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Highlights / Annotations / Catch Notes For May of 2015

Home Highlights May May 2015 Year 2015

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Showing 51 to 100 of 399 Records

123 4 5 6........ 8

May 27, 2015 Case Laws Income Tax

Validity of prima facie conclusions of the Settlement Commission - bogus purchases - The admission of the Assessee's application for settlement causes no prejudice to......
May 27, 2015 Case Laws Income Tax

Interest u/s 234B - amendment to section 115JB - The liability to tax although credited retrospectively could not entail the punishment of payment of interest with......
May 27, 2015 Case Laws Income Tax

Disallowance of Special Additional Duty (SAD) - the instant amount of SAD paid in relation to such goods cannot be claimed as deduction in the year under consideration......
May 27, 2015 Case Laws Income Tax

Cross-examination - adverse evidence and material, relied upon in the order, to reach the finality should be disclosed to the assessee. But this rule is not applicable......
May 27, 2015 Case Laws Income Tax

Validity of survey - denial of natural justice - the survey could be conducted even prior to insertion of subsection (2A) of section 133A. - AT
May 27, 2015 Case Laws Income Tax

Unaccounted cash credit - peak credit theory - additions were made purely based on facts, unless the facts were duly verified by the AO, the addition should not have......
May 27, 2015 Case Laws Income Tax

Eligibility for benefit of section 44BB denied - assessee is very much eligible for the benefit available under sec. 44BB of the Act towards the hire charges of the......
May 27, 2015 Case Laws Income Tax

Penalty u/s 271(1)(c) - since the search took place on 04.09.2008 i.e. after first day of June 2007, therefore, penalty if any was leviable that was to be levied u/s......
May 27, 2015 Case Laws Income Tax

Exemption u/s 10A - t the foreign exchange gain on packing credit foreign currency loan is not eligible for deduction under section 10A - AT
May 26, 2015 Case Laws Service Tax

When the entire demand covering the period October, 2002 to December, 2006 is a meagre ₹ 19,576/- the demand for a mere 3 months will be pittance or less making it....
May 26, 2015 Case Laws Customs

Imports in violation of the Exim Policy - Deterrent penalty - Tribunal has not passed a speaking order justifying the reduction of fine and setting aside the penalty. -.....
May 26, 2015 News VAT and Sales Tax

Levy of purchase tax u/s 4 - agriculture products - The contention that a farmer/agriculturist is indirectly being subjected to tax does not merit acceptance. - HC
May 26, 2015 Case Laws Companies Law

Winding up - When the company paid installments to a substantial extent and prayed for some respite the Division Bench, in our view, would be within its right to......
May 26, 2015 Case Laws Income Tax

TDS u/s 194H - discount allowed by the appellant to the distributors in respect of starter packs and recharge coupons for its prepaid service - since the relationship......
May 26, 2015 Case Laws Income Tax

Deduction of expenditure after actual payment u/s 43B - Provision of Section 43B of the Income Tax Act does not apply to the electricity duty collected by the......
May 26, 2015 Case Laws Income Tax

Condonation of delay - There is no allegation far less any proof of the fact that the appellant was prevented by any cause far less sufficient cause from preferring the.....
May 26, 2015 Case Laws Income Tax

Disallowance of transmission charges paid to U.P. Power Corporation Limited - payment of transmission charges is not payment for fee for technical services, therefore,......
May 26, 2015 Case Laws Income Tax

Once the specified forms 15J and 15-I have been collected under Rule 29D(4)(ii) by the assessee even if the same is not submitted to the CIT for one reason or another,......
May 26, 2015 Case Laws Income Tax

Interest on refund - refund made in part - Whether refund should have been first adjusted with the interest due on date of grant of refund, instead of being adjusted......
May 26, 2015 Case Laws Income Tax

Royalty - payments received on sale and marketing of software license to the customers - assessee was under obligation to deduct tax at source under section 195 of the.....
May 25, 2015 Case Laws Indian Laws

Taxability of Sodexo Meal Vouchers - goods or not - consumability within the municipal limit is relevant or not - the said vouchers will fall in the category of printed....
May 25, 2015 Case Laws Service Tax

Penalty u/s 76 & 78 - short payment of service tax - once in a year, the appellant themselves reconcile the statements and discharge the differential service tax......
May 25, 2015 Case Laws Service Tax

Denial of refund claim of cenvat credit - Notification No. 5/2006-CE (NT) Nowhere in Rule 5 of the CCR, 2004, is there any condition of establishing a nexus between the.....
May 25, 2015 Case Laws Central Excise

Denial of CENVAT Credit - GTA Service - freight has been paid by them and further the sale is on MRP basis and duty has been arrived on the basis of MRP - appellant has.....
May 25, 2015 Case Laws Customs

Denial of refund claim - Finalization of provisional assessment - prior to the amendment i.e. 13-7-2006, this doctrine of unjust enrichment was not attracted to refund......
May 25, 2015 Case Laws Customs

Seizure of Chinese silk - had they been purchased through acceptable channels, some support in the form of invoices, receipts etc. would have invariably found their way.....
May 25, 2015 Case Laws Income Tax

Non-grant of registration u/s 12A - trust was not established for Christian community only, but for the public at large. - CIT directed to grant registration - AT
May 25, 2015 Case Laws Income Tax

Delayed filing of the e-TDS quarterly return - There is neither any willful negligence nor any malafide on the part of the assessee in the matter of compliance and the.....
May 25, 2015 Case Laws Income Tax

Application for grant of registration under section 12A - f the objects of the society are charitable and its activities are genuine, then registration cannot be refused....
May 25, 2015 Case Laws Income Tax

Promotion expenses - revenue v/s capital expenditure - even if to be treated as capital asset, the proof of acquiring the same had to be brought on record - claim of......
May 25, 2015 Case Laws Income Tax

Registration of trust u/s 12AA(1)(b) r.w.s 10(23C)(iiiad) - franchisee fee paid to Zee Learn Ltd - If the existence of the assessee was not for the purposes of profit,....
May 25, 2015 Case Laws Income Tax

Validity of Revision of assessment order - In the absence of any independent finding and leaving the AO to start a fresh investigation is not within the powers assigned.....
May 25, 2015 Case Laws Income Tax

TDS u/s 194 - dividend distributed by the assessee did not part-take the character of interest and consequently, the assessee was not liable to deduct tax at source. - AT
May 24, 2015 Case Laws Service Tax

Export of services - Non-availabity of exemption notification during the period 1.3.2003 to 19.11.2003 - benefit of exemption allowed - HC
May 24, 2015 Case Laws Service Tax

Levy of service tax - Reverse charge mechanism - Revenue neutrality since cenvat credit is available - unable to locate any statutory or constitutional provisions which....
May 24, 2015 Case Laws Service Tax

Denial of CENVAT Credit - Reinsurance business - prima facie applicant is entitled to avail Cenvat credit on the reinsurance service received by them as per Rule 2(l) of....
May 24, 2015 Case Laws Service Tax

Export of service or not - service recipient is situated abroad and the payments for the services rendered was received in convertible foreign exchange and the service......
May 24, 2015 Case Laws Central Excise

Duty demand u/s 11D - Whether provisions of Section 11D of Central Excise Act, 1944 would apply to the impugned goods, which were cleared at nil rate of duty after the......
May 24, 2015 Case Laws Customs

Validity of order of confiscation - procedure to be followed - With respect to the prohibited goods, the officer has a discretion. It is well settled that discretion......
May 24, 2015 Case Laws Customs

Country of origin - rate of duty @4% if the areca nut is of 'Sri Lankan origin' or leviable at 108% - there is absolutely nothing wrong on the part of the respondents......
May 23, 2015 Case Laws Income Tax

Transaction in the nature of adventure - Capital gain or business income - Ordinarily an isolated transaction cannot be the sole criterion to test as to whether it is in....
May 23, 2015 Case Laws Income Tax

Disallowance of diminution in value of fertilizer bonds - the fertilizer bonds received by the assessee in lieu of cash subsidy also deserves to be given the same......
May 23, 2015 Case Laws Income Tax

Revenue earned from supply of software and rendering of maintenance and professional services to customers located in Sri Lanka and Middle East as “Royalty/ FTS/ FIS” -.....
May 23, 2015 Case Laws Income Tax

Rejection of books of accounts - it is seen that the Inspector's Report cannot lead to any conclusion that the generation of Scrap was shown by the Assessee at any......
May 23, 2015 Case Laws Income Tax

Excess claim of depreciation - Equipments given on hire - cost of acquisition u//s 43(1) - It defies all the logics that any Equipment commercially exploited for at......
May 23, 2015 Case Laws Income Tax

Revision u/s 263 - Contention of the assessee is that the AO had raised a specific query in this regard and after considering the facts, submissions and case-laws......
May 23, 2015 Case Laws Income Tax

Addition made on account of the cash embezzlements - Protective assessment - there is nothing more than an allegation of embezzlement by the assessee and such......
May 23, 2015 Case Laws Income Tax

Merely because payments have been made from India, the same cannot be made liable to be taxed in India insofar as payment was made to non-resident for the services......
May 23, 2015 Case Laws Income Tax

Royalty u/s 9(1)(vi) - Nature of amount received towards supply of software by the Parent company to (non-resident) to Intel Technology India Private Limited on account....
May 22, 2015 Case Laws Service Tax

Denial of refund claim - marketing support services - Service provided and consumed in India - recipient of the services is not Indian customer of the foreign supplier......

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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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