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Showing 201 to 250 of 638 Records
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April 20, 2016
Cus.:
In the absence of any prima facie finding indicating the role of appellant in various frauds, suspension of Customs broker license will be harsh and unjustified - AT
April 20, 2016
Cus.:
Import of inbuilt machine - Right of claim to the Notification No. 6/02-CE dated 01.03.2002 benefit is not allowed when declaration found to be false - AT
April 20, 2016
Cus.:
Condonation of delay in filing an appeal - Order in original was supplied to authorized person - There is no provision in Customs Act to order appellant to appoint any...
April 20, 2016
VAT:
Classification - Pet coke used in the manufacture of cement, during the course of the manufacturing process gives rise to an exothermic reaction and forms one of the...
April 20, 2016
VAT:
Partnership firm consists of two women partners - If purposive interpretation is made to the word 'a dealer being a woman’, it should mean that "a dealer being a woman’...
April 20, 2016
FEMA:
Department could be taken to be an aggrieved person and that the right of appeal under Section 19 of the Foreign Exchange Management Act, 1999 is conferred upon any...
April 20, 2016
I.Tax:
Unascertained liability cannot be excluded in the provision of gratuity for the computation of book profit under section 115JB - HC
April 20, 2016
I.Tax:
Building which is constructed solely for the manufacturing of medicine is a 'plant' and is entitled to higher depreciation at the rate of 25% - HC
April 20, 2016
I.Tax:
Charge of interest under Section 158 BFA (1) of the Income Tax Act, 1961 were automatic and the same were leviable from the date of service of the first notice - HC
April 20, 2016
I.Tax:
Penalty u/s 271AAA - There should be some undisclosed income in the form of money, bullion etc or any entry in the books of account or other documents and the same...
April 20, 2016
I.Tax:
Bombay Stock Exchange is not a statutory body and any penalties or fines paid as the case may be under regulations and bye-laws can be considered as regulations for...
April 20, 2016
I.Tax:
Bombay Stock Exchange towards broker contingency fund and admission fees are capital in nature. - AT
April 20, 2016
I.Tax:
Adoption of fair market value as on 01. 04. 1981 for the property inherited by the assessee from his father is correct - AT
April 20, 2016
I.Tax:
Commercial activity of any charitable trust will not be subject to tax if along with commercial activities it is engaged in providing relief of the poor, education, medical relief. - AT
April 20, 2016
I.Tax:
STCL on STT paid transactions to be set off against the STCG on non-STT paid transactions allowed - AT
April 20, 2016
I.Tax:
MTM losses in respect of forward foreign exchange contract debited to the profit and loss account are allowable - AT
April 20, 2016
I.Tax:
Compensation received by the assessee is for the loss of earnings only it is revenue receipt exigible to tax and not a capital receipt - AT
April 20, 2016
Wealth-tax:
Notice issued to a person who is not in existence at the time of issuance of such notice renders such initiation invalid.- AT
April 19, 2016
I.Tax:
Deemed dividend u/s 2(22)(e) - advances being compensation for personal guarantees - as long as it is in nature of loans or advances, and other pre-conditions for...
April 19, 2016
S.Tax:
So long as the commission paid is not disputed, which can even be verified from the bank statements or certificates from the bank, rejection of claim for want of...
April 19, 2016
S.Tax:
Services of renting of machinery or equipment for production or manufacture, which is an activity relating to conduct of main business are not covered under Business...
April 19, 2016
S.Tax:
Services which are supporting in nature to the main business, like services relating to customer relationship telemarketing, office infrastructure, etc. are covered...
April 19, 2016
C.Ex.:
Declaration of Retail Sale Price / Fixation of tariff value - Import of cosmetics products of a weight or measure of 10 gm or 10 ml or less - Insofar as it only fixes...
April 19, 2016
C.Ex.:
If an order of refund is passed after adjudication u/s 11B, the amount refunded will not fall under the category of "erroneous refund" so as to enable the order of...
April 19, 2016
C.Ex.:
When the Act or the Rules in question do not specifically prohibit restoration of an appeal, dismissed on the ground of non-deposit of the amount, the Tribunal certainly...
April 19, 2016
C.Ex.:
Welding electrodes used in or in relation to the manufacture of final product whether directly or indirectly and in the factory of manufacturer are eligible for Cenvat credit - AT
April 19, 2016
C.Ex.:
When lessor is a manufacturer utilizing the inputs and discharging on the final products, lessee is entitled for the Cenvat credit - AT
April 19, 2016
Cus.:
Authorities can exercise such powers, if there is any error apparent on the face of the record which requires rectification - HC
April 19, 2016
VAT:
In a taxing statute one has to go by the clear language of the statute and equity has no role to play while interpreting a taxing statute - HC
April 19, 2016
VAT:
In case of different stand taken by the department by rejecting its own order, the exemption of entertainment tax is granted from the date of release of movie and not...
April 19, 2016
FEMA:
Detaining authority is under obligation to comply with the requirements by formulating grounds for detention - HC
April 19, 2016
I.Tax:
Expenses incurred on Life Extension Program (LEP) of Thermal Power Station to be treated as revenue expenditure - HC
April 19, 2016
I.Tax:
Consideration paid to the Government, the question of TDS u/s 194-I does not arise - the manner in which the amount was quantified and the method of selection of the...
April 19, 2016
I.Tax:
If an amount has to be determined even before an agreement for lease is finalised, the same would never form part of the rental income - no TDS u/s 194I - HC
April 19, 2016
I.Tax:
Non-compete premium received by assessee is a business receipt assessable u/s. 28(va) - as in term of Article- 7 of DTAA any business income arising to the enterprise of...
April 19, 2016
I.Tax:
Income of the Hajj firms floated by the M/s Alhind Tours and Travels Pvt. Ltd. is to be assessed in its hand only - AT
April 19, 2016
I.Tax:
Loss arising out of the commodities dealt with i.e gold, silver, copper, zinc, natural gas, nickel etc are to be considered as speculation loss only and the assessee is...
April 19, 2016
I.Tax:
When profits or losses, as a result of execution of project as such, belong predominantly to the assessee, the assessee is obviously taking the entrepreneurship risk qua...
April 19, 2016
I.Tax:
Receipt by the assessee from the HUF of which the assessee was the member - treated as gift received from the relative (group of relatives) - Not Taxable u/s 56(2) r.w.s. 2(31) - AT
April 19, 2016
I.Tax:
Principle amount in the HSBC Geneva Bank account is itself not taxable due to the non-resident status of the assessee, and as there is no proof that the income has...
April 19, 2016
I.Tax:
Mere recognition by DSIR shall not entitle the assessee to claim deduction under section 35(2AB) - AT
April 19, 2016
I.Tax:
Assessee has not been handed over the relevant portion of land, disallowance of claim of provision for expenses made in the accounts of the assessee confirmed - AT
April 19, 2016
Wealth-tax:
Land acquired by Government of India under the Land Acquisition Act, 1894 - The assessee does not hold any ownership rights in the said portion of land and it is...
April 18, 2016
I.Tax:
Deemed Transfer u/s 2(47)(v) - LTCG - transfer of property through Joint Development Agreement (JDA) - if there is no performance or intention to act upon, the...
April 18, 2016
I.Tax:
Amount paid towards penalty for breach of commercial contract by the assessee is not penal in nature, but compensatory in nature - deduction u/s 37(1) allowed - HC
April 18, 2016
I.Tax:
Allowance of of bad debts - advances given by the assessee had become actually bad - deduction u/s 36(1)(vii) cannot be denied - HC
April 18, 2016
I.Tax:
Fees charged by way of admission fee, monthly subscription, admission and registration fee etc., are utilized only for the promotion of the aims and objects of the...
April 18, 2016
I.Tax:
Cash deposit into bank - No requirement under the law that assessee has to deposit the entire sale consideration into his bank account immediately. The assessee may...
April 18, 2016
I.Tax:
Deduction u/s.80P(2)(a)(i) - Assessee is entitled for deduction of interest income derived from investment of surplus funds with banks also.- AT
April 18, 2016
I.Tax:
Bad debts claimed should be set off against the opening balance available in the “Provision for bad and doubtful debts” account created u/s. 36(1)(viia) and the balance...
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