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Highlights / Annotations / Catch Notes For February of 2013

Home Highlights February February 2013 Year 2013

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Showing 101 to 150 of 306 Records

February 16, 2013 Case Laws Service Tax

Constitutional validity of Section 67 - Security Agency – The ‘Master and Servant relationship is between the Security Agency and the Security Personnel engaged and not.....
February 16, 2013 Case Laws Service Tax

Supply of water supply to SEZ on behalf of State Government - Government of Rajasthan could not be treated as a developer of SEZ or a contractor. - AT
February 16, 2013 Case Laws Indian Laws

Condonation of delay - the delay is inordinate no reason worth the name on the record given by the applicant for holding that there had been sufficient cause for the......
February 16, 2013 Case Laws Income Tax

MAT - Book profit adjustments - though actual payment of gratuity may be made at a later point of time upon periodical release of the employees from service, it is......
February 16, 2013 Case Laws Income Tax

Where the nature of transactions have been accepted in the past, the CIT could have had no occasion to take recourse to revisionary powers u/s 263 on the fundamental......
February 16, 2013 Case Laws Income Tax

Invocation of the provisions of section 50C - The expression “assessable“ has inserted into the statute for perspective application w.e.f 1.10.2009 - Not applicable for.....
February 16, 2013 Case Laws Income Tax

Deduction allowable u/s 10B - calculation as given by the assessee has no merit considering that the net profit as per tax audit report for the entire business activity....
February 16, 2013 Case Laws Income Tax

Additional Depreciation - new machinery or plant in question were not acquired after 31st day of March, 2005 - the court interprets a law and cannot legislate - decided.....
February 16, 2013 Case Laws Income Tax

Condonation of in filling of appeal before Tribunal - sufficient cause should be understood in pragmatic and practical manner - The cause shown by the assessee was......
February 16, 2013 Case Laws Income Tax

Penalty u/s 272B – Wrong quoting of PAN in TDS return - Revised PAN and Revised statement (Form 26G) filed - sufficient compliance with the provisions of section 139A - No penalty - HC
February 16, 2013 Case Laws Service Tax

Rebate claim of service tax - any condition imposed by the notification must be capable of being complied with. If it is impossible of compliance, then there is no......
February 16, 2013 Case Laws Indian Laws

Debts Recovery Tribunals (DRTs) at Chandigarh - all the proposals and measures agreed upon by the Union of India in response to the suggestions made for working of......
February 16, 2013 Case Laws Income Tax

Charitable purpose u/s 2(15) - Income from printing and publishing of newspapers - if there be any ambiguity in the language employed, the provision must be construed in....
February 16, 2013 Case Laws Income Tax

Disallowance u/s 40A(3) – Rule 6DD – Staggered the payment - It is very clear that the assessee consciously split up the payments in whole of the year, which is......
February 16, 2013 Case Laws Income Tax

Attachment order of 11 bank accounts - attachment order lifted and stay granted subject to payment of Rs.2.10 crores by 15.03.2013 - HC
February 16, 2013 Case Laws Income Tax

Conversion of shares from stock-in-trade to investments - Once the shares were held as investments, the gains arising out of the sale of investment were to be assessed......
February 16, 2013 Case Laws Income Tax

Corporate membership fee paid to Golf Club - Such expenses are for running the business with a view to produce the benefits to the assessee. - it cannot be treated as capital asset - HC
February 16, 2013 Case Laws Income Tax

Method of accounting following consistently should not be disturbed because it was incorrect unless it could be shown that change in the method of accounting would......
February 16, 2013 Case Laws Income Tax

TDS u/s 194J - purchase and sale of rights in satellite and movies - the payments made would fall within the definition of “royalty“ - TDS to be deducted u/s 194J - AT
February 16, 2013 Case Laws Income Tax

Status of assessee – Merely accruing of income jointly to more persons than one would not constitute thereon an association of persons. Unless the associates have done......
February 14, 2013 Case Laws Central Excise

Extended Period of Limitation – when the earlier show cause notices had been issued for the later period on the same set of facts - SCN for earlier period not valid - HC
February 14, 2013 Case Laws Customs

Short landing of the goods – Refund of Custom Duty - the whole amount had been deposited but the related goods have undisputedly not arrived in India. Refund allowed. - AT
February 14, 2013 Case Laws Customs

Exemption – Whether car is a new one or an old car - TAC certificate gives the name and address of the manufacturer correctly, therefore, the TAC produced by the......
February 14, 2013 Case Laws Income Tax

Rectification u/s 154 - AO is not justified in initiating further proceedings for rectification to impose his own view under the guise of rectification under Section 154 - HC
February 14, 2013 Case Laws Income Tax

Attachment of immovable property in respect of 25 flats - Tax Recovery Officer is bound to give effect of the order of the Assistant Commissioner who accepted the order.....
February 14, 2013 Case Laws Income Tax

Non deduction of TDS from cost of uniform items, stitching charges, washing expenses etc., reimbursed to the employees -FBT was paid - Not liable to TDS - AT
February 14, 2013 Case Laws Income Tax

Nature of incentive subsidy - Capital or revenue receipt - subsidy on the purchase of generator set - the same is capital subsidy and should go on to reduce the cost of asset - AT
February 14, 2013 Case Laws Income Tax

No doubt, the revised return cannot be taken cognizance of since the original return was filed belatedly. - However, an additional claim could be made before the......
February 14, 2013 Case Laws Income Tax

Validity of notice u/s 148 – Assessment can not be reopened merely because credit of TDS given and income was not offered to tax since it is not any allowance or......
February 14, 2013 Case Laws Companies Law

Liquidation - Transfer of property - Oral agreement - no disposition of the property before the order of winding-up - discretion u/s 536(2) cannot hence be exercised to.....
February 13, 2013 Case Laws Central Excise

Free after sale service - valuation - the PDI and free after sales services charges can be included in the transaction value only when they are charged by the assessee to the buyer - AT
February 13, 2013 Case Laws Central Excise

Input Services - Cenvat credit in respect of insurance service of factory premises allowed - AT
February 13, 2013 Case Laws Central Excise

Committee on Dispute declined permission to pursue the appeal - matter which has been considered and decided by the Committee on Dispute cannot be reopened. - AT
February 13, 2013 Case Laws Central Excise

SSI Exemption - Brand name of other - Inasmuch as the trade marks are yet to be registered, the question of the appellant owning the brand name by virtue of the......
February 13, 2013 Case Laws Central Excise

Condonation of Delay - Looking into the delay in the proceeding which is now almost 27 year caused due to the Appellant's non-cooperation in the proceeding - delay of......
February 13, 2013 Case Laws Service Tax

Cenvat Credit of Service Tax paid – if the service was received by the factory, credit is admissible even if the document is in the name of registered office - AT
February 13, 2013 Case Laws Service Tax

Adjustment of excess payment of Service Tax – centralized registration - Rule 6(4A) of STR ,1994 would be applicable and Rule 6(3) would not be applicable - AT
February 13, 2013 Case Laws Service Tax

Pandal or Shamiana Contractor’s services. - claim of the appellant for classifying their activity under the head “Erection, Commissioning or Installation Services” is......
February 13, 2013 Case Laws Service Tax

Housing construction and building activities carried on by a private or statutory body - the same constituted 'service' - service provider is accountable before the......
February 13, 2013 Case Laws Customs

Reward to Informer - reward is an exgratia payment and subject to the guidelines and may be granted on the absolute discretion of the authority competent and further......
February 13, 2013 Case Laws Indian Laws

Identical Trademark - Right in the trademark “Procare” - damages in the sum of Rs. 5 lacs along with the cost of the suit are awarded in favour of the Plaintiff and......
February 13, 2013 Case Laws Income Tax

Additions made on the protective basis deleted by ITAT - Order of ITAT confirmed. - HC
February 13, 2013 Case Laws Income Tax

Exemption u/s 80(G)(5) - Once the statute has given perpetuity to the exemptions granted under Section 80(G)(5) the same could not be withdrawn without issuing show cause notice - HC
February 13, 2013 Case Laws Income Tax

Reopening of Assessment - if the reason on which the assessment is reopened fails, the AO can not proceed to assess some other income - HC
February 13, 2013 Case Laws Income Tax

Deduction u/s 80IB – Housing project in slum areas - Notification after 5 years with a condition of time limit - Such a time limit can defeat the basic purpose of the......
February 13, 2013 Case Laws Income Tax

Provisional cost of site development - Accrual accounting - Deduction u/s 37(1) - there are certain requirements to be met before such provisions are allowed and they......
February 13, 2013 Case Laws Income Tax

Penalty u/s. 271-A - non-maintenance of books of account required u/s. 44AA - assessee claimed lower profit - Non compliance of section 44AF - Penalty confirmed. - AT
February 13, 2013 Case Laws VAT and Sales Tax

TNVAT Act - Cancellation of registration certificate - it is mandatory to issue notice before cancellation of registration and to give opportunity of personal hearing - HC
February 12, 2013 Circulars Companies Law

Filing of Balance Sheet and Profit and Loss Account in eXtensible Business Reporting Language(XBRL) mode for the financial year commencing on or after 01.04.2011 - Circular
February 12, 2013 News Indian Laws

New President and Vice-President of the Institute of Chartered Accountants of India

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