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Highlights / Annotations / Catch Notes For August of 2013
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Showing 301 to 350 of 550 Records
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August 16, 2013
I.Tax:
Addition u/s. 40A(2)(b) of the Income Tax Act purely on the ground that the assessee has increased remuneration to its Directors - Remuneration of Rs.30,00,000/-...
August 16, 2013
I.Tax:
Validity of assessment orders - Assessment orders server after expiry of period of limitation - the assessment orders in these cases though made on December 31, 2009,...
August 16, 2013
I.Tax:
Deemed dividend u/s 2(22)(e) - assessee-firm is holding less than 10 percent of shareholding, irrespective of the fact that the shareholding of the firm to whom advance...
August 16, 2013
I.Tax:
Exemption u/s 11 - it is apparent that the assessee’s funds have not been parted away as the FDRs were lying intact in the bank, the assessee has received interest...
August 16, 2013
Co.Law:
Petition for winding up - The e-mails exchanged between the parties would foreclose the scope of the company to dispute any part of the claim. - Subsequent plea on...
August 14, 2013
C.Ex.:
Removal of goods under Rule 4(6) of the Cenvat Credit Rules, 2004 - Sale of goods from the premises of Job worker - permission denied - Once the goods are recognized to...
August 14, 2013
C.Ex.:
Just because there was no entry in the RG-1 register regarding transfer of 10 transformers from the bonded store room to the manufacturing section of the factory for...
August 14, 2013
C.Ex.:
Confiscation of goods under Rules 25 of the CER, 2002 – goods are not entered in RG-I Register, but it cannot be said that by merely not entering in RG-I Register,...
August 14, 2013
S.Tax:
Reverse Charge - even if the service was taxable as ‘Business Support Service’, there will not be any change in tax liability under reverse charge mechanism or any other...
August 14, 2013
S.Tax:
Residential Complex u/s 65(91a) – The new entry uses the very same expressions defined earlier and subjected to tax but a new composition scheme for discharging...
August 14, 2013
S.Tax:
Classification of category under Business Auxiliary Services – SPV formed as a result of agreement between NHAI or State Authority and the concessionaire under the BOT...
August 14, 2013
S.Tax:
Penalty on service tax default section 76 – Failure to pay service tax on GTA service under reverse charge method – only reason stated was that the non-payment of...
August 14, 2013
Cus.:
Foreign Travel Tax (FTT) - Delay in Depositing the amount – Applicant had deliberately contravened the provisions of Section 38(3) of Finance Act, 1979 (FTT) - For these...
August 14, 2013
Cus.:
VEscapement of duty – Hardware and software to be assessed independently on merits whether they imported together or separately - Commissioner had gone beyond the scope...
August 14, 2013
FEMA:
Relevant fact U/s 10 of Evidence Act - In a case a conspiracy if there was reasonable ground to believe that two or more persons have conspired together to commit an...
August 14, 2013
I.Tax:
Application of section 50C of the Act to the transfer of leasehold rights in the industrial plot - Addition made by the AO on the basis of circle rate gathered from...
August 14, 2013
I.Tax:
Reassessment proceedings u/s 147 - Section 40A(3) applies in the case of expenditure claimed by the assessee, but in this case, the assessee did not claim any...
August 14, 2013
I.Tax:
Minimum Alternate Tax (MAT) - Adjustment to book profit u/s 115JB - Adjustment of loss to sick industrial company - A.O. on long drawn process of reasoning should not...
August 14, 2013
I.Tax:
Tax Planning versus Tax Avoidance - Finance Lease / Operating lease - No straight jacket formula can be adopted to say that every case of sale and lease back...
August 14, 2013
I.Tax:
Merely because the Settler of the trust has claimed deduction under section 80G of the Act on the donations made to the assessee Trust, does not merit the cancellation...
August 14, 2013
I.Tax:
Disallowance u/s 36(1) (viia) - creation of reserve for bad debts - in the absence of any extra provision for bad and doubtful debts, having been created by the assessee...
August 14, 2013
I.Tax:
Penalty u/s 271D - violation of section 269SS - Reasonable Cause u/s 273B - The claim of the assessee is that receipt of money by way of cash itself is a reasonable...
August 14, 2013
I.Tax:
Book profit for the purpose of MAT (Minimum alternate Tax) - The lower of the solitary figures of the unabsorbed depreciation or loss brought forward for all the earlier...
August 14, 2013
I.Tax:
Disallowance u/s 14A - Rule 8D is toward estimating the expenditure that can be attributed to the tax exempt income and, thus, could not, in any case, exceed the actual...
August 14, 2013
I.Tax:
Deduction u/s 80IB - Audit report not furnished - interpretation merely permits the assessee to produce the said report even after the date of the filing of the return...
August 14, 2013
VAT:
Constitutional validity - Legislative competence for enhancing transit fee and changing the basis of levy from cubic feat to advalorum between 5% to 15%, on variety of...
August 14, 2013
Co.Law:
Oppression and Mismanagement - Principles of quasi partnership - The private agreements can neither be sought to be enforced nor their breach give any cause of action to...
August 13, 2013
C.Ex.:
Compounded levy - Determination of date of payment - cheque presented by the appellant to the bank on or before last date of the month is treatable as the date of...
August 13, 2013
C.Ex.:
Valuation (Central Excise) - Sale to related parties - the price to the related person cannot be called a non-commercial price since the same was higher than the price...
August 13, 2013
C.Ex.:
Cenvat credit on sugar cess - sugar cess levied and collected cannot be equated with duty of central excise and therefore, cannot be treated to be part and parcel of the...
August 13, 2013
S.Tax:
CENVAT credit - reversal of credit related to trading activity - exempted service or not - no serious infirmity in the process adopted by the adjudicating authority for...
August 13, 2013
S.Tax:
In terms of Section 65A (2)(a) the activities of the assesse generically considered should be attributed to the more specific description of taxable services enumerated...
August 13, 2013
S.Tax:
Classification of Service - Demand for short paid duty – Interest and Penalty – Services to SEZ - Whether the services were in the nature of ‘Manpower Supply’ u/s 65(68)...
August 13, 2013
S.Tax:
Erection, Commissioning and Installation Service - Both the provider of service and recipient of the service are part and parcel of the Government of Maharashtra – thus...
August 13, 2013
Cus.:
Stay application – supply of duty free gas oil to the vessel which is on a foreign run - combined reading of Section 69 and 88 would indicate that once the goods were...
August 13, 2013
Cus.:
Goods whether seconds/ defective or not - Import of Non-alloy Hot-rolled Cut Steel Sheets - ‘nil' basic customs duty - It does not appeal to common sense or logic that...
August 13, 2013
Cus.:
Duty Drawback - Rule 8(2) provides the formula to ascertain value addition as provided under Board Circular No. 14/2003-Cus - the value as per Bill of Entry and Shipping...
August 13, 2013
FEMA:
Detention of property u/s 3(1) - the idea was to forfeit the illegally acquired properties of the convict/detenue irrespective of the fact that such properties were held...
August 13, 2013
I.Tax:
Payment to consignment agents - Non deduction of TDS - Commission versus reimbursement of expenses - Since this condition is not satisfied in the case under...
August 13, 2013
I.Tax:
Reason to believe for income escaping assessment under section 147 - The reasons were such which would impel an ordinary person of reasonable prudence to hold that the...
August 13, 2013
I.Tax:
TDS Credit - Revenue missed out giving credit of the TDS - Revenue directed to take into account the total sum of TDS as is reflected in Form 26AS and after computing...
August 13, 2013
I.Tax:
Deduction under section 80IB - Nature of processing charges received by assessee - Assessee is engaged in the business of manufacturing of agro chemical products and...
August 13, 2013
I.Tax:
Quantum of deduction under Section 80IA is not dependent upon the assessee claiming or not claiming depreciation, because, under Section 80IA the quantum of deduction...
August 13, 2013
I.Tax:
Long Term Capital Gain u/s 45 - transfer u/s 2(47) - vacant land - Possession given by the society to the developer under joint development agreement - irrevocable...
August 13, 2013
I.Tax:
Capital expenditure or Revenue expenditure - Demutualization expenses - It is true that such expansion of the capital base of the company was required to fulfill the...
August 13, 2013
Co.Law:
Proprietor of Trademark – FENA - There can be no concern of confusion with regard to goods and services of the plaintiff outside of Class 3 - Decided in favour of the...
August 12, 2013
C.Ex.:
Clandestine Removal - Numbers are mentioned in the Annexure to Panchnama and therefore it is wrong to say that shortage is based on eye estimation. - AT
August 12, 2013
C.Ex.:
Cenvat credit in respect of input services namely, errection, commissioning and installation, man-power recruitment and civil construction, used in the employees staff...
August 12, 2013
C.Ex.:
Cenvat Credit of Service Tax paid on input service in respect of dismantling/handling of unusable material and its transportation - Activities are basically in relation...
August 12, 2013
C.Ex.:
Waiver of pre-deposit - cenvat credit - duty paying documents - rima facie, the applicant failed to discharge the burden of proof that they received duty paid MS scrap,...
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A
: FILING APPEAL BEFORE SUPREME COURT – LOW TAX EFFECT
F
: Section 17(2) Rule 42
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: Unexplained money u/s 69A - deposits in bank account during the demone...
H
: Cancellation of GST registration of the petitioner with retrospective ...
H
: Penalty proceedings u/s 270A - Applicable rate of penalty - The Appell...
H
: Exemption u/s 11 - assessee has not e-filed or not filed return within...
H
: Penalty u/s. 270A - Under-reporting of income / Mis-reporting - Intere...
H
: Eligibility of exemption u/s 80P(2)(a)(i) or u/s 80P(2)(d) - interest ...
H
: Deduction claimed u/s. 80P(2)(a)(i) - Status showing as AOP and not me...
C
: Relaxation in requirement of intimation of changes in the terms of Pri...
F
: Sec 16(4) Reversal of ITC when 3B is filed belatedly
H
: LTCG - year of assessment - The Tribunal noted discrepancies in the ye...
H
: Taxation on gains arising out of compulsory acquisitions - Admission o...
H
: Revision u/s 263 - Additions u/s 69 r.w.s. 115BBE - excess stock found...
H
: Imposition of penalties u/s 114 (iii) and 114A on employees / manager ...
H
: Revocation of the Customs Brokers’ licence - non-existent entities...
H
: Import of Internal Remote Electrical Tilt Switches (iRET) - benefit of...
H
: Smuggling - Prohibited goods - confiscation of cigarettes containers c...
H
: Revocation of Customs Brokers’ licence - Non-existent exporters have a...
A
: APPOINTMENT OF INDEPENDENT DIRECTOR OVER 75 YEARS OF AGE
A
: RECENT DEVELOPMENTS IN GST
A
: Section 115BBE is prospective held by the Supreme Court
A
: A Guide for Types Of Leaves and Law policies for Employees in India
C
: Corrigendum to Public Notice No.01/2024 dated 9th April, 2024 on modif...
F
: sales Against 0.1% GST- if export not done within 90 Days
F
: Composition scheme
A
: A Simple Analysis of Duty Drawback
A
: Can a Registered Person claim an Input Tax Credit of IGST whose Place ...
A
: ADDITIONAL GROUNDS OF APPEAL AND ORDER IN APPEAL IN GST
A
: Know the Challenges and Issues with GST
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