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Levy of GST - Royalty- seigniorage fee paid by the...
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Highlights / Annotations / Catch Notes For April of 2017
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Showing 101 to 150 of 486 Records
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April 22, 2017
S.Tax:
Adjustment of the service tax already paid under the wrong head - Commissioner directed to make the adjustment of the service tax which has already been paid to the...
April 22, 2017
C.Ex.:
Liability of interest - delayed payment of duty - When the appellants are eligible for benefit of N/N. 67/95 they cannot be compelled to pay interest alleging delay in...
April 22, 2017
Cus.:
Classification of import of external/ portable hard disk drives - correctly classified under declared CTH 8471 70 20 as Hard disk drives - benefit of concessional rate...
April 22, 2017
VAT:
Requirement of pre-deposit - when there is a demand for tax in the order of assessment, the assessee will not be permitted not to deposit the requisite 15% on the ground...
April 22, 2017
Co.Law:
Restoration of name of the petitioner Company - if the petitioner is able to file all the overdue documents as called for by the Registrar of Companies, it is for the...
April 22, 2017
I.Tax:
Prim-facie adjustment u/s 143(1) intimation - Expenditure on advertisement and public issue - Even though it is a debatable issue but as Gujarat High Court had taken a...
April 22, 2017
I.Tax:
Disallowance of Interest payable to Alimenta on the amount awarded - Confirmed liability or contingent liability - the mere fact that the said judgment and decree was...
April 22, 2017
I.Tax:
Year of taxability of the consideration received for the sale of goodwill - the Tribunal erred in deleting the addition on account of goodwill when the same has, as a...
April 22, 2017
I.Tax:
Amount received after deducting Notice pay - whether liable to be taxed under the head "Salary" u/s. 16? - this is a case of recovery of the salary which is already made...
April 22, 2017
I.Tax:
TPA - If there is no value addition and if the finished goods which are purchased from AE are resold in the market as it is, then gross profit margin earned on such...
April 22, 2017
I.Tax:
Addition u/s 41 - Where the assessee continues to carry on the same business but in the later years, it is not eligible for section 80P due to amendment in the law as...
April 22, 2017
I.Tax:
MAT adjustment - provision for gratuity and leave encashment - Even though the A.O. could not have entertained the said claim but it does not impinge upon the appellate...
April 22, 2017
I.Tax:
Penalty levied U/s. 271(1)(c) - false claim of exemption of LTCG u/s 10(38) - mere making of a claim, which is not sustainable in law, by itself, will not amount to...
April 22, 2017
S.Tax:
CENVAT credit - The non registration of the Head office as ISD and the distribution of the credit on documents other than bills/invoices can be considered as procedural...
April 22, 2017
S.Tax:
Even though the export of software is not a taxable service but still the assessee cannot be denied Cenvat credit and that limitation u/s 11 B does not apply for refund...
April 22, 2017
C.Ex.:
Valuation - related party transaction - The transaction of ₹ 5 lakhs as loan on payment of interest cannot be the reason for holding partnership and private...
April 22, 2017
C.Ex.:
Since tractors are also motor vehicles and the services relating to motor vehicles having been expressly excluded, the credit of service tax paid on hiring of motor...
April 22, 2017
C.Ex.:
Refund claim - amount paid under protest using cenvat credit - Section 11B of the CEA does not make any distinction between duty paid in cash and that by utilization of...
April 21, 2017
S.Tax:
Renting of immovable property service - case of Revenue is that since the property is used for furtherance of business or commerce, the renting of immovable property...
April 21, 2017
S.Tax:
Mandap Keeper Services - the hotel rooms hired by the persons at the time of hiring the mandap/garden area to conduct marriage etc. - room charges for letting out the...
April 21, 2017
S.Tax:
Refund of unutilized cenvat credit - Rule 5 of the 2004 Rules does not stipulate registration of premises as a necessary prerequisite for claiming a refund - refund allowed - HC
April 21, 2017
VAT:
Concessional rate of tax - cement - taxable at 4% or 12.5%? - the petitioner is relying upon a fake document of registration and he was also aware that ‘cement’ was...
April 21, 2017
Indian Laws:
Exclusive jurisdiction clause for the courts in arbitration agreement - Scope of the agreement - Thus Mumbai courts alone have jurisdiction to the exclusion of all other...
April 21, 2017
Indian Laws:
State Government permissibility to enact Rule 5 of the Rules for recovery of the amount as arrears of land revenue - Madhya Pradesh Micro and Small Enterprises...
April 21, 2017
I.Tax:
Slump sale - taxable as LTCG or STCG - sale of depreciable assets - the provisions of Section 50 (2) would apply to a case where the assessee transfers one or more block...
April 21, 2017
I.Tax:
Special audit u/s 142[2A] - AO's formation of belief that looking to the multiplicity of the transactions in the accounts and specialized nature of business activities...
April 21, 2017
I.Tax:
Reopening of assessment - payment made towards Tanker Hire Charges in foreign currency on cash basis - the grounds on which the assessment is sought to be reopened is...
April 21, 2017
I.Tax:
Special audit - Power of the AO - the amendment whereby the word "suo motu" were inserted in sub section (2C) of Section 142 was to be applicable with effect from 1st...
April 21, 2017
I.Tax:
Deduction u/s 80IB - the flower beds which are below the floor level can not form part of constructed area of flat for the purpose of determining the eligibility of the...
April 21, 2017
I.Tax:
There is no merit in the action of AO for bringing tax net advance amount received in respect of flat for which no permission was there for construction. Moreover,...
April 21, 2017
I.Tax:
Additions against Sale of manure in the nature of poultry droppings - AO had accepted the expert opinion insofar as it related to feed consumption of bird at 55-60 KGs...
April 21, 2017
I.Tax:
TPA - the jurisdiction and power of TPO is to determine arm's length price of Royalty and the order of TPO holding that the assessee had not derived any benefit under...
April 21, 2017
S.Tax:
Penalty - There was sufficient evidence to establish that the respondent is guilty of suppression of facts - The law laid u/s 78 of the FA, 1994 mandates imposition of...
April 21, 2017
S.Tax:
Levy of penalty - extended period of limitation - suppression of facts cannot be alleged on mere non-declaration in the returns when the issue whether service tax is...
April 21, 2017
C.Ex.:
Refund claim - unjust enrichment - Merely because it was shown as expenditure, the department cannot contend that pre-deposit made by appellant is hit by unjust...
April 20, 2017
S.Tax:
Agency fee - Consulting Engineer Service or not? - They have merely provided the technical capabilities and expertise in the management and supervision of projects...
April 20, 2017
S.Tax:
Taxability of amount collected by the EPFO towards, inspection charges and administrative charges, penal damages, penal interest from defaulters. - The appellants are...
April 20, 2017
S.Tax:
Business Auxiliary Service - Export of Service Rules, 2005 - destination has to be decided on the basis of place of consumption, not the place of performance of service...
April 20, 2017
S.Tax:
Benefit Abatement - N/N. 1/2006-service tax - denial on the ground that the assessee has availed credit - subsequent reversal of credit even after utilization of the...
April 20, 2017
S.Tax:
Adjustment of excess amount of service tax paid - Rule 6(4A) of Service Tax Rules, 1994 - Adjustment cannot be denied on the ground that adjustment is possible only for...
April 20, 2017
S.Tax:
Renting of Immovable Property Service - interest need not be paid for the liability it is created retrospectively - interest on duty cannot be recovered from the...
April 20, 2017
S.Tax:
CENVAT credit - appellants have availed CENVAT credit on VAT and also on the personal telephone calls used by employees - no documents have been furnished at all. The...
April 20, 2017
S.Tax:
Taxability - manpower recruitment and supply services - payments received by lessor on behalf of the workers used by the lessee of a factory for carrying out their...
April 20, 2017
C.Ex.:
Waiver of pre-deposit - Section 35F of the CEA, 1944 - there is no scope for interpretation that the 7.5% is required only in cases wherein the proceedings have been...
April 20, 2017
C.Ex.:
Compounding scheme - Aluminum Circles - the appellant is entitled to the compounding facility under N/N. 34/2001-CE, and they have rightly paid the duty - the appellants...
April 20, 2017
C.Ex.:
Refund -- limitation provided u/s 11B shall not be applicable in the present case where the respondent sought refund of an amount reversed in terms of Rule 6 (3) of CCR - AT
April 20, 2017
C.Ex.:
Interest on delayed refund - The demand was very much existing at the time of passing Tribunal order for the reason that re-quantification was directed to the original...
April 20, 2017
C.Ex.:
CENVAT credit - input service - outward transport - the appellant has paid Service tax in respect of the input service i.e. the outward transportation of the biscuits to...
April 20, 2017
C.Ex.:
CENVAT credit - the Department cannot deny credit alleging that M/s Wanbury Ltd., in whose name the bill was issued did not possess loan license. The invoices contain...
April 20, 2017
Cus.:
Levy of anti-dumping duty (ADD) upon the import of graphite electrodes - Designated Authority had followed an acceptable method of determining the normal value of...
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: Sec 16(4) Reversal of ITC when 3B is filed belatedly
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: Addition of unaccounted supplies in the Returns
F
: ITC of FY 2017-18 blocked
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: Export Services without LUT
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: QUANTUM OF PENALTY UNDER THE IGST ACT
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: DISTINCTION BETWEEN DEATH OF PLAINTIFF AND DEFENDANT DURING PENDENCY O...
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: A Comprehensive Guide to Inter-State and Intra-State Supply
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: Intermediary Services Nexus with Export of Services
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: Assessment Order not valid when Petitioner could not file reply due to...
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: Instruction on review of requirement of G-Card holders at a Customs St...
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: Late claim of ITC -16(4)
F
: Penalty under Section 73(1) of CGST Act, 2017
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: ONLINE SOFTWARE IMPORT DUTY CALCULATION REG
A
: Supreme Court orders about alleged bogus capital gains on alleged penn...
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: Verification of authenticity and genuineness of Certificate of Origin ...
H
: Levy of interest and penalty - transition of amount wrongly claimed as...
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: Acceptance of Electronic Certificate of Origin (e-CoO) issued by the i...
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: Levy of penalty @200% - e-way bill which was generated by the appellan...
H
: Eligibility for Input Tax Credit - Failure to report outward supply - ...
H
: Seeking cancellation of the GST registration - The case involved a pet...
H
: Reference to Departmental valuation officer [DVO] without first reject...
H
: Validity of reopening of assessment - Validity of grant the approval b...
H
: Validity of reopening of assessment - Petitioner received another noti...
H
: Penalty levied u/s 271(1)(c) - Transfer pricing adjustment - assessee ...
H
: Disallowance of commission paid to foreign agents - The Tribunal uphel...
H
: Penalty u/s. 271(1)(c) - Referring to a precedent set by the Hon’ble S...
H
: Deduction u/s 80IA(4) - Disallowance of project facility expenses - Re...
H
: LTCG - deduction u/s 54 denied - Despite the assessees claim of having...
H
: Validity of assessment framed u/s 143(3) by Non- jurisdictional ITO - ...
H
: Addition u/s 69A - cash loans given by the assessee as unexplained - d...
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