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Highlights / Annotations / Catch Notes For July of 2014

Home Highlights July July 2014 Year 2014

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Showing 151 to 200 of 397 Records

July 17, 2014 Case Laws Income Tax

Reassessment order u/s 147 r.w section 148 of the Act - The assessing officer is not required to consider the objections in detail - HC
July 17, 2014 Case Laws Income Tax

Section 44BB is applicable only with respect to Royalty and FTS but since consumables were supplied along with P&M given on hire, therefore, the receipts were taxable u/s 44BB - AT
July 17, 2014 Case Laws Income Tax

Addition u/s 68 of the Act - AO does not have power to examine the source of the source and on the facts of the case, there is no merit in the Revenue’s grounds at all - AT
July 17, 2014 Case Laws Income Tax

Revised return of loss/unabsorbed depreciation – even if the assessee has not filed revised return, AO is bound to allow carried forward loss or depreciation as per the record - AT
July 16, 2014 Case Laws Service Tax

Validity of recovery proceedings - Non payment of 50% of the tax by December 31, 2013 as per the VCES scheme - department has power to initiate recovery proceedings on such failure - HC
July 16, 2014 Case Laws Service Tax

Construction services - sub-contractor - appellant claims that service tax has been paid by the said principal and, therefore, there cannot be a double taxation for the....
July 16, 2014 Case Laws Service Tax

Irregular availment of CENVAT Credit - The omission to take registration as an Input Service Distributor can at best be considered as procedural irregularity - AT
July 16, 2014 Case Laws Central Excise

Method of valuation - Since M/s. ELCOT are neither institutional consumer nor industrial consumer, in respect of sale of CTVs by the appellant to them, MRP was required.....
July 16, 2014 Case Laws Central Excise

CENVAT credit availed on supplementary invoice issued by Job worker - prima facie the applicant has made out a case for availment of service tax as per Rule 9(1)(bb) of.....
July 16, 2014 Case Laws Central Excise

Denial of Credit based on photocopy of invoices, consolidated original Bill of Entry - prima facie credit is not admissible - AT
July 16, 2014 Case Laws Central Excise

CENVAT Credit - Prima facie, it appears that the applicant is not eligible to avail credit where they have taken benefit of revenue expenditure under the Income Tax Act - AT
July 16, 2014 Case Laws Central Excise

Merely because during the period in question the appellant was indulging in clandestine activities, would not ‘ipso facto’ lead to establish that they have been......
July 16, 2014 Case Laws Central Excise

Levy of interest on differential duty raised through supplementary invoice - retrospective increase of price of finished goods - demand of interest confirmed - penalty waived - AT
July 16, 2014 Case Laws VAT and Sales Tax

Validity of Search and seizure - Letter of authorisation was not shown to the officers/employees of the petitioner. Independent witnesses were not called during the......
July 16, 2014 Case Laws Income Tax

Validity of notice u/s 148 - At the stage of issue of the notice the only requirement is to examine whether on the available material a reasonable person could form a......
July 16, 2014 Case Laws Income Tax

Penalty u/s 271(1)(c) - An assessee making a blatantly inadmissible claim is like a car driver who crosses the red light at the traffic signal and takes a chance of not.....
July 16, 2014 Case Laws Income Tax

Penalty u/s 271(1)(c) – In the garb of the bona fide claim an assessee cannot escape levy of penalty - Onus was not on the AO to prove the negative - AT
July 16, 2014 Case Laws Income Tax

Whether the assessee’s claim for deduction under section 80IA of the Act could be denied merely on the ground that these D.G. units were catering to the captive power......
July 16, 2014 Case Laws Income Tax

Interest claimed on partners' capital contribution made to chit funds and interest claimed on payment to retired partners' outstanding balance - claim of deduction from.....
July 16, 2014 Case Laws Income Tax

Deduction u/s 10B - Failure to produce the Ratification by the Development Commissioner - assessee have been registered with the STPI, is entitled for deduction u/s 10B - AT
July 15, 2014 Case Laws Service Tax

Waiver of penalty u/s 80 - Tribunal was in error holding that there would be no occasion to establish a reasonable cause within the meaning of section 78, once, the......
July 15, 2014 Case Laws Service Tax

Tour and travel services - levy and collection of service tax from the assessee where principal tour operator has paid service tax - assessee failed to prove its case -.....
July 15, 2014 Case Laws Service Tax

Renting of buildings used for the purpose of accommodation including hotels, meaning thereby renting of a building for a hotel, is covered by the exclusionary clause and....
July 15, 2014 Case Laws Service Tax

Appeal before commissioner (Appeals) - appeal was singed by the brother of assessee - the same is a rectifiable defect and the applicant can sign the last page of the......
July 15, 2014 Case Laws Central Excise

Cenvat Credit - Availing credit without receipt of inputs being pet coke - revenue failed to substantial its claim - credit allowed - AT
July 15, 2014 Case Laws Central Excise

CENVAT Credit - torage of goods outside the factory premises at nearby premises own by the assessee - storage beyond the excisable area - difference of opinion - matter.....
July 15, 2014 Case Laws Central Excise

Shifting of factory - transfer of unitlized cenvat credit to another factory - lower authority have not referred to any provisions of law requiring prior permissions -.....
July 15, 2014 Case Laws Central Excise

Benefit of CENVAT credit - even if process undertaking by the assessee is not amounting to manufacture since duty has been paid after value addition, which is higher......
July 15, 2014 Case Laws VAT and Sales Tax

Levy of tax and interest - incentives to mega projects - assessee instead of depositing tax adjusted the same with refund entitlement - no interest liability - HC
July 15, 2014 Case Laws Companies Law

Dishonour of cheques - prosecution of directors - complaint u/s 138 r.w.s 141 of the Negotiable Instruments Act, 1881 - for maintaining the prosecution u/s 141,......
July 15, 2014 Case Laws Income Tax

Addition u/s 68 - Where the loan creditors have shown the amount advanced to the assessee in the income tax return filed with the Income Tax Department and the......
July 15, 2014 Case Laws Income Tax

The brought forward business loss is to be allowed set off of against the speculation income assessable for the current year - AT
July 15, 2014 Case Laws Income Tax

Partner’s remuneration u/s 40(b) - The manner of computing the remuneration is not specified - the remuneration payable is left to future mutual agreement between the......
July 15, 2014 Case Laws Wealth-tax

AO was justified in holding that it was not practicable to apply Rule 3 in the instant case and rightly referred the matter to the Valuation Officer u/s 16A of wealth tax act - SC
July 14, 2014 Case Laws Service Tax

Consulting engineer service - scope of taxable service - It is only with effect from 1.5.2006 that a body corporate comes within the ambit of ‘consulting engineer’......
July 14, 2014 Case Laws Service Tax

After giving a finding that the Appellant’s activity is not ‘support service of business or commerce’ demand confirmed considering the activity as ‘business auxiliary......
July 14, 2014 Case Laws Central Excise

CENVAT Credit - Input Services - The conduct of the Learned Commissioner, ignoring judicial discipline, amounts to clear judicial indiscipline and irresponsible exercise....
July 14, 2014 Case Laws Central Excise

Registered dealer - demand on account of excess sale of certain steel products from BSO, Bhilai as compared to the quantity of those products received from the......
July 14, 2014 Case Laws Central Excise

Duty of duty of excise as well service tax on the same transaction - sale and marketing of excisable goods i.e. tobacco products - Stay granted - AT
July 14, 2014 Case Laws Central Excise

Interest on delayed refund - Just because the appellant by the letters had given up their claim for interest, they would not be estoppel from challenging the denial of......
July 14, 2014 Case Laws Central Excise

Provisional assessment - Rule 7 of the Central Excise Rule, 2002 does not provide for order of provisional assessment by the department and the said Rule deals with only....
July 14, 2014 Case Laws VAT and Sales Tax

Unauthorise realization of taxes by the petitioner from the cinema goers - scheme of exemption versus scheme of grant-in-aid - assessee to deposit the amount with the government - HC
July 14, 2014 Case Laws VAT and Sales Tax

Recovery of the sales tax/ trade tax dues from directors - The mere fact that the Company has failed to pay the dues is by itself insufficient to invoke the doctrine of.....
July 14, 2014 Case Laws VAT and Sales Tax

Issuance of Form D - Commissioner committed a manifest error in its order issued under Section 59 of the Act in holding that a person engaged in the construction of......
July 14, 2014 Case Laws Income Tax

Remuneration paid to partners - remuneration is not specified - manner of computing the remuneration is not specified - remuneration payable is left to future mutual......
July 14, 2014 Case Laws Income Tax

Transfer pricing adjustments - determination of ALP - Functional profile not considered – transactions are akin to trading and cannot be considered activities of a......
July 14, 2014 Case Laws Income Tax

Addition u/s 69B – investments not fully disclosed - Average market value of land – AO could not have invoked the provisions of section 69B to fasten the addition on the....
July 14, 2014 Case Laws Income Tax

Application of section 40A(3) - purchase of mobile recharge vouchers on a wholesale basis - Involvement of cash payment – the disallowance made by the AO by invoking......
July 14, 2014 Case Laws Income Tax

Expenditure has clearly being incurred by the assessee on capital account for the purpose of share capital- the expenditure cannot be allowed as a revenue expenditure......
July 14, 2014 Case Laws Income Tax

Reopening of assessment u/s 147 - AO found depreciation to be excessive on the basis of tax audit report, the eligible depreciation certified by the tax auditor......

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