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Highlights / Annotations / Catch Notes For February

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February 9, 2012 Case Laws Central Excise HC

Supreme Court Grants Waiver on Pre-Deposit for Excise Duty on Jute Carpets, Overruling Tribunal's Interpretation of Rule 3.
February 9, 2012 Case Laws Central Excise AT

Cenvat Credit Not Demanded on Inputs or Capital Goods if Ownership Changes Without Removing Goods from Facility.
February 8, 2012 Notifications Customs

Common Adjudicating Authority Appointed for Customs Matters to Enhance Efficiency and Consistency in Decision-Making.
February 8, 2012 Notifications Customs

Customs Exemption Expanded for Defense Imports Under Notification No. 05/2012-Customs, Covering Key Defense Programs and Agencies.
February 8, 2012 Notifications Customs

Corrigendum Amends Notification 14/2010 for Clarity in Customs Regulations and Duties Compliance.
February 8, 2012 Circulars Service Tax

Clarification on "Gross Amount" Calculation in Works Contract Composition Scheme for Service Tax Under 2007 Rules.
February 8, 2012 Case Laws Income Tax AT

Charitable Trust Charging Nominal Fees Retains Tax Exemption u/s 80G Unless Withdrawn.
February 8, 2012 Case Laws Income Tax AT

Annual Letting Value of Vacant Property is Nil if No Rent Received: Income Tax Act, Section 23(1)(c).
February 8, 2012 Case Laws Income Tax AT

Consultancy Fees to IRDA-Registered Individuals Fall u/s 194J; Non-IRDA Commissions Fall u/s 194D.
February 8, 2012 Case Laws Income Tax AT

Court Affirms Income Inclusion in Book Profit for MAT; Assessee Fails to Prove Exclusion Under Companies Act Schedule VI.
February 8, 2012 Case Laws Income Tax HC

Uncashed cheques of Rs 1,97,758 not deductible u/s 41(1) of the Income Tax Act.
February 8, 2012 Case Laws Income Tax HC

Court Rules No Principal-Agent Relationship in Dairy Company TDS Case u/s 194H Due to Lack of Control.
February 8, 2012 Case Laws Central Excise HC

Interest on Excise Refund Starts 3 Months After Application, Not Order Date, per Section 11BB Interpretation.
February 8, 2012 Case Laws VAT and Sales Tax SC

Physical Delivery of Goods Valid for Sales; Not Automatically Taxable Without Document Transfer Under VAT Act.
February 8, 2012 Case Laws Income Tax AT

Bank Guarantee Commission Not a "Commission" u/s 194H; No TDS or Interest u/s 201(1A.
February 8, 2012 Case Laws Income Tax AAR

Income Tax Act Section 9(1): Tax Only on Business Income From Operations Within India for Cross-Border Businesses.
February 8, 2012 Case Laws Income Tax AT

Applying Net Profit Rate Bars Further Additions in Profit and Loss Account: Stay Compliant with Financial Reporting Standards.
February 8, 2012 Case Laws Income Tax AT

Charitable Trust's 12AA Registration Denied: CIT Wrongly Used Post-Grant Events as Grounds for Rejection.
February 8, 2012 Case Laws Central Excise HC

Interest Must Be Paid on Late Service Tax Payments; Determination of No Interest Due is Incorrect.
February 8, 2012 Case Laws Income Tax HC

Section 194C: Differentiating Work Contracts from Product Sales with Foreign Material and Tax Implications for Assessees.
February 8, 2012 Case Laws Income Tax AT

Third-Party Benefits Don't Disqualify Deductible Business Expenses u/s 37(1) of Income Tax Act.
February 8, 2012 Case Laws Income Tax AT

Section 205: Protects employees from double taxation when TDS is deducted at source from their salary.
February 8, 2012 Case Laws Income Tax HC

Tax Order Revised for Misclassifying Dividend as Business Income u/s 72; Lacked Explanation, Violating Section 263.
February 8, 2012 Case Laws Income Tax AT

Non-residents exempt from Indian tax on income from purchasing goods for export, even with India-based offices.
February 8, 2012 Case Laws Service Tax AT

Transporting Employees to Factory Qualifies for CENVAT Credit as Input Service u/r 2(1) of Cenvat Credit Rules 2004.
February 8, 2012 Case Laws Service Tax AT

Abacus Training Exempt from Service Tax as Recreational Activity per Notification No. 9/2003-ST and 24/2004-ST.
February 8, 2012 Case Laws Service Tax AT

CENVAT Credit Approved for Service Tax on Windmill Input Services; Credit Used at Raigad Manufacturing Unit.
February 8, 2012 Case Laws Central Excise AT

Cenvat Credit Dispute: Timing of Availment on Capital Goods Deemed Irrelevant Despite Date Differences.
February 8, 2012 Case Laws Central Excise AT

Longer Limitation Period Not Justified Without Evidence of Malafide Intent in Undisclosed Higher Freight Charges.
February 8, 2012 Circulars FEMA

Simplified ECB Procedure Announced: Circular No. 75 Eases Foreign Borrowing Under FEMA for Eligible Entities.
February 8, 2012 Circulars DGFT

Amendment to Appendix 30 A: New Export Obligation Period Rules for Advance Authorization and DFIA Schemes.
February 7, 2012 Case Laws Income Tax AT

Discrepancies Between Book Balances and Bank Statements Not Treated as Unexplained Credits u/s 68 of Income Tax Act.
February 7, 2012 Case Laws Income Tax AT

Exploring Taxability of Cash Compensation: Capital vs. Revenue Receipts and Their Impact on Income Tax Obligations.
February 7, 2012 Case Laws Income Tax AT

Court Rules Depreciation on Windmills Installed by March 31, 2005, Must Be Allowed if Legal Conditions Are Met.
February 7, 2012 Case Laws Income Tax HC

Transport Vehicle Depreciation: Claim 100% for Cylinder Component; 40% for Vehicle. Case Laws Highlight Entitlement.
February 7, 2012 Case Laws Income Tax AT

Clarification on Set-Off of Indexed Long-Term Capital Losses Against Gains Under Income Tax Act Section 70(3).
February 7, 2012 Case Laws Income Tax AT

Section 269SS: Temporary Advances Exempt from Cash Loan Penalties Under Income Tax Act.
February 7, 2012 Case Laws Indian Laws HC

Nagar Parishad and Nagar Panchayat Cannot Legally Tax or Fee Advertisements on Private Shops, Buildings.
February 7, 2012 Case Laws Customs HC

High Court Orders Release of Detained Goods After Customs Misses Deadline for Notice u/s 124(a.
February 7, 2012 Case Laws Customs AT

Double Recovery of Duty Challenged: Lack of Show Cause Notice Invalidates Penalties Against Appellant.
February 7, 2012 Case Laws Service Tax AT

Distributor Role Clarified in Agreement: Key for Service Tax Obligations, Differentiating from Clearing & Forwarding Agent Duties.
February 7, 2012 Case Laws Service Tax HC

Tirumala Tirupati Devasthanams must pay service tax on accommodation services u/s 65(105)(zzzzw) of the Finance Act, 1994.
February 7, 2012 Case Laws Service Tax AT

Notification No. 01/2006-ST: Appellants Reverse Credit with Interest; Notification Confirmed Applicable to Their Case.
February 7, 2012 Case Laws Central Excise AT

Consolidated Invoices in Central Excise: Include Additional Charges in Assessable Value When Selling Above MRP for Tax Purposes.
February 7, 2012 Case Laws Income Tax HC

Section 263: Commissioner's powers don't make A.O.'s order erroneous despite lack of verification on share application money.
February 7, 2012 Case Laws Income Tax HC

Loans to Non-Shareholders Not Classified as Dividend u/s 2(22)(e) of Income Tax Act.
February 7, 2012 Case Laws Income Tax AT

Sale of Unlisted Securities in 2005 Not Eligible for Tax Exemption u/s 10(38) of Income Tax Act.
February 7, 2012 Case Laws Income Tax HC

Court Quashes Orders: Revenue Fails to Prove Accumulation Exceeds Limits u/s 10(23C), No Profit from Activities.
February 7, 2012 Case Laws Income Tax AT

Asset Sale Profits Must Be Included in Book Profit Calculation u/s 115JB for MAT, Despite Section 54EC Exemptions.
February 7, 2012 Case Laws Service Tax AT

Tax Evasion Allegations Dismissed Due to Legal Confusion; Only Normal Tax Demand Upheld, Penalties Waived u/s 80.

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