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Highlights / Annotations / Catch Notes For October of 2013

Home Highlights October October 2013 Year 2013

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October 9, 2013 Case Laws Service Tax AT

Partial Stay Granted on Valuation of Construction Abatement Including All Materials for Commercial and Residential Complexes.
October 9, 2013 Case Laws Service Tax AT

Valuation of Self-Provided Services u/s 67: Service Tax Implications for Export without Foreign Exchange.
October 9, 2013 Case Laws Service Tax AT

SSI Exemption Applies Individually to Co-Owners in Rent Services Under Notification No. 6/2005-ST.
October 9, 2013 Case Laws Service Tax AT

Applicant Granted Franchise Rights; No Prima Facie Case for Total Service Tax Pre-Deposit Waiver; Limitation Period Issue.
October 9, 2013 Case Laws Service Tax AT

Stay Granted in Service Tax Case on Vehicle Purchase Discounts Involving Marketing Commission.
October 9, 2013 Case Laws Customs HC

Appellate Committee's DEEC License Decision Faces Scrutiny for Ignoring Key Statements in Process Error.
October 9, 2013 Case Laws Customs HC

High Court Denies Relief; Finds No Grounds to Quash Detention Order u/s 3(1) COFEPOSA at Pre-Execution Stage.
October 9, 2013 Case Laws Customs AT

Condition 13(i) of Notification 103/2008-Cus(N.T): Duty Drawback Eligibility Tied to Goods, Not Claimant Identity.
October 9, 2013 Case Laws Indian Laws SC

Supreme Court Affirms Pensions Can't Be Withheld Without Legal Authority, Citing Article 300A of the Indian Constitution.
October 9, 2013 Case Laws Income Tax HC

Consultancy Charges as International Transactions: Importance of Establishing Arm's Length Price for Tax Compliance.
October 9, 2013 Case Laws Income Tax HC

Court Rules Section 69B Additions Invalid for Inflated Stock Statements; Discrepancies Are Not Conclusive Evidence of Unaccounted Income.
October 9, 2013 Case Laws Income Tax HC

Court Affirms Commissioner's Order on Case Transfer u/s 127; Emphasizes Non-Arbitrary, Reasonable Justifications Required.
October 9, 2013 Case Laws Income Tax HC

Penalty Notice Issued After Deadline Expired; No Action Taken u/s 271(1)(c) of the Income Tax Act.
October 9, 2013 Case Laws Income Tax HC

Interest Expense Disallowance Overturned: Sister Concern Loans at 6% vs. Borrowing Rate of 12% Justified.
October 9, 2013 Case Laws Income Tax HC

Court Rules Bond Issuance Costs as Revenue Expenditure, Allowing Tax Deduction and Reducing Taxable Income Impact.
October 9, 2013 Case Laws Income Tax HC

High Court Clarifies: Taxpayer Refunds Don't Remove Liability u/s 41(1) of Income Tax Act.
October 9, 2013 Case Laws Income Tax HC

High Court Rules Notice u/s 143(2) Mandatory for Valid Reassessment u/s 147 of Income Tax Act.
October 9, 2013 Case Laws Income Tax HC

High Court Rules Assessee in Joint Development Agreement as Landowner for Section 80IB(10) Tax Benefits.
October 9, 2013 Case Laws Income Tax SC

Supreme Court confirms Section 234D can't apply retroactively for excess tax refunds before June 1, 2003.
October 9, 2013 Case Laws Income Tax AT

Section 40(a)(ia) Disallows Expenses Without TDS Deduction, Covering Payments Throughout Fiscal Year for Compliance.
October 9, 2013 Case Laws Income Tax AT

Section 14A Disallowance Not Applicable When Shareholders' Funds Exceed Investments in Income Tax Matters.
October 9, 2013 Case Laws Income Tax AT

Penalty Confirmed for Non-Disclosure of Short-Term Capital Gains u/s 271(1)(c) of the Income Tax Act.
October 9, 2013 Case Laws VAT and Sales Tax HC

Notification Under 1954 Act Doesn't Invalidate Rebate Claimed with 'C' Form Under 1956 Act.
October 9, 2013 Case Laws VAT and Sales Tax HC

Tribunal's Decision on Goods Classification Lacks Evidence Under UP Trade Tax Act Section 4B(5.
October 8, 2013 Case Laws Central Excise HC

High Court Overturns Settlement Commission's Majority Opinion in Central Excise Case, Upholds Minority View.
October 8, 2013 Case Laws Central Excise AT

Decantation and Distillation of Crude Oil Not Considered Manufacturing Under Legal Framework.
October 8, 2013 Case Laws Central Excise AT

CENVAT Credit Denied for Aluminium and Copper Coils in Transformer Repair; Items Not 'Goods' Under Central Excise Act.
October 8, 2013 Case Laws Central Excise AT

Court Grants Stay on SSI Exemption Case: Dispute Over Branded Goods Value in Rs. 4 Crore Clearance Limit.
October 8, 2013 Case Laws Central Excise AT

Court Rules Bulk Toothbrush Packs Not Retail; Valuation Under Transaction Value, Not MRP as per Central Excise Act.
October 8, 2013 Case Laws Central Excise AT

CENVAT Credit Eligibility: Racks Classification as Capital Goods or Inputs Shouldn't Affect Credit if Eligible as Inputs.
October 8, 2013 Case Laws Service Tax AT

Appellant Ordered to Deposit 50% Service Tax for CENVAT Credit Claim Errors in Interim Measure.
October 8, 2013 Case Laws Service Tax AT

Court Confirms Broad Scope of Input Services for CENVAT Credit Pre-April 2011; Stay Granted on Current Interpretation.
October 8, 2013 Case Laws Service Tax AT

Court Finds Prima Facie Case for CENVAT Credit on Promotional Activities; Grants Stay for Further Examination.
October 8, 2013 Case Laws Service Tax AT

Stay Granted Despite Irregular Cenvat Credit Claim Due to No Revenue Loss Involved.
October 8, 2013 Case Laws Customs AT

Demurrage Charges Excluded from Goods Valuation for Customs Duty Assessment u/s 14(1).
October 8, 2013 Case Laws Customs AT

Appellant's Free Turtle Shells Valued at Rs. 3500 Accepted in Customs and Import Regulations Case.
October 8, 2013 Case Laws Customs AT

Extended Limitation Period and Notification Benefits for Duty Free Import Authorizations: No Penalty After Export Obligation Met.
October 8, 2013 Case Laws Income Tax HC

Assessee Entitled to Depreciation on Imported Cars Acquired Post-Amalgamation After April 1, 2001 Cut-Off Date.
October 8, 2013 Case Laws Income Tax HC

Section 73 Deeming Fiction: Assessee Considered in Speculation Business Under Specific Circumstances Only.
October 8, 2013 Case Laws Income Tax HC

Reassessment Needs Section 143(2) Notice: Inquiry on Section 148 Return Invalid Without It.
October 8, 2013 Case Laws Income Tax HC

High Court rules lease line charge reimbursements are not royalties under Article 12 of India-UK Treaty, Section 195 TDS.
October 8, 2013 Case Laws Income Tax HC

Court Rules Subsidy Reduction for Depreciation Needs Case-by-Case Analysis, Not Blanket Application.
October 8, 2013 Case Laws Income Tax HC

Tribunal Can Recall Previous Orders for Rehearing, Exercising Rectification Powers, Not Review Powers, Without Error.
October 8, 2013 Case Laws Income Tax AT

Manufacturing and selling ayurvedic preparations deemed charitable under trust's objectives per section 2(15) interpretation.
October 8, 2013 Case Laws Income Tax AT

Court Rejects 20% Creditor Value Reduction Due to Lack of Legal Basis in Tax Legislation.
October 8, 2013 Case Laws Income Tax AT

Net Profit Rate Set at 8% After Section 153A Assessment; Revised Returns Deemed Unfair and Unreasonable.
October 8, 2013 Case Laws VAT and Sales Tax HC

Court Rules Section 41C Amendment Inapplicable to Small Scale Industries Retaining SSI Status During Eligibility Period.
October 8, 2013 Case Laws Companies Law HC

Court Clarifies Jurisdiction: Presence of Goods in Delhi Doesn't Establish Business Operations for Copyright, Trademark Cases.
October 7, 2013 Case Laws Central Excise HC

Cement in Mines Not Eligible for CENVAT Credit, Rules Court on Construction Material Use.
October 7, 2013 Case Laws Central Excise AT

Court Questions If Packing and Relabeling Bikes Count as Manufacturing Under Excise Laws; Partial Stay Granted.

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