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Highlights / Annotations / Catch Notes For February of 2015

Home Highlights February February 2015 Year 2015

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Showing 201 to 250 of 381 Records

February 13, 2015 Case Laws VAT and Sales Tax

While NECL is liable to pay tax on the turnover relating to execution of the works contract for KPCL, the provisions of the Act and the Rules obligate KPCL to deduct tax....
February 13, 2015 Case Laws VAT and Sales Tax

TDS on works contract - APVAT - The fact that NECL could seek refund of the tax paid did not absolve KPCL of their statutory obligation to deduct tax at source - HC
February 13, 2015 Case Laws Income Tax

Royalty u/s 9(1)(vi) - acquisition of a partial right in the intangible property or know-how without the transferor fully alienating as the ownership rights - lump-sum.....
February 13, 2015 Case Laws Income Tax

TDS on payment made doctors drawing variable pay with or without contract - doctors drawing fixed plus variable pay - TDS required to be deducted u/s 194J and......
February 13, 2015 Case Laws Income Tax

Capacity Sales Agreement - under the C&MA the VSNL satisfies the characteristic of a “owner” and “ownership” in respect of the capacity in the cable system - not......
February 13, 2015 Case Laws Income Tax

Benefit under section 54F - A flat which is newly constructed by a builder on behalf of the assessee is in no way different from a house constructed. Section 54F being a....
February 13, 2015 Case Laws Income Tax

Treatment of rental income - business income v/s income from house property - the appellant society is eligible for exemption u/s 11 and 12 of the Act, the necessary......
February 13, 2015 Case Laws Income Tax

Activities are meant for general public utility, i.e. whoever wants to advance his/her qualifications in the banking industry - assessee is a charitable organization and....
February 13, 2015 Case Laws Income Tax

Voluntary donations included in income of the assessee - registration under section 12A of the Act was not available with the assessee for the impugned assessment year -....
February 13, 2015 Case Laws Income Tax

Registration u/s 12AA rejected - when the order was passed by the Commissioner within the period of six months it cannot be held to be violative of section 12AA of the......
February 13, 2015 Case Laws Income Tax

Method of accounting - project completion method - The matter would thus stand to be decided on the basis of the entirety of the terms and the conditions of the......
February 12, 2015 Case Laws Service Tax

Rectification of mistake - ST-3 return having been filed on 28/03/2007 is neither mentioned in the order nor in the show cause notice. If that be so, Revenue cannot......
February 12, 2015 Case Laws Central Excise

Brand name - the goods bear a superscription ‘manufactured and packed by S.V.S. & Sons’, which is not a brand name or trade name. - There is a clear distinction between.....
February 12, 2015 Case Laws Central Excise

Availment of Suo moto re-credit on cancellation of rebate claim - Export of goods - 100% EOU - appellants are eligible for re-credit of the amount in their cenvat account - AT
February 12, 2015 Case Laws Central Excise

Valuation of goods - whether the amount of sales tax collected by the appellant from the customers and retained with them is includible in the assessable value or not -.....
February 12, 2015 Case Laws Customs

Mis-declaration of value as well as quantity of import goods - No intent to defraud the Revenue is forthcoming. There is a mistake in describing the quantity on the......
February 12, 2015 Case Laws Customs

Refund SAD - appellant had not discharged VAT liability timely but paid the same within one year as delayed - refund could at best be considered as a premature claim but....
February 12, 2015 Case Laws Customs

SEEPZ unit - Violation of DTA sale entitlement - Adjudicating authority has computed the duty demand wrongly - Since the Revenue has not come in appeal against the said....
February 12, 2015 Case Laws VAT and Sales Tax

Works contract - Printing press - tax assessed by the assessing authority on the value of ink and processing material as normal chemical is justified. - HC
February 12, 2015 Case Laws VAT and Sales Tax

Entry Tax - The mere fact that the general goods are not being transported by Excavator would make no difference for the reason that legislature has used the term "motor....
February 12, 2015 Case Laws Income Tax

Entitlement u/s 10B - 100% EOU - The assessee had undertaken detailed engineering drawings and as per the specification and drawings, the actual manufacture and......
February 12, 2015 Case Laws Income Tax

Validity of levy of Fee for default in furnishing TDS return/statements - Section 234E of the Income Tax Act, 1961 does not violate any provision of the Constitution and....
February 12, 2015 Case Laws Income Tax

Tribunal having decided not to proceed with the matter on the ground of condonation of delay, cannot unilaterally decide the appeals on merits, more so when the......
February 12, 2015 Case Laws Income Tax

Accrual of income or loss - Provision for FCNR fluctuation loss - The liability has neither been ascertained nor crystallised as on the Balance Sheet date - deduction not allowed - AT
February 12, 2015 Case Laws Income Tax

Provision for FCNR fluctuation loss - the losses shown are notional in character and therefore the provision for loss claimed as a deduction is liable to be disallowed. - AT
February 12, 2015 Case Laws Income Tax

Non deduction of TDS u/s 194C - no adverse inference can be derived from auditors remark as it is only statement of fact about wages and in any case auditors vague......
February 12, 2015 Case Laws Income Tax

Sheds constructed on lease-hold land - there was no building or any structure in existence on the land in relation to which any renovation or extension or improvement......
February 12, 2015 Case Laws Income Tax

When the Commissioner of Income Tax (TDS) is of the view that no TDS need be made on these living allowances paid to the Russian experts, the question of sustaining, the....
February 12, 2015 Case Laws Income Tax

Deduction u/s 80-IA(4)(iii) - Mere fact that income from letting of entire building under the Software Technology Parks Scheme is taxable as House Property income, would....
February 12, 2015 Case Laws Income Tax

Nature of income - entire building was leased to tenants registered under the Software Technology Parks Scheme - Various Amenities / services were also provided -......
February 12, 2015 Case Laws Income Tax

Providing services of vessel management services in India - income of assessees engaged in such activities can be taxed u/s 44BB only if the two conditions are fulfilled....
February 11, 2015 Circulars Central Excise

Instructions regarding adjudication of Central Excise and Service Tax Cases booked by DGCEI. - Circular
February 11, 2015 Circulars Income Tax

No interest under section 234A of the Act is chargeable on the amount of self-assessment tax paid by the assessee before the due date of filing of return of income. - Circular
February 11, 2015 Case Laws Service Tax

Receipt of services from abroad - sales promotion and marketing activities - demand confirmed invoking extended period of limitation - AT
February 11, 2015 Case Laws Service Tax

Delay in discharge of service tax liability - the deposit of service tax along with interest, subsequent to the investigations made by the Revenue, cannot be said to be.....
February 11, 2015 Case Laws Central Excise

Refund of excess duty paid on account of change of duty rate for one day - this reasoning that once credit note is issued the manufacturer should be deemed to have......
February 11, 2015 Case Laws Central Excise

Availment of CENVAT Credit - Bogus invoices - assessee has failed to prove any consumption of raw material much less its receipt and as the transport companies have been....
February 11, 2015 Case Laws Central Excise

Area based exemption - Refund - Assessee did not take the available Cenvat credit during the period it was available and paid the excess from the PLA and took the refund....
February 11, 2015 Case Laws Central Excise

Availment of CENVAT Credit - Removal of goods as such without reversal of CENVAT Credit - Appellant failed to establish that the inputs received at their Unit-2 and had.....
February 11, 2015 Case Laws Customs

Provisional release of goods - Condition for imposition of bank guarantee - revenue have not pointed out any circumstance that may raise an apprehension that the......
February 11, 2015 Case Laws Customs

Import of construction machinery - MMRDA is not a road construction corporation within the scope and context of condition NO. 40(a) - not entitled ab initio for the......
February 11, 2015 Case Laws VAT and Sales Tax

Retrospective levy of sales tax on works contract - the very basis on which Entry 25 of Schedule VI was declared as unconstitutional, has been found to be erroneous. In.....
February 11, 2015 Case Laws VAT and Sales Tax

Constitutional validity - works contract - levy of sales tax for processing and supply of photographs, photo prints and photo negatives - levy with retrospective effect sustained - SC
February 11, 2015 Case Laws Income Tax

Interest Tax Act - whether charges or amounts received from borrowers or subscribers of schemes, are truly, “interest” necessarily has to be dependent on a fact to fact.....
February 11, 2015 Case Laws Income Tax

Advertisement expenditure - one of the functions to be performed was to incur the advertisement and promotion expenditure, then the expenditure incurred for the said......
February 11, 2015 Case Laws Income Tax

Penalty under section 271E - AO did not identify the loanee or depositor and has simply invoked the provisions in relation to an internal financial adjustment among the.....
February 11, 2015 Case Laws Income Tax

Jobbing and arbitrage - The loss sustained by the assessee is a business loss which can be set off against the income from the other sources. Therefore, the prohibition.....
February 11, 2015 Case Laws Income Tax

Revision u/s 263 - advance amount of sale of room nights - A capital receipt does not become the revenue receipt just because some expenditure is incurred on the same,.....
February 11, 2015 Case Laws Income Tax

Reassessment - notice served at old address - the new address was very much available on the record of the Assessing Officer on which earlier notices u/s 143(2) dated 22....
February 11, 2015 Case Laws Income Tax

Allowable expenditure - interest payment on custom duty are expenses allowable under the provisions of the Act - AT

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