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Highlights / Annotations / Catch Notes For 2017

Home Highlights Year 2017

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1 ....54 55 56 575859 60 61 62........ 95

April 22, 2017 Case Laws VAT and Sales Tax HC

Assessees must pre-deposit 15% of tax demand; refund claims can't bypass this requirement.
April 22, 2017 Case Laws Companies Law HC

Company Name Restoration Possible if Overdue Documents Submitted to Registrar of Companies for Decision on Revival.
April 22, 2017 Case Laws Income Tax SC

Gujarat High Court rules advertisement and public issue expenses as capital expenditure u/s 143(1), binding in Gujarat.
April 22, 2017 Case Laws Income Tax HC

High Court allows NAFED's interest deduction to Alimenta, clarifying obligation despite judgment stay. Discusses confirmed vs. contingent liability.
April 22, 2017 Case Laws Income Tax HC

Tribunal Error: Goodwill Sale on Feb 28, 1999, Must Be Taxed in Current Year Due to Full Consideration Received.
April 22, 2017 Case Laws Income Tax AT

Taxation on Salary: Only Actual Salary After Notice Pay Deductions is Taxable u/s 16 of Income Tax Act.
April 22, 2017 Case Laws Income Tax AT

Resale Price Method is Key for Transfer Pricing Analysis of Goods Bought from Associated Enterprises Without Value Addition.
April 22, 2017 Case Laws Income Tax AT

Section 41(1) Still Applies: Business Loses Section 80P Benefits Due to Legal Changes in Income Tax Act.
April 22, 2017 Case Laws Income Tax AT

Appellate authorities can address MAT adjustments for gratuity and leave encashment if all facts are recorded.
April 22, 2017 Case Laws Income Tax AT

False Exemption Claim on LTCG u/s 10(38) Doesn't Automatically Mean Inaccurate Income Reporting u/s 271(1)(c).
April 22, 2017 Case Laws Service Tax AT

CENVAT Credit Allowed Despite Head Office Not Registered as ISD; Procedural Infractions Overlooked.
April 22, 2017 Case Laws Service Tax AT

Software Export Not Taxable Service; Assessee Eligible for Cenvat Credit; Section 11B Limitation Not Applicable on Cenvat Refund.
April 22, 2017 Case Laws Central Excise AT

Loan Transaction of Rs. 5 Lakhs with Interest Does Not Make Entities Related Under Central Excise Rules.
April 22, 2017 Case Laws Central Excise AT

Appellant Denied Service Tax Credit on Motor Vehicle Hires, Including Tractors, Under Exclusion Rules.
April 22, 2017 Case Laws Central Excise AT

Refund Granted for Protest Payment Using Cenvat Credit u/s 11B of Central Excise Act.
April 21, 2017 Case Laws Service Tax AT

Tax on Renting Immovable Property for Business Use Overturned; Nature of Parties Irrelevant to Tax Scope.
April 21, 2017 Case Laws Service Tax AT

Hotel Room Charges Excluded from Mandap Keeper Service Category for Service Tax in Event Hires.
April 21, 2017 Case Laws Service Tax HC

High Court Rules Registration Not Required for Cenvat Credit Refund u/r 5 of 2004 Rules.
April 21, 2017 Case Laws VAT and Sales Tax HC

High Court Confirms Higher 12.5% Tax Rate for Cement After Petitioner Used Fraudulent Registration Document.
April 21, 2017 Case Laws Indian Laws SC

Mumbai Courts Hold Exclusive Jurisdiction in Arbitration Agreement Due to Being Designated Juridical Seat.
April 21, 2017 Case Laws Indian Laws SC

Supreme Court Affirms Rule 5: Swift Recovery for Micro, Small Enterprises in Madhya Pradesh as Land Revenue Arrears.
April 21, 2017 Case Laws Income Tax SC

Business Sale Taxed as LTCG, Not STCG, Under Income Tax Act; Section 50(2) Inapplicable for Entire Business Sale.
April 21, 2017 Case Laws Income Tax HC

High Court Upholds Special Audit u/s 142(2A) Due to Complex Business Transactions and Specialized Activities.
April 21, 2017 Case Laws Income Tax HC

Reopening Assessment: Incorrect Claim of Interest Paid to Indian Banks for Tanker Hire Charges in Foreign Currency.
April 21, 2017 Case Laws Income Tax HC

Amendment to Income Tax Act Section 142(2C) on "suo motu" Special Audit Authority Effective from April 1, 2008.
April 21, 2017 Case Laws Income Tax AT

Flower Beds Below Floor Level Excluded from Constructed Area for Section 80IB(10) Tax Deduction Eligibility.
April 21, 2017 Case Laws Income Tax AT

Taxing Unapproved Flat Advance Is Unjustified; Income Declared Post-Approval Can't Be Taxed Twice.
April 21, 2017 Case Laws Income Tax AT

Tax Authority Must Consistently Apply Expert Opinions on Poultry Manure in Agricultural Tax Assessments, Rules CIT(A.
April 21, 2017 Case Laws Income Tax AT

TPO's Role Limited to Evaluating Arm's Length Pricing, Not Benefits in Royalty Payment Agreements.
April 21, 2017 Case Laws Service Tax AT

Guilty of Fact Suppression: Equal Penalty Imposed u/s 78 of the Finance Act, 1994.
April 21, 2017 Case Laws Service Tax AT

Penalty and Extended Limitation Unjustified for Non-Declaration Amid Contentious Service Tax Obligation Due to Ongoing Litigations.
April 21, 2017 Case Laws Central Excise AT

Refund Granted: Pre-Deposit Recorded as Expenditure Not Unjust Enrichment, Says Court in Central Excise Case.
April 20, 2017 Case Laws Service Tax AT

Agency Fee Classified as "Consulting Engineer Service" for Tax Purposes; Service Tax and Penalty Confirmed on Road Projects.
April 20, 2017 Case Laws Service Tax AT

EPFO's Inspection and Administrative Charges Not Subject to Service Tax Under Employees' Provident Funds Act 1952.
April 20, 2017 Case Laws Service Tax AT

Export of Service Rules, 2005: Business Auxiliary Service Tax Demand Overturned; Services Classified as Exports Based on Consumption Location.
April 20, 2017 Case Laws Service Tax AT

Reversal of Credit Allows Abatement Benefit Under Notification No. 1/2006-Service Tax After Initial Denial Due to Credit Use.
April 20, 2017 Case Laws Service Tax AT

Excess Service Tax Adjustment Allowed Across Quarters u/r 6(4A) of Service Tax Rules, 1994.
April 20, 2017 Case Laws Service Tax AT

Interest Not Required for Retrospective Liabilities in Renting of Immovable Property Service; Demand for Penalty Set Aside.
April 20, 2017 Case Laws Service Tax AT

Appellants' CENVAT Credit Claim on VAT and Personal Calls Rejected Due to Lack of Documents; Dismissed on Limitation Grounds.
April 20, 2017 Case Laws Service Tax AT

Lessor's Payments for Factory Workers Not Taxable Under Manpower Recruitment and Supply Services.
April 20, 2017 Case Laws Central Excise AT

Waiver of Pre-Deposit u/s 35F: 7.5% Duty Deposit Required for All Cases Post-Finance Bill 2014 Amendment.
April 20, 2017 Case Laws Central Excise AT

Appellant Can Use Compounding Facility Per Notification 34/2001-CE, No Duty on Aluminum Scrap Under 89/95-CE.
April 20, 2017 Case Laws Central Excise AT

Section 11B Limitation Not Applicable: Refund Request u/r 6(3) Cenvat Credit Rules Accepted.
April 20, 2017 Case Laws Central Excise AT

No Interest on Delayed Central Excise Refund Due to Timely Tribunal Order and Re-quantification Process.
April 20, 2017 Case Laws Central Excise AT

Appellant Rightly Avails CENVAT Credit for Service Tax on Biscuit Transportation u/r 3 of CCR.
April 20, 2017 Case Laws Central Excise AT

CENVAT Credit Valid Despite Missing Loan License for M/s Wanbury Ltd.; Consignee Named on Invoices.
April 20, 2017 Case Laws Customs SC

Anti-Dumping Duty on Graphite Electrodes from China Upheld; Tribunal Confirms Proper Valuation Method Used by Authority.
April 20, 2017 Case Laws Customs HC

High Court Rules Sealing Factory Premises Under EPCG Scheme Violates Section 110 of Customs Act, 1962 Protocols.
April 20, 2017 Case Laws VAT and Sales Tax HC

High Court Rules Interest Mandatory for Late Tax Deposits Under UPVAT Act Section 34(8); Tribunal's Penalty Deletion Unjustified.
April 20, 2017 Case Laws VAT and Sales Tax HC

High Court Rules: Reversal of Input Tax Credit Doesn't Cancel Dealer's Registration Under VAT and Sales Tax Act.

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