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Highlights / Annotations / Catch Notes For July of 2014

Home Highlights July July 2014 Year 2014

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Showing 251 to 300 of 397 Records

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July 9, 2014 Case Laws VAT and Sales Tax

Whether the dealer, who is executing the works contract, is entitled for the deduction of amounts pertaining to the depreciation on trippers, maintenance expenses of......
July 9, 2014 Case Laws Income Tax

Order u/s 201(1)/201(1A) of the Act – four years was a reasonable period for passing an order u/s 201(1)/201(1A), particularly when no limitation was prescribed - AT
July 9, 2014 Case Laws Income Tax

Nature of expenses - Revenue or capital - Loss of extinguishment of debt – Expenses on cancellation of debentures – Assessee foreclosed the loan account by paying some......
July 9, 2014 Case Laws Income Tax

Income to be offered for tax – though the liquor license was issued in the name of individual but, the liquor business was carried on by the company - income not taxable....
July 9, 2014 Case Laws Income Tax

Computation of income from shipping business u/s 44B - the assessee firm is the managing owner and in that capacity only, it manages the affairs of these two companies -....
July 9, 2014 Case Laws Income Tax

Business income or income from other sources – Invocation of section 68 is confirmed in relation to the credit/s, assessing them under the residuary head of income, i.e....
July 9, 2014 Case Laws Income Tax

Re-opening of assessment u/s 148 - The words of the statute are ‘reason to believe' and not ‘reason to suspect' - The reopening of an assessment is a serious matter and....
July 9, 2014 Case Laws Income Tax

Provision for post-retirement medical benefits to employees – post-retirement medical benefit is also a liability which gets attached to the company the moment, the......
July 8, 2014 Case Laws Service Tax

Short-payment - Interest paid but paid under separate heading - Payment was made under a different Head should not result in denial of benefit of such payment and......
July 8, 2014 Case Laws Service Tax

Commercial or industrial construction service - construction of Bharat Ghar - letter issued by the Greater Noida Authority requires to be considered and appreciated, to.....
July 8, 2014 Case Laws Service Tax

Refund - export of services - Notification 17/09 - exports that have taken place prior to its issuance - refund to be allowed since Notification 17/09-ST does not bar......
July 8, 2014 Case Laws Service Tax

Whether the appellant having taken the services or operated under the authorization given to these persons would get covered under the category of Port services or not -....
July 8, 2014 Case Laws Service Tax

Valuation - repair and maintenance of transformers - value of spare parts sold by a service provider is not required to be taken into consideration if the same are......
July 8, 2014 Case Laws Central Excise

Assembly of CNG Kit - whether the very act of collecting various components and fitting them into a box for installation in the CNG would amount to manufacture - Held no - AT
July 8, 2014 Case Laws Central Excise

Duty demand - simple failure of non-accounting of goods in the RG 1 register do not invite confiscation of the same or imposition of penalty unless there is evidence to.....
July 8, 2014 Case Laws Central Excise

Cenvat Credit - exempted by-product - Whether 8% of the amount is required to be discharged - liability to pay the said amount would not arise in respect of exempted by-product. - AT
July 8, 2014 Case Laws Central Excise

100% EOU - demand of duty - grey fabrics manufactured cleared to DTA units - appellant obtained raw materials duty free i.e. without payment of duty removed......
July 8, 2014 Case Laws Central Excise

CENVAT Credit - whether the appellants are eligible to take Cenvat credit on MS plates, channels, beams, angles, etc. - prima facie, benefit of Cenvat credit cannot be.....
July 8, 2014 Case Laws VAT and Sales Tax

Constitutional validity of certain provisions of the Tripura Value Added Tax Act, 2004 - writ petition rejected with heavy cost - HC
July 8, 2014 Case Laws VAT and Sales Tax

Liability to sale tax - Rate of tax - Inter-State sale of the goods or not - Bombay High does not form part of any State of Union of India - not liable for CST - HC
July 8, 2014 Case Laws VAT and Sales Tax

Attempt to evasion of tax -Since it is found that the buyer has become the owner of the goods, penalty can be imposed on him only if it is proved that he had colluded......
July 8, 2014 Case Laws Income Tax

Period of limitation for declaring Assessee in default - time limit for proceedings u/s 201(1) and (1A) - tribunal fixed it to 4 years - order of tribunal sustained - HC
July 8, 2014 Case Laws Income Tax

Obligation to pay advance tax - Revision of estimate - it can be reasonably inferred that the appellant acted bonafidely in not revising the estimate under Section 209A....
July 8, 2014 Case Laws Income Tax

Deduction u/s 80IB – Business of assembling of computer and servers – manufacturing process -it was a new and distinct product which was coming out, entitling the......
July 8, 2014 Case Laws Income Tax

Establishment of PE in India – service PE - Article 5 of Indo-UK DTAA – It is thus rightly held that the service PE of the assessee is established in India - AT
July 8, 2014 Case Laws Income Tax

Claim of deduction u/s 54 – new house purchased is in a foreign country - assessee is held entitled for claim of deduction u/s. 54 of the Act - AT
July 8, 2014 Case Laws Income Tax

Payment to overseas institution as fees for awarding the degrees, supplying books and course material – There is no transfer of any technical know-how or technical......
July 8, 2014 Case Laws Income Tax

Computation u/s 153A - assessment order is silent as to whether the assessment for AY 2003-04 was pending as on the date of search and whether any incriminating......
July 8, 2014 Case Laws Income Tax

Deduction on profits and gains u/s 80IB - carrying on the same business in the new unit or stoppage of business in the old unit cannot be a criteria to hold that it is.....
July 8, 2014 Case Laws Income Tax

TDS - activity of carriage of its school children by any mode of transport other than by railways - transport contracts would be covered by Sec. 194C and not Sec. 194I - AT
July 8, 2014 Case Laws Income Tax

Double deduction of expenses towards excise duty – effect of increase of closing stock was neutralised by debiting to the P & L account - matter remanded back for verification - AT
July 7, 2014 Case Laws Service Tax

Commercial training and coaching services - providing computer training which is recognized - The certificate is issued by Maharashtra State Board of Vocational......
July 7, 2014 Case Laws Service Tax

Works contract service - valuation - divisible or indivisible contract - Service of Erection, Commissioning and Installation - valuation to be done according to invoice raised - AT
July 7, 2014 Case Laws Service Tax

Waiver of pre deposit - dispute would be only of the interest for the period of delay in discharge of tax liability - directing the appellant to deposit 50% of service......
July 7, 2014 Case Laws Central Excise

Valuation - In the absence of any flow-back from the dealer to the respondent-assessee, the question of including PDI and after-sale service charges in the assessable......
July 7, 2014 Case Laws Central Excise

Denial of Cenvat credit - capital goods or inputs - Classification of goods - classification of the goods cannot be changed at the hands of the recipients of ‘inputs’......
July 7, 2014 Case Laws VAT and Sales Tax

Denial of input tax credit - Assessee filed Nil returns - The revised returns were filed only after inspection, etc., and therefore, cannot be accepted as a voluntary......
July 7, 2014 Case Laws Income Tax

Nature of Government Securities – Notwithstanding that in the balance sheet, it is shown as investment, for the purpose of Income-Tax Act, it is shown as stock-in-trade,....
July 7, 2014 Case Laws Income Tax

Jurisdiction u/s 263 of the Act – Exemption u/s 11 and 12 - action of the assessing authority in treating the assessee as an association of persons - HC
July 7, 2014 Case Laws Income Tax

Payments for the equipment and spare parts – Royalty u/s 9(1)(vi) - there is no transfer of rights - not taxable as royalty - HC
July 7, 2014 Case Laws Income Tax

Expenditure u/s 37 of the Act - Remuneration and training of working director – assessee could not substantiate the contentions - additions confirmed - HC
July 7, 2014 Case Laws Income Tax

Addition u/s 69C – Unexplained expenditure - only because parties has given a different accounting treatment in its books of account, it cannot be said that the assessee....
July 7, 2014 Case Laws Income Tax

Income on account of interest treated as income from other sources – Disallowance of remuneration to partners from interest income - deduction allowed considering as......
July 5, 2014 Case Laws Service Tax

Condonation of delay - mis-placement of the records in the office of the assessee cannot be a sufficient ground for condonation of delay. - AT
July 5, 2014 Case Laws Service Tax

Extension of stay granted - Waiver of pre deposit and stay of recovery are two different aspects - order of waiver is not subject to the provisions of Section 35C(2A) - AT
July 5, 2014 Case Laws Service Tax

Penalty u/s 76 & 78 - waiver of penalty u/s 80 - C&F Service - inclusion of reimbursements of expenses - there were divergent views on the issue - penalty waived - AT
July 5, 2014 Case Laws Service Tax

Demand is in respect of the amounts which were received as donations - Club & Association service - As the appellants had not co-operated with the adjudicating authority....
July 5, 2014 Case Laws Central Excise

CENVAT Credit - assesee is paying 8% of the value of exempted goods - Cenvat credit cannot be disallowed if an assessee manufactures only exempted goods for a part of......
July 5, 2014 Case Laws Central Excise

Waiver of pre deposit - cenvat credit - duty paying documents - supplementary invoice - payment of duty due to fraud, suppression of facts etc. - prima facie case is......
July 5, 2014 Case Laws Central Excise

Classification of goods - Chocolate hub - product chocolate clubs would be properly classifiable under heading 1905.90 - AT

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