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Highlights / Annotations / Catch Notes For May of 2014

Home Highlights May May 2014 Year 2014

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Showing 1 to 50 of 370 Records

12 3 4 5........ 8

May 31, 2014 Case Laws Service Tax

Scope of the term Motor Vehicle with regard to repair and management service - When the Statute clearly intended to exclude motor vehicle, it is apparent that it......
May 31, 2014 Case Laws Service Tax

Management/maintenance/repair service - assessee contended that entire amount relates to supply of goods is not correct - AT
May 31, 2014 Case Laws Service Tax

Waiver of pre-deposit - cenvat credit - input service - bus transport service - activities involving social gathering, marriage, picnic and taking children to the school....
May 31, 2014 Case Laws Central Excise

CENVAT Credit - allegation of non receipt of goods physically - Ground taken up by Commissioner (Appeals) to drop the demands and penalties has no legs to stand as fraud....
May 31, 2014 Case Laws Central Excise

Duty demand - Shortage in stock - appellant representative has accepted the shortages only but nowhere accepted the fact of removal of the same. On the other hand, there....
May 31, 2014 Case Laws Central Excise

CENVAT Credit - Storage loss - even if it is treated as transit loss, since the same is 0.5%, the Cenvat credit cannot be denied - AT
May 31, 2014 Case Laws Customs

Revocation of CHA License – It is true that there is no power in such authorities to enforce attendance of persons being passengers, giving statement, but if their......
May 31, 2014 Case Laws Income Tax

Order of settlement commission - Commission found that since the petitioner had committed a default and did not truly disclose his income, the penalty could not be......
May 31, 2014 Case Laws Income Tax

Reassessment - Validity of notice u/s 148 of the Act – Reason to believe – The material found in post search enquiries could form a “reason to believe“ that income had......
May 31, 2014 Case Laws Income Tax

Reassessment - issuance of notices is not an outcome of change in opinion of the successor AO but is based on tangible material received to him during the assessment......
May 31, 2014 Case Laws Income Tax

Addition of unexplained jewellery – Looking to the status of the family and the jewellery found in possesssion of four ladies, it was being within the tolerable limit or....
May 31, 2014 Case Laws Income Tax

Jurisdiction of the CIT u/s 263 - order of the CIT without recording the reason to demonstrate that the view of the AO after enquiry as incorrect, unsustainable in law - AT
May 31, 2014 Case Laws Income Tax

Sale/purchase of shares - capital gains - Merely because the assessment of speculation profit is as per the provision contained u/s 43(5) would not lead to ipso facto......
May 31, 2014 Case Laws Income Tax

Penalty u/s 271(1)(c) – LTCG claimed inspite of STCG – there can be two views on the issue and it cannot be said that assessee’s action in returning the income as long......
May 31, 2014 Case Laws Income Tax

Surcharge and education cess to be levied after giving MAT credit - The nature of MAT is like pre-paid taxes and, therefore, it should be treated alike for the purposes.....
May 30, 2014 Case Laws Service Tax

Demand of service tax - Clearing and Forwarding agents - Third show cause notice issued while 2 notices already existing - demand set aside on the ground of period of limitation - HC
May 30, 2014 Case Laws Customs

Undervaluation - department has not mentioned as to which the importer of identical or similar goods had been selling the goods in India at the wholesale price which......
May 30, 2014 Case Laws Companies Law

Winding up of company - Inability to pay debts - a petition under Section 433 (e) of the Companies Act, 1956, will not lie in respect of a debt which is barred by......
May 30, 2014 Case Laws Income Tax

Genuineness of foreign gifts – there being neither any relationship nor there being any circumstance to show natural love and affection of the donor for the donee nor......
May 30, 2014 Case Laws Income Tax

Penalty u/s 271(1)(c) - Capital gains not shown in the return – Assessee disturbed due to illness of father – error committed could be described only as a human error,......
May 30, 2014 Case Laws Income Tax

Cessation of liability - provision for discount - as the provision was disallowed in earlier year, reversal made during this assessment year ought to be allowed as......
May 29, 2014 Case Laws Service Tax

Whether, the respondent is liable to service Tax on Flying Training Institute and Aircraft Engineering Institutes under Commercial Training or Coaching Services - demand set aside - HC
May 29, 2014 Case Laws Service Tax

Waiver of pre-deposit - demand based on ST-3 return - this would be a case of demand based on the ST-3 returns and therefore extended period cannot be invocable. - AT
May 29, 2014 Case Laws Service Tax

Waiver of pre-deposit - valuation - goods involved are in the nature of consumables and not in the nature of parts or materials which can be sold and then services......
May 29, 2014 Case Laws Central Excise

CENVAT Credit - transformer which was sent for a short period were cleared on payment of duty and after the repair, the transformer was cleared, the standby transformer.....
May 29, 2014 Case Laws Customs

Import of goods against advance license - DTA clearance of finished goods - respondent has first exported the goods. Against the said export, the respondent obtained......
May 29, 2014 Case Laws Income Tax

Deduction u/s 57 when there is no income – how expenditure which is otherwise a proper expenditure can cease to be a such merely because there is no receipt of income,......
May 29, 2014 Case Laws Income Tax

Allowability of deduction u/s 10A - benefit of section 10A would also be available even when an existing unit get converted into a STPII unit - AT
May 29, 2014 Case Laws Income Tax

Deduction u/s 80IA(4) - Joint venture for the purpose of getting a contract – “substance“ is more important than the “form“ and thus, failure to draw a separate......
May 29, 2014 Case Laws Income Tax

Minimum Alternate Tax - Banking company - section 115JB has been amended to bring all the Companies in its ambit vide Finance Act 2012, w.e.f 1.4.2013, however, the......
May 29, 2014 Case Laws Income Tax

Penalty u/s 140A(3) - assessee cannot escape from the liability to pay penalty as the intention of the legislature regarding payment of tax is to pay as you earn - ......
May 29, 2014 Case Laws Income Tax

Intangibles like goodwill are eligible for depreciation - non compete fee is in the nature of the payment and is now covered u/s 28(va) of the Act, it would be revenue in nature - AT
May 29, 2014 Case Laws Income Tax

ALP - The authorities have out rightly denied the adjustment on account of difference in capacity utilization –the AO/TPO is directed to verify the details and allow the....
May 29, 2014 Case Laws Income Tax

U/s 144C(5) AO has to pass the assessment order in conformity with the direction of the DRP – AO cannot take a contrary view and exclude the amount of 'interest......
May 29, 2014 Case Laws Income Tax

Treatment of income – STCG or Business income – Trading in shares and securities - It is only the net income so arrived at that would stand to be assessed as 'business income' - AT
May 29, 2014 Case Laws Income Tax

Where the purpose of a trust or institution is relief of the poor, education or medical relief, it will constitute 'charitable purpose' even if it incidentally involves.....
May 28, 2014 Case Laws Service Tax

Valuation of services - clearing and forwarding agent service - inclusion of demurrage/ wharfage and expenses for local transport - being reimbursement of expenses not......
May 28, 2014 Case Laws Service Tax

Tour Operator Service - operating contract carriage buses from Hyderabad to Shridi - demand confirmed - AT
May 28, 2014 Case Laws Central Excise

CENVAT Credit - capital goods - movement (transport) of Hydrogen Gas Cylinder outside factory premises for refilling etc. - credit cannot be denied on temporary taking......
May 28, 2014 Case Laws Customs

Classification of the gold and silver medals imported - Once the classification under Heading 9705 is overruled classification under Chapter 71 follows as a corollary of....
May 28, 2014 Case Laws Customs

Benefit of Notification No. 21/2002-Cus. - Since, the appellant has not been named as sub-contractor in the contract awarded by NHAI, the appellant does not satisfy the.....
May 28, 2014 Case Laws Income Tax

Exemption u/s 10(23C)(vi) - Any expenditure incurred by an assessee for computerisation and developing an IT enabled system for carrying on its activities would be......
May 28, 2014 Case Laws Income Tax

Disallowance of referral fees paid - The payment was at arm’s length, AO cannot reassess that issue or draw adverse conclusions from the percentage value of the referral....
May 28, 2014 Case Laws Income Tax

Jurisdiction of the ITO u/s 281 - in order to declare a transfer as fraudulent u/s 281, an appropriate proceeding in accordance with law was required to be taken u/s 53.....
May 28, 2014 Case Laws Income Tax

If any income from an assessment by a higher forum on the ground that it is not the income of that year, the Income-tax Officer has jurisdiction to initiate proceedings.....
May 28, 2014 Case Laws Income Tax

Diversion of income by overriding title - interest earned on grants – The directives created an overriding title in favour of the State Government – thus, the interest......
May 28, 2014 Case Laws Income Tax

Denial of exemption u/s 11 - the income which is exempt u/s 10 cannot be brought to tax by virtue of sections 11 and 13 of the Act because no such pre condition is......
May 28, 2014 Case Laws Income Tax

Rectification of mistake apparent on record u/s 254(2) - The assessee through this application has attempted to dissect the order of the Tribunal into pieces then to......
May 28, 2014 Case Laws Income Tax

Exemption u/s 10B - abnormal increase in profit - AO was not justified in invoking the provisions of section 80IA(10) of the Act to restrict the deduction claimed by the....
May 28, 2014 Case Laws Income Tax

Deletion of LTCG as non-genuine - transactions in shares - Deletion of undisclosed commission paid for arranging accommodation entries - assessee proves that......

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