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Highlights / Annotations / Catch Notes For October of 2013

Home Highlights October October 2013 Year 2013

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October 11, 2013 Case Laws Central Excise AT

Court Rules: EOU Not Required to Export Reject Fabrics, Can Clear to DTA Without Additional Duty.
October 11, 2013 Case Laws Central Excise AT

Cenvat Credit Allowed for Motors and Parts Despite Tax Invoices Showing Complete Pump Sets Supply.
October 11, 2013 Case Laws Service Tax AT

Fees Collected for IATA Registration Not Considered Remuneration for Commercial Coaching Services.
October 11, 2013 Case Laws Service Tax AT

Tribunal Denies Waiver Request; Upholds Manpower Supply Classification Despite IT Service Claims.
October 11, 2013 Case Laws Service Tax AT

Simultaneous CENVAT Credit and Abatement Under Notification No.1/2006 Violates Conditions; Extended Limitation Period Invoked for Recovery.
October 11, 2013 Case Laws Service Tax AT

Court Rules Mineral Survey Data as Service, Not Goods; Affects Service Tax Applicability for Applicants.
October 11, 2013 Case Laws Service Tax AT

Court Considers Burden of Proving Nexus Between Cenvat Credit Inputs and Outputs; Assessee Challenges Requirement's Reasonableness.
October 11, 2013 Case Laws Service Tax AT

CENVAT Credit Denied for Capital Goods Acquired Before Service Tax Implementation Under Finance Act, 1994.
October 11, 2013 Case Laws Customs AT

Fraudulent Diversion of Crude Palm Oil Denies Leniency u/s 129E of the Customs Act, 1962.
October 11, 2013 Case Laws Customs HC

Court Rules: Licenses Issued Must Follow Policy Effective at Issuance Date, Not Application Date.
October 11, 2013 Case Laws FEMA HC

Adhering to regulations is essential for importing or exporting foreign currency; compliance is mandatory for all transactions.
October 11, 2013 Case Laws Income Tax HC

Interest Charges Not Enforceable by Assessing Officer if MoU Specifies No Interest for Payments Within Two Months.
October 11, 2013 Case Laws Income Tax HC

High Court Rules Block Assessment Unnecessary for Toll Plaza Employee in Section 153A Case Involving Cash Seizure.
October 11, 2013 Case Laws Income Tax HC

High Court Rules No TDS on Contractor Supplies: Classified as Sale of Goods, Not Works Contract u/s 194C.
October 11, 2013 Case Laws Income Tax HC

High Court Rules No Deductions Allowed When Income Estimated After Rejecting Books of Accounts, Including Depreciation.
October 11, 2013 Case Laws Income Tax HC

High Court Overturns AO's Decision on Taxpayer's Undisclosed Income u/s 68, Citing Lack of Basis.
October 11, 2013 Case Laws Income Tax HC

Section 142A DVO Reference Not Applicable to Assessments Finalized by September 30, 2004. Completed Assessments Remain Conclusive.
October 11, 2013 Case Laws Income Tax AT

Assessing Officer's objection overruled; iron ore sale loss allowed due to verified physical movement for export.
October 11, 2013 Case Laws Companies Law HC

Companies can extend their financial year by up to three months without special approval from the Registrar of Companies.
October 10, 2013 Case Laws Central Excise AT

Larger Bench Rules Against Assessee on SSI Exemption Benefit Turnover Limits; Partial Stay Granted in Clubbing Clearances Case.
October 10, 2013 Case Laws Central Excise AT

Court Grants Stay: CENVAT Credit Valid for Assessee Receiving Goods from Job Worker Who Paid Unrequired Duty.
October 10, 2013 Case Laws Central Excise AT

High Courts and Tribunal affirm rent-a-cab services for workers as input services u/r 2(I).
October 10, 2013 Case Laws Central Excise AT

Supplies to SEZs Classified as "Exports," Exempt from Rule 6 of Cenvat Credit Rules, Avoid Excise Obligations.
October 10, 2013 Case Laws Central Excise AT

CENVAT Credit for Capital Goods Depends on Final Product Dutiability at Receipt Time Under Central Excise Rules.
October 10, 2013 Case Laws Central Excise AT

Revenue's Claim on Factory Machinery as Immovable Property for CENVAT Credit Rejected.
October 10, 2013 Case Laws Central Excise AT

Clarifying CENVAT Credit: Rule 2(l) Ensures 'Includes' Doesn't Exclude Activities Already Under 'Means' Definition.
October 10, 2013 Case Laws Central Excise AT

Refund Claim Denied: Central Excise Classification and Liability Issues Already Resolved, No Merit in Further Pursuit.
October 10, 2013 Case Laws Service Tax AT

Ambiguity in Service Tax Exemption for Flavored Milk Transport by Goods Transport Agencies Under Discussion.
October 10, 2013 Case Laws Service Tax AT

Corporation's Employee Food Service Classified as Outdoor Catering; Service Tax Demand and Penalty Imposed.
October 10, 2013 Case Laws Service Tax AT

Court Stays Ruling on Manpower Supply Service Payment Process; Salary Paid by Agency, Not Service Receiver.
October 10, 2013 Case Laws Service Tax AT

Refund Claim Rejected: SEZ Services Exempt from Service Tax u/s 51 of the 2005 Act.
October 10, 2013 Case Laws Customs AT

Tuticorin Port Allows Deodorant Import with Bank Guarantee After MRP and Undervaluation Issues Resolved.
October 10, 2013 Case Laws Income Tax HC

Court Rules One-Day Scrip Holding Insufficient for Trading Business Classification, Impacting Income Classification Under Tax Law.
October 10, 2013 Case Laws Income Tax HC

Court Confirms Gifts from Various Sources Genuine; Only USA-Based Donor Not Assessed for Tax.
October 10, 2013 Case Laws Income Tax HC

High Court Rules Unlawful Attachment of Bank Accounts in Sick Industry Cases Without AAIFR Permission.
October 10, 2013 Case Laws Income Tax HC

Court Rules Share Capital Receipt as Capital, Not Revenue, Following SEBI Directives.
October 10, 2013 Case Laws Income Tax HC

Commissioner Must Assess Applications on Merit u/s 273A for Penalty Waivers in Income Tax Act.
October 10, 2013 Case Laws Income Tax HC

Amendment to Sections 139(8) and 215(3) on Interest Payable by Assessee Applies Prospectively, Not Retrospectively.
October 10, 2013 Case Laws Income Tax HC

Court Affirms Taxpayers' Autonomy Over Expenditures; Limits Tax Department's Authority on Spending Decisions.
October 10, 2013 Case Laws VAT and Sales Tax HC

Tribunal Can Address Legal Questions and Natural Justice Violations, Requires Exhausting Other Remedies First.
October 10, 2013 Case Laws VAT and Sales Tax HC

Agent Not Liable for Sales Tax; No Conspiracy with Tax Authority in Goods Transport Case.
October 10, 2013 Case Laws Companies Law HC

Court Affirms ITNL's Status as "Member" Eligible for Action under Companies Act Sections 111A, 397, 398, 399.
October 10, 2013 Case Laws Income Tax SC

Duty-Free Imports from Advance Licenses & Pass Books Count as Income in Import Year for Export Obligations.
October 10, 2013 Case Laws Income Tax SC

Court Rules on Tax Year Dispute: Unchanged Rates Make Revenue's Challenge Largely Academic with Minimal Impact.
October 9, 2013 Case Laws Central Excise AT

CENVAT Credit Valid Despite Procedural Lapses if Duty Paid, Received in Factory, and Used in Manufacturing Confirmed.
October 9, 2013 Case Laws Central Excise AT

Cenvat Credit Denied for Iron & Steel Used in Foundations: Items Not Considered Cenvatable Under Current Rules.
October 9, 2013 Case Laws Central Excise AT

Refund Eligibility Confirmed: Credit Notes Adjust Price and Duty, Entitling Respondent to Refund.
October 9, 2013 Case Laws Central Excise AT

Case Highlights Importance of Transparency in Duty Exemption Claims Under Notification 108/95-C.E. Amid Allegations of Fact Suppression.
October 9, 2013 Case Laws Central Excise AT

Penalty u/s 11AC Confirmed as Assessee Acknowledges Allegation of Suppression Without Contesting Limitation Demand.
October 9, 2013 Case Laws Central Excise AT

Goods Damage After Factory Removal Not Deductible in Valuation Under Central Excise Rules.

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