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Highlights / Annotations / Catch Notes For March of 2017
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Showing 151 to 200 of 608 Records
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March 24, 2017
C.Ex.:
Personal Penalty - scope of rule 15 of CCR, 2004 - penal provisions need strict interpretation and a person could only be able to defend his case only when the...
March 24, 2017
C.Ex.:
Education Cess - Bidi cess is leviable u/s 3 of the “Beedi Workers Welfare Cess Act, 1976” - whether education and higher education cess can be computed on Bidi cess - Held No - AT
March 24, 2017
C.Ex.:
Method of Valuation - transaction value u/s 4 or MRP based value u/s 4A - fuse base /fuse links - As the goods cleared by the appellant to the wholesaler are in bulk,...
March 24, 2017
C.Ex.:
CENVAT credit - fabrication of support structures - Boiler Parts, Silo System, Boiler Radiation Hopper, Turbine Air Unit, EOT Crane, Hook Conveyor, Materials Handling...
March 24, 2017
C.Ex.:
Benefit of N/N. 6/2006-CE - manufacturing/replicating of CD ROM were not of Educational nature or not - In the absence of any evidence on record that non-educational...
March 24, 2017
C.Ex.:
Payment of excess duty wrongly - Adjustment of the accounts from Head of Account BED to Head of account SED - It would be too harsh to not allow the prayer of the...
March 24, 2017
C.Ex.:
Valuation - supply of bought out items as parts of weigh bridge - erection and commissioning at the site of the buyer. - appellants are not liable to pay duty on...
March 24, 2017
C.Ex.:
Method of Valuation - transaction value u/s 4 or MRP based value u/s 4A - toothpastes in tubes branded as ‘Calcium Prudent’ - destined for distribution by the Canteen...
March 24, 2017
C.Ex.:
CENVAT credit - GTA service - outward transportation of cement - as goods have been supplied by the appellant on FOR basis to the buyers place and included the value of...
March 24, 2017
C.Ex.:
SSI exemption - CENVAT credit - stock of inputs lying as such and contained in process and in final products - the appellant had nil balance in their Cenvat credit...
March 24, 2017
Cus.:
100% EOU - remission of duty - the fire department has certified that there is no foul play and that the fire has due to reasons beyond the control of the appellants....
March 24, 2017
Cus.:
Benefit of exemption N/N. 25/2005-Cus - the benefit of notification cannot be denied merely on the ground that the importer does not possess the facility to manufacture...
March 24, 2017
Cus.:
Detention of gold with vehicle - seizure of gold during movement - whether smuggled / imported gold or locally procured - gold was being transported by the appellant...
March 24, 2017
Cus.:
Duty exemption entitlement scheme - respondent was neither the manufacturer nor the exporter - violation of condition of licence would not be within their knowledge -...
March 24, 2017
Co.Law:
Lifting of corporate veil - The decision in lifting the corporate veil, to discern the real involvement of individuals who set up a network of corporate entities to...
March 24, 2017
Co.Law:
Mppression and mismanagement - Maintainability of petition - members / petitioners holding less than l/10th of the Issued - it cannot be read that a 'class of members'...
March 23, 2017
S.Tax:
Validity of show cause notice - extended period of limitation - Whether the ingredients for resort to proviso to section 73(1) of FA, 1994 are present to obviate the...
March 23, 2017
S.Tax:
Refund - unjust enrichment - The mere fact that the service tax amount have not been in the clients ledger account, and that the service tax amount paid has been...
March 23, 2017
C.Ex.:
Provisional assessment - whether adjustment of excess paid duty against short paid duty is permitted? - adjustment of excess paid duty against short paid duty is...
March 23, 2017
C.Ex.:
Cement cleared for export to Nepal - there is no statutory requirement to declare sale price (RSP/MRP) on the cement bags meant for export to Nepal - the benefit of the...
March 23, 2017
C.Ex.:
Refund claim - unjust enrichment - where the appellant have written off the excess duty paid to the profits in the relevant accounting year, that does not amount to...
March 23, 2017
C.Ex.:
SSI exemption - use of Brand name which was assigned vide oral contract - even in the absence of written agreement the submission of the owner of the brand name is...
March 23, 2017
C.Ex.:
CENVAT credit - input services - works contract service, GTA, telephone, security service, consulting engineering service, rent a cab operator service etc. - The said...
March 23, 2017
C.Ex.:
Warehouse - whether the appellants licensed Warehouse (Customs Bonded Warehouse) located within the appellant's factory would be considered as part of factory as defined...
March 23, 2017
C.Ex.:
CENVAT credit - capital goods - disallowance of Cenvat credit being 50% of the eligible credit, which was required to be taken in the subsequent year, but was taken in...
March 23, 2017
C.Ex.:
Valuation - manufacture of computers - whether the 'Technical Service Charges' recovered vide separate invoice are includible in the assessable value or not? - Held No - AT
March 23, 2017
C.Ex.:
Claim of refund after reduction in MRP post clearance - Valuation - Footwear - Depot as place of removal - MRP based valuation - Section 4A of Central Excise Act, 1944 -...
March 23, 2017
Cus.:
Entitlement of interest of amount deposited during investigation - the officers of DRI had clearly no jurisdiction to demand and collect any amounts from the assessee,...
March 23, 2017
Cus.:
Finalization of provisional assessments of ex-bond Bills of Entry filed - Import of crude palm oil - Timing of measurement of quantity - since the goods had already been...
March 23, 2017
VAT:
Re-opening of assessment - - sales tax / vat - escaped assessment - whether an ‘audit objection’ can be construed as ‘information’ within the meaning of Section 19 of...
March 23, 2017
VAT:
Liability of tax - transfer of stock was not backed by any Form-F - Once a statutory presumption is drawn regarding sale in the absence of Form-F, and the assessee has...
March 23, 2017
I.Tax:
Addition on account on account of interest subsidy and excise refund - incentives to new industrial units and substantial expansion of the existing units - J & K -...
March 23, 2017
I.Tax:
Allowing set off of long-term capital loss on sale of preference shares against the long term capital gain earned on sale of apartment - The assessee can plan to reduce...
March 23, 2017
I.Tax:
Addition u/s 68 - When the depositors are regular tax payers and the advances made by such depositors as also share application monies paid by such shareholders are duly...
March 23, 2017
I.Tax:
Explanation 5A to section 271(1)(c) is now very clear, that if there is a difference in the original return filed under section 139 (1) of the Act and the return filed...
March 23, 2017
I.Tax:
Estimation of profit - purchase from hawala operators - bogus purchases - CIT(A) estimated GP @ 17.5% on alleged bogus purchases as against 7.11% declared by the...
March 23, 2017
I.Tax:
Interest u/s 234B and 234C - additional income was surrendered during survey to buy peace and avoid further adverse consequences - since the assessee was not liable to...
March 22, 2017
I.Tax:
TDS u/s 194J OR 194C - running x-ray and sonography services in all four MCH centre - the activity clearly falls within the definition of ‘work’ as stated in section 194C - AT
March 22, 2017
Indian Laws:
W.e.f. 1.7.2017 it is mandatory to Quote Aadhaar Number in the ITR and update the PAN withe the Aadhaar Number - New Section 139AA
March 22, 2017
Indian Laws:
Requirement of 1% TCS on cash sale of jewellery u/s 206C removed - Loksabha Passed the Finance Bill, 2017 today i.e. 22-3-2017
March 22, 2017
Indian Laws:
100% penalty on cash transaction over ₹ 2 lakh (originally it was proposed as 3 lakh) from April 1, 2017 - Loksabha Passed the Finance Bill, 2017 today i.e. 22-3-2017
March 22, 2017
S.Tax:
Refund claim - payment of tax under protest - rejection of refund on the ground of taxability of activity - By not issuing a show cause notice and a consequential order,...
March 22, 2017
S.Tax:
Refund claim - Rule 5 of the CCR, 2004 - Service provided from outside the taxable territory to a person located outside the taxable territory are not services for the...
March 22, 2017
S.Tax:
The aircraft lease service cannot be subjected to service tax under the category of Management, Maintenance and Repair. - AT
March 22, 2017
S.Tax:
Classification of service - business of moving personal effects/household goods from one place to another place - GTA service or Cargo handling service? - Held as GTA...
March 22, 2017
S.Tax:
Business auxiliary service - They are by using these GDS/CRS for booking tickets, receiving incentives from the said companies for every segment booked by them - service...
March 22, 2017
C.Ex.:
Benefit of N/N. 50/2003 - area based exemption - the area in which the appellants unit is situated has been deleted from the relevant notification, the appellant will...
March 22, 2017
C.Ex.:
Benefit of N/N. 6/2006 - International Competitive Bidding (ICB) - If we take a view that the goods cleared by sub-contractors are not entitled for exemption on the...
March 22, 2017
C.Ex.:
Manufacture - The laminated HPDE fabrics that comes into existence due to the process of lamination cannot be held as a manufactured product attracting Central Excise duty - AT
March 22, 2017
C.Ex.:
Valuation - royalt - The value of design, drawing and technical know-how, provided free of charge, should form part of the assessable value of power units manufactured...
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