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Highlights / Annotations / Catch Notes For March of 2016

Home Highlights March March 2016 Year 2016

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Showing 51 to 100 of 657 Records

123 4 5 6........ 14

March 29, 2016 Case Laws Central Excise

Suo moto availement of credit of duty - excess paid duty adjusted against short paid duty - Cause of action started from the date when the differential duty paid by the.....
March 29, 2016 Case Laws Central Excise

Recovery of cenvat credit - There is no need to maintain separate records for returned goods. The appropriate duty has been paid when the returned goods were cleared. - AT
March 29, 2016 Case Laws Central Excise

Surrender of Central Excise Registration - Even, if it is assumed that appellant's registration should not be cancelled, in such case new registration to any other......
March 29, 2016 Case Laws Customs

If the petitioner has misused his IEC, it is the matter for that Authority to consider the issue. The Customs Authority may bring it to the notice of that Authority......
March 29, 2016 Case Laws Customs

Sustainability of enhancement of value done under Rule 5 of the Customs Valuation Rules, 1988 - no evidence led by the Revenue to counter the values declared by the......
March 29, 2016 Case Laws Customs

Invokation of extended period of limitation - It is well settled that when at the level of Tribunal there was difference of opinion regarding includibility of the......
March 29, 2016 Case Laws Indian Laws

The nomenclature Chief Metropolitan Magistrate referred to in Section 14 is inclusive of Chief Judicial Magistrate in non- metropolitan area and as such the Chief......
March 29, 2016 Case Laws Income Tax

Revision u/s 264 in favor of assessee - Commissioner has rejected the revision petition u/s 264 on the ground of that the Petitioner did not comply with the mandatory......
March 29, 2016 Case Laws Income Tax

Entitlement to the benefit u/s 10(22A) - whether private limited company cannot come within the purview of the word "Institution", used in section 10(22A)? - When the......
March 29, 2016 Case Laws Income Tax

Deemed dividend u/s.2(22)(e) - assessee could not justify that the advance given by the company to the assessee is for business purposes. - additions confirmed - AT
March 29, 2016 Case Laws Income Tax

Reimbursement of bank guarantee commission - TDS u/s.194A @10% OR u/s.194C @2% - revision u/s 263 - bank guarantee commission does not come under the purview of interest....
March 29, 2016 Case Laws Income Tax

Registration under section 12AA denied - assessee is not carrying on the charitable activity of imparting education, but is only holding education summits to facilitate.....
March 29, 2016 Case Laws Income Tax

Transfer pricing adjustment - determination of ALP - merely because the assessee-company incurred more expenditure on AMP compared to the expenditure incurred by......
March 29, 2016 Case Laws Income Tax

Powers of CIT(A) u/s 251 - enhancement of income - whenever question of taxability of income from new source of income is concerned, which has not been considered by the....
March 28, 2016 Case Laws Service Tax

Transport of passengers on domestic routes through its helicopters - the contracts were invariably between the appellant and the charter parties who hired appellant’s......
March 28, 2016 Case Laws Service Tax

Eligibility for refund of accumulated CENVAT credit - Rule 5 of CCR - there was no taxability of any service provided by respondent prior to registration. Accordingly,......
March 28, 2016 Case Laws Service Tax

Club or association service - without ascertainment of the receipts as quid pro quo for an identified service, demand of tax on amount transferred from an individual to....
March 28, 2016 Case Laws Service Tax

Demand of Service tax - the terms of the contract being very clear as an indivisible one, vivisection for the purpose of levying service tax on ‘erection, installation.....
March 28, 2016 Case Laws Central Excise

SSI Exemption - Clubbing of clearance value of the proprietaryship firm with the private limited company -, it is evident from the records that there was no......
March 28, 2016 Case Laws Central Excise

Refund claim - Once the input credit is legally taken and utilized on the dutiable final product, it need not be reversed on the final product being exempted......
March 28, 2016 Case Laws Customs

Rejection of refund of amount paid under protest - Unjust Enrichment though the imported goods were used for the manufacturing of fertilizers - the incidence of duty......
March 28, 2016 Case Laws Customs

Seeking conversion of free shipping bills to Drawback shipping bills - a power given by Sec 149 of the Customs Act 1962 to the officers under a statute can not be......
March 28, 2016 Case Laws Customs

Under-valuation - if the adjudicating authority has to come to such a conclusion, there has to be a findings that the appellant importer had paid additional amount to......
March 28, 2016 Case Laws Customs

Valuation - inclusion of royalty paid to parent concern - agreement does not talk about or restrict the appellant to purchase or procure raw materials only from the......
March 28, 2016 Case Laws VAT and Sales Tax

Allowability of refund/adjustment of CST with interest - the assessee is clearly entitled either to the refund of the said tax paid by it under a mistake of law and......
March 28, 2016 Case Laws VAT and Sales Tax

Adequate rebut of Legal presumption - Deemed sale drawn by the authorities under Section 46(15)(d) of the AGST Act - the authorities have failed to discharge the obligation - HC
March 28, 2016 Case Laws Income Tax

Disallowance being 1/10th Global Depository Receipts - whether the GDR is nothing but increase in the capital and expenses relating to the same is capital in nature? -......
March 28, 2016 Case Laws Income Tax

Interest accruing on FDRs treated as income from other sources - since the assessee is not having any other source of income de horse this business undertaking which......
March 28, 2016 Case Laws Income Tax

Reopening of assessment - receipt of accomadation enteries - without forming a prima facie opinion, on the basis of such material that income has escaped assessment the.....
March 28, 2016 Case Laws Income Tax

Penalty levied u/s 271(1)(c) - excess claim of deduction u/s 35(2) - the assessee has made a bonafide legal claim which cannot be said to be fallacious or flippant and......
March 28, 2016 Case Laws Income Tax

Validity of notice u/s 143(2) - no notice u/w 143(2) was served upon the assessee which a mandatory conditions - impugned assessment order dated 28.12.2011 is quashed......
March 28, 2016 Case Laws Income Tax

Disallowance of Depreciation by reducing Written down value of assets by subsidy received - incentive received by the assessee is not covered under the provisions of......
March 28, 2016 Case Laws Income Tax

Levy of interest u/s. 234B and 234C - MAT - after 07.1.2011 position became very clear that the assessees to be taxed u/s. 115 JB would also have to pay advance tax - ......
March 26, 2016 Circulars Income Tax

Correction of statement cum challan relating to TDS on sale of property u/s 194IA - CPC-TDS has enabled functionality for online correction in form 26QB from 29/02/2016.
March 26, 2016 Case Laws Service Tax

Liability of Service tax - Rendering of Business auxiliary service - for reasonableness of doubt that individuals may not be 'commercial concerns', section 80 of......
March 26, 2016 Case Laws Service Tax

Demand of Service tax at the rate of 6%/8% of the value of exempted goods - As per Sub-Rule (3A) of Rule 6(3), the Cenvat Credit required to be reversed is as per the......
March 26, 2016 Case Laws Service Tax

Cenvat credit - Appellant constructed various malls and rented the same to various parties and discharge of service tax on rent received. Also availed the Cenvat Credit.....
March 26, 2016 Case Laws Service Tax

Waiver of penalty imposed under Section 76 of the Finance Act, 1994 - appellant have discharged the entire service tax along with interest prior to issuance of show......
March 26, 2016 Case Laws Service Tax

Imposition of penalties under Section 78 & 77(1a) and 77(2) of the Finance Act, 1994 - Taxable services of 'Erection, Commissioning or Installation' service received......
March 26, 2016 Case Laws Central Excise

Validity of order against the dead person - once the factum of death of the sole proprietor has come to the knowledge of the learned Commissioner, the learned......
March 26, 2016 Case Laws Central Excise

100% EOU - though dross and skimming do arise during the process of manufacture but these are not manufactured products. An article is not exigible to tax only because.....
March 26, 2016 Case Laws Customs

Classification - Used damaged cut rails for melting (melting scrap) - to be classified under CTH 72.04 denying benefit of exemption benefit under Notification No.12/2012....
March 26, 2016 Case Laws Customs

Demand of Safeguard duty - thickness of Aluminium foils - It is to be noted that the samples were re-tested twice with a request and concurrence of the assessee in......
March 26, 2016 Case Laws VAT and Sales Tax

Determination of classification and rate of tax - Deciding the higher rate of tax at the instance of a new manufacturer, who is exempted from tax to make the Ruling......
March 26, 2016 Case Laws Income Tax

TDS u/s 194I - whether the tour operators/travel agents were required to deduct TDS under Section 194-I of the Act while making payments to the hotels on behalf of......
March 26, 2016 Case Laws Income Tax

Exemption u/s 13A - ITAT was justified in denying exemption to the INC under Section 13A of the Act and refusing to condone the delay that had occurred in the audit of......
March 26, 2016 Case Laws Income Tax

Exemption u/s 13A - As long as a political party continues to avail the exemption from payment of income tax, there can be no excuse for not maintaining its account......
March 26, 2016 Case Laws Income Tax

Entitlement to claim carry forward loss - delay in filing the return - when the petitioner as a litigant is entitled to claim carry forward loss, mere delay should not.....
March 26, 2016 Case Laws Income Tax

Minimum Alter Tax (MAT) - Forfeiture of share warrants being a capital receipt - adjustment need to be made to the disclosures made in the notes on accounts forming......
March 26, 2016 Case Laws Income Tax

Disallowance of excess depreciation claimed on Iris Cameras - Iris camera without the aid of software is obsolete and it cannot be used in the normal course of business.....

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