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Highlights / Annotations / Catch Notes For February

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February 21, 2012 Case Laws Service Tax AT

Pre-deposit Waived for Appellants in Manufacturing via Business Auxiliary Services Due to Processing of Excisable Goods.
February 21, 2012 Case Laws Service Tax AT

Sai Computer Pvt. Ltd.'s balance sheet figures don't impose tax liability on appellant despite March 13, 2001, agreement.
February 21, 2012 Case Laws Income Tax HC

Tax on Capital Gains: Include Previous Owner's Holding Period for Gifted or Inherited Assets When Calculating Indexed Costs.
February 21, 2012 Case Laws Income Tax AT

Asset Transfers Between Societies Taxed as Capital Gains, Not Donations, Under Income Tax Law.
February 21, 2012 Case Laws Income Tax HC

Reassessment Validity u/s 147 Affirmed: Income Escape Justifies Action Without Completing Regular Assessment.
February 21, 2012 Case Laws Income Tax HC

Court Rules Funds Not a "Loan" Under Interest-tax Act Section 2(7); Section 5 Inapplicable.
February 21, 2012 Case Laws Income Tax HC

Source of Funds Determines Property Ownership in HUF; Agreement Silence on Ownership Status Doesn't Alter Character.
February 21, 2012 Case Laws Income Tax AT

CBDT Notification Grants Institutes Direct Approval, Qualifying Donors for Weighted Deduction u/s 35 of Income Tax Act.
February 21, 2012 Case Laws Income Tax AT

Assessing Officer Must Independently Calculate Loss or Unabsorbed Depreciation Each Year u/s 115JB for MAT Deduction.
February 21, 2012 Case Laws Service Tax AT

Jurisdiction for Service Tax Must Align with Registered Office Location; Mumbai Office Wins Over Ratnagiri Notice.
February 21, 2012 Case Laws Central Excise AT

Daily Production Report Entries Not Reliable for Demands Due to High Temperature Estimates.
February 21, 2012 Case Laws Central Excise AT

Court Rules Administrative and Export Fees Excluded from Assessable Value for Central Excise Purposes.
February 20, 2012 Case Laws Income Tax AT

Transfer of 'Development Rights' Classified as Non-Taxable Capital Receipts When Improvement Costs Are Indeterminable.
February 20, 2012 Case Laws Income Tax HC

Partner Takes Over After Dissolution, Income Includes Individual Loss Share Excluding Partnership Losses.
February 20, 2012 Case Laws Income Tax AT

Clarification on Notice Issuance vs. Service for Income Escaping Assessment under IT Act Section 147, Validity Confirmed.
February 20, 2012 Case Laws Income Tax HC

Doubtful Debts Not Written Off u/s 36(i)(vi) Must Be Included in Book Profit Calculations.
February 20, 2012 Case Laws Service Tax AT

Service distributors can allocate Service Tax across units if services are used where credit is claimed.
February 20, 2012 Case Laws Central Excise AT

Bearing Housings & Brackets Classified Under Chapter 84.83, Not Heading 84.82, Per Central Excise Case Laws.
February 20, 2012 Case Laws Central Excise CGOVT

Duty Drawback Classification Must Follow Rule 3(a) for Accurate Customs Tariff Interpretation, Avoiding Unnecessary Deviations.
February 20, 2012 Case Laws Central Excise HC

Cutting and grooving aluminum sheets to make composite panels is manufacturing, creating a distinct, commercially recognized product.
February 18, 2012 Notifications Income Tax

Section 139 Exempts Certain Individuals from Filing Income Tax Return for 2012-13 Assessment Year per Notification No. 09/2012.
February 18, 2012 Circulars Central Excise

Clarification on Tax Exemptions Under Notifications No. 49/2003-CE & 50/2003-CE per Circular No. 960/03/2012-CX.
February 18, 2012 Circulars Customs

New Customs Procedure Standardizes Iron Ore Content Calculation for Consistent and Accurate Valuation Across Operations.
February 18, 2012 Case Laws Income Tax HC

Tribunal Erred in Confirming Deletion of Addition u/s 68 for Bogus Share Application Money Involvement.
February 18, 2012 Case Laws Income Tax AT

Inherited Property Gains: Use Previous Owner's Acquisition Date for Indexation Benefits on Capital Gains Tax from Pre-1981 Acquisitions.
February 18, 2012 Case Laws Income Tax AT

Section 40(b) allows salary deduction for partners acting as HUF karta, not in individual capacity.
February 18, 2012 Case Laws Income Tax AT

Penalty Proceedings Can Challenge Assessment Validity u/s 271, Even Without Taxpayer Contesting Assessment.
February 18, 2012 Case Laws Income Tax AT

Traffic Violation Penalties in Transport Business Not Classified as Business Expenditure u/s 37 Explanation.
February 18, 2012 Case Laws Customs AT

Court Upholds Anti-Dumping Duty on Carbon Black Imports, Dismissing Appellants' Arguments on Injury and Causal Link Analysis.
February 17, 2012 Notifications Income Tax

Tax Exemption on Interest from Public Sector Bonds Under Income-tax Act Section 10(15), Encouraging Investment in Public Instruments.
February 17, 2012 Notifications Income Tax

Tax-Free Interest on Public Sector Bonds Under Income-tax Act, Section 10(15) Encourages Investment.
February 17, 2012 Notifications Income Tax

Income-tax (Second Amendment) Rules, 2012 Introduce Rule 114DA and Form No.49C for Updated Tax Compliance Guidelines.
February 17, 2012 Circulars DGFT

DGFT issues Circular No. 99 to correct Public Notices No. 80 and 83 on tax-related matters from 2011.
February 16, 2012 Notifications Customs

Tariff Values Updated for Palm Oil, Palmolein, Soybean Oil, and Brass Scrap Under Notification No. 11/2012-Customs.
February 16, 2012 Circulars FEMA

Softex Procedure Revamped: Streamlined Process for Exporters to Enhance Compliance with FEMA Regulations and Reduce Admin Burdens.
February 16, 2012 Notifications DGFT

DGFT Sets Minimum Export Price for Onions to Stabilize Domestic Market Under 2009-2014 Policy Framework.
February 16, 2012 Case Laws Income Tax AAR

India-France DTAA: Computer Servers Define Permanent Establishment, Impacting Tax Obligations for Cross-Jurisdictional Operations.
February 16, 2012 Case Laws Income Tax AT

Court Disallows Foreign Travel Expenses: Partners' Sons' Attendance Not Sufficient for Business Justification.
February 16, 2012 Case Laws Income Tax HC

Surrender of tenancy rights not taxable if Section 45 of Income Tax Act is inapplicable, says court ruling.
February 16, 2012 Case Laws Income Tax HC

Court Orders Tax Department to Pay Rs. 1,00,000 to Assessee-Trust; Highlights Unfortunate Litigation u/s 80G.
February 16, 2012 Case Laws Income Tax AT

Arm's Length Pricing Case Rules Against Employee Termination for Low Capacity, Impacting Labor Cost Evaluations for Taxes.
February 16, 2012 Case Laws Income Tax AT

Sales Tax Subsidy as Capital Receipt Excluded from Book Profit Calculation u/s 115JB of Income Tax Act.
February 16, 2012 Case Laws Income Tax HC

Section 80-IC Deduction Stands: Conversion to Partnership Doesn't Affect Eligibility Despite Section 80-IA's Amalgamation Rule.
February 16, 2012 Case Laws Customs AT

Authority Misclassifies PVC Paste Resin in Anti-Dumping Investigation and Sunset Review; Decision Against Assessee Remains Unchanged.
February 16, 2012 Case Laws Customs HC

Appellant Challenges Excess Customs Duty Collection; Case Sent for Reconsideration u/s 17(5.
February 16, 2012 Case Laws Central Excise AT

Show cause notice against legal heir of deceased sole proprietor ruled unsustainable.
February 16, 2012 Case Laws Central Excise AT

UPS System Valuation Must Include Bought-Out Battery Costs for Central Excise, Court Rules Consistent with Case Law.
February 16, 2012 Case Laws VAT and Sales Tax HC

High Court Upholds Commissioner's Classification of "Resin Coated Sand" under Residuary Clause of KVAT Tax Regulations.
February 16, 2012 Case Laws Income Tax HC

Applying Correct Arm's Length Price Under DTAA Prevents Additional Tax for Foreign Enterprises, Ensures Fair Taxation.
February 16, 2012 Case Laws Income Tax AT

Section 80-IB(11) Interpretation: Cold Storage Deductions Require Both Transport and Storage; Exemption Granted Despite Ruling.

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