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Highlights / Annotations / Catch Notes For June of 2013
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Showing 251 to 300 of 365 Records
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June 8, 2013
I.Tax:
Transfer pricing – difference due to foreign exchange rate fluctuation should be considered the said difference has to be removed and the margin thereon has to be......
June 8, 2013
I.Tax:
Transfer pricing adjustment - The financial position and credit rating of the subsidiaries will be broadly the same as the holding company - domestic prime lending rate.....
June 8, 2013
VAT:
Classification - Exemption - the powder form of chilly, turmeric and coriander are no different from chilly, turmeric and coriander - HC
June 8, 2013
VAT:
Revision u/s 11(1) - Tribunal enhanced the tax liability by making a fresh estimation. - Tribunal is a final fact finding authority, no interference is required - HC
June 7, 2013
C.Ex.:
Collection of reversal of cenvat credit from Customers - Recovery order issued by the Department on the basis of Section 11D of the Act was absolutely illegal and is......
June 7, 2013
C.Ex.:
Extended period of limitation - mens rea - absence of any deceitful practice - duty demand sustained by the Tribunal isnot correct - HC
June 7, 2013
C.Ex.:
Extended period of limitation - discrepancy in filing of return - the findings that the officers receiving the Returns had all the information to enable him to verify......
June 7, 2013
C.Ex.:
Refund - unjust enrichment - burden to prove and to rebut - All the authorities have concurrently found that the assessee has failed to discharge that burden - no......
June 7, 2013
S.Tax:
Cenvat Credit on service tax on inward transportation - removal of inputs as such - reversal of cenvat credit is not required - AT
June 7, 2013
S.Tax:
A new service was introduced for ATM service covering various other activities in relation to ATM service cannot be interpreted to mean that prior to that date......
June 7, 2013
Cus.:
Conviction u/s 22 of the Narcotic Drugs and Psychotropic Substances, Act, 1985 - smuggling - Evidence of this case is sufficient to prove the guilt of the accused beyond....
June 7, 2013
Cus.:
Refund of SAD - Interest on belated refund - When the circular is contrary to the provisions of act, it has to be struck down as bad - interest allowed - HC
June 7, 2013
I.Tax:
Letting out of 3rd floor to another company for commercial purpose proves that what has been constructed is not a hospital but a commercial property - Renewal of......
June 7, 2013
I.Tax:
Claim of set off against the surrendered income - in case, the surrendered amount is treated as an income from business, then assessee is entitled to get set off - HC
June 7, 2013
I.Tax:
Assessment in pursuance of research u/s 153A - It is not open for the assessee to seek deduction or claim expenditure which has not been claimed in the original assessment - HC
June 7, 2013
I.Tax:
Deduction u/s 80-IB/80-IC - assembling of air conditioner, DVD, microwave would fall within the ambit of expression “manufacture“. - AT
June 7, 2013
I.Tax:
Addition of interest in the assesee’s income - assessee was custodian of money of Central Government and GHB/SGCC - addition deleted - AT
June 7, 2013
I.Tax:
Difference between the excess stock and closing stock would reveal that the assessees purchased stock using unexplained money - addition u/s 69A and penalty u/s......
June 7, 2013
I.Tax:
Additional deprecation - the freight charges and other charges are directly linked to the purchase of plant and machinery and cannot be delinked. - AT
June 7, 2013
I.Tax:
Disallowance u/s 40A(3) - when income of the assessee was computed by applying the gross profit rate, there was no need to look into the provision of section 40A(3) - AT
June 7, 2013
I.Tax:
Estimation of income based on MRP - retail trade in liquor - estimate of net profit above 5% of the purchases made by the assessee is to be adopted - AT
June 7, 2013
I.Tax:
Exemption u/s 11 - revocable transfer - Just because seller had sold the properties and given the money to the assessee, that would not be sufficient to hold that there.....
June 7, 2013
I.Tax:
Penalty u/s 158BFA(2) - willful attempt - assessee has given the explanation in respect of source of jewellery - no case of imposition of penalty - AT
June 7, 2013
VAT:
No availability of Form ST 18 A with truck - No notice to assessee - firm cannot be represented through the driver of the vehicle in absence of any authority given to......
June 7, 2013
VAT:
Penalty u/s 54(1)(14) of UPTT - seizure of goods as the weight of the consignment was more than that disclosed - petty quantity of goods - no intention of evaision of......
June 6, 2013
C.Ex.:
Maintainability of appeal before High Court - SSI Exemption - whether issue of SSI exemption is an issue of determination of rate of duty - Held yes, appeal not......
June 6, 2013
C.Ex.:
Refund - The refund claims were declined only on one ground, without challenging the determination of annual capacity of production, the processor could not have......
June 6, 2013
C.Ex.:
Tribunal was not right in ordering that the appeal of the petitioner shall stand automatically dismissed in case the amount as directed by the Tribunal is not deposited. - HC
June 6, 2013
S.Tax:
Cenvat Credit - There is no provision in the CENVAT Credit rules to deny proportional credit on the inputs which were used in providing the output service on which......
June 6, 2013
S.Tax:
Penalty - Short payment of service tax - payment prior to issue of show cause notice (SCN) - section 73(3) - penalty set aside - AT
June 6, 2013
Cus.:
Private bonded warehouse - discrepancy in stock register - customs authorities and the Police Department of the State opposing each other in a petition instituted by the....
June 6, 2013
Indian Laws:
Debut recovery - auction - Suffice it to say that the use of the words “as far as possible“ in Section 29 of RDDB Act simply indicate that the provisions of the Income......
June 6, 2013
I.Tax:
Order of settlement commission - power to rectify its own order - impermissible and beyond the jurisdiction of the Commission - HC
June 6, 2013
I.Tax:
Penalty u/s 271(1)(c) - merely for the reason that the assessee has claimed the expenditure to be revenue will not render the assessee liable to penalty proceedings. - no penalty - HC
June 6, 2013
I.Tax:
Deduction u/s 80IA and 80IB - the benefits of DEPB would constitute independent source of income beyond the first degree nexus between the profits and the industrial undertaking - HC
June 6, 2013
I.Tax:
Addition u/s 41 - no allowance or deduction had been made in the assessment of the assessee in any earlier year - Consequently, there is no question of invoking section 41(1) - HC
June 6, 2013
I.Tax:
Interest income - zero coupon money - interest earned by investing the surplus share money in bank deposits, such interest is taxable as income from other sources and......
June 6, 2013
I.Tax:
Re opening of assessment - before issuance of notice u/s 148 reasons were recorded for one issue only - reaons for other two issues were recorded after issuance of ......
June 6, 2013
I.Tax:
As per S. 179(1) a director cannot be held liable for interest/penalty and thereupon be treated as an assessee u/s 2(7) as a person by whom any tax or any other sum of......
June 6, 2013
VAT:
Hardship in following VAT Rules - filing of Forms - it is well settled that equity has no place in taxing laws - a statutory rule cannot be said to be unreasonable......
June 6, 2013
Co.Law:
Constitutional bench - Central Chit Funds Act - supriority of Central Law over state laws - Repugnancy arises on the making and not commencement of the law - SC
June 5, 2013
I.Tax:
Re opening of assessment - non inclusion of excise duty in the closing stock - The assessment year being 1997-98 - the provisions of section 145A inserted by the Finance....
June 5, 2013
C.Ex.:
Interest on Refund u/s 11BB - claim of interest on interest - Department cannot avoid the liability of accounting for interest on the delayed payment of interest to the.....
June 5, 2013
C.Ex.:
Penalty - benefit of reduced penalty of 25% u/s 11AC - option to avail - the assessee should be made aware of the option available to him. - HC
June 5, 2013
C.Ex.:
Tribunal dismissed the appeal despite the adjournment sought by the appellant - The order passed by the Tribunal being contrary to the principles of natural justice - HC
June 5, 2013
C.Ex.:
Rebate claim rejected by the revision authority on the ground that ARE-1 has not been prepared and produced by the petitioner. - matter remanded back for reconsideration - HC
June 5, 2013
C.Ex.:
Clandestine removal - entries in Note Book - The action of the department was on the basis of suspicion alone. Law does not permit additions to be made on that basis. - HC
June 5, 2013
S.Tax:
Cargo handling service - once activity carried out is found to be loading or unloading of cargo such activities is covered by category of cargo handling service - AT
June 5, 2013
S.Tax:
Valuation - inclusion - forward contract service - the turnover charges and other identical statutory charges are not in the nature of commission or brokerage and......
June 5, 2013
S.Tax:
Refund - provision of services to SEZ - consumption in SEZ - services in relation to authorized operations - refund allowed - AT
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: As services were provided to Government Agency, there was no intention...
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: Demand of service on amount retained by the Hospitals for use of infra...
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: Violation of natural justice: Demand of duty. RUDs not supplied, heari...
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: Cash refund of cenvat credit: Post GST era: The Commissioner (Appeals)...
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: Refund claim u/s 11B of Central Excise Act - deposits were not volunta...
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