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Highlights / Annotations / Catch Notes For September of 2013
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Showing 1 to 50 of 621 Records
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13
September 30, 2013
C.Ex.:
MODVAT Claim on the portion of Furnace Oil/LDO used for generation of electricity - It was logical that if two units were being run at one place, producing two different...
September 30, 2013
C.Ex.:
Validity of Circular - The Board could not have issued the circular for rendering a decision of the Tribunal as irrelevant and nugatory - The remedy actually was to...
September 30, 2013
C.Ex.:
The Tribunal, while holding that principles of natural justice have been violated, should have remanded the matter to the Adjudicating Officer after serving all relevant...
September 30, 2013
C.Ex.:
Bar of Limitation Subsequent show cause notice in that case was also issued on the same ground namely that manufacturing company and marketing company were related...
September 30, 2013
C.Ex.:
MODVAT Credit - Whether MODVAT Credit can be availed by the assessee on the basis of certificate issued by superintendent preventive Held yes - HC
September 30, 2013
S.Tax:
Option to Deposit Dues Along with Interest and 25% of penalty - Since the option has been extended to the appellant to pay 25% of the penalty along with interest and...
September 30, 2013
S.Tax:
Non payment of service tax by the sob-contractor under a bonafide belief that main contractor has paid the service tax - Management, maintenance or repair service - stay granted - AT
September 30, 2013
S.Tax:
Construction Service - prima faice services rendered by the appellant would be taxable from 1.7.2010 only and any demand prior to that period prima facie seems to be not...
September 30, 2013
S.Tax:
Manpower Supply or Recruitment Agency - Prima facie it appeared that no taxable service was rendered because having a database of labourers or routing of the labourers...
September 30, 2013
S.Tax:
Valuation - Department viewed that the services provided by them was in the nature of finishing services and denied the benefit abatement - prima facie case in favor of...
September 30, 2013
Cus.:
Levy of CVD - appellant argued that he is eligible to avail cenvat credit of the CVD paid, even if CVD is not paid, it does not matter - Held that:- This view is totally...
September 30, 2013
Indian Laws:
Complaint under Section 138 of the N.I. Act - Dishonour of cheques - the attorney holder cannot file a complaint in his own name as if he was the complainant, but he...
September 30, 2013
I.Tax:
TDS u/s 194I or 194C - nature of payment for use of vehicles - the provisions of Section 194-I could not be applied to the facts of the present case and it has to be...
September 30, 2013
I.Tax:
Allowability of depreciation on shuttering material - he assessee was the owner of the shuttering which was ready to use - Assessee is entitled for 100% depreciation - HC
September 30, 2013
I.Tax:
Search conducted u/s 132 of the Income Tax Act - Ownership of jewellery in dispute seizure of Stridhan - jewellery ordered to be released subject to conditions - HC
September 30, 2013
I.Tax:
Deduction u/s 80IC - manufacture - various materials that had gone into making of the radio frequency identification device having thus undergone a change and that they...
September 30, 2013
I.Tax:
Addition solely on the basis of Departmental valuation report addition cannot be justified solely relying upon the valuation report - HC
September 30, 2013
I.Tax:
Addition u/s 68 of the Income Tax Act Lack of evidence to prove the case - proof of agricultural activities The assessee was not required to submit proof of...
September 30, 2013
I.Tax:
Additions u/s 68 - charitable or religious trust - If there is full disclosure of the donation for whatever purpose and that the registration under Section 12-A is...
September 30, 2013
I.Tax:
Taxability of government grants following Accounting Standard (AS)-22 one forth was offered for tax - Revenue has not been able to point out and state, how and why the...
September 30, 2013
I.Tax:
Long Term Capital Gains (LTCG) or Short Term Capital Gains (STCG) - The conversion of the rights of the lessee in the property from having lease hold right into free...
September 30, 2013
I.Tax:
Sub-agent to deduct TDS Assessee acting as sub agent was not supposed to deduct TDS from the payment so made to various advertising agencies as per the provisions of...
September 30, 2013
I.Tax:
Allowance of Bad-debts u/s 36(1)(vii) - There is no requirement to establish that debts has become irrecoverable in the accounts of the assessee for the previous year. - HC
September 30, 2013
Wealth-tax:
Commercial property u/s 2(ea) Explanation 5(1) Exclusion of Value of Property Net Wealth - it nowhere provides that only if such commercial complex was occupied by...
September 28, 2013
C.Ex.:
CENVAT Credit - input services - scope of the terms 'means and includes' - Rule 2(l) of CCR - the expression includes cannot be used to oust any activity from the...
September 28, 2013
C.Ex.:
Interest from the Date of Deposit on Delayed Refund - there was no error in the order of the Tribunal refusing to grant interest from the date of deposit - HC
September 28, 2013
C.Ex.:
Classification of Goods - manufacturing of stainless steel paddy parboiling and drier plant Revenue was of the view that the goods attract the excise duty and are not...
September 28, 2013
C.Ex.:
Export of goods - proof of export - The Central Excise Officer has to record a satisfaction that the claim is in order - It is question of fact as to whether the claim...
September 28, 2013
C.Ex.:
Penalty u/s 11AC abatement claimed u/s 3A towards non production under compounded levy scheme - The authorities do not have discretion in fixing the penalty, and that...
September 28, 2013
S.Tax:
Whether the assessee is a commercial concern or not - Business Auxiliary Service - Classification of establishment - H. P. Ex Servicemen Corporation - matter remanded...
September 28, 2013
S.Tax:
Insurance services - revenue alleged that the assessee had received the amount - appellant submits that the basis on which Revenue stated that they received payment from...
September 28, 2013
S.Tax:
Utilization of Cenvat Credit for payment of service tax paid under Reverse charge mechanism - import of services - prima facie case is against the assessee - stay granted partly - AT
September 28, 2013
S.Tax:
CENVAT credit - Input Service Distributor - 4 years delay in availing cenvat credit - prima facie case is against the assessee - stay granted partly - AT
September 28, 2013
Cus.:
Licence for import of raw materials - import of waste/scrap/discarded/ obsolete plastic items. - at the relevant time, the units located in EPZ did not require license...
September 28, 2013
Cus.:
Condonation of Delay The appellant was not entitled to the benefit of Section 14 of the Limitation Act - The appeal was barred by limitation by 697 days, which had not...
September 28, 2013
I.Tax:
Penalty for concealment of Income u/s 271(1)(c) - claims were ex facie wrong being contrary to fundamental/basic principles of accounts and Act, would not have escaped...
September 28, 2013
I.Tax:
Revision u/s 263 - no books of accounts maintained in regular course of business and prepared in due discharge of their duties by their Accountant or their C.A, had in...
September 28, 2013
I.Tax:
Excessive Expenses - transaction with related parties - disallowance u/s 40A(2) - the rate at which, the assessee purchased electricity from M/s OPG Energy Pvt. Ltd.,...
September 28, 2013
I.Tax:
Cessation of loan liability - waiver of loan taken for purchase of assets - OTS it does not amount to a benefit arising out of business and it is also not even...
September 28, 2013
I.Tax:
Whether transfer of shares by the assessee is transfer of a capital asset within the meaning of Section 2(14) of the Act or a transfer of business that falls within the...
September 28, 2013
I.Tax:
Indexation year for computation of long term capital gain in case of gift of capital asset H Assessee must be treated to hold the capital asset in the year of...
September 28, 2013
I.Tax:
Allowability of Scholarship expenditure as business expense - revenue contended that Scholarship was given to only one student namely, Akash Kumar for getting education...
September 28, 2013
I.Tax:
Applicability of section 10A(2)(i) of the Income Tax Act - Date of commencement - Section 10A(2)(i) of the Act shows that it has relevance to industry that has begun to...
September 28, 2013
I.Tax:
Regarding allow-ability of 1/3 of the total expenditure - Once a finding of fact has been recorded that the expenditure is of revenue nature and has been spent wholly...
September 28, 2013
I.Tax:
Unexplained expenditure u/s 69C of the Income Tax Act - Appellant submitted difference between the excess of expenditure over receipts, should be brought to tax and...
September 28, 2013
Co.Law:
Petition for Permission to Undertake Business as a Stock Exchange - The effect of the non-disclosure of the buyback agreements to SEBI should be considered having...
September 28, 2013
Co.Law:
Winding up - Stay on Winding up Petition The desire to cash on the lands with a view to fully exploit their potential was not matched with the same approach as far as...
September 27, 2013
C.Ex.:
Interest on delayed amount - Refund claim - delay in granting refund of more than 9 years - The petitioner will be entitled for interest for the period 10th February,...
September 27, 2013
C.Ex.:
CENVAT Credit - input services - services were performed after the place of removal Assessee was entitled to avail input service credit on the services availed by...
September 27, 2013
C.Ex.:
When no factual or legal infirmity had been found in the order by the appellant and even in proceedings no case for interference with the order was made out...
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