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Home e-Newsletters Index Year 2014 September Day 17 - Wednesday

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TMI Tax Updates - e-Newsletter
September 17, 2014

Case Laws in this Newsletter:

Income Tax Customs Service Tax Central Excise CST, VAT & Sales Tax



Highlights / Catch Notes

    Income Tax

  • TDS Credit - Whether the Tribunal is right in holding that the assessee is not entitled to the credit of tax deducted at source on the amounts paid on sub- contract works - held yes - HC

  • Application of section 14A r.w rule 8D – When there is a mixed account and the assessee is carrying on the business, it is practically impossible to specify which particular portion of the expenditure was incurred for the purpose of earning dividend income - the assertion of the assessee that no expenditure was incurred for earning of dividend income is a bald assertion - AT

  • Educational activity or not – it simply providing the services to various Government Agencies both Indian & Overseas to hold seminars, to educate people in the areas of Urban Hosing Development for poor and for their upliftment - assessee’s activities fall under the 2nd limb of the Section 2(15) - AT

  • Unapproved revenue expenditure if not allowable u/s 35(2AB) of the Act, in absence of approval from DSIR, certainly can be allowed as deduction u/s 35(1)(i) and 37(1) of the Act as the case may be - AT

  • Imposition of penalty u/s 271(1)(c) – mere admission of appeal by the High Court is sufficient to debar the penalty levied u/s.271(1)(c) of the Act - AT

  • Imposition of penalty u/s 271(1)(c) – the penalty imposed for disallowing claim of expenditure on foreign education and foreign travelling cannot be upheld - AT

  • Customs

  • Restoration of appeal before tribunal - It prima facie appears to us that as such there was no malafide intention on the part of the petitioner in prolonging the hearing and/or in not appearing before the learned Tribunal - appeal restored - HC

  • Condonation of delay of 413 days in filing the appeal before the Tribunal - appellant had categorically stated in his petition about his illness - delay condoned - HC

  • Directions in DGFT Policy Circular, to reopen the SFIS cases and to make recoveries in accordance with decisions taken at PIC meeting of 5-7-2010, is quashed and set aside - HC

  • Service Tax

  • Import of services - Business Exhibitions conducted abroad - Technical Inspections were done outside India - Since, these services are performed outside India there is no service tax liability on the services in view of the above provisions. - AT

  • Business auxiliary services - the addition of additives in their own units and selling to their customer, cannot be treated as a service provider - AT

  • Central Excise

  • Stay Application under Section 35F - Non appearance of assessee - The matter is remitted to the Tribunal to decide the application for pre-deposit afresh in accordance with law after affording an opportunity of hearing to the petitioner - HC


Articles


Notifications


Circulars / Instructions / Orders


News


Case Laws:

  • Income Tax

  • 2014 (9) TMI 520
  • 2014 (9) TMI 519
  • 2014 (9) TMI 518
  • 2014 (9) TMI 517
  • 2014 (9) TMI 516
  • 2014 (9) TMI 515
  • 2014 (9) TMI 514
  • 2014 (9) TMI 513
  • 2014 (9) TMI 512
  • 2014 (9) TMI 511
  • 2014 (9) TMI 510
  • 2014 (9) TMI 509
  • 2014 (9) TMI 508
  • Customs

  • 2014 (9) TMI 525
  • 2014 (9) TMI 524
  • 2014 (9) TMI 523
  • 2014 (9) TMI 522
  • 2014 (9) TMI 521
  • Service Tax

  • 2014 (9) TMI 544
  • 2014 (9) TMI 543
  • 2014 (9) TMI 542
  • 2014 (9) TMI 541
  • 2014 (9) TMI 540
  • 2014 (9) TMI 539
  • 2014 (9) TMI 538
  • 2014 (9) TMI 537
  • Central Excise

  • 2014 (9) TMI 536
  • 2014 (9) TMI 535
  • 2014 (9) TMI 534
  • 2014 (9) TMI 533
  • 2014 (9) TMI 532
  • 2014 (9) TMI 531
  • 2014 (9) TMI 530
  • 2014 (9) TMI 529
  • 2014 (9) TMI 528
  • 2014 (9) TMI 527
  • 2014 (9) TMI 526
  • CST, VAT & Sales Tax

  • 2014 (9) TMI 507
  • 2014 (9) TMI 506
  • 2014 (9) TMI 505
  • 2014 (9) TMI 503
 

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