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Highlights / Annotations / Catch Notes For December of 2015

Home Highlights December December 2015 Year 2015

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Showing 151 to 200 of 540 Records

1 2 345 6 7 8........ 11

December 24, 2015 Case Laws VAT and Sales Tax

Benefit under Section 9(1) of the DVAT for input tax credit - transactions involving the two firms were sham/bogus transactions - validity of order of the Objection......
December 23, 2015 Case Laws Income Tax

Transfer pricing adjustment - in the absence of a machinery provision it would be hazardous for any TPO to proceed to determine the ALP of such a transaction since BLT......
December 23, 2015 Case Laws Income Tax

Compensation on termination of joint-venture agreement - the receipt of ₹ 6080.95 lakhs by the Assessee as a result of the termination of the JVA during AY......
December 23, 2015 Case Laws Income Tax

Addition under Section 68 - ITAT was fully justified in coming to the conclusion that there exists no evidence to establish that there was any re-routing of the money......
December 23, 2015 Case Laws Income Tax

Exemption u/s 54F - LTCG - Even before the sale of the property, he had borrowed housing loan and started construction on the site belonging to him. After the sale, the....
December 23, 2015 Case Laws Income Tax

Levy of penalty u/s 221 - Delay in the remittance of TDS to the Government (TDS) Account - the explanation of the assessee that on account of cash crunch, remittance of.....
December 23, 2015 Case Laws Income Tax

Reopening of assessment - there was no negligence on the part of the assessee in furnishing the required details for completing the assessment. Thus reopening of the......
December 23, 2015 Case Laws Income Tax

Since the operating profit to cost margin of the appellant at 9.26% is higher than the operating profit to cost ratio of the comparable companies at 6.30%, the......
December 23, 2015 Case Laws Income Tax

Foreign agent is not providing any technical service for the purpose of running of the business of the assessee in India. Therefore, the commission paid to the agent is.....
December 23, 2015 Case Laws Income Tax

Interest expenditure on borrowed capital - expenditure is only to contain the losses of the borrower-company, by diverting it to the shareholders to that extent. The......
December 23, 2015 Circulars Central Excise

Imposition of cost by CESTAT on grounds of quality of adjudication order - CBEC issues Instruction
December 23, 2015 Case Laws Service Tax

Technical testing and analysis service - reverse charge - services are imported or not - Proviso to Rule 3(ii) states that when a service is partly performed in India,......
December 23, 2015 Case Laws Service Tax

Denial of rebate claim - receipt of commission on transaction - service was received by the recipient abroad and it is partly performed in India and partly performed......
December 23, 2015 Case Laws Service Tax

Denial of rebate of Service Tax - no nexus between the input services and the exported output service - There is no clear proposition or proposal for this in the show......
December 23, 2015 Case Laws Service Tax

CENVAT Credit - appellant has availed this credit without any documents evidencing the payment of service tax and without specifying input services and the input service....
December 23, 2015 Case Laws Central Excise

Undervaluation of goods - The case set up in the Show Cause Notice was that at the relevant time, manufacturing of electric hair removers and dyers was reserved for SSI.....
December 23, 2015 Case Laws Central Excise

Transaction value u/s 4 or MRP based Valuation u/s 4A - sale of footwear to institutional buyers in bulk - the footwear is an item which is specified under Section 4A,.....
December 23, 2015 Case Laws Central Excise

Valuation - deduction of cash discount / interest on receivables - Invoices for sales on credit terms, interest for the credit period was in built in the credit price - SC
December 23, 2015 Case Laws Central Excise

Clim of refund of duty paid where the demand of duty has been set aside in another case holding the activity is not amount to Manufacture - refund of amount before the......
December 23, 2015 Case Laws Central Excise

Non reversal of outstanding CENVAT Credit while availing SSI Exemption - Rule 11 of CCR - appellant filed the declaration for opting the exemption. Now the duty cast on.....
December 23, 2015 Case Laws Central Excise

Duty demand - revenue neutrality - since the goods were cleared to sister concern whatever duty payable and availed as credit to their own unit hence entire exercise......
December 23, 2015 Case Laws Customs

Classification - imported goods Virginiamycin is a well defined chemical of 100% purity with anti bacterial properties included specifically under Chapter 29 by virtue......
December 23, 2015 Case Laws Customs

Import of Erythritol - Application of Food Safety and Standards (packaging and Labeling) Regulations, 2011 - the contention advanced by the petitioner that the goods in....
December 23, 2015 Case Laws Customs

Availment of CENVAT Credit while claiming Duty drawback - Misdeclaration - This fact cannot be held to be a human error so as to extend the benefit to the appellant. -......
December 23, 2015 Case Laws VAT and Sales Tax

Recovery from wife for husband's dues - Attachment of property - there is nothing on the record to suggest that the husband had any right, title or interest in such......
December 23, 2015 Case Laws VAT and Sales Tax

Misuse of C-Forms / D-Forms - Even assuming for the sake of argument that if there is mis-utilisation of C-Forms or any of the Forms which are issued under the Act, at......
December 23, 2015 Case Laws Companies Law

Appellant floated as many as 27 companies to allure the investors to invest in their different companies on a promise of high returns and funds were collected from the......
December 22, 2015 Case Laws Income Tax

Validity of notice issued u/s 131 - The observation of the learned Single Judge that the authorized officer has trespassed into the house of the assessee and it deserves....
December 22, 2015 Case Laws Income Tax

Treatment of rental receipts for the purpose of Income-tax - Possession of the property was not taken by the tenant. Hence, the monies received by the assesses will not.....
December 22, 2015 Case Laws Income Tax

Rebate u/s 88E of the STT paid while working out the tax under the provisions of Minimum Alternate Tax (MAT) as specified u/s 115JB - rebate u/s 88E had to be allowed......
December 22, 2015 Case Laws Income Tax

Validity of assessment u/s 153C - it is necessary that the satisfaction must be recorded by the AO of the searched person and thereafter the documents are to be handed......
December 22, 2015 Case Laws Service Tax

Levy of penalty for delayed filing of ST-3 return - This penalty of ₹ 4000/- imposed under Section 70 of the Finance Act, 1994 on the appellant assessee does not......
December 22, 2015 Case Laws Service Tax

Refund claim made by the recipient of services - service tax was paid wrongly by the service provider - refund allowed - AT
December 22, 2015 Case Laws Service Tax

Classification of service - The radiographic testing services rendered by the appellants does not fall under the category of photographic services during the relevant period - AT
December 22, 2015 Case Laws Service Tax

Valuation - Inclusion of reimbursement of expenses - it does not have any evidence as to what was the actual amount of such reimbursements and therefore as the......
December 22, 2015 Case Laws Service Tax

CENVAT credit - input services viz. advertisement, DVD film production, campaigning in electronic and print media etc. which were used for collecting capital through IPO....
December 22, 2015 Case Laws Service Tax

Demand of service tax - best judgement assessment - wrong filing of ST-3 return - appellants have adjusted the payables against receivables in the figures given in the......
December 22, 2015 Case Laws Central Excise

Recovery of dues of the company from the Director - the action of the respondents in compelling the petitioner to clear the dues of the company cannot be sustained. - HC
December 22, 2015 Case Laws Central Excise

Due to shortage of space, the appellant kept the imported materials partly adjacent to the factory premises - demand of cenvat credit would arise if the manufacturer......
December 22, 2015 Case Laws Central Excise

CENVAT Credit - Since, the assessee is not a service provider and is only a manufacturer, the credit on the services, when they relate to motor vehicles, are not......
December 22, 2015 Case Laws Central Excise

Manufacture - whether Aluminium wire Rods /Aluminium wires (30 in number) when twisted with a core of steel wires (7 in number) amounts to manufacture of a different......
December 22, 2015 Case Laws Central Excise

CENVAT Credit - Use of capital goods for Job Work - duty of excise paid on debonding of 100% EOU on capital goods claimed as credit - clearance of the goods by a job......
December 22, 2015 Case Laws Central Excise

Denial of exemption claim - yarn waste - there is no irregularity in the clearance of yarn waste free of duty - Benefit of Notification No.30/2004-CE, dt.09.07.2004. allowed - AT
December 22, 2015 Case Laws Customs

Smuggling of goods - export of the smuggled zirconia into India from Malaysia by a premeditated design - Authority failed to conduct overseas enquiry against the racket.....
December 22, 2015 Case Laws Customs

Levy of Penalty u/s 112 for wrong filing of Bill of entry on the employee of CHA - Revocation of ID Card - Adjudicating Authority was not justified in revoking the......
December 22, 2015 Case Laws Customs

100% EOU - appellants failed to install Secondhand Textile Machinery (capital goods) within the stipulated time of one year, or within the extended period - Confiscation....
December 22, 2015 Case Laws Customs

Imposition of penalty on Director - Penalty being imposable on the basis of mens rea, it should be on a personnel of the Managing Director but not on his designation.......
December 22, 2015 Case Laws VAT and Sales Tax

DVAT - it is only the Commissioner who can pass an order under Section 36A(8) unless and until the power of the Commissioner has been delegated under Section 68 of the.....
December 21, 2015 Case Laws Income Tax

Status of the assessee - Merely because PAN was issued by the Department erroneously, there cannot be any insistence that return should be filed in the same capacity.......
December 21, 2015 Case Laws Income Tax

Photo copy of the receipt taken for the purpose of assessment - 'chargeability of income' - he genuineness of the receipt and also the contents thereof are duly......

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