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Highlights / Annotations / Catch Notes For July of 2015
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Showing 251 to 300 of 427 Records
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July 13, 2015
Cus.:
Validity of SCN - Proper officer - the show cause notice is neither pre-meditated nor pre-conceived rather it is an attempt to place all the facts, which have been......
July 13, 2015
VAT:
Forced recovery of VAT - It is apparent, prima facie that such a huge liability has been made out against the petitioner without giving him proper opportunity to......
July 13, 2015
VAT:
Best Judgement - scope of estimation - While best of judgment assessment may involve an element of guess work, but at the same time, it is settled law that it must be......
July 13, 2015
Co.Law:
Acquisition of shares/ voting rights - mere change of name of a company does not wash away the liabilities despite the change of name of that of the promoters or the directors. - SAT
July 13, 2015
I.Tax:
Interest payable by assessee on short payment of advance tax - The bona-fides of the assessee in estimating his income and paying the advance tax accordingly are......
July 13, 2015
I.Tax:
Non deduction of TDS u/s 195 on payment for technical services received from singapore on the basis of Chartered Accountant (CA) certificate - No violation was......
July 13, 2015
I.Tax:
TDS - card swiping machine is used - HDFC Bank collects money from paying bank of the customers who use the credit card and gives credit to the Account of the assessee......
July 13, 2015
I.Tax:
Validity of reopening of assessment - AO was required to first decide the objection of the assessee filed under sec. 148 - Since such compliance has not been made, the......
July 13, 2015
I.Tax:
Treatment of agricultural income as 'Income from other sources' - assessee's contentions that the lands were being cultivated by cultivators and assessee gets only net....
July 13, 2015
I.Tax:
Addition invoking provisions of section 68 - if it was advance against sales then one fails to understand as to why dispatch of goods were not made during the year, more....
July 11, 2015
Cus.:
Refund of Terminal Excise Duty (TED) - Deemed export - Jurisdiction to claim refund is Central Excise or DGFT - The FTP, as it then existed, did not de-bar the......
July 11, 2015
S.Tax:
Validity of Circular - clarification on levy of service tax on distributors/sub-distributors of films & exhibitors of movie - merely making a reference to some Circular.....
July 11, 2015
S.Tax:
Waiver of pre deposit - Mandatory pre deposit of 7.5% - Provision of section 35F, whether prospective or retrospective - date of SCN 05.06.2013 - Date of OIO 27.02.2015.....
July 11, 2015
S.Tax:
Levy of penalties u/s 77 and 78 - Bonafide belief - assessee had in fact recovered Service Tax periodically from the service recipient. Not only that such service tax......
July 11, 2015
S.Tax:
Condonation of delay - Exparte order - delay of 21 days - Tribunal should adopt a lenient approach in dealing with an application for condonation of delay. Length of......
July 11, 2015
S.Tax:
Difference between the value reflected in ST3 returns and as shown in the Income ledger of the appellant - there is otherwise no evidence on record to reflect any......
July 11, 2015
C.Ex.:
Remission of duty - reversal of cenvat credit taken on inputs - it is deemed to have been consumed in the process of manufacture and since the goods are lost or......
July 11, 2015
C.Ex.:
Failure to comply with the order of pre-deposit - tribunal dismissed the appeal - no litigant much less placed on par with the appellant before us has the absolute right....
July 11, 2015
C.Ex.:
Classification - tribunal decided that the "SERVO STEEROL C- 6" is a lubricating oil and not a ‘Rolling Mill Oil (Specially Oil) - If the treatise taken into account by....
July 11, 2015
C.Ex.:
Invocation of extended period of limitation - subsequent information by the assessee to the respondent/Department cannot justify a plea of no suppression. The act of......
July 11, 2015
C.Ex.:
CENVAT Credit - CVD was paid by utilizing DEPB script - the duty had been paid through DEPB scrips in terms of 2002-2007 Foreign Trade Policy. - credit allowed - AT
July 11, 2015
Cus.:
100% EOU - it is now a trite law that the procedural infraction of notifications/circulars etc. are to be condoned if exports have really taken place and the law is......
July 11, 2015
VAT:
Principle of res judicata in taxation - Rate of VAT on Noodles - 4% or 12.5% - Classification - Assessing Officer being lower in rank cannot be permitted to ignore......
July 11, 2015
Co.Law:
Winding up petition - outstanding dues to the petitioner - If the respondent is unable to persuade its purported mentor, namely, the State Government concerned, it is.....
July 11, 2015
Indian Laws:
Judicial orders of civil court are not amenable to writ jurisdiction under Article 226 of the Constitution; - Jurisdiction under Article 227 is distinct from......
July 11, 2015
Indian Laws:
Demand of luxury tax imposed on a building that consists of 13 residential apartments - Kerala Building Tax Act, 1975 - he will be liable on the basis of aggregate......
July 11, 2015
I.Tax:
Change in jurisdiction - Merely because the parties were doing business in the normal course inter se, would not be a ground as such to transfer the assessment in the......
July 11, 2015
I.Tax:
Appeal to high court - The appeals are filed by the revenue mechanically without application of mind in respect of matters which are already concluded by decisions of......
July 11, 2015
I.Tax:
Adjustment of refund due with demands outstanding - The power under Section 245 is discretionary. The orders of stay have to be honoured before adjustment of the demand.....
July 11, 2015
I.Tax:
Recovery of tax - Transfer by way of mortgage was without notice of pendency of the assessment proceedings - Void transfer u/s 281 - Undisputedly, the respondent is a......
July 11, 2015
I.Tax:
Reopening of assessment - Escapement of Income - Non speaking order - Non application of mind - if the factual aspects and the details are undisputed then the issuance......
July 11, 2015
I.Tax:
TDS u/s 194I or u/s 194C - The assessee had no interest i.e. as a lessee or sub-lessee or tenant in respect of the buses which were being used for transportation of the....
July 11, 2015
I.Tax:
Payment of legal and professional expenses after closer of business - since these expenses were related to the sales tax litigation and for maintaining corporate status....
July 11, 2015
I.Tax:
On-money payment for purchase of immovable property - Though the assessee failed to discharge its onus by producing both the parties before the AO for examination and to....
July 10, 2015
S.Tax:
Maintainability of appeal - Delay in filing appeal - Since the appeal has been filed within one month of the actual date of receipt according to the CA, the appeal has......
July 10, 2015
S.Tax:
Job Work - chilling of milk does not amount to the activity of processing or manufacture falling under Business Auxiliary Service- AT
July 10, 2015
S.Tax:
Recovery of service tax - merely on issuance of show cause-cum-demand notice, the bank account could not have frozen and attached. More so, when the petitioner claims to....
July 10, 2015
C.Ex.:
Denial of exemption claim - manufacturer cleared the exempted goods on payment of duty during the period in dispute - the erroneous payment of duty would not render the....
July 10, 2015
C.Ex.:
Provisional assessment - no legitimate ground exists for the department to disallow the petitioner company to pay excise duty on provisional basis on the concerned goods....
July 10, 2015
C.Ex.:
Valuation - Method of valuation - non-inclusion of profit marging in the assessable value of semi-finished goods cleared to their other unit - no demand being revenue......
July 10, 2015
C.Ex.:
Transfer of Credit of SAD - Transfer of balance amount of credit to the new Unit especially when the sale is not unit-wise but the entire company was sold, is in......
July 10, 2015
VAT:
Denial of exemption claim - sales tax exemption - non-maintenance of average production after the expiry of the benefit period inasmuch as it had drastically come down......
July 10, 2015
Co.Law:
Penalty u/s 15A(b) of the SEBI Act, 1992 - Non-disclosure of acquisition and/or sale of shares - the imposition of above said penalties can neither to be termed as......
July 10, 2015
Co.Law:
Resignation of Director - Company refused to accept the resignation - resignation will not relieve the petitioner from any liability if any, which he may have incurred.....
July 10, 2015
I.Tax:
Levy of Penalty - appellant's contention that there was no default in furnishing e-IDS returns has no force and is accordingly rejected. - The action of the Addl.......
July 10, 2015
I.Tax:
Penalty levied u/s. 271D and 271E - The assessee has filed affidavits of the lenders who are agriculturist to substantiate that they have advanced cash loan for the......
July 10, 2015
I.Tax:
TDS u/s 194I - payment made for use of property of the member of the Joint Venture (JV) - assured return - Not in the nature of rent - No TDS is required - AT
July 10, 2015
I.Tax:
Disallowance u/s 40(a)(ia) - Non deduction of TDS - reimbursement of expenses do not consist the income of the recipient and the payments are not governed by the......
July 10, 2015
I.Tax:
Even after insertion of section 10(23AAB), the loss incurred from the pension fund like Jeevan Suraksha Fund had to be excluded while determining the actuarial valuation....
July 9, 2015
Co.Law:
Jurisdiction of SEBI under SEBI Act, 1992 in relation to Global Depository Receipts (GDRs) issued outside India - the exercise of jurisdiction by SEBI against the......
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