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Highlights / Annotations / Catch Notes For April of 2015
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Showing 351 to 400 of 441 Records
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April 7, 2015
C.Ex.:
Valuation - whether the Tribunal could pass an order based on the statement made by the learned counsel for the respondent/assessee that the actual amortised cost has...
April 7, 2015
C.Ex.:
SSI exemption - Clubbing of the clearance - Exercise of common managerial control was not sufficient to make out the others as dummy units - there is no evidence of...
April 7, 2015
C.Ex.:
Classification of goods - Other furniture and parts thereof - the goods called as modular system furniture or workstations cannot be classified as a collective item as...
April 7, 2015
Cus.:
100% EOU - Export obligation - from the unit at Bhimli goods were sent to Chennai unit and it is from Chennai unit that the export was effected - benefit of exemption...
April 7, 2015
Cus.:
There was a clear understanding between the supplier and the buyer to quote a lesser quantity in the bill of Lading and also to give an impression to the Department that...
April 7, 2015
Cus.:
Misdeclaration of goods - goods declared as Hot mix plant Batch type - On examination it was found that goods were only components of complete hot mix plant and not a...
April 7, 2015
VAT:
Benefit of the exemption - It is not specified that if a poultry farmer imports or effects inter-State purchase of chicks and chickens, it would be ousted from the...
April 7, 2015
VAT:
Classification of goods - carbon paper, stamp pad & ink of stamp pad and covert (eraser) - stationary items or not - If the Department intends to classify the goods...
April 7, 2015
VAT:
Classification of goods - stationary items or not - marker as well as highlighter can fall within the meaning of a pen and by highlighter as well as marker one can...
April 7, 2015
I.Tax:
Receipt of an award from B. D. Goenka Foundation for Excellence in Journalism - It being a payment of a personal nature, it should be treated as capital payment, being...
April 7, 2015
I.Tax:
Measurement of distance for the purpose of agricultural land - Insofar as relevance of Section 11 of the General Clauses Act is concerned, it needs to be noted that here...
April 7, 2015
I.Tax:
Measurement of distance for the purpose of agricultural land - The distance between the municipal limits and assessed property/asset is to be measured having regard to...
April 7, 2015
I.Tax:
Reopening of assessment - Since, question of ownership and depreciation thereon was accepted twice by the C.I.T (A), therefore, same cannot be allowed to be reopened in...
April 7, 2015
I.Tax:
Loan waived by the banks in favour of the respondent assessee in one time settlement - whether the principal amounts of loans retained by the assessee on account of one...
April 7, 2015
I.Tax:
Addition made under section 40A(3) - cash payment greater than ₹ 20,000/- - Single voucher was prepared to book the amount which does not mean that entire payment...
April 7, 2015
I.Tax:
Sale of agricultural land - The photographs depicts that the land was not used for cultivating agriculture crops, as it contains boulders and wild grass appears to be...
April 7, 2015
Wealth-tax:
Valuation of property - wealth tax - there is no material produced before us by the Revenue to show that the written down value does not represent the market value of the vehicles - HC
April 6, 2015
S.Tax:
Business Auxiliary Services - Mandap Keeper service - The appellant is not acting on behalf of the decorator to provide service to his clients, nor is he acting on...
April 6, 2015
C.Ex.:
Denial of CENVAT Credit - Non maintenance of separate accounts - the electricity is not an excisable goods under section 2(d) of the Act, hence Rule 6 of the Cenvat...
April 6, 2015
C.Ex.:
Invocation of extended period of limitation - Suppression of facts - clearing sewing thread without mentioning that it is in the form of hanks - as the declaration and...
April 6, 2015
Cus.:
Conversion of shipping bill from DEPB to advance authorization scheme - due to inadvertence committed by the CHA who has filed the shipping bill under DEPB instead of...
April 6, 2015
Cus.:
Seizure of currency - A plea has been taken that since currency is not a prohibited item, an option must be given under Section 125 of the Customs Act to pay fine in...
April 6, 2015
Cus.:
Scope of exemption from whole of the additional duty - In absence of any description and nomenclature of additional duty in the notification there cannot be any...
April 6, 2015
VAT:
Whether the Tribunal was justified in giving a finding that the lease rentals received after 1.4.2005 in respect of transfer of right to use KST suffered cars leased out...
April 6, 2015
Indian Laws:
Anti competitive practices - genuine spare parts of automobiles manufactured by respondents are not made freely available in the open market - The parties are hereby...
April 6, 2015
I.Tax:
Amendment to Section 80HHC(3) - Having seen the twin conditions and since 80HHC benefit is not available after 1.4.05, we are satisfied that cases of exporters having a...
April 6, 2015
I.Tax:
TDS u/s 195 - FTS u/s 9 - The services rendered by the non-resident agent can at best be called as a service for completion of the export commitment and would not fall...
April 6, 2015
I.Tax:
Legality and validity of the notice under section 153C - If any fee structure is approved and cash component is therefore collected over and above the sanctioned fees...
April 6, 2015
I.Tax:
Withdrawal of approval/registration granted u/s 12A -The assessee-society was charitable to only one entity out of the whole planet, i.e., the corporate Max Group of...
April 6, 2015
I.Tax:
Unaccounted income - CIT(A) was merely on the basis of a hypothecation that against 94 plots a proportionate expenditure might have been incurred. Such hypothecation...
April 6, 2015
I.Tax:
Notional interest charged on receivables outstanding beyond 180 days - If the pricing/ profitability of the assessee are more than the working capital adjusted margin of...
April 4, 2015
S.Tax:
Denial of refund claim - when the appellants themselves had discharged the tax liability, there cannot be any refund of the amount as the issue is considered as...
April 4, 2015
C.Ex.:
Remission of duty - Loss of goods in fire - Chief Fire Officer gave opinion that it may be due to mishandling of workforce of assessee i.e. due to careless smoking of...
April 4, 2015
C.Ex.:
Valuation of goods - sale from depot - the value of the goods under assessment shall be the transaction value of the goods sold from the depot at the time nearest to the...
April 4, 2015
C.Ex.:
Valuation of goods - the amount charged from the customers as carrying cost of the extra raw materia linventory would be includible in the assessable value - AT
April 4, 2015
Cus.:
Interest on refund claim - Though, the refund amount was paid to the claimant-appellant consequent upon dismissal of SLP filed by the revenue, but the date of...
April 4, 2015
Cus.:
Denial of refund claim - Unjust enrichment - Even assuming that the amount has been collected without the authority of law, still the doctrine of unjust enrichment is...
April 4, 2015
VAT:
Classification of goods - the goods sold by the assessee, namely, router, is a computer peripheral, falls under Serial No.22, Entry 68 of Part B of I Schedule of TNVAT Act, 2006 - HC
April 4, 2015
I.Tax:
Disallowance u/s.40(a)(ia) due to no TDS - View taken by the Special Bench of this Tribunal in Merilyn Shipping & Transport stands rejected by the judgement of Hon’ble...
April 4, 2015
I.Tax:
Accrual of interest - receivable or not actually received - unless and until an assessee shows that a loan or advance had become a non-performing asset, there can be no...
April 4, 2015
I.Tax:
Accrual of income - Work relate to the installation and erection of the equipment has been completed in subsequent years as the time taken varies between 1 month to 21...
April 4, 2015
I.Tax:
Depreciation - if the undertaking has been taken on slump sale, no prudent businessman would leave the undertaking remain idle for so many months, when it is capable of...
April 4, 2015
I.Tax:
Existence of HUF - genuineness - The income-tax return of HUF could not be filed due to income being below the taxable limit - the certificate of Post Master with...
April 4, 2015
I.Tax:
Taxation rights for the salary earned for work done in the USA - India USA DTAA - the situs of accrual is the situs of services rendered which in the instant case is...
April 3, 2015
S.Tax:
A Co-ordinate Bench of the Tribunal has prima facie held, in similar circumstances, that the mechanical process of removing fly ash does not fall within the ambit of...
April 3, 2015
S.Tax:
Nature of receipt - repayment of loan or advance towards services to be rendered - RCM being a public limited companies, have clearly indicated in their balance sheets...
April 3, 2015
S.Tax:
Management, Maintenance and Repair service - The contracts were signed before 1.7.2003 and bills were raised prior to 1.7.2003. But actually services may have been...
April 3, 2015
S.Tax:
Denial of benefit of Abatement Notification of 67% on the ground that Cenvat Credit has been availed - since the cenvat credit has been reversed, benefit of abatement...
April 3, 2015
S.Tax:
Refund of amount deposited as service tax during investigation - not hit by limitation under Section 11B of the Central Excise Act 1944 - refund allowed - AT
April 3, 2015
C.Ex.:
Refund claim - retrospective amendment reducing rate of excise duty - The applications for refund were clearly within limitation. We do not understand the logic or...
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: Reverse Charge Mechanism GST
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