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Highlights / Annotations / Catch Notes For March

Home Highlights March

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1 ....108 109 110 111112113 114 115 116........ 155

March 9, 2017 Case Laws Service Tax AT

No Extension Allowed for Filing Service Tax Refund Claims Under Notification No. 41/2007-ST.
March 9, 2017 Case Laws Service Tax AT

Reverse Charge Service Tax: No Penalty or Extended Limitation Period if Penalty Not Imposed or Set Aside.
March 9, 2017 Case Laws Central Excise AT

Tribunal Overturns Demand Due to Revenue Neutrality in CENVAT Credit Case Involving Additional Duty of Customs (SAD 4.
March 9, 2017 Case Laws Central Excise AT

Footwear Duty Exemption Upheld: MRP Embossing Not Required Under Notification No. 5/2006-CE; Standards of Weights and Measures Act Irrelevant.
March 9, 2017 Case Laws Central Excise AT

Cotton Tents Classified Under Chapter 630600, Subject to 4% Duty per Notification No. 29/04-CE.
March 9, 2017 Case Laws Central Excise AT

Separate Registrations Protect SSI Units from Clearance Clubbing for Tax Exemption Under Central Excise Rules.
March 9, 2017 Case Laws Central Excise HC

Interest u/s 11AA of Central Excise Act Only Applies if Unpaid for 3+ Months Post-Determination.
March 9, 2017 Case Laws Central Excise AT

Court Rules Energy Use Not Definitive for Estimating Goods Production; Overturns Demand Based on Gas Usage.
March 9, 2017 Case Laws Central Excise AT

Advertisement Expenses Recovered from Dealers Excluded from Assessable Value for Taxation Purposes.
March 9, 2017 Case Laws Customs AT

Customs House Agent must maintain trustworthiness; failure to disclose facts leads to legal consequences under supported evidence.
March 9, 2017 Case Laws Customs AT

Refund Claim Denied: No Condonation for Delay in Filing Special Additional Duty Refund Request.
March 9, 2017 Case Laws Customs AT

Request to Amend Bill of Entry for Exemption Under Notification 94/1996-Cus for Re-Imported Goods Considered by Lower Authority.
March 9, 2017 Case Laws Income Tax HC

Taxpayer's Royalty and Technical Assistance Fees Deemed Revenue Expenditure, Not Capital Expenditure Under License Agreement.
March 9, 2017 Case Laws Income Tax HC

High Court Clarifies Genuine Expenditure Criteria u/s 37(1) of Income Tax Act for Commission Payments.
March 9, 2017 Case Laws Income Tax HC

Court Upholds Capital Gains Exemption u/s 54F for 15 Flats at Same Address, Different Blocks Not an Issue.
March 9, 2017 Case Laws Income Tax HC

DVO's Opinion Insufficient for Reopening Assessment u/s 147; Cannot Justify Action Based Solely on DVO's Report.
March 9, 2017 Case Laws Income Tax HC

Carbon Receipts Not Income for Year: No Sale or Transfer to Foreign Companies Occurred.
March 9, 2017 Case Laws Income Tax HC

Court Invalidates Notice: Assessing Officer Misinterpreted "Not Less Than Fifteen Days" in Section 158BC, Requiring Early Return Filing.
March 9, 2017 Case Laws Income Tax HC

Assessee's Property Value Reevaluated; Banker's Valuation May Differ from Transaction Report Due to Purchase Timing.
March 9, 2017 Case Laws Income Tax HC

Court Rules Revenue Must Prove Cessation of Liability u/s 41; No Addition Necessary for Assessee.
March 9, 2017 Case Laws Income Tax AT

Share Application Money Forfeiture Classified as Capital Receipt, Not Revenue, Due to Non-Business Origin.
March 9, 2017 Case Laws Income Tax AT

Section 263 Revision: No Justification for TDS Claim Review Without Evidence of Revenue Loss, Unwarranted Interference Highlighted.
March 9, 2017 Case Laws Income Tax AT

Assessee Company's Share Trading Profits Correctly Reported as Long-Term and Short-Term Capital Gains in Tax Return.
March 8, 2017 Case Laws Service Tax AT

Court Allows Refund of Service Tax for Apartment Purchasers Paid Before July 1, 2010, Pending Claim Verification.
March 8, 2017 Case Laws Service Tax AT

SEZ Unit Wins Refund Claim Due to Modvat Credit Reversal, Entitled to Exemption or Reduced Duty Benefits.
March 8, 2017 Case Laws Service Tax AT

Self-Adjustment of Excess Service Tax Without Prior Notice: Rectification Demand Deemed Time-Barred, No Evasion Intent Found.
March 8, 2017 Case Laws Service Tax HC

Court Rules Recipient Must Pay Service Tax on Business Auxiliary Services; Petitioner's Argument Rejected.
March 8, 2017 Case Laws Central Excise AT

Additional Duties of Excise Surcharge Not Applicable on 'Nil' Primary Duty; Intermediate Goods Exempt from Levy.
March 8, 2017 Case Laws Central Excise AT

Appellant must pay 10% of e-bike value at clearance; partial CENVAT credit lapse; Rule 11(3) inapplicable.
March 8, 2017 Case Laws Central Excise AT

Motor Vehicle Parts Valuation: Duty Payable but Revenue-Neutral Exercise, MODVAT/CENVAT Credit Applicable, Duty Paid from PLA.
March 8, 2017 Case Laws Central Excise AT

Cotton Waste Predominant Over Acrylic Fiber Classified Under Chapter 52, Exempt from Duty per Central Excise Tariff Act 1985.
March 8, 2017 Case Laws Central Excise AT

Income Surrendered to Tax Department Needs Proof to Link it to Manufacturing Profits, Not Automatically Considered.
March 8, 2017 Case Laws Central Excise AT

Railway yard outside factory is not "capital goods" u/r 2 (1A) of Cenvat Credit Rules 2004; no Cenvat credit.
March 8, 2017 Case Laws Central Excise AT

Refund Claim for CENVAT Credit Restored After Initial Reversal; Unjust Enrichment Should Not Be Presumed.
March 8, 2017 Case Laws Central Excise AT

CENVAT credit denied due to missing STP code; credit valid for computer-generated bank service invoices.
March 8, 2017 Case Laws Central Excise AT

Refund Claim Approved for CENVAT Credit on Input Services for 100% Export Oriented Unit Clearances as Exports.
March 8, 2017 Case Laws Customs AT

Lifesaving Equipment Imports Not Exempt Under Entries 19, 42, or 44 of Part B in Notification 208/81.
March 8, 2017 Case Laws Customs AT

Customs Refund Claim: Legal Benefit u/s 3(5) of Customs Tariff Act Cannot Be Overridden by Circular.
March 8, 2017 Case Laws Customs AT

Anti-Dumping Duty on Viscose Staple Fibre Imports from Hong Kong Continues to Protect Domestic Industry from Injury.
March 8, 2017 Case Laws Customs HC

High Court Confirms Exemption for Bakery Shortening Import from Sri Lanka Under Pre-Withdrawal Date Letter of Credit.
March 8, 2017 Case Laws Income Tax AT

TDS u/s 194I Not Applicable for Hotel Stays on As-Available Basis with Agreed Discounts.
March 8, 2017 Case Laws Income Tax AT

Write-Off of Business Advances Deductible u/s 37 of Income Tax Act.
March 8, 2017 Case Laws Income Tax AT

Shrink-wrap software sales not taxable as royalty in India u/s 9(1)(iv); aligns with India-U.S. tax treaty.
March 8, 2017 Case Laws Income Tax AT

Tax Misclassification: Share Application Money Wrongly Treated as Income, Directors' Cash Entries Overlooked.
March 8, 2017 Case Laws Income Tax AT

Human Resources Services in IT Enabled Products Qualify for Tax Exemption u/s 10A of the Income Tax Act.
March 8, 2017 Case Laws Income Tax AT

Profit from Pre-Payment of Deferred Sales Tax Loan is a Capital Receipt, Not Taxable u/s 41(1) IT Act.
March 8, 2017 Case Laws Income Tax AT

Charitable Status Granted: Training for Prison, Police, and Judicial Officials Recognized u/s 12AA and Section 2(15.
March 8, 2017 Case Laws Income Tax AT

Rent Equalization Reserve Added to Book Profits for MAT Calculation u/s 115JB; Accounting Standard 19 Not Applicable.
March 7, 2017 Case Laws Service Tax AT

Refund of Unutilized CENVAT Credit Allowed Despite Initial Rejection Due to Late Service Tax Registration for Export Services.
March 7, 2017 Case Laws Service Tax AT

Interest Demand on CENVAT Credit for Book Adjustments Not Sustainable if Timely Paid by AEs: Section 67(4)(c.

1 ....108 109 110 111112113 114 115 116........ 155

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