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Highlights / Annotations / Catch Notes For November of 2014

Home Highlights November November 2014 Year 2014

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Showing 201 to 250 of 302 Records

November 10, 2014 Case Laws Central Excise

Manufacturing activity or not - jumbo rolls are first trimmed on their edges to remove torn portions and then printed in rotary printing machines with specific designs.....
November 10, 2014 Case Laws Central Excise

Area based exemption - production of goods without using the declared plant and machinery - even if the production was by using the alternate method not declared to the....
November 10, 2014 Case Laws Central Excise

Process undertaken on the TV sets received back cannot be considered as manufacture. Therefore, the appellant should have reversed the entire amount of Cenvat credit......
November 10, 2014 Case Laws Customs

Fraudulent claims of duty drawbacks - Mis declaration of goods -charges levelled in the show cause notice stood established against the appellants - levy of penalty confirmed - HC
November 10, 2014 Case Laws Income Tax

Taxability of amount received on transfer of technical know-how and marketing know-how – there was no cessation of source of income - taxable as revenue receipt - AT
November 10, 2014 Case Laws Income Tax

Penalty u/s 271(1)(c) – the concessional rate of tax on Long Term Capital Gain was applied on the basis of the advice of the Chartered Accountant, therefore, it was a......
November 10, 2014 Case Laws Income Tax

Interest accrued on Non-Performing Assets – If the statute is so clear that an interpretation can easily be made, then that exact meaning should be given to the language....
November 10, 2014 Case Laws Income Tax

Cash receipts of sundry debtors – Once the sundry debtors are appearing in the earlier years’ balance sheet and shown in the return of income for the AY 2008–09, then......
November 10, 2014 Case Laws Income Tax

Unrealized loss on the commodity derivatives - Even when loss has not yet crystallized, a deduction is to be granted in respect of a reasonably anticipated loss - AT
November 10, 2014 Case Laws Income Tax

Requirement to issue notice u/s 143(2) with a notice u/s 148 - any issue of notice prior to that date cannot be treated as a notice on a return filed by the assessee......
November 10, 2014 Case Laws Income Tax

Valuation of closing stock - AO has adopted the rate from the last bill - it it is in respect of only one variety of pure basmati and, therefore, could not be taken as......
November 10, 2014 Case Laws Income Tax

Speculation loss disallowed – If the assessee has actually taken delivery of pepper and thereafter sold it, then the provisions of sec. 43(5) cannot be applied- AT
November 10, 2014 Case Laws Income Tax

Unexplained expenses u/s 69C – addition in question was wrongly made u/s 69C of the Act as the expenditure was accounted for in the regular books of account and hence......
November 8, 2014 Case Laws Income Tax

Treatment of LTCG u/s 54 - Assessee has paid the amount within the time but Assessee got the occupancy certificate after three years - the Assessee is entitled for deduction u/s 54 - AT
November 8, 2014 Case Laws Income Tax

Claim u/s 80P(2)(a)(i) disallowed - Banking license from RBI not possessed by assessee - If licence is not obtained it may be an illegal banking business under the......
November 8, 2014 Case Laws Income Tax

CIT (A) was not justified in confirming the denial of exemption u/s 11 of the Act only for the reason that the audited report was not submitted along with the return of.....
November 7, 2014 Case Laws Service Tax

Levy of service tax on sub-contractor when main contractor has paid the service tax - If records are available with the Department, then there is no reason why the......
November 7, 2014 Case Laws Service Tax

Cenvat Credit - invoices which are computerised invoices have been down loaded through the internet - Cenvat credit is not to be denied on the basis of computer generated invoices - AT
November 7, 2014 Case Laws Service Tax

Whether commitment charges recovered by the Bank are to be added to the taxable service for charging service tax or these charges are to be treated as interest and no......
November 7, 2014 Case Laws Service Tax

Condonation of delay - Appeal wrongly filed before Commercial tax officer - Delay occured in transferring the appeal - delay condoned - AT
November 7, 2014 Case Laws Service Tax

Security Agency Services - nature of services provided by the Mumbai Police to individuals or organizations in conducting various private and public events - prima facie....
November 7, 2014 Case Laws Service Tax

Whether the authority shall act on the belated revised return or on the original return - In any circumstance law has to operate for proper application to determine tax.....
November 7, 2014 Case Laws Central Excise

Availment of CENVAT credit - the contention of the appellant that they were not aware the nature of scarp procured by them but blindly believed what the supplier stated....
November 7, 2014 Case Laws Central Excise

Denial of CENVAT Credit - supplier of the goods is not a manufacturer - Once the supplier of the goods had discharged the duty liability, the recipient can take CENVAT......
November 7, 2014 Case Laws Income Tax

Levy of penalty u/s 271D and 271E – Cash Loan - The genuineness of the transaction to meet the immediate necessity was accepted by the Tribunal in the quantum appeal......
November 7, 2014 Case Laws Income Tax

The interpretation given by the petitioner for computation of the period for the purpose of levy of interest cannot be adjudicated in a Writ Petition and the petitioner.....
November 7, 2014 Case Laws Income Tax

Effect of amendment to section 145 - Merely because in the books of accounts, the interest income, which is not due and payable is shown in the account of the assessee,.....
November 7, 2014 Case Laws Income Tax

Reopening of assessment u/s 147 – reopening is merely pretence to examine, whether the assessee is a taxable unit or not and whether there could be possibility of loss......
November 7, 2014 Case Laws Income Tax

Interest u/s 36(1)(iii) disallowed – merely as because the assessee had sufficient own funds on the date of the borrowings it cannot be concluded that borrowings were......
November 7, 2014 Case Laws Income Tax

Rectification of mistake u/s 254(2) – What assessee desires is review of the order passed on in the garb of rectification application - AT
November 6, 2014 Case Laws Service Tax

Rectification job for defected commecial vehicles - If the argument of Revenue is accepted, every motor garage will become a technical inspection and certification agency - AT
November 6, 2014 Case Laws Service Tax

Re-classification of service for the purpose of cenvat credit - no option is left with the Revenue to change the classification/ assessments of the services at the......
November 6, 2014 Case Laws Service Tax

Activity of laying of pipelines would not come within the purview of “erection, commissioning and installation service“ and it would be more appropriate classifiable......
November 6, 2014 Case Laws Service Tax

Taxability of activities in the nature of services provided by partners to the partnership firm - the nature of transactions between the two partners and the firm would....
November 6, 2014 Case Laws Service Tax

Interest on delayed refund - refund of service tax paid on the services rendered to them in an SEZ unit - claim of interest allaowed - AT
November 6, 2014 Case Laws Central Excise

Denial of CENVAT Credit on Computers - Nexus with manufacturing activity - computers have been used by the applicant for maintaining stocks in the factory - prima facie.....
November 6, 2014 Case Laws Customs

Refund of anti dumping duty - mere production of CA certificate does not ipso facto grant refund to the respondent unless entire material showing no duty burden passed......
November 6, 2014 Case Laws VAT and Sales Tax

Classification of polystik compound or the rain guard compound - the product in question is to be classified as an adhesive and it is neither a plant protection chemical....
November 6, 2014 Case Laws Income Tax

Assessee had claimed loss under the head income from house property’ by claiming deduction u/s 24(b) of the Act in respect of interest paid for purchase of house......
November 6, 2014 Case Laws Income Tax

Rejection of application of condonation of delay u/s 119(2)(b) - CIT has exercised the discretionary power and rejected the delay condonation application, the extra......
November 6, 2014 Case Laws Income Tax

Amalgamation of two companies - once it is found that assessment is framed in the name of nonexisting entity it does not remain a procedural irregularity of the nature......
November 6, 2014 Case Laws Income Tax

Condonation of delay – delay of 117 days in filing appeal and 1248 days in filing review petition – The delay does not deserves to be condoned - their presence in the......
November 6, 2014 Case Laws Income Tax

Merely because tax has been deducted at source on the amounts received by the assessee, it does not lead to an automatic conclusion that the entire amount is the income.....
November 5, 2014 Case Laws Service Tax

Import of Information Technology Software - sale or service - end-user license is being provided to the customers in India. Appellant is the distributor of such end-use.....
November 5, 2014 Case Laws Service Tax

The benefit of exemption Notification No. 12/2003-ST cannot be granted merely on the basis of overall estimation/approximations put forth and without any documentary proof - AT
November 5, 2014 Case Laws Service Tax

Business Auxiliary Service - whether HPCL have provided Business Auxiliary Service (BAS) to the manufacturer of hoses, LPG stoves, pressure cookers, kitchen lighters -......
November 5, 2014 Case Laws Service Tax

Digital Signature Certificate (DSC) and Secure Socket Layer Certification (SSLC) services - It appears that recording of data in machine readable form is involved in......
November 5, 2014 Case Laws Central Excise

Whether cenvat credit is allowable on capital goods acquired on lease basis from a company which is not a financing company, Rule 4(3) of the Cenvat Credit Rules,, 2004 - Held Yes - AT
November 5, 2014 Case Laws Central Excise

Disallowance of CENVAT Credit - Job works - Whether the job workers can prefer to pay excise duty in spite of having exemption notification bearing no. 214 of 1986 - held yes - AT
November 5, 2014 Case Laws Central Excise

Goods cleared by EOU to their own units in DTA - appellants did not pay Special Additional Duty under Section 3(5) of the CTA claiming exemption - benefit of......

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