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Highlights / Annotations / Catch Notes For January of 2014

Home Highlights January January 2014 Year 2014

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Showing 1 to 50 of 444 Records

12 3 4 5........ 9

January 31, 2014 Case Laws Central Excise

Rebate of Automobile Cess levied and collected under Automobile Cess Rules, 1984 and S.O. No. 247(E), dated 22-3-1990 is not admissible under Rule 18 of Central Excise......
January 31, 2014 Case Laws Central Excise

Cenvat credit - When there is a specific entry in a rule and the said entry pre-supposes that for the purpose of eligibility of credit of duty of inputs, those inputs......
January 31, 2014 Case Laws Central Excise

The furniture manufactured was cleared in CKD condition for ease of transportation and the respondents were only assembling the parts of the furniture at site - demand set aside - AT
January 31, 2014 Case Laws Central Excise

Duty of excise on promotional pack and trade pack - D Merely because the same is supplied free-of-cost, it does not obliterate the liability to pay excise duty of the......
January 31, 2014 Case Laws Service Tax

There is no service tax liability on underwriting fee or underwriting commission received by the primary dealers for dealing in Government securities; the same logic......
January 31, 2014 Case Laws Service Tax

Computer Data Processing comes under Information Technology Service and is excluded from the scope of Business Auxiliary Service - AT
January 31, 2014 Case Laws Income Tax

Application of Section 50B - Slump sale u/s 2(42C) - amalgamation - where a person carrying on business, transfers assets to a company in consideration of allotment of......
January 31, 2014 Case Laws Income Tax

Whether the loss in the cement division be set off against the profits from the finance division - The income tax authorities are not empowered to enforce the provisions....
January 31, 2014 Case Laws Income Tax

TDS on salaries - The employer while making deduction of tax at source is only required to have a broad picture of the estimated income on which tax is to be deducted......
January 31, 2014 Case Laws Income Tax

Whether the sale of property was adventure in the nature of trade - Held no - The sale of agricultural plot was not by way of business purpose - HC
January 31, 2014 Case Laws Income Tax

Whether sale consideration of a going concern be taxed as capital gains prior to the amendment introducing section 50B - Slump sale - Merely because the assessee has......
January 31, 2014 Case Laws Income Tax

Depreciation on the loss incurred units of CANSTAR or revenue expenditure - The assessee would be entitled to the claim as expenditure incurred in the business - HC
January 31, 2014 Case Laws Income Tax

Exemption u/s 54EC and 54F - LTCG - Merely because the original site which was allotted was cancelled, yet another site was allotted and the said site was also cancelled....
January 31, 2014 Case Laws Income Tax

Penalty u/s 271B - Tax Audit - It does not differentiate between commodities sold under the head speculative business or normal business - penalty confirmed - AT
January 31, 2014 Case Laws Companies Law

Tenancy - Petitioner Company did not vacate tenanted premises even after amalgamation - once the company stood dissolved the tenancy would automatically perish - Order......
January 30, 2014 Case Laws Service Tax

Service Tax Audit under EA-2000 - for the purpose of audit, the material can be collected either by the officer authorized by the Commissioner or by the Auditor himself.....
January 30, 2014 Case Laws Central Excise

Rejection of rebate claim - Rule 18 - NTF No. 19/2004-CE(NT) - Period of limitation of 6 months - the delay is only of about two months. The Commissioner should have......
January 30, 2014 Case Laws Central Excise

Insertion of Explanation in the notification no. 16/97 CE - Whether Retrospective of Prospective - Whether Clarificatory or declaratory - held as prospective in nature - HC
January 30, 2014 Case Laws Central Excise

Panel Board and PVC cables which do not participate in the manufacturing process and are only used for producing or processing of any goods eligible for Cenvat Credit as....
January 30, 2014 Case Laws Service Tax

Constitutional validity - Levy of the service tax on the works contract and Ready-mix Concrete - The provisions clearly relate only to the service component of the......
January 30, 2014 Case Laws Service Tax

Assessable value - reimbursements of expenses - inputs used in rendering services cannot be treated as reimbursable costs. - AT
January 30, 2014 Case Laws Service Tax

Valuation - Service of manpower supply - Assessee paid tax on the portion of the service charges retained by the appellants - the appellants are liable to pay service......
January 30, 2014 Case Laws Service Tax

Whether construction of hospital is a commercial or industrial construction - appellant cannot be prima facie faulted for having entertained a bonafide belief that their....
January 30, 2014 Case Laws Service Tax

Activity undertaken by the service provider involves radiation and convection using equipments like spraying ejector, steam ejector, nozzles with hoses and air......
January 30, 2014 Case Laws Customs

Duty Drawback - Merchant exporter - disallowing Central Excise portion of the drawback, in terms of the adjudicating authority and revisional order is hereby set aside - HC
January 30, 2014 Case Laws Income Tax

Deemed dividend - Trade advance which are in the nature of money transacted to give effect to commercial transaction would not fall within the ambit of the provisions of....
January 30, 2014 Case Laws Income Tax

Provisions of section 40(a)(ia) do not override the provisions of section 201 – assessee is liable to TDS on interest payments, even if it has not claimed the same as......
January 30, 2014 Case Laws Income Tax

Deduction u/s 80IB(10) - The assessee is not expected to fulfil the conditions which were not on the statute when such approval was granted to the assessee - HC
January 30, 2014 Case Laws Income Tax

The assessee has collected the funds from the public/depositors, who have deposited the money to earn interest - This amount is capital which will be utilized to earn income - HC
January 30, 2014 Case Laws Income Tax

Merely because while carrying out the activities for the purpose of achieving the objects of the Trust, certain incidental surpluses were generated, would not render the....
January 30, 2014 Case Laws Income Tax

While computing the profits of the said unit, the turnover of other 10A units cannot be added to arrive at the total turnover of the business as stipulated under Sub......
January 30, 2014 Case Laws Income Tax

Cancellation of registration of a trust on the ground that the activities of the trust or institution are not genuine or are not being carried out in accordance with the....
January 30, 2014 Case Laws Income Tax

If the amount of AMP expenses is disallowed by processing under both the sections, that is 37 and 92, there can be no scope for again reverting to section 37(1) as it......
January 29, 2014 Case Laws Central Excise

Reasonable steps / care to be taken before availing Cenvat Credit - The assessee, in the present case, was found to have duly acted with all reasonable diligence in its.....
January 29, 2014 Case Laws Central Excise

If the Tribunal had to reverse this view regarding invocation of the extended period of limitation, it was necessary for it to indicate some reasons why the factual......
January 29, 2014 Case Laws Central Excise

Availment of suo moto credit which was reversed earlier - eligible cenvat credit credit under Rule 6(5) of CCR - legally speaking there is no impediment in the asseesee.....
January 29, 2014 Case Laws Central Excise

Appropriation of the rebate claims with duty demand on the expiry of a stay - Revenue allowed to appropriate the duty amount with rebate but not allowed to adjust......
January 29, 2014 Case Laws Central Excise

In the absence of any provision in the Act or Rules specifically prohibiting restoration of appeal dismissed on the ground of non-deposit of penalty, the learned......
January 29, 2014 Case Laws Service Tax

Confirmation of service tax demand by invoking proviso to Section 73 (1) and waiver of penalty by invoking Section 80 do not go hand in hand- AT
January 29, 2014 Case Laws Service Tax

Service tax on Reverse change basis - the agreement is made between the applicant and the foreign service provider. Therefore, it cannot be said that the Foreign Service....
January 29, 2014 Case Laws Service Tax

Refund claim - Bar of limitation - appellant’s refund claim was maintainable and tax paid by the appellant under misconception of law was to be refunded - AT
January 29, 2014 Case Laws Customs

Denial of conversion of 3 Shipping Bills from DEPB scheme to Drawback - exporter cannot be penalized for the inaction of the department at the time of allowing the......
January 29, 2014 Case Laws Customs

Car should have been put to use for activities which earn foreign exchange though the argument that the entire export obligation should be discharged by earning from......
January 29, 2014 Case Laws Income Tax

Expenses as NPV of compensation paid to the Forest Department for utilization of forest land for non-forest purpose - Though NPV payment is a one-time payment, the same....
January 29, 2014 Case Laws Income Tax

Disallowance u/s 40(a)(ia) - The training was given to the pilots and other staff as per the requirement of the DGCA Rules – thus, it was only a part of the eligibility.....
January 29, 2014 Case Laws Income Tax

TDS u/s 194I - Whether the assessee is required to deduct tax at source from the payment of lease premium made to CIDCO during the years under consideration u/s 194I - Held no - AT
January 29, 2014 Case Laws Income Tax

Disallowance u/s 40A(2)(b) - there should be some material available before the AO for invoking section 40A(2)(a) to initiate action to disallow or refuse to deduct the.....
January 29, 2014 Case Laws Income Tax

The deduction u/s 10A, has to be given effect to at the stage of computing the profits and gains of business - This is anterior to the application of the provisions of......
January 29, 2014 Case Laws Income Tax

Exemption u/s 54F - provision says that within two years of sale the sass should have constructed the house but it does not mean that the construction should necessarily....
January 29, 2014 Case Laws Income Tax

Merely that the assessee followed cash system of accounting does not mean that any sum received as advance for his future use becomes his income - The addition made by......

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N: Specifying Forms prescribed in Appendix-II of the Income Tax Rules 196...

N: Securities and Exchange Board of India (Bankers to an Issue) (Amendmen...

N: Securities and Exchange Board of India (Buy-Back of Securities) (Secon...

H: Excess Input Tax Credit penalty appeal dismissed due to delay; court a...

H: Chit Funds Commission Not Subject to GST: High Court Quashes Notice.

H: Taxability of Additional Surcharge by Electricity Distribution Company...

H: Transport agency's bundled services disqualify it from GST exemption f...

H: Compensation for surrendering intellectual property rights treated as ...

H: Cooperative society eligible for tax deduction on interest from cooper...

H: Taxman overreached by turning limited scrutiny into wide-ranging probe...

H: TDS credit limited to income in return, excess related to past years' ...

H: Genuine anonymous donations not taxable. Grants not income if utilized...

H: Property investment source verification not valid grounds for reopenin...

H: Income Tax Assessment Notice Issued by Non-Jurisdictional Officer Quas...

H: Foreign tech firm wins case: No permanent establishment or royalty tax...

H: Simplified taxation for non-resident shipping biz: 7.5% presumptive in...

H: Freight charges paid to foreign shipping co. not taxable royalty or ch...

H: Software License & ICT Service Fees Taxability Re-examined - Royalty o...

F: INTERMEDIARY SERVICES OR EXPORT SERVICES

F: assessment order

F: Transfer of ITC without filing ITC-02

N: Exemption from specified income U/s 10(46) of IT Act 1961 – ‘National ...

A: Electronic Liability Register

A: From Inception to Exit- A Complete Guide to LLP Registration, Closure,...

A: Appeal filed beyond condonable period after writ proceedings disposal ...

A: Common Mistakes to Avoid While Making Income Tax Payments

F: PRE-DEPSOIT ISSUES

F: Merger of two GSTIN in the same State - Procedure to be followed

F: interest lability on ITC when payment to supplier is made after 180 days

F: GST on Solar Plant