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Highlights / Annotations / Catch Notes For May of 2014

Home Highlights May May 2014 Year 2014

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May 9, 2014 Case Laws Customs

Liability for Confiscation of goods - Section 113(d) - Once filing a manual Shipping Bill is allowed, subsequent activities undertaken by exporter become perfectly legal....
May 9, 2014 Case Laws Customs

CHA License - Ignorance of the conduct/activities of CHA`s Employees - ‘G’ Card and ‘H’ Card Authorisation – appellant had no means to have proper control over the......
May 9, 2014 Case Laws VAT and Sales Tax

While calculating the turnover for the purpose of levy of penalty, the turnover are to be excluded and only those turnover which are estimated having reference to a......
May 9, 2014 Case Laws VAT and Sales Tax

Rate of tax – Option of Compounding of Tax - there can not be two assessments for the same period of time, one on compounded basis and another on regular basis. - HC
May 9, 2014 Case Laws VAT and Sales Tax

Rate of tax – Option of Compounding of Tax - Once such an option is exercised, all the contracts entered into either before giving the option or subsequent thereto, for.....
May 9, 2014 Case Laws VAT and Sales Tax

Nature of contract - sales or works contract - whether a contract for manufacture, supply and installation of lifts in a building is a “contract for sale of goods“ or a.....
May 9, 2014 Case Laws FEMA

Order of detention - COFEPOSA - Undue and unexplained delay in execution of the order of detention vitiates it, but in the facts of the present case, it cannot be said......
May 9, 2014 Case Laws Income Tax

Cancellation of penalty u/s 271(1)(c) - no prudent purpose could be served for the assessee by filing inaccurate particulars in the current years while the assessee had....
May 9, 2014 Case Laws Income Tax

The amount is nothing but the advances for the purpose of fixed assets, which does not attract penalty u/s 271D of the Act as it is not a “loan“ or “deposits“ within the....
May 9, 2014 Case Laws Income Tax

For making assessment u/s. 158BC, it is not necessary to issue authorization u/s. 132 or make requisition u/s. 132A separately in the name of each person - Authorization....
May 9, 2014 Case Laws Wealth-tax

Computation of taxable income and taxable wealth of discretionary trust - erely because the Settlor and after his death, his son did not exercise their power to appoint.....
May 8, 2014 Case Laws Service Tax

Rejection of refund claim - Appellate remedy to file an appeal before tribunal - Jurisdiction of tribunal - The view taken by the Registry of the CESTAT is plainly......
May 8, 2014 Case Laws Service Tax

Extension of stay order - automatically vacation of stay order after one year - recovery of dues - The notice issued u/S.87(b) of the Finance Act, 1944 dt.21.1.2014 and.....
May 8, 2014 Case Laws Service Tax

Service Tax Voluntary Compliance Encouragement Scheme, 2013 - assessee contended that amount deposited on 8.3.2013 i.e. after the cut-off date on 1.3.2013 - Such amount,....
May 8, 2014 Case Laws Central Excise

Modvat/ Cenvat Credit - exempted by-products - Accepting the argument of the appellant would amount to equating by-product and final product thereby obliterating the......
May 8, 2014 Case Laws Central Excise

If the assessee has paid excess payment, the excess payment should be adjusted towards the amount due and after deduction, no duty is payable or no interest is payable,.....
May 8, 2014 Case Laws Central Excise

Under Valuation - The demands confirmed on different ground which was never an allegation in the show cause notice is fatal to the case of Revenue - AT
May 8, 2014 Case Laws Customs

Rate of Duty - Classification of ‘Split betel nuts’ - The product could only be certified as safe food as u/s 3(q) of the F.S.S. Act, 2006 in which ‘Safe food’ means......
May 8, 2014 Case Laws Customs

Whether an importer can be penalized for not having claimed exemption under Notification No. 29/2010-Cus at the time of importation by refusing to grant refund under......
May 8, 2014 Case Laws Customs

Seizure of Gold - Extension of period for issuance of show-cause notice – the requirement of Section 124 and principles of natural justice can be considered as fulfilled - AT
May 8, 2014 Case Laws Customs

Leviability of penalties – SEZ unit - An approval given by the Development Commissioner to outsource a material by trading does not mean that permissions required by......
May 8, 2014 Case Laws VAT and Sales Tax

Rate of Tax - “High Mast poles” - the product of the petitioner could be defined under entry No.30 (v) of Part II of Schedule II of “Iron and Steel”, which also......
May 8, 2014 Case Laws VAT and Sales Tax

Even though bolts and nuts generally might have fallen in under Entry 119 of I Schedule, once customised for use in motor vehicles as parts and accessories, the same......
May 8, 2014 Case Laws Income Tax

The hire charges received by the assessee under the hire purchase agreement is an interest on loan and liable to tax under Interest Tax Act, 1974 - HC
May 8, 2014 Case Laws Income Tax

Power to invoke section 263 - revision - The word “examine the record“ means the material available on record at the time of assessment and not the material which has......
May 8, 2014 Case Laws Income Tax

Business income OR STCG - Sale of shares – purchases as well as turnover are continually increasing and the assessee has regularly dealt in purchase and sales of shares.....
May 8, 2014 Case Laws Income Tax

Proviso to section 113 of the Act is curative in nature and it merely clarifies that for a relevant date for applicability of the financial year would be the year in......
May 8, 2014 Case Laws Income Tax

Validity of authorization u/s 132A - AO held that there were inherent contradictions in the stand of the assessee regarding the source of the asset - matter has already.....
May 8, 2014 Case Laws Income Tax

Ownership of trademark did not rest wholly or partly with the Assessee and the payment were of enduring benefit and capital is in nature and therefore it was neither......
May 7, 2014 Case Laws Service Tax

Whether the Cenvat credit can be availed by the appellants in respect of inputs service credit distributed by the Estate Department of the Bank when that Department was.....
May 7, 2014 Case Laws Service Tax

CENVAT Credit - construction service and housekeeping service - Nexus with manufacturing activity - Prima facie, the case is in favor of assessee - AT
May 7, 2014 Case Laws Service Tax

Since fly ash is one of the raw materials used for manufacture of cement, services availed for fabrication, erection & installation & repair and maintenance and......
May 7, 2014 Case Laws Customs

The royalty payments made to foreign collaborator or the consultancy service charges paid are not addable to the value of the goods imported by assessee from the foreign....
May 7, 2014 Case Laws Customs

Seizure of betel nuts - in the absence of any inquiry made by the Revenue from the issuing authority, Assam State Agriculture Marketing Board, rejection of the same on......
May 7, 2014 Case Laws VAT and Sales Tax

Whether the expenses incurred in commissioning imported machinery by a dealer for its customer form part of the cost of machinery in order to attract tax liability under....
May 7, 2014 Case Laws Income Tax

Once the Tribunal has taken the date of the transaction of TDR and arrived at a factual conclusion that the Power of Attorney in favour of the assessee may be......
May 7, 2014 Case Laws Income Tax

Warehousing rental charges - Nature of income – the rental charges received by the assessee are assessable under the head income from business and not under home property - HC
May 7, 2014 Case Laws Income Tax

Deletion of disallowance of trade discount - assessee Company had arranged to give 2.5% discount to the sister concern - Such facility was also made available to others.....
May 7, 2014 Case Laws Income Tax

Investment allowance u/s 32A – Whether the preparation of food articles in a hotel may be treated as manufacturing of goods - Tribunal has committed error in treating......
May 7, 2014 Case Laws Income Tax

Penalty u/s 271(1)(c) - MAT u/s 115JB was greater than the regular income, book profit was taken as deemed total income u/s 115JB of the Act - penalty u/s 271(1)(c) of......
May 7, 2014 Case Laws Income Tax

Deletion made u/s 68 - since the assessee has failed to prove the source of cash deposited of Rs.14,52,000/- in the joint bank account of three individuals, the addition....
May 6, 2014 Case Laws Service Tax

Club or Association service - principal of mutuality - FICCI and ECSEPC - activities fall outside the scope of the definition of ‘Club or Association’ service and the......
May 6, 2014 Case Laws Service Tax

Difference of opinion between members of tribunal - difference of opinion on facts - manner in which issues to be addressed - HC
May 6, 2014 Case Laws Service Tax

Claim of Notification No. 12/2003-ST - Tribunal has committed a fundamental error in insisting only upon production of Invoices, as evidence of goods being sold and......
May 6, 2014 Case Laws Service Tax

Refund of the Service Tax - it is impracticable for the authorities to refund applications that are filed beyond time even it is paid under a mistake of law. - HC
May 6, 2014 Case Laws Central Excise

Denial of rebate claim - Duty paid mistakenly - export of goods - all the authorities have committed serious error in denying the rebate claims filed by the petitioner......
May 6, 2014 Case Laws Central Excise

DTA clearances of the cut-flowers (non-excisable goods) - 100% EOU - words “in an amount equal to the Custom Duty leviable on such articles, as if imported, as such”......
May 6, 2014 Case Laws Central Excise

Denial of refund claim - area based exemption - the claim of the appellant for the refund of Education Cess and S&H Education Cess is not sustainable. - AT
May 6, 2014 Case Laws Customs

Date of entry inward is the date mentioned in the Customs Register - The application for date of entry inwards as also the grant of entry inwards was on 01/03/2001 and......
May 6, 2014 Case Laws Customs

Liability of duty – non–performance of export obligation – duty and interest is paid before the service of notice - order of the adjudicating authority imposing penalty.....

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