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Highlights / Annotations / Catch Notes For February of 2017

Home Highlights February February 2017 Year 2017

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Showing 151 to 200 of 420 Records

1 2 345 6 7 8........ 9

February 17, 2017 Case Laws Income Tax AT

The activity of purchase and sale of shares carried out with assessee for the purpose of section 73 is a speculation business activity and, accordingly, the loss......
February 17, 2017 Case Laws Income Tax HC

Assessment u/s 164(1) - whether the assessee trust cannot be assessed as on AOP? - Once the shares of the beneficiaries are found to be determinable, the income is to be....
February 17, 2017 Case Laws Income Tax AT

Addition on income from unexplained sources u/s 68 - sham transaction - the nature of the income and source on the identical transaction have been accepted by the......
February 17, 2017 Case Laws Service Tax AT

Business Auxiliary Services - multi level marketing services - the service tax is not leviable on the commission earned by the distributor on the basis of the volume of.....
February 17, 2017 Case Laws Central Excise HC

Clandestine removal - mere payment of duty before issuance of show cause notice would not preclude the Department, from levying redemption fine, once the factum of......
February 17, 2017 Case Laws Central Excise AT

Area based exemption - whether the appellant is liable to pay NCCD, Education Cess and Secondary Higher Education Cess inspite of the exemption N/N. 50/2003? - Held Yes.....
February 17, 2017 Case Laws Central Excise AT

CENVAT credit - captive consumption - The main ground for denial is that the power plant does not belong to appellant (Hindalco) and services availed by subsidiary......
February 17, 2017 Case Laws Central Excise HC

Refund claim - excess duty paid - rejection on the ground of unjust enrichment - We are unhappy at the manner in which the Tribunal has dealt with the Appeals - the......
February 17, 2017 Case Laws Central Excise AT

Levy of duty - Kerosene meant for PDS - delay in issuing exemption notification - when the policy in vogue was known and the same also conveyed through a subsequent......
February 17, 2017 Case Laws Customs HC

SEZ units - Worn and used clothing - withdrawal of the exemption - public interest - entitlement of selling of un-mutilated worn clothing being export surplus and export....
February 16, 2017 Case Laws Income Tax AT

Non setting off carried forward business loss against the Capital Gain computed u/s 50 - sale of depreciable assets - legal fiction is to be deemed the capital gain as......
February 16, 2017 Case Laws Income Tax AT

Once, the registration under section 12AA has been granted, the approval under section 80G should not be denied unless the case of the appellant falls under......
February 16, 2017 Case Laws Income Tax AT

Transfer pricing adjustment - applicability of CUP to a single combined international transaction of Import of Crystal goods and Crystal components, cannot be considered....
February 16, 2017 Case Laws Income Tax AT

It is too much to cast such a burden on the assessee to prove that a particular insurance policy taken by it for its employees from National Insurance Company Ltd. was......
February 16, 2017 Case Laws Income Tax AT

Revision u/s 263 - The order has been passed in undue haste and there is nothing on record to suggest the urgency in the matter except the fact that the limitation......
February 16, 2017 Case Laws Income Tax HC

Deduction u/s 80IB(7) - While claiming deduction u/s 80 IB(7) in the return, sub-clause mentioned was (a) and not (b) - Sub-clause (a) talks of a larger degree of......
February 16, 2017 Case Laws Income Tax HC

Deduction u/s 80IB(7) - For own lethargy or inaction on the part of an officer of Income Tax Department, a deduction which otherwise may be available to Assessee, cannot....
February 16, 2017 Case Laws Income Tax HC

Penalty u/s 271(1)(c) - use of the term "unless" - disclosures made by the offering incomes in the returns u/s 153A - the aforesaid expression “to be furnished” has to......
February 16, 2017 Case Laws Income Tax AT

International Share Award Plan (ISAP) expenditure - The expenditure on ISAP awards incurred by the assessee is akin to salary paid to the employees for their services......
February 16, 2017 Case Laws Service Tax AT

As per sub section 73 of Section 3 the FA, 1994 in case of non-levy or short levy of service tax, if the same is paid either by the appellants themselves or as......
February 16, 2017 Case Laws Service Tax AT

Commission paid to foreign based agents - there has been a bonafide mistake on the part of the appellant to treat the taxable services as exempted services - penalty u/s....
February 16, 2017 Case Laws Service Tax HC

Invocation of extended period of imitation - section 73 (1) of the FA, 1994 - department took a view that even prior to the amendment, the assessee was liable to pay tax....
February 16, 2017 Case Laws Central Excise AT

Manufacture - production of goods like tower parts, structures, GT Line, V cross arms, HT/LT line materials - The process of fabrication of columns, purlines etc. by......
February 16, 2017 Case Laws Central Excise AT

Basmati rice is packed either with dal tadka or rajma masala with an intention of consuming the two together as a meal. Since the essential character of the meal arises.....
February 16, 2017 Case Laws Central Excise AT

The activity of creating a computer network from duty paid computers and peripherals would not amount to manufacture, since the network does not bring into existence......
February 16, 2017 Case Laws Customs AT

Classification wrap Knitted Fabric - 'lace' falling under CTH 58042990 or as 'Fabric' - imported goods are for use as a decoration on readymade Garments - benefit of......
February 16, 2017 Case Laws Customs AT

Classification under 74072110 as brass ingots, or under 74040022 as brass scrap - Looking to the shapes in which the goods are being cleared, the classification as a......
February 15, 2017 Case Laws Income Tax HC

Additional depreciation claim @ 20% - the provision of section 32(1)(iia) is required to be interpreted reasonably and purposively as the strict and literal reading of......
February 15, 2017 Case Laws Income Tax AT

MAT computation - addition of share income of AOP in the book profit - The mischief which has been sought to be remedied is that the share income of the member of the......
February 15, 2017 Case Laws Income Tax AT

Higher rate of TDS @20% for non-furnishing of PAN - where the tax has been deducted on the strength of the beneficial provisions of DTAAs, in that case, the provisions......
February 15, 2017 Case Laws Income Tax AT

Levy of penalty u/s 271(1)(b) r.w.s. 274 - Though, the assessee failed to appear on initial days, he had furnished all the information and the A.O. has completed......
February 15, 2017 Case Laws Income Tax AT

TDS u/s 195 - payment made to the non-residents for dismantling and sea worthy packing of paper mill machinery - dismantling of machinery does not require any technical.....
February 15, 2017 Case Laws Income Tax AT

Since no activities have been carried out by the Assessee in India with respect of such maintenance activity, it is unreasonable to conclude that the business of the......
February 15, 2017 Case Laws Income Tax AT

Royalty or Fees for Technical Services (FTS) - assessee has only provided a standard facility for data processing without any human intervention - the said payment is......
February 15, 2017 Case Laws Income Tax AT

The service tax and land tax are statutory liabilities which are paid during the year as per the orders of the CESTAT and Hon’ble Rajasthan High Court. These are......
February 15, 2017 Case Laws Income Tax AT

Capital receipt OR revenue receipt - On delivery of aircrafts fitted with the engines supplied by the IAE, the assessee was allowable to get some credits from IAE.......
February 15, 2017 Case Laws Income Tax AT

When the order passed by the TPO was a nullity in law and void ab initio, AO cannot entertain a belief that certain income chargeable to tax had escaped assessment u/s......
February 15, 2017 Case Laws Service Tax AT

Sub-contract - denial of exemption available to the construction of dam only on the ground that the dam is part of the Hydroelectric Power Project - there is no......
February 15, 2017 Case Laws Service Tax AT

Levy of tax - GTA services - whether tax can be levied when consignment note was not issued? - appellant has paid the major portion of Service Tax along with interest......
February 15, 2017 Case Laws Central Excise AT

Considering separate premises as single factory - All the units under reference are separate factories and are not the precincts nor the part of the same premises - The.....
February 15, 2017 Case Laws Central Excise AT

Interest on the delayed payment of rebate claims - export of goods - whether the appellant are eligible for interest from three months after the date of sanctioning the.....
February 15, 2017 Case Laws Central Excise AT

Reversal of CENVAT credit - since the ER-1 returns do not reflect the non-reversal of the credit when the inputs were removed as such, the SCN issued invoking extended......
February 15, 2017 Case Laws Central Excise AT

Sugar cess - effect of increase in levy of sugar cess after clearance of sugar from the factory - the increased levy of Sugar Cess, after the date of clearance from the.....
February 15, 2017 Case Laws Central Excise AT

CENVAT credit - tyres used for dumpers - tyres are necessary accessory to dumpers which are capital goods used in the manufacturing activity and integrally connected in.....
February 15, 2017 Case Laws Customs AT

Valuation - royalty - assessee is paying royalty to their foreign supplier for the manufacturing of goods under their license in India. The same cannot be termed as......
February 15, 2017 Case Laws Customs AT

Undervaluation - it is evident that the car was imported by producing the Bill of Entry of under-valuation - the Department has taken the price of the impugned car as......
February 14, 2017 Case Laws Income Tax AT

Exemption u/s 11 - The donations were pass-through donations with specific purposes for which the said voluntary donations can be utilized and the tax-payer has no......
February 14, 2017 Case Laws Income Tax AT

Exemption under sections 11 & 12 denied - earning interest income on RBI Bonds - the activity of depositing money in the bank and earning interest would not constitute......
February 14, 2017 Case Laws Income Tax AT

Exemption under sections 11 & 12 denied - income derived from transactions from non-members - mere charging of fee ipso-facto would not enable an activity to be governed....
February 14, 2017 Case Laws Income Tax AT

TDS u/s 194C or 194I - Payment made towards studio hire charges - the studios would charge the hire charges for using the studios setup on hourly basis and provides......

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