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Highlights / Annotations / Catch Notes For June

Home Highlights June

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Showing 5701 to 5750 of 6336 Records

1 ....111 112 113 114115116 117 118 119........ 127

June 24, 2013 Case Laws Central Excise

As per the Rule 4(2)(b) of the CENVAT Credit Rules the condition that the same should be in the possession of the manufacturer in the subsequent financial year is not......
June 24, 2013 Case Laws Central Excise

Cenvat Credit - inputs used in construction of storage tank [temperature controlling facility] (Chapter 73.09 or 84.19) - prima facie, they are eligible for cenvat credit - AT
June 24, 2013 Case Laws Central Excise

SSI Exemption - clubbing of turnover - interconnected undertakings - the criteria adopted in Section 4 of the Act for determining interconnected undertaking cannot be......
June 24, 2013 Case Laws Service Tax

Hiring of DG Sets - supply of tangible goods - liable to service tax or VAT - no prima facie case for complete waiver of the amounts involved. - stay granted partly. - AT
June 24, 2013 Case Laws Service Tax

Revenue appeal - committee of commissioners has not applied their minds - they merely put their signatures - appeal dismissed - AT
June 24, 2013 Case Laws Customs

Validity of Circular No. 18/2006 (Customs), dated 5-6-2006 - on goods other than edible oils when imported under DEPB scheme, SAD is leviable is not legally sustainable. - HC
June 24, 2013 Case Laws Customs

Valuation - Extra discount received - nothing to show that the same would not have been offered to anyone else wishing to buy the old stock, there is no reason why the.....
June 24, 2013 Case Laws Income Tax

Transactions in securities - for application of sub-section 7 of section 94 all the three conditions mentioned in clauses (a), (b) and (c) thereof must be cumulatively satisfied - AT
June 24, 2013 Case Laws Income Tax

As the valuation of stock is not part of the claim of excise duty remaining unpaid, it was misapplication of facts and figures in the mind of the AO to have discovered......
June 24, 2013 Case Laws VAT and Sales Tax

Power - validity of Seizure - neither the Commissioner or the Officer Authorized not below the rank of DC nor the Tribunal has the power to decide about the validity of.....
June 24, 2013 Case Laws Income Tax

LTCG - sale of jewellery - if the AO has disbelieved the explanation of the assessee, then he should have made enquiries with the said jeweller instead of presuming that....
June 24, 2013 Case Laws Income Tax

Re opening of assessment - Revenue Department had enough information in its possession, therefore fully empowered to reopen the assessment or otherwise assess this assessee - AT
June 24, 2013 Case Laws Income Tax

Penalty u/s. 271(1)(c) - absence of due care does not mean that the assessee is guilty of either furnishing inaccurate particulars or attempting to conceal its income - no penalty - AT
June 24, 2013 Case Laws Income Tax

Claim of exemption under section 10(5) - leave travel package covered Singapore and Malaysia - The condition in no way provides that the assessee is at liberty to claim.....
June 24, 2013 Case Laws Income Tax

Claim of expenses - transactions as being not genuine and representing bogus claims of expenditure - reliance on a comparative chart, showing its gross profit for the......
June 24, 2013 Case Laws Income Tax

Levy of FBT towards Tata brand equity contribution - employer/employee relationship is a pre-requisite for the levy of fringe benefit tax. Thus no such thing present on.....
June 24, 2013 Case Laws Income Tax

Income on sale of shares and units of mutual funds - capital gain v/s business income - CBDT Instruction No.1827 - AO is not justified in treating the assessee as dealer....
June 22, 2013 Case Laws Central Excise

Refund - price revision clause - valuation - Excess payment of duty - supply of LPG Cylinders to IOC Ltd. and HPC Ltd. - Unjust enrichment - refund allowed - AT
June 22, 2013 Case Laws Central Excise

Cenvat Credit - duty payment documents - photocopies or extra copies - appellant directed to make pre deposit of 50%. - AT
June 22, 2013 Case Laws Central Excise

Clandestine removal - issue of mis-classification - goods entered in RG-1 register - full stay granted. - AT
June 22, 2013 Case Laws Service Tax

Rectification of mistake - the mistake on the part of the Revenue to have accepted the order-in-original without thinking of the consequences. - application for......
June 22, 2013 Case Laws Service Tax

Stay - order of predeposit of the amounts for a technical violation in taking the suo motu credit by the appellants after depositing the cash amount in view of the......
June 22, 2013 Case Laws Income Tax

Penalty u/s 271C - whether bonafide belief of the assessee that he is not bound to deduct the tax at source be treated as 'reasonable cause'? - Held yes - AT
June 22, 2013 Case Laws Customs

Enhancement of CIF value - during the period prior to 05.06.2012, the old and used Digital Multifunction Printing and Photocopying Machines could be import without any licence. - AT
June 22, 2013 Case Laws Customs

Time limit for filing of Bill of Entry - Section 46 - there is no time-limit for filing a bill of entry by an importer upon arrival of goods. - HC
June 22, 2013 Case Laws Income Tax

Transfer Pricing Adjustment - companies with a small turnover of Rs.25 lacs cannot be held to be comparable in this case. - AT
June 22, 2013 Case Laws VAT and Sales Tax

Levy of tax on opium - cultivators are handing over the opium exclusively to the assessee i.e. Narcotic Department. - The opium is taxable item under the U.P. Trade Tax Act. - HC
June 21, 2013 Case Laws Central Excise

Cenvat credit - Removal of capital goods after use - Rule 3(5) - put to use for approximately eight years - the demand for reversal of entire duty is not justified. - AT
June 21, 2013 Case Laws Central Excise

Cenvat Credit - questions like whether the input is dutiable, whether any element of cost is includable in the assessable value of the input etc. cannot be agitated at......
June 21, 2013 Case Laws Central Excise

SSI Exemption - manufacturing of printed/branded goods having the name of other brand owner - PP caps - exemption allowed - AT
June 21, 2013 Case Laws Central Excise

Valuation - Job Work - inclusion of product development charges and consultancy charges - any expense which is not attributable to the job work cannot be included in......
June 21, 2013 Case Laws Service Tax

Nature of receipt - wither in the nature of collection of the maintenance and service charges from the plot holder or of lease rental - prima facie case is not in favor....
June 21, 2013 Case Laws Service Tax

Service Tax Liability - who is liable to discharge - service tax liability discharged through the agent is sufficient - AT
June 21, 2013 Case Laws Service Tax

Cargo Handling or (GTA) service - In any transportation, loading and unloading is incidental and, therefore, the predominant and essential nature of service is......
June 21, 2013 Case Laws Customs

Importe of R22 gas (an Ozone Depleting Substance) - The Commissioner rightly allowed re-export upon payment of redemption fine and penalty. - AT
June 21, 2013 Case Laws Income Tax

Advance Against Depreciation - MAT u/s 115JB - AAD is income received in advance - the amount did not enter the stream of income - clause (b) of the Explanation 1 is not....
June 21, 2013 Case Laws Income Tax

Registration u/s 12A - The scope of power of CIT is limited in this regard to make enquiries as he may deem fit & not required to look either into the nature of income.....
June 21, 2013 Case Laws Income Tax

Section 251(2) requires that CIT(A) shall not enhance the assessment or a penalty or reduce the amount of refund unless the appellant had a reasonable opportunity of......
June 21, 2013 Case Laws Income Tax

Revisionary powers of Commissioner u/s 263 - contradictory statements - AO did not considered these statements - CIT has remanded back the matter to AO - no prejudice......
June 21, 2013 Case Laws Income Tax

Best judgement assessment - simply on mathematical formula income cannot be estimated. - one should have reasonable nexus to the available material and circumstances. - AT
June 21, 2013 Case Laws VAT and Sales Tax

Works contract - dyes and chemical used in the bleaching, colouring and dyeing etc. on gray cloth are consumed in the process and not transferred. - HC
June 20, 2013 Case Laws Central Excise

Classification - Multigrain Bread Concentrate - Chapter 11 or Chapter 19 - - prima facie Multigrain Bread Concentrate cannot be considered as flour preparation. - AT
June 20, 2013 Case Laws Central Excise

Valuation - whole sale packing - MRP Based or Transaction value - The majority decision of the Larger Bench in the case of Roys Industries [2010 (9) TMI 257] cannot be......
June 20, 2013 Case Laws Service Tax

Works contract service - supply and installation of 'Electronic Security and Safety Systems' - value of goods supplied to be reduced from gross value - stay granted - AT
June 20, 2013 Case Laws Service Tax

Cenvat Credit - input services - fumigation expenses incurred are in the nature of packing expenses. - credit allowed - AT
June 20, 2013 Case Laws Service Tax

Cenvat Credit - input services - ood Pass Services has no nexus with the business of assessee - credit denied - AT
June 20, 2013 Case Laws Service Tax

Appeal by Revenue before CESTAT - In the present case the amount involved in this appeal is only Rs. 2,52,146/- - Appeal filed by revenue dismissed. - AT
June 20, 2013 Case Laws Customs

Imposing anti dumping duty - writ petition - no cause of action had arisen within the territorial jurisdiction of this Court to entertain the writ petitions. - HC
June 20, 2013 Case Laws Income Tax

Addition u/s 50C - No addition u/s.50C can be made in the hands of purchaser. - No record to show that the appellant had received over and above the sale consideration shown. - AT
June 20, 2013 Case Laws Income Tax

Jurisdiction power u/s 263 by CIT(A) - only the untouched parts of the assessment order, which did not fall for consideration before the CIT(A) are still open to the CIT....

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