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Highlights / Annotations / Catch Notes For August of 2012
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Highlights
August
August 2012
Year 2012
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Showing 201 to 250 of 438 Records
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August 18, 2012
C.Ex.:
Violation of the principles of natural justice - alleged wrong availment of cenvat credit since inputs received indicated in specified invoices were never received - AT
August 18, 2012
S.Tax:
Rejection of refund claim in terms of Notification No.41/2007-ST dated 6.10.2007 - AT
August 18, 2012
S.Tax:
Manufacturing of Ready Mix Concrete - revenue contended the same to be Commercial & Industrial Construction Services - contract between the parties was to supply ready...
August 18, 2012
S.Tax:
Exemption relating to management, maintenance or repair of roads introduced by section 97(1) of the Finance Act, 2012 - AT
August 18, 2012
Cus.:
Denial of benefit of Project Import Regulations, 1986 - increase of more than 25% in the installed capacity is not achieved - AT
August 18, 2012
I.Tax:
DTAC between India and USA - secondment of the employees by the U.S. Principal - the same is income in hands of US Principal subject to withholding of taxes u/s 195 - AAR
August 18, 2012
I.Tax:
Deduction u/s 80IC - Revenue contending adjustment of losses of Delhi unit against profit of Baddi unit before providing deduction u/s 80IC - HC
August 18, 2012
I.Tax:
Computation of depreciation while computing deduction under Section 32AB - HC
August 18, 2012
I.Tax:
Shortfall of T.D.S - The contract with them by the assessee was one of contract `for service' and `not of service' - tax was being rightly deducted at source under...
August 18, 2012
I.Tax:
Denail of registration u/s.12A - while providing facilities like Telephone calls, Xerox etc., the society collects charges to meet the expenses. - cannot be termed as...
August 18, 2012
I.Tax:
Disallowance of claim u/s 80 IB - The watchmen performing the duties like packaging, preparing gate pass, maintaining attendance register etc included in computation of...
August 18, 2012
I.Tax:
Depreciation - asset concerned was not actually used for the purpose of business during the relevant previous year – Disallowance of lay up cost - AT
August 18, 2012
Co.Law:
Winding up – If the company refuses to pay, without good reason, it should not be able to avoid the statutory demand by proving at the statutory demand stage, that it is solvent. - HC
August 17, 2012
C.Ex.:
Captive Consumption - the benefit of exemption Notification No.67/95-CE cannot be denied to the sponge iron manufactured in one unit and consumed in the manufacture of...
August 17, 2012
C.Ex.:
Claim for remission of duty for the breakage and losses - it is not the case of the department that the loss due to breakage etc. was over and above the limit prescribed...
August 17, 2012
S.Tax:
Transportation of cargo by air - default in payment of service tax - assessee contested against invoking the extended period of limitation - penalties set aside u/s 80 - AT
August 17, 2012
S.Tax:
Rejection of refund claim in terms of Notification No.41/2007-ST dated 6.10.2007 - appellants did not submit the requisite documents before the sanctioning authority for...
August 17, 2012
S.Tax:
Rejection of refund claim in terms of Notification No.41/2007-ST dated 6.10.2007 - appellants did not submit the requisite documents before the sanctioning authority for...
August 17, 2012
Cus.:
Fiscal Penalty on nominee directors - failure to fulfill the export obligation under DEPB licenses - HC
August 17, 2012
I.Tax:
A gift by a corporation to another corporation is a strange transaction. To postulate that a corporation can give away its assets free to another even orally can only be...
August 17, 2012
I.Tax:
Embezzlement of cash by employee in AY 84-85 - loss claimed in the year 1990-91 - dis-allowance - cannot be allowed as deduction u/s 36 or 37(1). - HC
August 17, 2012
I.Tax:
Business discount claimed at 2.81% of the total sales - partial dis-allowance - The companies do not offer discounts on adhoc basis. The amount was substantial and could...
August 17, 2012
I.Tax:
Withdrawal of benefit u/s 11 on ground that main donor is the Government of Andhra Pradesh and application included expenses towards supply of equipment to Government Sector - AT
August 17, 2012
I.Tax:
Exemption u/s 10(10CC) - Whether tax paid by the employer on the salaries of the employees would constitute non-monetary benefits exempt u/s 10(10CC) - HC
August 17, 2012
I.Tax:
Estimation of income u/s 44AD of the Act - the depreciation allowance should be deducted therefrom - authorities should be guided by the binding circular of the Board - HC
August 17, 2012
I.Tax:
Scope of the term 'thereon' - Jurisdiction of the Tribunal - favorable decision - adverse findings - provisions of Rule 27 and the provisions of Sec. 253(4) do not...
August 17, 2012
I.Tax:
Validity of a decision where reasons are not recorded - Failure to give reasons amounts to denial of justice. - AT
August 17, 2012
I.Tax:
Whether upfront fee paid will fall within the definition of “rent“ as given under Explanation to Section 194-I of the Act - held yes - AT
August 17, 2012
I.Tax:
Carry forward of unabsorbed depreciation – The provisions of sections 80 and 139(3) of the Act are applicable to business losses and not to unabsorbed depreciation...
August 17, 2012
Wealth-tax:
Rejection of application for registration as a valuer of plant and machinery u/s 34AB of the Wealth Tax Act - HC
August 17, 2012
VAT:
If the Legislature in its wisdom has included the sunglasses within the category of “Medical Devices and Implants” covered under entry C-107(8) by issuing a notification...
August 17, 2012
VAT:
Waiving off the mandatory requirement of 'No Objection Certificate' from landlord for registration under the DVAT Act, 2004. - Circular
August 17, 2012
Cus.:
Amends in the Notification No. 12/2012- Customs. - Notification
August 16, 2012
Cus.:
Rate of exchange of conversion of each of the foreign currency with effect from 17th August, 2012. - Notification
August 16, 2012
DGFT:
Amendments Schedule-I (Imports) of the ITC(HS) Classifications of Export and Import Items, 2009-14. - Notification
August 16, 2012
C.Ex.:
Cenvat credit on input services - invoices issued in favour of the Head Office - denial under Rule 9(1)(g) of Cenvat Credit Rules, 2004 on ground that Head Office of the...
August 16, 2012
C.Ex.:
Cenvat credit – common input used - rule 6 - demand of 10% / 5% on press mud and sludge, which are in the nature of by-product and waste and also non-excisable cannot be sustained - AT
August 16, 2012
C.Ex.:
Central excise retrun - Duty payment has been made under Rule 3A of the Act and not under Section 3 - Under compounded levy scheme, this is the statutory return which is...
August 16, 2012
S.Tax:
Power of the Commissioner (Appeals) to remand – 100% EOU - export of IT software - refund claim under Notification No. 5/2006 dated 14.3.2006 in respect of the...
August 16, 2012
S.Tax:
Double taxation of service tax - subcontractor - the appellant stated that when the appellant provided courier service to the main courier namely professional couriers...
August 16, 2012
Cus.:
Import of goods - when the quality of the goods itself has been misdeclared, the declared value requires to be rejected. - AT
August 16, 2012
Cus.:
Whether the goods, namely, automobile parts exported by the appellant is eligible for all industry rate of drawback - held no - AT
August 16, 2012
I.Tax:
Search and seizure – suppression of sale and variation in G.P. rate - Addition made in respect of alleged Hawala transactions - HC
August 16, 2012
I.Tax:
Weighted deduction u/s 35(B) - The interest on packing credit is not paid in respect of any services rendered outside India and consequently would not stand covered...
August 16, 2012
I.Tax:
Sale of shares - share broker - Revenue condemned the share transaction of the assessee and held them to sham merely because some share brokers were found to be indulged...
August 16, 2012
I.Tax:
Capital gain vs Business income - The income from share transactions has been rightly assessed as business income, however, Security Transaction tax (STT) has to be...
August 16, 2012
I.Tax:
Addition u/s 50C - reference to DVO - Word “assessable” has been incorporated only w.e.f. 1.10.2009 (Finance Act 2009 w.e.f. 1.10.2009). The same cannot be made...
August 16, 2012
I.Tax:
TDS on VSAT charges - Since the VSAT charges paid do not have any element of income, deducting tax while making such payments do not arise - AT
August 16, 2012
I.Tax:
Validity of revisionary order passed u/s 263 on the issue of LTCG held to be STCG by CIT and excess allowance of deduction u/s 80C - AT
August 16, 2012
I.Tax:
Agricultural income – infraction of the statutory provisions may expose the assessee to the risks of being penalized or punished under the relevant statutes, but the...
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F
: Refund of IGST Charged and collected from Foreign Customer on Export o...
H
: Levy of penalty - non filling up of Part B of the e-Way Bill - existen...
H
: Violation of principles of natural justice - The court observed that w...
H
: Rejection of the petitioner’s claim for budgetary support - Violation ...
H
: Validity of determination of GST liability (demand) u/s 73(1) - Reject...
H
: Blocking the input tax credit against the petitioners - The High Court...
H
: Faceless Assessment Center u/s 144-B - territorial jurisdiction - The ...
H
: Non-jurisdictional AO proceeding with the assessment - decentralizatio...
H
: Deduction u/s 80-O - brandishing newspaper cuttings as proof to show i...
H
: Condonation of delay in filing of revised return of income - CBDT reje...
H
: Assessment completed u/s 144C against a petitioner/Non-Resident Indian...
H
: Exemption u/s 10(23C)(iiiad) - Threshold limit of Rs. 1 Crore - The Ap...
H
: Denial of deduction claimed under Chapter VI-A i.e. Section 80G/ 80GGA...
H
: Levy of penalties under various sections - The Appellate Tribunal, in ...
H
: Application seeking approval u/s 80G(5)(vi) rejected - Assessee is pre...
H
: Revision u/s 263 - Bogus LTCG/Share transaction - as per CIT AO failed...
A
: Mohit Agarwal Vs. CIT (All)- Appeal of assesse was earlier admitted th...
A
: DEPRECIATION ON GOODWILL
A
: Deciphering GST Notices: A Comprehensive Guide to Understanding and Re...
F
: ITC CLAIMED AFTER DUE DATE
F
: INQUIRY BY THE APPELLATE AUTHORITY
N
: Extension in Import Period for Yellow Peas under ITC (HS) Code 0713101...
C
: Relaxation of additional fees and extension of last date of filing of ...
C
: Uploading of judicial orders related to insolvency proceedings by Inso...
A
: DISTINCTION BETWEEN ‘DOCTRINE OF CONSTRUCTIVE NOTICE’ AND ‘DOCTRINE OF...
A
: The Benefits of Cloud Accounting for SMEs
F
: GST PENALTY SECTION 122
F
: Reconciliation of Eway bills
N
: Exemption from specified income U/s 10(46) – ‘Tamil Nadu Electricity R...
C
: Margin for Derivative Contracts
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