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Highlights / Annotations / Catch Notes For June of 2013
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Showing 301 to 350 of 365 Records
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June 5, 2013
Cus.:
Liability for demurrage - it is contended that the revenue was not at fault in not registering the Bill of Entry - no fault of revenue - no recovery of demurrage charges....
June 5, 2013
Cus.:
Anti dumping duty - Disclosure Statement - Plain Gypsum Plaster Boards - It would not be appropriate for this Court to interefere with the proceedings of the Designated.....
June 5, 2013
Cus.:
CHA - prohibitory order - That Order under Regulation 21 was passed in violation of principles of natural justice on the face of it is arbitrary and thus not sustainable in law. - HC
June 5, 2013
I.Tax:
Deduction u/s 80IC - are bases exemption - The inspection by the IT Authorities alone is not sufficient to dislodge the evidences submitted by the assessee regarding......
June 5, 2013
I.Tax:
TDS u/s 194C - repairing of transformers - CBDT Circular no. 715 - existence of separate contracts upheld - HC
June 5, 2013
I.Tax:
Scope of the term Due Date - Payments made to the Provident Fund Authority on account of employees’ contribution disallowed - AO was required to take note of Section 43B(b) - HC
June 5, 2013
I.Tax:
Leave encashment - whether not an ascertained liability and thus liable to be added to the “book profit” under explanation 1 to Section 115 JB - MAT - Held no - HC
June 5, 2013
I.Tax:
Depreciation on leased assets - section 32 - Section 2(13) and Section 2(24) the income derived from leasing of the trucks would be business income - depreciaion allowed - HC
June 5, 2013
I.Tax:
Cancellation of certificate granted u/s 12-A - alternative remedy - The order is appealable under Section 253(1)(c) - However, it is not fit to relegate the petitioner.....
June 5, 2013
VAT:
Case against sales tax officer (petitioner) - allegation of undue favor of assessee - it is a case of gross negligence. - disciplinary proceedings for wrong decisions to continue - HC
June 4, 2013
C.Ex.:
Stay - Tribunal directed to pre deposit 50% - Tribunal has exercised its jurisdiction fairly and reasonably. - HC
June 4, 2013
C.Ex.:
Ultr vires - Application of provisions of Section 142 of the Customs Act to the Central Excise - It is not uncommon for a statute to adopt by reference the provisions of....
June 4, 2013
C.Ex.:
Stay - non compliance of stay order by one party - CESTAT dismissed the appeal for all parties in connected matters - this approach of the Tribunal is indefensible. - HC
June 4, 2013
S.Tax:
Penalty - payment of service tax before issuance of show cause notice (SCN) - it is evident that he has paid the amount only after the issuance of show cause notice -......
June 4, 2013
S.Tax:
Work contract services - in respect of Railways - no service tax shall be leviable under Section 66 of the Act on the value of such services. - HC
June 4, 2013
S.Tax:
Stay order - revenue neutral - Order of the Tribunal directing pre-deposit of Rs. 50 lakhs is quashed and set aside and the tribunal is directed to hear the appeal on......
June 4, 2013
Cus.:
Condonation of delay - delay of 697 days - The appellant is not entitled to the benefit of Section 14 of the Limitation Act. - HC
June 4, 2013
Cus.:
Import of marble slabs - ISFTA - Revenue, if at all aggrieved from inclusion of marble/marble products in ISFTA is to have the same excluded therefrom, rather than to......
June 4, 2013
Indian Laws:
Debts Recovery - action under SARFAESI Act - Apex Court has upheld the validity of the Act except that of Section 17(12). - HC
June 4, 2013
I.Tax:
Double deduction - Explanation 5 to section 32 specifically provides that the assessee shall be entitled for depreciation in spite of the fact that the assessee had......
June 4, 2013
I.Tax:
Order of AAR - Revenue failed to substantiate the infringement of legal right conferred on them under the statute while allowing the applications for advance ruling. The....
June 4, 2013
I.Tax:
Revenue or capital - entertainment duty subsidy - The fact that the subsidy was not meant for repaying the loan taken for construction of multiplexes cannot be a ground.....
June 4, 2013
I.Tax:
Admission of fresh evidences - Rule 29 of the ITAT Rules categorically permits the Tribunal to allow such documents to be produced for any substantial cause. - HC
June 4, 2013
I.Tax:
Deduction u/s 80-IA & 80-IB - revenue can not disregard the profits of Unit 4 only on the basis that the profits were significantly higher than profits earned from other....
June 4, 2013
I.Tax:
Deductions u/s 80-I - whether ITAT was right in holding that Unit Nos. 2 & 3 are industrial undertakings for purposes of Sec. 80-I - Held yes - HC
June 4, 2013
I.Tax:
Interest on account of investment in shares disallowed - set off of interest received with interest paid - Order of the tribunal deleting the addition cannot be sustained - HC
June 4, 2013
I.Tax:
Registration u/s 12A - It is shocking to note that CIT has dropped the proceedings for cancellation without assigning any reason - The order being bereft of reasons, is.....
June 4, 2013
VAT:
Stay - requirement of pre-deposit - whether to deposit tax with interest etc. or only the tax portion alone - Section 17D(5) of KGST Act - interest is not included - HC
June 4, 2013
VAT:
Passive Infrastructure Services to mobile phone operators - Telecommunication infrastructure - right to use - there is no sale of goods and at any rate there is no......
June 4, 2013
Co.Law:
Voluntary winding up - huge loss - no steps taken by any of the creditors for recovery of their dues - Application for voluntary winding up rejected. - HC
June 3, 2013
C.Ex.:
Penalty for availing wrong SSI Exemption - maintainability of appeal before HC - such localized dispute does not fall within the exception of Section 35G of the Act. - HC
June 3, 2013
C.Ex.:
100% EOU - Export - Rebate / refund under Rule 18 - exempted goods - Revenue is bound to refund the rebate payable to the petitioner, in cash, subject to certain conditions - HC
June 3, 2013
C.Ex.:
Cenvat Credit - jurisdiction - The Commissioner, Raipur was given jurisdiction over State of Chhattisgarh by the 2001 Notification and not by the GOs - There is no......
June 3, 2013
S.Tax:
Stay - dismissal of petition for non deposit of predeposit - petitioners have fully made good the pre-deposit amount along with interest - matter restored before tribunal - HC
June 3, 2013
S.Tax:
Levy of service tax on Chit Fund - cash management - constitutional validity - Courts do not interfere with the fiscal policy where the Government acts in “Public Interest”. - HC
June 3, 2013
S.Tax:
Condonation of delay - Advocate, due to problems in his matrimonial life, did not pay attention - matter restored before tribunal for fresh decision. - HC
June 3, 2013
S.Tax:
Service Tax dispute - territorial jurisdiction of high court - Import of services - To confer jurisdiction on a Court even if a part of the cause of action arises within....
June 3, 2013
Cus.:
Crude palm oil imported, having acid value of more than 4, is entitled to get benefit of exemption of duty, and such exemption cannot be taken away by adding to the......
June 3, 2013
Cus.:
100% EOU - net foreign exchange earnings - NFE - Since the adjudicating order has treated both the capital goods and other goods on the same putting, the Tribunal was......
June 3, 2013
I.Tax:
Exemption u/s. 11 - ITAT allowed the claim though assessee failed to get the permission of the Charity Commissioner to raise loans for the trust - order of ITAT sustained - HC
June 3, 2013
I.Tax:
Whether findings of fact binding on to the High Court - This findings are, indisputably, binding unless shown that the facts are not correct or are perverse. - HC
June 3, 2013
I.Tax:
Loss on revaluation of security - securities maintained as per RBI Guidelines - only 30% treated as stock in trade - 70% treated as long term asset - HC
June 3, 2013
I.Tax:
Deduction u/s 80IA - tariff subsidy specifically given to meet the cost of power of the industrial undertaking - deduction allowed in respect of operational subsidy u/s - HC
June 3, 2013
I.Tax:
Interest on refund u/s 244A - Petitioner is entitled to receive interest from the date of actual deposit on the excess amount made in pursuance of the demand notice issued u/s 156 - HC
June 3, 2013
VAT:
Excise licenses for selling Indian Made Foreign Liquor in sealed bottles - objections raised by the Nagar Nigam cannot be ignored or taken lightly. - HC
June 1, 2013
S.Tax:
Condonation of delay - CESTAT observed that the Doctor in question is a skin specialist, the medical certificate issued by him for Hepatitis, is mis-conceived - CESTAT......
June 1, 2013
C.Ex.:
Cenvat Credit - Tool Kits - What is excluded is the fuel which is to be consumed for running of the vehicle. All goods which are part of the original equipment are......
June 1, 2013
C.Ex.:
Under valuation of the goods - application of Valuation Rules, 2000 need to be done in sequential manner and specific Rule needs to be applied. - AT
June 1, 2013
C.Ex.:
SSI Exemption - the conclusion that the assessee had deliberately not maintained the accounts under the excise law could not stand and such a finding could be said to be baseless. - HC
June 1, 2013
C.Ex.:
Levy of excise duty @1% or 5% on exempted goods vide Finance Act, 2011 - petition by the traders - levy on purchase of coal - decided against the purchasers / traders - HC
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Black Money .... Act, 2015
Black Money .... Rules, 2015
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