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Highlights / Annotations / Catch Notes For June of 2014
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Showing 1 to 50 of 366 Records
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June 30, 2014
S.Tax:
The petitioner, if felt aggrieved by such wrong recording of the facts by the tribunal, has to approach the same Authority promptly before it fades from its memory. - HC
June 30, 2014
S.Tax:
Penalty u/s 76 & 78 - Failure to remit tax - no direction can be issued to keep in abeyance the demand of tax assessed and penalty levied, on that ground, under Article...
June 30, 2014
C.Ex.:
Captive consumption - marketability - non-woven fabric - Department led no evidence whatsoever to establish that the impugned product in the form that it is, is...
June 30, 2014
C.Ex.:
Recovery of duty from lessee of the tea garden - Default to pay excise duty - power to issue the attachment/detention order for realization of dues - order of recovery sustained - HC
June 30, 2014
C.Ex.:
Rechargeable battery and battery charger - manufacture - marketability - principal activity/processes carried out by the applicant are in the nature of packing and...
June 30, 2014
C.Ex.:
Wrong mentioning of address in the PAC was only due to typographical mistake. A procedural mistake cannot be made the basis for denying substantive right when such a...
June 30, 2014
C.Ex.:
SSI exemption - Manufacturing of pharmaceuticals in name of other person - respondent failed to satisfy condition of SSI benefit manufacturing branded goods of others...
June 30, 2014
Cus.:
Import of Sony Video/Audio Cassette - nexus with manufacture - Since the goods imported had been used for the purposes specified in Clause (a) to (d) or for the purposes...
June 30, 2014
Cus.:
Valuation - export of Iron Ore Fine and Lumps - Addition of inflated freight to the assessable value to export of goods - prima facie the applicant had not made a case...
June 30, 2014
VAT:
Classification of “RA THERMOSEAL” and “THERMOSEAL” - medicine or toothpaste - Even if one were to apply the common parlance test to the said products of the Applicant,...
June 30, 2014
VAT:
Determination of selling price - pricing system of LPG and kerosene assigned to Petroleum Planning and Analysis Cell (PPAC) - The authority committed an error of law in...
June 30, 2014
I.Tax:
Deduction of u/s 24(b) from house property (rental) income – Interest paid on capital to partners – the claim of the assessee is in clear violation of the provisions of...
June 30, 2014
I.Tax:
Expenses on advertisement - creation of brand value - capital or revenue in nature - it has been rightly treated by it as revenue expenditure, admissible u/s.37(1) of the Act - AT
June 30, 2014
I.Tax:
Confirmation of addition – Receipt of gifts from son – Simply because such a transaction of gift has not been mentioned in the income tax return of income of the donor...
June 30, 2014
I.Tax:
Confirmation of penalty u/s 158BFA(2) of the Act – Furnishing of inaccurate particulars - U additons have been upheld on estimation basis , thus, no penalty is leviable - AT
June 30, 2014
I.Tax:
The tax paid by the assessee for a sum of Rs. 4.50 crores, is nothing but tax paid under self–assessment tax for the purpose of section 140A and once that is so, the...
June 28, 2014
S.Tax:
It is the claim of the Applicant that even though they have entered into the consignment agreement with M/s. Tata Steel Ltd. they have not received any consignment...
June 28, 2014
S.Tax:
Input services - Refund claim - nexus with the output service - ground not taken in the show-cause notice and therefore both the lower authorities have travelled beyond...
June 28, 2014
S.Tax:
Works Contract Composition Scheme - The classification of services rendered prior to 01.06.2007 cannot affect the assessee’s entitlement to the Composition Scheme in...
June 28, 2014
S.Tax:
Business Exhibitions conducted abroad - Technical Inspections were done outside India - Since, these services are performed outside India there is no service tax...
June 28, 2014
C.Ex.:
Whether refund claim filed by the appellant under Rule 5 of the Cenvat Credit Rules, 2004, after surrender of the registration, is admissible or not - refund to be...
June 28, 2014
C.Ex.:
Nature of duty paid by the 100% EOU - when the statute itself provides that what is being paid by a 100% EOU is excise duty, the question of denial of benefit of...
June 28, 2014
C.Ex.:
Valuation of goods - freight charges are separately recovered from the customers by issuing debit note, therefore the respondents are fulfilling the conditions imposed...
June 28, 2014
Cus.:
Adjustment of penalty amount with the refund payable to the assessee - Allowing Department to adjust the refund against the said liability would virtually nullify the...
June 28, 2014
Cus.:
Waiver of pre-deposit of duty - Import of Synthetic Casting Tapes - Classification of goods - import of Synthetic Casting Tape would come under Chapter 30 - AT
June 28, 2014
VAT:
Grant of loan equal to VAT / CST - fiscal incentives to the Tata Motors Limited for Nano project - Amount of loan paid by the Government does not amount to refund of tax. - HC
June 28, 2014
VAT:
Benefit of Amnesty Scheme under KGST - revenue refused to grant the benefit of amnesty scheme since the tax was paid before the effective date on which scheme came into...
June 28, 2014
I.Tax:
If there is any shortfall in deducting TDS, the assessee can be declared to be an assessee in default u/s 201 and no disallowance can be made by invoking the provisions...
June 28, 2014
I.Tax:
Exemption u/s 54 – LTCG - Nature of Property sold is housing property or agricultural land - once a door number is allotted to the premises, this itself makes it clear...
June 28, 2014
I.Tax:
Filing of belated return in response to notice us/ 153C - the information contained in such belated return can also be considered for completing the assessment - AT
June 28, 2014
I.Tax:
Once no case is made out for application of provisions of section 13 – AO was not correct in denying exemption u/s 11 in assessee’s case and registration granted to...
June 28, 2014
I.Tax:
Allowability of deduction u/s 10A - AO rejected the claim for deduction u/s. 10B – alternative claim made by the assessee claiming deduction u/s 10A should be considered...
June 28, 2014
I.Tax:
Treatment of income earned from sub-letting of business service center – AO directed to treat the impugned receipts in both the assessment years under the head business income - AT
June 28, 2014
I.Tax:
Additional depreciation - whether embroidery work earned on embroidery machines is manufacturing activity or not - installation of embroidery machines - additional...
June 28, 2014
I.Tax:
Accrual of income - advance received before commencement of professional work – additions made simply on the belief that no client would give money to an Advocate unless...
June 27, 2014
S.Tax:
Waiver of penalty invoking section 80 - courier service - delayed payment of service tax with interest - penalty waived - AT
June 27, 2014
S.Tax:
Valuation - Steamer Agent’s Service - inclusion of various charges collected - Applicant could able to make out a prima facie case for total waiver of predeposit of the...
June 27, 2014
S.Tax:
Cargo Handling Services - Mining services - Although the transportation is one of the link of the contracts, but it does not constitute the essence of the contracts, and...
June 27, 2014
S.Tax:
Management, maintenance or repair service - appellant disclosed 30% of the consideration received, assuming that 70% of the consideration received to represent the value...
June 27, 2014
C.Ex.:
Duty demand - CENVAT Credit - Clandestine removal of SS Flats - As per best established legal principles, fraud and justice do not dwell together. Further fraud...
June 27, 2014
C.Ex.:
Applicants are putting Motorcycles and scooters to electrolyte and charge the battery of the two-wheeler - Prima facie this activity cannot be considered as manufacture...
June 27, 2014
C.Ex.:
Issue of reversal of credit arises only when the final product destroyed in fire - in this case the goods are in semi-finished condition lost in flood - appellants are...
June 27, 2014
Cus.:
Refund of SAD - the applicant mentioned in the sale invoice “ADC not passed on”. Prima facie, it appears that ADC (Additional Customs Duty) was not passed on to the customers. - AT
June 27, 2014
VAT:
Exemption from trade tax - Textile fabrics impregnated, coated covered or laminated with PVC (polyvinyl chloride) are treated as textile fabric. - HC
June 27, 2014
VAT:
Liability of VAT / tax - Whether the supply of foodstuff to the students is a business or not - ither a commercial activity nor a trade nor does it amount to “business“...
June 27, 2014
I.Tax:
Assessee has offered the gross amount on sale of land/ building/IT Park as revenue receipt for taxation purposes and there is no deduction of land cost from it, taxing...
June 27, 2014
I.Tax:
Computation made by the assessee for disallowance u/s 14A(2) was not in accordance with Rule 8D and the AO has duly noted it in the assessment order - action of AO sustained - AT
June 27, 2014
I.Tax:
Section 10A deduction is to be done u/s 28 to 44B but separately and independent of computation of profits and gains from eligible business and without factoring...
June 27, 2014
I.Tax:
Minimum alternate tax (MAT) - profit from sale of agricultural land, which is not a “Capital Asset”, cannot be included for the purpose of computing book profit u/s 115JB - AT
June 27, 2014
I.Tax:
Goodwill - assessee has got the additional share capital allotment without bringing anything to the assignee - the pre-requisite laid down in section 47(xiv) has not...
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: Validity Of Order passed u/s 73 - Denial of ITC with respect to the su...
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: LTCG - Receipt of additional amount towards TDR - treatment to receipt...
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: Validity of Assessment order u/s 147 r.w.s. 144B - Procedural Irregula...
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: Condonation of delay - substantial delay of 166 days before ITAT - The...
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: Condonation of delay - Delay in filling of an appeal before ITAT - The...
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: LTCG - Determination of Fair Market Value (FMV) - The Assessing Office...
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: Export of 2,000 MT of White Onion under Code 0703 10 19
C
: Ease of Doing Business: Text on Contract Note with respect to Fit and ...
H
: Rejection of application for registration u/s 12AA(1)(ac)(iii) r.w.s 8...
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: Estimation of income - bogus purchases - The Tribunal recognized the a...
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: Penalty u/s 270A - allegation of misreporting as per section 270A(9) -...
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: REFUND OF ITC ON EXPORT OF GOODS WITHOUT PAYMENT OF TAX – RULE 89(4) O...
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: FILING APPEAL AS PER THE DIRECTIONS OF HIGH COURT
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