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Highlights / Annotations / Catch Notes For June of 2013
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June
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Showing 151 to 200 of 365 Records
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June 18, 2013
C.Ex.:
Classification of the product Sugar Cone placed in Aluminium foil cone - sugar cone placed in the aluminium cone is properly classifiable under Chapter 19, as claimed...
June 18, 2013
S.Tax:
Penalty - When the assessing authority, in its discretion has held that no penalty is leviable, by virtue of Section 80 of the Act, the revisionary authority cannot...
June 18, 2013
Cus.:
Refund - Levy of Cess on import of coking and non-coking coal - The petitioners shall be entitled to refund of such duty paid only within three years immediately...
June 18, 2013
C.Ex.:
Clandestine removal - allegation cannot be merely on the basis of presumptions and assumptions. Suspicion however grave cannot replace the proof - decided in favor of...
June 18, 2013
I.Tax:
Swapping premium - Disallowance u/s 36(1)(viii) - swapping premium is nothing but discounted interest and had originated in the long term finance initially advance -...
June 18, 2013
I.Tax:
Addition on account of gift - donors did not appear in response to notices u/s 131 - as all details were furnished and source of source were also explained, there is no...
June 18, 2013
I.Tax:
Registration under S.12AA denied - membership is open to 'a Hindu having full faith in Hindu Dharma, Samskruti and way of life' - nothing wrong in the said clause -...
June 18, 2013
I.Tax:
Agriculture land - AO was not justified in holding that the land in question was a benami asset of the assessee and capital gain., if any, was to be assessed in the...
June 18, 2013
I.Tax:
Capital gain computation - Joint ownership - the sale proceeds belonged to appellant and other partners, hence, the appellant is entitled to exemption u/s 54E. - AT
June 18, 2013
I.Tax:
Addition made on the basis of statement - It is well settled proposition of law that the retraction should be made at the earliest possible opportunity. - addition confirmed. - AT
June 18, 2013
VAT:
Exemption from VAT on milk powder and the vitaminised infant milk foods - Public interest - Doctrine of promissory estoppel - this is not a case where such principle...
June 17, 2013
C.Ex.:
Refund of excess duty paid - Debit / Credit Note - unjust enrichment - purchaser reversed the credit - Refund allowed - AT
June 17, 2013
C.Ex.:
SSI Exemption - notification No. 8/2003 dated 1.3.2003 - Period of limitation - declaration filed as on 14.4.2004 - SCN issued as on 5.4.2006, beyond one year - demand set aside - AT
June 17, 2013
S.Tax:
Cenvat Credit - Input services - prior to date of registration - export of services - refund allowed - AT
June 17, 2013
Cus.:
Import of vessel for scrapping - who is the importer - on which the vessel is broken up would be the date on which it is taken for breaking i.e. the date of transfer...
June 17, 2013
I.Tax:
TDS U/s 194-J OR 194C - AMC - Rendering of services by using technical knowledge or skill is different than charging fees for technical services - TDS to be deducted u/s 194C - AT
June 17, 2013
I.Tax:
Service charges paid on software development to DERPOL - expenses claimed by the assessee are of revenue in nature - AT
June 17, 2013
I.Tax:
Deduction u/s 80C - the payment of LIC premiums made during the previous year out of loan funds are also eligible for deduction u/s 80C - AT
June 17, 2013
I.Tax:
Business of Life Insurance - Income transferred to policy holders' a/c. was not application of income-it was charge on income and therefore AO had rightly excluded it...
June 17, 2013
I.Tax:
Transfer pricing adjustment - selection of comparable - AO/TPO is directed to work out the ALP of the assessee with direction - AT
June 17, 2013
VAT:
Consignment was not accompanied with down loaded transit declaration form - Except this default everything was found in order - the irresistible conclusion is that the...
June 17, 2013
VAT:
Refund claim rejected - seller paid tax @ 12.5% instead of 4% - all that the Revenue could do is to proceed against the seller of the goods for charging the purchaser at...
June 15, 2013
C.Ex.:
MRP based valuation - some of the dealers were ultimately selling these television sets on MRP higher than affixed by the assessee - no demand can be made against the assessee - AT
June 15, 2013
C.Ex.:
CENVAT credit on sulphuric acid used for treating the effluents - treatment of gases effluents is essential part of manufacturing of these chemicals. - credit allowed - AT
June 15, 2013
S.Tax:
ISD - Freight Business Auxiliary - The appellant purchases coupons and issue to their employees - appellant failed to prove nexus - small amount - credit disallowed - AT
June 15, 2013
S.Tax:
Cenvat Credit on input services availed without actually paying for the input services received in violation of the provisions of Rule 4(7) of CCR - pre deposit...
June 15, 2013
S.Tax:
Business Support Services - No service tax on amount collected from customers to undertook the activity of registration of the car their behalf with the RTO authorities - AT
June 15, 2013
Cus.:
As there is no prohibition u/s 124 not to proceed against the importer, who has availed wrongful exemption of duty, this Court cannot restrain the respondents from...
June 15, 2013
Cus.:
Refund of SAD - Notification No.102/2007 Cus - sale of goods after processing of cutting and slitting - It certainly does not loose its correlation with the goods...
June 15, 2013
Cus.:
Confiscation of Gold - gold with foreign marks - illicit nature of the gold - onus to prove - burden u/s 123 (1) was on the appellant to prove that the goods were either...
June 15, 2013
I.Tax:
Penalty u/s 271B - delay in filing return - E-filing - non furnishing of tax audit report before the specified date - Penalty confirmed - AT
June 15, 2013
I.Tax:
TP - retrospective applicability of sec. 92CA(2B) - powers of assessing officer to make such reference and the powers of TPO to furnish report - decided against the assessee - AT
June 15, 2013
I.Tax:
TDS - Technical services provided by the NSDL and CDSL - Settlement and Custody Fees - Held as managerial remuneration liable for TDS u/s 194J - AT
June 15, 2013
I.Tax:
Quota written off - Licence / quota which was for a limited period of three years - though assessee had obtained enduring benefit, held as revenue in nature - AT
June 15, 2013
I.Tax:
Exemption u/s. 54 denied - A construction in inhabitable position cannot be equated with a residential house. If a person cannot live in a premises, then such premises...
June 15, 2013
VAT:
Reasonableness of retrospective legislation - Package schemes of incentive - retrospective levy with interest upheld - penalty would be prospective only - HC
June 15, 2013
Co.Law:
Winding up petition - whether a secured creditor was within its right to maintain a petition for winding up without giving up its security - Held yes - HC
June 14, 2013
S.Tax:
Provision of services to SEZ - exemption by way of refund mechanism - non payment of service tax - the extended period could not have been invoked and penalty could not...
June 14, 2013
Cus.:
Meaning of 'Case' - Settlement Commission - merely because the recovery has not been completed, a person would not be entitled to offer a lesser amount than what has...
June 14, 2013
Cus.:
Confiscation - food safety - shelf life of the shrimp - he reason that the CESTAT is not sitting due to vacancy in its Chennai Bench cannot be a good reason for this...
June 14, 2013
Cus.:
Requirement of pre-deposit - Tribunal was not well within its jurisdiction while dismissing the stay application in view of the fact that entire goods seized are in the...
June 14, 2013
I.Tax:
Attribution of income - India - German DTTA -as per Article 7 of the India Germany DTAA, the business profits of the permanent establishment in India, only are offered to tax. - AT
June 14, 2013
I.Tax:
Registration u/s 12A / 12AA - section 2(15) - there is neither institution nor any coaching classes conducted by the assessee - rejection is not proper - AT
June 14, 2013
Co.Law:
Scheme of arrangement / amalgamation - prayer for winding up since the transfree company felt that scheme is unworkable - The Court cannot add terms to the scheme which...
June 13, 2013
S.Tax:
Construction of residential complexes - Levy of ST on Advance received - the explanation inserted by Finance Act, 2010 cannot be have retrospective effect - AT
June 13, 2013
Cus.:
DFIA license - transferability - benefits of flexibility to import the alternative input/product mentioned in the SION - change of policy after issuance of licence will...
June 13, 2013
Cus.:
Preventive detention - when a detention order does not meet the prescribed parameters and fails to comply with the procedural requirements, the order stands vitiated and...
June 13, 2013
I.Tax:
Reassessment - notice u/s 148 - recording of satisfaction - The omission to state a jurisdictional fact cannot by any stretch of imagination be regarded as a typographical error. - HC
June 13, 2013
I.Tax:
Minimum Alternate Tax (MAT) u/s 115JB - interpretation - reduction of exempted income u/s 80-IB from book profit u/s 115JB - not allowed - HC
June 13, 2013
I.Tax:
Penalty u/s 271D - The loans were prior to the date of becoming a partner of the assessee-firm. - Both the lender and borrower are agriculturists - section 269SS is not...
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: Income taxable in India - payments received from its India customers o...
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: Nature of land sold - Gain earned on sale of land/acquisition - the Tr...
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: THE ASSESSEE CANNOT BE ABSOLVED OF RESPONSIBILITY TO MONITOR THE GST PORTAL
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