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Highlights / Annotations / Catch Notes For February of 2014

Home Highlights February February 2014 Year 2014

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Showing 151 to 200 of 452 Records

1 2 345 6 7 8........ 10

February 20, 2014 Case Laws Income Tax HC

Speculative loss - Tribunal’s conclusion that the gross total income of the assessee consisted mainly of income chargeable under the heads of interest on security, house....
February 20, 2014 Case Laws Income Tax HC

The generator sets being one such block of asset falling for consideration under Clause 10A of the depreciation table, this alone would qualify for the rate as......
February 20, 2014 Case Laws Income Tax HC

Reassessment u/s 147 – the expression “reason to believe“ cannot have two different standards or sets of meaning, one applicable where the assessment was earlier made......
February 20, 2014 Case Laws Income Tax HC

Reopening of Assessment – The provisions contained in Section 151 are indubitably mandatory in nature and since compliance was either not made or could be established by....
February 20, 2014 Case Laws Income Tax HC

Charitable Institution - Grant from Government - the funds were made available to the Corporation for implementing the scheme in a particular manner - grant in question.....
February 20, 2014 Case Laws Companies Law HC

Winding up petition - petition for re-call of order - admission of the winding up petition, is sought to be reargued or reopened. This is not permissible. - HC
February 19, 2014 Case Laws VAT and Sales Tax HC

Whether equipment used during surgery amount to sale or not - The fact that in the bill raised on the patient, the hospital recovers, apart from the cost of the surgery,....
February 19, 2014 Case Laws Central Excise AT

Removal of Inputs as such - reversal of cenvat credit under Rule 3(5) on input services - Recovery of service tax in terms of Rule 3(5) not justified - AT
February 19, 2014 Case Laws Central Excise AT

Cenvat credit - Job Work - Capital Goods - Although the capital goods could not be returned “as such“ after the usage, in that circumstances also the credit cannot be denied - AT
February 19, 2014 Case Laws Central Excise AT

Whether activities such as affixing of warranty stickers and chassis number stickers of the fully finished imported already branded VCD/DVD/Multi players of Heading......
February 19, 2014 Case Laws Central Excise AT

Duty demand - Clandestine removal - Revenue has prima facie proved preponderance of probability is in their favour and it is a fit case where some pre-deposit has to be ordered - AT
February 19, 2014 Case Laws Central Excise AT

Valuation - inclusion of Cash discount - the assessable value shown in the Central Excise invoice was 4% less than the assessable value shown in the commercial invoices.....
February 19, 2014 Case Laws Service Tax AT

Cenvat Credit - input services - Although the appellant has taken registration in the name of Vishal Devgan, all the activities have been performed by Ajay Devgan -......
February 19, 2014 Case Laws Service Tax AT

Revenue seeking adjournment - Revenue will be seeking adjournments in almost all Service Tax matters which will certainly be detrimental to its interest and the......
February 19, 2014 Case Laws Service Tax AT

Levy of penalty - renting of immovable property - retrospective amendment - Appellant cannot be held guilty of any malafide, so as to impose penalty upon him. - penalty set aside - AT
February 19, 2014 Case Laws Service Tax AT

Levy of service tax - It is a settled position of law that when the new entry is created so as to bring the activity under the category of taxable service, it is implied....
February 19, 2014 Case Laws Service Tax AT

CENVAT credit - The petition for amalgamation was pending before the Hon’ble High Court and as such, it cannot be said that there was any suppression or mis-statement on....
February 19, 2014 Case Laws Customs HC

If the Commissioner is competent to adjudicate certain issues, merely because the noticee in such case may lose one stage of appeal would not render the action of the......
February 19, 2014 Case Laws Customs AT

Denial of refund claim - there is no evidence brought on record that assessments made on the bills of entry of the appellant were contested by filing appeals before the....
February 19, 2014 Case Laws Customs AT

Condonation of delay - There cannot be presumption of deliberate delay on account of culpable negligence or mala fide. But reasons of delay explained must be acceptable to law. - AT
February 19, 2014 Case Laws Customs HC

Retraction of statement - Retraction was an afterthought. Had the Carrier given the statement under Section 108 of the Act under coercion he would have made complaint......
February 19, 2014 Case Laws Income Tax AAR

Admission of the application u/s 245R(2) - proposed setting up of the subsidiary and the partnership firm - “Transaction“ or “proposed transaction“ are not the same as......
February 19, 2014 Case Laws Income Tax AT

Exemption claimed u/s 10B of the Act – If the assessee is not entitled to deduction under one section, his claim for deduction under another section of the Act should be considered - AT
February 19, 2014 Case Laws Income Tax AT

Revision u/s 263 - any loss of revenue as a consequence of an order passed by the Assessing Officer cannot be treated as prejudicial to the interests of revenue - AT
February 19, 2014 Case Laws Income Tax AT

Income from leasing the hotel was income from business and not income from house property - AT
February 19, 2014 Case Laws Income Tax AT

The interest paid by the Indian branch of the assessee-bank to its head office and other branches outside India is not chargeable to tax in India - TDS u/s 195 would not....
February 19, 2014 Case Laws Income Tax AT

Penalty u/s 221(1) - The assessee has been paying said liability in installments and in the process, it is possible that assessee may have forgotten to make the payment.....
February 19, 2014 Case Laws Income Tax AT

Capital Asset u/a 2(14) - agriculture land or not - If any suspicion crept into the mind of the Assessing Officer, nothing prevented him to get the report from Sarpanch,....
February 19, 2014 Case Laws Income Tax AT

Merit of additions u/s 68 and Section 2(22)(e) - The addition made is on account of gift which is nothing but loan taken by the assessee which was converted into gift......
February 18, 2014 Act Rules Indian Laws

Finance Bill, 2014 - To Prescribe Basic Rates of Income Tax
February 18, 2014 Case Laws Service Tax AT

Levy of penalty where the appellant paid entire tax liability and interest - relief u/s 73(3) - unless there is a case of active suppression, provisions of Section 73......
February 18, 2014 Case Laws Service Tax AT

Natural justice - adjudicating authority failed to consider the submissions made by the appellants - Matter remanded back for fresh decision - revenue to bear cost of Rs. 10,000/- - AT
February 18, 2014 Case Laws Service Tax AT

Service Tax on GTA - abatement of 75% vide Notification no. 32/2004 - 75% exemption as well as cenvat credit of service tax so paid allowed. - AT
February 18, 2014 Case Laws Service Tax AT

Waiver of pre-deposit - Valuation - reimbursement of expenses - Servicing and repair of two wheeler motor vehicle as an authorized service station - from 2006-2007 to......
February 18, 2014 Case Laws Service Tax AT

Cenvat credit – The word “used” is used in the definition of “inputs“, “capital goods“ and “input service“ - The word is not used as past tense of “use“ but as past......
February 18, 2014 Case Laws Service Tax AT

The activity or the action of service provider or not depositing the same in the Government Treasury will not bar the service recipient from taking Cenvat credit on the.....
February 18, 2014 Case Laws Customs SC

Legality of notice u/s 6 and Forfeiture of properties u/s 7 of Smugglers and Foreign Exchange Manipulators (Forefeiture of Property) Act, 1976 (SAFEMA) - The Act is not.....
February 18, 2014 Case Laws Customs HC

Suspension of clearance of imported goods - Confiscation of goods - Infringement of Intellectual Property Rights - Dy. Commissioner of Customs to pass fresh orders......
February 18, 2014 Case Laws Customs HC

Constitutional validity of recovery of cost of Custodian Charges - Regulation 5(2) of Regulations, 2009 has no legal substratum to survive - HC
February 18, 2014 Case Laws Central Excise AT

CENVAT Credit - Use of steel items for fabrication of tanks - If Jurisdictional Assistant Officer fails to verify the ER-1 return, extended period of limitation cannot be invoked - AT
February 18, 2014 Case Laws Central Excise AT

Prior to 25-6-1999 the adjudicating authority could adjust the excess payments made at the time of provisional assessment towards short-payments arising at the time of......
February 18, 2014 Case Laws Central Excise AT

Reversal of cenvat credit more than the credit availed on removal of inputs as such - appellant to deposit an amount of Rs.1,68,99,531/- in cash - stay denied. - AT
February 18, 2014 Case Laws Income Tax AT

Taxability of surplus on sale of Development Rights – This is LTCG, but, does not entail any capital gain tax, as there was no cost involved with the assessee's CHS - AT
February 18, 2014 Case Laws Income Tax AT

If the income of the assessee for the year under consideration is assessed u/s 144 of the act, that itself is no ground to disallow the setoff of earlier year losses,......
February 18, 2014 Case Laws Income Tax AT

The cost of acquisition of 'BSE card' shall be the cost of acquisition of BSE shares and the shares are deemed to be acquired on the date of acquisition of 'BSE card'......
February 18, 2014 Case Laws Income Tax AT

Since the assessee does not fulfill the conditions of the main provision of Section 2(1A)(c), the factum of the building being in the immediate vicinity of the land, by.....
February 18, 2014 Case Laws Income Tax AT

Partnership Firm - the share in assets and goodwill are non-separable rights acquired at the time of admission by paying cost, the same is liable to tax under the......
February 18, 2014 Case Laws Income Tax AT

Valuation u/s 50C - AO is to recompute the gain after reducing the valuation arrived at by the DVO by 20 % or the actual sale consideration received by assessee,......
February 18, 2014 Case Laws Income Tax AT

Deduction u/s 80P - No material could be brought before us to show that the assessee was a Co-operative Bank within the meaning of sub-section(4) of section 80P and not.....
February 18, 2014 Case Laws Income Tax AT

Even if, a refund has already been granted the same would be subject to the provisions of section 234D - Explanation-2 to section 234D of the Act makes it clear that it.....

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