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Highlights / Annotations / Catch Notes For May of 2013
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Showing 1 to 50 of 359 Records
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May 31, 2013
C.Ex.:
ISD - credit cannot be denied on the ground that the input services were received in some other units and during distribution of input services credit was given to...
May 31, 2013
C.Ex.:
Revenue directed not to charge excise duty on the cough syrups being prepared and sold by the petitioner if it contains Codeine Phosphate less than the prescribed limits. - HC
May 31, 2013
C.Ex.:
SSI Exemption and export - payment of duty on export and claiming rebate / refund - The adjudicating authority as well as the Government committed an error in...
May 31, 2013
C.Ex.:
Attachment order - As the petitioner has elected to file an appeal, which is pending before the CESTAT, the merits of the order-in-original passed by the Commissioner...
May 31, 2013
C.Ex.:
Withdrawal of exemption - principle or doctrine of promissory estoppel - Indian Mouth Freshner - Pan Masala - unit in Sikkim - petitioner to continue with the exemption...
May 31, 2013
S.Tax:
Interest on Refund - initially the amount was credit to Consumer Welfare Fund later cash refund was allowed - interest on refund allowed. - AT
May 31, 2013
S.Tax:
Cenvat Credit - input services received prior to the date of registration - belated availment of cenvat credit - cenvat credit allowed - AT
May 31, 2013
S.Tax:
Cenvat Credit - Input services - Rule 2(L) of CCR - there is no requirement of one to correlation of the cenvat credit availed. - AT
May 31, 2013
S.Tax:
Refund - The appellant has passed the hurdle of unjust enrichment - the provisions of Section 12B will not be applicable in this case as the club and the members are not...
May 31, 2013
I.Tax:
Assessee is eligible to claim simultaneous benefit under section 10(10C) as well as section 89(1) in respect of the compensation received under the voluntary retirement scheme - AT
May 31, 2013
I.Tax:
Diminution in value of inventory - in the case of slow moving items which did not have a ready market, it was permissible for the assessee to adopt a lower value - AT
May 31, 2013
I.Tax:
Appeal before ITAT - con compliance of Rule 18 - As there is no valid paper book on record and there is nobody present before the Tribunal on behalf of the assessee -...
May 31, 2013
I.Tax:
Penalty u/s 271(1)(c) - absence of due care does not mean that the assessee is guilty of either furnishing inaccurate particulars or attempting to conceal its income -...
May 31, 2013
I.Tax:
Exemption u/s 10(15) - as he was Non-Resident for the said period and resident but Not Ordinarily Resident for succeeding eight years remittance sent by him from Dubai...
May 31, 2013
I.Tax:
Addition on account of low household expenses on protective basis - the protective addition made in the regular assessment order has no legs to stand. - no addition - AT
May 31, 2013
Wealth-tax:
HUF - Whether assessment proceedings in the name Karta would be legal in the event of partition having taken place between the parties? - HC
May 31, 2013
VAT:
Rate of tax applied to Paraffin wax manufactured and sold by appellant - 4% or 20% - Entry No. 120 of 3rd Schedule is a specific Entry and Entry No. 1(ix) of 4th...
May 31, 2013
Co.Law:
A party taking recourse to a wrong provision of law while approaching the Court cannot be placed in a worse situation. - HC
May 30, 2013
I.Tax:
Computer peripherals and accessories - depreciation @ 60% has been allowed on computer peripherals. - AT
May 30, 2013
C.Ex.:
Eligibity of Cenvat credit on welding electrodes - without repair and maintenance, manufacturing operations, though theoretically possible, are not commercially feasible...
May 30, 2013
C.Ex.:
Condonation of delay - the Courts take reasonably lenient view in examining the delay and causes of delay explained by a litigant on the premise that ordinarily, a...
May 30, 2013
C.Ex.:
Cenvat Credit - The invoices issued by the registered licencee being genuine and in the absence of any allegations against the appellants of fraud, the Tribunal should...
May 30, 2013
C.Ex.:
CESTAT dismissed the appeal - The petitioners had deposited the amount of pre-deposit, of course after some delay - appeals are required to be heard on merits - HC
May 30, 2013
C.Ex.:
Revenue appeal - There are no statutory rules, providing that the Commissioner will sit on the same day at the same time and take a decision authorising a Central Excise...
May 30, 2013
C.Ex.:
Cenvat credit - ISD - credit could not be denied on the ground that the input services were received in some other units and distribution need not have been made on the...
May 30, 2013
S.Tax:
Franchise service or not - Appointment of agents - collection of fee form the agent of Rs. 15000/- each - prima facie case is in favor of assessee - stay granted. - AT
May 30, 2013
S.Tax:
Valuation - inclusion of the value of SIM-Cards in providing the (communication) services by the appellant - extended period of five years cannot be invoked - demand set aside - AT
May 30, 2013
Cus.:
Condonation of delay - appellant had deliberately approached wrong forum to cause prejudice to the interest of Revenue - prayer for condonation rejected - AT
May 30, 2013
I.Tax:
Status of HUF - whether CIT(A) erred in granting the assessee the status HUF & deleting the addition made being the capital asset treated as income of AOP - held no - AT
May 30, 2013
I.Tax:
Non deduction of TDS u/s 194J - TPA - TPAs, when they make payments to hospitals are liable to deduct tax at source under the provisions of section 194-J. - AT
May 30, 2013
I.Tax:
Nature of share transactions - the transaction which have been shown under the head investment portfolio and, hence, the short term capital gain or long term capital...
May 30, 2013
I.Tax:
Penalty u/s. 271(1)(c) - Clearly, a false claim was not only made by the assessee, but it was agitated before the highest fact finding authority - penalty confirmed. - AT
May 30, 2013
I.Tax:
Deemed dividend u/s 2(22)(e) - oan or advance to a non-shareholder cannot be taxed as deemed dividend in the hands of the a non shareholder - AT
May 30, 2013
I.Tax:
Charge of fringe benefit tax - whether a person is a “servant“ or an “agent“ - Since those services were professional services FBT is not applicable - AT
May 29, 2013
C.Ex.:
Dismissal of appeal for non compliance of stay order - The stay applications of individual appellants, having regard to their peculiar circumstances, should be...
May 29, 2013
C.Ex.:
Exemption notification - Concessional rate of duty - actual user condition - As the procedure set out in the 2001 Rules has not been followed, the appellant was not...
May 29, 2013
S.Tax:
Services of cargo handling - main contractor discharged the entire service tax liability - ST can not be demanded twice from the sub-contractor - demand and penalty set aside - AT
May 29, 2013
S.Tax:
Computer training services - vocational traning - service tax liability for the period July 2004 to March 2005 - There is no evidence indicating any malafide suppression...
May 29, 2013
S.Tax:
Service tax liability - AO has shown sympathy to the persons who is liable to pay the tax - Notice given to AO to explain his role - HC
May 29, 2013
Indian Laws:
NDPS - As there is no absolute rule that police officers cannot be cited as witnesses and their depositions should be treated with suspect therefore, the prosecution...
May 29, 2013
I.Tax:
Transfer of search assessment proceeding to the ACIT-Visakhapatnam u/s 127(2) - The notice had indicated the reason for transfer as 'centralisation' for 'co-ordinated...
May 29, 2013
I.Tax:
Reassessment - bogus entries - The reasons recorded by the AO do not disclose the AO’s mind as to what was the nature and amount of transaction or entries - proceedings...
May 29, 2013
I.Tax:
Addition u/s 41(1) - Although, enforcement of a debt being barred by limitation does not ipso facto lead to the conclusion that there is cessation or remission of liability - HC
May 29, 2013
I.Tax:
ITAT's power of rectification - In the present case, decision of the Tribunal to allow depreciation on 8% profit was a conscious decision. - ITAT not allowed to rectify - HC
May 29, 2013
I.Tax:
Forward contract cancellation loss - In order to hedge against losses, the assessee had booked foreign exchange in the forward market with the bank. - allowed as business loss - HC
May 29, 2013
I.Tax:
Adjustment of refudn with tax u/s 245 - No doubt, the respondent is empowered to make the adjustment of refund, but the same can be done only in the manner as...
May 29, 2013
I.Tax:
TDS on payment of freight u/s 194C - the owners of the truck actually hired had furnished Forms No.15-I - no authority on the part of the assessee to deduct any tax. - HC
May 29, 2013
I.Tax:
Additions - cash credit - receipt of remittances of foreign exchange - assessee claimed immunity that he is not bound to disclose the name of the person who remitted the...
May 29, 2013
VAT:
The intention of the legislature under the TNGST is to treat chilly and chilly powder, coriander and coriander powder, and turmeric and turmeric powder as one and the same goods - HC
May 29, 2013
VAT:
Failure to deposit tax before furnishing returns or alongwith the returns - imposition of penalties confirmed - revisionist held that there was reason - matter remanded...
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