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Highlights / Annotations / Catch Notes For November of 2016

Home Highlights November November 2016 Year 2016

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Showing 1 to 50 of 385 Records

12 3 4 5........ 8

November 30, 2016 Circulars Income Tax

Revenue subsidies received from the Government towards reimbursement of cost of production/ manufacture or for sale of the manufactured goods are part of profits and......
November 30, 2016 Case Laws Income Tax

Entitlement to set off interest finance and professional and other charges from the interest income for the next assessment year - prior period expenditure - Deduction allowed - HC
November 30, 2016 Case Laws Income Tax

The presumption u/s. 292C is a rebuttal presumption. The presumption as envisaged in section 292C is limited to the correctness of the documents found at the time of......
November 30, 2016 Case Laws Income Tax

Permission to enhance the depreciation by revaluation of the assets upwards - whether assessee company has shown high depreciation in the Profit & Loss A/c during the......
November 30, 2016 Case Laws Income Tax

TDS u/s 195 - nature of payment made - reimbursement of expenses or payment towards product development fees to assessee - the payment in question is FTS and......
November 30, 2016 Case Laws Service Tax

If the complex is constructed by a person directly engaging any other person for design or planning or layout and such complex is intended for personal use as per the......
November 30, 2016 Case Laws Service Tax

The incidental service of ‘transportation of excess baggage by air’ cannot be charged service tax under the category of service of ‘transportation of goods by air’ as......
November 30, 2016 Case Laws Central Excise

Presumptive SCN - Clandestine removal - without experiment is being carried out at the premises of the noticees, use of any of the committee's report for electricity......
November 30, 2016 Case Laws Central Excise

CENVAT credit - it cannot be alleged against the appellant that they have received the invoices and not the goods merely on the ground that there was not storage......
November 30, 2016 Case Laws Customs

Duty drawback - carpet rolls - provisions of Section 14 of Customs Act, 1962 (issuance of SCN) are not applicable to goods which have already left the shore of Indian......
November 30, 2016 Case Laws VAT and Sales Tax

HVAT - submersible pump sets used for agricultural purposes fall in Entry 1(D)(9) of Schedule 'B' upto June 30, 2006, hence tax free. From 1.7.2006 onwards pump sets......
November 30, 2016 Case Laws VAT and Sales Tax

If any dealer sells taxable goods and even if he is not selling exempted goods, but, despatches goods outside the State otherwise than by way of sale, he could be......
November 29, 2016 News Indian Laws

Point of Sale (POS) Devices and Goods required for their manufacture exempted from Central Excise Duty till March 31, 2017
November 29, 2016 News Indian Laws

Lok Sabha has passed THE TAXATION LAWS (SECOND AMENDMENT) BILL, 2016
November 29, 2016 Case Laws Income Tax

Benefit of principle of mutuality - a minor contribution from non-members which has been offered for taxation, would not destroy the principle of mutuality. - AT
November 29, 2016 Case Laws Income Tax

Expenditure in the nature of penalty u/s 37(1) - The compensation was paid for delay in handing over of possession of the property, the liability to pay such......
November 29, 2016 Case Laws Income Tax

Addition u/s 68 - the addition for the reason that the denomination of notes withdrawn and re-deposited was different, it cannot be a ground to make the addition - AT
November 29, 2016 Case Laws Income Tax

Business promotion expenditure - The special box sponsored by the assessee - It is difficult to imagine how 15 persons sitting in an air-conditioned box and watching a......
November 29, 2016 Case Laws Service Tax

It is fairly well settled that when a new service is introduced from a particular date, the same activity cannot be charged to service tax prior to that date. The only......
November 29, 2016 Case Laws Service Tax

Imposition of penalty - Except mere allegation of suppression, the Department did not bring any material on record to prove that there was suppression and concealment of....
November 29, 2016 Case Laws Service Tax

Demand of the amount payable under reverse charge method recovered from the service provider - insurance auxiliary service - To the extent that the contributor has not......
November 29, 2016 Case Laws Central Excise

The provision of Rule 4(4) of Cenvat Credit Rules, 2004 does not bar the assessee form taking cenvat credit on capital goods in the subsequent year after availing......
November 29, 2016 Case Laws Central Excise

The availment of cenvat credit without paying duty on the goods has resulted in a situation of loss of revenue. The facts of the case present an isolated situation and......
November 29, 2016 Case Laws Central Excise

Excisibility of waste, scrap and parings of paper and paperboard arising during manufacture of empty boxes with use that paper and paperboard - scrap of paper cannot be.....
November 29, 2016 Case Laws Central Excise

Refund claim - reversal of cenvat credit wrongly - whether the appellant is required to reverse the CENVAT credit availed on inputs and input services attributable to......
November 29, 2016 Case Laws Central Excise

Classification of Cetraben Cream - whether classified as medicament or as cosmetics? - merit classification under chapter 30 as medicament - AT
November 29, 2016 Case Laws Central Excise

Unjust enrichment - refund of credit which was reversed under protest during dispute - refund of Cenvat credit need not to be under gone the test of unjust enrichment. - AT
November 29, 2016 Case Laws Customs

The term “vessel” includes any ship, boat, sailing vessel or other description of vessel used in navigation. Motor tanker would be covered in the definition of vessel -.....
November 29, 2016 Case Laws Customs

Frivolous application for Rectification of mistake - costs of ₹ 10,000/- imposed on the applicant-Commissioner to be paid in to the Prime Minister’s Relief Fund - AT
November 29, 2016 Case Laws VAT and Sales Tax

Jurisdiction of Single Judge Bench to reduce quantum of penalty - tax evasion - whether respondent was able to establish that his conduct was not fraudulent and that his....
November 29, 2016 Case Laws VAT and Sales Tax

Levy of tax - Eraser, Scale and Glass Marking Pencils - these are essentially stationary items and would fall in the exempt category - HC
November 28, 2016 News Indian Laws

Taxation Laws (Second Amendment) Bill, 2016
November 28, 2016 Income Tax

An optional scheme for Levy of Tax and Penalty on Amount Deposited in the Bank Account which was undisclosed / unexplained - Income Tax
November 28, 2016 Case Laws Income Tax

Taxability of reimbursement of salary - Once the salary cannot be taxed in India the same cannot be brought in the ambit of FTS under Article 12(5). - AT
November 28, 2016 Case Laws Income Tax

Cash payment for purchase of fruits - the payment in cash for purchase of agricultural commodities is covered by Rule 6DD(e) of the Rules and in such a situation merely.....
November 28, 2016 Case Laws Income Tax

Addition on account of secretarial, accounting & other support services - the addition was made by the A.O on the ground that, this is not authorized by the partnership.....
November 28, 2016 Case Laws Income Tax

Addition u/s 68 - loose paper in coded word. - the explanation given by the assessee, which is after 13 days of survey is a plausible one, it cannot be brushed aside......
November 28, 2016 Case Laws Service Tax

Enhancement of penalty - if the adjudication order has been challenged before the learned Commissioner (Appeals), the learned Commissioner of Service Tax seized his......
November 28, 2016 Case Laws Service Tax

Levy of penalty u/s 76 and 78 of the Finance Act, 1994 - taxability of Sale of Space or Time for Advertisement - it is a case of bonafide mistake - no penalty - AT
November 28, 2016 Case Laws Central Excise

When the Rule itself, does not permit drawback in case of inputs on which duty has not been paid, the appellant ought to have maintained some procedure/ segregation /......
November 28, 2016 Case Laws Central Excise

CENVAT credit - whether appellant is eligible for CENVAT Credit availed on Capital goods when at the time of availing credit appellant was manufacturing only exempted......
November 28, 2016 Case Laws Central Excise

Reversal of CENVAT Credit on inputs contained in the waste pharmaceuticals destroyed are governed by the provisions of Rule 21 of Central Excise Rules 2002 read with......
November 28, 2016 Case Laws Central Excise

The grant of notification should not be loosely interpreted and public grant should not be abused. But the spirit of the notification in question appears to be......
November 28, 2016 Case Laws Central Excise

Valuation - assessable value - ex-factory sales - so long as there is a genuine ex-factory price there can be no question of taking into account the depot price for......
November 28, 2016 Case Laws Central Excise

The anchor rings and load spreading plates are parts of tower specially designed for wind operated electricity generators and are eligible for exemption under......
November 28, 2016 Case Laws Central Excise

Levy of duty - paper waste and aluminium waste generated during the making and packing of cigarettes classified under CETH 4702.90 and CETA 7602.90 respectively -......
November 28, 2016 Case Laws Central Excise

Cenvat credit - duty paid job work - whether the denial of Cenvat credit on the ground that job worker should have carried out job work under Rule 4(5)(a) of Cenvat......
November 28, 2016 Case Laws Central Excise

Refund - Principles of unjust enrichment - periodical revision of the price depending on the price prevailing in the market - appellant is entitled to refund since not......
November 28, 2016 Case Laws Customs

Valuation - rejection of transaction value of the import of “Lux” brand soaps declared by the appellant - Once misdeclaration of the value of import is established,......
November 28, 2016 Case Laws VAT and Sales Tax

Mobile Battery Chargers (MBC), cannot be treated as part of the Mobile Phones itself and they are mere accessories of the Mobile Phone and are to be taxed separately......

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