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Highlights / Annotations / Catch Notes For November of 2015

Home Highlights November November 2015 Year 2015

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Showing 1 to 50 of 538 Records

12 3 4 5........ 11

November 30, 2015 Case Laws Customs

Provisional release of goods - Section 110A - Maintainability of appeal -An appeal lies before this Tribunal against an order passed by Commissioner of Customs under......
November 30, 2015 Case Laws Service Tax

Waiver of pre deposit - organization like C-DIT was set up by Government should be a model to others as far as compliance with law is concerned. Unfortunately, in this....
November 30, 2015 Circulars Companies Law

MCA decided to relax Additional Fees and Extend the last date of filing of forms MGT-7 (Annual Return) and AOC-4 (Financial Statement) upto 30.12.2015. - Circular
November 30, 2015 Case Laws Service Tax

CENVAT Credit - credit for the input services like car parking, furniture rentals, DG Set charges, facility maintenance charges - needless to say that all the input......
November 30, 2015 Case Laws Central Excise

Denial of refund claim - Unjust enrichment - returned of excess duty through debit / credit Notes - appellant admittedly accounted for the said amount as ‘receivable’......
November 30, 2015 Case Laws Central Excise

Job Work - claim of full exemption under notification no. 214/86CE whereas the principal manufacturer availing the area based exemption from duty under notification no.....
November 30, 2015 Case Laws Customs

Levy of customs duty on goods cleared from SEZ to DTA and non-processing area of the SEZ - Custom duty at the rate of 16% advalorem levied by Notification dated......
November 30, 2015 Case Laws Customs

Levy of anti dumping duty - anti-dumping duty is levied for the protection of domestic industry and not to safeguard the interest of the revenue - HC
November 30, 2015 Case Laws Customs

Valuation of Imported goods - Inclusion of royalty in assessable value of goods - because there are no such identical goods, the onus does not shift to the importer to......
November 30, 2015 Case Laws Customs

Valuation of the goods for export which are "football goalkeeper gloves" - Undervaluation - the transaction value as declared by the appellant for claiming duty drawback....
November 30, 2015 Case Laws Customs

100% EOU - duty payable on debonding - assessee had capitalized certain spare parts - revenue took the view that by this process, the value of the capital goods has......
November 30, 2015 Case Laws VAT and Sales Tax

Cancellation of registration - proof of address - petitioner contended that, there is no mandatory provision in the Tamil Nadu Value Added Tax Act, 2006 that the......
November 30, 2015 Case Laws VAT and Sales Tax

Works contract activity or pure sales activity - printing annual report as per the specification - mere fact that in the execution of the contract for work, the paper......
November 30, 2015 Case Laws Income Tax

Reopening of assessment - even without passing the order u/s 143(3), where the proceedings are pending, a notice u/s148 of the Act was issued to RJA asking it to file a.....
November 30, 2015 Case Laws Income Tax

Deduction u/s 54 - There is also no restriction that what percentage of the size of flat should be used for residential purposes either under the Income Tax law but......
November 30, 2015 Case Laws Income Tax

TDS u/s 194C OR 194J - the expression 'manager' and consequently 'managerial service' has a definite human element attached to it and similarly, the services......
November 30, 2015 Case Laws Income Tax

Business of plantations in Malaysia - applying the test of permanent establishment the income from the plantation would be taxable only in Malaysia and not in India. - AT
November 30, 2015 Case Laws Income Tax

Claim of interest on share capital - interest paid on share capital goes to reduce the interest collected by the Society from its Members and it would not form part of profit. - AT
November 30, 2015 Case Laws Income Tax

Levy of penalty u/s 158BFA(2) - when the assessee has voluntarily accepted the undisclosed income bona-fidely for the purpose of buying peace of mind and to avoid......
November 30, 2015 Case Laws Income Tax

Entitlement to deduction U/s 54 - Assessing Officer cannot allow deduction claimed during the course of assessment proceedings, it can be claimed only in revised return....
November 30, 2015 Case Laws Income Tax

Revision u/sec. 263 - CIT has exceeded his jurisdiction in directing the Assessing Officer to initiate penalty proceedings u/s 271(1)(c) - AT
November 30, 2015 Circulars Income Tax

CBDT has issued Explanatory Notes to the provisions of the Finance Act 2015 in relation to various amendments in the Income Tax Act, 1961
November 29, 2015 Case Laws Service Tax

Denial of input service credit - although the appellant was not registered with the service tax department during the relevant time it has availed the services, the......
November 29, 2015 Case Laws Central Excise

Claim of exemption - chewing Tobacco - the contention proceeds on the premise that the branded goods belonging to third party only would be treated as branded and......
November 29, 2015 Case Laws Central Excise

As per the CESTAT, Rule 6 of CCR applies only if some final product is partly exempt and partly dutiable. However, we do not find any such restriction in Rule 6 which......
November 29, 2015 Case Laws Central Excise

SSI exemption - Extended period of limitations - the Department was aware of the location of the factory in the rural area. Thus, there is no suppression of facts with......
November 29, 2015 Case Laws Customs

Valuation - import of old and used monitors - restricted items - appellant fail to comply this requirement of the policy, therefore the goods were rightly confiscated - AT
November 29, 2015 Case Laws Customs

Duty demand - Import of 10 numbers cooling bells - denial of the benefit of Project Import Regulations, 1986 - the appellant produced clarification of the supplier and......
November 29, 2015 Case Laws Income Tax

Disallowance of amortization of premium on investment in Government Securities Held to Maturity (HTM) - amortization on purchase of Government securities was made as per....
November 29, 2015 Case Laws Income Tax

The right course is to first of all apply for grant of registration u/s 12A and after obtaining the same, one can apply for grant of approval u/s 80G(5)(vi) - The......
November 29, 2015 Case Laws Income Tax

Reopening of assessment - misconception of law - assessee has not followed the due procedure which is required to be followed for the purpose of challenging the notice......
November 29, 2015 Case Laws Income Tax

In the absence of having any reason to believe that income chargeable to tax has escaped assessment for the assessment years under consideration, the assumption of......
November 29, 2015 Case Laws Income Tax

Revision u/s 263 - taxation of surrendered income u/s 69A - The assessee had surrendered income over and above the normal profits of the concern and not as income from......
November 29, 2015 Case Laws Income Tax

Shifting expenditure incurred by the assessee is for carrying on its business operation and the same is incurred wholly and exclusively for the purpose of business and......
November 29, 2015 Case Laws Income Tax

Penalty u/s. 271D and 271E - numerous cash deposits and repayment was made in cash - assessee has demonstrated the funds were arranged in cash on urgent requirement of......
November 29, 2015 Case Laws Income Tax

Taxability of the gain on the transfer of sweat equity shares allotted to the assessee - to be assessed as income on the sale of shares, as short-term capital gain or,......
November 29, 2015 Case Laws Income Tax

TDS u/s 194C - payment made by the assessee towards freight to Forwarding and Clearing Agents - non deduction of TDS u/s.40(a)(ia) - The Assessee cannot break-up the......
November 28, 2015 Case Laws VAT and Sales Tax

Levy of VAT on smart cards - The requisite information is embedded and supplied to the department - The contract entered into between the parties for supply of smart......
November 28, 2015 Case Laws VAT and Sales Tax

Rate of VAT - even if some parts of Battery or Battery-parts can be said to be sold for other purposes but primarily it is meant for motorcars. - general rate would not.....
November 27, 2015 Case Laws Income Tax

Deduction of interest paid on borrowed sums from Bank under the provisions of Section 36(1)(iii) disallowed - diversion of loan - loan given to Directors and Sister......
November 27, 2015 Case Laws Income Tax

TDS u/s 194J - payments made by the assessee in form of transmission/wheeling and SLDC charges - The primary basis to conclude the services to the falling u/s 194J of......
November 27, 2015 Case Laws Income Tax

Accommodation entries - Once the sales have been accepted, there must be purchases - total purchases cannot be disallowed. AO directed to restrict the addition to the......
November 27, 2015 Case Laws Income Tax

Profits in lieu of salary - chargeable to tax u/s 17(3) or section 28(va) - appellant was not an employee - compensation attributable to a negative/restrictive covenant.....
November 27, 2015 Case Laws Income Tax

Amount received towards the development fund - Taxing land premium on transfer in excess - the principle of mutuality was applicable to the assessee which had as its......
November 27, 2015 Case Laws Income Tax

Short term capital gain - AO held to be as bogus and not real accordingly assessed the same as income of the assessee from undisclosed sources - shares have been......
November 27, 2015 Case Laws Income Tax

Reopening of assessment - disallowance of deduction u/s 80IB - after having accepted that the assessee is a small scale industry for a good number of earlier years, it.....
November 27, 2015 Case Laws Income Tax

Addition on account of valuation of closing stock by following FIFO method - assessee had miserably failed to demonstrate that it was following continuously weighted......
November 27, 2015 Circulars Service Tax

Clarification regarding leviability of service tax in respect of Seed Testing with effect from 01.07.2012 - Circular
November 27, 2015 Case Laws Service Tax

Advertising agency - amounts received as cash discount and incentives from media - service tax had been rightly imposed on the assessee-appellant besides recovery of......
November 27, 2015 Case Laws Service Tax

Adjustment of excess payment of service tax with short payment - prescribed procedure of intimation to superintendent not followed - The only option is either to refund.....

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F: Stock damaged in recent floods

F: GST on Solar Plant

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C: Guidelines to Stock Exchanges, Clearing Corporations and Depositories

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F: Transfer of ITC without filing ITC-02

F: assessment order

F: INTERMEDIARY SERVICES OR EXPORT SERVICES

H: Revision: Hospital receipts verified, partial refunds & fees paid subs...

F: ITC Issue in case of Acqusition of Company in Insolvency

H: Goods matched documents like e-way bill and invoices; detention order ...

H: Goods Inspection Matches E-Way Bill, Lack of Tax Evasion Intent Quashe...

H: Income tax reassessment validity: AO initiated proceedings u/s 147 ins...

H: Reassessment Rules Interpretation: Taxpayer Wins Over Accommodation En...

H: Sale-purchase loss disallowed unreasonably by tax officer, commercial ...

H: Building sale value can't determine depreciation; actual consideration...

H: Loan to equity conversion attracts income tax on excess share premium ...

H: Property purchase: Joint owners pay via banking channels before regist...

H: Tax exemption limit for leave encashment: Local authorities' employees...

H: Tax assessments beyond 6-year limit quashed, satisfaction note lacked ...

H: Cash found in lockers linked to temple trust and educational foundatio...

H: Microphone Tech Classification: Functionality Over Technology.

H: Exemption from Social Welfare Surcharge on duty-free imports via scrips.

H: Claim for performance pay not an operational debt under IBC; Multiple ...

A: Director Identification Number

A: No GST is applicable for the services provided by the Director under p...

A: Income Tax Act Revamp (Comprehensive Review): Status and Suggestion on...