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Highlights / Annotations / Catch Notes For August of 2013
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August
August 2013
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Showing 201 to 250 of 550 Records
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August 22, 2013
I.Tax:
Bogus purchase - AO has not issued the letters u/s. 133(6) on the correct address supplied by the assessee. Therefore, no fault could be found with the explanation of...
August 22, 2013
I.Tax:
Cancellation of registration provided u/s 12AA of the IT Act, as a charitable institution – CIT did not give any such finding that the assessee's activities are not...
August 22, 2013
I.Tax:
Amount paid to the Registrar of Companies, as filing fee for enhancement of capital was not revenue expenditure - AT
August 22, 2013
I.Tax:
Specified intangible assets acquired under slump sale agreement were in the nature of “business or commercial rights of similar nature” specified in Section 32(1)(ii)...
August 22, 2013
I.Tax:
Depreciation on intangible asset - assessee has succeeded in its substantive claim of depreciation on 'License to collect Toll' @ 25% in terms of Section 32(1)(ii) - AT
August 22, 2013
I.Tax:
Deduction u/s 80IC - Manufacturing activity - assessee is invoicing majority of finished goods from Dehradun whereas that substantial production is carried out at...
August 22, 2013
I.Tax:
TDS u/s 194H - The commission retained by the credit card company is therefore in the nature of normal bank charges and not in the nature of commission/brokerage for...
August 22, 2013
I.Tax:
Benefit of DTAA between India and UAE - whether time charter and hiring of slots fell within the Article 8 of the Treaty or not. - Simply because there is no tax...
August 22, 2013
VAT:
Whether amendment by inserting Section 19(20) to Tamil Nadu Value Added Tax reversing the amount of the input tax credit over and above the output tax of those credit...
August 22, 2013
Co.Law:
Winding up u/s 433(e) r.w 434(1)(a) - Inability to pay Debts -The order of winding up of the company to be kept in abeyance for a period of eight weeks to give JIL one...
August 21, 2013
C.Ex.:
Recovery of demand from successor of Unit - Priority of dues - the notice of the Excise Department calling upon the appellant to pay the dues of the erstwhile owner of...
August 21, 2013
C.Ex.:
Rebate claim - by virtue of sub-rule (1) of Rule 6 of Cenvat Credit Rules, 2004 the assesses were not entitled for Cenvat credit on inputs used in manufacture of...
August 21, 2013
C.Ex.:
Manufacture u/s 2(f) - manufacturing of stainless steel from metal scrap - Processing of raw material into 'blended metal scrap' - Sorting grade wise -...
August 21, 2013
C.Ex.:
Classification of goods - disposable aluminum foil casserole tray dish – as the decision of Hon'ble South Africa Supreme Court was based upon the opinion of the...
August 21, 2013
S.Tax:
Service Tax on erection, commissioning and installation services -Noticee themselves did not get themselves registered in time, did not get themselves registered for all...
August 21, 2013
S.Tax:
Ad-hoc cargo and Deposit Account - levy of service tax on receipt of advance - service tax already deposited on accrual basis - stay granted. - AT
August 21, 2013
S.Tax:
Clearing and forwarding services Section 65(105)(j) – from the terms and conditions entered into by the appellant, it is clear that the appellant was acting as a...
August 21, 2013
S.Tax:
Imposition of penalty Section 76 – The claim that they came to know about the service tax liability only after investigation by the department – no reason to interfere...
August 21, 2013
S.Tax:
CENVAT credit on telecommunication service - main issue involved is whether the tower on which the antenna is mounted by the applicants would constitute capital goods...
August 21, 2013
Cus.:
Enhancement of Assessable Value –Smuggling of Goods u/s 2(39) – Since no licence was produced by assesse even in Tribunal, those goods were smuggled goods under section...
August 21, 2013
Cus.:
Once the goods are held to be smuggled goods under section 2 (39) of Customs Act, 1962, there was no scope at all to interfere to the adjudication- AT
August 21, 2013
I.Tax:
Unascertained liability - Assessee has deducted the tax during the previous year relevant to the assessment year in question, the conditionality of Section 40(a)(i)...
August 21, 2013
I.Tax:
Best judgement assessment - Failure to furnish statement - Applicability of Sub-clause (a) of section 144(1) - No merit in the plea of the assessee that the assessment...
August 21, 2013
I.Tax:
Valuation of Closing stock - Obligation to handover the built up area admeasuring 1797.25 sq.mtr. was on the assessee from the very beginning. At the end of the year,...
August 21, 2013
I.Tax:
Application of section 50C and 43CA of the Income Tax Act - stamp duty valuation – the provisions of section 43CA cannot apply to substitute the actual sale...
August 21, 2013
I.Tax:
Taxable event - Completion of contract - profit on sale of the flats - Advance received from VGP which in fact is the sale proceeds of the flats, on completion of the...
August 21, 2013
I.Tax:
Exemption u/s 10(23C)(iiiad) - substantial govt aid - the percentage of grants in aid with respect to total receipts are more than 34.33% considered by the Hon'ble...
August 21, 2013
I.Tax:
Set off of business losses - The expression “any“ business clearly includes all businesses, without making any distinction between speculation and non-speculation...
August 21, 2013
I.Tax:
Penalty u/s. 271(1)(c) - assessee did not revise the statement of brought forward (or carry forward) loss/es even after the receipt of the appellate order for A.Y....
August 21, 2013
I.Tax:
Cancellation of registration granted to a Charitable Trust u/s 12A - The CIT by his own motion added one more condition in section 12AA (3) that the object of the...
August 21, 2013
I.Tax:
Capital receipt or Revenue receipt - Entertainment tax subsidy - there was no obligation on assessee to utilize it for any specific purpose will not be hit by...
August 21, 2013
VAT:
Classification - ink jet cartridges and toner cartridges were parts and accessories of printer which is a peripheral to a computer system and would be covered under...
August 21, 2013
Co.Law:
Petition for Winding up – Demurrage Charges - Winding up petition was not a legitimate means to seek enforcement of a debt which was genuinely and bona fide disputed by...
August 19, 2013
C.Ex.:
Explosives as Inputs – Eligibility for MODVAT - Whether the Explosives used in mines for blasting lime stone can be considered as inputs eligible for credit - MODVAT...
August 19, 2013
C.Ex.:
Classification of Goods - Re-testing of Goods - The application may not be rejected on the ground that the testing was done by Government recognized independent labs,...
August 19, 2013
S.Tax:
Cenvat credit of service tax - Rule 4(7) - Proportionate credit equal to amount received - certain amount withheld by the recipient of services while making payment to...
August 19, 2013
S.Tax:
Whether in exercise of powers u/s 35C of the Act and while remanding the matter back to the original adjudicating authority, the Appellate Tribunal can issue direction...
August 19, 2013
S.Tax:
Commercial or Industrial Construction Service u/s 65(30a)(b) - In view of the specific exclusion of ‘railways' from commercial and industrial construction service - the...
August 19, 2013
S.Tax:
Club or Association Services - holiday and leisure service - collection of room rental from non-members - Interest of installment sales – prima facie case against the...
August 19, 2013
S.Tax:
Sale of space or time for advertisement section 65(105) (zzzm) – Whether magazine is a print media are not liable to pay any Service Tax - stay granted - AT
August 19, 2013
S.Tax:
CENVAT credit - Rule 6(3) - trading activity - leasing services - trading was not either the most reasonable conclusion was that credit could not have been taken at...
August 19, 2013
Cus.:
Clearance of the Goods for exportation as per Section 51 - The goods did not go outside the territory of India, it could not be said that there could have been any...
August 19, 2013
Cus.:
Remission of Duty - Shortage of Goods - Section 23 of the Customs Act, 1962 - shortage was genuine and did not occur due to negligence, such losses occurred due to...
August 19, 2013
Cus.:
Merely because there had been a delay in the realization of export proceeds the Department’s conclusion that the entire transaction was a sham one had no basis and had...
August 19, 2013
Cus.:
Benefit of Notification No.25/99 - Duty liability for shortage of the quantity imported by availing the benefit of Notification No. 25/99(Cus) read with Customs (Import...
August 19, 2013
Cus.:
Import of low quality rough diamonds - prohibited goods - the extent of over-valuation which if allowed would have resulted in repatriation of foreign currency itself...
August 19, 2013
FEMA:
Whether the petitioner, who returned to India after six (6) years from Saudi Arabia, ought to have been granted the same facilities qua his bank accounts maintained with...
August 19, 2013
Indian Laws:
Application under RTI Act – Vigilance Manual of the Directorate of Vigilance and Anti-Corruption (DVAC) - Respondent was entitled to have the manual of the DVAC - The...
August 19, 2013
I.Tax:
Depreciation u/s 32 – Plant ready for used but not used in actual due to unavailability of raw-material – business was a going concern and the machinery could not be...
August 19, 2013
I.Tax:
Special audit u/s 142(2A) – assessee has submitted copy of ledger account in 5 volumes but supporting vouchers of receipts and payment has not been submitted on the...
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