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Highlights / Annotations / Catch Notes For July of 2016
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Showing 101 to 150 of 513 Records
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July 24, 2016
S.Tax:
Manpower supply services or not - Consequent to the BIFR Scheme, the Lease Agreement was signed between the appellant (PTL) and Apollo Tyres Ltd. (ATL) on May 14, 2005....
July 24, 2016
S.Tax:
Demand of service tax on passenger service fee and airport taxes - extended period of limitation - Demand pertaining to passenger service fee and airport taxes is set...
July 24, 2016
VAT:
Condonation of delay - Merely because applicant is a State, delay cannot be condoned without a proper explanation as Section 5 of the Limitation Act is equally...
July 24, 2016
VAT:
Rate of Tax on Aluminium Grills, Aluminium Diffusers and Dumpers - manufacture and sale of Aluminium Grills, which are fixed on ceiling or on the wall of the building as...
July 24, 2016
C.Ex.:
Cenvat Credit - manufacture of dutiable and exempted final products - revenue submitted that assessee has neither maintained separate accounts nor paid an amount equal...
July 24, 2016
C.Ex.:
Reversal of cenvat credit on capital goods - loss of capital goods in the fire - The Compensation scheme from the insurance company has no relevance for availment of...
July 24, 2016
C.Ex.:
Cenvat Credit - Improper Duty paying documents - invoices issued by the sister unit - the total cenvat credit taken by both units did not exceed the CVD paid in respect...
July 24, 2016
C.Ex.:
SSI exemption - Notification No.9/2003-CE, dt.01.03.2003 - The said condition 2 cannot be designated as a mere procedural one and to avail the benefit of the...
July 24, 2016
C.Ex.:
Rebate claim - export of less quantity of goods - natural loss of goods in transit - as per provision of law rebate of duty cannot be allowed on the quantity of goods...
July 23, 2016
Cus.:
Refund - unjust enrichment - Whether Chartered Accountant certificate alone is sufficient to show that the burden of duty has not been passed on to their customers -...
July 23, 2016
Indian Laws:
No lawyer has a right to be appointed as State Government counsel or as public prosecutor at any level nor does he have a vested right to claim extension in the term for...
July 23, 2016
I.Tax:
Goodwill arising on succession - capital balance accounted as goodwill - capital gain computation - transfer - interpretation of Section 47 (xiv) - assessee has got the...
July 23, 2016
I.Tax:
Transfer of cases - Though unaware of the order of transfer of assessment, the petitioner had raised such detailed objections shortly thereafter. However, the...
July 23, 2016
I.Tax:
Addition towards probable speculation income - mere speculation cannot be a ground for addition of income. There must be a some material substance either in the form of...
July 23, 2016
I.Tax:
Reopening of assessment - When once therefore, a scheme has been sanctioned by the High Court, which would relate back to the appointed date and such order is passed...
July 23, 2016
I.Tax:
Non-compete fees receipt - taxability under Section 17(3)(iii) or 28(va) as salary income or business income or not - profit in lieu of salary - assessee is an...
July 23, 2016
I.Tax:
TDS u/s 195 - Both the conditions have to be satisfied simultaneously, that is, the services which are source of income should be utilized in India and services should...
July 23, 2016
I.Tax:
Nature of receipt of Premium on transfer of Market Linked Focus Product Scheme scrips - revenue or capital receipt - the incentive given by the Government to the...
July 23, 2016
I.Tax:
Disallowance towards compounding fees paid by the assessee to the Reserve Bank of India - It is not a case where the assessee has been held to have committed an offence...
July 23, 2016
I.Tax:
The section 234B(1) clearly mentioned that if there is a difference in advance tax or the tax, then the interest is required to be paid from 1st April following next financial year - AT
July 23, 2016
I.Tax:
Approval u/s 80G(5) rejected - object for establishment of the hospital and medical college - once, the registration under section 12AA has been granted, the approval...
July 23, 2016
I.Tax:
Invocation of section 144 - estimation of income - When an assessment is completed u/s. 144 of the Act by applying the net profit rate on the turnover, addition u/s....
July 23, 2016
I.Tax:
House property income - vacant property - the ALV of the property which remained vacant for the whole year has to be assigned Nil value in terms of section 23(1)(c) of the Act. - AT
July 23, 2016
S.Tax:
Permission to pay service tax through non electronic modes - Refusing to give them permission amounts to expecting them to comply with the law while simultaneously...
July 22, 2016
I.Tax:
In cases under ‘Limited Scrutiny’, the scrutiny assessment proceedings would initially be confined only to issues under ‘Limited Scrutiny’ and questionnaires, enquiry,...
July 22, 2016
I.Tax:
Whether survey conducted by the officers under Section 133A of the Act in the business premises of the petitioner and the residences of the Director is illegal ? - What...
July 22, 2016
I.Tax:
It is true that the Assessing Officer had relied heavily on the investigation carried out by the investigation wing and the material collected during such process, which...
July 22, 2016
I.Tax:
Quality of representation on behalf of the Revenue - Inconsistent stand being taken by the Revenue in different appeals raising identical issues - most matters are...
July 22, 2016
I.Tax:
Additions on account of finding of excess stock and suppression of sale - impact of VAT assessment - though we confirm the orders impugned before us, we are of the view...
July 22, 2016
I.Tax:
It is not in dispute that the surplus funds were of the 100% EOU. As such, the interest earned thereon has to be regarded as part of the “profit of the business of the...
July 22, 2016
I.Tax:
While it cannot be disputed that considering section 153A of the Act, the Assessing Officer can reopen and/or assess the return with respect to six preceding years;...
July 22, 2016
I.Tax:
The submission of revenue that the accounting treatment to be meted out to a transaction in accordance with the Accounting Standard has no relevance for the purposes of...
July 22, 2016
I.Tax:
Exercise of jurisdiction u/s 263 of the Act in respect of provision for future losses on construction contract was fully justified. - AT
July 22, 2016
I.Tax:
The proceedings for imposition of penalty u/s 158BFA(2) were initiated on the basis of earlier finding by the AO. However not only undisclosed income has been reduced...
July 22, 2016
S.Tax:
Period of limitation - relevant date - refund of accumulated credit of service tax paid on input services used in exports of services - the date on which services are...
July 22, 2016
C.Ex.:
Extended period of limitation - Suppression of facts - Demand based on subsequent department audit - Cenvat Credit - input services - credit of service tax availed on...
July 22, 2016
C.Ex.:
Cenvat Credit - eligible input services - Insurance on Plant & Machinery - Courier Services - Royalty Charges - Credit taken on ISD invoices - credit allowed on all the services - AT
July 22, 2016
C.Ex.:
Refund - in view of the Chartered Accountant Certificate, payment of duty under protest, reflection of excess duty as receivable in the balance sheet and the...
July 22, 2016
C.Ex.:
Refund claim of excess duty paid - unjust enrichment - after issuance of corrigendum the excess duty, paid lacks the colour of duty and is merely a deposit - the excess...
July 22, 2016
C.Ex.:
MRP Based duty u/s 4A or transaction value u/s 4 - bulk supply of malted milk food, malted food and malt extract powder etc. - sale of rejected lot to other customer -...
July 22, 2016
Cus.:
Classification of import of soft shell filter for blood bag - whether the goods imported by the petitioner is “filtering equipment for filtration of blood”. - The...
July 22, 2016
Cus.:
Recovery of duty drawback granted earlier - since there is no proof to show that the show cause notice was served on the petitioner, all the orders which have been...
July 22, 2016
Cus.:
Validity of order of orders of Commissioner (appeal) in favor of assessee - assessee submitted the documents first time before the commissioner (appeals) - There is...
July 22, 2016
VAT:
Reversal of input tax credit - the supplier dealers' Registration Certificates have been cancelled with retrospective effect - the impugned orders have been passed in...
July 22, 2016
Indian Laws:
Transfer of plot by way of transfer of shares in a company to another company - under the garb of transfer of shares, the respondents have completed the sale and is...
July 21, 2016
S.Tax:
Visit of service tax officers to the premises of the assessee restrained from taking recourse to Rule 5A(1) - The respondents shall, however, be free to take recourse to...
July 21, 2016
S.Tax:
Levy of VAT and Service tax both on Supply of tangible goods service - Merely because the petitioner argues that not service tax but value added tax would be leviable...
July 21, 2016
S.Tax:
Waiver of penalty - Cenvat Credit - providing taxable services and trading activity - the appellant has paid the entire cenvat credit on common input services even...
July 21, 2016
C.Ex.:
Claim of exemption from duty - supply of instrumental cables to Mega Thermal Power plant - Since the goods manufactured in India can not be classified under 98.01 of the...
July 21, 2016
Cus.:
Levy of penalty on the directors when there is no charge in the show cause notice or imposing the penalty - By merely providing the notice that the contents be brought...
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: Cancellation of MEIS scrips - Re- classification of the goods - Export...
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: Revocation of the Customs Broker License - forfeiture of security depo...
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: Professional misconduct by CA - Liability of the Engagement partner wi...
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: Clarification on the applicability of 3% amount on account of non-achi...
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