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Highlights / Annotations / Catch Notes For March of 2014

Home Highlights March March 2014 Year 2014

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Showing 301 to 350 of 467 Records

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March 11, 2014 Case Laws Central Excise

100% EOU - Clearance of Capital goods to another EOU - appellant has not produced the original copy of the re-warehousing certificate -stay granted - AT
March 11, 2014 Case Laws Central Excise

Cenvat Credit - Job Work - no reason for not permitting the appellant to clear the finished goods manufactured at the job worker’s premises under the provisions of Rule....
March 11, 2014 Case Laws Central Excise

Exemption from declaring MRP on Cement Bags - It cannot be said that the depot of the manufacturer is a different entity and therefore the appellant is not eligible for....
March 11, 2014 Case Laws Service Tax

Taxability of Reimbursement of the expenses on advertisement and road show being organized recovered from the supplier of goods - they will be treated as having provided....
March 11, 2014 Case Laws Service Tax

Short-payment of service tax on the basis of difference between the gross taxable value shown in the ST-3 Returns and receipts shown in the Balance Sheet - stay granted partly - AT
March 11, 2014 Case Laws Service Tax

GTA or C&F Agent - Initial service of temporary storage of the vehicles at or near railway sidings, which is eventually for a few days subject to availability of the......
March 11, 2014 Case Laws Customs

Without completing the enquiry, the charges against CHA could not be confirmed - his licence has been suspended for a period of more than 10 months or so - there is no......
March 11, 2014 Case Laws Indian Laws

Complain under Consumer Protection Act, 1986 - Mere existence of an arbitration agreement, assuming there is one between the petitioner and respondent No. 2, would not......
March 11, 2014 Case Laws Income Tax

Non-inclusion of demurrage charges – Valuation of closing stock – determination of correct profit would require proper valuation of inventories, both as at the......
March 11, 2014 Case Laws Income Tax

Addition u/s 68 - proper action is required to be taken in the hands of the persons in whose accounts the credit is appearing instead of invoking the provisions of......
March 11, 2014 Case Laws Income Tax

Loss from derivative transactions - Section 43(5) has no application to FIIs in respect of “securities” as defined in Explanation to sec. 115AD, income from whose......
March 11, 2014 Case Laws Income Tax

Once inclusion of income from the transfer of securities is held to be falling only under the head “Capital gains“, it cannot be considered as `Business income”, whether....
March 11, 2014 Case Laws Income Tax

Reduction in commission paid to family members - the payment of commission has been made merely to reduce the taxable income and not for the purpose of business of the......
March 11, 2014 Case Laws Income Tax

Valuation of cost of acquisition of FSI and TDR – mere granting permission to allow the use of FSI/ TDR did not involve payment of any amount - provisions of section 48.....
March 11, 2014 Case Laws Income Tax

Gross receipts having exceeded the stipulated monitory limit provided in the second proviso to section 2(15), the assessee is not entitled to claim exemption in this......
March 11, 2014 Case Laws VAT and Sales Tax

Local sale or Inter state sale - movement of goods outside the state but delivery of goods in the same state i.e. Chenna - no material to show that the movement of......
March 10, 2014 Case Laws Income Tax

Deemed dividend - an assessee who is not a shareholder of the company, from which it received a loan or an advance cannot be treated as being covered by the definition......
March 10, 2014 Case Laws Income Tax

Genuineness of expenses incurred on supports event - If such expenditure is not allowed, it may amount to taxing the gross receipts of the assessee and not the income,.....
March 10, 2014 Case Laws Income Tax

Taxability of interest income from investment in Portfolio Management Scheme under which the banks gave an assured earning guarantee. - interest income cannot be......
March 10, 2014 Case Laws Indian Laws

Territorial Jurisdiction of HC - “Cause of action“, for the purpose of Article 226(2) of the Constitution of India, for all intent and purport, must be assigned the same....
March 10, 2014 Case Laws Customs

Merely, because the appellant had initially made a claim for exemption from duty based on the documents available, it cannot be said that the appellant had misdeclared the goods - AT
March 10, 2014 Case Laws Customs

Redemption Fine and penalty - import of Boric acid under DFIA scheme - non-insecticidal purpose - appellant are not required to obtain any permission from the Ministry......
March 10, 2014 Case Laws Service Tax

Sale of Space or Time for Advertisement Service - Since the appellant herein is a Municipal Corporation and it is difficult to attribute intention to evade tax on the......
March 10, 2014 Case Laws Service Tax

Cargo Handling Service - Composite services of shifting/transportation of materials - GTA Services - loading and unloading is ancillary to the main activity - prima......
March 10, 2014 Case Laws Service Tax

Levy of Service Tax on Chit Business - Scope of the term “services“ - section 65B(44) - Negative list - transaction in money - SC dismissed the appeal against the......
March 10, 2014 Case Laws Central Excise

Education Cess - Sugar cess levied under Sugar Cess Act, 1982 was not a duty of excise for the purpose of levy of Education Cess - AT
March 10, 2014 Case Laws Central Excise

End use based exemption - Notification No. 10/97-C.E. - appellant has produced the required certificates to the effect that the goods in question are accessories and......
March 10, 2014 Case Laws Central Excise

Penalty u/s 11AC - there is no rigorous against the appellant when “intention” and “evasion” are companion of each other to speak for themselves as to their association....
March 10, 2014 Case Laws Central Excise

Extension of stay already granted - Tribunal has power to extend stay after specified period - even after insertion of third proviso of sub-section (2A) of Section 35C.....
March 10, 2014 Case Laws Central Excise

Denial of CENVAT Credit - there was no intention of the appellant to avail inadmissible, credit. Therefore penalty under Section 11AC is not warranted. - AT
March 10, 2014 Case Laws Income Tax

LTCG - When time is essence of the contract, and the time schedule is not adhered to, it cannot be said that such a contract confers any rights on the vendor/landlord to....
March 10, 2014 Case Laws Income Tax

Interest u/s 244A of the Act - merely there is a delay in payment of the refund, the assessee is entitled to interest as per the provisions u/s 244A and not interest on interest - AT
March 10, 2014 Case Laws Income Tax

The capital gain, though arising in the year of conversion/treatment as stock-in-trade, so that the same is to be computed applying the fair market value on the date of.....
March 10, 2014 Case Laws VAT and Sales Tax

Levy of Sales tax or Service Tax - Transfer of the right to use the equipments - Even though the possession of the equipments was with O.N.G.C., they had been operated......
March 8, 2014 Case Laws Central Excise

Availment of suo moto credit - Payment by making cash payment in PLA under reverse charge - early ST was paid using cenvat credit - credit allowed - AT
March 8, 2014 Case Laws Central Excise

Continuance of proceedings after death or adjudication as an insolvent of a party to the appeal or application - company under liquidation - appeal abated in terms of......
March 8, 2014 Case Laws Central Excise

Dutiability of 'sugar syrup', an intermediate product manufactured and captively consumed by the applicants in the manufacture of their final product - stay granted partly. - AT
March 8, 2014 Case Laws Service Tax

Notification No. 8/2005-ST provides that in the case of service undertaken by way of job-work and the goods are returned to the original supplier for further......
March 8, 2014 Case Laws Service Tax

Demand of service tax without calculating tax liability under various services - it is bounden duty of the adjudicating authority to come to a conclusion as to exact......
March 8, 2014 Case Laws Service Tax

For the period prior to Budget 2004, the activity undertaken by the respondents cannot be classified as ‘Consulting Engineer’s Service’ especially when ‘Survey and......
March 8, 2014 Case Laws Service Tax

Classification of service - supply of know-how by way of patents, trade secrets, processes, etc. - s not exigible to service tax under the category of ‘Consulting......
March 8, 2014 Case Laws Customs

Redemption fine and penalty - since the goods under export having been proved to be basmati rice, the charges of mis-declaration of goods under export, which was the......
March 8, 2014 Case Laws Income Tax

Computation of LTCG - fair market value as on 1.4.1981 - When there is no material available on record, which could clearly establish the FMV of the land, in that......
March 8, 2014 Case Laws Income Tax

Depreciation - Once the boiler was already used, it cannot be said that it was not ready for use - Passive use of the boiler, argument by the assessee has to be accepted - AT
March 8, 2014 Case Laws Income Tax

Penalty – Second notice issued u/s 158BFA(2) does not confer any power to Revenue to Denovo penalty proceedings against the assessee - The statutory time limit cannot be....
March 8, 2014 Case Laws Income Tax

Claim of exemption u/s 11 - AO’s observations that assessee changed the memorandum of association so that fresh registration is required does not hold good where the......
March 8, 2014 Case Laws Income Tax

Disallowance of the claim of depreciation on fixed assets ‘Land’, taken on lease from OMC on the ground that the rate of depreciation so claimed is lower than the......
March 8, 2014 Case Laws Income Tax

Disallowance of contribution afforastation funds - Amount paid to the DFO for mining operation – Hlaim of the assessee to allow the same as revenue expenditure - AT
March 7, 2014 Case Laws Central Excise

Manufacture of goods out of plastic material imported being Cellulose Acetate Non Plasticised Powder Granules (Job Lot - Sweepings) - Notification No.4/2006-CE - stay......
March 7, 2014 Case Laws Central Excise

Cenvat Credit - Job Work under Rule 4(5)(a) of Cenvat Credit Rules, 2004 - Job worker paid the duty - Appellant took the Cenvat Credit of the duty paid by the job......

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