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Highlights / Annotations / Catch Notes For July of 2013
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July
July 2013
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Showing 101 to 150 of 430 Records
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July 24, 2013
C.Ex.:
Clandestine Removal of goods - Revenue cannot build its case based upon the theoretical percentage calculation of waste generated, without production of any evidence to...
July 24, 2013
S.Tax:
CENVAT credit - input services or repair and maintenance - Assessee provided immovable property on rent - part of premises was rented out - proportionate credit allowed - AT
July 24, 2013
Cus.:
Imposition of interest – Settlement Commission directed to pay interest under Rule 8 of the Customs (Import of Goods at Concessional Rate of Duty for Manufacture of...
July 24, 2013
I.Tax:
Deduction u/s 80I - Service charge - Ownership is not necessary - The only thing that has to be seen is whether the source of the profit or gains is an industrial undertaking - HC
July 24, 2013
I.Tax:
Deduction u/s 80M - Dividend received from UTI - CIT(A) rejected deduction u/s 80M as dividend distribution was related to earlier years - Tribunal granted deduction -...
July 24, 2013
I.Tax:
Penalty u/s 271(1)(c) - merely because the assessee agreed for addition and accordingly assessment order was passed on the basis of this addition and when the assessee...
July 24, 2013
I.Tax:
Nature of expenses – capital or revenue - improvement towards furniture in the renting premises - tenancy rights - claim of 1/5 of the expenditure every year- Tribunal...
July 24, 2013
I.Tax:
Penalty levied under Section 271(1)(c) – merely because the assessee did not file the appeal against the assessment order, it cannot be presumed that there was any...
July 24, 2013
I.Tax:
Cessation of liability u/s. 41(1) of the I.T. Act - The transfer of amount from one account to another which ultimately remained with the firm is not a cessation of...
July 24, 2013
I.Tax:
Reassessment - On the basis of the details of Civil Suit, the AO reopened the assessment proceedings - AO failed to bring any discussion on record as to how he had...
July 24, 2013
Co.Law:
Regulating provisions for unlisted shares - Whether the shares of a public company which is an unlisted company on being transferred would attract the provisions of SCR...
July 23, 2013
C.Ex.:
Interest on reversal of cenvat credit - Assessee had not taken or utilized the Credit but only availed wrong credit in their account books and on pointing out the...
July 23, 2013
C.Ex.:
Cenvat Credit - removal of inputs from DTA to SEZ without reversing credit - For the purpose of accounting the goods on which Cenvat credit is taken, CCR has to be...
July 23, 2013
C.Ex.:
Area Based exemption - Notification No. 56/2002 CE dated 14.11.02 - When the entries were corrected in the Cenvat credit account and the differential amount was paid...
July 23, 2013
C.Ex.:
Cenvat Credit - input received from First Stage dealer - It is sufficient if the assessee buys the goods from first stage dealer whose status he has checked and...
July 23, 2013
S.Tax:
Refund claim – Section 26(e) of SEZ Act r.w. Rule 31 of SEZ Rule - Notification 9/2009 prescribes certain conditions to be fulfilled for claiming the refund - there was...
July 23, 2013
S.Tax:
Leviability of service tax – whether buffer stock subsidy would be leviable to service tax – the sugar factories are storing the sugar for themselves thus there cannot...
July 23, 2013
Cus.:
Duty Drawback demanded – assessee mentioned the word supplier rather clearly stating the trader. As such they concealed this vital information from the department with...
July 23, 2013
Cus.:
Refund of duty with interest – Board's circular dated 3 June 1998 clarifies that the refund not to be withheld on the ground that an appeal is filed against the order...
July 23, 2013
I.Tax:
Jurisdiction of authority - Advance ruling - The proposed question framed by the Authority for determination can only relate to the tax liability of the applicant and it...
July 23, 2013
I.Tax:
Revision u/s 263 - the period of limitation provided for under sub-section (2) of section 263 of the Act would begin to run from the date of the order of assessment and...
July 23, 2013
I.Tax:
Jurisdiction of BIFR - Scaling down of interest - In the case of Section 32 SICA, the specific exclusion of two enactments, and the express reference to Section 72A of...
July 23, 2013
I.Tax:
Registration u/s 12A - Charitable purpose - It cannot be said that a purpose would cease to be charitable even if pubic welfare is intended to be served. - HC
July 23, 2013
I.Tax:
Since the purported objective of the amendments introduced in Chapter XIX-A by the 2007 Act is to streamline the proceedings before the Settlement Commission and to...
July 23, 2013
I.Tax:
Interest on minor's income - power conferred under Section 64(1A) to club the minors income with income of the parent whose income is greater is legal and does not...
July 23, 2013
I.Tax:
Remuneration to partners - Deduction u/s 40(b) - whole income embedded in P & L account of assessee is to be taken into consideration for allowing deduction of...
July 23, 2013
I.Tax:
Exemption u/s 11 - profit motive - whether the assessee is entitled to the exemption under section 11 of the Act - The Tribunal appears to have misdirected itself and...
July 23, 2013
I.Tax:
Addition u/s 40A(3) - Cash payment - In the absence of an element of sale in the transaction between the society and the assessee the contention of the assessee that the...
July 23, 2013
I.Tax:
Disallowance on commission paid – genuineness - None would leave hard earned money, for their day-to-day needs if actual services have been rendered by the said persons....
July 23, 2013
VAT:
When the assessee claims that high sea sales were effected in favour of three parties, with no appropriation definitely made on the bulk quantity imported, we do not...
July 23, 2013
Co.Law:
Court has to ensure that the scheme of arrangement was not a camouflage for a purpose other than the ostensible reasons U/s 391 whilst approving the scheme the Company...
July 22, 2013
C.Ex.:
Clandestine removal – Any suspicion whosoever cannot take the place of evidence regarding clandestine removal of excisable goods. Moreover, after having positive...
July 22, 2013
C.Ex.:
SSI Exemption - Determination of turnover - manufacturing of D. G. Sets - whether Installation and commissioning is a different activity and shall not form part of...
July 22, 2013
C.Ex.:
Cenvat Credit - The entire amount of duty paid by the manufacturer, as shown in the invoice would be available as credit irrespective of the fact that subsequent to...
July 22, 2013
C.Ex.:
Extended period of limitation - where there are decisions in favour of the assessee during the relevant period or there are contrary decisions or the matters are...
July 22, 2013
C.Ex.:
Refund of service tax - export - Notification No. 41/2007-ST is in the alternative i.e. the exporter can either choose to avail the credit or to seek refund of the same....
July 22, 2013
S.Tax:
Interest on refund - Service liability under protest - interest is liable to be paid, wherever any refund is due or ordered and remains unpaid for 3 months from the...
July 22, 2013
S.Tax:
Nature of service – Market Research Agency Service u/s 65(69) - they were working merely as a commission Agent and their activities fall under Business Auxiliary Service - AT
July 22, 2013
I.Tax:
Curtailing of time to pay recovery amount - section 220 - Mere discussion in a meeting of several high ranking tax officers chalking out certain action plan for timely...
July 22, 2013
I.Tax:
Exemption u/s 10(38) - If the share holder chooses to transfer the lands and part with the land to the purchaser of the shares, it would be a valid legal transaction in...
July 22, 2013
I.Tax:
Validity of statement made during survey u/s 133A - When cash was admittedly found in possession of the employee of the assessee, it cannot be stated that additions were...
July 22, 2013
I.Tax:
Classification of Income - Business income or income from other sources - the purpose of construction of the commercial complex and the sale of shops was done with the...
July 22, 2013
I.Tax:
Nature of income - Income from house property or business income - The assessee had not rented out property but had allowed its use thereof for the purpose of joint...
July 22, 2013
I.Tax:
Payment to contractors and sub-contractors - TDS u/s 194C - vital requirement of relationship of a contractor and sub-contractor between the assessee and the...
July 22, 2013
I.Tax:
Reopening of the assessment u/s 147 – failure to take steps u/s 143(3) will not render the Assessing Officer powerless to initiate reassessment proceedings even when...
July 22, 2013
Wealth-tax:
Valuation of land - It is only if any condition under Rule 8 is satisfied, that the assessing authority could have referred to and determine the value under Rule 20 - AT
July 20, 2013
Indian Laws:
Audit report - Disciplinary proceedings against Chartered Accountant (CA) - CA acted in a grossly negligent manner and failed to obtain sufficient information to warrant...
July 20, 2013
I.Tax:
Disallowance - excess consumption of Tendu leaves - AO's addition 1/3rd, was found to be reasonable - HC
July 20, 2013
I.Tax:
Cash credit - Whether Section 68 of the Act applies only to cash credit - In the body of the Section, the word used is either found credited or so credited, there is no...
July 20, 2013
I.Tax:
Whether grant-in-aid received by the assessee is an incentive for conducting research so as to be treated as capital receipt and not as revenue receipt - Held yes - HC
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Refer to your friend
Black Money .... Act, 2015
Black Money .... Rules, 2015
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