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Highlights / Annotations / Catch Notes For November of 2014

Home Highlights November November 2014 Year 2014

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Showing 1 to 50 of 302 Records

12 3 4 5........ 7

November 29, 2014 Case Laws Income Tax

Contribution made to staff benevolent fund - h such fund was not recognised nor approved in terms of Section 2(5) and (6) of the Income Tax Act - Section 40A(9) is not......
November 29, 2014 Case Laws Income Tax

Computation of LTCG - capital asset acquired by the assessee through succession, the indexed cost of acquisition has to be computed with reference to the year in which......
November 29, 2014 Case Laws Income Tax

Addition made – only on account of inflated statements furnished to the banking authorities for the purpose of availing of larger credit facilities, no addition can be made - HC
November 28, 2014 Case Laws Service Tax

Service Tax Voluntary Compliance Encouragement Scheme, 2013 - Request for rectification / amendment in the declaration - request denied - HC
November 28, 2014 Case Laws Service Tax

Challenge to the Show Cause Notice - Business support service or not - security services provided by Assam Tea Plantation Security Force (ATPSF) to protect the planters.....
November 28, 2014 Case Laws Service Tax

Cenvat Credit - input services - Non commencement of production / manufacturing activity - The Tribunal has blindly followed its earlier decision in the case of M/s.......
November 28, 2014 Case Laws Service Tax

Goods Transport Agency service - Interest on delayed payment of tax - assessee contended that, they would have taken Cenvat credit and utilised the same for payment of......
November 28, 2014 Case Laws Central Excise

Valuation of goods - MRP based valuation or transaction value - goods supplied to TNCSC, which are intended for free distribution to the women beneficiaries belonging to....
November 28, 2014 Case Laws Central Excise

Captive Consumption of Molasses - appellant discharged the obligations under Rule 6 of the CENVAT Credit Rules, 2004 - denial of CENVAT credit on the Molasses purchased.....
November 28, 2014 Case Laws Indian Laws

Applicability of section 8(1)(e) of RTI Act – fiduciary relationship - Whether the information provided by an individual in his income tax returns is exempt from......
November 28, 2014 Case Laws Income Tax

Tribunal was not justified in holding that the assessee was liable for interest u/s 139(8)/217 for the AY 1988-1989 and interest u/s 234A & 234B for the AY 1989-1990 up-to 26.3.91 - HC
November 28, 2014 Case Laws Income Tax

Denial of deduction u/s 80P by invoking section 80A(5) – if the return was not filed either u/s 139(1) or 139(4) or in pursuance of notice issued u/s 142(1) or u/s 148,....
November 28, 2014 Case Laws Income Tax

Exemption u/s 10(1) - When plants are established in the soil only then they are shifted in suitable containers or appropriate place in land, the same would constitute......
November 28, 2014 Case Laws Income Tax

Interest payable u/s 244A(1)(b) on refund of excess amount – interest is payable from the date of payment of the tax on self-assessment to the date of refund of the......
November 28, 2014 Case Laws Income Tax

TPA - determination of ALP - income should be chargeable under the Act, before Chapter X can be applied - the definition of income does not include within its scope......
November 28, 2014 Case Laws Income Tax

Rental income from letting out of warehouses/godowns together with various services rendered to the occupant did not constitute a business activity and the income was......
November 28, 2014 Case Laws Income Tax

Validity of constitution of Special bench - President does have the power to constitute a Special Bench but at what point and how is this power to be exercised is a......
November 28, 2014 Case Laws Income Tax

Registration u/s 12AA – Once the material on record, shows that the Trust is carrying on charitable activities, merely because they proposed to carry on the business in.....
November 28, 2014 Case Laws Income Tax

Disallowance u/s 40(b) - Whether the dis-allowance of the finance, commission paid to proprietary concern of the partner under provisions of Section 40(b) was justified - Held No - HC
November 28, 2014 Case Laws Income Tax

Power of revision under section 263 – Amendment to Explanation to Section 115 JB - subsequent amendment in 2005 even though retrospective will not attract the provision.....
November 28, 2014 Case Laws Income Tax

Determination of PLI - Whether RoCE is correct PLI under the facts and circumstances of the case – the calculation of PLI on the basis of OP/OC and by adopting that......
November 28, 2014 Case Laws Income Tax

Denial of exemption u/s 11 – Scope of term charitable purpose u/s 2(15) - If the activities of the assessee are analysed, it has turned into a huge profit-making agency.....
November 27, 2014 Case Laws Service Tax

Classification of service - activity of shooting the programme prepared by the advertising agency - the activity does not fall under the category of advertising agency service. - AT
November 27, 2014 Case Laws Service Tax

Commercial or industrial construction service - air catering unit constructed at the airport can be considered as part of airport and excluded - stay granted - AT
November 27, 2014 Case Laws Service Tax

Invocation of extended period of limitation - No allegation of fraud, collusion, willful misstatement or suppression of facts - show cause notice is without any jurisdiction. - HC
November 27, 2014 Case Laws Service Tax

Valuation - value of HSD provided free of cost by the service recipient cannot be brought within the value of the transaction exposed to the charging section and,......
November 27, 2014 Case Laws Central Excise

Cenvat Credit - the adjudicating authority does not elaborate as to what material facts were required to be declared and under which provision of law - prim facie......
November 27, 2014 Case Laws Customs

Exemption under Notification No.28/97 Cus. dt. 1.4.97 - appellant installed the machineries in their show room without utilizing in the factory premises, is a clear......
November 27, 2014 Case Laws Income Tax

Application of Chapter X - Transfer pricing adjustments - Issue of shares at premium by the Petitioner to its non-resident holding company does not give rise to income......
November 27, 2014 Case Laws Customs

Refund of SAD - Notification no. 102/2007 dated 14.09.2007 - although they have not made an endorsement on the invoice that credit of duty is not admissible, refund allowed - AT
November 27, 2014 Case Laws VAT and Sales Tax

Default assessment under Section 32 of the DVAT Act - period of limitation - The Objection Hearing Authority, cannot record “reason to believe“. These, as per the......
November 27, 2014 Case Laws VAT and Sales Tax

Settlement of arrears of tax - TNVAT / TNGST - Deferral scheme of sales tax - Cancellation of scheme and demand of tax for the entire period - designated authority......
November 27, 2014 Case Laws Income Tax

Validity of Search and seizure - High Court has quashed the search and seizure - The terms used are ‘reason to believe’ - HC failed to appreciate the facts - matter......
November 27, 2014 Case Laws Income Tax

Penalty u/s 271(1)(c) deleted – the act of the assessee was bonafide even though the assessee may have failed to substantiate its claim that the amount was capital receipt - HC
November 27, 2014 Case Laws Income Tax

Proceedings u/s 153C – Section 40A(2) of the Act has not been invoked and there is no provision which stipulates that advertisement and brand building expenses could be....
November 27, 2014 Case Laws Income Tax

Merely because intimation u/s 143(1) was issued to the assessee after issue of notice u/s 143(2), it cannot be said that an assessment order framed by the AO u/s 143(3).....
November 27, 2014 Case Laws Income Tax

Determination of ALP – The business model of 50:50, as was admittedly prevalent in the line of business activity of the assessee and as is followed by the assessee, thus....
November 27, 2014 Case Laws Income Tax

Denial of deduction u/s 80P by invoking section 80A(5) – the belated return filed beyond the time limit provided u/s 139(1) or 139(4) or time specified in notice u/s......
November 27, 2014 Case Laws Income Tax

Deduction u/s 80IB - Delay in seeking Factory License - If there is any violation of any provisions of any other statutes then the assessee has to explain the same to......
November 27, 2014 Case Laws Income Tax

General Insurance Corporation guidelines permit the assessee to book a loss which has for all practical purposes, been suffered on account of depreciation in value of......
November 26, 2014 Case Laws Service Tax

Denial of refund claim - scope of input services - validity of question raised in the show cause notice - reverse charge mechanism - show-cause notice itself is vitiated....
November 26, 2014 Case Laws Service Tax

Cargo handling service - activity undertaken similar to the activity undertaken by the appellants comes under the cargo handling service and not under transportation of goods - AT
November 26, 2014 Case Laws Central Excise

Classification of goods - Herbal Shikakai Powder is classifiable as cosmetic under sub-heading 3305.99 of the CETA'85 during the relevant period - AT
November 26, 2014 Case Laws Central Excise

It was appellant who had approached the Departmental authorities for granting of Central Excise registration on crossing the threshold limit of ₹ 1.5 crores......
November 26, 2014 Case Laws Central Excise

Application for supply of documents - On the ground that the petitioners are not cooperating in the inquiry/investigation, the prayer of the petitioners to supply the......
November 26, 2014 Case Laws Customs

Exemption under Notification No.21/2002-CUs dated 01/03/2002 - Since the end use not in dispute, the appellant would be entitled the benefit of Serial No. 216 even......
November 26, 2014 Case Laws Income Tax

Whether the Tribunal is right in law and on facts in directing the AO to grant interest u/s 214 – the assessee shall be entitled to interest on refund amounts up to the.....
November 26, 2014 Case Laws Income Tax

Once proceedings of penalty us 273(2)(a) or sec.273(2)(aa) have not been initiated in the regular assessment by AO, then penalty proceedings cannot be initiated in the......
November 26, 2014 Case Laws Income Tax

It would be just and proper, if, the income from the transactions recorded in the seized diary are determined on the basis of highest peak, as increased by the net......
November 26, 2014 Case Laws Income Tax

Violation of section 13(1)(d) r.w section 11(5) - Centre to be taxed on maximum marginal rate or not - once it has been held that the exemption granted by the order of......

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