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Highlights / Annotations / Catch Notes For June of 2014

Home Highlights June June 2014 Year 2014

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Showing 201 to 250 of 366 Records

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June 16, 2014 Case Laws Service Tax

Refund - Bar of limitation - appellant was not required to pay service tax but they paid the service tax wrongly - provisions of Section 11B of the Central Excise Act,.....
June 16, 2014 Case Laws Central Excise

MRP Valuation or transaction value - tiles - there is no difference in respect of packages of tiles sold to retail consumers or to the so called institutional buyers and....
June 16, 2014 Case Laws Central Excise

CENVAT credit - Duty demand on dealer for passing duty when the goods were actually not received - provisions of sections 11A and 11AA of the Excise Act or sections 73......
June 16, 2014 Case Laws Central Excise

Denial of refund claim - deemed provisional assessment - period of limitation - the assessment in the case of the appellant cannot be considered as provisional or......
June 16, 2014 Case Laws Central Excise

Denial of refund claim - unjust enrichment - price of biris remained same irrespective of the amount of duty paid mainly whether it is Rs. 8/- or Rs. 10/- - refund allowed - AT
June 16, 2014 Case Laws Customs

Penalty u/s 112 - since penalty has been imposed on partnership firm under Section 112 (a), separate penalty on its partner would not be justified - AT
June 16, 2014 Case Laws Customs

Revocation of the licence of the appellant-CHA - it is clear that the appellant-CHA sought to get the Customs clearance work done in the Customs area by transacting......
June 16, 2014 Case Laws Income Tax

Allowability of unabsorbed depreciation of amalgamating company – Form No. 62 not filed – filing of form is only directory and not mandatory - claim allowed - AT
June 16, 2014 Case Laws Income Tax

Accrual of income - taxability of advances received - Merely because an amount has been entered into in assessee’s book, is not conclusive proof that income has accrued - AT
June 16, 2014 Case Laws Income Tax

Estimation of income – “best judgment assessment“ is not a provision to penalize the assessee, but is a machinery provision to enable the Revenue to assess a person when....
June 16, 2014 Case Laws Income Tax

Once the registration u/s 12A continues - it is axiomatic that the income has to be computed in accordance with section 11 and benefit/exemption has to be given -......
June 16, 2014 Case Laws Income Tax

Section 40(a)(ia) cannot be seen as intended to be a penal provision to punish the lapses of NON-TDS when the recipients have taken into account income embedded in the......
June 16, 2014 Case Laws Income Tax

Deduction u/s 80P - ‘Member’ includes ‘Associate Member’ - authorities cannot go beyond their jurisdiction and make classification within a classification of members to.....
June 14, 2014 Case Laws Service Tax

Penalty u/s 76 & 78 - provisions of Section 78 having been invoked and penalty imposed, Section 76 penalty may not be justified - AT
June 14, 2014 Case Laws Central Excise

Duty demand - Non putting MRP on export of biscuits - CENVAT Credit - even in respect of exempted goods, CENVAT credit can be availed on inputs/input services if such......
June 14, 2014 Case Laws Central Excise

CENVAT Credit - merely because the services were availed at job-worker's premises, there is no reason why the same should be denied. - AT
June 14, 2014 Case Laws Central Excise

Extension of stay granted - appeal was not disposed of within the stipulated period as specified in Section 35C and therefore vacating the stay order amounts to......
June 14, 2014 Case Laws Customs

Remission of duty - applicants were duty bound to insure the goods against natural calamity by comprehensive insurance policy drawn in favour of Commissioner of......
June 14, 2014 Case Laws Customs

Refund of SAD - commissioner (appeals) is not correct in denying the refund by observing that, as the amount of SAD has shown as recoverable only after the sale takes......
June 14, 2014 Case Laws Customs

Condonation of delay - Inordinate delay of 1234 days - Non receipt of order - revision applications were rejected as being filed beyond jurisdiction by a common order -....
June 14, 2014 Case Laws Customs

Valuation of goods - Import of Retro-Reflective Sheetings - To invoke Rule 5 or 6 of the CVR, 1988, the goods should be substantially of the same commercial value and......
June 14, 2014 Case Laws Income Tax

Deletion of disallowance u/s 40A(3) - where the income of the assessee has been computed by applying gross profit rate, there is no need to invoke the provisions of......
June 14, 2014 Case Laws Income Tax

Criminal prosecution – once the Tribunal of a Department holds that there is no concealment of income on part of the accused and the penalty is deleted, the very basis......
June 14, 2014 Case Laws Income Tax

Registration not granted u/s 12AA - The registration will be deemed to have been granted - this is subject to exercise of Commissioner's power u/s.12AA(3) in......
June 14, 2014 Case Laws Income Tax

Bogus loss from share broker to set off as STCG - - When the person from whom the alleged transaction has been taken place categorically denies the genuineness of the......
June 14, 2014 Case Laws Income Tax

Addition made u/s 68 - availability of opening capital balance cannot be discounted altogether - it may not be proper to altogether reject the claim of savings from past....
June 14, 2014 Case Laws Income Tax

Penalty u/s 271(1)(c) – Disallowance of expenses on foreign travel – assessee have not furnished any explanation nor even the primary details in support of its claim -.....
June 13, 2014 Case Laws Service Tax

Service tax would not be chargeable on the amount charged for transportation, as even if this transportation within the mines is treated as GTA service provided by the......
June 13, 2014 Case Laws Service Tax

Refund of unutilized cenvat credit - Export of services - lower Authorities mixed up the two issues - NTF 12/05-ST issued under Rule 5 of the Export of Service Rules,......
June 13, 2014 Case Laws Central Excise

Valuation of goods - s.4(1)(b) of CEA, 1944 - Rule 6 of Valuation Rules, 2000 - value of remote control, smart card and software in the value of STB are includible - AT
June 13, 2014 Case Laws Central Excise

CENVAT credit on capital goods - Appellant took the credit in September 2008 whereas the clearance of dutiable product started from March 2009. - at best, they can be......
June 13, 2014 Case Laws Central Excise

CENVAT Credit - whether the service of procuring sales orders of cement through commission agents i.e. business auxiliary services being received by them is covered by......
June 13, 2014 Case Laws Central Excise

Duty demand - Unaccounted receipts - Shortage in stock - Recovery of loose slips - there is no reason for discarding this evidence for the purpose of proving the......
June 13, 2014 Case Laws Central Excise

Clandestine removal of goods - presumption - opinion of handwriting expert is a weak evidence which should be taken with caution and is not reliable unless supported by.....
June 13, 2014 Case Laws Customs

Penalty u/s 114A and 114(iii) - only allegation against the appellants is that they have availed draw back claim wrongly - in the show-cause notice there is no proposal.....
June 13, 2014 Case Laws Income Tax

Garnishee notice issued for FDRs – Deposits yet to mature – non-compliance of the demand notice raised by the Department u/s 226 (3), revenue have rightly held that......
June 13, 2014 Case Laws Income Tax

The gross receipts having exceeded the stipulated monitory limit provided in the second proviso to section 2(15) of the Act, the assessee is not entitled to claim......
June 13, 2014 Case Laws Income Tax

TDS u/s 194H - the nature of service provided by the assessee to the ultimate consumers/subscribers, whether it is prepaid or post-paid SIM card remains the same - TDS.....
June 13, 2014 Case Laws Income Tax

When the assessee has violated the provisions of section 11 and 13 by giving concession to the persons, who are specified persons u/s 13(3), being so, assessee cannot be....
June 13, 2014 Case Laws Income Tax

Exemption u/s 11 - merely because the courses are not approved by the DG Shipping or merely because there is huge surplus in the non-approved courses than the approved......
June 12, 2014 Case Laws Service Tax

Appellant only owns and leases facilities to the dealers for their use. Keeping in view the nature of transaction the service provided cannot be considered as storage......
June 12, 2014 Case Laws Central Excise

Goods supplied to Indian Navy - The End User Certificate leaves no manner of doubt that the subject goods were purchased by Material Organisation exclusively for the......
June 12, 2014 Case Laws Central Excise

Refund of accumulated unutilized Cenvat Credit - closure of the factory - surrender of central excise registration - refund allowed - AT
June 12, 2014 Case Laws Central Excise

Classification of ‘Alovit Cream’ consisting of ‘Aloe extract 10% w/w, Tocopheryl Acetate I.P. 0.5% w/w and Moisturising cream base - the product manufactured by them is a medicine - AT
June 12, 2014 Case Laws Central Excise

Valuation of goods - publicity and advertisement was borne by the dealer at his choice to promote sale that does not mean that assessable value shall be hiked by the......
June 12, 2014 Case Laws Central Excise

Duty demand - determination of quantities of quantity of paper and paper products - whether the weight of wrapper (packing paper and paper board) shall be taken into......
June 12, 2014 Case Laws Customs

Requantification of redemption fine - import of new Passenger Car Radial Tyres of mixed sizes - Redemption with the condition of re-export is very harsh penalty. - AT
June 12, 2014 Case Laws Customs

CVD is leviable on Intravenous fluid @ 5% ad valorem under Notification No. 2/2011-C.E., dated 1-3-2011 and not @ 1% ad valorem under Notification No. 1/2011-C.E., dated....
June 12, 2014 Case Laws Income Tax

The income of the assessee cannot be assessed on the basis of hybrid method of accounting by following mercantile method for assessing income in respect of DDBs/NCD and.....
June 12, 2014 Case Laws Income Tax

Deletion of perquisite u/s 2(24)(vi) - interest free loan to director - interest free money in the form of entrance fee and membership fee available with the company......

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