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Highlights / Annotations / Catch Notes For June of 2015
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June
June 2015
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Showing 201 to 250 of 420 Records
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June 18, 2015
S.Tax:
Demand of service tax - appellant had service tax registration but did not receive the show cause notice, did not submit any reply to the show cause notice, did not even...
June 18, 2015
S.Tax:
Business Auxiliary Service - providing Short Message Peer to Peer (SMPP) - the SMS which is being sent to the client's subscriber is only on behalf of the client and...
June 18, 2015
C.Ex.:
Denial of refund claim - appellants had paid full duty on the motor spirit obtained by them for blending with ethanol -when there is no change in the price, it cannot be...
June 18, 2015
Cus.:
Import of software for Seismic purposes - the appellant has produced a certificate from duly authorised person - imported goods are required for petroleum operation -...
June 18, 2015
VAT:
Interest on refund claim - Doctrine of merger - compensatory measure - when the legislature is silent about entitlement of interest on refund of the tax amount already...
June 18, 2015
I.Tax:
Registration u/s 12AA cancelled - when the educational institution was run in a commercial manner by the so-called charitable institution, whether such a trust is...
June 18, 2015
I.Tax:
Registration u/s 12A - Notwithstanding the fact that the assessee is conferred registration under the provisions of Section 12A of the Act, unless the assessee falls...
June 18, 2015
I.Tax:
Profit on sale of equity shares - MAT calculation - The concept of indexation while computing the Long term capital gain cannot be imported to the computation of book...
June 18, 2015
I.Tax:
Disallowance of expenditure incurred by assessee for raising loan by treating the same as deferred revenue expenditure - right to claim deferred revenue expenditure is...
June 18, 2015
I.Tax:
Accrual of income - it has to be admitted that future interest cannot be taken as income. However, when assessee bundles it and sells it as a portfolio for a discount,...
June 18, 2015
I.Tax:
Disallowance of interest expenditure by invoking the provisions of section 14A - This is also subject to Section 80AB and 80A(1) and (2). Chapter VIA does not postulate...
June 18, 2015
I.Tax:
Which is the year of remission or cessation of liability - it is not open for the assessee to turn back and say that you accepted my lie for the preceding year/s and,...
June 17, 2015
S.Tax:
Penalty u/s 76 & 77 - taxes has been paid even before the issuance of show cause notice - penalty is imposable even in cases where tax is paid before issuance of show cause notice - HC
June 17, 2015
S.Tax:
Recovery of erroneous refund claim allowed earlier - Section 73(1) specifically lays down the procedure and time period within which Show Cause Notice must be issued for...
June 17, 2015
S.Tax:
Clearing and forwarding agent - Valuation - inclusion of actual expenses received by the appellant as per the contract, chargeable of service tax or otherwise - the...
June 17, 2015
C.Ex.:
Effective date of enhancement of duty - As the levy of excise duty on cigarette at enhanced rates, as contemplated in the amendments moved on 08.05.2012, is concerned,...
June 17, 2015
C.Ex.:
Refund claim - Interest on delayed refund - if the sanctioning authority is of view that the departmental attested copies of TR6 Challan are required, he could have...
June 17, 2015
Cus.:
Jurisdiction of Senior Intelligence Officer - Section 110 - Power to stop withdrawal from account of the petitioners because an investigation was being carried out by...
June 17, 2015
Cus.:
While remanding, appellate authority has no authority to direct the petitioner to pay EDD equivalent to 5% of the Assessable value since the entire issue has to be...
June 17, 2015
Cus.:
Denial of refund claim of SAD - amount not released despite favorable order - if no further appeal is filed, the third respondent is hereby directed to refund the SAD...
June 17, 2015
I.Tax:
Income from sale of carbon credits - Capital receipts vs Revenue receipts - No asset is generated in the course of business but it is generated due to environmental...
June 17, 2015
I.Tax:
Addition on account of expenses relating to marriage of the daughter of the assessee - C.I.T.(A) had accepted that the assessee had some past saving and jewellery &...
June 17, 2015
Indian Laws:
A decision, it is well settled, is an authority for what it decides and not what can logically be deduced therefrom. The distinction between a dicta and obiter is well...
June 17, 2015
I.Tax:
Revision u/s 263 - once the books of account are found to be unreliable and rejected resulting in estimation of profit, AO is not required to enquire or examine the...
June 17, 2015
I.Tax:
Reference to Valuation Officer to determine the fair market value - actual sale consideration shown in the sale deed cannot be disregarded unless and until the...
June 17, 2015
I.Tax:
Income from sale of Land - Capital Gain or business income – agriculture land - activity of the assessee of purchase and sale of the said land was not an adventure in...
June 16, 2015
S.Tax:
Application to move to the settlement Commission - petitioner had paid the tax liability - this is a fit case to find out whether they should be allowed to settle and...
June 16, 2015
S.Tax:
Appeal before Commissioner (Appeal) in Service Tax - Constitutional validity of proviso to Section 85(3) of the Finance Act, 1994 - limited powers to condone the delay...
June 16, 2015
S.Tax:
Rejection of appeal on ground of late filing - Received by the adjudicating officer in time, not by the appellate authority - the order passed by the second...
June 16, 2015
C.Ex.:
CENVAT credit - Penalty u/s 11AC - appellant had paid the duty alongwith interest as per the amount ascertained by CERA audit and requested to drop the show cause notice....
June 16, 2015
C.Ex.:
SSI Exemption - Use of third party trademarks - whether marks have to be treated as trade name or brand names belonging to other persons - Held Yes - AT
June 16, 2015
C.Ex.:
Denial of refund claim - input services - Commission paid to agents - services were utilised for export of goods or not - since there is no nexus with manufacturing,...
June 16, 2015
C.Ex.:
Denial of refund claim - refund was grated to another manufacturer who has lodged the protest - assessee did not lodged any protest - Bar of limitation - assessee cannot...
June 16, 2015
I.Tax:
Non deduction of TDS u/s 194C - Payment in pursuance of legal obligation, whether in the nature of contract - Held No - Not liable to TDS - AT
June 16, 2015
I.Tax:
Additions u/s41(1) - As the creditors have been paid in the subsequent years, it cannot be said that during the year under consideration, there was a cessation of...
June 16, 2015
I.Tax:
Penalty levied u/s 221(1) - the reason for non-payment of self assessment tax was that it was not having liquid funds and all its funds were locked in shares and...
June 16, 2015
I.Tax:
Bogus purchases - Additions u/s 69C - assessee has not provided PAN No. of the parties - This cannot be the sole reason for disbelieving the explanation of the...
June 16, 2015
I.Tax:
Deemed dividend u/s 2(22)(e) - if the lending of money constitutes substantial part of business of the company, then the loan given by the company to its share holders...
June 16, 2015
I.Tax:
Liability to deduct tds u/s 194H - commission or discount - sale of SIM cards / pre-paid talk time - What has been effected by way of these sale transactions is sale of...
June 16, 2015
I.Tax:
Computation of relief u/s 80 IC - Baddi Unit had transferred the goods to other units on cost basis - The separate books maintained have not been rejected - deduction allowed - AT
June 15, 2015
S.Tax:
Non deposit of amount collected as service tax - it is necessary to lead more evidences by the appellant to substantiate their claim that the amount which was collected...
June 15, 2015
S.Tax:
Health and fitness services - Meditation services - The argument that, Meditation does not induce any physical well-being is erroneous, inasmuch as that by undergoing...
June 15, 2015
I.Tax:
Fee for defaults in furnishing TDS statements / TDS returns - Levy of fees u/s 234E - in the absence of the enabling provision under section 200A, no such levy could...
June 15, 2015
C.Ex.:
Duty demand - Captive consumption - Whether the Transmission Assemblies captively consumed in the manufacture of tractors of Engine Displacement Capacity (EDC) below...
June 15, 2015
I.Tax:
Payment of 'license fees' and 'management services' - head office expenditure" - do not falls within the ambit and purview of section 44C and, accordingly, the nature of...
June 15, 2015
I.Tax:
Exemption u/s 80G(5)(vi) refused - Trustees appointed because they belonged to a particular organization - it is the prerogative of the assessee trust to choose its...
June 15, 2015
I.Tax:
Suppression of profit -project was not completed - Once the income is not assessable, the question of determination of quantum of income from the said project is only academic - AT
June 15, 2015
I.Tax:
TDS liability u/s 195 - Payment towards "Arranger's fee" - activity of arranging of a loan - it cannot be termed as managerial or consultancy services within the...
June 15, 2015
I.Tax:
Transfer pricing adjustment - whether the transactions between the head office in India and branch office in Canada can be considered as international transactions, even...
June 15, 2015
I.Tax:
Eligibility for deduction u/s 80-IB(10) - additional income - there is no dispute that the assessee had made a claim of deduction 80-IB(10) and the question is only...
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: Money Laundering - scheduled offences - predicate offence - The High C...
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: Non-payment of service tax - aviation services - The Tribunal acknowle...
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: Exemption from Service Tax - Road construction services in private com...
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: Refund of Cenvat credit availed on Education Cess and Higher Secondary...
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