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Highlights / Annotations / Catch Notes For July of 2016

Home Highlights July July 2016 Year 2016

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Showing 151 to 200 of 513 Records

1 2 345 6 7 8........ 11

July 21, 2016 Case Laws VAT and Sales Tax

Delay in processing and issuing the refund - a direction is issued to the Respondent to process the claim refund made by the Petitioners for the aforementioned periods......
July 21, 2016 Case Laws VAT and Sales Tax

Demand of VAT - higher turnover shown in the Income Tax Return - the morality and intention of an assessee does not enter into the field of adjudication in taxing law......
July 21, 2016 Case Laws Income Tax

Addition of unexplained investments in purchase of agricultural land u/s 69 - This co-purchaser admittedly is not entitled to purchase agricultural lands. We observe......
July 21, 2016 Case Laws Income Tax

Registration under section 12AA - any institution registered under section 6 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act is deemed to be......
July 21, 2016 Case Laws Income Tax

Addition u/s 13(1)(b) - nature of donation - disallowance made on the contribution made by the assessee to Little Flower Monastery - the charitable trust cannot donate......
July 21, 2016 Case Laws Income Tax

Valuation - the fair market value of the property is dependent on several factors which influence valuation and there is no scientific or straight jacket method to value....
July 21, 2016 Case Laws Income Tax

Penalty u/s.271(1)(c) - assessee’s claim for unabsorbed depreciation in the computation of its’ book profit u/s. 115JB a little over 100% - Notably, the provision does......
July 21, 2016 Case Laws Income Tax

Bogus purchases - applicability of sec 69/69A - The onus for the gain associated with the procurement of bills (and purchase of goods from the grey market), we may add,.....
July 20, 2016 Case Laws Income Tax

The assessee’s activity of running play school cannot be said that it is a formal education. In view of the above, we are of the opinion that the assessee is not......
July 20, 2016 Case Laws Income Tax

Disallowance of interest payment - Excessive interest or not - If the companies are paying the same rate of interest as the bank are paying then the public would not see....
July 20, 2016 Case Laws Income Tax

Addition u/s 68 - creditworthiness - The assessee has taken alleged unsecured loan in systematic manner. In some of the cases cash was deposited one or two days before......
July 20, 2016 Case Laws Income Tax

Addition on unexplained money received by the appellant u/s 69A - When the sale deed was executed in the assessment year 2004-05 year, it is not acceptable that the......
July 20, 2016 Case Laws Income Tax

Exemption u/s.11 - as the assessee is carrying on micro finance business in a commercial manner so as to earn profit and there is no iota of charity carried on by the......
July 20, 2016 Case Laws Central Excise

Rebate / refund claim - input stage credit - inputs used in the manufacture of their export goods - claim was rightly rejected on the grounds that the applicant has......
July 20, 2016 Case Laws Central Excise

Valuation - bifurcation between the value of the goods into (i) CPU and (ii) HDD and there by discharging payment of central excise duty only on the former without......
July 20, 2016 Case Laws Central Excise

Manufacture - the steel structures were undeniably fabricated at site, by assembling them piece by piece, the structure came into existence as they were erected at site.....
July 20, 2016 Case Laws Central Excise

Denail of Cenvat Credit - whether bought out items are inputs - The appellant is entitled to take CENVAT credit on the bought-out parts used in the installation of boilers - AT
July 20, 2016 Case Laws Customs

Import of baggage without declaring goods - Levy of penalty - carrying contraband or dutiable goods - the Commissioner (Appeals) has erred in reducing the redemption......
July 20, 2016 Case Laws VAT and Sales Tax

Detention of consignment of betel nuts - proof of ownership of goods - Detention of goods for protecting interest of Revenue is a strong measure and can be permitted......
July 20, 2016 Case Laws VAT and Sales Tax

Claiming special rebate in terms of Section 12(1) of the KVAT Act, 2003 - The petitioner was entitled for rebate for the entire amount paid in terms of Section 12(1) and....
July 20, 2016 Case Laws Service Tax

Merely because repairs of roads and airports is specifically excluded from the definition of “commercial or industrial construction” it could still be brought in under......
July 20, 2016 Case Laws Service Tax

Levy of service tax on sub-contractor - in view of the specific clarifications regarding 'input service' rendered by the sub-contractor, which is used by the main......
July 19, 2016 Case Laws Service Tax

Refund of service tax paid on BAS services - Notification No. 18/2009-ST, dated 07-07-2009 - the non-fulfilment of the conditions is only a procedural lapse and can be......
July 19, 2016 Case Laws Service Tax

Cenvat Credit - eligible input services - appellant have taken membership of Mumbai Cricket Association for the purpose of availing the facility of the club such as......
July 19, 2016 Case Laws Customs

Validity of policy decision - Imposing prohibition on export of Shark fins of all species of Shark - The rationality of the decision cannot be adjudged on a proof of......
July 19, 2016 Case Laws VAT and Sales Tax

Recovery of dues - power of enforcement wing officials to collect cheques - It is very clear that the enforcement wing officials cannot usurp the powers of the assessing....
July 19, 2016 Case Laws VAT and Sales Tax

Attachment of personal property of the employee / nominal director of the company - recovery of dues - GVAT - personal property of the director is not permissible to be attached - HC
July 19, 2016 Case Laws Central Excise

Claim of rebate/ refund - export consignment was not sealed - ARE-Is, did not have a certification of the Central Excise Officer that the export goods were sealed with......
July 19, 2016 Case Laws Central Excise

Manufacture - process undertaken by the respondents do not amount to manufacture as the MS rods, plates, angles etc. remain the same even after the process have been......
July 19, 2016 Case Laws Central Excise

Cenvat Credit on capital goods - the definition of factory as contained in Section 2(e) of CEA, 1944 does not anywhere use the word 'registered premises'. Registration......
July 19, 2016 Case Laws Central Excise

MRP based duty - original authority to ascertain from the relevant invoices if the goods have, indeed, been cleared as multi-piece packs with retail selling price......
July 19, 2016 Case Laws Income Tax

TDS - Sale of pre-packaged software - What the licensee has acquired is only a copy of the copyright article whereas the copyright remains with the owner and the......
July 19, 2016 Case Laws Income Tax

Claim of expenditure of the amount forfeited by the Seller for non-fulfillment of the purchase agreement - assessee is dealer in immovable property and it is for a......
July 19, 2016 Case Laws Income Tax

Transfer pricing adjustment - interest free advances granted by the assessee to its Indian AE - base erosion theory - Tribunal rejected the the contention of the......
July 19, 2016 Case Laws Income Tax

Transfer pricing adjustment - The assessee is not really correct in contending that when the assessee has not reported any income from a particular international......
July 19, 2016 Case Laws Income Tax

The trading loss claimed by the assessee is not a genuine trading loss and the entire transactions have been carried out in a circuitous route among the group concerns......
July 19, 2016 Case Laws Income Tax

Website development is nothing but creation of new asset and the entire expenditure was incurred for the future of the company and also for a long term impact, which is.....
July 19, 2016 Case Laws Income Tax

Penalty u/s 271(1)(c) - In our country’s legal and constitutional frame work, the role assigned to the income tax department is to act like a ‘watch dog’ to ensure that.....
July 19, 2016 Case Laws Income Tax

Deemed dividend addition u/s 2(22)(e) - computation of accumulated profits - it shall not include current year’s proportionate profit, since the current years profit......
July 19, 2016 Case Laws Income Tax

Depreciation on motor car - car purchased in the names of the Directors of the assessee-company - t the assessee company has, in fact, made the investment in purchase of....
July 19, 2016 Case Laws Income Tax

TDS liability - The contention of the Revenue that assessee followed cash system of accounting in respect of the expenses in reference is not correct as the expenses......
July 19, 2016 Case Laws Income Tax

Expenditure incurred under the head land reclamation and afforestation - As soon as the assessee has dug the pits, he is duty bound under the contract to fill those pits....
July 19, 2016 Case Laws Income Tax

TPA - payment of royalty - Since the nature of payment was examined by DRP and it was found as revenue expenditure and the direction of the DRP attained finality, this......
July 19, 2016 Case Laws Income Tax

Disallowance of excess claim of loss - sale of right of film - assessing officer has not brought on record any material to show that identical transaction with identical....
July 19, 2016 Case Laws Income Tax

Profit on sale of deficit stock outside the books - whether the entire deficit stock has to be taken as profit of the assessee or the profit element embedded in the......
July 19, 2016 Case Laws Indian Laws

Rights of secured creditor - It is plain and clear that a secured creditor is not authorised to exert force while taking possession and that is left only to the CMM/DM,.....
July 19, 2016 Case Laws Income Tax

Additional depreciation on ATMs - whether Automated Teller Machines are substantially in the nature of computers - Held Yes - AO directed to allow depreciation @ 60% to ATMs - AT
July 19, 2016 Notifications Income Tax

TPA - where the variation between the arm’s length price determined u/s 92C and the price at which the international transaction or specified domestic transaction has......
July 18, 2016 Case Laws Service Tax

Bail application - Criminal prosecution for non payment of service tax - monetary jurisdiction - o leniency can be shown to such an applicant who only desires to prolong....
July 18, 2016 Case Laws Service Tax

Adjustment of excess payment of service tax - service tax alleged to have been adjusted without adhering to the provisions of Rule 6(4A) and 6(4B) of Service Tax Rules,.....

1 2 345 6 7 8........ 11

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