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Highlights / Annotations / Catch Notes For October of 2015
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Showing 451 to 500 of 594 Records
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October 7, 2015
C.Ex.:
Valuation - Undervaluation of goods - It has come on record that the merchant manufacturers were disclosing lesser value. It has also come on record that this fact was.....
October 7, 2015
C.Ex.:
Extended period of limitation - in a previous case involving the same issue, demand was dropped - Therefore, all relevant facts were within the knowledge/ notice of the.....
October 7, 2015
C.Ex.:
Classification of printed thermal paper rolls - description of the work done by the assessee makes it clear that it is the printing which it is undertaking and,......
October 7, 2015
C.Ex.:
Valuation - Principal of natural justice - demand based of statement of dealers - It was not for the Tribunal to have guesswork as to for what purposes the appellant......
October 7, 2015
C.Ex.:
100% EOU - Benefit of Notification No. 8/97-CE dated 01.03.1997 - Concessional rate of duty - Catalyst which retains its character, remains outside the end product,......
October 7, 2015
C.Ex.:
Reversal of CENVAT Credit - goods destroyed in the fire - goods were admittedly work-in-progress, in which case, no reversal of credit is justified. - AT
October 7, 2015
C.Ex.:
Return of goods - Rule 16 of the Central Excise Rules - the finding that repair of transformers amounts to manufacture is totally wrong finding in respect of clearance......
October 7, 2015
C.Ex.:
Availment of CENVAT Credit - Non maintenance of separate account - When it is impossible to comply with the provisions of sub-rule (2) of Rule 6, it would not be......
October 7, 2015
C.Ex.:
Refund of unutilized CENVAT Credit - even though the appellant is not an exporter but the goods were cleared under the notification No. 43/2001, which is intended for......
October 7, 2015
Cus.:
Denial of benefit of Notification - Adjudicating Authority denied the benefits of the exemption Notification on the ground that the benefit of the exemption notification....
October 7, 2015
I.Tax:
For the period prior to assessment year 2014-15, the High Court held that the distance between the municipal limit and the agricultural land is to be measured having......
October 7, 2015
Co.Law:
Approval of Winding Up Petition for non-satisfaction of the award – There is no warrant to deprive a creditor with a decree of foreign Court and the same can also file a....
October 7, 2015
I.Tax:
Applicability of Section 115JB in respect of foreign company which does not have any Permanent Establishment (PE) in India - An appropriate amendment to the Income Tax.....
October 7, 2015
I.Tax:
TDS liability on forfeiture of advance security against rent - When assessee made the payment of refundable security, as per circular, he was not supposed to deduct the.....
October 7, 2015
I.Tax:
Nature of Sum receive from TELCO - exploitation of the commercial assets of the Assessee which are integral to the running of the business - It would be erroneous to......
October 7, 2015
I.Tax:
Entitlement to deduction under Section 24(b) and 80C - once it is held that the assessee had not borrowed any capital for the purchase of the property, the assessee was.....
October 7, 2015
I.Tax:
Depreciation on the closed units for last 8 years - although the production is suspended but the other activities of the units are being carried out - claim of depreciation allowed - AT
October 7, 2015
I.Tax:
Treatment to loss - set-off of loss - As per guidelines issued by the RBI, every NBFC is required to maintain liquid assets including investment in shares, stocks,......
October 7, 2015
I.Tax:
Assessment order passed u/s 144C(2) - The assessee did not file the objections before the DRP within the prescribed time and therefore, the objections are not......
October 7, 2015
I.Tax:
Interest paid to partners disallowed - The assessee has not furnished any evidence with reference to advancement of capital - claim of interest u/s 40(b) cannot be allowed - AT
October 7, 2015
I.Tax:
Levy of penalty u/s 221(1) - Assessee did not pay self-assessment tax but filed return of income on due date - Penalty under section 221(1) is not automatic and......
October 7, 2015
I.Tax:
The payment was admittedly made for copyright / literary work; hence it has to be considered as royalty. Hence, the assessee is liable for deducting tax u/s 194J -......
October 7, 2015
I.Tax:
Disallowance u/s 40b(v)(2) - remuneration to partners was determined as per the book profit shown in profit and loss account including interest from bank FDRs and income....
October 7, 2015
I.Tax:
Taxability of interest income in case of Joint Bank Account - for all purposes that was operated by son and not by the assessee. - No income would be taxable in the......
October 7, 2015
I.Tax:
Rule 9A does not apply to abandoned feature films and that the expenditure incurred on such abandoned feature films is not to be treated as a capital expenditure. The......
October 6, 2015
S.Tax:
Refund / Rebate under Rule 5 of Export Service Rules, 2005 - Activity of providing Telecommunication service to their customers/clients of Foreign Telecom Operator......
October 6, 2015
S.Tax:
Revenue having complied with the Tribunal's order and granted refund partially, has withheld the interest claim on a possible realisation that if this is also awarded......
October 6, 2015
S.Tax:
Job Work activity - Manpower Supply Recruitment Agency Services - lumpsum contract of carrying out the job in the factory premises - service recipient has deducted TDS -....
October 6, 2015
S.Tax:
Business Auxiliary Service - Arrangement of loans from various banks to customers - Receipt of commission - extended period is not invokable in the present case. -......
October 6, 2015
C.Ex.:
Manufacture - customization of the already built up motor vehicle - he activity of customization carried out by the respondent does not fall under the four corners of......
October 6, 2015
C.Ex.:
Manufacture of Plastic Pallets - Captive consumption of pallets - the pallets are clearly eligible for exemption under Notification No. 67/95-CE dated 16.3.1995 for......
October 6, 2015
C.Ex.:
SSI Exemption - since the brand name owners of the brand names affixed on the containers had not been identified in the sense that the statutory certificate of the......
October 6, 2015
C.Ex.:
Claim of interest on refund - delayed refund has been sanctioned u/s 11B - there was no fault on the part of the appellants and the appellants were not responsible for.....
October 6, 2015
C.Ex.:
Valuation - price escalation - levy of interest on differential duty - No doubt, some additional amount is received thereafter, on account of price escalation. However,.....
October 6, 2015
C.Ex.:
Denial of concessional rate of duty - Tribunal has decided the case in favour of the assessee by observing that clearing of goods with payment of excise duty with......
October 6, 2015
C.Ex.:
The process of cutting betel nuts into small pieces and addition of essential/non-essential oils, menthol, sweetening agent etc. did not result in a new and distinct......
October 6, 2015
C.Ex.:
MRP based Valuation of goods - Revenue, for the purposes of excise duty, valued the said goods taking the maximum of the three MRPs mentioned on the packaging. This is.....
October 6, 2015
C.Ex.:
Benefit of CENVAT credit of duty paid on various capital goods - anything used for managing the tobacco beetle infestation is required to be considered as an input......
October 6, 2015
C.Ex.:
Availment of CENVAT Credit - supplementary invoices - CENVAT Credit taken by the Appellant on the strength of supplementary invoice issued by their sister unit cannot be....
October 6, 2015
C.Ex.:
CENVAT Credit - Capital goods - it is clearly evident from the records that these items were used as components of Match Plates, Moulding Boxes, Sand Mixers, Conveyor......
October 6, 2015
C.Ex.:
Duty demand - Clandestine removal of goods - Shortage of goods - appellant is liable for excise duty and it is restricted to actual shortage of 102.476 MTs found short......
October 6, 2015
Cus.:
In the present case the licences/scrips were transferred to the appellant importers who had no knowledge of the misrepresentation by the exporters in obtaining them. The....
October 6, 2015
Cus.:
Import made under DEPB scheme, of the goods which are fully exempt from payment of Customs duty and therefore, no Customs duty is levied and collected. The Education......
October 6, 2015
Cus.:
Pre-shipment inspection – Recovery of live bomb shells – There is no evidence on record to hold that appellant was aware that waste and scrap imported by them contained.....
October 6, 2015
Cus.:
Amendment of prayer for relief in the appeal – Prayer to re-export seized goods – Since period of five years were lapsed from date of first import under Bill of Entry,.....
October 6, 2015
VAT:
Levy of interest - GVAT - tribunal confirmed the demand of interest without considering the heavy amount of refund, due for the previous period, available for......
October 6, 2015
I.Tax:
Mode of service of notice u/s 143(2) - scrutiny assessment - Tribunal has rightly observed that the Assessing Officer has failed to adopt the proper mode of service of......
October 6, 2015
I.Tax:
Levy of penalty under Section 271D - Whether the Tribunal is correct in concluding that the provisions of Section 269SS of the Act were attracted to the transactions......
October 6, 2015
I.Tax:
Rectification of mistake - set off of the carry forward business loss denied - the issue as to whether the said income earned by way of interest on Fixed Deposits,......
October 6, 2015
I.Tax:
Claim of exemption u/s 10(38) on long term capital gain from sale of shares - AO only on extraneous considerations and presumptions & surmises has concluded that......
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Black Money .... Act, 2015
Black Money .... Rules, 2015
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