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Highlights / Annotations / Catch Notes For March of 2017

Home Highlights March March 2017 Year 2017

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Showing 501 to 550 of 608 Records

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March 7, 2017 Case Laws Income Tax

Sec. 292BB can cure only were a notice is claimed by a assessee not to have been served on him or served on him out of time or served in an improper manner. It cannot......
March 7, 2017 Case Laws Income Tax

Penalty levied u/s 271C - transaction between the assessee and M/s. MMTC is on principal to principal basis and hence the assessee is not liable to deduct TDS u/s......
March 7, 2017 Case Laws Income Tax

The stock of levy sugar could not have been valued at free sale sugar price in view of the fact that there was a legal obligation on the assessee to supply the such......
March 7, 2017 Case Laws Income Tax

Addition u/s 41 - creditor was in dispute - When the matter is in dispute and sub-judice assessee cannot be expected to get a confirmation from the creditor - No addition - AT
March 7, 2017 Case Laws Income Tax

Assessee offered capital gain from Sale of land and not from building - joint property - assessee submitted that he is the owner of the land and not of the building. The....
March 6, 2017 Case Laws Service Tax

CENVAT credit - input services - Legal services - Chartered Accountant services - Cenvat credit cannot be denied on the ground of nexus - AT
March 6, 2017 Case Laws Service Tax

Extended period of limitation - That an Explanation had to be inserted in 2010 in the charging provision of section 65 (105) makes it apparent that confusion about the......
March 6, 2017 Case Laws Service Tax

Interest liability - merely because the credit is available in the books of account does not mean that the tax has been paid. Therefore, the liability to pay interest......
March 6, 2017 Case Laws Service Tax

100% EOU - Refund of cenvat credit - The rent paid for car parking as well as the maintenance charges paid for the premises is part and parcel of the rent agreement,......
March 6, 2017 Case Laws Service Tax

CENVAT credit - construction of residential quarters for the employees of the respondent company - input service or not? - the period involved is prior to 01/04/2011......
March 6, 2017 Case Laws Service Tax

Refund - CENVAT credit in respect of service tax paid by the appellant to the sub-contractor makes the appellant eligible to claim that as a refund, if otherwise not......
March 6, 2017 Case Laws Service Tax

Levy of penalty - The service tax collected if not deposited with the government automatically leads to an inference that there was an intention on the part of the......
March 6, 2017 Case Laws Central Excise

Refund - There is no concept of not passing on the duty to the ultimate consumer and as such, as the buyers have been passed on the benefit of reduction of duty, the......
March 6, 2017 Case Laws Central Excise

Classification - Chenille fabric or Cotton fabric - Clearly, Section Note 2 (A) of the Section XI is not applicable to Tariff Heading 5801 - It cannot be classified as......
March 6, 2017 Case Laws Central Excise

Valuation - special packing used for ‘physician samples - costs must be computed of the sample including the special packaging cost for computing assessable value - this....
March 6, 2017 Case Laws Central Excise

The appellant has reversed the credit taken on inputs used in production of goods cleared under end-use exemption notification - rule 6(3) is not applicable to appellant - AT
March 6, 2017 Case Laws Customs

SEZ unit - Levy of penalty for violating LoA - While pendant is termed as a piece of jewellery that hangs from a necklace chain, medallion is also termed as a piece of......
March 6, 2017 Case Laws Customs

Cancellation of Advance licence - fulfilment of export obligation - The RBI has clarified that the ‘transaction in question pertains to exports from India against......
March 6, 2017 Case Laws Customs

Refund of SAD - what is manufactured and sold by the appellant is "Proflex Roof" and on such "Proflex Roof" VAT is paid. Therefore, it cannot be said the assessee has......
March 6, 2017 Case Laws VAT and Sales Tax

Section 6A of CST Act, 1956 is a procedural provision, the submission that amendment in Section 6A of the CST Act creates an irrebutable presumption of “sale” in absence....
March 6, 2017 Case Laws VAT and Sales Tax

Release of seized goods - goods were being transported with a valid Transit Declaration Form (TDF) - invoices mentioned Tin numbers, which were found to be non-existent.....
March 6, 2017 Case Laws VAT and Sales Tax

Inter State sale or not? - The goods were of specific quality and description for being used in the works contract awarded on turnkey basis to the assessee and there was....
March 6, 2017 Case Laws Income Tax

MAT - the retention money cannot be regarded as income even for the purpose of book profits u/s.115JB of the Act though credited in the profit and loss account and have.....
March 6, 2017 Case Laws Income Tax

Addition u/s 68 - addition as share capital receiver from shell/paper company - assessee miserably failed to bring any strong evidence to justify its plea of genuineness....
March 6, 2017 Case Laws Income Tax

AO being an investigator and adjudicator, when coming to an adverse finding against the assessee, was required to record such finding adequately as duly supported by......
March 6, 2017 Case Laws Income Tax

Assessee has rightly claimed short term capital loss which is eligible to be set off against long term capital gain and the impugned transaction is neither “sham” nor......
March 6, 2017 Case Laws Income Tax

TDS u/s 194I - non deduction of TDS - compensation paid for the use of the building / premises / place of the members for construction activities - it would be highly......
March 6, 2017 Case Laws Income Tax

Expenditure of software stock and maintenance charges is required to be treated and / or considered as revenue expenditure and not as capital expenditure - HC
March 6, 2017 Case Laws Income Tax

Addition as unexplained cash credit u/s 68 - addition on the basis of a witness who examined at the back of the assessee - genuineness of the purchases - Revenue cannot.....
March 6, 2017 Case Laws Income Tax

Disallowance u/s 40A(3) - payments made in cash to land owners - expenses were incurred in the villages to develop the land, where there is no banking facilities - claim....
March 5, 2017 News GST

Goods and Services Tax GST) Council approves the Central Goods and Services Tax (CGST) Bill and the Integrated Goods and Services Tax (IGST) Bill
March 4, 2017 Case Laws Service Tax

Scope of SCN - SCN proposed demand of Service tax under the category of 'cargo handling services', however, first appellate authority without prior notice to the......
March 4, 2017 Case Laws Service Tax

Classification of taxable services - When 99% of the commission is towards underwriting services, remaining 1% commission will not determine the essential nature of......
March 4, 2017 Case Laws Service Tax

Extended Period of Limitation - commercial or industrial construction service / works contract service - the matter is resolved only by the decision of Hon'ble Supreme......
March 4, 2017 Case Laws Service Tax

Commercial training or coaching service - deduction in respect of study materials - Procurement of Various goods and materials and their cost being reflected in the......
March 4, 2017 Case Laws Service Tax

Valuation of taxable services - deduction of cost of material as 80% based on contract - Notification 12/2003-ST dated 20.06.2003 - Benefit of exemption allowed - AT
March 4, 2017 Case Laws Central Excise

CENVAT credit - Aluminium Sheets, Flush Partition, Flush Door, Ceiling etc - since the goods in question does not qualify either as input or capital goods the cenvat......
March 4, 2017 Case Laws Central Excise

CENVAT credit - photo copy of courier Bill of Entry - bill of entry in case of courier is filed consolidated in respect of various importers, if that is so then it is......
March 4, 2017 Case Laws Central Excise

CENVAT credit - shortage of input - merely for smaller quantity found short by the internal auditor and reported in 3CD report, credit cannot be denied - AT
March 4, 2017 Case Laws Customs

Revocation of CHA licence - right to prefer an appeal to the Tribunal under Sec. 129A of the Customs Act, 1962 against an order passed under Regulation 21 or 23 is......
March 4, 2017 Case Laws Customs

Incorrect import manifest - There is no doubt that goods have been unloaded, whether inadvertently or otherwise, but there is no allegation that these were not......
March 4, 2017 Case Laws VAT and Sales Tax

Input Tax credit - denial on the ground that the transactions were reflected in retail invoices and not tax invoices and, therefore, did not qualify for credit - the......
March 4, 2017 Case Laws VAT and Sales Tax

When the constitutional validity of a subordinate legislation is challenged which infringes the rights of the citizen of trade in the sale of liquor, it is not possible.....
March 4, 2017 Case Laws Income Tax

Deduction of expenditure incurred in earning income u/s 56 - assessee is a Thrift and Credit Society - the source is inextricable to the nature of the expenditure -......
March 4, 2017 Case Laws Income Tax

Eligibility of exemption u/s 54G - deposit of unutilized capital gain that was deposited in a specified account as laid down in Sec.54G(2) on 30.3.2010 by the Assessee -....
March 4, 2017 Case Laws Income Tax

Prior period expenditure - Contribution to superannuation fund - the contribution cannot be considered as prior period expenses in view of the specific provision of......
March 4, 2017 Case Laws Income Tax

Tds U/S 195 - Grant of license - The amount paid by the appellant to NPL is not in the nature of royalty within the meaning of the DTAA between India - Admittedly NPL......
March 4, 2017 Case Laws Income Tax

Claim of deduction due to loss of Cash in the fire in July 2010 - The entry relating to the loss of cash having been made in the books of account of the assessee only on....
March 4, 2017 Case Laws Income Tax

Rental income - there is no justification of allowing expenses against the house property income other than that provided as deduction under the scheme of computation of....
March 4, 2017 Case Laws Income Tax

Revision u/s 263 - The absence of the word “erroneous order” is not very fatal as reading of the entire order of the CIT would go to show that he was of the view that......

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