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Highlights / Annotations / Catch Notes For June of 2016
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June
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Showing 51 to 100 of 485 Records
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June 28, 2016
C.Ex.:
Refund claim on courier service used for export of goods - objection is only that in the invoices issued by the courier agency service, export invoice number & IEC code...
June 28, 2016
C.Ex.:
Cenvat Credit - allegation of non receipt of inputs - as per newspaper the owner of vehicles had transported the goods used fake vehicle registration number and a drive...
June 28, 2016
C.Ex.:
Remission of duty - destruction of indigenous / imported raw material due to fire - If the duty element is also required to be insured and reimbursed by the insurance...
June 28, 2016
I.Tax:
The principles of res judicata have no application to income-tax assessment proceedings - Simply because in the preceding year, this expenditure came to be allowed...
June 28, 2016
C.Ex.:
Common registration and return for First Stage Dealer and Importer - An assessee who conducts business both as an importer and FSD may take only one central excise...
June 28, 2016
I.Tax:
Clarifications on the Income Declaration Scheme, 2016 - Another set of clarification and FAQs
June 28, 2016
I.Tax:
Relaxation from TDS @20% where PAN is not available and from payment made to non-resident, not being a company, or a foreign company, subject to conditions and providing...
June 28, 2016
I.Tax:
Disallowance of stamp duty expenses - The payment of stamp duty is not for business expediency but it is in the nature of a compulsory levy under the Bombay Stamp Act....
June 28, 2016
I.Tax:
Business loss cannot be set off against the income assessed under the deeming provisions of section 68, which is not falling under any of the five heads of income - AT
June 28, 2016
I.Tax:
Business loss cannot be set off against the income assessed under the deeming provisions of section 68, which is not falling under any of the five heads of income - AT
June 28, 2016
I.Tax:
As the international transactions of payment of royalty and fees for technical services are separate transactions and not closely linked with the other transactions with...
June 27, 2016
Cus.:
Import of certain sophisticated machines for the Hospital and installation thereof - In this case, notification was rescinded on 01.03.1994. The authorities are not...
June 27, 2016
S.Tax:
Cenvat credit on the CHA service and outward freight paid on export clearances - manufacture of water pumps - there is no merit in Revenue's contention that the...
June 27, 2016
S.Tax:
Cenvat Credit - The inclusive part of the definition includes services related to modernisation, renovation and repair of factory. These works in my opinion would fall...
June 27, 2016
S.Tax:
Business Auxiliary service (BAS) - activity of toll collection in terms of agreement between the respondents and NHAI is not subject to service tax - AT
June 27, 2016
C.Ex.:
Revocation of the registration of Central Excise - detection of fraud - A right was accrued with registration in favour of the assessee. If common registration was to be...
June 27, 2016
C.Ex.:
Condonation of delay in filing an appeal before the tribunal - In absence of service of copy of the order in the manner prescribed under section 37C(1) of the Act, delay...
June 27, 2016
C.Ex.:
Revision Application relates to refund of unutilized credit under Rule 5 of Cenvat Credit Rules 2004, the subject matter is not covered in the first proviso to...
June 27, 2016
C.Ex.:
100% EOU - clearance goods into Domestic Tariff Area (DTA) in excess of 50% of FOB value of exports - DTA clearances permitted by the Development Commissioner by itself...
June 27, 2016
C.Ex.:
Excisability of Spent Earth arising as a residue in the process of refining crude palm oil - Marketability of the goods - Scopeo of Section 2(d) as well as in Section...
June 27, 2016
I.Tax:
Reopening of assessment - provision for damaged goods - full accounts, details and justifications for the claim was placed before AO in response to written query raised...
June 27, 2016
I.Tax:
Depreciation on moulds -Factory of the assessee was plastic goods factory. The moulds used for manufacturing such goods, therefore, qualify for higher rate of depreciation - HC
June 27, 2016
I.Tax:
Deduction u/s 43B - non payment of excise duty in cash - actual payment - adjustment of refund from Central Excise and Customs - The claim would not be hit by section...
June 27, 2016
I.Tax:
Reopening of assessment - higher stamp valuation - when the sale deed was not on record during the original assessment, this certainly is a case where the assessee...
June 27, 2016
I.Tax:
Undisclosed investment - Addition on the basis of documents (MoU) seized during the course of search / survey - sale deeds for lands covered by MoUs had not been...
June 27, 2016
I.Tax:
Eligibility of benefit of registration u/s 12A - normal schooling - pre-schooling is very much integral part of the term ‘education’ as has been envisaged u/s 2(15) -...
June 27, 2016
I.Tax:
Rental income from letting out the commercial complex, including the amenities - 75% of the rental income has to be assessed as income from house property and the...
June 27, 2016
I.Tax:
The assessee invested its funds in the equity shares of a company incorporated outside India. The third proviso to Section 10(23C) clearly says that the assessee cannot...
June 27, 2016
I.Tax:
The ‘upfront fee’ paid to Central Bank of India on loan taken from it is allowable as a deduction from the assessee’s income. - AT
June 27, 2016
I.Tax:
Penalty u/s.271(1)(c) - declaration of income recorded u/s.132(4) - It is the settled position of law that penalty proceedings and assessment proceedings are separate...
June 27, 2016
I.Tax:
Reopening of assessment - Revenue has received cogent tangible material having live link/nexus with the reasons to believe that the income has escaped assessment, the...
June 25, 2016
Cus.:
Increase in All Industry Rates (AIR) of Duty Drawback on gold jewellery and silver jewellery/articles - Circular
June 25, 2016
C.Ex.:
Demand of duty based on statement recorded u/s 14 of the Central Excise Act, 1944 - flagrant violation of Section 9D by relying upon statements without admitting them in...
June 25, 2016
Cus.:
Recovery of redemption fine from the petitioner - petitioner was not party to the SCN - In absence of any proposal in the show cause notice for imposition of fine in...
June 25, 2016
Cus.:
Claim of refund of export duty paid where goods could not be exported - Period of limitation - even though on payment of export duty, the Let Export Order (LEO) was...
June 25, 2016
Cus.:
Claim of interest on delayed refund of additional duty of customs - Held that:- the notification flowing from the law gets its colour as legislation - AT
June 25, 2016
VAT:
Demand of Sales Tax / VAT - contract with ONGC for the commission of turnkey projects at Bombay High which is situated in exclusive economic zone of the coast of India -...
June 25, 2016
VAT:
Challenge to the revised assessment orders pursuant to Audit Inspection - the specific request made by the petitioner for an opportunity of personal hearing, has not...
June 25, 2016
VAT:
Input tax credit - TNVAT - non-filing of return by the selling dealer - The liability had to be fastened on the selling dealer and not on the petitioner-dealer which had...
June 25, 2016
VAT:
Challenge to the show cause notice demanding VAT on sale of STB (set-top boxes) - KVAT - No demand notice nor any coercive steps has been initiated pursuant to the...
June 25, 2016
I.Tax:
Failure to collect tax at source (TCS) u/s on the sales - whether the material is scrap or not - assessee failed to collect TCS @ 1% - Since taxes have already been paid...
June 25, 2016
I.Tax:
Low net profit ratio - AO has not pointed out any defect or deficiency in the claim of expenditure nor any expenditure has been held as bogus by the AO. AO asked...
June 25, 2016
I.Tax:
Reopening of assessment - The conclusion of the A.O. is unhelpful in understanding as to whether the AO applied his mind to the material, particularly when he did not...
June 25, 2016
I.Tax:
Excess claim u/s 80-IB made by the assessee was on the basis of the bonafide mistake of the Auditor and the assessee cannot be held for furnishing inaccurate particulars...
June 25, 2016
I.Tax:
Rectification of mistake - non-consideration of a judgment of a jurisdictional High Court is also a mistake apparent on record, which can be rectified u/s. 154 of the Act. - AT
June 24, 2016
I.Tax:
Applicability of TCS where the bill amount is exceeding ₹ 2 lakhs and when part of the bill is paid in cash and part through cheque - CBDT clarifies
June 24, 2016
C.Ex.:
Payment of duty excise under wring accounting code - rectification of error - Assistant Commissioner of Central Excise conveyed to the petitioner that the error in...
June 24, 2016
S.Tax:
Taxability of Grants-in-Aid Projects (GAP) - Scientific and Technical Consultancy Services - The sanction of grants are seen issued for and behalf of the President of...
June 24, 2016
S.Tax:
Man power supply service - asessee was paying service tax on the commission received at the rate of 3% of the wages and man power supplied by them to their customers -...
June 24, 2016
S.Tax:
As the appellants are located in New Delhi the cause of action to demand of service tax has arisen in New Delhi. In the circumstances although the Commissioner of...
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: Acceptance of Electronic Certificate of Origin (e-CoO) issued by the i...
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: Levy of penalty @200% - e-way bill which was generated by the appellan...
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: Eligibility for Input Tax Credit - Failure to report outward supply - ...
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: Seeking cancellation of the GST registration - The case involved a pet...
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: Reference to Departmental valuation officer [DVO] without first reject...
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: Validity of reopening of assessment - Validity of grant the approval b...
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: Validity of reopening of assessment - Petitioner received another noti...
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: Penalty levied u/s 271(1)(c) - Transfer pricing adjustment - assessee ...
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: Disallowance of commission paid to foreign agents - The Tribunal uphel...
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: Penalty u/s. 271(1)(c) - Referring to a precedent set by the Hon’ble S...
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: Deduction u/s 80IA(4) - Disallowance of project facility expenses - Re...
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: LTCG - deduction u/s 54 denied - Despite the assessees claim of having...
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