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Highlights / Annotations / Catch Notes For July of 2015
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Showing 301 to 350 of 427 Records
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July 9, 2015
S.Tax:
Extension of stay order - stay orders are in force beyond 7.8.2014 - there is no need for filing any further applications for extension of the orders granting stay......
July 9, 2015
S.Tax:
Penalty under Section 76, 77 & 78 - earlier Injunction was received from court in respect to demand of tax - it is a fit case to invoke Section 80 of the Act, 1994 and.....
July 9, 2015
S.Tax:
Input services - cenvat credit in respect of services of certification of pollution level is admissible, even though the service in the hands of service provider is not.....
July 9, 2015
C.Ex.:
Valuation of goods in the hands of Job Worker - principal manufacturer is not discharging excise duty liability - provisions of Rule 10A would not apply to job worker......
July 9, 2015
S.Tax:
Mandatory pre-deposit - Petitioner would not be justified in urging that the amended provisions of Section 35F(1) of the Act would not apply merely on the ground that......
July 9, 2015
C.Ex.:
Condonation of delay - delay in filing an appeal before Commissioner (Appeals) - limitation provided under section 35 of the Act cannot be condoned in filing the appeal....
July 9, 2015
C.Ex.:
Effective Date of beneficiary provisions - whether should be retrospective - once the co-relation could not be established, then the Petitioners derive no benefit of......
July 9, 2015
Cus.:
Waiver of pre deposit - Once the case is arguable and the Tribunal is required to consider several grounds and indepth, then we do not see justification for imposition.....
July 9, 2015
VAT:
Denial of refund claim - Bar of limitation - Even on belated production of statutory forms (‘C’ Forms and ‘H’ Forms), the statutory authority is bound to take into......
July 9, 2015
I.Tax:
Validity of reopening of assessment - payment of purchase price in excess to the SMP - there must be some further inquiry and/or tangible material with the AO - notices....
July 9, 2015
I.Tax:
Disallowance of expenditure - commission paid for doing liaisoning work to get the contract - we have not been shown any law, under which, the commission paid was......
July 9, 2015
I.Tax:
The ld. CIT(A) confirmed the addition of ₹ 1 lac on estimated basis when commission payments are specified amount, the CIT(A) should have confirmed the whole......
July 9, 2015
I.Tax:
Profit from sale of flat - treated as income from capital gain OR business income - The assessee has not incurred any expenses towards construction of building nor it......
July 9, 2015
I.Tax:
Transactions of purchase and sales of shares - In the year under consideration the assessee has carried out repetitive transactions in the same script as well as same......
July 9, 2015
I.Tax:
Assessee had failed to pay tax due on the income returned at the time of filing the return or even before filing of appeal or even at the time when appeal was heard by......
July 9, 2015
I.Tax:
Disallowance of cost of construction - Since only provisions of 40A(3) are invoked, there is no question of treating the expenditure as 'non-genuine' as no amount was......
July 9, 2015
I.Tax:
Disallowance under Section 14A - it is mandatory for the AO to adopt the method prescribed in Rule 8D(2) - CIT(Appeals) is not justified in accepting the ad hoc......
July 8, 2015
S.Tax:
Valuation - Service tax on the amount of scholarship / fee discounts / fee concessions given to certain students - Deduction from assessable value - what is relevant is.....
July 8, 2015
S.Tax:
Waiver of pre deposit - appellants have already paid 10% duty while filing this appeal before this Tribunal. Therefore, it is treated that this 10% duty would be......
July 8, 2015
C.Ex.:
Reversal of CENVAT Credit - leasing out the power plant with ancillary equipments to KPPL without removing the capital goods - There is no removal of goods under cover......
July 8, 2015
C.Ex.:
Invocation of extended period of limitation - The plea of the appellant is that if there is no suppression post August, 1996, no extended period could be invoked post......
July 8, 2015
C.Ex.:
Non Reversal of CENVAT Credit on Closure of factory - appellants have closed down their Lead plant in July 1999 and dismantled the same in December 2003 and have not......
July 8, 2015
Cus.:
Waiver of pre deposit - Classification of import - bituminous coal or steam coal - Held that:- First, this bench on in the case of Mohit Minerals Pvt. Ltd, has taken a......
July 8, 2015
VAT:
Penalty u/s 53 - Karnataka VAT - Once statutory contravention is established, then section 53(12) is attracted which provides for levy of penalty - presence of Mens Rea....
July 8, 2015
Co.Law:
Jurisdiction of High Court - Infringement of the Trademark / Copyright - No doubt about it that a suit can be filed by the plaintiff at a place where he is residing or......
July 8, 2015
Co.Law:
Penalty under Section 15A(b) of the SEBI Act - Having failed to make yearly disclosures year after year from 1998, appellants cannot escape penal liability merely......
July 8, 2015
Indian Laws:
Validity of Arbitral award - whether the appellant is liable to pay interest to the respondent though there was a provision in the contract that no interest should be......
July 8, 2015
I.Tax:
Profits arising from purchase and sale of shares - The principal business of the assessee was granting of loans and advances. - assessee’s income was not assessable as......
July 8, 2015
I.Tax:
Addition of repairs for excavation of pond, purchase of wood shaft, ply, Burma teak wood, tiles etc. - revenue v/s capital expenditure - the impugned repair expenditure.....
July 8, 2015
I.Tax:
There no rationale in treating the amount of depreciation on cars as for personal use, when admittedly these have been provided to employees. A company is a separate......
July 8, 2015
I.Tax:
Transfer pricing adjustment - as per the above amendment, it is clear that the +/- 5% variation is only to justify the price charged for international transactions and......
July 8, 2015
I.Tax:
Reopening of assessment - the revised claim represents, by the assessee’s own admission, the correct claim of depreciation. Whether legally permissible or not, the AO is....
July 7, 2015
S.Tax:
Guidelines regarding detailed scrutiny of Service Tax Returns (ST-3) w.e.f. 01/08/2015. - Circular
July 7, 2015
S.Tax:
Instructions regarding maintenance of Records in Electronic Form and authentication of records by Digital Signature–manner of verification-reg. - Order-Instruction
July 7, 2015
S.Tax:
Import of Commission agent service - Applicability of Section 66A - mere act of reimbursement per se would not justify the contention of Revenue that the same was......
July 7, 2015
S.Tax:
Valuation - Inclusion of warehousing charges and other reimbursables - mere act of reimbursement per se would not justify the contention of Revenue that the same was......
July 7, 2015
S.Tax:
The appellant is entitled to avail, Cenvat credit for the insurance premium paid in respect of group insurance/insurance of employees including retired......
July 7, 2015
S.Tax:
Refund of accumulated Cenvat credit - documents are not in the name of the appellant - appellant has taken credit on the basis of invoices issued by ISD and therefore......
July 7, 2015
C.Ex.:
Marketability of product - mixture of graphite and clay - there is no evidence whatsoever that the mixture of graphite and clay is at all marketable. - AT
July 7, 2015
C.Ex.:
Exemption under Notification No. 63/95-CE dated 16.03.1995 - Goods supplied to defence - as is seen from the certificate, the person signing the same is holding the rank....
July 7, 2015
C.Ex.:
Denial of CENVAT Credit - Non maintenance of separate accounts - 100% EOU - goods supplied against ICB - the Review order passed by two senior Chief Commissioners is an.....
July 7, 2015
C.Ex.:
Denial of CENVAT Credit - Bogus invoices - appellant produced documents that M/s. Annapurna was in existence during the material period as established by their invoices.....
July 7, 2015
Cus.:
Valuation of goods - Enhancement in value of goods - even the second time, the adjudicating authority failed the requirement of passing a speaking order complying with......
July 7, 2015
VAT:
The VAT, at the rate prescribed in Section 4(7)(d) of APVAT, must be paid on the entire consideration, and not merely on the consideration reflected in the registered......
July 7, 2015
I.Tax:
Sale of baggasses at lower rate than market rate to tis sister concern - No material to record finding that market price of baggasse was ₹ 18/- throughout the year....
July 7, 2015
I.Tax:
Credit of additional TDS - assessee did not file such certificates within prescribed period of two years but filed these before the assessment was completed - credit allowed - AT
July 7, 2015
I.Tax:
Transfer pricing adjustment - interest rate charged by the assessee in the international transactions was much higher than the LIBOR rates - interest charged in the loan....
July 7, 2015
I.Tax:
Entitlement to exemption u/s 11 - there is no change in the aims and objects of assessee in the impugned AY and the activities of assessee over the years remains the......
July 6, 2015
S.Tax:
Service Tax on lease of land for 99 years - whether in nature of Renting of Immovable Property or sale - prima facie service tax is leviable since it is not sale per se. - AT
July 6, 2015
I.Tax:
Clarifications on scope and the procedure to be followed for tax compliance for Undisclosed Foreign Income and Assets in Question and Answer form. - Circular
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Black Money .... Act, 2015
Black Money .... Rules, 2015
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