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Highlights / Annotations / Catch Notes For August of 2016
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Showing 101 to 150 of 434 Records
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August 23, 2016
Cus.:
Guidelines regarding Provisional Assessment under section 18 of the Customs Act, 1962 - Circular
August 23, 2016
S.Tax:
Services provided to the Government, a local authority or a governmental authority with regard to water supply - exemption will include the activity of construction of tube wells.
August 22, 2016
Cus.:
Request for supply of non-RUD before adjudication of the dispute - Since the appellant insisted that non-RUDs and the assessed copies of bills of entries are relevant...
August 22, 2016
Cus.:
Export of handicraft item - wooden furniture - Since the condition of the notification have been substantially complied with by the appellant and the competent authority...
August 22, 2016
S.Tax:
Business auxiliary services - reverse charge mechanism - The service provider is not situated outside India - No case was set up by the department that in the present...
August 22, 2016
S.Tax:
Self adjustment of service tax liability with excess tax paid earlier - This is not a case where the amount sought to be adjusted falls under the category of excess...
August 22, 2016
C.Ex.:
Rejection of cross objections as time barred - in the Act, no such time period is prescribed. Time fixed by the learned Appellate Authority was fixed by him and there...
August 22, 2016
C.Ex.:
Valuation - the goods sold to interconnected undertaking have to be assessed to duty at the same value at which the said goods are sold to independent whole sale buyers. - AT
August 22, 2016
C.Ex.:
Captive consumption - that in case duty is paid on the moulds on its transfer to Noida, such duty will be available as cenvat credit to the recipient factory inasmuch as...
August 22, 2016
C.Ex.:
nvat credit - received only invoices without the receipt of inputs in question - the denial of Cenvat Credit on the basis of investigations conducted at the third party...
August 22, 2016
C.Ex.:
Excisability - Dolochar - Dolochar arises as a combination of Iron Ore, Dolomite and unburnt pieces of coal during the process of manufacture of Sponge Iron - No duty liability - AT
August 22, 2016
C.Ex.:
Cenvat credit - since on the date of receipt of capital goods, the final products were chargeable to nil rate of duty, the appellant becomes in-eligible for availing the...
August 22, 2016
I.Tax:
Credit of TDS can be given only in the hands where income therefrom is subjected to tax. If accrual of income in respect of the receipts received dejure by joint venture...
August 22, 2016
I.Tax:
Disallowance u/s.40A(2)(b) being paid by the assessee to the Excise Department on behalf of its sister concern - The assessee route collection and payment of excise duty...
August 22, 2016
I.Tax:
Addition of income being gift of India Millennium Deposit received as unexplained credit u/s 68 - genuinity stands proved - no addition - AT
August 22, 2016
I.Tax:
The foreign travel by the Directors was to break the monotony of the daily work and therefore it is not the case of the assessee that the foreign trip of the Directors...
August 22, 2016
I.Tax:
Revenue is entitled for interest on outstanding amount of TDS only till the date of actual payment of TDS by the assessee to the Credit of Central Government and not...
August 22, 2016
I.Tax:
Penalty u/s 271B - delay in submitting audit report - AO has not given any adverse finding that it affected the proper computation of income - the breach remains a...
August 22, 2016
I.Tax:
Accrual of income - income can be said to accrue only when it becomes due and must be accompanied by corresponding liability of the other party to pay the amount and...
August 21, 2016
C.Ex.:
Classification - activated carbon fabrics - is found that it is covered by Note 7 to Chapter 59 which attracts textile fabrics of a kind use for technical purposes...
August 20, 2016
I.Tax:
ITAT was not right in law in holding that deduction of interest expenses was not admissible u/s 36(1)(iii) of the Income Tax Act, 1961 merely because shares were never...
August 20, 2016
I.Tax:
Penalty u/s 271B - delay in completion of statutory audit was reasonable cause for non- compliance with section 44AB - penalty cancelled - AT
August 20, 2016
I.Tax:
The loss incurred in share trading business by such companies, i.e. like the assessee, will not be treated as speculation business loss but normal business loss, and...
August 20, 2016
I.Tax:
Transfer pricing - Valuation of an intangible asset - revenues generated out of the Intellectual Property (“IP”) or not. - for valuation of an intangible asset, only the...
August 20, 2016
S.Tax:
Cenvat credit - availed on transportation charges in the process of cleaning and disposal of waste - the disposal of hazardous waste by the appellant is an essential...
August 20, 2016
S.Tax:
Cenvat credit - insurance premium having been paid for the health insurance of the employees of the factory and Pest Control Service availed to protect the property of...
August 19, 2016
S.Tax:
On the contract for construction of BPL houses, as awarded by the Board to the petitioners, no service tax is leviable w.e.f. 1.7.2012 - The Board is not entitled to...
August 19, 2016
S.Tax:
Cenvat Credit - eligible input services - recovery of common shared expenses from the group company - Credit cannot be denied at the service recipients end, alleging...
August 19, 2016
S.Tax:
Claim of refund of service tax on bad debts recovered - period of limitation - when there is no levy in accordance with the provisions of service tax law the claim for...
August 19, 2016
VAT:
Levy of service tax or sales tax - legislative competence - The agreement between Subway and its franchisees is not a sale, but is in fact a bare permission to use. It...
August 19, 2016
VAT:
Jurisdiction for surprise inspection or record statement or seize records - Section 48 of the Tamil Nadu Value Added Tax Act, 2006 - there is delegation of power, this...
August 19, 2016
Cus.:
Refund - duty paid on export of goods - whether refund claim can be lodged by an assessee without contesting the original assessments made - original authority directed...
August 19, 2016
Cus.:
Deemed export - TED refund - Supply of intermediate goods by the DTA unit to 100% EOU unit - When there is an exemption, then, this refund claim was rightly disallowed - HC
August 19, 2016
I.Tax:
Clarifications on the Income Declaration Scheme, 2016 - Circular
August 19, 2016
S.Tax:
Service tax liability in case of hiring of goods without the transfer of the right to use goods - Circular
August 19, 2016
I.Tax:
Income Declaration Scheme (Third Amendment) Rules, 2016 - Notification
August 19, 2016
C.Ex.:
Export of goods without payment of duty under letter of undertaking - failure to submit a proof of export within a period of six months - No provision is pointed out...
August 19, 2016
C.Ex.:
Cenvat credit - service tax paid on rent-a-cab service - the appellant is not eligible to avail cenvat credit for the period subsequent to 1.4.2011. The said amount is...
August 19, 2016
C.Ex.:
Cenvat credit - job work - input services used in the manufacture of job worked goods exempted under Notification No.214/86-CE is admissible. - AT
August 19, 2016
I.Tax:
TDS liability on payments made out of accumulated balances in the EPF a/c - it cannot be said that there was no mechanism prescribed for deduction of TDS in respect of...
August 19, 2016
I.Tax:
As the assessee being eligible u/s 80IAB for a particular block of years it will not make any impact to the Revenue if the deduction u/s 80IAB is allowed for prior...
August 19, 2016
I.Tax:
Determine the character of subsidy in hands of recipient - Having gone through the preamble of the “Incentive Scheme 2001 for Economic Development of Kutch District”...
August 19, 2016
I.Tax:
Addition u/s 40A(3) - cash payment in excess of ₹ 20,000/- - Recipients are illiterate and does not have permanent place of Business and also vendors and Hawkers...
August 19, 2016
I.Tax:
Cash expenditure exceeding ₹ 20,000/- - the paramount consideration of section 40A(3) is to curb and reduce the possibilities of black money transactions and...
August 19, 2016
I.Tax:
The question of addition u/s 69C shall arise only if it is shown that the assessee has incurred any expenditure outside the books of account. In the instant case, we...
August 19, 2016
I.Tax:
Disallowance of commission paid to agents - There are some holes in this investigation. The first being the statements recorded from the 3 lady agents are stereo typed...
August 18, 2016
S.Tax:
Taxability of GTA service - consignment note was not issued - tax liability under Goods Transport Agency service cannot be sustained against the appellant. - AT
August 18, 2016
S.Tax:
Scope of show cause notice - demand was raised under the category of BAS - demand was confirmed under the different category - Demand set aside in toto - AT
August 18, 2016
S.Tax:
Nature of composite works contract - w.e.f. 01/6/2007 when the activity of the appellant has been accepted by the Department as mining service, for the period prior to...
August 18, 2016
VAT:
Waiver of pre-deposit - what would be the disputed turnover to be reckoned for the purpose of arriving 25% of the disputed tax to be deposited as pre-deposit for...
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: Refund claim - determination of the turn over for the purpose of refun...
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: Grant of Regular Bail - In a case where the State sought to challenge ...
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: Delay in filing the appeal - Time Limitation - petition delayed for al...
H
: Cancellation of GST registration of the petitioner - The High Court ex...
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: Availing and utilization of Input Tax Credit - The applicant had initi...
F
: Penalty under Section 73(1) of CGST Act, 2017
F
: INQUIRY BY THE APPELLATE AUTHORITY
H
: Addition u/s 68 - unexplained share application money - genuineness an...
H
: Validity of reopening of assessment - The High Court notes that certai...
H
: Condonation of delay of 1085 days in filing the appeal u/s 260-A - Rev...
H
: TDS u/s 194H - assessee is a cellular mobile service providers - Align...
H
: Reopening of assessment u/s 147 - The High Court noted that the issue ...
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: Validity of reopening of assessment - The High Court found that the As...
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: Reopening of assessment u/s 147 - Reasons to believe - The High Court ...
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: Rectification application u/s 254 - Tribunal not followed the decision...
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: Reopening of assessment against entity ceased to exist/amalgamating en...
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: Refund of IGST Charged and collected from Foreign Customer on Export o...
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: Capital gain arising on transfer of land - STCG arising out of the tra...
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: sales Against 0.1% GST- if export not done within 90 Days
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: PAYMENT TO CINE OR TV ARTISTS. LIABILITY UNDER RCM
A
: Collection of Entry Fee from visitors for Temple Hall Exempt under GST
A
: State-wise Professional Tax Payment Deadlines in India: A Comprehensiv...
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: Low tax effect in pending appeals- The administrative role to withdraw...
F
: ITC of FY 2017-18 blocked
C
: Clarification on the applicability of 3% amount on account of non-achi...
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: Suspension of inoperative SIONs
N
: Amendment in the Export policy of Onions
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: Seeks to amend specified customs tariff notifications to exempt applic...
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: How to become a crorepati via SIP
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: Master Direction – Risk Management and Inter-Bank Dealings: Amendments
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