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Highlights / Annotations / Catch Notes For December of 2016

Home Highlights December December 2016 Year 2016

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Showing 1 to 50 of 330 Records

12 3 4 5........ 7

December 30, 2016 Case Laws Income Tax

The security deposit recovered from the members at the time of their enrollment as a club member is refundable on occurrence of the contingencies mentioned in the Rules,....
December 30, 2016 Case Laws Income Tax

When the DRP itself stated that since Indian banks were charging 250 basis points above LIBOR on similar loans, there was no good reason for holding that the loan......
December 30, 2016 Case Laws Income Tax

Entitlement to deduction u/s 10B - assessee is engaged in the business of manufacture of Injection Blow Molding Machines - whether exemption u/s 10B has to be allowed......
December 30, 2016 Case Laws Income Tax

Disallowance u/s 14A - since the assessee has not earned any dividend income and the investments were made only as a strategic investment in wholly owned subsidiary......
December 30, 2016 Case Laws Income Tax

The issue relating to invoking of section 40(a)(ia) was not before the AO at all and in this background, it was imperative for the CIT(A) to have issued an appropriate......
December 30, 2016 Case Laws Service Tax

Business Auxiliary Services - brand promotion of ‘INTEL' and ‘MICROSOFT' - The activity of ‘promotion or marketing of logo or brand’ does not cover under the category of....
December 30, 2016 Case Laws Income Tax

Default u/s 201(1) - failure to deduct TDS - liability to pay interest u/s 201(1A) if the payee of such amounts has files a nil return or a return showing a loss -......
December 30, 2016 Case Laws Service Tax

Valuation - reimbursable expenditure - incurring of certain expenditure on behalf of the principals like placing advertisements for procurement of materials - The......
December 30, 2016 Case Laws Service Tax

Refund - Services provided by the appellant to Foreign Institutional Investors can be termed as export of services as the service tax being a destination based tax, the.....
December 30, 2016 Case Laws Service Tax

BAS - All the activities undertaken by the appellant were a part of the reflection made in the balance sheet and income tax return in which case no suppression or......
December 30, 2016 Case Laws Service Tax

Rejection of refund claim - if M/s Bata India Ltd., did not pay the service tax to the appellant, it is for the appellant to proceed against M/s Bata India Ltd., to......
December 30, 2016 Case Laws Service Tax

Refund of cenvat credit - export of services - since the substantive ground of taking CENVAT credit in the first place being correct would lead to the obvious conclusion....
December 30, 2016 Case Laws Central Excise

Reversal of Cenvat credit on CVD - Having continued to retain the credit after destruction of the same till being pointed out by the department cannot be construed as a.....
December 30, 2016 Case Laws Central Excise

Valuation - Cash discounts - scope of ambit - there will be no need to add back the discounts to the assessable value, even if the same are subsequently recovered - AT
December 30, 2016 Case Laws Central Excise

Refund claim - excise duty paid wrongly - The entry was made debiting the excise duty without actually collecting the excise duty - they have not paid the excise duty......
December 30, 2016 Case Laws Central Excise

Attachment of property - an 100% EOU, vacated the premises before fulfillment of the export obligations - recovery cannot be made from the Lessor by attachment of the property - AT
December 30, 2016 Case Laws Customs

Valuation - rejection on the ground that the Chartered Engineer's certificate issued in the country of export was not acceptable owing to discrepancy with the year of......
December 30, 2016 Case Laws Customs

Valuation of imported goods - Unless there is substantial difference between the declared price and the value determined after market enquiry, loading must be avoided......
December 30, 2016 Case Laws Customs

When the bond does not contain the terms of payment of interest, recovery of interest cannot be made, despite there is a condition of executing the bond not only for the....
December 30, 2016 Case Laws Companies Law

Entitlement to supply of copies of documents - inspection of the documents - Petitioner is not being a shareholder of the company - he is not entitled to seek this......
December 29, 2016 Case Laws Income Tax

Expenses incurred for buy back of shares are revenue expenses because there is no permanent change in the capital structure of the company, nor a benefit of enduring......
December 29, 2016 Case Laws Income Tax

Addition u/s 28(iv) - huge increase in the capital - revaluation of the jewellery - This is merely a book entry passed by the assessee - the auditor who has admitted to.....
December 29, 2016 Case Laws Income Tax

Since the assessment year 1999-2000 and 2000-2001 became final prior to 30th September, 2004, i.e. the introduction of the amended Section 142A, the respondent No.1/ITO.....
December 29, 2016 Case Laws Income Tax

Whether the provisions of Section 36 and Section 43-B are mutually exclusive and the Assessee is legally entitled to claim deduction of employees' contribution to......
December 29, 2016 Case Laws Income Tax

TDS u/s 195 - taxability of a sum in the hands of the recipient on account of a subsequent retrospective amendment would not expose the payer of income to an impossible.....
December 29, 2016 Case Laws Income Tax

Setting off the brought forward unabsorbed depreciation against the Income from House Property - effect must be given to Section 32(2) of the Act for that assessment......
December 29, 2016 Case Laws Service Tax

False VCES declaration - rejection due to difference of taxable value taken by the department and as claimed by the appellant for calculation of service tax dues -......
December 29, 2016 Case Laws Service Tax

CENVAT credit - providing erection, commissioning and installation agency service - The appellant held to be eligible to avail and utilize CENVAT credit of tax charged......
December 29, 2016 Case Laws Service Tax

By incorporating the explanation in Rule 6, the restriction was imposed for the first time that in case of transaction between associated enterprises, service tax has to....
December 29, 2016 Case Laws Service Tax

CENVAT credit - appellant is entitled to avail cenvat credit on these cables either as capital goods or input as per cenvat credit rules 2004 - AT
December 29, 2016 Case Laws Central Excise

Valuation - inspection charges - cost of additional testing conducted at customer's request and borne by the customer is not includible in the assessable value of the goods - AT
December 29, 2016 Case Laws Central Excise

SSI exemption - use of brand name and the logo belonging to others - they have concealed the factual information from the department and therefore they are not entitle......
December 29, 2016 Case Laws Central Excise

Valuation - Ethion Technical - clearance of goods to sister concern - captive consumption - In view of the revenue neutral situation, in the facts and circumstances of......
December 29, 2016 Case Laws Central Excise

Duty on intermediate goods - The final product supplied by the appellant against CT-2 certificate cannot be treated as nil duty or exempted goods. In such a case the......
December 29, 2016 Case Laws Central Excise

Valuation - value of duty paid on chassis to be included in assessable value or not? - benefit of exemption N/N. 6/2003 dated 01/03/2003 and N/N. 241/86 dated 03/04/86 -....
December 29, 2016 Case Laws Central Excise

Rebate - Rule 18 of the Central Excise Rules, 2002 - Period of limitation - In absence of shipping bill it would have not been possible for the claimant to make an......
December 29, 2016 Case Laws Central Excise

Evasion of duty - Underbilling - penalty on the partner as well as the partnership Firm can be simultaneously imposed and of course, imposition of penalty both on the......
December 29, 2016 Case Laws Central Excise

CENVAT credit - certificate of the Chartered Accountant is not based on the visit of the CA to the factory but it is based on the books of accounts and the balance sheet....
December 29, 2016 Case Laws Customs

Valuation of imported goods - spares and components of Car audio systems - Since the appellant has already accepted the enhancement of the value in the first assessment.....
December 29, 2016 Case Laws Customs

Valuation - rule 9 relates to the supply of engineering, development, art work, design work and plans and sketches, etc. by the buyer to the supplier. In the instant......
December 29, 2016 Case Laws VAT and Sales Tax

Merely because “steel structurals” or “angles” or “joists” etc are manufactured by the process of welding, would not take it outside the scope of section 14(iv)(v) of......
December 28, 2016 Circulars Income Tax

EXPLANATORY NOTES ON PROVISIONS OF THE TAXATION AND INVESTMENT REGIME FOR PRADHAN MANTRI GARIB KALYAN YOJANA, 2016 AS CONTAINED IN CHAPTER IX-A OF THE FINANCE ACT, 2016 - Circular
December 28, 2016 Case Laws Income Tax

Levy of penalty u/s 271(1)(c) - Since the assessee was not aware of exact charge of the Department against him, then the initiation of penalty proceedings are vitiated......
December 28, 2016 Case Laws Income Tax

Assessing Officer lacks jurisdiction to carry out the scrutiny assessment in the present case and accordingly, assessment order passed by the Assessing Officer is bad in law. - AT
December 28, 2016 Case Laws Income Tax

Addition u/s 40A - Disallowing the payment for purchase of granites - vendors insisted for cash payment - in view of Rule 6DD(k) of Income-tax Rules, 1962, there cannot.....
December 28, 2016 Case Laws Income Tax

Penalty u/s 271(1)(c) - whether deceased deliberately concealing the income or filing the inaccurate particulars of the income - Since there was no willful and......
December 28, 2016 Case Laws Income Tax

Where it is only income tax that is paid under the provisions of section 115JB of the Act, it is natural that tax credit under section 115JAA of the Act will only be of.....
December 28, 2016 Case Laws Income Tax

The income from letting out and operation of the property to be treated as “income from business” and expenditure and other claims to be allowed in accordance with the law - AT
December 28, 2016 Case Laws Service Tax

Classification of services - the consultant has carried out market research activity in Europe and for this reason no service tax will be liable to be paid on reverse charge basis. - AT
December 28, 2016 Case Laws Service Tax

Waiver of penalty u/s 78 of FA, 1994 - invocation of section 80 - the appellant has been able to show the reasonable cause for non-payment of service tax on the element.....

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