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Highlights / Annotations / Catch Notes For March of 2017
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Showing 101 to 150 of 608 Records
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March 27, 2017
I.Tax:
Charitable activity u/s 2(15) - Exemption u/s 11 - asylum to old, maimed, sick and disabled cows - an incidental activity of selling milk which may result in receipt of...
March 27, 2017
I.Tax:
Section 145 (1) permits two process of accounting and it is not the case of appellant that double entry system of account is not a recognized mercantile system of...
March 27, 2017
I.Tax:
Admission of additional evidence - no doubt the assessee did not cooperate with the Assessing Officer in completion of the assessment proceedings and that the books of...
March 27, 2017
I.Tax:
Reassessment u/s 147/148 - the mandatory procedure of disposal of the objection by AO before proceeding with the assessment has not been followed and exercise of power...
March 27, 2017
I.Tax:
Addition u/s 14A - If even after the decrease the assessee has interest free funds sufficient to make the investment in assets yielding the exempt income, the...
March 27, 2017
I.Tax:
Unexplained cash deposit - In many cases, small amounts were withdrawn two or three times on a single day by different persons. Further, the deposits in Bank were made...
March 27, 2017
I.Tax:
Disallowance of deduction - AO should have made disallowance only while framing regular assessment or reassessment, which was made prior to resorting to this...
March 25, 2017
I.Tax:
Admission of Additional evidence by the ITAT - Tribunal had in fact considered contents of the documents on merits - Tribunal did not commit any error in the facts and...
March 25, 2017
I.Tax:
Rejection of Grant of exemption u/s 10(23C)(via) - Merely because it charges fees for educational courses (as in the case of any school or college) or that it entered...
March 25, 2017
I.Tax:
Rectification of mistake - interpretation and consequence of expression "from the date of orders sought to be amended," u/s 154 (7) - in the garb of remand order in...
March 25, 2017
I.Tax:
Revision u/s 263 - provisions of Section 68 as amended given retrospective operation - Asking for source of source can be relevant inquiry - Demands confirmed - HC
March 25, 2017
I.Tax:
Penalty proceedings u/s 271(1)(c) - protective assessment - there can be a protective order qua assessment, there cannot be a protective order in respect of penalty - HC
March 25, 2017
I.Tax:
Adjustment of refund with the dues / tax arrears - a proposal for adjustment, by way of a show cause notice, will have to be served on the person, to whom, refund is due....
March 25, 2017
I.Tax:
Demand of TDS amount earlier deducted but returned later to the employees - Insurance company directed to pay/deposit amount deducted towards TDS - The poor workman, who...
March 25, 2017
I.Tax:
AO directed not to reduce interest payable to the partners on their capital contribution and remuneration from the eligible profits for grant of deduction u/s 80IB...
March 25, 2017
I.Tax:
Revision u/s 263 - nature of expenditure - revenue or capital - the issue of diversion of high tension lines of open cast mines of WCL is wholly and exclusively...
March 25, 2017
I.Tax:
Reopening of assessment after 4 years - approval not taken u/s. 151(1) - non appropriate sanctions - the notice u/s. 148 is bad in law and is quashed - AT
March 25, 2017
I.Tax:
Addition made u/s. 43B - Customs duty liability - the entire amount of customs duty liability has been adjusted against export obligation before the due date for filing...
March 25, 2017
I.Tax:
Disallowing 100% of repairs & maintenance expenditure of buildings and plant & machinery - AO directed to treat 65% of the impugned claims as capital expenditure...
March 25, 2017
S.Tax:
Taxability - Renting of immovable property service - vacant land - the levy of tax on the rental income derived by the appellant from the lessee is beyond the scope of taxability - AT
March 25, 2017
S.Tax:
Nature of Activity - provision of services or mere profit sharing arrangement - The amount received by the appellants, though called as “profit sharing” is only a...
March 25, 2017
S.Tax:
Rejection of refund claim - the case of appellant is that the dispute pertains to the rejection of refund claim and not to a decision on taxability - SCN u/s 73 was not...
March 25, 2017
S.Tax:
Refund - programme producers service - refund claim allowed on the ground that the service was taxable as “commercial use or exploitation of an event service” which was...
March 25, 2017
C.Ex.:
Cenvata Credit - Once the credit of inputs used in exempted goods stands reversed, the demand for reversal of 8%/10% amount of value of exempted goods in terms of Rule...
March 25, 2017
C.Ex.:
Imposition of penalty u/r 25 - CENVAT credit - Even though the goods are not confiscated there is clear contravention of the provisions of the Rules/Notifications as...
March 25, 2017
C.Ex.:
Imposition of penalty - reversal of credit for obtaining the Terminal Excise Duty (TED) benefit from the DGFT - Since the appellant has reversed the cenvat credit before...
March 25, 2017
C.Ex.:
CENVAT credit - Concast blooms - structural cobbles - rail cuttings - The inferences based on possible loss on sale, lesser usage of electricity or gas etc. are not...
March 25, 2017
C.Ex.:
SSI Exemption - clubbing of turnover of dummy units - non-issue of notice/non-participation of the other units whose turnover was added to turnover of main appellant,...
March 25, 2017
C.Ex.:
SSI exemption - exemption for own products, manufactured by SSI units, cannot be denied on the ground that the said unit undertaken manufacture and clearance of branded...
March 25, 2017
C.Ex.:
Manufacturers of excisable goods – stainless steel patta/pattis - The closure of units admittedly, beyond the control of the assessee/appellant, is not to be treated as...
March 25, 2017
C.Ex.:
SSI exemption - dummy units - use of brand of others - Not knowing the excise provisions for duty liability is not a factor for setting aside the duty demand - AT
March 25, 2017
C.Ex.:
Imposition of penalty u/r 26 of CER 2002 on transporters - clandestine removal - there is no evidence to prove that the lorry drivers or the owners had involved...
March 25, 2017
Cus.:
Valuation of imported goods - market enquiry alone cannot become the basis of enhancement of the value unless the results of the market enquiry are corroborated by...
March 25, 2017
Cus.:
Project import - moulds were cleared without availing the benefit of Project Import Regulations, the appellant have paid applicable custom duty therefore once the import...
March 25, 2017
Cus.:
Imposition of personal penalties u/s 112 of the CA, 1962 - both the appellants were indulged in purchase of fabrics in cash without any documents - the appellants’ claim...
March 25, 2017
Cus.:
Classification of imported goods - FOF (Fibre Optic Ferrule) - Revenue wants to classify the item under Chapter 6914 because of its constitution as it is made up of...
March 25, 2017
Co.Law:
Winding up petition - Whether an employee can maintain a Petition for winding up of a Company under section 439 r/w sections 433(e) and 434(1)(a) of the Companies Act,...
March 24, 2017
I.Tax:
Dividend income received from a foreign country - exemption from taxation - DTAA between Government of India and Government of the foreign country - Not Taxable - SC
March 24, 2017
I.Tax:
Penalty non leviable u/s 271(1)(c) if the income disclosed in the Return and the income assessed is nil - even after addition there is no positive income - penalty is to...
March 24, 2017
I.Tax:
Revaluation of closing stock routed through profit and loss account - revaluation of Fixed Assets does not lead to any taxable income of an Assessee - HC
March 24, 2017
I.Tax:
The land which was within the municipal limits, could not have been treated to be ''agricultural land' on the basis of revenue record prepared under U.P. Z.A. & L.R. Act....
March 24, 2017
I.Tax:
Clarifications on Income Computation and Disclosure Standards (ICDS) notified u/s 145(2) of the Income-tax Act, 1961 - ICDS applicable w.e.f. FY 2016-17
March 24, 2017
I.Tax:
TPA - Adjustment of customs duty - Since, the assessee himself claimed that selected comparables and worked out the gross profit margin was more than at arm’s length, we...
March 24, 2017
I.Tax:
Assessee in the instant case had written off the TDS portion due to non-availability of the same and hence it becomes a trading loss u/s 28 of the Act as to that extent,...
March 24, 2017
S.Tax:
Bill printing service to telecom companies - whether business auxiliary service or not? - the appellant/assessee is nowhere connected with promotion of service or...
March 24, 2017
S.Tax:
Taxability of excess amount collected in the name of reimbursement - “over and above” amount - post period to 18.4.2006, the appellant is liable to pay the service tax...
March 24, 2017
S.Tax:
GTA service - reverse charge mechanism - transporting companies have only raised invoices for transportation of cement clinkers as per the contract which did not satisfy...
March 24, 2017
S.Tax:
Classification of services - BAS or C&F - sale of cement by working under the cover of purchase invoices - when the principal has taken a responsibility for safe...
March 24, 2017
C.Ex.:
Unutilized Cenvat Credit - refund in cash - it is neither the case of "otherwise due" of the refund nor the case of exported goods. Similarly, absence of express grant...
March 24, 2017
C.Ex.:
Imposition of penalty u/r 26 of CER, 2002 on transporter - contraband items - transporter can not be expected to be the expert of Central Excise laws to find out before...
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: LTCG - year of assessment - The Tribunal noted discrepancies in the ye...
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: Taxation on gains arising out of compulsory acquisitions - Admission o...
H
: Revision u/s 263 - Additions u/s 69 r.w.s. 115BBE - excess stock found...
H
: Imposition of penalties u/s 114 (iii) and 114A on employees / manager ...
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: Revocation of the Customs Brokers’ licence - non-existent entities...
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: Import of Internal Remote Electrical Tilt Switches (iRET) - benefit of...
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: Smuggling - Prohibited goods - confiscation of cigarettes containers c...
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: Revocation of Customs Brokers’ licence - Non-existent exporters have a...
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: Seizure of plastic granules - Valuation - Confiscation of the vehicle ...
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: CIRP - Validity of resolution plan - Nil Payment to Operational Credit...
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: Method of valuation - Revenue neutrality - Extended period of limitati...
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: Refund of excess duty paid under protest - date on which notification ...
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: Integrity of the electoral process - suspicion of infringement of a ri...
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: The original appellant (now deceased) was represented by her son as he...
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: RECENT DEVELOPMENTS IN GST
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: Section 115BBE is prospective held by the Supreme Court
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: A Guide for Types Of Leaves and Law policies for Employees in India
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: Corrigendum to Public Notice No.01/2024 dated 9th April, 2024 on modif...
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: sales Against 0.1% GST- if export not done within 90 Days
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: Composition scheme
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: FILING APPEAL BEFORE SUPREME COURT – LOW TAX EFFECT
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: A Simple Analysis of Duty Drawback
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