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Highlights / Annotations / Catch Notes For July

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Showing 4651 to 4700 of 6408 Records

1 ....90 91 92 939495 96 97 98........ 129

July 5, 2016 Case Laws Income Tax

Rejecting the Trust registration application u/s 12A on the ground that it is filed late is not correct because, registration can be granted prospectively
July 5, 2016 Case Laws Income Tax

Merely having a reason to believe that income had escaped assessment is not sufficient to reopen assessments beyond 4 year period. Escapement should be linked with......
July 5, 2016 Case Laws Income Tax

If no incriminating material (representing undisclosed income or undisclosed assets belonging to the assessee) found during the course of search - addition cannot be......
July 5, 2016 Case Laws Income Tax

Expenses, which were not incurred wholly and exclusively for the purposes of earning the income from other sources, cannot be allowed deduction u/s 57.
July 5, 2016 Case Laws Income Tax

While computing annual value of property which has been let out - disallowance made on account of brokerage charges, legal expenses, maintenance charges and insurance......
July 5, 2016 Case Laws Income Tax

Assessee unable to substantiate the money deposited in his bank accounts - Addition u/s 68 confirmed - The benefit of "peak credit principle" not extended Note:- On......
July 4, 2016 Case Laws Service Tax

Recovery of tax u/s 87 from successor of deceased proprietor - SCN was issued to the deceased but could not be adjudicated during his life time - garnishee notices -......
July 4, 2016 Case Laws Service Tax

Demand of service tax from the Sub-contractor - Demand of service tax with interest confirmed - Levy of penalty u/s 77 & 78 waived invoking the provisions of section 80- AT
July 4, 2016 Case Laws Central Excise

When a specific plea regarding violation of principles of natural justice is raised, CESTAT, Chennai, is bound to record a specific finding, which is conspicuously......
July 4, 2016 Case Laws Central Excise

Cenvat credit on inputs / capital goods used in installing the Captive Power Plant and Captive Power Plant is a Turnkey project which was not excisable - Tribunal......
July 4, 2016 Case Laws Central Excise

Prosecution proceedings u/s 9/9AA of the Central Excise Act, 1944 - the adjudication proceeding has not been finally determined in favour of the revisionists, criminal......
July 4, 2016 Case Laws Customs

Proper officer - Validity of Show cause notice issued by the Additional Director General, Directorate of Revenue intelligence - retrospective Amendment to Section 28 w.e....
July 4, 2016 Case Laws VAT and Sales Tax

Provisional attachment of personal property of the director in case of company - recovery of tax - Input tax credit - dealer would be the company and not the directors -....
July 4, 2016 Case Laws VAT and Sales Tax

Classification of the product Wire Mesh - an article manufactured to serve as a part of a particular kind of apparatus would not cease to be covered by the intended......
July 4, 2016 Case Laws Income Tax

Payment for use of technical know-how and trademark/logo - it is patent that the payment has been made by the assessee for ‘use of ’ trademarks and not for acquiring......
July 4, 2016 Case Laws Income Tax

Section 115BBC - Anonymous Donations - Confirmation obtained from donors during the course of remand proceedings, therefore, impugned donations are no more anonymous in nature.
July 4, 2016 Case Laws Income Tax

Assessee association having primary purpose of advancement of objects of general public utility, therefore it would remain charitable even if an incidental activity for.....
July 4, 2016 Case Laws Income Tax

Since the assessee is working as sole selling agent the provisions of section 194J or 194C and 40(a)(ia) not attracted where the payment is made directly to the......
July 4, 2016 Case Laws Income Tax

TDS u/s 195 - Technical service would be FTS/FIS only when technical knowledge made available i.e. only if the twin test of rendering services and making technical......
July 4, 2016 Case Laws Income Tax

Addition u/s 68/56(2)(v) - Donors very grim financial background does not justify gift of such a large sum, creditworthiness/financial capacity of donors not proved.......
July 4, 2016 Case Laws Income Tax

Assessee has claimed the expenses of foreign travelling of both the directors who are husband and wife - Allowability of said expense is a debatable issue - penalty u/s.....
July 4, 2016 Case Laws Income Tax

(i) Year of taxability of income - as per regular method of accounting and not as per the year in which TDS has been deducted (ii) Loan processing fees paid for purchase....
July 4, 2016 Case Laws Income Tax

Assessee neither challenged reopening nor has been able to disprove the finding of AO - penalty leviable u/s 271(1)(c) as assessee furnished inaccurate particulars and......
July 4, 2016 Case Laws Income Tax

Rate of tax - Maximum Marginal Rate (MMR) - If there is violation of Section 13 read with Section 11, MMR can be applied only to that sum which was considered u/s 13 and....
July 4, 2016 Case Laws Income Tax

House property conveyed to the assessee by means of settlement deed subject to his mother's life interest over such property cannot be considered as one of the......
July 4, 2016 Case Laws Income Tax

Penalty u/s 271(1)(c) - Since the entire addition u/s 68 has not been conclusively proved and it is based on assumption and not by verification, penalty u/s 271(1)(c) deleted
July 2, 2016 Case Laws Service Tax

Extended period of limitation - demand of service tax - Valuation - The Show Cause Notice does not even remotely bring out as to how it was a wilful act to evade service....
July 2, 2016 Case Laws Service Tax

Rejection of Refund of cenvat credit without issuing show cause notice - export of services - wrong application of formula prescribed in the Notification......
July 2, 2016 Case Laws Service Tax

Classification of service - nature of contract - There is no whisper in the contracts for supply of manpower - The entire essence of contract is the execution of work......
July 2, 2016 Case Laws Customs

Interest liability on the differential duty of the customs which was paid after 103 days from the date due to be paid to the national exchequer - since there is no......
July 2, 2016 Case Laws Central Excise

Merely making some deposit during the course of investigation on persuasion of the departmental officers does not corroborate that the assessee has cleared the goods......
July 2, 2016 Case Laws Central Excise

Cash refund of unutilized cenvat credit - assessee entitled to get refund lying unutilized in their Cenvat credit account on the closure of their factory - AT
July 2, 2016 Case Laws Central Excise

Levy of Penalty - manual filing of returns - department has been accepting their manual returns and after 5 years, issued notice for imposing penalties for not filing......
July 2, 2016 Case Laws Central Excise

Demand of duty on sugar syrup consumed captively for manufacture of exempted finished goods - test of marketability - what is relevant is the test of marketability and......
July 2, 2016 Case Laws Central Excise

Duty liability on samples drawn for testing within the factory premises - drawing of samples and removal of samples are two different events and it is only the latter......
July 2, 2016 Case Laws VAT and Sales Tax

Benefit of sales tax exemption - sale price were same from the exempted and non-exempted units - Uniform pricing cannot be a ground to hold that the respondent was......
July 2, 2016 Case Laws Income Tax

Assessee (tenant) incurred expenditure on renovation of premises, however assessee did not get any benefit of lower rent, therefore the entire expenditure cannot be......
July 2, 2016 Case Laws Income Tax

Assessee unable to substantiate the money deposited in his bank accounts - Addition u/s 68 confirmed - The benefit of "peak credit principle" not extended.
July 2, 2016 Case Laws Income Tax

AO would have considerable latitude in issuing notice for re-opening if it is found that he had tangible material to form a belief that income chargeable to tax had......
July 2, 2016 Case Laws Income Tax

Minor delay in filing the declaration u/s 206C(1A) would not defeat the very purpose of declaration - Addition made u/s 206C(1)deleted
July 2, 2016 Case Laws Income Tax

It is by now well settled that reopening of an assessment cannot be resorted to for roving or fishing inquiry.
July 2, 2016 Case Laws Income Tax

Minute scrutiny made in original assessment. Without there being anything additional on record, it would therefore, not be permissible for the Assessing Officer to......
July 2, 2016 Case Laws Income Tax

In case of cash credit account or term loan accounts, there is no debtor-creditor relationship between the bank and the assessee, therefore power of recovery given under....
July 2, 2016 Case Laws Income Tax

Mere recalling an earlier order by ITAT, in exercise of the powers conferred on the tribunal under the proviso to Rule 25 of Income-Tax (Appellate Tribunal) Rules, 1963,....
July 2, 2016 Case Laws Income Tax

Ad-hoc deduction allowed at 25% for purchase expenditure, as admittedly corresponding sales against these very purchases have been offered and accepted for tax
July 2, 2016 Case Laws Income Tax

Where money lending is a substantial part of the business of the company - loan obtained by shareholder is not deemed dividend u/s 2(22)(e)
July 2, 2016 Case Laws Income Tax

Interest free advances and loans given to directors & sister concerns for non business purposes - Assessee had interest free funds of its own basis which addition u/s......
July 2, 2016 Case Laws Income Tax

Product Development Expenditure incurred in the ordinary course of business for promoting existing brands, sustaining market and to push up the sales is Revenue expenditure
July 2, 2016 Case Laws Income Tax

Assessee a salaried employee made some investment in shares. Held, the assessee was in investment of shares not share trading - CBDT Circular no. 6/2016 dated February......
July 1, 2016 Case Laws Service Tax

Refund of service tax paid under the Construction of Residential Complex Service shall be granted directly to the buyers of flat and not to the builder where builder has....

1 ....90 91 92 939495 96 97 98........ 129

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