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Highlights / Annotations / Catch Notes For November of 2016

Home Highlights November November 2016 Year 2016

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Showing 151 to 200 of 385 Records

November 19, 2016 Case Laws Central Excise

Classification of par boiling machinery - the par-boiling machine, when examined and assessed independently satisfies all the specification of heading 84.19, thus making....
November 19, 2016 Case Laws Central Excise

Classification of plywood laminated - plywood laminated with plasticized paper are correctly classifiable under Chapter Heading 44.08 of the erstwhile first schedule to CETA 1985 - AT
November 19, 2016 Case Laws Customs

Import of iron scrap - The scrap being non-notified goods, smuggled nature of goods , are to be proved by the Revenue by producing affirmative and tangible evidence. - AT
November 19, 2016 Case Laws Customs

Onus of proving smuggled character of goods - when at the time of inventory if the markings of the names of the foreign countries are not found, then the Revenue had......
November 19, 2016 Case Laws Customs

Project import - Benefit of concessional rate of duty - By virtue of being the beneficiary of the project which was executed by L&T Ltd., FIL cannot walk into the shoes.....
November 19, 2016 Case Laws Customs

Valuation - enhancement of value - drill bits of HSS nature - classification and the rate of duty, could not have gone beyond the report given by an expert engaged by......
November 19, 2016 Case Laws Income Tax

Penalty on income from bad debts recovered - the assessee has to offer the same to tax in the year in which the recovery is made. Since the assessee has failed to do, in....
November 19, 2016 Case Laws Income Tax

TDS u/ s 195 - Assessee Company was not liable to deduct the tax at source on the bank guarantee commission paid to a foreign bank - AT
November 19, 2016 Case Laws Income Tax

It is not possible to arrive at the conclusion that there would be no shortage of stock due to damage immature paddy damaged caused by rats etc. The basis on which the......
November 19, 2016 Case Laws Income Tax

When the transactions in question are falling under the ambit of definition of ‘international transaction’ as provided u/s.92B, then the AE being tax resident of India......
November 19, 2016 Case Laws Income Tax

TDS u/s 195 - whether Legal fees paid to non-resident Attorneys constitute royalty as per India-UK DTAA and also constitute ‘Royalty’ / ‘Fees for technical services’......
November 19, 2016 Case Laws Income Tax

Once the books of accounts has been rejected the Assessing Officer cannot fall back upon the same books for making addition on account of interest accrued on the FDRs......
November 18, 2016 Circulars Customs

Import of shredded metallic scrap - importer shall furnish to the Customs, a pre-shipment inspection certificate from the designated inspection & Certification agencies
November 18, 2016 Case Laws Income Tax

Income from house property - Annual value estimation u/s 23 - Property was rent out the company by its directs at lower rent and rent out to others at higher rate -......
November 18, 2016 Case Laws Income Tax

TDS u/s 194H - the discount offered by the respondent-assessee to the retailers could only be treated as sales promotion expenses, and not as commission, as no services.....
November 18, 2016 Case Laws Income Tax

Undisclosed investment - purchase of land - difference between the said seized paper and the seized ledger - Assessee has no answer to the question as to whether said......
November 18, 2016 Case Laws Income Tax

Assessee having failed to prove the validity of the transaction, no right accrues in his favour on account of non- summoning of the witness u/s 131 by the AO - HC
November 18, 2016 Case Laws Income Tax

Merely because the assessee did not contest the addition, cannot give rise to any adverse inference against the assessee, as in any case it was running into huge losses.....
November 18, 2016 Case Laws Service Tax

GTA Service – reverse charge mechanism - is appellant receiving GTA services from exporter? - Just because the Nepalese suppliers had billed the appellants separately......
November 18, 2016 Case Laws Central Excise

Refund claim - reversal of CENVAT credit on capital goods at the time of removal which is not required - principles of unjust enrichment - the appellant has been able to....
November 18, 2016 Case Laws Central Excise

Refund - principles of unjust enrichment - seeking audit report and details of information collected during special audit u/s 14A - department directed to provide the......
November 18, 2016 Case Laws Central Excise

Availment of cenvat credit by the appellant is incorrect as the provisions of Cenvat Credit Rules, 2002 do not permit the availment of cenvat credit wherein duty has......
November 18, 2016 Case Laws Customs

Project import - second-hand thermoforming plant and production line - in the absence of any restriction on subsequent sale, the benefit of assessment under chapter......
November 18, 2016 Case Laws VAT and Sales Tax

Levy of VAT on mobile (telecom) services - The call charges per call will depend on plan tariff and call durations. This is only a service and there is no transfer of......
November 18, 2016 Case Laws Central Excise

The scrap/waste have not been manufactured by the appellant and have not been arisen during the course of manufacturing of their final products. Therefore the said......
November 17, 2016 Notifications Income Tax

CBDT Prescribes Income Tax Authority to issue notice u/s 143(2) for scrutiny / regular assessment. [Assessment officer (AO) is already authorized to issue notice u/s 143(2)]
November 17, 2016 Case Laws Income Tax

TDS liability - Since the assessee is an primary agricultural credit society, the exemption provided for non deduction of tax to primary agricultural credit society u/s.....
November 17, 2016 Case Laws Income Tax

Levying penalty u/s. 271F - delay in filing the return - assessee was prevented with reasonable cause in filing the returns and there is no deliberate attempt to file......
November 17, 2016 Case Laws Income Tax

Assessee is entitled for depreciation on dumpers and pay loaders at the higher rate - AT
November 17, 2016 Circulars Customs

Prescribing procedure for the Importers certified under Authorized Economic Operator Programme as AEO (Tier-Two) and AEO (Tier-Three) to make deferred payment of duty of Customs
November 17, 2016 Case Laws Central Excise

Classification of goods - Photo Albums - Only merely, covering by the paper sheet, the photo albums will not become made of paper or paper board - To be classified under....
November 17, 2016 Case Laws Central Excise

Whether the rice/bran rice are excisable goods in terms of section 2(d) of the Act or not? - if in the tariff, the rate of duty is left blank, in that case, the goods......
November 17, 2016 Case Laws Central Excise

De-husking - Whether the conversion of paddy into rice amounts to manufacture u/s 2(f) of CE Act, 1944 - The test of manufacture has been failed as the goods are not......
November 17, 2016 Case Laws Central Excise

The appellant is not required to pay duty on semi-finished circuit card raw assembly destroyed in fire broke out in their factory - AT
November 17, 2016 Case Laws Central Excise

The appellant (SSI unit) is entitled to avail the credit and the appellant is entitled for SSI exemption without including the goods manufactured on job work for third......
November 17, 2016 Case Laws Central Excise

At the time opting area based exemption of Notification No.50/2003-CE dated 10.6.2003, the appellants were not required to reversed the credit in their cenvat credit......
November 17, 2016 Case Laws Central Excise

Levy of central excise duty - activities of assembling the various components of audio cassettes into C-0 cassettes on job charges - there is no new product emerging......
November 17, 2016 Case Laws Customs

Refund of terminal excise duty (TED) - subsequent amendment was made to the existing regime which in effect liberalised the position further and exempted payment of TED.....
November 16, 2016 Notifications Income Tax

Income–tax (30th Amendment) Rules, 2016 - Specifies the limit for deposit of Cash without PAN and Issues Direction to banks for Submission of information for deposit of.....
November 16, 2016 Case Laws Income Tax

Short term capital loss - transactions for purchase and sale of land are not proved by the assessee to be genuine transactions and are held by us to be sham and......
November 16, 2016 Case Laws Service Tax

CENVAT credit - construction services for the purpose of renting of immovable property - assessee used cement and TMT bar for providing storage facility without which......
November 16, 2016 Case Laws Service Tax

The activity of treatment of effluent waste cannot be considered as processing of the goods by any stretch of imagination - Demand under the category of Business......
November 16, 2016 Case Laws Service Tax

The requirement of actual payment of VAT is not to be taken into consideration for extending the benefit of said Notification No.12/2003, but it is only to be examined......
November 16, 2016 Case Laws Central Excise

Recovery u/s 11D - amount shown collected as central excise duty while availing SSI exemption - Demand confirmed - AT
November 16, 2016 Case Laws Central Excise

Valuation - receipt of additional consideration through Debit Notes - the duty liability cannot be demanded entirely on the amounts of debit notes so raised; cum-duty......
November 16, 2016 Case Laws Central Excise

Manufacture - assembling activity - As the respondents are procuring some indigenous parts of photocopier machine and assembled the same in their factory - the process......
November 16, 2016 Circulars Customs

Issuance of Manual Cheque for Drawback in case Amount Not Deposited in Exporter's Account due to errors- reg. - Trade Notice
November 16, 2016 Circulars Customs

ICD Mulund is ready with Document Management System (DMS) at Nhava-Sheva - The important documents contained in these docket would be scanned using high speed scanners......
November 16, 2016 Circulars Customs

Refund of 4% Additional Duty of Customs (4% CVD / SAD) - the facility of waiver of pre-audit in case of ACP clients is discontinued - The refund claims shall, however,......
November 16, 2016 Case Laws Customs

The doctrine of merger has come into play and the show cause notice is not available any more for the petitioner to challenge - It is not the case of the petitioner that....

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