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Highlights / Annotations / Catch Notes For January of 2017

Home Highlights January January 2017 Year 2017

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Showing 151 to 200 of 442 Records

1 2 345 6 7 8........ 9

January 19, 2017 Case Laws VAT and Sales Tax

Valuation - If taxable turnover is to be comprised of sale/purchase price, it is beyond one's comprehension as to why the trade discount should be disallowed, subject to....
January 19, 2017 Case Laws VAT and Sales Tax

Entry tax - malted barley / barley malt, hops pellets and maize flakes are not agricultural / horticultural produce falling under entry 2 of Schedule II of the Act and......
January 19, 2017 Case Laws Income Tax

Disallowance of one-third of directors’ foreign travel and conveyance expenses - If the object of the undertaken tour is commercial in nature, the expenditure would......
January 19, 2017 Case Laws Income Tax

TDS u/s 194C OR 194J - Payments made to the production houses towards cost of production of film/advertisement were nothing but contract payments made by the assessee......
January 19, 2017 Case Laws Income Tax

Nature of amount paid by the company to its director - temporary advances or salary - AO has been overtly influenced by the explanation of the representative of the......
January 19, 2017 Case Laws Income Tax

TDS u/s 194J - Disallowance u/s 40(a)(ia) - non deduction of tax at source on the payments made by the assessee hospital to the doctors and pathology laboratory in......
January 19, 2017 Case Laws Income Tax

Method of account - project completion method - Reversal of the excess profits recognised as income in the post period - this kind of rectification / reversal of entries....
January 19, 2017 Case Laws Income Tax

Disallowance of the business promotion expenditure through credit cards - If the AO had any doubt, it was his duty to make further investigation and pinpoint the actual.....
January 19, 2017 Case Laws Service Tax

Credit availed on services specified u/r 6(5) of CCR on the ground the service provider has wrongly classified the services - the classification and categorization of......
January 19, 2017 Case Laws Central Excise

CENVAT credit - sales commission - there need not be manufacture unless there is sale of product. Hence, the commission paid on sales becomes part of sales promotion......
January 19, 2017 Case Laws Central Excise

Whether Cenvat credit can be permitted, when CVD is paid using the DEPB? - it cannot be alleged that the appellant indulged in suppression of facts with deliberate......
January 19, 2017 Case Laws Central Excise

CENVAT credit on Capital goods - capital goods were used for the manufacture of excisable goods on which duty was paid - subsequently assessee opted for exemption -......
January 19, 2017 Case Laws Customs

Raw grade palm oil would mean it is crude oil and merits classification under 15111000 and not under 15119090, as crude palm oil which is imported and declared as such - AT
January 18, 2017 Case Laws VAT and Sales Tax

Valuation - the siding and shunting charges would not form part of the sale price and thus the AO had rightly excluded the same from the computation of the sale price - HC
January 18, 2017 Case Laws Income Tax

Eligibility to claim of deduction u/s 5F - even though the property was registered in the name of assessee’s wife and daughter in law the deduction as claimed by the......
January 18, 2017 Case Laws Income Tax

Validity of reopening of assessment - The allegation is of bogus loss from brokers by client code modification being booked in the accounts - such loss was not placed......
January 18, 2017 Case Laws Income Tax

TDS u/s 194I - Passenger Service Fees (PSF) - PSF paid by the asssessee to the airport operators was not covered under the definition of rent given in the Explanation......
January 18, 2017 Case Laws Income Tax

Estimation of profit @ 8% on the alleged bogus purchases - the assessee has failed to prove beyond doubt that the purchases made from the concerned parties are genuine,.....
January 18, 2017 Case Laws Income Tax

Revision u/s 263 - nature of modification and improvement expenditure leasehold Workshop - the observation of the CIT that said expenditure is capital in nature (not......
January 18, 2017 Case Laws Income Tax

Treatment to issuance of CCDs as a loan - TPA - issuance of CCDs was denominated in Indian Rupees and not foreign currency. Therefore, TPO has erred in considering LIBOR....
January 18, 2017 Case Laws Income Tax

Adjustment arrived by TPO in respect of notional interest - buyback of shares - assessee had given justification of the buy-back price by pointing-up the NAV of the......
January 18, 2017 Case Laws Income Tax

Penalty u/s 271(l)(c) - it is a case where the hypothesis of there being a concealment of income and there not being concealment of income are equal - no penalty - AT
January 18, 2017 Case Laws Income Tax

Exemption U/s 11 and 12 - non charitable activities - receipt of rent - the dominant motive in this case is not earning profit but to do charity in the form of public......
January 18, 2017 Case Laws Income Tax

Protective assessment - Double addition - the fact that a protective assessment has been completed against the assessee’s wife does not ipso facto mean that assessment......
January 18, 2017 Case Laws Central Excise

Valuation - the goods were partly sold at factory gate and duty was paid. Remaining goods were transferred to the Depot. Therefore, Rule 7 of Central Excise (Valuation).....
January 17, 2017 Case Laws Income Tax

Exemption u/s 11 - Assessee is giving training in the area to seamen - All the courses may not be approved by the Director General of Shipping but that by itself is no......
January 17, 2017 Case Laws Income Tax

The subsidy received as Excise Duty reimbursement from the State of Bihar was in the nature of capital receipt. Hence the same cannot be added to arrive at book profits u/s 115J - HC
January 17, 2017 Case Laws Income Tax

Prosecution u/s 276CC for non filing of ITR - the contention that the section which prescribes that if the assessee fails to file the return within the time due, the......
January 17, 2017 Case Laws Service Tax

Place of provision of service - the service received by the employee of the assessee at New York, cannot be said to be service rendered from America or outside India and....
January 17, 2017 Case Laws Service Tax

Levy of penalty - the appellant had paid the tax prior to issue of the show cause notice, the whole show cause notice is bad and not tenable under the provisions of......
January 17, 2017 Case Laws Central Excise

Valuation - related party - Rule 9 of valuation rules clearly stipulates that if the goods are cleared to a person who is consuming the same, then the provisions of Rule....
January 17, 2017 Case Laws Central Excise

Dutiability of Untrimmed Sheets of Copper - intermediate goods - captive consumption - untrimmed Sheets and circles of Copper are not liable to duty because the......
January 16, 2017 News GST

GST council is now reaching towards consensus on most issues including Dual Control and power to levy GST on transaction made within the Territorial Water - Most likely.....
January 16, 2017 Case Laws Income Tax

Exemption u/s 54F - Merely, because the claim was made by a revised return which was not a valid return in the eyes of the law, the claim of exemption cannot be denied......
January 16, 2017 Case Laws Income Tax

Revision u/s 263 - MAT computation u/s 115JB - there was no justification for the CIT to use his revisionary powers in the case under consideration. It is to be......
January 16, 2017 Case Laws Service Tax

CENVAT credit - duty paying document - CSR is a summary of AWBs, i.e., invoices raised by the airlines - whether availment of credit on the document called Cargo Sales......
January 16, 2017 Case Laws Service Tax

Maintainability of appeal - rejection on the ground that the amount involved is less than ₹ 10,00,000/- adverse judgment relating to issue of classification having....
January 16, 2017 Case Laws Central Excise

CENVAT credit - capital goods - the assessee falls in the second clause of Rule 6(4), which provides an exception, and as such, the credit is available on capital goods,....
January 16, 2017 Case Laws Central Excise

Manufacture - there is no purchase order for such glazed panels by the clients in the present case - the indivisible works contract talks about installation of glazed......
January 16, 2017 Case Laws Central Excise

Reversal of CENVAT credit in case of Trade Discount - It is undisputed that the duty paid by the input manufacturers remained unaltered in the present case even after......
January 16, 2017 Case Laws Central Excise

Refund of Cenvat credit was available on inputs used in manufacture of goods cleared by DTA unit to 100% EOU. Refund could not be denied on ground that it was a case of.....
January 16, 2017 Case Laws Customs

Period of limitation for filing refund claim of SAD - Notification No.102/2007 Cus - the original exemption notification neither stipulated a time period, it was......
January 16, 2017 Case Laws VAT and Sales Tax

Classification of deoiled cake - goods specified in Entry-3 are 'Deoiled Cake including soya meal' and the expression 'Deoiled cake' is a generic expression which would.....
January 14, 2017 Case Laws Income Tax

Stock Appreciation right expenses claimed by the appellant is not in a capital expenses, but revenue expenditure and ascertained liability therefore it is allowable expenses - AT
January 14, 2017 Case Laws Income Tax

Addition u/s.68 - AO has merely stated that the father of the assessee had meagre income - department cannot by merely rejecting unreasonably a good explanation convert.....
January 14, 2017 Case Laws Income Tax

TDS u/s 195 - Royalty - providing of services to use of equipment and right to use equipment - There mere fact that there were certain technical inputs or that the......
January 14, 2017 Case Laws Income Tax

Validity of reopening of assessment - AO is under obligation to dispose of the objection raised by the assessee for the reopening of the case u/s 147 by way of speaking.....
January 14, 2017 Case Laws Income Tax

Levy of penalty u/s 271(1)(c) - since there is only a change of head of income from ‘STCG’ as declared by the assessee to ‘business income’ as held by the AO and no......
January 14, 2017 Case Laws Income Tax

Unexplained creditors - Refusal of the Settlement Commission to make any additions on the basis of the entries in the Cash Flow Statement [CFS] of the alleged advances......
January 14, 2017 Case Laws Income Tax

Admissibility of expenditures u/s 37 - there is no violation by the assessee in so far as giving any kind of freebies to the medical practitioners - such kind of......

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