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Highlights / Annotations / Catch Notes For April of 2015
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Showing 51 to 100 of 441 Records
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April 28, 2015
I.Tax:
Transfer pricing adjustment - Risk adjustment and negative working capital adjustment - Though, it may be true, in case of a captive service provider AE takes all major...
April 28, 2015
I.Tax:
Claim of expenditure against payment of compensation - Short notice payment for termination of Toll Manufacturing Agreement - compensation was a business contractual...
April 28, 2015
I.Tax:
Initiation of proceedings u/s 153C - Company non-existent on account of its merger - Notice not served to amalgamated company - it is absolutely essential that the...
April 28, 2015
I.Tax:
Addition u/s 69C - Neither during the course of search at Litika Group nor during the course of survey at assessee’s premises nor during the enquiries made after survey...
April 28, 2015
I.Tax:
Capital gain - consideration of the holding period of previous owner - inherited the property - assessee entered into a collaboration agreement with a builder - assessee...
April 28, 2015
I.Tax:
Condonation of delay in furnishing the appeal - since the assessee society was operating under the supervision of State government, we are of the view that the said...
April 28, 2015
I.Tax:
Levy of penalty under section 271(1)(c) - assessee in the return of income had claimed the depreciation on land perse and not on intangible assets. The said claim was...
April 28, 2015
I.Tax:
Exemption / eduction u/s 54F - more than one residential house - assessee claimed that old proerty was gifted to minor daughter through an oral HIBA - Since the gifts...
April 28, 2015
I.Tax:
DTAA between India and Switzerland - Permanent Establishment / Business connection - establishing subsidiary in the other treaty country would not result in creating and...
April 28, 2015
I.Tax:
Presumption as to assets, books of account, etc. - A per the provision of section 292C, the assessee was liable to explain the source of the stock found in his premises...
April 28, 2015
I.Tax:
Section 263 does not empower the CIT to thrust upon his view on the Assessing Officer. Revision u/s 263 is possible only if both the conditions i.e. the order passed by...
April 27, 2015
C.Ex.:
Demand of differential duty - Valuation of goods - inclusion of freight and transit insurance in the assessable value - Sale on FOR destination basis - Even though the...
April 27, 2015
C.Ex.:
Demand of differential duty - If the appellant had availed cenvat credit in respect of the coating material and did not include the value of the coating in the...
April 27, 2015
C.Ex.:
When the Department s case against an assessee is mainly based on statements given by some persons and those statements are not corroborated by some other independent...
April 27, 2015
C.Ex.:
Manufacture of ugar syrup - captive consumption - Neither there is any evidence to prove that the goods, in question, are classifiable under 17029090 nor there is any...
April 27, 2015
C.Ex.:
Cenvat credit of SAD - appellant found that they are unable to utilise the amount in the EPCG licence as they were going to redeem the licence in a shorter period and...
April 27, 2015
Cus.:
Conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - Since in the cases of NDPS Act the punishment is severe, therefore strict proof...
April 27, 2015
Cus.:
Confiscation of goods u/s 111 - Freezing of bank account - Smuggling of goods - appellant has failed to explain the source of the imported goods sale proceeds whereof...
April 27, 2015
I.Tax:
Eligibility for exemption u/s 11 - "Ownership" of the Corporation and "activities" of the Corporation are two different aspects and the ownership cannot be considered...
April 27, 2015
I.Tax:
Additions on the basis of statement made u/s 133A - A statement made voluntary under Section 133A of the Act cannot be retracted unless the assessee files evidence to...
April 27, 2015
I.Tax:
Personal liability of administrator of trust for non deduction of tax at source - Principal Officers - The proceedings initiated is not a criminal proceeding. Under...
April 27, 2015
I.Tax:
Power to transfer cases - We do not see what difficulty he would have, if the assessee’s account, of which he is the Managing Director, is also processed at the same...
April 27, 2015
I.Tax:
Registration under Section 12A cancelled - earning of a huge net profit - the two conditions stipulated under the provisions of Sub-section (3) of Section 12AA of the...
April 27, 2015
I.Tax:
Bifurcation of income - Rental income - Merely because the document is styled as lease deed and building is involved. Therefore, the authorities were not justified in...
April 27, 2015
I.Tax:
Reopening of assessment - Change in Opinion based on same set of facts - framing of the assessment order is not in the control of the assessee, therefore, for any...
April 27, 2015
I.Tax:
Revision of assessment order - CIT noticed huge amount of withdrawals/ payments by the party - Provisions contained u/s 263 cannot be used as a tool to start roving and...
April 27, 2015
I.Tax:
Addition u/s 41(1) - Simply because the address of the sundry credits had changed, which fact was brought to the knowledge of the AO, without making any enquiry at the...
April 25, 2015
C.Ex.:
Valuation - non inclusion of freight, insurance and unloading charges - it would be manifest that the sale of goods did not take place at the factory gate of the...
April 25, 2015
C.Ex.:
Valuation of goods - no part of the royalty can be loaded on to the duplicate CDs produced by the appellant, the circular dated 19.2.2002 which deals with apportionment...
April 25, 2015
C.Ex.:
Valuation of goods - wSponge Iron - the packing charges would not be includible in the assessable value of the goods if the goods are marketable, as such, without being...
April 25, 2015
C.Ex.:
Clandestine removal of goods - parallel invoices - Duty evasion - Malafide intention - Preponderance of evidence - Blank copies of invoices found from invoice book show...
April 25, 2015
C.Ex.:
Area based exemption in Jammu and Kashmir - application for fixation of special rate of value addition - If for 2013-14 the appellant opt for Notification 1/2010-CE...
April 25, 2015
C.Ex.:
Area based exemption - when both JMAPL and SE could have availed the full duty exemption under notification no. 50/03-CE - they did not file the declaration for availing...
April 25, 2015
C.Ex.:
Area based exemption - Manufacturing activity or not - Job work - appellants are in the nature of semi finished goods which require further processing by KEL for being...
April 25, 2015
Cus.:
Condonation of delay in filing an appeal - Limitation Act including Section 14 would not apply to appeals filed before a quasi-judicial authority - However with regard...
April 25, 2015
Co.Law:
Offence u/s 138 & 142 of the Negotiable Instrument Act - Dishonour of cheques -an employee of the Company signed the complaint & DGM of the Company gave evidence as if...
April 25, 2015
Indian Laws:
Transfer of company / shares without consent - change of hand of the asset including the land in question - authority rightly issued notice demanding transfer fee from...
April 25, 2015
I.Tax:
Reopening of assessment - there is a nexus between the reasons recorded and the belief that income had escaped assessment because of fully and truly information having...
April 25, 2015
I.Tax:
Business of advancing money and cash - capital asset v/s stock-in-trade - From the application of funds it cannot be said that the principal business of the assessee is...
April 25, 2015
I.Tax:
Benefits under Section 10A - STP - in the event that the appellant establishes that the 31 units constitute separate undertakings for the purposes of Section 10A, it...
April 25, 2015
I.Tax:
Bogus transactions - Once income had not accrued to the assessee in the real sense, then the original return represents wrong statement which was corrected by the...
April 25, 2015
I.Tax:
Tribunal has rightly quashed and set aside the assessment under Section 158 BC of the Act on the ground that material collector during the survey was used while framing...
April 25, 2015
I.Tax:
Reopening of assessment - Petitioner is a company in the hospitality sector and we do not see how the amount of premium that has been charged from the subscribers can be...
April 25, 2015
I.Tax:
Disallowance to deduct the cost and expenditure incurred in earning income under the head "income from other sources" - What can be taxed is only the net income which...
April 24, 2015
I.Tax:
No TDS required to be deducted from the payment made to any corporation whose income is exempt under section 10(26BBB) since their income is anyway exempt - Circular
April 24, 2015
C.Ex.:
Withdrawal of exemption notification in the North Eastern Region from goods under Chapter 21.06 (Pan Masala) and Chapter 24 (tobacco and tobacco substitutes), including...
April 24, 2015
C.Ex.:
Demand of differential duty - In a number of other invoices though the pre-printed rate of duty is mentioned as 18%, but the same has been cancelled and modified as 15%...
April 24, 2015
C.Ex.:
100% EOU - Concessional rate of duty - concessional Notification No. 23/2003 CE could not have been denied to the appellant only for the reason that they have not...
April 24, 2015
Cus.:
If the interpretation suggested by the appellant that "degaussing coil" is" inductor" that shall defeat the spirit of the public grant and also run counter to the...
April 24, 2015
VAT:
Whether the renting out of tents, cutlery, furnitures and carpets by a “tent house” is liable to Value Added Tax (VAT) - Held Yes - The definition of sale is wide enough....
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