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Highlights / Annotations / Catch Notes For July of 2015

Home Highlights July July 2015 Year 2015

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Showing 1 to 50 of 427 Records

12 3 4 5........ 9

July 31, 2015 Case Laws Service Tax

Penalties under Section 76, 77 & 78 - when the entire amount of service tax alongwith interest and 25% penalty is paid before the issue of Show Cause Notice then there......
July 31, 2015 Case Laws Service Tax

Refund - determination of relevant date - refund claim filed after the Final Order was passed by the Tribunal holding that no tax was liable to be paid - the time limit.....
July 31, 2015 Case Laws Service Tax

Utilization of excess CENVAT Credit - restriction on utilization upto 20% - utilising the credit in excess of the limit would attract only interest liability. The entire....
July 31, 2015 Case Laws Central Excise

Recovery of tax from successor - SCN was issued before death but could not be adjudicated during his lifetime - an individual proprietor has died through natural causes.....
July 31, 2015 Case Laws Central Excise

Whether the activity of mounting of Water Purification and Filteration System (WPFS) on a base frame amounts to manufacture or not - since the end result of the process....
July 31, 2015 Case Laws Central Excise

Close-Up Whitening dental cleaner is not a 'toothpaste' but other form of dental hygiene and, therefore will have to be classified under sub-heading 3306.90 as a consequence - SC
July 31, 2015 Case Laws Central Excise

Job Work - revenue allege that JRE was not an independent job unit but was a dummy created and nurtured with the single motive that cost of manufacture be reduced by......
July 31, 2015 Case Laws VAT and Sales Tax

Review of order - Whether on the facts and circumstances of the case, it was a case fit for revision under Section 40 of the Haryana General Sales Tax Act, 1973 or a......
July 31, 2015 Case Laws VAT and Sales Tax

Demand of interest and penalty - Assessee paid excess Input Tax Credit - assessee is liable to pay interest only on the dues rising on assessment after adjusting the......
July 31, 2015 Case Laws Income Tax

Reopening of assessment - On such a fundamental lapse on the part of the Assessing Officer in disposing of the objections was pointed out to us, we expected the......
July 31, 2015 Case Laws Income Tax

Tax Collection at Source (TCS) u/s 206C - import of timber from abroad - circumstance under s. 44AC was introduced or the consequence of deletion of the said provision w....
July 31, 2015 Case Laws Income Tax

Fringe benefit tax u/s 115WE - FBT - When the assessee admits of a possibility of the air craft having been used for the use of benefit of employee, to plead otherwise......
July 31, 2015 Case Laws Income Tax

Rental income of letting out property simplicitor was chargeable to tax under the head income from house property and not as business income irrespective of the fact......
July 31, 2015 Case Laws Income Tax

Reassessment - assessee did not place his wiliness or desire before the AO after receipt of notice u/s 148 of the Act until completion of reassessment proceedings on......
July 31, 2015 Case Laws Income Tax

Disallowance on account of loss on account of forgery - No remedial measures have been taken to recover loss of ₹ 36 lakhs which is substantial amount. Not even a....
July 31, 2015 Case Laws Income Tax

Due to failure of the assessee’s counsel and due to unavoidable circumstances for non-producing the relevant evidence and non-appearance before the Revenue Authorities,.....
July 31, 2015 Case Laws Income Tax

TDS u/s 194C or u/s 194J - payment for carriage of goods from the customer's trailers up to the vessel in case of export and vice versa in case of import of goods -......
July 31, 2015 Case Laws Income Tax

Acquiring satellite rights of films - whether are in the nature of 'royalty' as defined u/s. 9(1) Explanation (2) of the Income Tax Act thereby requiring deduction of......
July 30, 2015 Case Laws Service Tax

Cenvat Credit - Reversal in case of Job work availing Exemption under Notification No. 8/2005 ST dated 01.03.2005 - Rule 6(1) of the Cenvat Credit Rules, 2004 cannot be....
July 30, 2015 Case Laws Service Tax

Valuation - deduction of value of material used in the retreading of tyres - Notification No. 12/2003-ST dated 20.6.2003 - Merely because no rules are framed for......
July 30, 2015 Case Laws Service Tax

CENVAT Credit - Having held that the legal services were provided to the dealers located outside India, for which the company has paid service consideration as also......
July 30, 2015 Case Laws Service Tax

Manpower Recruitment or Supply Agency service - deputation of staff to subsidiaries/group companies for stipulated work for a limited period cannot be considered as......
July 30, 2015 Case Laws Central Excise

CENVAT Credit - GTA - place of removal - Since the sale had concluded only after the delivery of the goods was made at the address of the buyer, assessee would be......
July 30, 2015 Case Laws Customs

Classification of vessels - Offshore Hunter - the correct classification would be CSTH 89019000 which covers "Other vessels for transport of the goods and other vessels.....
July 30, 2015 Case Laws VAT and Sales Tax

Classification of sale - auction by the forest corporation is an intrastate sale and not inter-state sale - HC refused to issue mandamus to the revenue to accept Form-C.....
July 30, 2015 Case Laws Income Tax

Payment made on account of royalty to State Govt - payment of royalty in excess of 20% - Section 6A(4) of the Oilfield (Exploration and Development Act), 1948 -......
July 30, 2015 Case Laws Income Tax

Disallowance of Prior Period Expenses - if the prior period expenditure is disallowed on the ground that it does not pertain to this year, the assessing officer cannot.....
July 30, 2015 Case Laws Income Tax

Remission of unsecured loans - Assessee was not carrying on the business of obtaining loans and therefore the remission of loan cannot be considered to be a benefit......
July 30, 2015 Case Laws Income Tax

Offerings at the temple received in donation boxes - it is generally not only difficult but also not possible to maintain records - cannot be taxed as Anonymous......
July 30, 2015 Case Laws Income Tax

Re-compute the deduction u/s 10A - The increase in sale price as a result of currency fluctuation impacts the sale price on which the exemption is to be calculated. - AT
July 30, 2015 Case Laws Income Tax

Diversion of income by overriding title - payment to expartners or spouses of deceased partners - amount was a prior and overriding charge on the receipts of the firm in....
July 30, 2015 Case Laws Income Tax

Tax Audit - Determination of turnover for the purpose of section 44AB - assessee was having bona fide belief that his case is not liable to audit of the books as the......
July 30, 2015 Case Laws Income Tax

Capital gain - Valuation of property - stamp valuation u/s 50C - if any variation in valuation came on account of final decision of Additional Collector (Stamp), can be....
July 29, 2015 Case Laws Service Tax

Denial of CENVAT Credit - Whether certain pollution control services availed by the appellant are eligible to CENVAT Credit under CENVAT Credit Rules 2004 - Held Yes,......
July 29, 2015 Case Laws Service Tax

Penalty u/s 76, 77 & 78 - non-payment of service tax due to financial hardship - there was a reasonable cause and the case of the Appellant is covered by the provisions.....
July 29, 2015 Case Laws Service Tax

CENVAT Credit - If service tax has been paid by the service provider and service receiver is eligible for the credit, it is not the responsibility of the service......
July 29, 2015 Case Laws Central Excise

Denial of refund claim - period of limitation - if the appellant was disputing the levy of duty and was agitating that no duty was payable and that payment was being......
July 29, 2015 Case Laws Central Excise

Invocation of extended period of limitation - relevant date u/s 11A - date of knowledge or the date of discovery of the fraud by the Revenue is neither determinative nor....
July 29, 2015 Case Laws Income Tax

Penalty levied under Sec.271C - Ignorance of law, it is trite, is no excuse in law and if that be so, ignorance of law cannot also be a reasonable cause as contemplated....
July 29, 2015 Case Laws Income Tax

Claim of registration under Section 12A - The question of assessing the activities of the Trust would arise only after the Trust is registered and carries on the......
July 29, 2015 Case Laws Income Tax

Reopening of assessment - On issuance of show cause notice by the DRI, the AO has formed an opinion about there being escapement of income of the assessee chargeable to.....
July 29, 2015 Case Laws Income Tax

The properties acquired by the assessee during the year were being used for the purpose of business and, therefore, the assessee was entitled for the depreciation, and......
July 29, 2015 Case Laws Income Tax

Chargeability of interest income - interest received in the period prior to commencement of business was in the nature of capital receipt and hence was required to be......
July 29, 2015 Case Laws Income Tax

Disallowance of expenses - The only ground on which the AO has disallowed is that at the time of inspection, very few of the employees of the contractor were present at.....
July 29, 2015 Case Laws Income Tax

Short deduction of TDS from salary u/s 192 - Disallowance of deduction u/s 80C - The contribution made by the employees is to be treated as contribution to Government......
July 29, 2015 Case Laws Income Tax

Depreciation @ 15% on the electrical installations and further additional depreciation of 10% - electrical installation was to be treated as part of plant and machinery.....
July 29, 2015 Case Laws Income Tax

Revision u/s 263 by CIT(A) - regarding service tax issue - there is no query as to whether the service tax payment is allowable expenditure or not because the receipt......
July 29, 2015 Case Laws Income Tax

The order passed by the AO u/s 143(3) making addition by applying wrongly the peak redit theory without enquiring in to all the relevant aspects was erroneous as well as....
July 29, 2015 Case Laws Income Tax

Speculative transaction - Section 43 r.w.s. 73 - if the derivative transaction is in excess of export turnover, then that loss suffered in respect of that portion of......
July 29, 2015 Case Laws Income Tax

Deduction claimed u/s.80IA - turbine division - generation of power unit is separate and distinct undertaking for which separate approval was obtained and it cannot be......

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H: Genuine anonymous donations not taxable. Grants not income if utilized...

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H: Simplified taxation for non-resident shipping biz: 7.5% presumptive in...

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F: INTERMEDIARY SERVICES OR EXPORT SERVICES

F: assessment order

F: Transfer of ITC without filing ITC-02

N: Exemption from specified income U/s 10(46) of IT Act 1961 – ‘National ...

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F: PRE-DEPSOIT ISSUES

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