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Highlights / Annotations / Catch Notes For March

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March 13, 2012 News Indian Laws

RBI releases its Monthly RBI Bulletin for March 2012
March 13, 2012 Notifications Central Excise

Imposition of restriction to prevent evasion of, and default in payment of, duty of excise on a manufacturer, first stage and second stage dealer or an exporter in case.....
March 13, 2012 None Indian Laws

E&Y fined and reprimanded over audit work
March 13, 2012 Circulars Customs

Ban on export of Cotton (Tariff Code 5201 and 5203)- reg. - Cir. No. 08/2012-Customs Dated: March 13, 2012
March 13, 2012 Case Laws Companies Law

Petition for winding up of companies - Existence of arbitration clause is not a ground to dismiss the application seeking an order of winding up of the respondent-company. - HC
March 13, 2012 Case Laws Income Tax

Brought forward and Setoff of business expenditure and business loss against “Income from House Property“ when business has already closed in earlier year - Section 71 -....
March 13, 2012 Case Laws Income Tax

The fact that the excisable products are exempt from the payment of excise duty cannot be a ground to hold that the products in question are not manufactured by the......
March 13, 2012 Case Laws Service Tax

Appellant agrees to arrange at his own cost suitable godowns for warehousing the products and also to arrange insurance of the goods in the joint name with the principal....
March 13, 2012 Notifications Central Excise

Amends Central Excise Rules, 2002 - Rule “12CC“ shall be substituted by “12CCC“. - Ntf. No. 04/2012-CENTRAL EXCISE (N.T.) Dated: March 12, 2012
March 13, 2012 Notifications Central Excise

Second Amendment in the CENVAT Credit Rules, 2004. - Ntf. No. 03/2012-CENTRAL EXCISE (N.T.) Dated: March 12, 2012
March 13, 2012 Case Laws Central Excise

Determination of value of excisable goods - clearances to sister unit for captive consumption as well as to independent buyers - in a case where both the rules are......
March 13, 2012 Case Laws Central Excise

Duty liability on the scrap generated at the end of job workers during the course of machining of the inputs/castings - assessees are not liable to pay duty on the......
March 13, 2012 Case Laws Central Excise

Even if attracting nil rate of duty, the goods remain excisable and they do not become non-excisable. Therefore, just because the goods listed in the schedule attract......
March 13, 2012 Case Laws Central Excise

Demand of duty under Section 4 of the Central Excise Act - Goods cleared under MRP scheme u/s 4A - packaged form was opened at the dealers end for addition and mixing of....
March 13, 2012 Notifications Customs

Duty free re-import of cut & polished diamonds into India after certification/grading by the laboratories / agencies as notified in the Foreign Trade Policy. - Ntf. No.....
March 12, 2012 Case Laws VAT and Sales Tax

Principal of classification - VAT on homoeo globules - West Bengal Value Added Tax Act, 2003 - omoeo globule imported by the writ petitioner is entitled to the benefit.....
March 12, 2012 Case Laws Income Tax

Shoguns received on marriage taxable as gift - Shoguns were given to assesse and not to daughter, logically cheque should be in bride name - No details provided which......
March 12, 2012 Case Laws Income Tax

Surrender of income - additional income offered is deemed income assessable u/s 69A of the Act and no deduction is allowable against such deemed income assessed u/s......
March 12, 2012 Case Laws Income Tax

Rejection of Books of Account - non reporting of transaction can be best attributed to auditor and cannot be ground to reject books. For Job work - AT
March 12, 2012 Case Laws Income Tax

Capital loss on the sale of the foreign cars - when the sale of the cars itself flow from the terms of the lease agreement and the terms of the agreement thus not......
March 12, 2012 Case Laws Income Tax

Determination of perquisite value - Rule 3 - Where an employer takes residential premises on rent by giving security deposit for the benefit of employees, whether the......
March 12, 2012 Case Laws Service Tax

Taxation of Service (Provided from Outside India and Received in India) Rules, 2006 - Rule 3(ii) - Held that: there is no evidence on record that the service has been......
March 12, 2012 Case Laws Central Excise

Supplies to SEZ from DTA - Exception provided under Rule 6(6) of Cenvat Credit Rules, 2004 shall be applicable to supply of exempted goods both to SEZ units and SEZ......
March 12, 2012 Case Laws Central Excise

Deemed credit under Notification 58/97 CE - in case the annual capacity of production of input manufacturer because of dispute cannot be determined at the time of issue.....
March 12, 2012 Case Laws Central Excise

Demand - clandestine removal - based upon the calculations arrived at by the department on the basis of electricity consumption - no corroborative evidence - demand set aside. - AT
March 12, 2012 Circulars Central Excise

If brand name is not affixed or embossed on the jewellery or article itself but appears on the packing, such goods will not be treated as branded jewellery and thus will....
March 12, 2012 Notifications Customs

Seeks to amend the Notification No. 3/89-Customs, by exempting customs duty on remnant turbine fuel consumed during an aero show organised by the central government. - .....
March 12, 2012 Notifications DGFT

Removal of Prohibition on export of cotton (Tariff Codes 5201 and 5203). - Ntf. No. 106 (RE-2010)/2009-14 Dated: March 12, 2012
March 10, 2012 Case Laws Income Tax

Recovery of Tax - notice u/s 226(3) - An error in the figure, in a notice of demand does not vitiate the demand. - HC
March 10, 2012 Case Laws Income Tax

Consolidated appeal before tribunal against common order - One appeal, according to us, is maintainable against a common judgment, but, how-ever, the appellant would be.....
March 10, 2012 Case Laws Customs

Proof of realization of export proceeds - duty drawback - once the RBI after examining the matter issued the letter dated 25-5-2004 indicating in clear words that the......
March 10, 2012 Case Laws Service Tax

Import of servcies - Rule 3(iii) - The said services were received by a recipient located in India for use in relation to business or commerce and thus satisfy criteria.....
March 10, 2012 Case Laws Service Tax

Building Development agreement - In the absence of there being any service provider and service recipient in relation to the transaction in question, the Tribunal was......
March 10, 2012 Case Laws Central Excise

Interest 11AB - even where the duty is short paid by an assessee, is available as credit to the recipient unit of the same assessee, interest in terms of provisions of......
March 10, 2012 Case Laws Central Excise

Affixing of bar code and MRP or imported goods - deemed manufacture - held that:- the provisions of Section 2(f)(iii) of the Central Excise Act are attracted. - AT
March 10, 2012 Case Laws Central Excise

Revision application - rebate sanctioning authority - rebate claims under the provisions of Rule 18 of the Central Excise Rules, 2002 - Deputy Commissioner/Assistant......
March 10, 2012 Case Laws Income Tax

Applicability of 40A(3)(cash payment exceeding of 20,000) - It acts as a commission agent facilitating payment to the truck owners, who are its members. Therefore, the......
March 10, 2012 Case Laws Income Tax

There is no restriction on account of allowability of depreciation on the assets purchased out of withdrawal from NABARD. - AT
March 10, 2012 Case Laws Income Tax

Exemption u/s 11 -if the assessee is not entitled to exemption u/s 10(23C)(iiiae) then it will not be a bar in not claiming benefit u/s 11 to 13 of I.T. Act - AT
March 10, 2012 Case Laws Customs

Import of goods under DEEC scheme - demand of on unutilized items - notification no. 30/97-Cus., dated 1-4-1997 - assessee has fulfilled the export obligation completely....
March 10, 2012 Case Laws Service Tax

CENVAT credit on courier services - courier service is received after the clearance of goods from the factory gate therefore, the service relates to post clearance of......
March 10, 2012 Case Laws Service Tax

Demand - Management Consultancy Service - the services rendered by ESI, PF, and other industrial law practitioners - do not get covered by scope of the term ‘Management Consultant’ - AT
March 10, 2012 Case Laws Service Tax

Cargo Handling Service versus Airport Services - classification - If there is holding of cargo for a few hours or a few days for proper handling of cargo and loading on.....
March 10, 2012 Case Laws Service Tax

Penalty - courier service -The contention that once there is a default, the payment of penalty is automatically unsustainable in view of the language employed in Section....
March 10, 2012 Case Laws Central Excise

Refund - the duty paid under protest falls under section 11B of the Act and as such, would attract the principles of unjust enrichment. - HC
March 10, 2012 News Indian Laws

Income Tax : Highlights of Report of Standing Committee on Finance on Direct Taxes Code Bill, 2010 presented to Speaker on 9-3-2012
March 10, 2012 Case Laws Central Excise

Valuation of goods under central excise - deduction from price - No justification for the Commissioner to decide the claim regarding six deductions by answering the same....
March 9, 2012 Circulars Companies Law

Allotment of Director’s Identification Number (DIN) under Companies Act, 1956 - Cir. No. 4/2012 Dated: March 9, 2012
March 9, 2012 Circulars Customs

Clarification on imposition of Ban on export of Cotton with immediate effect by DGFT - Cir. No. 07/2012 Dated: March 9, 2012
March 9, 2012 Circulars DGFT

Notification No.102, dated 05.03.2012 not applicable for cotton consignment for which Let Export Order(LEO) has been issued up to 2400 hrs. on 04.03.2012. - Cir. No. 58.....

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