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Highlights / Annotations / Catch Notes For October of 2016

Home Highlights October October 2016 Year 2016

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Showing 201 to 250 of 399 Records

October 15, 2016 Case Laws Income Tax AT

MAT applicability - if either the loss brought forward or unabsorbed depreciation is nil, then the assessee is not allowable any deduction under this clause for......
October 15, 2016 Case Laws Income Tax AT

DIT has no jurisdiction to cancel registration of a charitable institution on the ground that it is carrying on commercial activities which are in breach of the amended.....
October 15, 2016 Case Laws Income Tax AT

Undisclosed income - amount of cash ‘on-money’ with respect to all the unsold stocks - the cash ‘on-money’ was in-fact being received by the assessee in the previous......
October 15, 2016 Case Laws Income Tax AT

Addition of principal amount of loan waived by the lender on account of one time settlement of loan - AO was not correct in taxing the aforesaid waiver of loan by......
October 15, 2016 Case Laws Income Tax AT

Computation of Long term capital gains - the objections raised by the Department in disallowing the entire payment made to encroachers for vacating the land are not justified. - AT
October 15, 2016 Case Laws Customs HC

It has not been the intention of the Foreign Trade Policy 2009-2014, for the reimbursement of the Central Sales Tax paid on the goods supplied from one Export Oriented......
October 15, 2016 Case Laws Customs AT

Provisional release of goods - Aluminium Dross - Aluminium Ingots - o CVD is prima facie leviable when no Excise Duty is leviable on Aluminium Dross. - AT
October 15, 2016 Case Laws Customs AT

Valuation - The rejection of transaction value only on the basis of the prices circulated by the Directorate of Valuation/NIDB data, is not correct - AT
October 15, 2016 Case Laws Customs AT

Valuation - enhancement of the declared value - The value of imported goods cannot be enhanced on the basis of DRI alert and the basis of assessed bill of entry - AT
October 15, 2016 Case Laws Indian Laws HC

Dishonoring of cheques - once the cheque has been issued and the signatures thereon has been admitted by the accused, then it is not available to the accused to take the....
October 15, 2016 Case Laws Central Excise AT

Classification of the side trimmings of laminated, impregnated and coated fabrics - these products cannot be classified as laminated textile fabrics. - AT
October 15, 2016 Case Laws Central Excise AT

Benefit of SSI Notification denied - denial of claim for period of 26 days i.e., during 1.4.2002 to 26.4.2002 - the policy of the Government of exempting the subject......
October 15, 2016 Case Laws Central Excise AT

Valuation - whether in the case where the footwear supplied to industries would be valued under Section 4 or Section 4A of Central Excise Act, 1944 when the package of......
October 15, 2016 Case Laws Central Excise AT

CENVAT credit - supplier was not required to pay duty on such products - Credit cannot be denied at the receivers end, when the supplier has paid duty and issued valid invoices. - AT
October 14, 2016 Case Laws Service Tax AT

Cenvat Credit - Any service cannot be disqualified on the basis that the same has only peripheral connection with the output service as long as it is proven the same has....
October 14, 2016 Case Laws Central Excise AT

SSI Exemption - whether after assignment agreement in respect of brand name, it can be inferred that the respondent is using the brand name of another person and......
October 14, 2016 Case Laws Central Excise AT

Cenvat credit - railway tracks are embedded to earth - the structural items used in the fabrication of support structures would fall within the ambit of Capital Goods as....
October 14, 2016 Case Laws Central Excise AT

SSI Exemption - dummy units - There is no financial flow back and there is no mutuality of interest between the units. Therefore, all the four units cannot be clubbed together - AT
October 14, 2016 Case Laws Central Excise AT

WCL availed CENVAT credit on the inputs for manufacturing of their final product before production of exemption certificate by M/s GMADA, the appellant has rightly......
October 14, 2016 Case Laws Central Excise AT

Exemption Notification No.108/95-CE dated 28.08.1995 - goods not supplied directly to UNICEF but were supplied to project assisted and Financed by UNICEF - benefit of......
October 14, 2016 Case Laws Customs AT

Quantification of ADD - carbon black used in rubber applications - When the DA is following the statutory principles, the same cannot be faulted on the ground of perceived grievance.
October 14, 2016 Case Laws Income Tax HC

If a cause was found to be reasonable and for non-filing of return immediately in response to notice u/s 153A, such cause can also be construed as a reasonable cause,......
October 14, 2016 Case Laws Income Tax HC

Speculative loss - Jobbing transactions in the present facts would not be covered by the definition of speculative transaction in view of Section 43(5) proviso (c) of the Act. - HC
October 14, 2016 Case Laws Income Tax AT

Assessments framed u/s 153A - bifurcation of abated and unabated assessments - Tribunal explains the provisions and intention of the legislatures - AT
October 14, 2016 Case Laws Income Tax AT

TDS u/s 194J - ‘settlement and custody’ fees paid to NSDL/CDSL are not covered by the provisions of Section 194J, as they cannot be considered as ‘technical services’.......
October 14, 2016 Case Laws Income Tax AT

Penalty under Section 271(1)(c) - assessee made surrender immediately after search and before issuance of any notice and had declared the surrendered income in the......
October 14, 2016 Case Laws Income Tax AT

Diminution of value of shares - the amount that is to be taxed is the real income which is to be deducted on the basis of the accounting system regularly maintained by......
October 14, 2016 Case Laws Income Tax AT

Eligibility for depreciation - part payment made for the acquisition of asset - Once the corresponding liability in the accounts has been shown, then depreciation on the....
October 14, 2016 Case Laws Income Tax AT

Addition u/s 41(1)(a) - unilateral remission of liability - even where the assessee has obtained the benefit by way of remission of its trade liability, the same cannot.....
October 14, 2016 Circulars Income Tax

The Income Declaration Scheme, 2016 – reg. - Order-Instruction
October 13, 2016 Circulars Income Tax

No TDS liability u/s 194-I on lump sum lease premium or one-time upfront lease charges, which are not adjustable against periodic rent, paid or payable for acquisition......
October 13, 2016 Case Laws Service Tax SC

Levy of service tax - security services - sovereign functions - After choosing one particular remedy the plaintiff cannot avail the other remedy as well, in respect of......
October 13, 2016 Case Laws Service Tax HC

Cenvat Credit - eligible input services - When they filed the previous Writ Petition, merits of the petition was canvassed, therefore, once over again the petitioner......
October 13, 2016 Case Laws Service Tax AT

Levy of penalty - delay in payment of service tax - appellant had collected the service tax but not deposited the same it time, but deposited before issuance of show......
October 13, 2016 Case Laws Central Excise AT

Refund - The C.A. certificate produced by the appellant clearly states that the amounts were paid by the appellant from their own funds and have not been recovered from.....
October 13, 2016 Case Laws Central Excise AT

Levy of National Calamity Contingency Duty (NCCD) - POY cleared to 100% EOU is not liable to NCCD - POY cleared for captive consumption is not liable to NCCD. - AT
October 13, 2016 Case Laws Central Excise AT

Refund claim - if the transaction of debit note is not found to be incorrect on the basis of books of account of the appellant then it is established that incidence of......
October 13, 2016 Case Laws Central Excise AT

Alteration of MRP of imported goods - Deemed manufacture - pasting of stickers on the goods - imported DVD/VCD - there was no alteration in the MRP on importation.......
October 13, 2016 Case Laws Customs AT

Cost Recovery Charges - notified CFS - The appellant has achieved the bench mark performance within the initial two years - the Revenue is duty bound to examine the......
October 13, 2016 Case Laws Customs AT

Imposition of ADD - PVC paste resin - when the notification mentions and identifies the subject goods by name and specific tariff classification, any change in such......
October 13, 2016 Case Laws Customs AT

Refund - The period of export is deemed to be extended by another six months and customs duty consequently will not be liable on the said item - duty of customs paid on.....
October 13, 2016 Case Laws VAT and Sales Tax HC

Inasmuch as the petitioner did not comply with this requirement of filing revised returns in respect of the tax amount not paid u/s under Section 6(2), no fault found......
October 13, 2016 Case Laws Companies Law Tri

Compounding of offence - delay in appointing a Woman Director - reasons furnished by applicants for 14 (fourteen) months delay are satisfactory - applicant to pay a......
October 13, 2016 Case Laws Income Tax AT

TCS u/s 206C - the products resulted from ship breaking activity, which are re-usable. Thus, the assessee was not supposed to collect tax under section 206C - AT
October 13, 2016 Case Laws Income Tax AT

TDS u/s 192 or 194J - doctors are discharging only professional services - merely because doctors are subject to the payment of Provident Fund or other retiremental......
October 13, 2016 Case Laws Income Tax AT

Penalty u/s 271(1)(c) - the explanations which are not accepted by the Revenue does not ceases to be a bona fide explanation merely on the grounds that the same were not....
October 13, 2016 Case Laws Income Tax AT

Prior to 01.06.2015, there was no enabling provision in Section 200A for making adjustment in respect of the statement filed by the assessee with regard to tax deducted.....
October 13, 2016 Case Laws Income Tax AT

Levy of fees u/s 234E - intimation issued under section 200A in respect of processing of TDS returns - the intimation u/s 200A has been processed prior to 01-06-2015. - AT
October 13, 2016 Case Laws Income Tax AT

Revision u/s 263 - non-deduction of TDS on salary and commission paid to directors and managers - insufficient enquiry - AO failed to take into account several aspects......
October 13, 2016 Case Laws Income Tax AT

Set off of loss - forfeiture of share warrants - Section 70(2)does not make any distinction between the income under the head “capital gain” on which STT was paid or STT....

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