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Highlights / Annotations / Catch Notes For April of 2015
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Showing 151 to 200 of 441 Records
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April 22, 2015
I.Tax:
Disallowance of Building grants given to Milk Producer's Society - to put up a building to facilitate the collection of milk and testing it - the expenditure of...
April 22, 2015
I.Tax:
Marketing and management services - Even the existence of the service per manent establishment in India will not make it taxable because of no involvement of such...
April 21, 2015
S.Tax:
Transfer of burden to discharge of service tax liability to another person - Undoubtedly, the service tax burden can be transferred by contractual arrangement to the...
April 21, 2015
S.Tax:
CENVAT Credit - Housekeeping and Landscaping Services - where an employer spends money to maintain their factory premises in an eco-friendly manner, the tax paid on such...
April 21, 2015
S.Tax:
Development of software and system analysis for internet based trading services - services rendered by the appellant/assesssee during the period in question will fall...
April 21, 2015
C.Ex.:
Denial of CENVAT Credit - SSI Exemption - delayed reversal of cenvat credit - in respect of inputs lying in stock or used in any finished excisable goods lying in stock...
April 21, 2015
C.Ex.:
CENVAT credit on oxygen and nitrogen gas - integrated steel plant - Though there are three separate units with separate registrations, the entire raw material is being...
April 21, 2015
C.Ex.:
Whether the parts of the boilers of Biomass Energy Producing Systems being manufactured by the respondent and which are not consumed within their factory but are used in...
April 21, 2015
C.Ex.:
Clandestine clearance of goods - statement made by person to be considered voluntary and true even if retracted when circumstances not showing any use of threat or...
April 21, 2015
Cus.:
Detention of goods - Perishable goods - misdeclaration of origin of goods - goods can be permitted a provisional clearance on the petitioner executing a bond for the...
April 21, 2015
I.Tax:
Disallowance of unpaid service tax u/s 43B - Section 43B does not contemplate liability to pay the service tax before actual receipt of the funds in the account of the assesee - HC
April 21, 2015
I.Tax:
Bid-loss - Claim of business loss - assessee was explaining the principle followed by them, which results in bid loss. What the AO wanted was to give evidence that the...
April 21, 2015
I.Tax:
Deduction u/s 80IA - When the assessee exercises the option, the only losses of the years beginning from initial assessment year alone are to be brought forward and no...
April 21, 2015
I.Tax:
Addition of unexplained income under section 69A - The shares were held in the name of the partners on behalf the assessee firm and hence, naturally, the name of...
April 21, 2015
I.Tax:
Deduction u/s 80IC - there is no denial of deduction u/s. 80-IC in case of manufacturing activities in the nature of job works, work contract etc - AT
April 21, 2015
I.Tax:
Interest u/s 234B - the interest u/s 234B of the Act is not leviable in the case of the assessee being nonresident when its entire income is subject to TDS u/s 195 of the Act. - AT
April 21, 2015
I.Tax:
Taxability of advertisement revenue & subscription revenue - Tax Treaty between India and USA - Appellant has a PE in India, both Advertisement and Subscription...
April 21, 2015
I.Tax:
Charitable activities in the nature of educational activities - bjects of the assessee-society are to promote research and development of higher education in...
April 21, 2015
I.Tax:
Dis-allowance of various expenses - self-made vouchers - some deficiencies in such self made vouchers were pointed out by the Assessing Officer by stating that the...
April 20, 2015
S.Tax:
Renting of immovable property - the lease of open land for use for construction for business/commercial purposes during the terms of the lease is taxable - not to be...
April 20, 2015
S.Tax:
Benefit of Notification no. 15/04-ST and Notification 1/06-ST would be available even if value of the goods and materials supplied by the service recipient are not...
April 20, 2015
C.Ex.:
Denial of CENVAT Credit - the expenditure on training, printing and stationery could not satisfy as to relevancy thereof to the manufacture activity. Therefore, no...
April 20, 2015
C.Ex.:
Job work - manufacture of fastners required bright wire rods out of bright bars - manufacturing activity or taxable services - Job worker is paying service tax - Prima...
April 20, 2015
C.Ex.:
Denial of CENVAT Credit - Goods have been loaded to some other vehicle. Therefore, there is a difference in vehicle number - credit allowed - AT
April 20, 2015
Cus.:
Valuation - inclusion of 1% of the F.O.B. value of goods on account of loading, unloading and handling charges - Rule 9(2) of the Customs Valuation (Determination of...
April 20, 2015
Cus.:
Actual user condition - Re-export of defective components after being issued for manufacturing would be treated as used for intended purpose - However, demand of duty...
April 20, 2015
Co.Law:
Rejection to Registration / Transfer of Preference shares - The alleged inadequacy of monetary consideration with respect to the transfer of shares, as alleged by the...
April 20, 2015
I.Tax:
Entitled to the benefit under Section 10-B - department submits that most of the activities are "outsourced" and very small part of the manufacture was undertaken by the...
April 20, 2015
I.Tax:
Reopening of assessment - the successor Assessing Officer has simply sat over the decision of the earlier Assessing Officer passed u/s.143(3) with respect to the issues...
April 20, 2015
I.Tax:
Capital gains v/s business income - The assessee did not hold the capital asset. He did not transfer the capital asset, he only facilitated the transfer of capital...
April 20, 2015
I.Tax:
Recording of satisfaction under section 158BD - revenue having taken three and a half months to record his satisfaction cannot be held to be unreasonable. - HC
April 20, 2015
I.Tax:
Revision u/s 263 - assessee engaged in the business of manufacture and processing of pharmaceuticals, entitled to benefit of deduction, though the activity was being...
April 20, 2015
I.Tax:
TDS u/s 194C - nature of contract - works contract or sale purchase contract - purchase of footwear with logo from the job worker - transaction in the nature of sell and...
April 20, 2015
I.Tax:
Rental income earned from terrace floor/roof area - exploitation of the licensed space - terrace floor cannot exist in the air. It is part of the building which has been...
April 20, 2015
I.Tax:
The amount transferred to the reserve fund account as per provisions of Section 67 of the Gujarat Cooperative Societies Act, 1961 was not diversion of income at source...
April 20, 2015
I.Tax:
Entitlement to benefit conferred under Section 54F - . It is open for the assessee to put up a residential construction or to purchase a residential house. It is not the...
April 18, 2015
S.Tax:
Denial of CENVAT Credit - Appellant will not be entitled for Cenvat credit of service tax paid on Marine Insurance Policies taken in respect of the tugs and barges or...
April 18, 2015
S.Tax:
Penalty u/s 77 for non appearance to summons - penalty of ₹ 200 per day is not in the nature of mandatory. Therefore it is discretion of the officer to reduce the...
April 18, 2015
S.Tax:
Construction Services - It is difficult to imagine a hydro power project without a dam. Once again, this is also arguable and prima facie view is in favour of appellant...
April 18, 2015
C.Ex.:
Classification - manufacture of Milk N Nut - Classification under Chapter Heading 2001.10 or Chapter Heading 1704.90 - product in question is vegetable preparation and...
April 18, 2015
C.Ex.:
Extended period of limitation - suppression of facts - when the fact of the issue came to the notice of the Department in January, 2001, subsequent to that it cannot be...
April 18, 2015
C.Ex.:
Valuation of goods - sale of goods through depot - in terms of Rule 7, in case goods not sold from the factory but transferred to the depot the price prevailing at depot...
April 18, 2015
C.Ex.:
Denial of remission of duty - Goods lost in fire - appellant has taken Cenvat Credit correctly and there is also no provision in the Cenvat Credit Rules to reverse...
April 18, 2015
Cus.:
Imposition of redemption fine - goods were received in excess of the quantity specified in the documents, without the knowledge of the appellant - redemption fine and...
April 18, 2015
Cus.:
Misuse of advance licences - appellant has no manufacturing facilities for that part of the period. - goods manufactured through their job worker - matter needs to be...
April 18, 2015
VAT:
Refund - retrospective exemption - though it states that any amount deposited will not be refundable but, when no amount was legally payable on the basis of...
April 18, 2015
I.Tax:
TDS on amount paid through agent - Short deduction of TDS on the payment to agent - Once the payment is made through the agent to the third party against the services...
April 18, 2015
I.Tax:
Penalty u/s 271(1)(c) - there was no doubt on the issue that even when there is increase in the capital for the business of the company then also the expenditure would...
April 18, 2015
I.Tax:
Addition made u/s.68 - assessment u/s.153A - The initial burden is upon the Revenue under section 153A to prove that there is an incriminating material which shows that...
April 18, 2015
I.Tax:
Disallowance on account of loss due to flood - It is not in dispute that loss has occurred during the year under consideration, however the dispute is that the loss and...
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Black Money .... Act, 2015
Black Money .... Rules, 2015
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Highlights April April 2015 Year 2015
