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Highlights / Annotations / Catch Notes For November

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November 21, 2011 Notifications Central Excise

Amendment to Central Excise Notification No. 3/2005 Updates Regulations to Align with Current Tax Policies.
November 21, 2011 Case Laws Income Tax HC

Leasing Machinery: Rental Income Remains 'Business Income' Even After Lease Term Ends, Not 'Income from Other Sources'.
November 21, 2011 Case Laws Income Tax HC

Non-Deduction of TDS on Salary: Income Tax Paid in Iraq Exempts Indian Taxation u/s 192.
November 21, 2011 Case Laws Income Tax AT

Court Affirms ESOP Gains as Long-Term Capital Gains; Date of Allotment Determines Tax Treatment u/s 2(42A.
November 21, 2011 Case Laws Income Tax HC

Haryana Government Society Grants Exempt from Income Classification; Sections 11 & 12 of Income Tax Act Not Applicable.
November 21, 2011 Case Laws Income Tax AT

Tax Exemption on Long-Term Capital Gains: Share Conversion vs. Sale u/ss 10(38) and 112(1)(c.
November 21, 2011 Case Laws Income Tax AT

Live Cricket Broadcast Payments Not Taxable u/ss 9(1)(i) or 9(1)(vi) of Income Tax Act for Non-Residents.
November 21, 2011 Case Laws Income Tax HC

Former Partners Must Calculate Capital Gains on Asset Sales Post-Dissolution u/s 45 of Income Tax Act.
November 21, 2011 Case Laws Income Tax AT

No TDS on Bus Hiring Charges: Section 194C Proviso Not Applicable, Payments Not to Subcontractor, AY 2006-07.
November 21, 2011 Case Laws Income Tax HC

Lottery Prize Winnings from Unsold Tickets Taxed at 30% u/s 115BB, Even if Business Income.
November 21, 2011 Case Laws Customs AT

Refund for Goods Imported in 1998 and 1999 Granted After Provisional Assessments Finalized in 1999.
November 21, 2011 Case Laws Central Excise AT

Manufacturer Must Pay Interest on Differential Duty per Supplementary Invoice Under Central Excise Regulations.
November 21, 2011 Case Laws Central Excise AT

Brass Sheets and Circles Manufacture Exempt from Duty Under Notification No. 5/98, Dated June 2, 1998.
November 21, 2011 Case Laws Central Excise AT

Photopolymer relief image plates qualify as 'printing blocks' for duty exemption under Central Excise rules. Case law supports this.
November 19, 2011 News Indian Laws

New Tax Framework Proposes Negative List for Services, Taxing All Except Exempt Ones, Enhancing Transparency and Revenue.
November 19, 2011 Case Laws Service Tax HC

State Government Can Levy Entertainment Tax on Content, Not Service, in DTH Cases; Clarifies Taxation Scope.
November 19, 2011 Case Laws Income Tax AT

Income Tax Deduction u/s 80JJA Should Include Rural Areas, Not Just Municipalities, for Fairness in Sugar Industry.
November 19, 2011 Case Laws Income Tax AT

Interest Withdrawal Unjustified: AO Erred u/s 244A(1) on Seized Cash Adjusted Against Tax Liability Refunds.
November 19, 2011 Case Laws Income Tax HC

Share Sale and Purchase Losses Not Offsettable Against Other Income, Unless Law Permits.
November 19, 2011 Case Laws Income Tax AAR

Mauritius Tax Treaty Allows Non-Resident Company to Receive Indian Share Sale Proceeds Without Tax Deduction at Source.
November 19, 2011 Case Laws Income Tax HC

Hotel Operations Income Taxed as Business Income, Not Property Income, Affecting Reporting and Tax Obligations.
November 19, 2011 Case Laws Income Tax HC

Supreme Court: No TDS Required for Payments Not Chargeable to Tax under the Act's Provisions, per Transmission Corp. Case.
November 18, 2011 Notifications DGFT

DGFT Sets Minimum Export Price for Onions to Stabilize Domestic Market and Ensure Local Supply (Policy 2009-2014.
November 18, 2011 Notifications Customs

Customs Exemption Revised: LCD TV Panels 20 Inches and Above Now Eligible, Actual User Condition Removed (Notification No. 101/2011.
November 18, 2011 Circulars FEMA

Circular No. 47 Eases Set-Off of Export Receivables Against Import Payables, Streamlining International Trade Transactions.
November 17, 2011 Case Laws Central Excise AT

'Milkana Dairy Whitener' and 'Light & Sweet' Not Classified as Milk Powder Under Heading 0401.13 for Excise Purposes.
November 17, 2011 Case Laws Central Excise HC

Assessees can claim Cenvat credit at new premises once shifting conditions are met.
November 17, 2011 Case Laws Service Tax AT

Tribunal Grants SSI Exemption to Cable Operator Despite Failure to Claim Before Lower Authorities.
November 17, 2011 Case Laws Income Tax AT

Franchise Payments Discrepancy: Legal Standards Prevail Over Accounting Records; No TDS Required u/s 194C.
November 17, 2011 Case Laws Income Tax HC

High Court Confirms TDS u/s 194C Applies Only to Labor Portion of Composite Contracts, Not Materials.
November 17, 2011 Case Laws Income Tax HC

Medical expenses for cancer treatment in the USA allowed under Income Tax Act section 37(1) for deceased business owner.
November 17, 2011 Case Laws Income Tax AT

Deduction Denied: Assessee Fails to Prove Income from Industrial Undertaking u/s 80IB During Survey.
November 17, 2011 Case Laws Central Excise AT

Amendment to Rule 6 (6) (i) of Cenvat Credit Rules, 2004, retroactive from 2004, affects SEZ supplies.
November 17, 2011 Case Laws Service Tax AT

Parking Fees by Mandap Keepers Taxable as Service; Tax Demand, Interest, Penalties Upheld.
November 17, 2011 Notifications Companies Law

New Registrar of Companies-cum-Official Liquidator Offices Established for Better Company Regulation and Liquidation Efficiency.
November 17, 2011 Case Laws Income Tax HC

High Court Rules State Governments Must Comply with Tax Collection at Source u/s 206C of Income Tax Act.
November 17, 2011 Case Laws Income Tax HC

Business Setup Date Confirmed as 1st March 2001; Revenue Expenditure Claim Approved u/s 37(1) of Income Tax Act.
November 17, 2011 Case Laws Income Tax HC

Husband's Name in Deed Doesn't Grant Property Rights; Full 100% Deduction Allowed u/s 54 of Income Tax Act.
November 17, 2011 Case Laws VAT and Sales Tax SC

Stainless steel wire is not classified as declared goods under the Central Sales Tax regulations.
November 17, 2011 Case Laws VAT and Sales Tax SC

Scientific Instruments Not Tax-Exempt Under U.P. Trade Tax Act, 1948 & Central Sales Tax Act, 1956 Ruling.
November 17, 2011 Circulars FEMA

Circular Highlights FEMA Compliance for Overseas Forex Trading via Internet Portals, Issued November 17, 2011.
November 17, 2011 Notifications Central Excise

Central Excise Notification 40/2011 Rescinds 14/2007, Effective from November 16, 2011.
November 16, 2011 Circulars FEMA

New Rules for Reporting Oil Field Interest Transfers to Non-Residents as FDI Under FEMA Circular No. 45.
November 16, 2011 Circulars Companies Law

Guidelines on Cost Accounting Records and Audits for Companies Streamlined in Circular No. 2/2011 for Compliance.
November 15, 2011 Notifications Customs

Anti-dumping Duty on CD-R Imports from China, Hong Kong, Singapore, and Taipei Extended for One Year (Notification No. 100/2011.
November 15, 2011 Notifications Customs

Amended Baggage Rules Now Include Passengers from Bhutan and Nepal per Notification No. 77/2011-Customs.
November 15, 2011 Notifications Customs

Amendment Updates Customs Tariff Values for Palm Oil, Palmolein, Soybean Oil, and Brass Scrap Impacting Import Duties.
November 15, 2011 Case Laws Central Excise HC

Court Approves CENVAT Credit Refund for Inputs in Manufacturing After Product Exemption Notification.
November 15, 2011 Case Laws Central Excise AT

Job Workers Liable for Duty on Waste and Scrap Produced, Not Principal Manufacturers.
November 15, 2011 Case Laws Service Tax AT

Applicant Claims Liquor Supplier Discounts Not BAS Income; Pre-Deposit Requirement Waived u/r 5.

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