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Highlights / Annotations / Catch Notes For June of 2016

Home Highlights June June 2016 Year 2016

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Showing 351 to 400 of 485 Records

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June 10, 2016 Case Laws Customs

Refund claim - irrespective of the position of re-export the fact is not under dispute that the goods in respect of which custom duty and interest was paid has not been.....
June 10, 2016 Case Laws Companies Law

On reading of the terms of the NIT it is clear that the word “Company” can only mean a company as understood under the Companies Act and cannot be read to include a firm....
June 10, 2016 Case Laws Income Tax

Addition to commission receipts assessable in the hands of the appellant on a substantive basis - rectification of mistake to delete protective assessment - both the......
June 10, 2016 Case Laws Income Tax

Determination of perquisite value - Notional interest on deposit given by the employer with the landlord for securing the rented premises - Not a perquisite - not taxable - AT
June 10, 2016 Case Laws Income Tax

Scam of providing accommodation entries by Chartered Accountants - defrauding the revenue - Violation of Code of Ethics ICAI - Such a professional deserves to be......
June 9, 2016 Case Laws Service Tax

Service Tax Liability - the appellant is a company incorporated under Companies Act, 1956 and acted as agent on behalf of the Chhattisgarh Govt. which authorised it to......
June 9, 2016 Case Laws Service Tax

Self Adjustment of excess service tax paid with the service tax liabilities for subsequent period - Service tax amount paid at higher rate for the service tax......
June 9, 2016 Case Laws Central Excise

Imposition of penalty by the Settlement Commission - department took the stand that the job work activity undertaken by the Petitioner amounts to manufacture and not......
June 9, 2016 Case Laws Central Excise

Seeking revival of appeals - tribunal dismissed the revenue appeal for requirement of approval/clearance of the Committee on Disputes (COD) - the delay is required to be....
June 9, 2016 Case Laws Central Excise

Eligibility of Rebate claim - SCN still pending adjudication - When a case comes up before a quasi-judicial authority, it is bound to decide the same in accordance with.....
June 9, 2016 Case Laws Customs

Merely because a request has been made for provisional release of goods u/s 110-A of the Customs Act and the same has been acceded to by the respondent, the same would......
June 9, 2016 Case Laws Customs

Availability of benefit of duty drawback - Export of final product - neither section 75 of the Customs Act, nor rule 3 of the Rules of 1995, provide any restriction on......
June 9, 2016 Case Laws Income Tax

TDS liability - period of limitation - The limitation for initiating action under section 201(1) of the Act, therefore, expired on 31st March, 2012 whereas the amendment....
June 9, 2016 Case Laws Income Tax

Provisions of section 40(a)(ia) are not attracted where there is short deduction of tax. Accordingly, no disallowance under section 40(a)(ia) in respect of payments made - AT
June 9, 2016 Case Laws Income Tax

Where the amount of sub-contract payments made by the assessee though without tax deduction at source, has been included by the recipient in his return of income and the....
June 9, 2016 Case Laws Income Tax

Addition on account of variation in the value of closing stock between the value declared in the accounts and the value declared to the Bank - The assessee demonstrated.....
June 9, 2016 Case Laws Income Tax

Receipts on account of supply of software were integrally connected to the supply of hardware and, therefore, AO was not right in taxing such receipts as royalty -......
June 9, 2016 Case Laws Income Tax

The firm is succeeded by the company, therefore, the cost of acquisition of the company would be as that of acquisition of the firm. The valuation of land and assets of.....
June 8, 2016 Case Laws Service Tax

Denial of benefit of VCES - Delayed payment of second installment of 50% amount - To allow the petitioner to effect payments belatedly would tantamount to altering the......
June 8, 2016 Case Laws Service Tax

Other port services - even if the goods are allowed to be stored after landing, the lease terms does not transform the activity into one of rendering other port services - AT
June 8, 2016 Case Laws Service Tax

Pure agent - reimbursement of expenses - appellant has not satisfied the conditions prescribed in Rule 5 of the Service Tax (Determination of Value) Rules, 2006 to......
June 8, 2016 Case Laws Central Excise

Entitlement for refund claim - Rule 5 of Cenvat Credit Rules - Unutilized accumulated credit as on the date of their opting for the benefit of an exemption Notification.....
June 8, 2016 Case Laws Central Excise

Demand of SAD alongwith interest and penalty - 100% EOU - stock transfer made to their own DTA unit - there is no exemption granted by the Sales Tax authorities on the......
June 8, 2016 Case Laws Central Excise

Eligibility for cash refunds of untilized credit - credit could not be unutilized 16 years back due to dispute with the department - appellant is now an SSI unit and......
June 8, 2016 Case Laws Central Excise

Cenvat Credit - input services - procedural law deserves to be construed as directory instead of mandatory for its application. The non-registration as ISD should not......
June 8, 2016 Case Laws VAT and Sales Tax

Central sale - Cancellation of 'C' Forms - If the selling dealer has after making a diligent enquiry confirmed that on the date of the sale the purchasing dealer held a.....
June 8, 2016 Case Laws Income Tax

Non-compete amount received - revenue v/s capital receipt - At any rate, with effect from 01.04.2003, by virtue of introduction of Section 28(va) to the Act, all monies.....
June 8, 2016 Case Laws Income Tax

Reopening of assessment - existence of PE in India to which its profits are attributable - The reasons for reopening merely repeat the words of the statute that there......
June 8, 2016 Case Laws Income Tax

MAT - Adjustment to book profit u/s 115JB - the provision for doubtful debts shall represent a provision made to take care of the diminution in the value of “Sundry......
June 8, 2016 Case Laws Income Tax

Since the investment of its funds in the equity shares of a company incorporated outside India was made in violation of statutory provision, the assessee-institution is.....
June 8, 2016 Case Laws Income Tax

Disallowance of expenses for obtaining ISO certificates - revenue or capital expenditure - Neither the AO nor CIT(A) has established on record that by obtaining the......
June 8, 2016 Case Laws Income Tax

Sale of development rights is to be taxable as long term capital gain and not as income from other sources as held by AO. - The consequential deductions/exemptions u/s......
June 8, 2016 Case Laws Income Tax

TDS u/s 192 or 195 - payment made to manpower deployed overseas - remuneration paid by the assessee for the contract of services are in the nature of salary only and no.....
June 8, 2016 Case Laws Income Tax

Entitlement for benefit u/s 11(2) of the Act of the accumulation of funds - when technicalities are pitted against the substantial justice, the course which advances......
June 8, 2016 Case Laws Income Tax

What is taxable u/s.56(2)(vi, is receipt of money without consideration - money received by the assessee from various trusts could not have been taxed u/s.56(2)(vi) of the Act. - AT
June 8, 2016 Case Laws Income Tax

Bogus purchases on the basis of investigation conducted by the Sales Tax Department - AO has accepted the sales turnover disclosed by the assessee. Therefore, unless,......
June 8, 2016 Circulars Income Tax

Tax collection at source (TCS) @1% is on sale of any motor vehicle of the value exceeding ten lakh rupees or @1% if sale consideration received in cash exceeds 2 lakh......
June 7, 2016 Notifications Service Tax

CBEC amends notification No. 25/2012 - Service Tax, dated the 20th June, 2012, so as to exempt the legal services provided by senior advocates to a business entity with.....
June 7, 2016 Notifications Service Tax

CBEC amends Service Tax Rules, 1994 so as to specify the business entity as the person liable to service tax in respect of services provided by senior advocates - Notification
June 7, 2016 Notifications Service Tax

CBEC amends notification No. 30/2012-Service Tax dated 20th June, 2012, so as to prescribe extent of payment of service tax by a business entity as a recipient of......
June 7, 2016 Case Laws Service Tax

Allowability of Cenvat credit - Rent-a-cab and Air Travel Agent Service - services used for employees benefit - prior to 01-04-2011 the Cenvat Credit was admissible. - AT
June 7, 2016 Case Laws Service Tax

Eligibility of refund claim of input services on export of goods - The contention of the appellant that cleaning activity is not taxable and therefore refund of Service.....
June 7, 2016 Case Laws Central Excise

Validity of de-registration of old Central Excise Registration since new registration was granted to the buyer of the premises - it is a national loss to stop production....
June 7, 2016 Case Laws Central Excise

Demand of duty from the Job worker who is the actual manufacturer - Extended period of limitation - Principal Manufacturer filed the declaration under Notification......
June 7, 2016 Case Laws Central Excise

Cenvat credit on paper transactions not physically received - If a supplier of goods is the registered dealer of the department itself, the department cannot allege that....
June 7, 2016 Case Laws Central Excise

Clearance of trade samples without payment of duty - Revenue failed to produce any documentary evidence of even a single such samples having been cleared by the......
June 7, 2016 Case Laws Central Excise

Levy of penalty - removal of non-excisable goods on payment of duty through cenvat credit - in the absence of any specific allegation in the show cause notice and the......
June 7, 2016 Case Laws Central Excise

Validity of show cause notice - duty along with interest was paid before issuance of SCN - neither show cause should have been issued nor any charges of the show cause......
June 7, 2016 Case Laws Customs

Liability of port trust to pay duty on Import of LAM coke - the quantity not accounted for by the custodian has to be treated as pilfered u/s 23 of the Customs Act 1962.....
June 7, 2016 Case Laws Customs

Documentation fees and the royalty are not related to the import of the goods, therefore, the same cannot be included in the value of the imported goods and the same is.....

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