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Highlights / Annotations / Catch Notes For May of 2015

Home Highlights May May 2015 Year 2015

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Showing 1 to 50 of 399 Records

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May 30, 2015 Case Laws Service Tax

Commercial Training & Coaching - In the absence of any evidence which would indicate that the training imparted by the respondent does not enable the trainee to 'seek......
May 30, 2015 Case Laws Central Excise

Remission of duty - even if in the facts of the case, the assessee claims remission from excise duty of goods said to have been lost in natural course, within the......
May 30, 2015 Case Laws Customs

100% EOU - Appellants contention of double jeopardy on the ground that they have already been penalised under the FTDR Act, 1992 is totally invalid as the ingredients of....
May 30, 2015 Case Laws Income Tax

Treatment as a resident in India - Passport being unjustifiably impounded - it was impossible for the assessee to leave India - He virtually became an unwilling resident....
May 30, 2015 Case Laws Income Tax

There is no necessity of prior approval of Deputy Commissioner for issue of notice u/s 143(2) for re-making an assessment in pursuance to direction given by CIT u/s 263 - HC
May 30, 2015 Case Laws Income Tax

TP Adjustments - Disregarding Profit Split Method ('PSM') as the most appropriate method for benchmarking - TPO, should determine the ALP by adopting residual PSM as the....
May 30, 2015 Case Laws Income Tax

Penalty u/s 271(1)(c) - capital gain have been directly credited to capital reserve account in the balance-sheet, whereas as per the AO such capital gain should have......
May 30, 2015 Case Laws Income Tax

Disallowance of loss of material through pilferage, shortage of material in transit, shortage arising on physical verification, etc. - assessee has accounted for both......
May 30, 2015 Case Laws Income Tax

Registration under section 12AA - primary purpose was advancement of objective general public utility and it would remain charitable even if an incidental or ancillary......
May 29, 2015 Notifications FEMA

Drawal limit of USD 125000 increased to USD 250,000 per financial year Foreign Exchange Management (Permissible Capital Account Transactions) (Third Amendment)......
May 29, 2015 Notifications FEMA

Facilities of drawal of foreign exchange for transactions for Individuals and Other person - conditions modified - Foreign Exchange Management (Current Account......
May 29, 2015 Case Laws Service Tax

CENVAT Credit - Whether, the service tax paid on mobile phones used by employees/staff of a manufacturing company would be eligible for cenvat credit under the Cenvat......
May 29, 2015 Case Laws Service Tax

Consulting Engineer Service - a lay man making a blue print or typing the project report would not qualify to be called a consulting engineer. - AT
May 29, 2015 Case Laws Central Excise

Request for quashing of criminal complaint - Revenue could not refute that with the basis for the criminal complaint having been actually removed, with the Apex Court......
May 29, 2015 Case Laws Customs

Valuation of goods - Rule 10A of the Customs Valuation Rules 1988 - higher price at which same goods were imported by contemporaries in the same vessel, was justified......
May 29, 2015 Case Laws Customs

Benefit of project import assessment under Heading 98.01 of CTA,1975 - n terms of Regulation No.(4) of the PIR, 1986, the contract should be registered prior to......
May 29, 2015 Case Laws VAT and Sales Tax

Claim of interest on refund - Refund claim was adjusted towards penalty imposed - claim of interest allowed - HC
May 29, 2015 Case Laws Income Tax

Re-assessment - when reasons are recorded for bringing to tax ‘X’ income and no assessment is made on the ‘X’ income, the AO does not possess the jurisdiction to tax......
May 29, 2015 Case Laws Income Tax

Exemption u/s. 10(38) of long term capital gain - genuineness of transaction in shares - transaction of sale of shares were real, genuine and for valuable consideration.....
May 29, 2015 Case Laws Income Tax

Exemption u/s.54F - investment in second residential house - previous residential property gifted to her husband - There is no stipulation in law with regard to the......
May 29, 2015 Case Laws Income Tax

Treatment of the loss on share trading - the specified income under Explanation to section 73 - the said loss is a loss from a speculation business in terms of......
May 28, 2015 Case Laws Service Tax

Denial of refund claim - Payment received in export of service in Indian rupees from Deutsche Bank - when a foreign bank is maintaining Indian rupees in their account......
May 28, 2015 Case Laws Service Tax

Extended period of limitation - period 9.7.2004 to 6.11.2005 - Board clarified vide its Circular on 17.10.2005 that software is 'goods', the show-cause notice in the......
May 28, 2015 Case Laws Central Excise

Denial of Exemption claim - 100% EOU - Scope of Notification No.22/2003 - exemption was not to operate in respect of the additional excise duty levied under the Finance Act, 1999 - HC
May 28, 2015 Case Laws Customs

Validity of detention order - proceedings under COFEPOSA - There is unexplained delay in passing the detention order of approximately 8 months - Further once the order.....
May 28, 2015 Case Laws Customs

Refund claim - Where and admittedly there is a nil assessment order, whether the assessee is entitled to claim refund without making a challenge to such assessment order....
May 28, 2015 Case Laws VAT and Sales Tax

Valuation - VAT - deduction of consideration / profit of sale of land - works contracts - construction and buildings - proper authority can probe into transactions of.....
May 28, 2015 Case Laws FEMA

Attachment of property - Money laundering Act - whether provisional attachment of the properties in issue, could have been passed without a charge sheet having been......
May 28, 2015 Case Laws Companies Law

Application for reduction in issued, subscribed and paid-up share capital under Sections 100 to 105 of Companies Act, 1956 and other applicable provisions of the......
May 28, 2015 Case Laws Income Tax

Arrears of income tax - Attachment of accounts and money - the jurisdiction of Civil Courts, to entertain the suit, against the Income Tax Department, was barred by......
May 28, 2015 Case Laws Income Tax

Amortization of premium paid on investments under "held to maturity category" - assessee is entitled to the amortization of security premium, as claimed - HC
May 28, 2015 Case Laws Income Tax

TDS u/s 194I - Premium for acquiring leasehold rights for the leased plot - regulatory clauses cannot convert the lease premium into tenancy as per section 194 I of the Act. - AT
May 28, 2015 Case Laws Income Tax

Benefit of Section 11 - The order passed by the CIT(A) is contrary to the law and facts and on the file by holding that once registration has been granted u/s. 12A of......
May 28, 2015 Case Laws Income Tax

TPA - ALP - CIT(A) held that volume of domestic sale of components/parts was quite insignificant to constitute a valid comparable with the export transactions. For all......
May 28, 2015 Case Laws Income Tax

Eligibility of deduction u/s 10B - each units were not having separate books of accounts but ERP software accounting system was implemented by each of them and......
May 28, 2015 Case Laws Income Tax

Charitable Trust - The fact that the receipts from commercial activities are more compared to the overall receipts of the charitable organization can neither lead to the....
May 28, 2015 Case Laws Income Tax

TDS u/s 195 - As disallowance u/s 40(a)(i) is in respect of purchases made from the AEs, which is in no manner connected with the Commission segment, we hold that the......
May 28, 2015 Case Laws Income Tax

Validity of transfer pricing adjustment - assessee is a job worker and not a manufacturer and the Ld. TPO and DRP erred in including the cost of gold into the operating.....
May 28, 2015 Case Laws Income Tax

Addition of capital expenditure claimed under the head “loan syndication charges” - Since the expenditure has not been claimed by the assessee while computing the income....
May 28, 2015 Case Laws Income Tax

TDS - It is not a case when the land has been compulsory acquired under any law, therefore, in the absence of sect ion 194LA being applicable, no question of any......
May 28, 2015 Case Laws Wealth-tax

Wealth Tax - 'urban land' as per Section 2(ea)(v) - Structure standing over the land during the relevant period being a half/semi-finished one cannot come within the......
May 27, 2015 Notifications Central Excise

EOUs/EHTP/STP Units – DTA Clearance - Norms for installation of capital goods and / or use of other goods relaxed - Now facility extended upto the period of validity of.....
May 27, 2015 Notifications Central Excise

EOUs/EHTP/STP Units – Norms for installation of capital goods and / or use of other goods relaxed - Now facility extended upto the period of validity of the Letter of......
May 27, 2015 Notifications Central Excise

EOUs/EHTP/STP Units – Presence of central excise officer is not required where the capital goods or reject, waste or scrap material are destroyed within the user......
May 27, 2015 News Indian Laws

Imposition of tax on horseracing / betting - still governed by the Hyderabad Horse Racing and Betting Tax Regulation of 1358 Fasli - High Court worried
May 27, 2015 Case Laws Service Tax

CENVAT Credit - input services - whether Packaging Services, Security Services, Telephone Services & Chartered Account Services would be considered as input services for....
May 27, 2015 Case Laws Service Tax

Refund - not filed in prescribed form and the documents are not submitted alongwith the refund application - The initial refund claim having been filed well within time,....
May 27, 2015 Case Laws Service Tax

Refund claim - jurisdiction of sanctioning such refund - consignments which were exported were cleared from the Akola factory; the jurisdiction for claiming the refund......
May 27, 2015 Case Laws Central Excise

Stay application - Mandatory pre deposit - Section 35F - if the argument of the learned counsel for the petitioner is accepted then he is required to pre-deposit 100%......
May 27, 2015 Case Laws Income Tax

Entitlement to deduction under section 80HHBA - sale of scrap - scrap materials come within the manufacturing process of the industrial undertaking in the manufacture of....

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F: Stock damaged in recent floods

F: GST on Solar Plant

A: PENALTY ON DIRECTORS CONTRAVENING EXPORT REGULATIONS UNDER FOREIGN EXC...

A: Difference between “License” and “Royalty”

A: Penalty proceedings under Section 130 of the CGST Act cannot be initia...

N: Inland Container Depots for loading and unloading of goods - Seeks to ...

C: Guidelines to Stock Exchanges, Clearing Corporations and Depositories

T: Supreme Court Upholds Validity of Re-Assessment Notices Issued During ...

F: Transfer of ITC without filing ITC-02

F: assessment order

F: INTERMEDIARY SERVICES OR EXPORT SERVICES

H: Revision: Hospital receipts verified, partial refunds & fees paid subs...

F: ITC Issue in case of Acqusition of Company in Insolvency

H: Goods matched documents like e-way bill and invoices; detention order ...

H: Goods Inspection Matches E-Way Bill, Lack of Tax Evasion Intent Quashe...

H: Income tax reassessment validity: AO initiated proceedings u/s 147 ins...

H: Reassessment Rules Interpretation: Taxpayer Wins Over Accommodation En...

H: Sale-purchase loss disallowed unreasonably by tax officer, commercial ...

H: Building sale value can't determine depreciation; actual consideration...

H: Loan to equity conversion attracts income tax on excess share premium ...

H: Property purchase: Joint owners pay via banking channels before regist...

H: Tax exemption limit for leave encashment: Local authorities' employees...

H: Tax assessments beyond 6-year limit quashed, satisfaction note lacked ...

H: Cash found in lockers linked to temple trust and educational foundatio...

H: Microphone Tech Classification: Functionality Over Technology.

H: Exemption from Social Welfare Surcharge on duty-free imports via scrips.

H: Claim for performance pay not an operational debt under IBC; Multiple ...

A: Director Identification Number

A: No GST is applicable for the services provided by the Director under p...

A: Income Tax Act Revamp (Comprehensive Review): Status and Suggestion on...

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