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Highlights / Annotations / Catch Notes For August of 2013
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August
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Showing 101 to 150 of 550 Records
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August 26, 2013
S.Tax:
Classification of service – transport of cargo throughout the world using ships owned/charted by them - liability was based on the place of residence of the recipient of...
August 26, 2013
S.Tax:
Classification of Service - Travel by Air services u/s 65 (105) (zzzo) or Supply of Tangible Goods u/s 65 (105) – W when an aircraft was given on charter to other...
August 26, 2013
S.Tax:
Interim Relief – Extension of stay Order – effect of proviso introduced by the Finance Act, 2013 - Since the present appeal could not be disposed of within 365 days, for...
August 26, 2013
Cus.:
Valuation - import of goods - inclusion of value of software in the networking appliance - It is argued that the cost of such updation of software cannot form part of...
August 26, 2013
Cus.:
Import without Payment of Duty for export - failure to export - Penalty u/s 114A was imposable in case duty had not been levied or had been short-levied, etc., by...
August 26, 2013
Cus.:
Correct Classification of Imported Goods - Condensate or Crude Petroleum Oil (CPO) - In the absence of establishing the source of origin of gas condensate the...
August 26, 2013
I.Tax:
Dispute between counsel (CA) and Tribunal - Issue referred to ICAI with a request to take necessary action as per law against Shri Pradeep Kumar Kapoor for his...
August 26, 2013
I.Tax:
Dispute between counsel (CA) and Tribunal - application for either recall or expunge the order sheet entry dated 08/02/2013 - It is for him to take a decision whether he...
August 26, 2013
I.Tax:
Waiver of interest u/s 215 - if the AO is not diligent enough and does not complete the assessment within the said period of one year, any interest liability for the...
August 26, 2013
I.Tax:
When AO had rejected books of accounts u/s 145(3) and this finding of fact has been affirmed consecutively by the two statutory appellate authorities which had then...
August 26, 2013
I.Tax:
Prima facie adjustments - Scope of section 143(1)(a) - While adjudicating an appeal against intimation under sec.143(1)(a) CIT(A) is not empowered to call for further...
August 26, 2013
I.Tax:
Undisclosed income - addition u/s 68 - Undervaluation registration of property - The assessee led substantial evidence to establish that the amount treated to be...
August 26, 2013
I.Tax:
Undisclosed Capital gain - Scope of block assessment proceedings - AO is concerned only with undisclosed income and he has no power to consider material and evidence not...
August 26, 2013
I.Tax:
Rectification or order - Revision of order by Tribunal - Block assessment proceedings - Assesse through settlement commission paid excess tax - Settlement commission...
August 26, 2013
I.Tax:
Deduction u/s 80IB - SSI industry - value of plant and machinery had exceeded Rs.1 crore in subsequent years - The rest of the three conditions are to be fulfilled on...
August 26, 2013
I.Tax:
Notice issued u/s 148 - Transfer of a case - The order passed by CIT transferring jurisdiction from ITO, New Delhi on 04-01-2010, subsequent action of the AO i.e. ITO...
August 26, 2013
VAT:
Condonation of Delay - Delay in filing appeal by revenue - The applicant had attempted to explain the delay which can be attributed to the administrative reasons and...
August 24, 2013
C.Ex.:
Whether after the Commissioner had determined the annual capacity of production the Commissioner could review his order when he was informed that fake certificates were...
August 24, 2013
C.Ex.:
CENVAT credit - fraudulent activity - They had without manufacturing any goods passed on the bogus Cenvat credit by issuing bogus invoices to other manufacturers on the...
August 24, 2013
C.Ex.:
Rectification of mistake in the order - Assessee over the period of 13 years did not take note of or considered whether there was a case on merit or not and was fighting...
August 24, 2013
S.Tax:
Construction of Commercial Complex and Residential Complex - It was very clear that the construction activity was undertaken on the land already registered in the name...
August 24, 2013
S.Tax:
Construction of Commercial Complex and Residential Complex - The new entry introduced on 1.6.2007 only brings in a new method of payment of service tax liability for...
August 24, 2013
S.Tax:
The service provided by the assesse in substituting names of prospective buyers of real estate, in its records, for which it collects transfer charges, does constitute...
August 24, 2013
S.Tax:
Stay - dredging activity - Site formation service - Import of manpower service - it is reasonable to call for re-deposit of Rs.2 crores - stay granted partly. - AT
August 24, 2013
S.Tax:
Renting of property for use in course of furtherance of business or commerce - Bank and BSNL are commercial organizations - as regards the Post Office, the appellant...
August 24, 2013
S.Tax:
Service tax demand u/s 73A – sale of flats - collection of amount towards service tax but not as service tax - contingent liability – appellant took the precaution of...
August 24, 2013
S.Tax:
CENVAT credit - Input Service - total Cenvat credit availed in respect of insurance service, internet access/connection service and website development service was about...
August 24, 2013
Cus.:
Excess duty drawback – allegation of overvaluation - market enquiry was not done with any manufacturer of trouser, That was done with traders without demonstrating...
August 24, 2013
Cus.:
Refund claim - duty paid at the time of import - Assesse filed a Refund Claim on the ground that the imported goods were exempt from payment of Additional Customs Duty -...
August 24, 2013
Cus.:
Non-declaration of Goods – Penalty on the master of the vessel on account of non-declaration - bona fide and inadvertent mistake should not be met with imposition of...
August 24, 2013
Cus.:
100% EOU - Export obligations - Rate of duty on de-bonding - Rate of depreciation of capital goods on debonding - if an exemption was available on complying with certain...
August 24, 2013
I.Tax:
Surrender of Sale (income) - whether unaccounted sundry debtors are part of surrendered sale - Held yes - Assessing Officer was not justified in splitting this...
August 24, 2013
I.Tax:
Addition u/s 68 - Revnue have not asked the purchaser to prove source of the source. The purchaser also in his statement explained the reasons for giving the advance in...
August 24, 2013
I.Tax:
Reference made to TPO - Transfer Price Adjustments (TPA) – Whether Section 92C and 92CA of the income tax act are independent of each other – the words "the said...
August 24, 2013
I.Tax:
Book profit adjustment - MAT u/s 115JB - provision for retirement benefits – As per this clause (f) of section 43B, the expenses of leave encashment are allowable on an...
August 24, 2013
I.Tax:
Rectification of mistake - Tribunal directed AO to recalculate interest u/s 234A, 234B and adjustment of seized amount with advance tax - There is no mistake in the said...
August 24, 2013
I.Tax:
Bank branch classification as ‘Rural’ or ‘Urban’ – Classification as per RBI guidelines or Income Tax provisions - Overriding effect - A place includes a ward of a Gram...
August 24, 2013
I.Tax:
Bank branch classification as ‘Rural’ or ‘Urban’ – Writing off bad debts under section 36(1)(viia) – A bad debt cannot be refused merely because of assessing officer's...
August 24, 2013
I.Tax:
Revision u/s 263 - Erroneous or prejudicial of revenue - AO allowed the Exemption u/s. 10(34) - Insurance business - Dividend income - The order passed by the AO...
August 24, 2013
I.Tax:
Deduction u/s 10B - Benefit to 100% EOU - AO not made an allegation that the assessee has not furnished the details of old and new plant and machinery - existing DTA...
August 24, 2013
I.Tax:
Income assessable u/s 68 cannot be assessed under any particular head of income including income from other sources u/s 56 - Therefore, this addition cannot be set off...
August 24, 2013
I.Tax:
Disallowance u/s 37 - Expenditure on employee's education (son of Directors) - how assessee can say that decision to sponsor education of Employee was not influenced by...
August 24, 2013
I.Tax:
Computation of book profit - MAT u/s 115JA - Treatment of interest income for the purpose of section 80IA and thereafter book adjustment u/s 115JA - there was a nexus...
August 24, 2013
I.Tax:
Addition towards incorrect accounting of stock - maintaining stock for others - while accepting that the assessee is maintaining the stock of material on behalf of...
August 24, 2013
VAT:
Whether sale of DEPB license constitute business and liable to VAT / Sales Tax - Held yes - By use of the expression “any transaction in connection with the business“,...
August 24, 2013
Co.Law:
Winding up – Appointment of Official Liquidator – Transfer of four properties were either made during the pendency of the reference or immediately before or during...
August 23, 2013
C.Ex.:
Belated payment of duty - Restriction on utilizing CENVAT credit - Rule 8 of central excise rules - Department directed the appellant to pay an amount without issuing...
August 23, 2013
C.Ex.:
Refund Claim – Notification No.19/2004 - 100% EOU - Export of goods after clearance to DTA - Non-preparation of statutory document and not following the basic procedure...
August 23, 2013
C.Ex.:
Proof of Export - incompatibility in description - Challenge to show cause notice - it was open for the assesse to produce relevant records, documents and other evidence...
August 23, 2013
C.Ex.:
Recovery of duty - circular dated 1.1.2013 - Circular was incomplete in the sense that unless there was complete mechanism for hearing the stay petitions before period...
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F
: Sec 16(4) Reversal of ITC when 3B is filed belatedly
F
: Addition of unaccounted supplies in the Returns
F
: ITC of FY 2017-18 blocked
F
: Export Services without LUT
F
: QUANTUM OF PENALTY UNDER THE IGST ACT
A
: DISTINCTION BETWEEN DEATH OF PLAINTIFF AND DEFENDANT DURING PENDENCY O...
A
: A Comprehensive Guide to Inter-State and Intra-State Supply
A
: Intermediary Services Nexus with Export of Services
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: Assessment Order not valid when Petitioner could not file reply due to...
C
: Instruction on review of requirement of G-Card holders at a Customs St...
F
: Late claim of ITC -16(4)
F
: Penalty under Section 73(1) of CGST Act, 2017
F
: ONLINE SOFTWARE IMPORT DUTY CALCULATION REG
A
: Supreme Court orders about alleged bogus capital gains on alleged penn...
C
: Verification of authenticity and genuineness of Certificate of Origin ...
H
: Levy of interest and penalty - transition of amount wrongly claimed as...
C
: Acceptance of Electronic Certificate of Origin (e-CoO) issued by the i...
H
: Levy of penalty @200% - e-way bill which was generated by the appellan...
H
: Eligibility for Input Tax Credit - Failure to report outward supply - ...
H
: Seeking cancellation of the GST registration - The case involved a pet...
H
: Reference to Departmental valuation officer [DVO] without first reject...
H
: Validity of reopening of assessment - Validity of grant the approval b...
H
: Validity of reopening of assessment - Petitioner received another noti...
H
: Penalty levied u/s 271(1)(c) - Transfer pricing adjustment - assessee ...
H
: Disallowance of commission paid to foreign agents - The Tribunal uphel...
H
: Penalty u/s. 271(1)(c) - Referring to a precedent set by the Hon’ble S...
H
: Deduction u/s 80IA(4) - Disallowance of project facility expenses - Re...
H
: LTCG - deduction u/s 54 denied - Despite the assessees claim of having...
H
: Validity of assessment framed u/s 143(3) by Non- jurisdictional ITO - ...
H
: Addition u/s 69A - cash loans given by the assessee as unexplained - d...
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