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Highlights / Annotations / Catch Notes For August of 2015
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Showing 301 to 350 of 488 Records
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August 12, 2015
Cus.:
Criminal misconduct by public officer – Forged shipping bills – High Court was not justified in stating that Section 15 of Prevention of Corruption Act, 1988 could not be invoked - SC
August 12, 2015
VAT:
Levy of sales tax / CST on printing of cine wall posters - It was only after 01.04.2005 that all kinds of works contracts were brought within ambit of works contracts as...
August 12, 2015
VAT:
As appellants were not exigible to tax during relevant period, appellants cannot be permitted to retain amount collected by them from their customers as that would...
August 12, 2015
VAT:
Unfair trade practices - high discount on the sale price of the drugs -it is beyond the scope of Commissioner of Sales Tax, to probe - HC
August 12, 2015
Co.Law:
Jurisdiction of Official liquidator - its specific purpose being to protect the pari passu charge of the workmen’s dues. After ensuring that this purpose is achieved or...
August 12, 2015
I.Tax:
TDS u/s 192 - the voluntary foregoing of the income in favour of the religious congregation of which they were members, was an instance of application of income and not...
August 12, 2015
I.Tax:
Method of accounting - according to the Revenue, in respect of all the activities of the assessee, the accounting of income and expenditure should be under the same...
August 12, 2015
I.Tax:
Disallowance made under Section 32AB - Investment deposit account - ITAT deleted disallowance - HThe Assessing Officer does not have jurisdiction to go behind net profit...
August 12, 2015
I.Tax:
Royalty payment to a related person - it is wrong to conclude that that Tarun Mohan being a Director of the respondent was not entitled to enter into an agreement for...
August 12, 2015
I.Tax:
Claim of terminal depreciation - assessee had in fact claimed depreciation as contemplated under section 32 merely because it was termed as "terminal depreciation" was...
August 12, 2015
I.Tax:
Unaccounted gifts - All the donors were the Income-tax assessees. When it is so then the creditworthiness is proved. The amount was reflected in the books of account. -...
August 12, 2015
I.Tax:
Penalty u/s. 271(1)(c) - interest income does not form part of the assessee’s business, the same could not in any case be said to be derived there-from, a condition...
August 12, 2015
I.Tax:
Validity of assessment - CIT(A) had a mistaken belief that issuance of notice u/s 143(2) is an empty formality inspite of the legal position on this statutory mandate - ...
August 12, 2015
I.Tax:
Liability to deduct tax at source u/s 194A on interest paid to NOIDA - payment of interest by banks to the State Industrial Development Authorities does not require any...
August 12, 2015
I.Tax:
Withholding of tax - The software has been purchased from Microsoft, the cost of which has been distributed amongst all the group entities. It is pure case of...
August 12, 2015
I.Tax:
Disallowance of deduction u/s.10B - 100% export oriented unit (EOU) - deduction u/s. 10B cannot be denied to assessee especially when in the last year, same was allowed...
August 12, 2015
I.Tax:
Sale consideration from transfer of property of the Company - whether taxable in the hands of the appellant? - Officers of the Revenue should not try to later advantage...
August 12, 2015
I.Tax:
Eligibility to claim exemption u/s 11 - contribution to chit funds - it is wrong to conclude that assessee has with an intention to earn profit or income made a...
August 12, 2015
Wealth-tax:
Determination of net wealth of assessee - Renting of property - once the rental income from the property is treated as “business income” and the character of the asset...
August 11, 2015
C.Ex.:
Valuation of goods - transportation charges cannot be added to the assessable value as the same are charged by the appellant under separate contracts - AT
August 11, 2015
Cus.:
Refund of amount deposited during Investigation – Delay of 17 years in Adjudication – Commissionerate learnt about the subject show cause notice only on receipt of copy...
August 11, 2015
Cus.:
Classification of goods – Duty Exemption – Whether new seats that were imported for replacing existing seats were said to be for servicing, repair or maintenance of...
August 11, 2015
I.Tax:
Validity of Section 234E challenged - Fee for default in furnishing TDS return/statements - it cannot be held that Section 234E of the Income Tax Act, 1961 suffers from...
August 11, 2015
I.Tax:
TDS liability on "wheeling charges" - whether it did not amount to "fees for technical services" within the meaning of Section 194J? - whether there is any 'rendering of...
August 11, 2015
I.Tax:
Bogus purchases - Merely because the assessee was being prosecuted for keeping the sugar beyond the permissible limit and was trading in the same by sale and purchase on...
August 11, 2015
I.Tax:
Entitlement to the benefit u/s 10B - the profit as per the tax audit report for the entire business activity is 6.14%, when the profit from actual manufacturing activity...
August 11, 2015
I.Tax:
Assessment completed under Section 143(3) r/w. Section 153A - rightly, the assessing officer rejected the belated retraction and proceeded to complete the assessment...
August 11, 2015
I.Tax:
Disallowance of exemption under S.11 - receipt of capitation fee - capitation fee having been received by Shri P.Lakshminarayana Reddy and not by the assessee society,...
August 11, 2015
I.Tax:
Loss incurred on account of forex derivative contracts - Revenue directed to set off of the losses incurred by the assessee on account of forex derivatives contracts...
August 11, 2015
I.Tax:
Addition on net profit figure - In the case on hand the books of accounts have not been rejected. Under those circumstances substituting the book results with a random...
August 11, 2015
I.Tax:
Year of taxability of capital gains - taking possession alone in to consideration for levy of capital gains ignoring the date of agreement and terms of agreement is not...
August 11, 2015
I.Tax:
TDS u/s 194J OR u/s 192 - remuneration to consultants - salary or professional fee - all technocrats and consultants are more than 60 years of age and are in post...
August 11, 2015
I.Tax:
Determination of tax liability - It is a settled position of law that the Revenue cannot insist on recovering the tax on protective assessment of income - AT
August 11, 2015
I.Tax:
Unexplained deposits in the bank - sale of land - Affidavit of assessee is a self serving document, therefore, on the basis of affidavit, the additions made by the AO...
August 10, 2015
Cus.:
Suspension of the courier licences - Illegitimate benefit of duty free Bona fide gifts – Once an authorisation is not produced, the courier agent becomes the importer - HC
August 10, 2015
Cus.:
Demand of customs duty from the courier agency - the burden of showing that the consignment was a bona fide gift falls on the appellant and in the absence of discharge...
August 10, 2015
C.Ex.:
CENVAT Credit - distribution of credit by the Input service distributor (ISD) - Cenvat Credit to the appellant cannot be denied on the ground that input service...
August 10, 2015
C.Ex.:
Denial of SSI Exemption - Manipulation of invoices - Since they have changed the name of the consignee in spite of the fact that the goods were being transported to...
August 10, 2015
C.Ex.:
SSI Exempiton - whether brand name TEGU, registered in the name of the appellant in India, is not sufficient to claim SSI exemption when the same belongs to a German...
August 10, 2015
C.Ex.:
Concessional rate of duty - bubble gum - bubble gum and chewing gum are two different commodities and, therefore, the word "chewing gum" in heading 170410 of the 8 digit...
August 10, 2015
C.Ex.:
Confiscation of the goods and imposition of redemption fine in respect of the seized goods by the Adjudicating authority in de-novo adjudication cannot be sustained. - AT
August 10, 2015
C.Ex.:
Refund - area based exemption - Commencement of production of new product after the cut-of date i.e. 31.12.2005 or increased the capacity of the production - Concast...
August 10, 2015
Cus.:
Levy of Countervailing Duty – Once there was no excise duty on such goods produced domestically question of levying additional duty in form of giving such protection...
August 10, 2015
VAT:
Reversal of input tax credit - ITC claimed by the dealers cannot be reversed under Section 19(1) of TNVAT Act on the ground that the sellers have not paid the tax to...
August 10, 2015
I.Tax:
The receipt in the case of the Assessee is not attributable to transfer of any asset or right and the mere fact that the receipt is not attributable to non-compete...
August 10, 2015
I.Tax:
Tax Audit - prescription of section 44AB of the Act was triggered only after AO rejected the assessee’s methodology of booking profit from its project - aving regard to...
August 10, 2015
I.Tax:
Capital or revenue expenditure - the expenditure incurred by the assessee for the purpose of establishing a new manufacturing unit in China and the expenses incurred...
August 10, 2015
I.Tax:
Penalty u/s 271(1)(c) - it is clear that the departmental authorities are not sure as to which limb of the penalty provision is attracted - no penalty - AT
August 10, 2015
I.Tax:
Computation of annual value - The three flats which could not be sold at the end of the year was shown as stock-in-trade. Estimating rental income by the AO for these...
August 10, 2015
I.Tax:
Computing book profit u/s 115JB - MAT - The net profit disclosed in the Profit and Loss account prepared in accordance with the Companies Act should be the starting...
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: THE ASSESSEE CANNOT BE ABSOLVED OF RESPONSIBILITY TO MONITOR THE GST PORTAL
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: HANDLING LITIGATION (APPEALS) IN GST
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: Levy of GST - Place of supply - Tax imposed on exhibition services rec...
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: Validity of assessment order - The court noted that the audit observat...
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: Validity of assessment order - Best judgment assessment - Disregard to...
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: Validity of reduction of fine and penalty - Jurisdiction of appellate ...
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: Addition u/s 68 - burden of proof - share application money - The High...
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: Revision u/s 263 - Suo moto revisional proceeding initiated - The Gauh...
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: Validity of Faceless assessment of income escaping assessment u/s 151 ...
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: Reopening of Assessment u/s 147 - investment in NCDs unexplained - dif...
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: Validity of special audit u/s 142(2A) - The Jharkhand High Court uphel...
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: Validity of the final assessment order due to non-implementation of th...
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: Addition u/s 68/69A/69B and taxed the same u/s 115BBE - Surrendered in...
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: Set off of loss against income referred to in section 68 r/w.s115BBE -...
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: Addition u/s 69B r.w.s.115BBE - during the course of survey action dis...
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: Revision u/s 263 by CIT - disallowance of provision for nonperforming ...
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: Supply of Services to State owned disaster management entity
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: Reverse Charge Mechanism GST
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: Time barred order
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