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Highlights / Annotations / Catch Notes For November of 2014

Home Highlights November November 2014 Year 2014

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Showing 51 to 100 of 302 Records

123 4 5 6........ 7

November 26, 2014 Case Laws Income Tax

A liability, which actually exists and is also not disputed by assessee, but merely not paid, is not a contingent liability when the work or obligation has been actually....
November 26, 2014 Case Laws Income Tax

Loss of goods in transit - Reserve Bank of India did not permit the remittance of sale consideration by way of foreign exchange on the ground that the goods never......
November 26, 2014 Case Laws Income Tax

Even upon detection of on money receipt or unaccounted cash receipt, what can be brought to tax is the profit embedded in such receipts and not the entire receipts themselves - HC
November 26, 2014 Case Laws Income Tax

Addition of outstanding balance of certain creditors – Section 68 is not applicable in the present case the outstanding amounts in the books of account of the assessee.....
November 25, 2014 Case Laws Service Tax

Waiver of pre deposit - CENVAT Credit - consulting engineer service - Credit taken on strength of debit notes - Appellants have a prima facie made out a good case for......
November 25, 2014 Case Laws Service Tax

Levy of tax on commission retained by other person - Reverse charge mechanism -both the service provider and service recipient are situated in India and therefore there.....
November 25, 2014 Case Laws Service Tax

CENVAT Credit - Availment of credit on tippers and dumpers - Central Excise duty paid on dumpers and tippers is not eligible to be availed as CENVAT Credit before amendment - AT
November 25, 2014 Case Laws Central Excise

Demand of interest - provisional assessment was ordered at the request of the appellants and it was made clear that appellants would be required to pay the interest......
November 25, 2014 Case Laws Central Excise

It is proper to allow Cenvat credit to M/s. SISCOL from October, 2005 on capital goods used in setting up Power Plant for generation of electricity, which was captively.....
November 25, 2014 Case Laws Income Tax

Preponement of deferred sales tax loan chargeable u/s 41(1) or not – deferred sales tax liability is capital receipt not taxable - AT
November 25, 2014 Case Laws Income Tax

The net profit is ranging from 5.19% to 6.15%, definitely there will be lower profit in the case of sub contractor i.e. the assessee and hence, the CIT(A) has rightly......
November 25, 2014 Case Laws Income Tax

TDS - Section 194C requires the person responsible for paying the money and it does not requires to deduct tax by the person who is liable to make money - AT
November 24, 2014 Case Laws Service Tax

Business Auxiliary Services - collection of toll charges on behalf of CIDBI or not - there was no such commission paid at all - demand set aside - AT
November 24, 2014 Case Laws Service Tax

Management Consultancy Services - activity of helping in marking of granite blocks and rendering assistance in execution of the export orders does not fall under Section....
November 24, 2014 Case Laws Service Tax

Hire purchase and financial lease service - Interest on loan is exempted from service tax is not to be included in the taxable service - stay granted - AT
November 24, 2014 Case Laws Service Tax

C&F Agency Services - The activity of the sales representative, by no stretch of imagination, can be called clearing and forwarding service - AT
November 24, 2014 Case Laws Central Excise

CENVAT Credit - Reversal of credit when finished goods became exempt - While the provisions of sub-rule (3)(ii) of Rule 11 of the Cenvat Credit Rules, 2004 are not......
November 24, 2014 Case Laws Central Excise

Classification of goods - Classification of Horn Controller - Horn Controller manufactured and cleared by the appellants is rightly classifiable under Heading 85.12 of.....
November 24, 2014 Case Laws Central Excise

Dismissal of appeal - Non compliance with pre deposit order - As the dismissal of appeal is automatic and on account of failure to comply with said order of pre-deposit,....
November 24, 2014 Case Laws Customs

Redemption fine and penalty - import of medical equipment claiming the benefit of Notification 64/88-Cus dated 01/03/1998 - conditions of the notification not fulfilled.....
November 24, 2014 Case Laws Customs

Denial of refund claim - after passing of final assessment, the Bill of Entries were audited on 5.4.2007 and it was forwarded to refund section - period of limitation......
November 24, 2014 Case Laws Customs

Import of casing pipes - since the Anti Dumping Duty has not been imposed on the margin of dumping, but at a rate less than of margin of dumping and is “with Reference.....
November 24, 2014 Case Laws Income Tax

The department, which did not participate in the verification proceedings, or raise any timely objection to it before the Settlement Commission, cannot be heard to......
November 24, 2014 Case Laws Income Tax

TDS under section 194H – assessee had paid commission to HDFC on payments received from customers who had made purchases through credit cards - TDS is not required - HC
November 24, 2014 Case Laws Income Tax

If the loss on sale of investments has been booked in the hands of the Holding Company or any of the Subsidiary Companies, on the ground that they are the real owners,......
November 24, 2014 Case Laws Income Tax

TPA - this is not a pure reimbursement of cost but cost sharing exercise in implementing ERP systems in the group - It certainly involves services by assessee company -....
November 24, 2014 Case Laws Income Tax

Exemption against the sale of property u/s 54 – Whether purchasing of share of the son who is co-sharer in the flat amounts to purchase or not - exemption allowed - AT
November 24, 2014 Case Laws Income Tax

The view taken by the AO in computing book profit u/s 115JB being an acceptable view, the assessment order passed cannot be considered to be erroneous - revision set aside - AT
November 24, 2014 Case Laws Income Tax

TDS u/s 194 - Failure to prove regarding forwarding of Form No. 15G/H or not - merely because there are some technical defects in the declaration or they have been......
November 24, 2014 Case Laws Income Tax

When a loan which is the term loan is waived by a financial institution, then it shall not treated as income in the hands of the assessee; whereas if working capital......
November 23, 2014 Case Laws Service Tax

Reversal of CENVAT Credit - department has not undertaken any such exercise nor have they given any finding as to whether the reversal made by the appellant is in......
November 23, 2014 Case Laws Service Tax

If prior to 16.05.2008, the service was correctly classifiable under franchise service and broader category was brought into the statute subsequently it does not mean......
November 23, 2014 Case Laws Service Tax

Export of services or not - appellant was providing structure of biochemical compound which was developed in India and a minute quantity was exported - prima facie case....
November 23, 2014 Case Laws Central Excise

CENVAT Credit on inputs procured from 100% EOU - Quantum of Additional Customs Duty included duty of excise and Educational Cess - different views were being expressed.....
November 23, 2014 Case Laws Central Excise

Reversal of CENVAT Credit - inputs as work- in-progress (WIP) which was destroyed in the fire accident - assessee has not claimed any remission and no final product has.....
November 23, 2014 Case Laws Central Excise

Captive consumption - excise duty upon molasses - Suppression of value of goods - Demand of differential duty - The burden is upon the proper officer. - HC
November 23, 2014 Case Laws Central Excise

Merely because erstwhile owner though it had ceased to carry on business on the premises in question, had failed to apply for de-registration and/or cancellation of the.....
November 23, 2014 Case Laws Customs

Denial of refund claim - Merely, because an officer from the Department of Fertilizers has certified, catalyst cannot be considered as machinery, instrument or......
November 23, 2014 Case Laws Income Tax

Validity of block assessment u/s 158BC – Order beyond period of limitation or not –issuance of notice u/s.143(2) is a mandatory requirement - AT
November 23, 2014 Case Laws Income Tax

Deduction u/s 80IB(10) – assessee is eligible for deduction u/s 80IB(10) of the Act even in relation to impugned additional income offered in a statement deposed u/s......
November 23, 2014 Case Laws Income Tax

Non-compete fees paid to Ex-Managing Director - If the advantage is not for longer period and not enduring in nature, then such a payment of noncompete fee is nothing......
November 23, 2014 Case Laws Income Tax

Existence of a Permanent Establishment – Article 7 of the DTAA with France - the initial onus is upon the Revenue to show that the transactions are not at arm's length......
November 23, 2014 Case Laws Income Tax

Unabsorbed depreciation is to be added to the account of allowance of depreciation of the next year and as such merges with next year’s depreciation allowance - and......
November 23, 2014 Case Laws Income Tax

Only because AO has accepted the deduction claimed towards prior period and exceptional items without making any reference, it cannot be said that the issue was not......
November 23, 2014 Case Laws Income Tax

Merely because rental income earned on the property was shown as business income, the property so held as investment cannot be treated as a stock-in-trade of the......
November 23, 2014 Case Laws Income Tax

Bed debts - once the advances made are held to be of revenue nature, then, the other consequence of claim of deduction u/s 36(1)(vii) would automatically follow if the......
November 22, 2014 Case Laws Service Tax

CENVAT Credit - input services - Advertisement and broadcasting agency service - appellant had availed both the services and has also borne the incidence of Service Tax.....
November 22, 2014 Case Laws Service Tax

CENVAT Credit - Imposition of interest on unutilized credit - Rule 14 - whether a mere taken of CENVAT credit facilities without actually using it, would carry interest.....
November 22, 2014 Case Laws Central Excise

Denial of refund claim - Because the appellant s action amounted passing of burden to one self. Therefore it cannot be said that the duty liability has been passed on to....
November 22, 2014 Case Laws Central Excise

Denial of CENVAT Credit - tribunal disposed of the appeal while deciding the stay application - Revenue has suffered serious prejudice on account of such dismissal of......

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