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Highlights / Annotations / Catch Notes For February of 2013

Home Highlights February February 2013 Year 2013

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Showing 1 to 50 of 306 Records

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

February 28, 2013 News Indian Laws

Budget 2013 – Notifications and Circulars – Service Tax, Central Excise and Customs
February 28, 2013 News Indian Laws

SERVICE TAX - AMENDMENTS PROPOSED IN CHAPTER V OF THE FINANCE ACT, 1994
February 27, 2013 News Indian Laws

Economic Survey 2012–13 presented as on 27-2-2013
February 27, 2013 Case Laws Central Excise

Valuation of the goods under Sec. 4A - non-mentioning of correct assessable value as per Notification No.2/05 is clearly a willful mis-statement by the appellants and......
February 27, 2013 Case Laws Central Excise

Condonation of delay - Negligence of employee cannot be considered as sufficient cause for not filing the appeal within the normal period. - AT
February 27, 2013 Case Laws Central Excise

CENVAT credit on storage and warehousing charges - If depot is the place of removal, service tax paid on services received upto the place of removal is an eligible input service - AT
February 27, 2013 Case Laws Service Tax

Attachment orders - As Tribunal had passed an order granting interim stay on the matter till the disposal of the stay application the department is not allowed to issue.....
February 27, 2013 Case Laws Service Tax

Franchise service - right to collect toll - the arrangement between the appellant and the subsidiary-company would fit in the definition of "franchise" - prima facie......
February 27, 2013 Case Laws Service Tax

Suo motu credit of the differential amount of service tax - lesser payment made by the customers - merely minor infraction of the rule - adjustment allowed - AT
February 27, 2013 Case Laws Income Tax

Registration u/s 12AA (1)(b)(ii) - it was premature for CIT to judge the activities of the Trust by just glancing through the statement of accounts of the trust of such.....
February 27, 2013 Case Laws Income Tax

TDS on fees for technical services - When a particular technology was made available to the assessee by Xennia exclusively, it cannot be said that the agreement was only....
February 27, 2013 Case Laws Income Tax

Notional gain on conversion of foreign exchange deposit placed with its wholly owned subsidiary company relying on AS-11 - non-monetary item - Order of CIT(A) deleting......
February 27, 2013 Case Laws Income Tax

Order of Reassessment u/s 147 - it has been passed without any application of mind - AO has not even bothered to change the words such as “we”, “us”, etc. - In favor of.....
February 26, 2013 Case Laws Income Tax

DTAA - Retrospective amendments under consideration do not impact interpretation in the context of a DTAA also the Finance Minister’s speech on 7 May 2012 wherein it was....
February 26, 2013 Case Laws Central Excise

Penalty under rule 26 - payment of short paid and non-paid duty by the main manufacturer would not result in conclusion of proceedings against all other persons on whom.....
February 26, 2013 Case Laws Service Tax

Manpower Recruitment and Supply Services - Trust is only a facilitator for the transaction between the farmers on one side and the sugar factory on the other - stay granted - AT
February 26, 2013 Case Laws Service Tax

Service tax liability on laying of wooden and synthetic flooring for both Commercial as well as non-commercial Constructions - activity does not appear to be sustained in law - AT
February 26, 2013 Case Laws Service Tax

Commercial or Industrial Construction Service - Sports Stadium constructed for conducting Commonwealth Games, is a non-commercial construction. - stay granted in full - AT
February 26, 2013 Case Laws Service Tax

Refund claim of Cenvat credit - Export - Nexus between input and output service - service tax paid on business auxiliary service - ST paid on reverse charge basis - refund allowed - AT
February 26, 2013 Case Laws Income Tax

Claim of bad debts - there is no bar on the assessee in writing off the bad debts of the year as allowable expenditure when the corresponding credits are showing in the.....
February 26, 2013 Case Laws Income Tax

Trust - Belated filing of Form No.10 - Do not agree with the findings of the CIT(A) that the assessee was not permitted to file Form No.10 in the reassessment proceedings - AT
February 26, 2013 Case Laws Income Tax

Municipal taxes paid by the assessee on yearly basis cannot be considered as a cost of acquisition or cost of improvement allowed while determining the capital gain. - AT
February 26, 2013 Case Laws Income Tax

Registration granted u/s 12AA cancelled - the activities of the assessee trust clearly constitute activities in the nature of trade, commerce or business because no......
February 26, 2013 Case Laws Income Tax

Unexplained investment u/s 69 – Assessee paid up additional stamp duty on valuation - This by itself would not mean that the assessee made any unexplained investment - HC
February 26, 2013 Case Laws Income Tax

Violate the provisions of section 269SS and 269T – share application money - penalty u/s 271D and 271E is not automatic - if there is bonafide belief, no penalty u/s 271D and 271E - AT
February 25, 2013 Notifications Service Tax

ST- 3 for the period between the 1st day of July 2012 to the 30th day of September 2012, to be submitted by the 25th day of March, 2013 - Notification
February 25, 2013 Case Laws Service Tax

Refund - SEZ units - authorized operations - even if the appellant was not eligible for refund under Notification No.09/2009-ST dated 3.3.2009, the appellants were......
February 25, 2013 Case Laws Income Tax

Revenue recognition - Applicability of AS-9 - Accrual basis of accounting - The argument based on accountancy practice has little merit if such practice cannot be......
February 25, 2013 Case Laws Income Tax

Head of Income - assesseewas not having any land of its own - any income derived from such sublease of land can only be taxed under the head profit and gains of business....
February 25, 2013 Case Laws Income Tax

Tenancy rights - no time gap - there is no evidence to infer that the house is in vacant possession of the assessee even after the alleged end of the tenancy - taxable......
February 25, 2013 Case Laws Income Tax

Deemed income u/s 41(1) - merely relying upon the expression ‘principal’ used in the letter, one cannot conclude that the amount contains only the principal component......
February 25, 2013 Case Laws Income Tax

Penalty u/s 271(1)(c) - mere entries in the books not enough, if not disclosed in the return of income - penalty confirmed. - AT
February 25, 2013 Case Laws Income Tax

Claim of Bed Debts in the revised return - the assessee has failed to even satisfy the first precondition envisaged in S.36(1)(vii) of writing off of the debt in its......
February 25, 2013 Case Laws Income Tax

Revision u/s 263 - phrase ‘prejudicial to the interest of the revenue’ - every loss of revenue as a consequence of an order of AO cannot be treated as prejudicial to the....
February 23, 2013 Case Laws Central Excise

Exemption - goods manufactured at site of construction for use in construction work at such site - construction of flyover / tunnel / viaduct - stay granted - AT
February 23, 2013 Case Laws Central Excise

CVD - Cenvat Credit - Endorsed Bills of Entry - duty has been paid by the Bellary Unit but they have not taken credit which fact has been verified by the adjudicating......
February 23, 2013 Case Laws Customs

Recovery during the operation of stay order - Claim of appellant for refund of the excess amount has to be allowed not only as a relief to the appellant but also as a......
February 23, 2013 Case Laws Income Tax

Deduction on Payment basis u/s 43B - electricity charges to the APSEB cannot be termed as "fees" - electricity charges are in the nature of statutory liability -......
February 23, 2013 Case Laws Income Tax

Unexplained Cash Credit – temporary loan from friends and relatives abroad for the purpose of filing immigration application for L1 visa for USA - Assessee had......
February 23, 2013 Case Laws Income Tax

Writing off the debts which had already become bad in the hands of amalgamating company – Condition of Sec. 36(1)(vii) fulfilled - Claim of bad debts allowed - Sec. 72A.....
February 23, 2013 Case Laws Income Tax

Deduction u/s 80IA - AO directed to compute the profits u/s 80IA(5) if such eligible business is the only sources of income and only the losses of the years beginning......
February 23, 2013 Case Laws Income Tax

Addition u/s 41(1) – Revenue's case is that there was no genuine trading liability incurred by the assessee. Question of remission or cessation thereof would not arise -....
February 22, 2013 News Indian Laws

NTPC ties up USD 250 million term loan facility
February 22, 2013 Case Laws Central Excise

Exemption - Ntf. No. 74/93-CE – the intended or actual user of the poles also being the Board itself, and not any Department of the State Government, the other condition....
February 22, 2013 Case Laws Service Tax

Rent-a-cab Services - when no tax is collected separately, the gross amount has to be adopted to quantify the tax liability treating it as value of taxable service plus.....
February 22, 2013 Case Laws Service Tax

Maintenance and repairs of railway sidings owned by private parties carried out by Central Railway - The demand which relates period is prior to the exemption......
February 22, 2013 Case Laws Customs

Notification No.102/2007 – import- Before transportation of timber, they were required to reduce its size since the RTO rules did not permit transportation of logs......
February 22, 2013 Case Laws Indian Laws

Breach of provisions under Section 4 of Competition Act, 2002 - Once the AAI held not to be in a dominant position, there would be no question of going further into the.....
February 22, 2013 Case Laws Income Tax

Depreciation - on trial run of machinery assessee is entitled to depreciation - assessee is eligible to claim depreciation on the cable network even though the entire......
February 22, 2013 Case Laws Income Tax

Exemption u/s 54F - assessee engaged in purchase and sale of plots/lands - it did not mean that assessee was debarred from holding some plots/land as capital asset and......

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