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Highlights / Annotations / Catch Notes For December of 2015

Home Highlights December December 2015 Year 2015

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Showing 351 to 400 of 540 Records

1 ....4 5 6 789 10 11

December 12, 2015 Case Laws Income Tax

The only purpose of the assessee company to sponsor the foreign trip of the doctors was for the purpose of promotion and sale of the products of the assessee company. It....
December 12, 2015 Case Laws Income Tax

Disallowance of machinery repair expenses - There is no such ratio propounded that as and when a repair exceeds 20% of the WDV, the same would need to be capitalized. - AT
December 12, 2015 Case Laws Income Tax

Taxing of capital gain by invoking the provisions of section 50C on the sales of property - the assessee should have rebutted the entire DVO’s report before the CIT(A)......
December 12, 2015 Case Laws Income Tax

The trust had incurred expenditure on religious and charitable purposes from the income of the subsequent year, even though the actual expenditure was in the earlier......
December 12, 2015 Case Laws Service Tax

CENVAT Credit - Renting of Immovable Property service as input service - Authorized service station service being output service - When the appellant has started......
December 12, 2015 Case Laws Central Excise

Demand of interest - Supplementary invoices - whether interest is leviable u/s 11AB on the differential duty amount paid under supplementary invoices due to price......
December 12, 2015 Case Laws Central Excise

Allegation of Suppression of production - manufacture of gutka and pan masala under the brand name ‘Vimal’ - At the relevant time there was no bar against an Assessee......
December 12, 2015 Case Laws Central Excise

Imposition of personal penalty on 3 persons for duty evasion by the manufacturer - the requisite evidence necessary for levy of penalty on each of the Appellants under......
December 12, 2015 Case Laws Central Excise

SSI Exemption - Clandestine manufacture and removal of goods - Estimation of production - electricity consumption - Entire demand of clandestine removal of acid slurry.....
December 12, 2015 Case Laws Customs

Valuation - SVB has accepted the invoice price as transaction value - When the goods are customised as clearly recorded in the OIO as well as in the impugned order,......
December 12, 2015 Case Laws Customs

Revoking the CHA licence of the appellant - Offense is really grave inasmuch as no authorization was obtained from the exporter, the exporter was found to be......
December 12, 2015 Case Laws Customs

Refund of SAD - whether sanctioning of 4% of SAD refunds by way of re-credit in the respective licenses after 30-6-2013 was proper or not - a right given under an......
December 11, 2015 Circulars Income Tax

CBDT Revises the monetary limits for filing of appeals by the Department before ITAT, High Courts and SLP before Supreme Court - measures for reducing litigation
December 11, 2015 Case Laws Income Tax

Disallowance made under Section 40(a)(ia) - The Sine qua non for the application of Section 40(a)(ia) of the Act to apply is claiming of the amount sought to be......
December 11, 2015 Case Laws Income Tax

Exemption u/s 10A - the disallowed expenditure, becomes a part of the income derived from the activity of export of software and entitled to the deduction under Section.....
December 11, 2015 Case Laws Income Tax

Income from house property - the unrealized rent cannot be taken to be taxable in the hands of the assessee under the head "income from house property" when it is not realizable - HC
December 11, 2015 Case Laws Income Tax

Claim of Loss - purchase and sale of shares - speculation loss or not - before application of the Explanation to section 73, aggregation of the business profit or loss......
December 11, 2015 Case Laws Income Tax

Claim of Loss in the revised return - failure to fulfill the conditions u/s 139(5) - In case, the revised return of income is not accepted, then how can the issue be so.....
December 11, 2015 Case Laws Income Tax

Disallowance of depreciation - The expression "put to use" for 180 days has been wrongly changed by the AO for "6 months" - asset was put to use on or before 30.09.2007,....
December 11, 2015 Case Laws Income Tax

Disallowance of miscellaneous expenses - Merely because some expenditure is claimed on the basis of self made vouchers cannot make the expenditure disallowable. - AT
December 11, 2015 Case Laws Income Tax

Revision u/s 263 - the action of the Principal CIT is not based on facts on record and no application of mind while considering the proceedings under section 263. - AT
December 11, 2015 Case Laws Income Tax

Penalty under section 271D - Though the assessee has made an endavour to project the loan taken as amount received as a trustee by virtue of power of attorney but, in......
December 11, 2015 Case Laws Service Tax

Demand of service tax - Authorization dealer service - three service provided to the Retail customers - the value of services is included in the dealers margin and no......
December 11, 2015 Case Laws Service Tax

Demand of service tax on Security Agency Services - Appellants were aware the levy of tax and they have not paid the tax and therefore it is a fit case to invoke the......
December 11, 2015 Case Laws Service Tax

Services provided to group companies - adjudicating authority has correctly classified the services rendered by the employees of the appellant under ‘Business Support......
December 11, 2015 Case Laws Service Tax

Denial of refund claim - Accumulated CENVAT Credit - FIRCs received for the exports made are not in the name of the appellant - unable to find out legal provisions which....
December 11, 2015 Case Laws Customs

Once the statute is clear that where the subject matter is ‘gold’, the Settlement Commission would not have any jurisdiction to entertain the application under Section......
December 11, 2015 Case Laws Customs

Denial of exemption claim - imported parts - The systems are wind operated electricity generator with its components and parts thereof including rotor and wind turbine......
December 11, 2015 Case Laws VAT and Sales Tax

Detention of goods - Evasion of tax - Though the quantity in both the bills was the same but the rates and amounts varied. It was concurrently concluded by all the......
December 10, 2015 Case Laws Income Tax

Disallowance of set off being loss on account of trading in Futures and Options/derivatives against other income - the assessee was having the interest income as well as....
December 10, 2015 Case Laws Income Tax

Valid ‘demerger’ u/s 2(19AA) - carry forward of loss and unabsorbed deprecation - in the case of demerged company revenue has already taken a stand that the transaction.....
December 10, 2015 Case Laws Income Tax

Validity of reference made to the Departmental Valuation Officer (DVO) u/s 55A - The provisions of Section 55A(b)(ii)can be invoked only in case the valuation report is.....
December 10, 2015 Case Laws Income Tax

TDS u/s 194C - payment for blasting work - payments to three different persons as contract payments where tax should have been deducted under the provisions of section.....
December 10, 2015 Case Laws Income Tax

Reopening of assessment - in the light of expressed provisions of Section 124 and Section 147 of the IT Act, the only officer who could have exercised jurisdiction over....
December 10, 2015 Case Laws Income Tax

Revision u/s 264 in favor of assessee - the appeal of the Assessee has not been disposed on merits. In view of this, there was no bar to the CIT in exercising......
December 10, 2015 Case Laws Income Tax

Minimum alternate Tax (MAT) - donation paid is allowable expenditure while computing the book profit of the assessee u/s 115JB - AT
December 10, 2015 Case Laws Service Tax

Recovery of service tax - Section 87 - freezing of bank accounts - adjudication of show cause notice is pending - the settled principle that levy, assessment and......
December 10, 2015 Case Laws Service Tax

Denial of refund claim - a slight delay in filing for the registration by the assessee with the Department cannot become a valid ground for rejecting their refund claim....
December 10, 2015 Case Laws Service Tax

Demand of service tax - one-time franchise charges for transfer of technical know-how - the agreement does not fit into the definition of franchise agreement as it......
December 10, 2015 Case Laws Service Tax

Denial of abatement claim - Construction services - benefit of abatement of 67% - Assessee had also availed the benefit of CENVAT Credit - There is no dispute on the......
December 10, 2015 Case Laws Service Tax

Cenvat credit on the capital goods is allowable, which were received even when the respondent was not registered as service provider. - Capital goods are received for......
December 10, 2015 Case Laws Customs

The import of components / parts/ sub-assemblies by the applicant will not be classified as motor vehicle under Tariff Heading 87.03 or as Completely Knocked Down (CKD).....
December 10, 2015 Case Laws Customs

Classification of processed betel nut - containing ingredients such as food starch, spices, mulethi, flavors, perfume etc., though not containing lime or katha......
December 10, 2015 Case Laws Customs

Constitutional validity of Circular - Prohibition on import of Alloy Steel of Deformed Bars/ Deformed Bars which fails to meed the BIS - No basis to hold that the......
December 10, 2015 Case Laws Customs

Mere entertaining of suspicion cannot be basis to put a citizens right to do business in jeopardy, which is a guaranteed freedom under Article 19(1)(g) of the Constitution of India - HC
December 9, 2015 Case Laws Income Tax

Money received by the assessee by way of enhanced compensation/interest - the decision in CIT v. Hindustan Housing and Land Development Trust Limited (1986 (7) TMI 10 -....
December 9, 2015 Case Laws Income Tax

Disallowance of website registration expenses - revenue v/s capital expenditure - Just because a particular expenditure may result in an enduring benefit would not make.....
December 9, 2015 Case Laws Income Tax

Assessment of partnership firm as AOP - non filing of partnership deed - the provision of section 184(2) is not mandatory and is only directory as the similar language......
December 9, 2015 Case Laws Income Tax

Revision u/s.263 - In absence of information at the time of completion of the assessment the AO could not have asked the assessee to explain the cash transactions - on.....
December 9, 2015 Case Laws Income Tax

Unexplained cash credit under section 68 - assessee has failed to establish the genuineness of the credits. - AT

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