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Highlights / Annotations / Catch Notes For August of 2013
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August
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Showing 151 to 200 of 550 Records
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August 23, 2013
C.Ex.:
Evasion of Duty - Revenue was of the view that the assesse manufactured and supplied the components/parts of Railway wagon without payment of duty to different units of...
August 23, 2013
C.Ex.:
Compounded levy - Notification No. 10/2010 - The packing machine used for packing of filter khaini pouches/pillows/sachets can not be considered to be notified item and...
August 23, 2013
S.Tax:
Works Contract Services - Prima facie the Applicant was required to intimate the Department stating that they would be paying service tax @4% instead of 12%/10% by...
August 23, 2013
S.Tax:
Management, Maintenance and Repair Service u/s 65 (105) (zzg) - The assesse was doing maintenance and repair activity for such common facilities - pplicant to make a...
August 23, 2013
S.Tax:
Storage and warehousing services - Storage of crude oil is only incidental to the main activity of transportation and the vessels are hired only when pumping of crude...
August 23, 2013
S.Tax:
Service tax demand rent a cab services export of services - secondary service which are used by the primary service provider - Prima facie case in favor of assessee...
August 23, 2013
S.Tax:
Import of service - Section 66A(2) - project office is not doing any work other than the work relating to the project and would get wound up once the project is...
August 23, 2013
Cus.:
Liability of AAI for goods misplaced or stolen - the goods belonging to the plaintiff (importer) went missing while they were in the care and custody of the defendant...
August 23, 2013
Cus.:
Disguised Attempt to Export - Department was of the view that assesse had attempted to export 166 MTs of Muriate of Potash in the guise of industrial salt - Assesse was...
August 23, 2013
Cus.:
Mis-declaration of description of goods export of non-basmati rice as basmati rice - no leniency can be made to reduce redemption fine - AT
August 23, 2013
Cus.:
Stay application Revenue contended that the CHA had facilitated in clearing the consignments on the basis of forged/tampered licences. - forged/tampered documents not...
August 23, 2013
Cus.:
Export obligation - failure to produce the evidence of fulfillment of export obligation within 30 days - only fault at the end of the party was that they had failed in...
August 23, 2013
I.Tax:
Period of Limitation in passing the assessment order dated 31.12.2004 for the assessment years 1998-99 to 2002-03 - Petitioner was fully aware that the limitation for...
August 23, 2013
I.Tax:
Exemption of the amount received as royalty/consultancy charges under Section 80HH and Section 80-I of the Act - the consultancy has no nexus with the objects as...
August 23, 2013
I.Tax:
Block assessment - Block period - Addition on account undisclosed investment based on diary of the assessee - The money so advanced will tantamount to be the investment...
August 23, 2013
I.Tax:
Legality of search & seizure operations mere possession of money, bullion, jewellery or such valuable article or thing per-se would not be sufficient to enable the...
August 23, 2013
I.Tax:
The issue as to whether the said unit is eligible for deduction u/s 80IB of the Act or not is required to be established with reference to the initial year and the onus...
August 23, 2013
I.Tax:
Section 50-C of the Act cannot be applied to the sale agreements entered into before the introduction of the said provisions i.e before 1-4-2003 especially when delay in...
August 23, 2013
I.Tax:
Bad debts - It is understandable that assessee was constrained to write off the advances as the same were not recoverable on account of losses suffered by the...
August 23, 2013
I.Tax:
Whether discount on issue of Employee Stock Options is allowable as deduction in computing the income under the head profits and gains of business? - Held Yes - AT
August 23, 2013
I.Tax:
Disallowance of depreciation - Assets leased to Western Railways -It is not proved that assessee is only a financer and is not interested in the assets and therefore, it...
August 23, 2013
I.Tax:
Deduction of consultancy fees - film production - payment of consultancy fees allowable as deduction even though the execution of the contract work for film production...
August 23, 2013
I.Tax:
Penalty u/s 271(1)(c) - It is well settled principles of law that when profit is estimated there cannot be any inference that the assessee has concealed the income or...
August 23, 2013
I.Tax:
Valuation u/s 50C - A.O. rejected valuation done by Govt. valuer - valuation done by the government approved valuer cannot be brushed aside, as it has been done by a...
August 23, 2013
I.Tax:
Penalty u/s 271AAA - assessee was asked to explain the entries in the 'work-in-progress sheet' - assessee was not asked about the manner in which such income was earned...
August 23, 2013
I.Tax:
Valuation - Section 50C - D.V.O. is correct in estimating the value of the plot as per the building byelaws of Agra Development Authority because that plot is having...
August 23, 2013
Wealth-tax:
Penalty u/s 18(1)(c) - wealth tax - For claiming an exemption assesse had to include the asset in the return - Without including the same in the return filed it cannot...
August 23, 2013
VAT:
Detention of Goods - UPVAT - transport of the goods from Delhi to Orissa - Transit Declaration Form - The inference that the goods may likely to be unloaded inside the...
August 22, 2013
C.Ex.:
Refund Claim of Duty - Unjust enrichment - finalization of provisional assessment - any recovery or refund consequent upon adjustment under Sub-rule (5) of Rule 9B is...
August 22, 2013
C.Ex.:
Modvat / Cenvat Credit - Classification of Goods - credit would be applicable to all components, spares and accessories of the specified goods, irrespective of their...
August 22, 2013
C.Ex.:
Petitioner paid lesser duty on domestic product and higher duty on export product which was not payable - Assessee not entitled for refund thereof in cash regardless of...
August 22, 2013
C.Ex.:
Application of Rule 6(3) of the Cenvat Credit Rules, 2004 - There is no percentage fixed in the Cenvat Credit Rules to decide that if dutiable goods are much below that...
August 22, 2013
C.Ex.:
Packing material used outside factory i.e. Depot - packing material (extra carton etc.) not used in the factory of production - Credit in respect of these cartons will...
August 22, 2013
C.Ex.:
As per Notification 14/2002 the Mahape unit has cleared the goods after satisfying the condition i.e in availing CENVAT credit on inputs/capital goods. Therefore, goods...
August 22, 2013
S.Tax:
Commercial or Industrial Construction Service u/s 65(105)(zzq) - assessee under a bona fide belief that ultimately the marketing complex would be used for the persons,...
August 22, 2013
S.Tax:
Manner of Service of Notice - Sending show-cause notice through courier was not an approved mode of service envisaged under Section 37C of the Central Excise Act, 1944...
August 22, 2013
S.Tax:
Input Service Credit Mandap Keeper Service - the annual day function of the appellant company is an integral part of the business activity - credit allowed - AT
August 22, 2013
S.Tax:
Manufacture or Business Auxiliary Service - multi piece packaging - The definition covers not only packing but also re-packing - multi-piece packaging is done on the...
August 22, 2013
Cus.:
Short Landing of Goods - The petitioner as a steamer agent files an Import General Manifest and represents before the customs authorities as an agent of the shipper and...
August 22, 2013
S.Tax:
Sponsorship whether liable for service tax or not - sponsorship of the IPL matches - Fundamental premises of the adjudication authority are misconceived and...
August 22, 2013
Cus.:
Validity of Confiscation order - Goods are prima facie eligible for benefit of Notification No.1/2011-Cus Extending the notification and acknowledges the fact that the...
August 22, 2013
Cus.:
Valuation of imported goods - If the cost of technical know-how payment of royalty had no nexus with the working of the imported goods then such payment was not...
August 22, 2013
FEMA:
Entitlement for Cross Examination it was not possible to lay down any rigid rules as to when in compliance of principles of natural justice opportunity to...
August 22, 2013
I.Tax:
Failure to obtain PAN and Quote PAN of deductees as provided u/s 139-A(5B) - TDS returns / certificates - Penalty u/s 272B - Relied u/s 273B - There is no revenue loss...
August 22, 2013
I.Tax:
TDS u/s 194I of the Income Tax Act - Lease premium - lumpsum payment - assessee has capitalized the lease premium in its books of accounts and treated the same as...
August 22, 2013
I.Tax:
Deduction u/s 80IB - Two approvals one as commercial and one as housing - There is no definition of housing project in the provisions and there can be more than one...
August 22, 2013
I.Tax:
Land sold is agricultural land or it is to be treated as a capital asset in the terms of section 2(14) of the Act Even if no agricultural production was done by the...
August 22, 2013
I.Tax:
TPO has imputed a very large T.P. adjustment in respect of AMP expenses on the basis that the said expenses incurred by the assessee year after year since 1982 have...
August 22, 2013
I.Tax:
Penalty u/s 271AAA - Immunity - Penalty where search has been initiated - Once a time limit for payment of tax and interest has not been set out by the statute, it...
August 22, 2013
I.Tax:
Addition on account of bogus sale - accommodation entries - Assessee has failed to produce any credible evidence to establish that cash sales were effected of brass...
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: Liquidation of corporate Debtor - Eligibility of the Appellant to subm...
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: Section 17(2) Rule 42
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: Export Services without LUT
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: A Comprehensive Guide to Inter-State and Intra-State Supply
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