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Highlights / Annotations / Catch Notes For December of 2015

Home Highlights December December 2015 Year 2015

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Showing 1 to 50 of 540 Records

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

December 31, 2015 Case Laws Income Tax

MAT computation - Working of tax liability on book profit u/s.115JB - receipt of dividend income - Reopening of assessment - AO formed wrong belief that for the purpose.....
December 31, 2015 Case Laws Income Tax

Revision u/s 263 - Merely because the assessing officer has made additions in a particular manner would not mean that the CIT would be confined to scrutiny of the......
December 31, 2015 Case Laws Income Tax

Any grievance of the parties in respect of the Tribunal, not complying with the order of this Court for whatever reason could not be remedied by an Appeal under Section.....
December 31, 2015 Case Laws Income Tax

Tribunal power under the Act to extend the stay of demand in the appeals pending before it beyond the period of 365 days - Nothing has been shown to us as to why when......
December 31, 2015 Case Laws Income Tax

Penalty u/s 271(1)(c) - addition u/s 68 - merely because the assessee had surrendered the amounts it did not follow that the amount agreed to the added represented its.....
December 31, 2015 Case Laws Income Tax

Deduction u/s 35ABB - migration of license of assessee from phase-I to phase-II is just modification of terms and conditions of the license and these modification cannot....
December 31, 2015 Case Laws Income Tax

Undisclosed receipts through post office - without rejecting the books of accounts maintained by the assessee company, the addition made simply on the basis of......
December 31, 2015 Case Laws Income Tax

TDS u/s 194H - assessee has not deducted TDS on payment of credit card service charges - There is no such relation between the bank and the shop keeper, which......
December 31, 2015 Case Laws Income Tax

MAT - Book adjustment - assessee directed to furnish the requisite calculation before the Assessing Officer, who in turn shall verify the same and compute the book......
December 31, 2015 Case Laws Income Tax

Disallowance of the accumulation of income - rejection of Form 10 - assessee has not filed the resolution of the society for the specific purpose mentioned in the letter....
December 31, 2015 Case Laws Service Tax

Waiver of pre deposit - Section 35F - the order passed by the Tribunal did not indicate that, it has considered the materials to come to a prima facie conclusion. Hence,....
December 31, 2015 Case Laws Service Tax

Demand of service tax - To maintain ones own equipment, to optimize the usefulness, by maintenance and repair, in the BOOT period, is certainly not liable to Service tax....
December 31, 2015 Case Laws Service Tax

Valuation of goods - Free issue of SIM Cards - Telephone Services - Whether during April 2003 to September 2006 distribution of free of recharge voucher attracts service....
December 31, 2015 Case Laws Central Excise

CENVAT Credit - Returned goods - When the vehicle is brought back to the factory for the intended purposes as stipulated under Rule 16(1) the credit of duty paid on such....
December 31, 2015 Case Laws Central Excise

Manufacture - whether the activity by the applicant of bending, assembly and inspection of end formed tubes amount to manufacturing within the meaning of the Central......
December 31, 2015 Case Laws Central Excise

Denial of Concessional rate of duty - Fuel efficient light commercial motor vehicles - The fuel efficiency certificate, if any, in possession of the supplier of......
December 31, 2015 Case Laws Central Excise

Cenvat credit of membership and periodical of various business associations and law journals - all these member ship and subscriptions are directly related to the......
December 31, 2015 Case Laws Customs

100% EOU - procurement of goods without payment of duty - Even the supplier reimbursed the amount towards shortage noticed in weight which also supports the view that......
December 31, 2015 Case Laws Customs

Import of two Vessels for breaking purpose Demand of differential duty - bunker and stores - the subject bunker and stores were declared by the master of the vessel in.....
December 31, 2015 Case Laws VAT and Sales Tax

Levying of tax under the Rajasthan Tax on Entry of Motor Vehicles Into Local Area Act, 198 - Jurisdiction of AO - when all the provisions of Rajasthan Sales Tax Act,......
December 31, 2015 Case Laws Indian Laws

Condonation of delay in filing of appeal - Power of tribunal under SAFEMA to condone the delay - , the Appellate Tribunal had no power to condone the delay beyond the......
December 31, 2015 Notifications Customs

Exemption in relation to import of Chickpeas(garbanzos) and Lentils will continue on or after 1-6-2016 - Seeks to further amend notification No 12/2012-Customs dated......
December 30, 2015 Case Laws Service Tax

Utilization of CENVAT Credit to pay service tax under reverse charge - if the appellant is required to discharge the service tax under reverse charge mechanism, then it.....
December 30, 2015 Case Laws Service Tax

Benefit of VCES - the matter was under consideration of audit as on 1.3.2013, which is not yet being over. Therefore, as per Section 106(2) of the Finance Act, the......
December 30, 2015 Case Laws Service Tax

Delayed filings of return - Penalty u/s 76 - claim of relief for waiver of penalty u/s 80 - Since no acceptable cause or reason had been shown by the appellant for......
December 30, 2015 Case Laws Service Tax

Demand of service tax - renting of cab without transferring control - unless there is control, which is passed to the hirer under the rent-a-cab scheme, there cannot be.....
December 30, 2015 Case Laws Central Excise

Classification - Medicaments or fixed vegetable oils - products “Primosa” and “Simrose” would be classifiable under Heading No. 15159091 of CETA and not under......
December 30, 2015 Case Laws Central Excise

Claim of refund of excess interest (@24% instead of @13%) paid on differential duty - refund application having been filed beyond the period of one year from the......
December 30, 2015 Case Laws Central Excise

CENVAT Credit - duty paying documents - whether the respondents can avail CENVAT credit of service tax paid by them on various services received and utilized, on the......
December 30, 2015 Case Laws Central Excise

Denial of CENVAT Credit - Goods neither inputs not capital goods - bservations of the chartered engineer which have been relied by the appellant have been discarded by......
December 30, 2015 Case Laws Central Excise

Area based exemption - The attempt to set up the Unit-II as a separate Unit on first floor of the Unit-I appears to be an attempt by the appellant company to enjoy the......
December 30, 2015 Case Laws Customs

Release of bank guarantee - Petitioner already surrendered its warehousing licence and is currently not holding any of the license - Moreover, the petitioner has also.....
December 30, 2015 Case Laws Customs

Writ petition against the order of Tribunal refusing to rectify the error which was apparent on record - to that extent the finding recorded by the Tribunal is perverse....
December 30, 2015 Case Laws Customs

Suspension of the Customs Broker Licence of the Petitioner - show cause notice dated 13.7.2015 has been issued after 90 days from the date of the suspension order -......
December 30, 2015 Case Laws Customs

Rejection of the renewal application to renew the Customs Broker Licence - Petitioner contravened the regulation, by submitting forged documents, which was proved by the....
December 30, 2015 Case Laws Indian Laws

DRT whilst deciding whether it has territorial jurisdiction to entertain a Securitisation Application filed under section 17 of the SARFAESI Act would be guided by the......
December 30, 2015 Case Laws Income Tax

Computation for the income chargeable under the head 'capital gains' - If the arguments of the revenue that the transfer of trade mark itself is goodwill of a business......
December 30, 2015 Case Laws Income Tax

TDS u/s 194I - assessee in default - the Revenue is permitted to charge interest even after the Recipient has deposited the tax, the same would amount to undue......
December 30, 2015 Case Laws Income Tax

TDS u/s 194I - assessee in default - the order passed under Sec.201 (1) and (1A) of the Act on 28.1.2008 for the assessment year 2002-03, would be barred by limitation......
December 30, 2015 Case Laws Income Tax

Disallowance u/s 40A(2)(b) - for the purpose of disallowing a deduction, AO has to form an opinion not only that the expenditure is excessive or unreasonable, but that......
December 30, 2015 Case Laws Income Tax

Transfer pricing adjustments - Profit Level Indicator (PLI) - Exchange loss / gain - treated as operating in nature for working out the PLI of the assessee - whether......
December 30, 2015 Case Laws Income Tax

Unexplained share application money - Addition u/s 68 - Lot of developments have taken place after the addition - the defunct companies at the time of assessment, as......
December 30, 2015 Case Laws Income Tax

Penalty levied u/s 271(1)(c) - Considering one of the methods of accounting for determining the profits of the project adopted by the CIT (A) is not free from the......
December 30, 2015 Case Laws Income Tax

Additions merely on the basis of statement - It seems that addition has been made merely on the basis of statement/presumptive basis and no corroborative material has......
December 30, 2015 Case Laws Income Tax

Penalty u/s. 271(1)(c) - The addition has been made by invoking deeming provisions of section 50C. In our considered view in assessment proceedings the provisions u/s......
December 30, 2015 Case Laws Income Tax

Addition u/s 69B - unexplained investment - reference to the DVO without rejecting the books of account is bad and therefore the valuation report submitted consequent......
December 29, 2015 Circulars Income Tax

In all cases under scrutiny, where the AO proposes to make additions or disallowances, the assessee would be given a fair opportunity to explain his position on the......
December 29, 2015 Circulars Income Tax

Interest on FDRs made in the name of Registrar General of the Court or the depositor of the fund on the directions of the Court, will not be subject to TDS till the......
December 29, 2015 Case Laws Income Tax

MAT - Income from capital gain - whether should be included for the purpose of computing Book Profit under Section 115JB? - AO has no power to recompute the book profit.....
December 29, 2015 Case Laws Income Tax

The said surrender was related to the regular business of the assessee and it is not brought on record that the assessee earned the said income from any other source.......

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