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Home e-Newsletters Index Year 2015 June Day 11 - Thursday

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TMI Tax Updates - e-Newsletter
June 11, 2015

Case Laws in this Newsletter:

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



News


Circulars / Instructions / Orders


Highlights / Catch Notes

    Income Tax

  • Exemption u/s.11 denied - Simply because the assessee was registered under section 12 AA of the Act does not entitle it to claim its entire income as exempt under section 11 of the act but for getting that exemption the assessee is required to further satisfy condition of applying 85% of its income for charitable activities - AT

  • Addition on account of cessation of liability u/s 41 - it is on part of AO to prove that the assessee has obtained the benefits in respect of such trading liabilities by way of remission or cessation which he fails to do - in the absence of the creditor, it is not possible for the authority to come to a conclusion that the debt is barred and has become unenforceable - AT

  • Pro-rata deduction u/s 80IB - merely because the assessee had violated the provisions of section 80IB(10)(c) of the Act in respect of two units i.e. row houses D-3 and D-4, the deduction under section 80IB(10) could not be denied in entirety. - AT

  • Exemption claimed u/s 80 IC denied - denial of relief in the subsequent years would not be permissible without disturbing the assessment in the initial assessment year. - AT

  • Condonation of delay in filing an appeal - the assessee was assisted by a team of experts/taxation heads/qualified persons, therefore, we find no merit in the claim of the assessee for condoning the delay. - AT

  • Authorization to file an appeal - At least the senior officer such as Commissioner of Income Tax should have carefully perused the record and CIT(A)'s order before granting authorisation - AT

  • Disallowance of commission paid - contract was awarded by the PSU of the Government of India in the year 1999 and the agreement with the commission agents has been entered into on 01/04/2000 for rendering the services of negotiating rate difference and follow up payment realization - deduction of commission allowed - AT

  • Penalty u/s 158BFA(2) - unexplained investment in house property and unexplained marriage expenditure - additions made on estimation basis and not on the basis of any concrete evidence found in the course of search - no penalty - AT

  • Service Tax

  • Classification of service - activity of lining, coating, loading and unloading etc. with the aid of her team (other workers) - the same is definitely not classifiable under manpower recruitment and supply agency service - AT

  • Denial of CENVAT Credit - Commissioner has not discussed at all as to how the consultancy services received from foreign service providers are not covered by the definition of 'input service' - matter remanded back - AT

  • Central Excise

  • If assessee has paid excess duty on all clearances during the relevant period, such excesses have to be taken into account for confirming the demand of duty in terms of the provisions of Rule 10A of Central Excise Valuation Rules - AT

  • Levy of interest on deferential duty - price increase retrospectively - amount collected through supplementary invoices - levy of interest confirmed - HC

  • Binding nature of circular - Officers of the department cannot in violation to the circular proceed to take action by saying that the circular is only advisory in nature or that it is not a circular issued under the statutory rule - HC

  • Maintainability of appeal - Bar of limitation - order was pronounced in the open court - period of limitation should commence to run from the date on which the petitioner received the certified copy of the order passed by the Tribunal along with papers - HC

  • VAT

  • Input tax credit - intention of a party has to be judged from its action - the petitioner has been selling almost all its produce outside the State of Tripura. - no hesitation in holding that it was not the intention of the petitioner, while setting up the plant, to sell the produce in Tripura - HC

  • Input tax credit - The assessee claimed input tax credit by depicting the true and correct facts. Though we have decided the case against the assessee, but it cannot be said that the dealer had claimed this input tax credit with a view to evade or avoid payment of tax. It is a plain and simple case of different interpretations of the provisions of law. - Minimum penalty of 10% imposed - HC

  • Rejection of ST-35 form - Delhi sales tax - There is nothing to show that the selling dealer (the assessee) could have known as to for which assessment year the specific form had been issued by the department. For his purposes, the endorsement on the top showing it to be a form pertaining to AY 2000-01 was sufficient. - HC


Case Laws:

  • Income Tax

  • 2015 (6) TMI 309
  • 2015 (6) TMI 308
  • 2015 (6) TMI 292
  • 2015 (6) TMI 291
  • 2015 (6) TMI 290
  • 2015 (6) TMI 289
  • 2015 (6) TMI 288
  • 2015 (6) TMI 287
  • 2015 (6) TMI 286
  • 2015 (6) TMI 285
  • 2015 (6) TMI 284
  • 2015 (6) TMI 283
  • 2015 (6) TMI 282
  • 2015 (6) TMI 281
  • 2015 (6) TMI 280
  • 2015 (6) TMI 279
  • 2015 (6) TMI 278
  • 2015 (6) TMI 277
  • 2015 (6) TMI 276
  • 2015 (6) TMI 275
  • 2015 (6) TMI 274
  • 2015 (6) TMI 273
  • Customs

  • 2015 (6) TMI 297
  • 2015 (6) TMI 296
  • 2015 (6) TMI 295
  • Corporate Laws

  • 2015 (6) TMI 294
  • Service Tax

  • 2015 (6) TMI 307
  • 2015 (6) TMI 306
  • 2015 (6) TMI 305
  • Central Excise

  • 2015 (6) TMI 302
  • 2015 (6) TMI 301
  • 2015 (6) TMI 300
  • 2015 (6) TMI 299
  • 2015 (6) TMI 298
  • CST, VAT & Sales Tax

  • 2015 (6) TMI 304
  • 2015 (6) TMI 303
  • Indian Laws

  • 2015 (6) TMI 293
 

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