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Highlights / Annotations / Catch Notes For July of 2016

Home Highlights July July 2016 Year 2016

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Showing 201 to 250 of 513 Records

1 2 3 456 7 8 9........ 11

July 18, 2016 Case Laws Service Tax

Refund of accumulated cenvat credit - Visa charges was explained by the learned counsel for appellant to be service tax paid on services consumed for visa interview of......
July 18, 2016 Case Laws Central Excise

Tribunal granted the full waiver from pre-deposit without assigning any reason - revenue in appeal - prejudice to the interest of public revenue - As the Tribunal has......
July 18, 2016 Case Laws Central Excise

Rebate/Refund claim - proper document - It is a settled issue that benefit under a conditional notification cannot be extended in case of non-fulfilment of conditions......
July 18, 2016 Case Laws Central Excise

Rebate/ Refund claim - merchant exporters - The duty was paid @ 10% instead of 4% - rebate is admissible only to the extent of duty paid at the effective rate of duty......
July 18, 2016 Case Laws VAT and Sales Tax

The point of sale of the crude oil - sale of crude oil by the petitioner from the Barmer Oil Fileds to MRPL etc., all nominated by the Central Government, under clause 1....
July 18, 2016 Case Laws VAT and Sales Tax

Blocking TIN Number of the petitioner-company from accessing the facility i.e. the website of the respondents-authorities - even if any tax is due from the petitioner,......
July 18, 2016 Case Laws Income Tax

Transfer of cases - The present Writ Petitions are only an attempt to thwart the assessment proceedings, especially when, the assessment beyond 31.03.2016, would become.....
July 18, 2016 Case Laws Income Tax

Project development expenditure - there is no concept of deferred revenue expenditure in the Act, except under specific section, i.e. where amortisation is specifically.....
July 18, 2016 Case Laws Income Tax

TDS u/s 194C or 194J - payments made for supplying copies of final negative - TDS needs to be deducted under section 194C - AT
July 18, 2016 Case Laws Income Tax

Eligibility for deduction u/s. 80IB - the exchange rate fluctuation gain does not have any first degree nexus with the export sales of the assessee. In the absence of......
July 18, 2016 Case Laws Income Tax

Bogus purchase - The supplier parties to whom cheque payments were made for purchases booked in books of account, returns the corresponding cash back to the assessee......
July 18, 2016 Case Laws Income Tax

Merely because the assessee had divided bigger plot into small plots does not establish the same to be business activity carried on by the assessee or adventure in the......
July 18, 2016 Case Laws Income Tax

Bogus purchase - Though purchases were from bogus parties nevertheless purchases themselves were not bogus. - in the absence of the purchases, there could not be sales -....
July 18, 2016 Case Laws Income Tax

Revision u/s 263 - AO considered the FMV at ₹ 300 per sq.ft. as on 1.4.1981 as submitted by the assessee without bringing any comparable cases or referring the......
July 18, 2016 Case Laws Income Tax

Depreciation u/s 32 - registration of vehicles has not been transferred in the name of the appellant under the Motor Vehicles Act - the assessee has rightly claimed......
July 18, 2016 Case Laws Income Tax

Non- genuine purchases - when the sales effected by the suppliers are accepted in their hands, the purchases made from them by the assessee cannot be held to be non- genuine. - AT
July 16, 2016 Case Laws Income Tax

Tribunal was right in law in deleting the addition made on account of difference in stock statement as furnished before the bank as compared to shown in books of account....
July 16, 2016 Case Laws Income Tax

Addition u/s 68 - The burden is upon the assessee to prove the necessary ingredients of section 68. Once the assessee failed to do so the consequences were bound to follow. - HC
July 16, 2016 Case Laws Income Tax

Expenditure towards bank charges - revenue or capital - when did business is set up? - That eventuality cannot arise unless the business has actually been set up.......
July 16, 2016 Case Laws Income Tax

Commission expenditure - When the primarily evidence of nature of services rendered for which Assessee paid commission is not on record, it is not possible to say......
July 16, 2016 Case Laws Service Tax

Extended period of limitation - The show-cause notice issued beyond the period of one year from the date of acquiring knowledge is time barred. As there is no allegation....
July 16, 2016 Case Laws Central Excise

Rabte / refund claim - Export of goods after 6 months from the date of clearance of goods from factory - violation to permission of Notification No.19/2004-CE(NT) dated.....
July 16, 2016 Case Laws Central Excise

Rebate / refund claim - applicant exported the goods procured from the manufacturer and filed rebate claim - original authority has rightly rejected the rebate claims......
July 16, 2016 Case Laws Central Excise

Extended period of limitation - it cannot be held that the appellant had willfully suppressed the fact of irregular cenvat credit in case of input service of traveling......
July 16, 2016 Case Laws Central Excise

Claim of refund after surrender of registration certificate - un-utilized cenvat credit - export of goods - there is no express prohibition in terms of Rule 5 - refund allowed - Tri.
July 16, 2016 Case Laws Central Excise

Refund claim - valuation - price escalation - the customers have refused the payment of the price escalation invoices raised by the appellants. From this, it is evident.....
July 16, 2016 Case Laws Customs

Claim of refund of duty involved in procurement of High Speed Diesel (HSD) - HSD is being used for various operations in SEZ unit (Dahej Special Economic Zone) -......
July 16, 2016 Case Laws Customs

Classification - import of heavy duty crane cum pipe laying ship - self propelled ship or not - the classification of the vessel LTS 3000 would be correct under 8901 or.....
July 16, 2016 Case Laws Customs

Diversion of goods meant for export to DTA - export of High Carbon Ferro Chrome (HCFC) - The delay in informing the department in our opinion is only an inadvertent......
July 15, 2016 Case Laws Service Tax

Demand of interest and penalty - VCES, 2013 - Credit of payment made before introduction of scheme was not given - The impugned letter dated 03.12.2015, to the extent......
July 15, 2016 Case Laws Service Tax

Levy of penalty u/s 77 & 78 of the Finance Act, 1994 - validity of invocation of Section 80 by learned Commissioner (Appeals) for setting aside penalties while......
July 15, 2016 Case Laws Central Excise

Recovery of refund claim - whether refund already granted by the adjudicating authority can be recovered by issuing a show cause notice, without filing appeal......
July 15, 2016 Case Laws Central Excise

Admittedly, excise duty is leviable on goods manufactured and if there is no manufacturing activity involved, as held by the lower authorities, for the purpose of......
July 15, 2016 Case Laws Central Excise

Claim of refund - valuation - whether refund of VAT and interest received from the banks are not liable to be tax as duty of excise - any amount paid by the appellant......
July 15, 2016 Case Laws Central Excise

Cenvat Credit - input service credit on Courier services and record keeping charges service - period of December’ 2013 to November’ 2014 - credit allowed - AT
July 15, 2016 Case Laws Customs

Import of soda ash against Duty Free Import Authorization (DFIA) Scheme - Re-validation - various restrictions introduced by the impugned Notification No 31 dated......
July 15, 2016 Case Laws Companies Law

Ingenuine demat account holder - getting excessive number of shares in an irregular manner - The transfer of shares did not comply with the requirements of the provision....
July 15, 2016 Case Laws Indian Laws

Dishonour of cheques - proceedings were initiated under the Negotiable Instrument Act - Counter complaint was filing against the complainant u/s 411 read with Section......
July 15, 2016 Case Laws Income Tax

Since assessee has incurred the expenditure on issue of convertible debenture, which is directly related to the expansion of capital base of the company, such......
July 15, 2016 Case Laws Income Tax

AO cannot mechanically apply the provisions of Rule 8D for the purpose of disallowance u/s 14A of the Act. In our opinion, the same could be used only as a last resort......
July 15, 2016 Case Laws Income Tax

In the given circumstances, the CIT(A) could not have question the maintainability of the application of the Assessee before the DIT(E) u/s. 264 of the Act. - AT
July 15, 2016 Case Laws Income Tax

Penalty u/s. 271(1)(c) - just because no explanation has been offered by the assessee during the penalty proceedings the Ld. AO cannot automatically proceed to levy......
July 15, 2016 Case Laws Income Tax

Levy of penalties u/s. 271B and 271F - non filing of tax audit report and non filing of return in time - It is very unlikely that they would remain silent with regard to....
July 15, 2016 Case Laws Income Tax

Penalty u/s 271(1)(c) - The show cause notice u/s. 274 of the Act is defective as it does not spell out the grounds on which the penalty is sought to be imposed. - No penalty
July 14, 2016 Circulars Income Tax

CBDT issues another Clarifications on the Income Declaration Scheme, 2016 (IDS)
July 14, 2016 Case Laws Service Tax

Recovery proceedings - Failure to deposit the amount of service tax delcared in the VCES 2013 - it shall always be open for the respondent authorities to take necessary.....
July 14, 2016 Case Laws Service Tax

Refund of cenvat credit - eligible input services - For exported of services, they consumed various services in India - It was explained by the counsel that each of the.....
July 14, 2016 Case Laws Service Tax

Rejection of rectification application u/s 74 - rectification in the quantification of the Service Tax demanded - bare perusal of the petition for rectification would......
July 14, 2016 Case Laws Central Excise

Extended period invoked - duty demand - It is a well settled law that when during the relevant period, there were decisions in favour of the assessee, he cannot be......
July 14, 2016 Case Laws Central Excise

Cenvat Credit - When the buyer always opt to take delivery of the goods only upon pre-dispatch testing. The place where such testing was carried out was subjected to......

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