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Showing 201 to 250 of 279 Records
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July 13, 2017
C.Ex.:
CENVAT credit - Broadcasting services - advertising services - the Broadcasting and advertisement have been done on behalf of the appellant and they have borne the...
July 13, 2017
C.Ex.:
Clandestine removal - extended period of limitation - Considering the voluminous nature of evidences, we do hold that the issuance of the second show cause notice dated...
July 13, 2017
C.Ex.:
Valuation - clearance of manufactured computers after pre-loadingh with Application Software - Deduction of software cost has to be on the basis of amount equivalent to...
July 13, 2017
S.Tax:
Business Auxiliary Services - Subvention charges - taxability - Such subvention charges collected are part of the commission, which falls under the taxable category of...
July 13, 2017
S.Tax:
Self adjustment of excess paid service tax - appellant already claimed the refund for excess amount adjusted against the service tax liability for the month of April,...
July 13, 2017
S.Tax:
Condonation of delay in filing an appeal - the law of limitation is not intended to defeat the rights of parties except those who are adopting dilatory tactics or...
July 12, 2017
I.Tax:
Revision order u/s. 263 - CIT(A) was not justified in directing additional claim of ₹ 20 lakhs based on the fresh claim by the assessee. The provisions of section...
July 12, 2017
I.Tax:
Un-explained deposit into bank - proof of fund available with the HUF - when the particulars of the cash flow statements are accepted by the AO then the source as...
July 12, 2017
I.Tax:
Entitlement to registration u/s 12A - DIT(Exemptions) as well as the Tribunal committed 2 mistakes, namely, (a) that of overlooking the first 6 activities covered by...
July 12, 2017
I.Tax:
Sale of plot - STCG OR LTCG - The mere fact that the sale of the property in the earlier AY and the resultant reduction of the ‘stock in trade’ was not questioned by the...
July 12, 2017
Cus.:
A benefit that was not claimed at the time of import is not available for being extended in recovery proceedings. Accordingly, there is no merit in the claim of the...
July 12, 2017
C.Ex.:
Recovery of interest amount in respect of rebate claim, without issuance of SCN - once it has been held that the appellant is entitled for rebate claim, in absence of...
July 12, 2017
C.Ex.:
Write-off of inputs and finished goods - Since the period covered in this case is prior to insertion of sub rule (5B) in Rule 3 of Credit Rules, 2004, the embargo...
July 12, 2017
C.Ex.:
Re-crdit of duty on goods returned by the customer - the appellants modus operandi does not exhibit that it has come out with clean hands when procedural deviation was...
July 12, 2017
C.Ex.:
100% EOU - clandestine removal of raw materials - When the impugned goods not found at the EOU unit have, however, been subsequently found in their adjacent DTA unit,...
July 12, 2017
C.Ex.:
Refund claim of excess duty paid - valuation of Physician's sample - The assessable value, as indicated in the 2002 circular, is 115% of the cost of production. The...
July 12, 2017
S.Tax:
Abatement of value of material - N/N. 12/2003-ST dated 20th June 2003 - discharge of VAT liability would preclude the levy of service tax on the value of those goods
July 12, 2017
S.Tax:
Sub-contract - tax liability - Service Tax is leviable on any taxable services provided, whether or not the services are provided by a person in his capacity as a...
July 12, 2017
S.Tax:
CENVAT credit - input services - club services - whether the appellant who is a manufacturer of excisable goods, is eligible to avail CENVAT credit of the service tax...
July 12, 2017
S.Tax:
Cenvat Credit - demand of interest - appellant had taken input service credit even before payments were made, in contravention of Rule 4(7) of CCR, 2004 - appellant...
July 11, 2017
I.Tax:
Disallowance of Commission paid to Direct Selling Agents (DSA) - the liability to pay the commission / brokerage to DSAs had duly crystallized and hence the comments of...
July 11, 2017
I.Tax:
Penalty u/s 271 (1)(c) - computing the revenue neutral income by the assessee as per provisions of Section 10(38) for the Long Term capital gain - Bonafide...
July 11, 2017
Cus.:
Import of restricted item - used tyres of various sizes - imported goods cannot be treated as "hazardous waste" - the clearance of goods shall be allowed for home...
July 11, 2017
Cus.:
Redemption fine - Whether the Tribunal has misdirected itself in law and on facts in holding, that under the provisions of Section 125(1) of the Customs Act, 1962, the...
July 11, 2017
Cus.:
Anti Dumping duty - Whether Anti Dumping Duty is applicable on flat roll product of stainless steel having width between 1250 mm to 1280 mm under N/N. 14/2010-Cus.,...
July 11, 2017
C.Ex.:
Suo-moto the re-credit of such amount debited erroneously - the amount paid by mistake cannot be termed as duty - suo motto credit of Cenvat can be allowed if there is...
July 11, 2017
C.Ex.:
Rate of duty applicable on subject goods - P&P medicaments - The demand of duty would be at the rate as applicable on the day of destruction, when the appellant had...
July 11, 2017
C.Ex.:
100% EOU - Remission of duty - Rule 21 of Central Excise Rules, 2002 - remission is allowed on the goods which were cleared for export but could not be exported due to accident.
July 11, 2017
C.Ex.:
CENVAT credit - Since the godonwn was not a part of the registered factory premises, the same cannot be considered as “place of removal” for the purpose of consideration...
July 11, 2017
C.Ex.:
Classification of Micronutrients - Chelamin, Agromin, Chelafer and Chelacop - In view of presence of nitrogen, and also considering that they are mixtures and not...
July 11, 2017
S.Tax:
Benefit of abatement - N/N. 1/2006-ST - To the extent that the assessee did not utilise credit, the availment of which is in dispute, there is no detriment to Revenue....
July 11, 2017
S.Tax:
Reverse charge - transaction between the overseas branch and the appellant. - In the absence of an activity between the branch and the headquarters for an identified...
July 11, 2017
S.Tax:
Erection, Commissioning and Installation charges - services provided in respect of erection of sub stations, erection of transmission lines - We fail to understand how...
July 11, 2017
S.Tax:
Refund claim - rejection on the ground that at the time of export of goods, the appellant was entitled for the benefit of exemption N/N. 17/2008-ST dated 01.04.2008...
July 10, 2017
S.Tax:
Reverse charge - section 66A of Finance Act, 1994 deems the recipient to the be the provider of service for fastening of tax liability. Such deeming provision is found...
July 10, 2017
S.Tax:
Valuation - reimbursable expenses - It would not be possible to draw a distinction between the portion of the consideration that does not relate to these activities. In...
July 10, 2017
Co.Law:
The revival of Company does not necessarily mean revival and restoring of the usual manufacturing or the business activity. It is a broader term including therein, the...
July 10, 2017
I.Tax:
The assets transferred being the shares, which was never part of assessment of Stamp Duty Authority of the State Government. In such circumstances that cannot be no...
July 10, 2017
I.Tax:
Disallowance being donation made u/s.35AC - if there is a malpractice or discrepancies in the management of the Trust Account for which the assessee cannot be...
July 10, 2017
I.Tax:
Eligibility for deduction u/s 54EC - investment in Bonds specified u/s 54EC after a period of six months from the date of transfer but before the due date specified u/s...
July 10, 2017
I.Tax:
Addition u/s 68 - unexplained cash credits - mere recording of the statement and filing acknowledgement of ITR would not be sufficient to prove the creditworthiness of...
July 8, 2017
Cus.:
Valuation of imports - loading of 20% - It would be only natural to assume that the technical know how that has been accrued by way of such payments would go in to each...
July 8, 2017
Cus.:
Refund claim - once a certificate from Chartered Accountant, who is also statutory auditor, if filed by the appellant, then there is no need for insisting on production...
July 8, 2017
Co.Law:
True & Fair view” is not depicted in the Balance Sheet - Generally the decrease in paid up capital can occur in various ways viz buyback of shares, forfeiture of shares,...
July 8, 2017
I.Tax:
Exemption u/s. 10B - Tribunal correctly held that the assessee cannot be allowed to blow hot and cold. Having set up and established the claim of being engaged in the...
July 8, 2017
I.Tax:
Reopening of assessment - unaccounted investment in the purchase of the property - There cannot be an automatic presumption that a purchaser of the property had paid...
July 8, 2017
I.Tax:
"Mark to Market” loss - AO did not disallow the claim of loss but CIT(A) disallowed the claim of loss - In the absence of any fact with regard to the nature of the said...
July 8, 2017
I.Tax:
Levying penalty u/s 271(1)(c) - whatever entries were passed in the books were passed in the bona fide manner. No penalty is leviable for violation of deeming provisions
July 8, 2017
S.Tax:
Nature of activity of "chit fund business" - cash management / fund management - whether classifiable under the category of "banking and other financial services" - No...
July 7, 2017
S.Tax:
Business auxiliary services - various components of the sale value recovered as ‘trade margin’ - the appellant does not, at any stage, become the owner of the goods,...
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: Supply of Goods or services - Sale of Demo Cars - Reimbursement of Los...
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: Taxable supply or not - Entry fee collected from the visitors/ devotee...
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: Revision u/s 263 - scrutiny assessment was completed on the return of ...
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