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Highlights / Annotations / Catch Notes For March of 2016

Home Highlights March March 2016 Year 2016

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Showing 101 to 150 of 657 Records

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March 26, 2016 Case Laws Income Tax

The order has been passed by the Learned AO by taking one of the possible views and hence the order cannot be termed as erroneous warranting initiation of revision......
March 26, 2016 Case Laws Income Tax

Penalty u/s 271(1)(c) - by disallowing 80% of the claim, the Assessing Officer has allowed 20% of expenditure attributable to earn the business income. - levy of......
March 26, 2016 Case Laws Income Tax

Penalty u/s 271E - Company has directly repaid the loan taken from Director to Bank - violation of section 269T - The assessee has demonstrated that under the compulsion....
March 26, 2016 Case Laws Income Tax

Non collection of TCS (tax collection at source) - main husk is a by-product and the same cannot be considered as scrap and waste as provided in the Explanation to......
March 26, 2016 Case Laws Income Tax

Non collection of TCS (tax collection at source) - DOC is a by-product and it certainly cannot be categorized as scrap and waste and it has its own market value - AO has....
March 25, 2016 Case Laws Service Tax

Liability of Service tax on TDS amount absorbed by the assessee on foreign remittance - Reverse charge - Service Tax liability needs to be discharged on amounts which......
March 25, 2016 Case Laws Service Tax

Sharing of resources and cost / expenses with the group companies - The activities carried out by the Appellant enables the Participating Group Companies to share the......
March 25, 2016 Case Laws Service Tax

Availment of Cenvat credit - Tax paid on services used in common for ‘output services' and trading - as the turnover has been the basis for apportionment, there is no......
March 25, 2016 Case Laws Service Tax

Related party transactions - associated enterprises - once debit entries were made even though provisional basis and subsequently final entries are made, it is only the.....
March 25, 2016 Case Laws Service Tax

Waiver of penalty - appellant-assessee suppressed the facts from the Revenue with an intention to evade payment of service tax and when when there are malafides proved.....
March 25, 2016 Case Laws Central Excise

Refund claim - pre-deposit - As soon as the order appropriating such fine was set aside, they became eligible to refund of the deposits made during the investigations -....
March 25, 2016 Case Laws Central Excise

Eligibility of CENVAT CREDIT - whether the courier bill of entry is a proper document for availing Cenvat Credit under the CENVAT Credit Rules, 2004? - Held Yes - AT
March 25, 2016 Case Laws Central Excise

Cenvat credit on input services used for both excisable goods as well goods chargeable to nil rate of duty - no option under Rule 6 (3) can be imposed on the appellant......
March 25, 2016 Case Laws Central Excise

Evasion of duty -, the goods were cleared without issuing proper invoices and therefore it cannot be said that the price charged included central excise duty. In their......
March 25, 2016 Case Laws Central Excise

Cenvat Credit allowability on the inputs used in the manufacture of exempted goods or non dutiable goods - Cenvat Credit on the inputs used in the process which does......
March 25, 2016 Case Laws Central Excise

Assessable value - whether inspection charges with respect to a specific inspection of the buyer is required to be added to the assessable value? - pre-delivery......
March 25, 2016 Case Laws Customs

Restoration of appeal - Dismissal of appeal for non-compliance and also for non-appearance exparte, should not deprive the parties to contest the order on merits when......
March 25, 2016 Case Laws Customs

Conversion of Free Shipping Bills into Export Promotion Scheme/DEEC Shipping Bills -when the fault lies with the EDI system of the Customs, the request of the appellant.....
March 25, 2016 Case Laws Customs

Undervaluation of goods - The goods were examined, assessed and cleared by Customs and were no longer available for re-examination. It is trite to say that if the......
March 25, 2016 Case Laws Customs

Entitlement for Custom duty drawback - Finished goods were removed under bond without payment of duties - Petitioners have availed of the benefits under Rule 19(2) ibid,....
March 25, 2016 Case Laws Customs

Classification of importers of poppy seeds - cap on import of poppy seeds - It could be seen that even an importer, who continuously imports for a period of two years,......
March 25, 2016 Case Laws Income Tax

Amounts received from Indian associated enterprises - whether were in the form of interest or discounting charges? - The true nature of transaction cannot alter merely......
March 25, 2016 Case Laws Income Tax

Disallowance u/s 40A - CIT(Appeals) restricted the rate of interest to 15% as against 18% claimed by the assessee - In the case of market loans, no security is given......
March 25, 2016 Case Laws Income Tax

Exemption from long term capital gain u/s 54B and 54F - where an appellant satisfies the first condition prescribed under section 54B(1) and at the same time, neither......
March 25, 2016 Case Laws Income Tax

Disallowance of depreciation - Addition towards Film Software Library as the same is not intangible asset and it is to be treated as Plant & Machinery - depreciation @......
March 25, 2016 Case Laws Income Tax

Penalty under section 271C - failure to deduct tax on payment made on account of salary - No contumacious conduct can therefore be attributed to the assessee - No penalty - AT
March 25, 2016 Case Laws Income Tax

TDS u/s 195 - disallowance under section 40(a)(i) on account of any retrospective amendment - It is a trite legal maxim. “lex non cogit ad impossiblia” which means that,....
March 24, 2016 Case Laws Income Tax

Eligibility of exemption u/s Sec.10(23C)(vi) - the petitioner had multiple objectives and therefore, did not exist solely for educational purpose - assessee does not......
March 24, 2016 Case Laws Income Tax

TDS on the enhanced amount compensation - TDS is only liable to be deducted on the enhanced amount and not on interest. - HC
March 24, 2016 Case Laws Income Tax

Disallowance u/s 43B rw.s. 37(1) - the liability to pay the premium to BMC on transfer of lease-hold rights of the land owned by the BMC in favour of purchaser/assignees....
March 24, 2016 Case Laws Income Tax

Sale of software as part of machinery - amount of sales consideration received by the assessee on account of sale of machine along with it operating software would not......
March 24, 2016 Case Laws Income Tax

MAT - the profit on sale of the land has to be treated as agricultural income. Therefore, if any such income is credited to the Profit & Loss account, the same has to......
March 24, 2016 Case Laws Income Tax

The capital gains computed upto the date of conversion of land into stock-in-trade has to be set off against the business loss computed on sale of the stock-in-trade - AT
March 23, 2016 Case Laws Central Excise

Remission of Central Excise duty - they had not given any specific intimation to the Dept. the time and date of the proposed destruction. Removal of goods from Bonded......
March 23, 2016 Case Laws Central Excise

Manufacture - complete food tray as served to the passengers on board the aircraft - Out of Food preparations as contained in the food tray served to the passengers on......
March 23, 2016 Case Laws Customs

Refund claim of SAD paid - unjust enrichment - In the revised balance sheet the amount of refund claim is indicated as "amount receivable" which indicates that the......
March 23, 2016 Case Laws Customs

Validity of show cause notice - Issued with pre-judged mind - When the first respondent had issued the show cause notices with pre-judged mind, there is no purpose in......
March 23, 2016 Case Laws VAT and Sales Tax

Collected of cheque at the time of inspection - no dealer would be coerced by the officers of the DT&T to make payment of any amount either towards alleged tax dues or.....
March 23, 2016 Case Laws Indian Laws

Having invoked a constitutional remedy before the High Court under Article 226 of the Constitution of India, the petitioner cannot, under Law, file another petition......
March 23, 2016 Case Laws Indian Laws

Offence punishable under section 138 and 142 of the Negotiable Instruments Act, 1881 - Whatever defence has been taken by the accused respondents as pointed out by the......
March 22, 2016 Case Laws Income Tax

Attachment of bank account - any action to recover taxes adopting coercive means is not permissible till the petitioner's application for stay under Section 220(6) of......
March 22, 2016 Case Laws Income Tax

Reopening of assessment - AO has no power to review; he has the power to re-assess. But re-assessment has to be based on fulfillment of certain pre-condition and if the.....
March 22, 2016 Case Laws Income Tax

Carry forward of excess application of income over the income - Unfortunately, the details of such income and application of income in the earlier year is not available.....
March 22, 2016 Case Laws Income Tax

Levy of penalty u/s 272A(2)(k) - assessee could not upload the quarterly statement in respect of the tax deducted at source - in respect of those deductees whose PAN is.....
March 22, 2016 Case Laws Income Tax

Tds u/s 194C - non deduction of tds on hamali charges paid to daily labourers employed by the assessee -Just because the payments are made through the mestri, the A.O.......
March 22, 2016 Case Laws Income Tax

Revision u/s 263 - section 292BB of the Act can be made applicable only for assessment or reassessment proceedings and the same cannot be made applicable for revisional.....
March 22, 2016 Case Laws Income Tax

Transfer pricing adjustment - Berry ratio selected as most appropriate method for determining the ALP - since the assessee had incurred abnormal expenses for specific......
March 22, 2016 Case Laws Service Tax

Cenvat credit - service tax paid by the sub-broker - there is no evidence to elevate such suspicion to a level to come to an inference that the higher commission (than.....
March 22, 2016 Case Laws Service Tax

CENVAT Credit - eligibility of input services - By denying credit on all the input services, it seems to appear that the appellants has not availed any input service for....
March 22, 2016 Case Laws Service Tax

Cenvat Credit wrongly taken for the period April 2009 to November 2009 - Sometimes such unintentional mis-happenings / mistakes do take place for which the appellant is....

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