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Highlights / Annotations / Catch Notes For August of 2016
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Showing 1 to 50 of 434 Records
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August 31, 2016
S.Tax:
90% exemption / abatement from service tax for a period of one year for Transport of passengers, with or without accompanied belongings, by air, embarking from or...
August 31, 2016
S.Tax:
Non fulfilling the obligation to deposit the collected tax to the Government of India - No reason to disbelieve their claim of inability to pay tax owing to lack of...
August 31, 2016
S.Tax:
Demand of Service Tax in respect of the same transaction on the ground that the deposit of Service Tax was under a different category whereas a different category of...
August 31, 2016
S.Tax:
Commercial and Industrial Construction Services - confirmation of tax liability on the appellant on a category which is not alleged in the show-cause notice is...
August 31, 2016
Cus.:
Valuation - if it is found that the royalty payment shown in the Books of Account is not related to the present transaction and related to some other transaction, the...
August 31, 2016
VAT:
Levying tax at 4/5% on the contractee - if the petitioner furnishes proof of payment of tax by the contractors on the very same turnover, to then consider whether tax...
August 31, 2016
C.Ex.:
Cenvat credit - duty paid goods cleared on their own invoices received back due to defect/rejection - no procedure such as making application or taking permission is...
August 31, 2016
C.Ex.:
Exemption from E. Cess and S.H.E. Cess under Notifications No. 28 and 29/2010 both dated 22.06.2010 is applicable only with respect to Clean Energy Cess levied under the...
August 31, 2016
C.Ex.:
Unjust enrichment - Refund claim - the amount was deposited by the appellant on the direction of the appellate authorities. - question of unjust enrichment does not arise - AT
August 31, 2016
C.Ex.:
Cenvat credit - various light fittings and fixtures were brought into the factory after duty payment and were installed for the intended purposes. To call these items as...
August 31, 2016
Indian Laws:
Guarantee executed by the defendant - period of limitation extended on account of the acknowledgement of debt, in terms of Section 19 of the Limitation Act, 1963 - as...
August 31, 2016
I.Tax:
Addition u/s 145A - inclusion of service tax as part of trading receipts - ection 145A of the Act would have no application in cases where service is provided by the Assessee - HC
August 31, 2016
I.Tax:
Depreciation - prior to ending of the relevant financial year, though the assessee had an opportunity to take possession of the property for the purpose of fit-outs, he...
August 31, 2016
I.Tax:
Loss on account of foreign currency forward/option contracts - It is only at the year end that one can still reconcile the hedging transactions with the actual exposure...
August 31, 2016
I.Tax:
Claim for depreciation on the leased vehicles - the finding by the ld. CIT(A) of the character of the lease as an operating lease cannot, under the circumstances, be...
August 31, 2016
I.Tax:
Exemption u/sec. 54F - net consideration computation to be invested or value fixed u/s 50C as stamp valuation - Under provisions of Sec. 54F of the Act, net...
August 30, 2016
VAT:
Classification - Product prawn feed - The legislature providing for exemption of such product from payment of tax does not necessarily and by itself imply that the...
August 30, 2016
C.Ex.:
Refund claim - reduction in value - credit notes raised by the Assessee subsequent to the sale/removal of goods - trade discounts given to its buyers including the...
August 30, 2016
C.Ex.:
Invokation of extended period of limitation - appellant has wrongly arrived at the valuation of the pipes cleared by them on the cost construction method rather the...
August 30, 2016
C.Ex.:
Duty liability - parts of dumpers and others imported, further repacked and labelled by the appellant and sold - whether the items/parts which are repacked are parts of...
August 30, 2016
C.Ex.:
Classification - Lever Ayush Poshak Rasayan and Lever Rakshak Rasayan - based on the quotes from Explanatory Notes to HSN, it is clear that the subject items are in the...
August 30, 2016
C.Ex.:
The process of mixing base paint with tinter amounts to manufacture and is liable to payment of duty at the depot. - AT
August 30, 2016
C.Ex.:
Cenvat credit - excess electricity sold to state govt. - The factum of consumption of electricity generated within the factory partly and sold out partly is an accepted...
August 30, 2016
S.Tax:
Taxability of collection of development fee from the passengers – operational, management and development of airport - it cannot be said that the amount so collected is...
August 30, 2016
C.Ex.:
Cenvat credit - Since lubricants are not falling under the negative list of goods mentioned in the definition clause, credit cannot be denied to the appellant - AT
August 30, 2016
I.Tax:
Transfer pricing adjustment - the TPO was required to give reasons for discarding the CUP method qua each of the transactions as all the 12 international transactions...
August 30, 2016
I.Tax:
Industrial gala sold - taxation as STCG or LTCG - The entire payment as per the agreement was in fact made before financial year 1998-99. Occupation certificate was also...
August 30, 2016
I.Tax:
Expenditure on Cost Guard day function & seminar - whether allowable expenditure u/s. 37(i) - Held Yes - The expenditure has been incurred towards discharge of corporate...
August 30, 2016
I.Tax:
TDS u/s 194C - non tds on Vehicle / dumper Hire Charges - No contract, either verbal or written, is entered into with the owners / drivers in these cases of purely...
August 30, 2016
I.Tax:
Reopening of assessment - at the time of issuing notice, it is not incumbent upon the AO to prove conclusively that there is escapement of income - AT
August 29, 2016
S.Tax:
CENVAT credit – CHA services are utilized by the appellant before the goods were loaded on to the ship and therefore the same falls within the definition of input services- AT
August 29, 2016
S.Tax:
CENVAT credit - capital goods or inputs? - Supply of tangible goods service – dumpers and tippers – such vehicles will be in the nature of inputs for the purposes of...
August 29, 2016
C.Ex.:
Cenvat credit - manpower supply services - 75% of the service tax, which is sought to be denied is admittedly paid to the Government by the provider of service instead...
August 29, 2016
C.Ex.:
Cenvat credit - The adjudicating authority was not empowered by law to decide optimum quantity of input admissible to be procured for manufacture of unit quantity of...
August 29, 2016
C.Ex.:
Valuation - where on account of delay in delivery of manufactured goods is liable to pay a lesser amount that the generically agreed price as a result of a clause (in...
August 29, 2016
C.Ex.:
Imposition of penalty - non-filing of Annual Return containing details of inputs for the period 2004-05 - other than the non-filing of return, no other allegation has...
August 29, 2016
C.Ex.:
Unjust enrichment - Refund claim - The contract is for a fixed amount and it has been categorically recorded in the impugned order that no excise duty incidence has been...
August 29, 2016
C.Ex.:
Imposition of penalty - non filling of ER-5 and ER-6 returns within the period prescribed - contravention is only a procedural violation and subsequently the required...
August 29, 2016
C.Ex.:
Eligibility - credit on capital goods and area based exemption notification no. 50/2003-CE dated 10.06.2003 - there is no valid legal ground in the present appeal for...
August 29, 2016
I.Tax:
Addition relating to trade creditors - additions u/s 68 - in view of the categorical finding that the loan amounts were not reflected in the returns of the 37 persons in...
August 29, 2016
I.Tax:
Reopening of assessment - the information was available only in the valuation report. Giving the information in this manner shall be of no help to the appellant as the...
August 29, 2016
I.Tax:
TDS u/s 195 - P.E. in India - The payments made by assessee to Gensler-USA were merely for project specific drawings & designs without transfer of technology or know-how...
August 29, 2016
I.Tax:
The fact remains that the property was settled by way of family arrangement for convenient enjoyment and the property remains with assessee’s son and daughter....
August 29, 2016
I.Tax:
Addition u/s 68 - the amount of loan which has been returned to the respective creditors and interest paid thereon cannot be taxed in the hands of the assessee as its income. - AT
August 27, 2016
S.Tax:
Cenvat Credit - refund - export of services - The registration is not the sole criteria for granting refund, so long the other conditions are satisfied, refund shall be granted - AT
August 27, 2016
S.Tax:
CENVAT credit – demo cars – capital goods – input – nothing is demonstrated today that a demo car falls in any of the Chapters dealing with capital goods - credit cannot be allowed - AT
August 27, 2016
C.Ex.:
Period of limitation - in case duty was required to be paid on the strips, the appellant was entitled to avail credit of duty paid on the granules, which would have...
August 27, 2016
Cus.:
Validity of statutory provisions - Imposition of penalty on company and directors - he legislature while in view of such situation has granted discretion to the...
August 27, 2016
Co.Law:
Violation of Clause 49 of the Listing Agreement - whole Time Director chaired the Audit Committee Meeting - levy of penalty of ₹ 5 lac cannot be said to...
August 27, 2016
I.Tax:
Tribunal was right in confirming the set-off of MAT Credit under Section 115JAA brought forward from earlier years against tax on total income including surcharge and...
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: Rejection of application for registration u/s 12AA(1)(ac)(iii) r.w.s 8...
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: Estimation of income - bogus purchases - The Tribunal recognized the a...
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: Penalty u/s 270A - allegation of misreporting as per section 270A(9) -...
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: Delay in filling appeal before ITAT - delay of 105 days - The Tribunal...
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: Retraction of statement given during survey - evidentiary value of sta...
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: REFUND OF ITC ON EXPORT OF GOODS WITHOUT PAYMENT OF TAX – RULE 89(4) O...
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: FILING APPEAL AS PER THE DIRECTIONS OF HIGH COURT
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: 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...
H
: Additions on the basis of material seized during the search in case of...
H
: Refund of EDD - Period of limitation - Appellant unaware of finalisati...
H
: Enhancement of value - old and used worn clothing, completely fumigate...
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: Classification of imported goods - Optical Transceiver - Benefit exemp...
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: Valuation of imported Goods - Allowance of discount of 25% to appellan...
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: Initiation of CIRP - Maintainability of application filed u/s 9 of the...
H
: CIRP - Validity of deed of assignment of lease - Authority of RP to Is...
H
: Rejection of Section 7 Application - NPA - Corporate Debtor unable to ...
H
: Extended period of Limitation - suppression of facts or not - The Trib...
H
: Refund of CENVAT Credit - Discretion Power of the refund sanctioning a...
F
: PAYMENT TO CINE OR TV ARTISTS. LIABILITY UNDER RCM
C
: Unauthorised foreign exchange transactions
C
: Partial modification of Circular No. 3 of 2023 dated 28.03.2023 regard...
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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Black Money .... Act, 2015
Black Money .... Rules, 2015
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