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Highlights / Annotations / Catch Notes For July of 2013
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Showing 151 to 200 of 430 Records
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July 20, 2013
I.Tax:
Exemption u/s 10(23c)(iii)(ad) - Meaning of term aggregate annual receipt - the finding recorded by the Tribunal that aggregate annual receipt of other educational...
July 20, 2013
I.Tax:
Status of society - Artificial Juridical Person (AJP) or Association of persons (AOP) - Once a body/society is incorporated under a statute, it becomes juridical person - HC
July 20, 2013
I.Tax:
Non inclusion of VAT in the closing stock - there is no impact on the profit or loss on account of non inclusion of VAT in the value of closing stock - addition made by...
July 20, 2013
I.Tax:
Cost of acquisition - the ownership right sold by the assessee is having nil cost of acquisition. - this argument of the assessee that there will be no capital gain...
July 20, 2013
I.Tax:
Claim of deduction u/s 10B - Non export of 100% of turnover - the objection of the AO that some part of sale was affected in domestic area does not disentitle the...
July 20, 2013
C.Ex.:
Penalty - fist stage dealer / second stage dealer - Since appellants have not received the goods from manufacturers, it was their duty not to pass on the credit to the...
July 20, 2013
C.Ex.:
Cenvat Credit - transportation of cement used for repair/ renovation within the mines is very much under this definition of input services - Cenvat credit in respect of...
July 20, 2013
C.Ex.:
Merchant Overtime charges (MOT Charges) - there is no case for MOT charges in respect of service provided by Central Excise officers during the normal working hours - AT
July 20, 2013
C.Ex.:
Cenvat credit - Once a High Court declares a law, whether the Revenue accepts the same or not, the same is binding on the Revenue authorities unless the same is...
July 20, 2013
S.Tax:
Club Membership - Section 65(25a), Section 65(105) (zzze) and Section 66 as incorporated / amended to the extent that the said provisions purport to levy service tax in...
July 20, 2013
S.Tax:
Refund claim - Notification No.17/2009 - it is clear that receipt submitted by the courier agency does not content the details as required under the notification -...
July 20, 2013
S.Tax:
Penalty u/s 76, 77 and 78 - It is not their case that they have paid tax and interest on their own - provision of Section 73(3) are not applicable when ingredients of...
July 20, 2013
S.Tax:
Installation of plant, machinery or equipment was covered in the definition from the very beginning and it is very difficult to distinguish that heating system,...
July 20, 2013
FEMA:
FDI - foreign investment - Lifting of Corporate Veil - in a given situation the authorities functioning under FERA find that there are attempts to over-reach the...
July 20, 2013
FEMA:
FDI - foreign investment - the purpose for which the company had sought for foreign collaboration was not for trading in gold coins either for export or domestic...
July 20, 2013
VAT:
Valuation - turnover for the purpose of VAT - Inclusion of excise duty in invoice amount - Assessee not collected excise amount from customers - no addition - HC
July 20, 2013
VAT:
Application for grant of Form-C rejected - prescribed authority is the authority in the state of Rajasthan where the petitioner had bought the goods - No authorities is...
July 19, 2013
C.Ex.:
The question of charging of interest for the period of delay in paying the same to Government would be governed by Section 11DD only which came into effect from...
July 19, 2013
C.Ex.:
Stay Application – Export under bond - conditions and procedures - export of exempted / non excisable goods - Having regard to the fact that ultimately the goods removed...
July 19, 2013
C.Ex.:
Penalty under Rule 15(4) of Cenvat Credit Rules, 2004 - Appellant taken Cenvat credit in respect of certain input services, which according to the Department was not...
July 19, 2013
C.Ex.:
Manufacturing of Windmill doors - The notification No.3/2001-CE & No.6/2002-CE provides exemption from payment of Central Excise duty in respect of wind operated...
July 19, 2013
S.Tax:
Refund of cenvat credit - Rule 5 of CCR - Period of limitation of one year - In case of export of Services export is complete only when foreign exchange is received in...
July 19, 2013
S.Tax:
Penalty - Relief u/s 73(3) - Order clearly states that Show Cause Notice ought to have been issued after tax has been paid with interest - interest on delayed payment...
July 19, 2013
S.Tax:
Penalty - Waiver of penalty u/s 80 - liability of service tax and a penalty u/s 78 - no force in the contention of the appellant that the penalty should not be levied...
July 19, 2013
I.Tax:
Penalty u/s 271E - Advances repaid by assessee - Contravention of Section 269T - Whether the Appellate Tribunal has substantially erred in holding that advances against...
July 19, 2013
I.Tax:
Exemption u/s 10(23c)(iiiad) - Tribunal held that so long as exemption order stands, which is available under Section 10 (23c) (iii ad) the question as to how amount was...
July 19, 2013
I.Tax:
Revision of Assessment order u/s 263 - An order is not erroneous, unless the CIT hold and records reasons why it is erroneous - An order will not become erroneous...
July 19, 2013
I.Tax:
Penalty u/s 271(1)(c) - One has to see whether the attitude of the assessee in obtaining only the bills and not the materials/goods would amount to concealment of...
July 19, 2013
I.Tax:
Reopening of assessment - the Department did not take steps to revise the order passed u/s 144A by invoking the provisions of section 263, the notice u/s 148 issued...
July 19, 2013
I.Tax:
Reopening of assessment - earlier CIT (Appeals) has quashed the notice - there is no bar against reopening the assessment once again on the same grounds after following...
July 19, 2013
I.Tax:
It is a well-settled principle of statutory interpretation of a taxing statute that a subject will be liable to tax and will be entitled to exemption from tax according...
July 19, 2013
I.Tax:
Addition made u/s. 69A - blank signed cheques were found during survey - blank cheques cannot be considered as money/ bullion/ jewellery other available articles and...
July 19, 2013
I.Tax:
Deprecation - While claiming the depreciation allowance, the assessee has offered the principal portion of the lease rental also for taxation - Otherwise, it was...
July 19, 2013
VAT:
Works contract - interstate movement of goods - local sale or CST - As the sale is already effected and as the manufacture of the lift at Ghaziabad is only in pursuance...
July 18, 2013
S.Tax:
Order u/s 73C - Provisional attachment to protect revenue in certain cases. - Order passed under section 73C of the Finance Act, 1994 is not appealable to this Tribunal - AT
July 18, 2013
I.Tax:
Exemption u/s 10(23C)(iv) - even though the aims and objects of the society may contain several objects but if it has been proved by material on record that the society...
July 18, 2013
I.Tax:
Capital gain - AO has interfered without any evidence that possession of factory land was given to assessee in the subject assessment year on the basis that construction...
July 18, 2013
I.Tax:
Notice of re-assessment - If a claim is scrutinized by the Assessing Officer during assessment, it means he was convinced about the validity of the claim. His formation...
July 18, 2013
I.Tax:
Deduction u/s 80G - Exemption also granted u/s 10A - Double deduction - the debiting of donation in the first instance and adding it back subsequently makes no...
July 18, 2013
I.Tax:
Installation of traffic signal - A.O. held deduction can only claimed u/s 80G - in order to discharge their CSR which also facilitates their business if the employees...
July 18, 2013
I.Tax:
Once the transaction is genuine merely because it has been entered into with a motive to avoid tax, it would not become a colourable devise and consequently earn any...
July 18, 2013
I.Tax:
Donations for scientific research or rural development - loss under the head income from business or profession - in view of the specific bar created u/s 80GGA, assessee...
July 18, 2013
I.Tax:
Addition on account of forfeiture of shares application money - since the amount is capital in nature the same cannot be brought to tax. - AT
July 18, 2013
I.Tax:
Rectification u/s 154 - issue of grant of interest on interest is a highly debatable and rather allowable claim in favour of the assessee - debatable issue cannot be...
July 18, 2013
I.Tax:
Export promotion expenses - foreign visits for the purpose of meeting with the buyers have no direct nexus with the manufacturing activity of the assessee - expenses disallowed - AT
July 18, 2013
C.Ex.:
Alteration in MRP - There cannot be different Retail Price for the purpose of CVD and for the purpose of Excise duty in respect of the same goods - prima facie case is...
July 18, 2013
C.Ex.:
Refund claim of education cess and S&H education – exempted goods - refund claim of education cess and S&H education was not entertainable - AT
July 18, 2013
C.Ex.:
Application for restoration of appeal filed after almost 16 years - Application for restoration is to be made within three months from the dismissal of the appeal - AT
July 18, 2013
C.Ex.:
Levy of AED (T&TA) in addition of Compounded levy of duty on fabrics - an assessee need not discharge any further duty under AED (T&TA) - AT
July 18, 2013
C.Ex.:
Any information sought not having the backing of the law and if not given - cannot be the ground for seeking vacation of the stay - AT
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