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Highlights / Annotations / Catch Notes For July of 2013
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Highlights
July
July 2013
Year 2013
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Showing 201 to 250 of 430 Records
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July 17, 2013
C.Ex.:
Denial of credit - Goods received on stock transfer basis - Revenue denied credit on the basis that it was stock transfer and not sale - credit allowed - AT
July 17, 2013
S.Tax:
Refund of claim - Claim filed beyond period of 1 year - Export - Notification No. 17/2009 - all conditions are mandatory - refund claim filed beyond one year rejected - AT
July 17, 2013
Cus.:
Valuation of imported goods - Transaction Price - Grant of territorial commission/discount cannot be arbitrary/or discriminatory - It does not affect the normal trade...
July 17, 2013
S.Tax:
Constitutional validity of levy of service tax on sale of food and drinks (restaurants) - Legislative competency of Parliament - only state govt. are empowered to levy...
July 17, 2013
I.Tax:
Bad debts - it is difficult to accept that on the mere score of reference to the BIFR - the recovery of interest or accruing of interest on the debtor company had become...
July 17, 2013
I.Tax:
Penalty u/s 271B - delay in filing an audit report u/s 44AB - The delay of 29 days in filing of the tax audit report under section 44AB merited to be condoned - no penalty - HC
July 17, 2013
I.Tax:
Accrued income - whether a sum which represented retention money for fulfillment of the contract by the assessee should be treated as accrued income – Held No - HC
July 17, 2013
I.Tax:
Deduction u/s 80IA(4)(iii) - Towers in the Industrial Park rented out for software concern - deduction allowed - HC
July 17, 2013
I.Tax:
Application of Section 70 and 74 - set off of losses - Exemption u/s 50EC - priority - For taking benefit under Section 54E, it is not necessary that one should first...
July 17, 2013
I.Tax:
Income u/s 41(1) - Bank waived the interest portion - Returns filed for A.Y. in which deduction claimed was held non-est - Unless the amount had been allowed as a...
July 17, 2013
I.Tax:
Computation of capital gain - property received under gift - Section 48, 49 - CII to be taken from the date of transfer while cost of acquisition would be the cost for...
July 17, 2013
I.Tax:
Penalty u/s 271(1)(c) - Adhoc disallowance of 50% out of miscellaneous expenses was made by the A.O. on estimated basis - said estimate was revised by the CIT(A) to 10%...
July 17, 2013
I.Tax:
Deduction u/s 10A - allocation of expenses on the basis of the turnover made by the CIT(A) is reasonable and has to be upheld. - AT
July 17, 2013
I.Tax:
Re opening of assessment second time - it is only to circumvent the illegality committed by the AO in the fist assessment proceedings - proceedings dropped - AT
July 17, 2013
VAT:
The single judge dismissed the writ petition; substance of the order is under Article 227 and no power under Article 226 of the Constitution has been exercised - the...
July 16, 2013
S.Tax:
Benefit of exemption available to maintenance/repair of roads will not be available in respect of such activities carried out in respect of runways - runway cannot be...
July 16, 2013
S.Tax:
The request of the appellant that if the refund cannot be allowed, they may be allowed to carry forward the amount as a credit, also cannot be accepted as it would...
July 16, 2013
S.Tax:
Input Service Distributor (ISD) – assessee would be entitled for the credit taken by one of the service stations based on the credit distributed by the ISD - AT
July 16, 2013
S.Tax:
Cenvat Credit - Input Services - Rule 2(l) - Business support services - the term business appearing in the definition of input service cannot be given a restricted definition - AT
July 16, 2013
VAT:
Rate of tax - medical electronic items - when there is a special entry to deal with the item in question, one has to give preference to the same over the general entry. - HC
July 16, 2013
I.Tax:
Provision for Warranty - The assessee had not proved the provision of warranty expenses based on any scientific method in such circumstances - Triple test was not passed...
July 16, 2013
I.Tax:
Co-operative societies – whether person u/s 2(31) for the purpose of inquiry u/s 142 and power to call for information u/s 133 - Held Yes - HC
July 16, 2013
I.Tax:
Distributing free articles / samples to doctors - it is for the assessee to satisfy the Assessing Officer that the expense is not in violation of the Medical Council Regulations - HC
July 16, 2013
I.Tax:
Unpaid Excise Duty - Whether the ITAT erred in deleting the addition made by the AO u/s 43B r.w. Section 145A - The assessee cannot profit or take advantage from that...
July 16, 2013
I.Tax:
Exemption u/s 10(23C)(vi) can be claimed by an assessee without applying for registration u/s 12A as it is not required to fulfil the conditions mentioned under section 11 - HC
July 16, 2013
I.Tax:
Entitlement to exemption u/s. 11 - Claim of depreciation - in case of trusts, so called double deductions are allowable. - AT
July 16, 2013
I.Tax:
Unrealized subsidy - It is a trite law that every receipt does not tantamount to income, as per charging sections 4 & 5 - the receipt of unspent amount does not become...
July 16, 2013
I.Tax:
Penalty u/s 271 - claim of depreciation - business was closed - since the assessee has failed to make a satisfactory explanation for makings such patently false claim,...
July 16, 2013
C.Ex.:
When two exemption Notifications are available to an assessee, he can opt for the Notification most beneficial for him - Department can not force him to avail a...
July 16, 2013
C.Ex.:
Cenvat Credit – Payment of duty on non excisable goods - when they have cleared their finished product on payment of duty, the same may be treated as reversal of Cenvat...
July 16, 2013
C.Ex.:
Reduced penalty u/s 11AC @ 25% - date of payment of duty not known - interest was not computed - the contention that since interest was computed, deposit of amount...
July 16, 2013
Cus.:
When the disciplinary proceedings against the officers under CCS (CCA) Rules have been dropped, the imposition of penalty against them based on the same charges would...
July 15, 2013
I.Tax:
Surcharge u/s 113 - Surcharge under Section 113 of the Act is mandatory and is applicable with retrospective effect - HC
July 15, 2013
I.Tax:
Set off of short term capital loss - Transaction in shares - When neither any payment was made nor any delivery was taken, then the transaction can not be held genuine - HC
July 15, 2013
I.Tax:
Till previous year assessee exempted u/s 10(29) - Assessee has claimed the entire depreciation during the assessment year under consideration, which is not permissible - HC
July 15, 2013
I.Tax:
Depreciation on truck - claim of depreciation on chassis and tanker mounting on chaises separately - claim allowed - HC
July 15, 2013
I.Tax:
Disallowance u/s 14A - when there was interest free funds available with the assessee, there does not arise a question of disallowing expenditure under Section 14A of the Act - HC
July 15, 2013
I.Tax:
Addition of notional interest - if the assessee had not bargained for interest, or had not collected interest, one fails to see how the IT authorities can fix a...
July 15, 2013
I.Tax:
Disallowance of deduction u/s. 80IA on the basis of turnover as reported in TDS certificate - Government Departments following cash system of accounting - deduction allowed - AT
July 15, 2013
I.Tax:
Mark-to-market loss on account of trading in derivative transactions - While anticipated loss is taken into account while valuation of closing stock, anticipated profit...
July 15, 2013
I.Tax:
Rectification of mistake -If the argument and ground were not disposed off is a mistake apparent from rerecord. - AT
July 15, 2013
C.Ex.:
Original authority acted in violation of the principles of natural justice when it obtained a verification report from the Range Officer behind the back of the assessee...
July 15, 2013
C.Ex.:
Duty liability - export through merchant exporter - Manufacturing units were not responsible for the production of proof of exports and if the goods are not exported...
July 15, 2013
C.Ex.:
Nature of reversal of cenvat credit on removal of inputs as such - it is nothing but payment of duty - Rebate claim is admissible to the applicant under Rule 18 - CGOVT
July 15, 2013
Cus.:
SCN under notification 36/96 - instead of Asst. Commissioner of Central Excise, Commissioner of Customs, Pune has issued show-cause notice which is beyond his jurisdiction - AT
July 15, 2013
I.Tax:
Interest u/s 36(1)(iii) - Loans borrowed for expansion of business - Net unit established - Interest paid on the loan will have to be treated as revenue in nature - HC
July 15, 2013
I.Tax:
Set Off u/s 37 - date of Commencement of business - a business will commence with the first purchase of stock-in-trade and the date on which the first sale is made is immaterial - HC
July 15, 2013
I.Tax:
Carry forward of losses u/s 73 - Speculative loss - Derivative transaction - Tribunal erred in law in holding that the assessee was entitled to carry forward its losses - HC
July 13, 2013
C.Ex.:
Cenvat Credit - Forged DEPB Scrips - burden of proof regarding the admissibility of the Cenvat credit shall lie upon the manufacture taking such credit - credit to be recovered - AT
July 13, 2013
C.Ex.:
The same authority who reviewed the order cannot decide the appeal. - AT
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