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Home e-Newsletters Index Year 2013 March Day 6 - Wednesday

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TMI Tax Updates - e-Newsletter
March 6, 2013

Case Laws in this Newsletter:

Income Tax Customs Corporate Laws Service Tax Central Excise CST, VAT & Sales Tax Indian Laws



Highlights / Catch Notes

    Income Tax

  • Residential status of the assessee - as per revenue the assessee was a resident of India whereas the Tribunal held assessee to be Non resident of India - Order of ITAT sustained in favor of assessee - HC

  • Registration u/s 12AA(3) cancelled - no evidence on the part of the department that the assessee had applied the rent received from the commercial property for non-charitable purpose - in favor of assessee - HC

  • Review application - the High Court under Section 151 Code of Civil Procedure, 1908 cannot correct the said mistake for which the remedy lies in filing an appeal. - HC

  • Order of ITAT - Tribunal was not required to give its independent finding when it had concurred with the findings of the Commissioner of Income Tax (Appeals). - HC

  • Authorization for search - Status of assessee - existence of AOP/BOI - evidence of existence - after the amendment of the Act by insertion of Section 292 CC with retrospective effect from 1.4.1976, even if the authorization had been issued in the joint names of several persons, assessment in the individual names can be made - HC

  • Reassessment u/s 147/148 - When the question of jurisdiction can be raised? - a question relating to jurisdiction which goes to the root of the matter can always be raised at any stage, be in appeal or revision - HC

  • Addition - retraction of statement - It was voluntary and therefore, the retraction made after almost four years appears to be an afterthought, which had rightly been disbelieved by the Tribunal - HC

  • Interest on Non SLR investments/CTR - cooperative banks who are carrying on banking business are entitled for deduction under Section 80P(2)(a)(i) of the Act - HC

  • Customs

  • Levy of anti-dumping duty - complete battery cell - import of various items for manufacturing of dry battery cells - Not liable to anti dumping duty - Revenue directed to release goods - HC

  • Service Tax

  • Reverse Charge - Levy of service tax on Intellectual property Rights (IPR) - Trade Mark License Agreement - Prmia facie case against the appellants - pre deposit ordered equal to 50%. - AT

  • Service tax on Repair and maintenance of building belonging to the Ministry of Defence and did not involve any commercial element - appellant has not made out a prima facie case - pre deposit ordered partly - AT

  • Cenvat Credit - Debit Note - Duty paying document - Rule 9 of CCR - appellant cannot be denied benefit of Cenvat credit without finding no deposit of service tax by service provider - AT

  • VAT

  • Interest on refund - the long time spent by the authorities in getting the verification of the TDS certificate would not absolve them from making payment of interest as provided - HC


Articles


Notifications


Circulars / Instructions / Orders


News


Case Laws:

  • Income Tax

  • 2013 (3) TMI 77
  • 2013 (3) TMI 76
  • 2013 (3) TMI 75
  • 2013 (3) TMI 74
  • 2013 (3) TMI 73
  • 2013 (3) TMI 72
  • 2013 (3) TMI 71
  • 2013 (3) TMI 70
  • 2013 (3) TMI 69
  • 2013 (3) TMI 68
  • Customs

  • 2013 (3) TMI 67
  • 2013 (3) TMI 66
  • Corporate Laws

  • 2013 (3) TMI 65
  • Service Tax

  • 2013 (3) TMI 82
  • 2013 (3) TMI 81
  • 2013 (3) TMI 80
  • 2013 (3) TMI 79
  • Central Excise

  • 2013 (3) TMI 85
  • 2013 (3) TMI 64
  • 2013 (3) TMI 63
  • 2013 (3) TMI 62
  • 2013 (3) TMI 61
  • CST, VAT & Sales Tax

  • 2013 (3) TMI 84
  • 2013 (3) TMI 83
  • Indian Laws

  • 2013 (3) TMI 78
 

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