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Showing 151 to 200 of 492 Records
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May 22, 2017
S.Tax:
The demand u/s 73 (1) of the FA, 1994 has to be issued within the period with reference to relevant date as stipulated in the said Section. There is no provision to...
May 22, 2017
S.Tax:
Export of services - the procurement of orders in the Indian market, on behalf of the foreign principal for which payment is received in foreign exchange from the...
May 22, 2017
C.Ex.:
Refund of cenvat credit - Duty under protest - closer of factory - Rule 5 in no way prohibits the payment of the refund amount in cash - HC
May 22, 2017
C.Ex.:
Valuation - raw material supplied free of cost by the buyers - the value of the materials, components, parts supplied free of cost by the buyer to the appellants for use...
May 22, 2017
C.Ex.:
Mere a prescription of Chapter Note in the tariff will not create the duty liability on the waste and scrap of metal goods arisen during the course of repair and...
May 22, 2017
C.Ex.:
Valuation - related party transaction - Pfizer is merely a service provider to the appellant - In the absence of any proof of mutuality of interest, it cannot be said...
May 22, 2017
Cus.:
Foreign Trad Policy - Despite absence of any power under Section 5 of the FTDR Act, 1992 for any retrospective amendment, several such amendments/instructions are being...
May 22, 2017
VAT:
Deemed sale - Transfer of right to use - Franchise agreement - royalty - The Appellant and the Petitioners grant a non-exclusive license to the franchisees, which can be...
May 22, 2017
I.Tax:
Assessment u/s 153A - pre-condition justifying the invocation of the power of search u/s 132 (1) against the Petitioner - The Respondent's search of the Petitioner was a...
May 22, 2017
I.Tax:
Income from share transactions - the assessee had indulged in a dubious share transaction meant to account for the undisclosed income in the garb of long term capital...
May 22, 2017
I.Tax:
Validity of order passed u/s 142(2A) for special audit - Though proviso is silent about reasonable opportunity, it refers opportunity to both the petitioner as well as...
May 22, 2017
I.Tax:
Leased rental received - Income from house property - During the first year of lease he has agreed to receive the 60% profit of the business as annual rental income but...
May 22, 2017
I.Tax:
The case of the assessee can be easily summarised in a Hindi proverb- “Chitt bhee meri Pat bhee meri. ”To save itself from the penal provisions, it claimed that it was a...
May 22, 2017
I.Tax:
We are aware that morality and ethics are not part of the tax jurisprudence and we are also not deciding a moral issue. But, it does not mean that assessee can take a...
May 22, 2017
I.Tax:
Section 10B being an exemption provision, income of the 10B unit has to be excluded at the source itself before arriving at the gross total income and since this income...
May 22, 2017
I.Tax:
Exemption u/s 10(23C) (iiiad) - If the corpus fund is excluded, the balance aggregate annual receipt of the assessee’s educational institution would be less than ₹...
May 22, 2017
I.Tax:
TPA - ALP - interest on delayed realization of receivables is a separate international transaction and, therefore, requires separate benchmarking. It has nothing to do...
May 22, 2017
I.Tax:
Taxable income - forfeiture of share warrants - whether treated as capital receipt in nature? - if the initial receipts of a business are not trading receipts in the...
May 20, 2017
S.Tax:
Penalty u/s 78 - VCES scheme - appellants while availing VCES gave a false declaration as they have not declared the correct dues. Therefore, their case cannot be...
May 20, 2017
S.Tax:
Business Auxiliary Services - service as a financial broker by providing arrangement - The commission is received by them in the financial transaction where they acted...
May 20, 2017
S.Tax:
Consultancy engg. service - supply of engineering design, drawing and documents - the supply of imported and indigenously procured drawing and designs, treating them as...
May 20, 2017
C.Ex.:
Deemed Manufacture - The master box was opened and cartons containing vials/bottles were taken out and sticker bearing the details of import Licence no. price and the...
May 20, 2017
Cus.:
100% EOU - import of second hand machinery - even though the goods have not been cleared for home consumption, the same have not been accounted for to the satisfaction...
May 20, 2017
Cus.:
There is no provision in the Customs Act to initiate fresh proceedings, after the final adjudication has taken place and that too, when the order stand merged with the...
May 20, 2017
Cus.:
Duty on re-export of goods - the goods have been re-exported after six months but before one year, the clauses of the notification are very clear and the appellant is...
May 20, 2017
I.Tax:
Transfer - capital gains - In the absence of registration of JDA the agreement does not fall under Section 53A of 1882 Act and consequently Section 2(47)(v) of the Act...
May 20, 2017
I.Tax:
Setting off of indirect income against the operational income / trading loss - claiming deduction u.s 80IB - section 71 of the Income Tax Act allows set off of loss from...
May 20, 2017
I.Tax:
Short term capital loss on sale of shares - revenue has failed to establish that transactions are sham and merely book entries and further the explanation to section 73...
May 20, 2017
I.Tax:
Capitalization of license fee and royalty expenditure - The license fee and the royalty fee to the Government of India is on a year to year basis and this fact was never...
May 20, 2017
I.Tax:
Non deduction of TDS u/s 195 - if payee had taken into account the interest paid by the assessee while computing their taxable income and had filed their return, then...
May 20, 2017
I.Tax:
Addition u/s. 68 - proof of creditworthiness or genuineness - Mere payment by account payee cheque is not sacrosanct nor can it make a non-genuine transaction genuine -...
May 20, 2017
I.Tax:
Penalty u/s 271(1)(c) - validity of notice u/s 274 - Quite clearly, non-striking-off of the irrelevant limb in the said notice does not convey to the assessee as to...
May 20, 2017
I.Tax:
Charging of tax on the interest received from the temporary fixed deposits from the escrow account out of the barrowed funds committed for project implementation - such...
May 20, 2017
GST:
Goods and services Tax - Rates of Tax for goods and Services - Schedule wise and item wise
May 19, 2017
S.Tax:
Refund claim - export of services - mere fact that the appellant has been promoting and marketing foreign universities within India and then getting prospective students...
May 19, 2017
S.Tax:
Packaging Activities - Liability of tax - the respondent shown the cost and an amount of 10% for supply of goods. Since these supply involve sale with profit of 10%, the...
May 19, 2017
S.Tax:
Mandap keeper services - renting out the halls / open spaces/ theaters and auditoriums to their clients are allowed for temporary occupation for a consideration - the...
May 19, 2017
S.Tax:
Business Auxiliary Services - the appellants are not engaged in procuring any input service for the telecom operators. In fact, they are developing the contents and...
May 19, 2017
S.Tax:
Reverse charge mechanism - Telecommunication services - outbound roaming services - Foreign Service provider has not been granted with any licenses under the Indian...
May 19, 2017
C.Ex.:
Imposition of penalties on partners of manufacturing firm u/r 26 of CER - non-payment of Central Excise duty by the partnership firm, M/s Allied Electricals - It is not...
May 19, 2017
C.Ex.:
Adjustment of sanctioned refund amount against arrears of Central Excise duty of lessor company - the lease deed provisions have no relevance or application to justify...
May 19, 2017
Cus.:
Entitlement to interest on refund - respondents are liable to refund the amount on expiry of three months from 18.11.2002 to the petitioner ie. the date of the order of...
May 19, 2017
Cus.:
Misdeclaration of goods - undervaluation - It is a fact of common sense that the branded goods are priced much more than the local non-leather Chinese shoes. As such,...
May 19, 2017
Cus.:
Penalty u/s 114A and 114AA - Focus product scheme - licence issued against the fake shipping bills - the appellant was vigilant as per the maxim EX ALUN DANTI CAUTELA -...
May 19, 2017
VAT:
Liability of tax on purchase of Supari - Merely because the Department for some reason could not collect tax on the sale of ‘supari’ u/s 10 would not mean absence of...
May 19, 2017
I.Tax:
Benefit of Income Declaration Scheme, 2016 only to the persons who are not covered u/s 132 - The scheme of 2016 will not override the provisions of the Income Tax Act...
May 19, 2017
I.Tax:
Revision u/s 264 in favor of assessee - Claim for refund of excess Tax paid/waiver of interest under Sections 234A, 234B and 234C denied - reason assigned for rejection...
May 19, 2017
I.Tax:
Method of accounting - A switch over in the midst of financial year ought to be permitted by the authorities only in exceptional cases where the same poses no difficulty...
May 19, 2017
I.Tax:
Addition on account of cash deposit in the bank account - It is not explained why assessee was making deposits in his bank account on different dates of different amount...
May 19, 2017
I.Tax:
Deduction u/s. 10A - applicability of the circular after assessment year 2009-10 - Finance (No. 2) Act, 2009 has made amendment with retrospective effect from 01-04-2009...
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