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Highlights / Annotations / Catch Notes For October

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October 12, 2012 News Indian Laws

Nearly 29,000 Taxpayers Default on Payments Exceeding Rs. 3,770 Crores for Current Financial Year.
October 12, 2012 News Indian Laws

Transferring Orphan PANs to Correct Jurisdictions for Better Tax Management and Compliance Under CsIT Coordination.
October 12, 2012 Circulars DGFT

Cost Accountants Now Authorized to Certify Documents Under Foreign Trade Policy's Handbook of Procedure Vol.I.
October 12, 2012 Circulars DGFT

DGFT Launches e-BRC System for Efficient Export Verification, Simplifying Procedures and Enhancing Transparency for Exporters.
October 11, 2012 Notifications DGFT

DGFT Updates Tariff Line Descriptions in Chapters 24, 26, 74-79 to Align with Finance Bill 2012-13 Changes.
October 11, 2012 Notifications Customs

Corrigendum Notification No. 93/2012 amends customs regulations for improved compliance and accuracy in procedures.
October 11, 2012 Notifications Customs

Common Adjudicating Authority Appointed for M/s Nitco Ltd. Case in Mumbai to Streamline Customs Adjudication Process.
October 11, 2012 Notifications Companies Law

Serious Fraud Officers to Conduct Inspections u/s 209A of Companies Act for Enhanced Corporate Transparency and Accountability.
October 11, 2012 Notifications DGFT

ITC (HS) 2012 Schedule 1 Import Policy Amended to Align with Customs Tariff Schedule-2012 by DGFT Notifications.
October 11, 2012 Case Laws Central Excise HC

Court Allows Cenvat Credit Due to Lack of Evidence Against Assessee Beyond Transporter's Goods Registers.
October 11, 2012 Case Laws Income Tax HC

NRIs' Gifts from Non-Resident External Accounts Classified as Undisclosed Income u/s 158B(b) of Income Tax Act.
October 11, 2012 Case Laws Income Tax HC

Taxpayer's Business Expenses Not Disallowed Even If Third Party Benefits, Says New Rule Interpretation.
October 11, 2012 Case Laws Income Tax AT

Section 194C TDS Exemption: Printed Material Purchase Classified as Contract for Sale, Not Work and Labor.
October 11, 2012 Case Laws Income Tax HC

Court Denies Tax Exemption u/s 54 for Land Development, But Section 54F Benefits May Apply.
October 11, 2012 Case Laws Income Tax AT

Preference for Substantial Justice Over Technicalities in Delay Condonation Cases, Especially in Income Tax Matters.
October 11, 2012 Case Laws VAT and Sales Tax HC

Court Rules No Error by Dealer in Interstate Sale; Full Sales Tax Paid, Punjab Tax Not Applicable.
October 11, 2012 Case Laws Companies Law SC

Arbitration Clause Stands Alone: Section 16(1)(a) Confirms Validity Despite Main Contract Termination, Supreme Court Affirms.
October 10, 2012 Case Laws Customs HC

Deemed Exports Should Include Advance Licenses, Not Just REP, When Earning Foreign Exchange is the Primary Goal.
October 10, 2012 Case Laws Customs HC

Pre-deposit mandatory for appeals; waivers rare, based on financial capacity and potential undue hardship.
October 10, 2012 Case Laws Customs HC

High Court Rules Bill of Entry Presented on June 13, 2002, Affects Customs Duty Rate Calculation.
October 10, 2012 Case Laws Income Tax HC

No Penalty for Delayed TDS Form 16A Issuance Due to Missing PAN Numbers.
October 10, 2012 Case Laws Income Tax HC

Land Confirmed as Agricultural in Official Records; No Grounds to Reclassify as Non-Agricultural.
October 10, 2012 Case Laws Income Tax HC

Employer-Paid Tax Excluded from Rent-Free Accommodation Perquisite Value, Clarifies Taxable Income Rules.
October 10, 2012 Case Laws Income Tax AT

Indo-US DTAA Article 26(3) Ensures Equal Tax Deductions for Non-Residents, Promoting Fairness in International Taxation.
October 10, 2012 Case Laws VAT and Sales Tax HC

High Court Rules Film Processing Contracts Are Services, Not Works Contracts, Impacting VAT and Sales Tax Treatment.
October 10, 2012 Case Laws Companies Law SC

Sick Industrial Companies Act, 1985 Overrides Transfer of Property Act, 1882 in Conflicts.
October 10, 2012 Case Laws Companies Law SC

Cheque Dishonor Prosecution Permissible on Subsequent Occasions u/s 138 of the Negotiable Instruments Act.
October 9, 2012 Notifications Customs

Anti-dumping duty imposed on certain rubber tires for buses and lorries from China and Thailand.
October 9, 2012 Circulars VAT and Sales Tax

Guidance on Resolving Form 2A and 2B Data Mismatches for 2012-13 Q1 to Ensure VAT Compliance.
October 9, 2012 Circulars VAT and Sales Tax

Central Declaration Forms Now Issued Only on Wednesdays and Fridays, No Longer Available on Mondays.
October 9, 2012 Circulars VAT and Sales Tax

Delhi VAT Act Waiver: Simplified Registration Process Removes Security Deposit Requirement for Businesses Under DVAT Act 2004.
October 9, 2012 Case Laws Central Excise AT

Goods Cleared Under MUL Brand Excluded from Turnover Calculation for Small Scale Industry Exemption Benefit.
October 9, 2012 Case Laws Central Excise CGOVT

Refund Claim Denied: Missing Duty Payment Confirmation from Jurisdictional Central Excise Superintendent, No Triplicate Certification Provided.
October 9, 2012 Case Laws Central Excise CGOVT

Voluntary Overpayment of Duties Treated as Deposit, Not Duty Liability.
October 9, 2012 Case Laws Central Excise HC

Appellate Tribunal lacks jurisdiction in central excise rebate matters; appeal entertained in error due to statutory limits.
October 9, 2012 Case Laws Service Tax AT

No Cenvat Credit for Hiring Buses to Transport Employees' Children for School and Tuition, Not an Input Service.
October 9, 2012 Case Laws Income Tax AT

Voluntary Spending on 20-Point Programmes for Oppressed Classes Qualifies as Business Expenditure, Not Just Statutory Obligations.
October 9, 2012 Case Laws Income Tax AT

Penalty u/s 271G of Income Tax Act Requires Caution, Applied Only When Clearly Justified Circumstances Exist.
October 9, 2012 Case Laws Income Tax HC

Assessee Denied Exemption u/s 54: Property Lacks Amenities, Not Qualified as House Under Income Tax Act.
October 9, 2012 Case Laws Income Tax AT

Technical Service Receipts Taxed at 10% Due to Permanent Establishment in India, Not 25% as Revenue Authorities Claimed.
October 9, 2012 Case Laws Income Tax AT

Illegal Space Use Fines Non-Deductible Under Income Tax Act Section 37(1.
October 9, 2012 Case Laws Income Tax HC

High Court Affirms ITAT's Decision on Deductions for Unit Expansion u/ss 80I and 80IB of Income Tax Act.
October 8, 2012 Case Laws Central Excise AT

Inventory Shortages Alone Don't Prove Guilt for Alleged Clandestine Removal Under Central Excise Laws.
October 8, 2012 Case Laws Central Excise AT

Distributing Chemicals in Original Packaging Not Considered Manufacturing Under Chapter Note 11, Chapter 29, Tariff Rules.
October 8, 2012 Case Laws Central Excise HC

High Court Rules Cenvat Credit Unavailable for Non-Manufacturing Processes u/r 4 of Cenvat Credit Rules.
October 8, 2012 Case Laws Service Tax AT

No Registration Needed for Unused Premises; No Time Limit on Claiming Cenvat Credit.
October 8, 2012 Case Laws Service Tax AT

Court Rules Textbooks, Mock Tests, and Coaching as Unified Activities for Service Tax Liability on Coaching Centers.
October 8, 2012 Case Laws Customs AT

Conversion of Shipping Bill Allowed After Duty Drawback Refund Proof Submitted, Initially Denied Under Different Scheme.
October 8, 2012 Case Laws Customs AT

Amendment in Bills of Entry allowed with documentary proof existing at time of goods clearance.
October 8, 2012 Case Laws Income Tax HC

Foreign Car Depreciation in Iraq Allowed u/s 32(1)(ii) of Income Tax Act for Business Use Abroad.

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