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Highlights / Annotations / Catch Notes For August of 2013
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August
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Showing 351 to 400 of 550 Records
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August 12, 2013
C.Ex.:
Cenvat Credit – setting of paint shop - items were used in the factory for fabrication and erection of paint shop, which being fixed to the earth structure, is not...
August 12, 2013
S.Tax:
Construction of Complex Service u/s 65 (105) (zzzh) and Taxable Service u/s 65 (91a) – The fact that individual residential units were for residential use of the...
August 12, 2013
S.Tax:
Broadcasting Service – CENVAT credit input services - service tax paid towards telecast fee - assesse had made out a good prima facie case on merit - stay granted - AT
August 12, 2013
S.Tax:
Revenue Sharing agreement - franchise agreement - There is no dispute that the service tax is sought to be charged on 25% of the amount of tuition fee being received by...
August 12, 2013
S.Tax:
Adjustment of service tax liability under Rule 6(3) - refund of amount received towards taxable services - The contention that credits made in the books of accounts of...
August 12, 2013
S.Tax:
Business Auxiliary Services – Job Work - The word 'processing' was included in the definition only with effect from 16.06.2005 - it is not legal on part on revenue to...
August 12, 2013
S.Tax:
Clearing and Forwarding Agency Service – Essential character of service is C&FA service and therefore service was classifiable under C&FA service - storage of frozen...
August 12, 2013
Cus.:
Extended period of limitation - Apart from the fact that there was difference of opinion even in the Department, the fact remains that the department officials had been...
August 12, 2013
Cus.:
Jurisdiction on the Settlement Commission - On a careful reading of Sections 127(A) and 127(B) the Revenue’s contention that since the applicant had not filed bill of...
August 12, 2013
Cus.:
Mis-declaration of Goods - Prosecution - Criminal proceedings - Assesse had produced the fabricated certificate to show the country of origin as Malaysian origin instead...
August 12, 2013
I.Tax:
Claim of interest u/s 36(1)(iii) - AO cannot force the assessee to earn interest income or save interest expenses for running the business. - The Assessing Officer was...
August 12, 2013
I.Tax:
Arm Length Price adjustment – The very foundation of addition in arm's length price on account of excess credit period is devoid of any legally sustainable merits or...
August 12, 2013
I.Tax:
Deduction u/s 10(23C)(iiiad) - Assessee claimed deduction u/s 11 and 12 but CIT allowed deduction u/s 10(23C)(iiiad) also - CIT(A) has given specific finding that the...
August 12, 2013
I.Tax:
CIT failed to discharge his statutory duty and instead of taking a clear call and demonstrating errors made by assessing officer and prejudice caused to the revenue, the...
August 12, 2013
I.Tax:
Difference between amount shown in agreement to sale and sale deed - Addition u/s 69 - Even if it is assumed to be so, unless it is proved that the agreement was acted...
August 12, 2013
I.Tax:
Expenditure u/s 37(1) - lottery business - commission - there was nothing illegal about carrying on the lottery business or mobilizing opinion for continuation of sale...
August 12, 2013
I.Tax:
Penalty u/s 271(1)(c) - Computation of book profit not done u/s 115JB - There was definitely a failure on the part of the assessee to furnish particulars necessary for...
August 12, 2013
I.Tax:
Addition u/s 68 - Corpus donation - To strengthen the claim of the assessee regarding the genuineness of the corpus donation further documents like bank statement of the...
August 12, 2013
I.Tax:
Addition u/s 69C - Low withdrawals for household expenses - AO did not point out any specific circumstances by which he assumed that assessee had made low withdrawals as...
August 12, 2013
I.Tax:
The stand of the AO is that assessee should have used its own fund instead of interest bearing borrowings for running the business. - AO cannot force the assessee to...
August 12, 2013
VAT:
Carry forward of excess tax - Petitioner paid amount in excess of tax liability - Authority denied carrying forward of tax - There appears no rationale on the part of...
August 12, 2013
Co.Law:
Pledgee’s and Pledgor’s Rights and duties u/s 176 - The provisions of the section were mandatory and cannot be over-ridden by any contract to the contrary - The section...
August 10, 2013
C.Ex.:
Exemption of not printing MRP as per provisions of Rule 26 of LMPC Rules - Writ petition in the absence of the petitioner's cooperation in leading evidence on which he...
August 10, 2013
C.Ex.:
Limitation period for issue of recovery notice under section 11D - The show-cause notice was issued and served beyond the extended period of five years, the action of...
August 10, 2013
C.Ex.:
Interest on refund under section 11BB of the Central Excise Act - There has been a delay of considerable period in returning the amount after the Appellate Tribunal held...
August 10, 2013
C.Ex.:
Benefit of Notification No.108/95-CE dt. 28.8.1995 - Demand can be confirmed only based on a specific finding that the goods were removed outside the project and not...
August 10, 2013
S.Tax:
Forwarding Agents u/s 65(a) - Clearing and Forwarding Services u/s 65(a) - Department itself was not certain about the head under which the transaction character would...
August 10, 2013
S.Tax:
Construction of Residential Complexes – Service tax liability cannot be determined based on what the assesse calls itself, whether as a builder, a developer, a promoter...
August 10, 2013
S.Tax:
Goods Transport Agency u/s 65 (105) (zzp) – A person becomes Goods Transport Agency only if he issued the consignment note - The rule says that if the person was a Goods...
August 10, 2013
S.Tax:
Construction of Residential Complexes u/s 65 (91a) – The Police Housing Corporation appears to have worked as an extended arm of the Government – the houses that were...
August 10, 2013
S.Tax:
Revision of order by the commissioner Section 84 – clearing and forwarding agent services section 65(23) – one of the conditions mentioned in section 84 (ii) is not...
August 10, 2013
S.Tax:
C&F Agent - the only activity done by him is (a) providing labour for unloading of the goods at the rail heads, loading into the trucks for transport from rail-head to...
August 10, 2013
Indian Laws:
In view of the provisions of Amending Act 36 of 1987 offence under the Act having been made cognizable police officers though not notified as Inspector under the...
August 10, 2013
Cus.:
Jurisdiction and Power of Enforcement Committee - Whether the recommendations made by the Enforcement Committee to the Director-General of Foreign Trade was valid - In...
August 10, 2013
Cus.:
Refund of SAD – Benefit of Notification No. 102/2007 - teak wood logs were cut into small pieces and sold in the market – identity of the article did not undergo any...
August 10, 2013
Cus.:
Classification of goods – VIVITEK Projectors - the projectors merely having additional function cannot be a ground for classifying it other than 85286100 - they cannot...
August 10, 2013
I.Tax:
TDS - payments made to the banks on account of utilization of credit card facilities would be in the nature of bank charges and not in the nature of commission within...
August 10, 2013
I.Tax:
Disallowance of interest on advances given for capital assets - after 1.4.2004 if the interest expenditure has been incurred for the purpose of acquisition of capital...
August 10, 2013
I.Tax:
Capital expenditure - Disallowance of Expenditure on machines - Spare part or machine itself - No material has been brought to show by the revenue that the TUP is not a spare part - AT
August 10, 2013
I.Tax:
Income u/s 158BA - Block assessment - If the principal amount is not considered as undisclosed income, the interest accrued thereon cannot be construed as undisclosed...
August 10, 2013
I.Tax:
Income u/s 158BA - Last date for filing returns was not yet over. - As he had an opportunity to file returns disclosing the said income, it cannot be said that it...
August 10, 2013
I.Tax:
Disallowance due to non deduction of TDS - Tribunal [2012 (4) TMI 290 - ITAT VISAKHAPATNAM] held that the provisions of section 40(a)(ia) applies only to that...
August 10, 2013
I.Tax:
Notice u/s 148 - Assessing Officer can form an independent opinion on an issue which may have been brought to his/her notice by the audit party and seek to reopen the...
August 10, 2013
I.Tax:
Notice u/s 148 - The Department without ever questioning filing of such returns before a wrong officer, having accepted the tax paid under such returns, now cannot be...
August 10, 2013
I.Tax:
Notice u/s 148 - If the reopening is sustainable on one issue, even if on the other issue the exercise of power under section 147 of the Act is not justified, it would...
August 10, 2013
I.Tax:
Notice u/s 148 - The court while considering a challenge to the reopening of assessment can always examine the existence of the belief but the sufficiency of the reasons...
August 10, 2013
I.Tax:
Deduction of additional deduction - The use of electricity in the manufacturing activity of the core business of the assessee is not a precondition for the grant of...
August 10, 2013
I.Tax:
Transfer pricing Adjustment u/s 92CA - The TPO has clearly erred in arriving at the revenues - The TPO has to reduce sales returns against sales in all the steps and...
August 10, 2013
I.Tax:
Deduction u/s 80IC - It cannot be accepted that the assessee should be manufacturing all the components. Further merely showing that that the profits are on higher side,...
August 10, 2013
I.Tax:
Computation of Capital gains u/s 50 - deduction of notional depreciation on unused assets - When assets not is use no notional depreciation - Section 50 nowhere...
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Quick Updates:
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H
: Validity Of Order passed u/s 73 - cryptic order - The High Court found...
H
: Validity Of Order passed u/s 73 - Denial of ITC with respect to the su...
F
: PAYMENT TO CINE OR TV ARTISTS. LIABILITY UNDER RCM
H
: Demand of late fee u/s 47(1) of the CGST / SGST Act - delay in filing ...
H
: Transitional credit - Unutilized amount of Advanced VAT paid - The cou...
H
: Validity of Reassessment notices issued unsigned - maintainability of ...
H
: Unexplained cash credit u/s 68 - The Court highlighted that transactio...
H
: LTCG - Receipt of additional amount towards TDR - treatment to receipt...
H
: Validity of Assessment order u/s 147 r.w.s. 144B - Procedural Irregula...
C
: Extension of due date for filing of Form No. 10A/10AB under the Income...
H
: Condonation of delay - substantial delay of 166 days before ITAT - The...
H
: Income deemed to accrue or arise in India - Attribution of Profit to p...
H
: Condonation of delay - Delay in filling of an appeal before ITAT - The...
H
: LTCG - Determination of Fair Market Value (FMV) - The Assessing Office...
N
: Export of 2,000 MT of White Onion under Code 0703 10 19
F
: Sec 16(4) Reversal of ITC when 3B is filed belatedly
C
: Ease of Doing Business: Text on Contract Note with respect to Fit and ...
H
: Rejection of application for registration u/s 12AA(1)(ac)(iii) r.w.s 8...
H
: Estimation of income - bogus purchases - The Tribunal recognized the a...
H
: Penalty u/s 270A - allegation of misreporting as per section 270A(9) -...
A
: REFUND OF ITC ON EXPORT OF GOODS WITHOUT PAYMENT OF TAX – RULE 89(4) O...
A
: FILING APPEAL AS PER THE DIRECTIONS OF HIGH COURT
A
: Understand the Contrasts between Government and Public Limited Companies
A
: PIL challenging provisions of 101st Constitutional Amendment Act relat...
N
: Exemption from specified income U/s 10(46) – ‘Kerala Autorickshaw Work...
C
: Unauthorised foreign exchange transactions
A
: Excess or Short Payment of Customs Duty on Import of goods into India
A
: AVAILABILITY OF GOOD FAITH CLAUSE IN SECTION 157 OF THE GST ACT TO THE...
A
: Understanding the Scope of Accounting.
A
: GST not payable on amount recovered from permanent employees for cante...
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Highlights August August 2013 Year 2013
