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Highlights / Annotations / Catch Notes For November of 2012

Home Highlights November November 2012 Year 2012

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November 30, 2012 Notifications Customs

Anti-dumping duty imposed on caustic soda imports from Saudi Arabia, Iran, Japan, and the US to protect local industries.
November 29, 2012 Case Laws VAT and Sales Tax HC

Court Upholds VAT on Building and Construction Agreements as Deemed Sales Under Tax Laws.
November 29, 2012 Case Laws Central Excise AT

Court Remands Case on MRP Valuation and Differential Duty Interest for Footwear Products for Further Review.
November 29, 2012 Case Laws Central Excise HC

Court Grants Modvat/CENVAT Credit for Cement Production Inputs, Including Explosives, Refractories, and Steel Castings.
November 29, 2012 Case Laws Central Excise HC

Court Says No Reversal of Cenvat Credit Needed When Final Product Becomes Exempt from Excise Duty.
November 29, 2012 Case Laws Central Excise HC

Deleted Charging Section Without Saving Clause Bars Recovery u/r 96ZQ; Previously Concluded Matters Cannot Be Reopened.
November 29, 2012 Case Laws Central Excise HC

Court Confirms Central Excise Officer's Authority to Issue 2009 Show Cause Notice; "Or" in Section 2(b) Interpreted.
November 29, 2012 Case Laws Service Tax AT

Service Tax Demand on Sponsorship Service Overturned Due to Exemption for Sports Events During Relevant Period.
November 29, 2012 Case Laws Service Tax HC

Court Upholds Extended 5-Year Limitation for Cenvat Credit on Exempted and Non-Exempted Services Misuse.
November 29, 2012 Case Laws Indian Laws HC

High Court Dismisses Petition Against ICAI's Decision on Frivolous Complaint Against Chartered Accountant Ajay B. Garg.
November 29, 2012 Case Laws Income Tax AT

Taxpayer's Exemption u/s 54F for LTCG Deferment in 2006-07 Upheld; Tax Imposed in 2009-10.
November 29, 2012 Case Laws Income Tax AT

No additional depreciation for machinery used in milk standardization and pasteurization for ghee and curd production.
November 29, 2012 Case Laws Income Tax AT

Society's 12AA registration denied; business activities and high fees questioned, affecting charitable status eligibility.
November 29, 2012 Case Laws Income Tax AT

Section 292B Inapplicable: Lack of Notice u/s 143(2) Can Invalidate Tax Block Assessment Process.
November 29, 2012 Case Laws Income Tax AT

Assessee eligible for exemption u/s 10(23C)(iiiad) if annual receipts stay within prescribed limits.
November 28, 2012 Case Laws VAT and Sales Tax HC

Trademark Classified as "Goods," Subject to Tax Under KVAT Act; Service Tax Introduction Doesn't Change Tax Status.
November 28, 2012 Case Laws Income Tax AT

Bandwidth Payments Not Classified as Royalties or Technical Fees Under Double Taxation Agreement with USA.
November 28, 2012 Case Laws Income Tax AT

Tax-Free Land Transfer: No Capital Gain or Tax on Enhanced Compensation for Inherited Property.
November 28, 2012 Case Laws Income Tax HC

Rental Income Taxable Once Commercial Surcharge Recovered, Agreement Provisions Irrelevant for House Property Income.
November 28, 2012 Case Laws Income Tax SC

High Court Stay Order Exempts Assessee from Default Status and Interest u/s 201(1A) for Late TDS Deduction.
November 28, 2012 Circulars Service Tax

Mumbai Central Excise and Service Tax Zone-I Launches E-Helpline for Trade and Industry Support.
November 27, 2012 Case Laws FEMA HC

"Undue Hardship" Requires Excessive Difficulty Beyond Just Hardship for Waiver of Pre-Deposit Requests.
November 27, 2012 Case Laws Customs AT

Appeal Not Maintainable: Tribunal Cannot Hear Cases on Provisional Release Orders u/s 110A, Customs Act 1962.
November 27, 2012 Case Laws Companies Law HC

Oral Agreements Alone Aren't Legally Binding Without Further Elements, Say Company Law Cases.
November 27, 2012 Notifications Income Tax

Individuals Can Claim Deductions for Investments in Eligible Securities u/s 80CCG of Income-tax Act, 1961.
November 27, 2012 Case Laws Income Tax AT

Taxpayer Can Retract Statement if AO Finds No Defects in Books and Surrender is Proven False During Survey.
November 27, 2012 Case Laws Income Tax AT

Excise duty refund classified as capital receipt for assessee, exempt from taxation under current rules.
November 27, 2012 Case Laws Income Tax HC

Court Rules Section 80-O Cannot Substitute Section 80HHE for Tax Deductions; Highlights Distinct Purposes of Each Provision.
November 27, 2012 Circulars FEMA

Foreign Liaison and Branch Offices in India Must Report to Income Tax Authorities for Compliance and Transparency.
November 27, 2012 Case Laws Income Tax HC

Court Rules 29-Year Gap in Trust Registration Not Grounds for Denial Under Income Tax Act Sections 12A, 12AA.
November 26, 2012 Case Laws Customs AT

Appeal Challenges Chartered Accountant's Role as Principal Officer in Customs, Stresses Need for Proper Authorization in Appeals.
November 26, 2012 Case Laws Service Tax AT

Service Tax Credit Allowed After Rectifying Missing Supplier Registration Numbers on Invoices.
November 26, 2012 Case Laws Service Tax AT

Court Grants Stay on Service Tax for VISA/Mastercard Promotions under Business Auxiliary Service; Export Classification Disputed.
November 26, 2012 Case Laws Service Tax AT

Cenvat Credit Granted for Security Services at Pump House Used in Manufacturing Coolant Operations.
November 26, 2012 Case Laws Service Tax AT

Court Rules No Extended Service Tax Demand on Travel and Accommodation Expenses Due to Good Faith Actions by Appellant.
November 26, 2012 Case Laws Central Excise HC

Court Upholds 5% Excise Duty on Coal from Coal India Ltd., Rejecting Petitioner's Claim of 1.03% Under Notification No. 1/2011-C.E.
November 26, 2012 Case Laws Central Excise AT

Job Worker Granted Stay After Missing Declaration Under Notification No. 50/2003-C.E., Avoiding Immediate Penalties and Duties.
November 26, 2012 Case Laws VAT and Sales Tax HC

High Court Allows Input Tax Credit for Energy Produced in Captive Thermal Plants Used in Manufacturing Process.
November 26, 2012 Notifications FEMA

2G Spectrum Auction Winners Allowed Foreign Currency Borrowings Under FEMA Guidelines; Financial Mechanisms Detailed.
November 26, 2012 Case Laws Income Tax AT

TDS Not Applicable on SIM Card Discounts u/s 194H; Discounts Don't Qualify as Commission, Court Rules.
November 25, 2012 Case Laws Income Tax HC

Settlement Clarifies 'Pending' Case: Section 147 Proceedings Excluded from 'Case' Definition in Section 245A(b) of Income Tax Act.
November 25, 2012 Case Laws Income Tax HC

High Court Rules Unabsorbed Depreciation Can Offset Income from Other Sources Beyond Business or Profession Income.
November 25, 2012 Case Laws Income Tax AT

Accrued Interest Not Taxable When Principal is Uncertain, Supported by Case Laws in Income Tax Matters.
November 25, 2012 Case Laws Central Excise AT

Clarification on Tax Exemptions for Coal-Based Captive Power Plants: Sub-Contractors Not Required in International Bidding.
November 25, 2012 Case Laws Central Excise AT

CENVAT Credit Not Usable for Customs or Excise Duty by 100% Export Oriented Units.
November 25, 2012 Case Laws VAT and Sales Tax HC

High Court Upholds Entry Tax on Imported Machinery in Knock-Down Condition, Validating Tax Law Application.
November 25, 2012 Case Laws Companies Law HC

"Suits" Limited to Civil Courts, Not Debt Recovery Tribunal Actions by Banks & Financial Institutions.
November 23, 2012 Case Laws Service Tax AT

Recipient of GTA Services Must Pay Service Tax via TR6 Challan, No Interest Liability on Payment.
November 23, 2012 Case Laws Income Tax AT

Undisclosed Income Assessment u/s 153C: Not a Replacement for Regular Income Tax Evaluation.
November 23, 2012 Case Laws Income Tax AT

Shares' Market Price Excluded in Capital Gains Calculation Without Sale Understatement u/s 48 of Income Tax Act.

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