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Highlights / Annotations / Catch Notes For December of 2016

Home Highlights December December 2016 Year 2016

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Showing 201 to 250 of 330 Records

December 12, 2016 Case Laws Central Excise

Captive consumption - intermediate product i.e. armoured cable, which has been used for manufacture of power cables which is ultimately cleared to Mega Power Projects -.....
December 12, 2016 Case Laws Central Excise

CENVAT credit - input services - Merely because the input service tax is paid at a particular unit and the benefit is sought to be availed at another unit, the same is......
December 12, 2016 Case Laws Central Excise

CENVAT credit - Aviation fuel - definition of inputs expressly excludes Light diesel oil, HSD and motor spirit. In that case the credit on Aviation turbine fuel cannot be allowed. - AT
December 12, 2016 Case Laws Central Excise

CENVAT credit - Umbrella structure is part of the high mast lighting where high inflammable products are manufactured. Therefore the denial of credit is unjustified. - AT
December 12, 2016 Case Laws Customs

Exemption from CVD - import of mobile phones - the condition which was not possible of satisfaction - appellants were entitled to exemption from payment of CVD in terms.....
December 12, 2016 Case Laws VAT and Sales Tax

Inter state sale or intra state sale - retail sales of goods via the online portal www.flipkart.com - the bill is raised and the identified package is consigned to......
December 12, 2016 Case Laws VAT and Sales Tax

Classification - WBVAT - Wooden Cable Drum cannot come within the description of a Wooden Crate or Box or Tea Chest as enumerated in serial No. 169. A drum cannot be......
December 12, 2016 Case Laws VAT and Sales Tax

Partial rejection of the petitioner's applications for refund of the input tax credit for the period from July 2015 to June 2016 - wastage under Section 19(9) of the......
December 11, 2016 Case Laws Income Tax

The income received from the cancellation of the contract and the interest thereon received would all constitute revenue receipt in the hands of the assessee - HC
December 11, 2016 Case Laws Service Tax

Turnkey contract - Erection Commissioning or Installation Services or under Commercial and Industrial Construction Services - Contract for providing and laying spiral......
December 11, 2016 Case Laws Service Tax

Export of services - sale promotion and back office accounting services - the benefits of the services provided by the appellant has accrued to the foreign principals -.....
December 11, 2016 Case Laws Central Excise

Remission of duty - the first information regarding such loss or destruction etc. to be sent within 24 hours of the occurrence. That they have failed to inform the......
December 10, 2016 Case Laws Customs

Import of old and used tyres - confiscation and again ordering re-export of confiscated goods is contrary to each other - confiscation of goods upheld with imposition of....
December 9, 2016 Case Laws Income Tax

Penalty under section 271(1)(c) - There is no concrete positive evidence against the assessee exhibiting unexplained investment, except unregistered sale deed, which......
December 9, 2016 Case Laws Income Tax

Computation of annual value of the property let out to the assessee’s sister concern - otional interest on security deposit is to be treated as income from house property - AT
December 9, 2016 Case Laws Income Tax

Disallowance of interest paid to close relatives of the assessee - Interest of 18% paid by the assessee could not considered as excessive. Application of Sec. 40A(2) was....
December 9, 2016 Case Laws Income Tax

Addition made u/s.40A(3) - cash payment to transporters - If the assessee had paid money to the lorry drivers, as argued by it, vouchers would have been given by the......
December 9, 2016 Case Laws Income Tax

Once the book results are rejected by invoking provisions of section 145(3) of the Act, no separate additions could be made under section 68 - AT
December 9, 2016 Case Laws Income Tax

AO having estimated the higher profit rate on total contract receipts after rejection of the books of account invoking the provisions of s. 145(3), no separate additions....
December 9, 2016 Case Laws Income Tax

The assessee had taken the loan less than ₹ 20,000/- from his close relatives and family members Further the assessee immediately deposited the amount in bank......
December 9, 2016 Case Laws Service Tax

Where the appellant has worked as co-loader their role is limited to delivery of the packets to the ultimate customer - it cannot be said that they have carried out......
December 9, 2016 Case Laws Service Tax

Rebate of service tax u/r 5 of Export of Services Rules, 2005 - The Reserve Bank regulations permit such amounts received through intermediate nostro accounts as receipt....
December 9, 2016 Case Laws Service Tax

In the absence of show cause notice, penalty under section 76 of Finance Act, 1994 could not have been imposed - penalty u/s 76 set aside - AT
December 9, 2016 Case Laws Central Excise

Cenvat Credit - common inputs and input services - Rule 6(3) - The formula prescribed for the period after 1.4.2011 does not provide reasonable estimate of the credit......
December 9, 2016 Case Laws Customs

Valuation - If the product has been found to be classifiable under heading 7219/ 7220 the contemporaneous data of imports of heading 7208 cannot be used to redetermine......
December 9, 2016 Case Laws Indian Laws

Admissibility of vakalatnama filed by a new advocate in the absence of ‘no objection’ of the advocate already on record - Under no circumstance, a party can be denied of....
December 8, 2016 Case Laws Income Tax

Claim of exemption on Rental income from Umed Bhawan Palace u/s 10(19A) - whether Ruler is entitled to claim exemption for the whole of his residential palace or such......
December 8, 2016 Case Laws Income Tax

Nature of amount appropriated towards the Sinking Funds - The income was used by the assessee and for the assessee and the assessee retained the benefit arising......
December 8, 2016 Case Laws Income Tax

Speculation Loss - Trading in future and options - the amendment cannot be held as curative in nature or for that reason has a retrospective effect - HC
December 8, 2016 Case Laws Income Tax

Additional depreciation u/s 32(1)(iia) - Running a canteen cannot be said to be manufacturing of an article or thing. - AT
December 8, 2016 Case Laws Income Tax

Sales computation - goods under transit - We agree that the accounting policy, using the word ‘coincide’, is not very appropriately worded, but then the same is not to......
December 8, 2016 Case Laws Wealth-tax

Chargeability of interest from the legal representative of the deceased assessee - the interest liability cannot be fastened on a legal representative - HC
December 8, 2016 Case Laws Service Tax

Commercial concern - the appellant in his individual capacity has provided services and was not having any commercial concern for undertaking the business in regular......
December 8, 2016 Case Laws Service Tax

Cenvat Credit - mobile phones - use beyond factory premises - The rules are stringent in requiring the retention of capital goods at the factory of production but......
December 8, 2016 Case Laws Service Tax

Imposition of penalty u/s 78 - the amount of service tax collected wrongly but not deposited with the government - due to the service being not taxable at the relevant......
December 8, 2016 Case Laws Service Tax

Small service provider exemption - determination of turnover not exceeding ₹ 10 lakhs - the amount of services rendered to SEZ unit should be reduced to arrive at.....
December 8, 2016 Case Laws Service Tax

Refund claim by recipient of services - service tax discharged for rendering of ‘commercial and industrial construction service' in the bills - With that specific......
December 8, 2016 Case Laws Central Excise

Valuation - job work - inter-connected undertakings - rule 8 of Central Excise Valuation Rules 2000 - the valuation done by the appellant i.e. cost of raw material + job....
December 8, 2016 Case Laws Central Excise

CENVAT credit - The service tax paid on reimbursable part of the consideration paid towards manpower supply services is denied for the reason that such contributions are....
December 8, 2016 Case Laws Customs

Import of Data Projector - item in question is to be classified under Chapter Heading 85286100 for which the benefit of Notification No. 24/2005-CUS under its entry No......
December 8, 2016 Case Laws Customs

Confiscation of goods and imposition of redemption fine and penalty - The goods are not available for confiscation. The goods have not been seized or released against a.....
December 8, 2016 Case Laws Customs

The consequence of non-removal of warehoused goods within the permitted period or the permitted extension is, by virtue of the terms of Section 72, certain. - When the......
December 8, 2016 Case Laws Customs

The HSN Explanatory Notes to chapter 8901 specifically excludes the vessels of heading 8903. It would mean that heading 8901 would exclude vessels which are specifically....
December 8, 2016 Case Laws VAT and Sales Tax

Inter unit transfer of cotton and cotton yarn - two units of the same company having separate registration - cannot be treated as sale transaction - no tax liability - HC
December 7, 2016 Case Laws Income Tax

Conversion of the partnership firm into a Private Limited Company - notwithstanding the non-compliance with clause (d) of the proviso of Section 47(xiii) of the Income......
December 7, 2016 Case Laws Income Tax

Registration granted to the society u/s 12A(a) cancelled - 50% fees exemption has been granted to few students - The objections raised are without any basis and material....
December 7, 2016 Case Laws Income Tax

Eligibility of section 54F benefit - whether benefit will not be available if the residential house is purchased or constructed by the assessee outside India? - benefit.....
December 7, 2016 Case Laws Service Tax

The cancellation charges recovered by the appellant cannot be held to be the consideration for providing business exhibition services - The same are thus not liable to service tax - AT
December 7, 2016 Case Laws Service Tax

Imposition of penalties - business auxiliary services - whether period of limitation can be invoked in the cases where section 80 has been invoked? - Held No - AT
December 7, 2016 Case Laws Service Tax

Business Auxiliary Services - while the consideration is based on the quantum of sale, the services provided is not ‘sale or purchase of goods” but is in the nature of......

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