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TDS u/s 194H - Higher rate of TDS @20% in absence...
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Rectification u/s 154 - The Assessee argued that...
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Penalty for Non-filing of monthly return - Seeking...
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Highlights / Annotations / Catch Notes For July of 2013
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Showing 1 to 50 of 430 Records
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July 31, 2013
C.Ex.:
Section 11BB - liability to pay interest on delayed refunds starts on expiry of three months from the date application for refund is filed or in cases covered by the...
July 31, 2013
C.Ex.:
CENVAT credit on capital goods - Underground Telephone Cable falling under Sub Heading No.8544.90 - credit allowed - HC
July 31, 2013
C.Ex.:
When there are different views on the very same issue, there is convention, that stay on pre deposits needs to be granted if facts are akin, and the facts in this case,...
July 31, 2013
C.Ex.:
Bogus TR-6 challans – Since in the case of default covered by Rule 8(3) even if involving fraud, neither any Show Cause Notice u/s 11A(1) is required to be issued, nor...
July 31, 2013
S.Tax:
Gross value of taxable services - the mere act of reimbursement, per se, would not justify the contention of the Revenue that the same, having the character of the...
July 31, 2013
S.Tax:
Service tax - Consulting Engineer's Service - appellant is only a matriculate and does not hold any professional degree in Engineering, recognized by law. - Therefore,...
July 31, 2013
S.Tax:
Rate of service tax - 5% or 8% - The respondent has rightly paid the service tax as applicable on the date of providing the service - AT
July 31, 2013
Cus.:
Interest on delayed refund - In the absence of any definition of expression 'relevant date' u/s 27 as it was found in the Central Excise enactment – assessee was not...
July 31, 2013
Cus.:
Import of restricted goods without a licence - Waste pneumatic tyres - Pollution Control Board to determined goods to be not hazardous - report could not be accepted as...
July 31, 2013
I.Tax:
Tax payment u/s 115JA - Minimum Alternate Tax (MAT) - Whether the Assessing Officer could have made prima facie adjustment and held that minimum alternative tax under...
July 31, 2013
I.Tax:
Jurisdiction of Authority for Advance Ruling - Refusal to give ruling on final hearing - Whether there was any contravention of SEBI guidelines - Authority is not...
July 31, 2013
I.Tax:
Peak credit - unaccounted transactions - ITAT has ignored relevant and material facts and has gone on a tangent without examining the real issue and the controversy, i....
July 31, 2013
I.Tax:
Deduction u/s 37(1) - Nature of payment - Whether shaman shulk paid to Excise Department is penal in nature - The amount cannot be treated to be penalty, which can be disallowed - HC
July 31, 2013
I.Tax:
Business expenditure u/s 37(1) - Encashment of bank guarantee - compensation for non performance - whether in the nature of penalty - It can be said to be compensatory...
July 31, 2013
I.Tax:
Block assessment - where the AO in repudiation of the return filed u/s 158BC proceeds to make an enquiry he has to necessarily follow the provisions of section 142,...
July 31, 2013
I.Tax:
Reopening of assessment u/s 147 - merely because the AO finds the proof submitted by the assessee at the time of assessment proceedings to be not sufficient for the...
July 31, 2013
I.Tax:
Undisclosed income - Block assessment - If the Revenue Department had failed to take appropriate measures then the assessee is at liberty to take the legal advantage of...
July 31, 2013
VAT:
Law is well settled that the AO has to apply his own mind for making the assessment on the basis of the books of account maintained and any material in his possession...
July 30, 2013
C.Ex.:
Head office not registered as Input Service Distributor – Invoices issued by Service Provider in the name of Head Office registered in Delhi – There is no dispute about...
July 30, 2013
C.Ex.:
If the expert bodies, judicial as well as quasi judicial, have interpreted the law in favour of the assessee, the assessee cannot be held guilty of any suppression or...
July 30, 2013
S.Tax:
Export of services are to be determined strictly with reference to provisions of the 2005 Rules and not by any subjective assumption of what constitute export - AT
July 30, 2013
S.Tax:
The activity of private placement of shares which have not been listed in any recognized stock exchange - The activity comes under the category of Merchant Banking activity - AT
July 30, 2013
S.Tax:
Appellant was obliged to discharge property tax, water and electricity tariff etc. on behalf of the flat owners and the appellant has undertaken these activity in the...
July 30, 2013
Cus.:
Interest on delayed refund – it was a mistake on the part of the Commissioner of Customs that he passed an incorrect or illegal adjudicatory order. Pursuant to the...
July 30, 2013
Cus.:
Challenge to the Show Cause Notice - Classification of the imported coal as steam coal or as bituminous coal - the court would not encourage litigation at the stage of...
July 30, 2013
Cus.:
The 'relevant date' is defined in Section 28(3) of the Customs Act as the date on which the proper officer makes an order for the clearance of the goods or in any other...
July 30, 2013
I.Tax:
Penalty u/s 271(1)(c) - it was admitted by the Department that the information came from the assessee without any suggestion or detection from the Department - no penalty - AT
July 30, 2013
I.Tax:
Deduction u/s 10(23C)(iv) and 11 - Property purchased in name of individual - It is not a case of diversion of funds for purchasing the property for the benefit of the director. - HC
July 30, 2013
I.Tax:
Benefit u/s 11 an 12 - Loan given to society not registered u/s 12AA - Where both the societies have similar objects and are registered under Section 12AA and have...
July 30, 2013
I.Tax:
Benefit u/s 42 - business for prospecting, etc., for mineral oil - no legal right on the basis of the letters accrues/arises - no statement or promise that advantage u/s...
July 30, 2013
I.Tax:
Whether the power subsidy received by the assesse is taxable as a revenue receipt in the computation of the income - the amount of power subsidy/rebate is certainly a...
July 30, 2013
I.Tax:
Notice u/s 153C - It is not open for the petitioner to contend before the writ court that the exercise of power, which admittedly exists in the authority, will expose...
July 30, 2013
I.Tax:
Eligibility for exemption u/s 10(23C) (iiiab) - The assessee is not entitled for exemption either u/s 11 or u/s 10(23C) in case it collected any money by whatever name...
July 30, 2013
I.Tax:
Sale proceeds of ornaments - It is reiterated that the mother of the assesee was got married about 70 year ago and the ornaments sold were out of her 'Streedhan'. - AO...
July 30, 2013
VAT:
Interception of the vehicle and the goods seized in the course of transit from outside the State - the goods need not be detained till the adjudication proceedings are...
July 29, 2013
C.Ex.:
Rule 6 of the Cenvat Credit Rules,2004 – Clearance of goods to SEZ - The substituted sub-rule 6(6Xi) is enforced from the date the 2004-Rules came into force - AT
July 29, 2013
C.Ex.:
Input service - Credit on service tax paid - When the definition specifically includes services relating to setting up of factory, credit on such services cannot be...
July 29, 2013
C.Ex.:
Cenvat Credit on Input - Direct dispatch of material to Job Worker's premises -Rule 4(5)(a) that the appellant is eligible to avail cenvat credit on the receipts of...
July 29, 2013
S.Tax:
Condonation of delay application - The COD application does not advert to any insuperable personal circumstances of the C.A., which is desalted processing of the appeal...
July 29, 2013
S.Tax:
Cenvat credit - Input service - insurance premium paid on turnkey contracts to the extent of cost of material procured from the open market - credit denied - AT
July 29, 2013
S.Tax:
Classification of service - just because the storage period of free sale sugar had to be extended at the behest of Government of India - neither the sugar mills becomes...
July 29, 2013
Cus.:
Provisional relaease - it is but necessary that all relevant facts having a bearing on the determination of value even for the purposes of provisional assessment should...
July 29, 2013
Cus.:
Classification of goods - Duty Drawback – General Rules for Interpretation of the First Schedule to the Customs Tariff Act - mutatis mutandis apply for classifying the...
July 29, 2013
I.Tax:
Validity of notice u/s 158BD - Valid satisfaction - vital and mandatory requirement of recording the satisfaction under section 158BD were absent while issuing notice - HC
July 29, 2013
I.Tax:
Application of Section 41(1) - Interest free unsecured loan from Government - onversion of the capital of one amount to another amount. - there is no provision in the...
July 29, 2013
I.Tax:
Deduction for TDS u/s 194LA on Compensation u/s 28 of Land acquisition Act - compensation being the value of agricultural land, the exclusion as provided shall be...
July 29, 2013
I.Tax:
Revision u/s 264 - CIT passed non interference order - onduct of the petitioner in respect of the entire proceedings does not entitle the petitioner to have any interim...
July 29, 2013
I.Tax:
Penalty u/s 271D and 271E - the amounts were treated as booking advance and therefore, taxed as undisclosed income - same would thereafter not bear the character of loan...
July 29, 2013
I.Tax:
Compounding of offences u/s 276CC – it is for the assessee to show sufficient cause or reason to support his request for the compounding of the offence - HC
July 29, 2013
I.Tax:
Penalty u/s 271(1)(c) - Mere admission of an appeal by the High Court cannot without there being anything further, be an indication that the issue is debatable one so...
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: Sec 16(4) Reversal of ITC when 3B is filed belatedly
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: sales Against 0.1% GST- if export not done within 90 Days
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: Validity of Service of notice u/s 74(5) instead of u/s 74(1) of CGST /...
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: Levy of penalty - the e-way bill had expired one hour fifteen minutes ...
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: Ex-parte order - Quantification of Liability - intention of evade GST ...
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: Calculation of Tax Liability based on subsequent years Balance Sheet -...
C
: Limits for investment in debt and sale of Credit Default Swaps by Fore...
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: Validity of assessment orders - The High court examined the timeline o...
H
: Levy of penalty u/s 271(1)(c) - The Tribunal found no justification fo...
H
: Penalty proceedings u/s 270A - under reporting of the income - The Tri...
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A
: WRONG FIXATION OF FEES PAYABLE TO INTERIM RESOLUTION PROFESSIONAL
A
: MANNER OF FILING APPEAL BY COMMISSIONER
A
: Recovery proceedings not to be initiated against the former director o...
H
: Penalty proceedings u/s. 271(1)(b) - non-compliance with the 3 notices...
H
: Validity of reopening of assessment u/s 147 - Reason to believe - Addi...
H
: Rejecting registration u/s 12A(1)(ac)(iii) - name mismatch between the...
H
: Denial of benefit u/s 115BAA of reduced rate of tax @22% - Domestic Co...
H
: Prohibition of Benami Transactions - Provisional attachment order was ...
H
: Maintainability of Appeal - Appropriate forum - matter relates to the ...
H
: Seeking amendment of bill of entry - The High Court acknowledged the o...
H
: Request for conversion of free Shipping Bills into Drawback Shipping B...
A
: A simplified GST guide designed for commission agents and brokers.
A
: Delhi HC issued notice to decide on the taxability of providing corpor...
A
: WAIVER OF INTREST UNDER SECTION 234A, 234B AND 234C OF INCOME TAX ACT, 1961
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