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Highlights / Annotations / Catch Notes For February of 2014

Home Highlights February February 2014 Year 2014

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Showing 51 to 100 of 452 Records

123 4 5 6........ 10

February 26, 2014 Case Laws Income Tax HC

Power to grant stay u/s 254(2A) of the Act – Stay to be granted beyond 365 days – Section 254(2A) does not prohibit/bar the High Court from issuing appropriate......
February 26, 2014 Case Laws Income Tax HC

Validity of direction for special audit of accounts u/s 142(2A) - the AO is empowered to refer the accounts to the special auditor “at any stage of the proceedings” S.142(2A) - HC
February 26, 2014 Case Laws Income Tax HC

Income from sale of land – Business income OR Capital gain – there was no business activity and the land was sold during the year on which income had been derived could.....
February 26, 2014 Case Laws Income Tax HC

In case of contravention of Section 13(1)(d), maximum marginal rate of tax under Section 164(2), proviso is applicable only to that part of income of the Trust which has....
February 26, 2014 Case Laws Income Tax AT

Disallowance of foreign exchange loss – The provisions of section 43A of the Act could not apply to the facts of the case as the provisions can be invoked only when......
February 26, 2014 Case Laws Income Tax AT

Applicability of Section 50C of the Act - sale of development rights are not subject to section 50C i.e stamp valuation - AT
February 26, 2014 Case Laws Income Tax AT

Payment of upfront fee of Rs.150 crores paid by assessee to “AAI” has created capital assets in the form of license to develop and modernize the Airport - depreciation allowed - AT
February 26, 2014 Case Laws Income Tax AT

TDS u/s 192 - any allowance given by the company to its employees in the name of uniform allowance cannot be said to be exempt under Rule 2BB(1)(f) r.w.s 10(14)(i) of......
February 26, 2014 Case Laws Income Tax AT

Assessment having been made u/s 144 and with clear provisions of section 184(5), the ld. CIT(A) is not justified in allowing interest and salary to the partners - AT
February 26, 2014 Case Laws Income Tax AT

Premium paid on Keyman Insurance Policies - once the assessee after nursing these policies for some time by paying premium thereupon, has been assigned to the partners,....
February 26, 2014 Case Laws Income Tax AT

Addition made u/s 40A(3) - cash payments – There is no prohibition or restriction on a middleman to work as agent of different parties, if he was acting on behalf of the....
February 26, 2014 Case Laws Income Tax AT

Addition u/s 68 - Cash deposit - Primary onus is on assessee to substantiate the claim of failure of land deals due to which cash remained unutilized - Assessee had not.....
February 25, 2014 Case Laws Central Excise AT

Valuation - Deduction of breakage allowance from assessable value in terms of sales policy - Any allowance in speculation is not permissible in law. - imaginary......
February 25, 2014 Case Laws Central Excise AT

Demand of differential duty - appellants are liable to pay the excise duty on the said finished goods shortages which is noticed by the authorities during the stock verification. - AT
February 25, 2014 Case Laws Central Excise AT

Imposition of penalty - penalty on signatory - Unless cogent evidence is brought to record to say that retraction in affidavit is untruthful and the appellant was......
February 25, 2014 Case Laws Service Tax HC

Levy of service tax on parking charges - Now, parking services - regardless of wherever it is carried on - stand excluded in entirety. - HC
February 25, 2014 Case Laws Service Tax AT

The definition of input service under Rule 2(l) is worded in a broad manner so as to bring within its ambit services availed by a provider of taxable service, whether......
February 25, 2014 Case Laws Service Tax AT

Condonation of delay - the delay was caused due to the absence of Finance manager from duty and his failure to communicate in time about the passing of the said order -.....
February 25, 2014 Case Laws Customs AT

Rejection of refund claim - when pilferage was found during the course of examination before the charge was given, the assessee is entitled for refund claim of duty paid....
February 25, 2014 Case Laws Customs AT

Penalty for mis-declaration of goods - import of CRT picture tubes 14“ CRT picture tubes - there was absolutely no reason for mentioning the words “data graphic display....
February 25, 2014 Case Laws Customs AT

Appellant's refunds of interest, paid as per the provision of Sec. 61(2) of the Customs Act, 1962, will not be hit by the doctrine of unjust enrichment - AT
February 25, 2014 Case Laws Income Tax HC

Instead of terminating the proceedings initiated u/s 148 of the Act by dropping them the revenue chose inexplicably to keep those proceedings alive - This amounts to......
February 25, 2014 Case Laws Income Tax AT

Service of Notice u/s 143(2) - period of limitation - provisions of section 292BB cannot extend to a case where the question of limitation is raised on admitted factual.....
February 25, 2014 Case Laws Income Tax AT

TDS u/s 194H - nature of expenditure on foreign travelling of its dealers/sub-dealers - dealers and sub-dealers had purchased the goods directly from the assessee they......
February 25, 2014 Case Laws Income Tax AT

Denial of deduction u/s 80IB(8A) - CIT(A) cannot override the approval/renewal granted by the prescribed authority and deny the benefit to the assessee - AT
February 25, 2014 Case Laws Income Tax AT

Liability to deduct TDS u/a 194A - the amount disbursed by a chit fund company to the members from the contribution cannot be treated as interest - AT
February 25, 2014 Case Laws Income Tax AT

Product registration and filing fee - If the non-resident has not rendered any services in India, or the amount paid is not taxable in India, provisions of section 195......
February 25, 2014 Case Laws Income Tax AT

In 153A/C assessments additions cannot be made unless they are based on any incriminating material or inquiries based on such material. - AT
February 25, 2014 Case Laws Income Tax AT

Payment of expenditure in cash - Section 40A(3) - the payment made by the assessee for the purchase of country liquor and country spirit from the territorial licensee......
February 25, 2014 Case Laws VAT and Sales Tax HC

Special audit under Section 58A of the Delhi Value Added Tax Act, 2004 - Commissioner of DVAT to issue Show Cause Notice and grant reasonable opportunity - HC
February 25, 2014 Case Laws Companies Law HC

Winding up petition - Escrow account - Non payment for certain invoices - there is no debtor-creditor relationship between Yahoo and Inflow. The escrow account was but a....
February 24, 2014 Case Laws Central Excise AT

100% EOU - Demand of SAD on account of clearance to other units located in DTA by way of stock transfer - the appellant is entitled to the benefit of exemption from levy of SAD - AT
February 24, 2014 Case Laws Central Excise AT

Valuation of goods - Sale through depot - The expressions of “such goods“ and “such other place“ are significant “such goods“ refers to goods of the same kind and......
February 24, 2014 Case Laws Central Excise AT

100% EOU - Clearance of non-duty paid goods to DTA - The documents prepared by the appellants were found to be fake lead to clandestine removal - demand and penalty......
February 24, 2014 Case Laws Service Tax AT

Maintainability of Revenue appeal - the decision of Committee of Commissioners or Chief Commissioners as the case may, be is a sine qua non for a legitimate appeal to be....
February 24, 2014 Case Laws Customs AT

Extension of stay beyond 180 days or 365 days - Pendency of the appeals are not on account of any conduct of the appellants but on account of pendency of a large number.....
February 24, 2014 Case Laws Income Tax HC

Depreciation - transaction is a fraudulent transaction by noticing the conduct of the asessee in the manner in which the lease transactions were finalised, much prior to....
February 24, 2014 Case Laws Income Tax HC

Reassessment - AO cannot open the accounts which have been drawn in accordance with the Companies Act, 1956, certified by the chartered accountant, accepted by the......
February 24, 2014 Case Laws Income Tax SC

Applicability of section 240 - Refund on appeal – Block assessment - the assessee was only entitled to the refund of tax paid in excess of the tax chargeable on the......
February 24, 2014 Case Laws Income Tax AT

Transfer of ongoing business - assessee is entitled for deduction u/s. 80IA(4)(iii) for the unexpired period during which the transferor enterprise would have been......
February 24, 2014 Case Laws Income Tax AT

Assessee is eligible for deduction u/s 80IB(10) in relation to additional income offered in a statement u/s 132(4) in the course of search and subsequently declared in......
February 24, 2014 Case Laws Income Tax AT

Rejection of books of accounts - Without pinpointing any defect much less any material defect in the books of account of the assessee regularly maintained, provision of.....
February 24, 2014 Case Laws Income Tax AT

Deduction u/s 10A or 10B - Profits on one unit cannot be set off from the loss of another firm in the process of computation of deduction under section 10A of the Act - AT
February 24, 2014 Case Laws Income Tax AT

Unexplained unsecured loan - By furnishing confirmation with Pan, primary onus is discharged by the appellant - Onus thereafter shifts to the Assessing Officer to make......
February 24, 2014 Case Laws Income Tax AT

In case of banks, the premium paid in excess of face value of investments classified under HTM category which has been amortised over the period till maturity is......
February 24, 2014 Case Laws Income Tax AT

The contention of the assessee that the UPS is an energy saving device, therefore, depreciation @ 80% should be granted cannot be accepted - AT
February 24, 2014 Case Laws VAT and Sales Tax HC

Condonation of delay - here is a case which shows a complete careless and reckless long delay on the part of applicant, which has remained virtually unexplained at all.....
February 23, 2014 Case Laws Central Excise AT

Rejection of refund claim - issuance of credit notes - the subsequent fluctuation in the prices of the commodity can have no relevance whatsoever so far as the liability....
February 23, 2014 Case Laws Central Excise AT

Whether Cenvat Credit of service tax paid by a job-worker on the taxable service received by the respondent is liable to be denied to the latter on the ground that the......
February 23, 2014 Case Laws Central Excise AT

Assessee is entitled to avail input credit on welding electrodes which has been used for repair and maintenance of plant and machinery - AT

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