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Highlights / Annotations / Catch Notes For August of 2014

Home Highlights August August 2014 Year 2014

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Showing 1 to 50 of 355 Records

12 3 4 5........ 8

August 30, 2014 Case Laws Service Tax

Payment of service tax wrongly - Registration number inadvertently indicated in the challan - payment cannot be demanded second time from the appellant - AT
August 30, 2014 Case Laws Central Excise

Confiscation of goods - Clandestine removal of goods - since goods were within factory, means rea manifesting that goods were ready for clandestine removal has not been....
August 30, 2014 Case Laws Customs

Confiscation of goods - the adjudicating authority in this denevo proceedings in respect of other notices and appellants could not have set aside the redemption fine......
August 30, 2014 Case Laws VAT and Sales Tax

Export of goods - when property in the goods passes to the buyer after they have crossed the customs frontier for the purpose of export to a foreign country, the sale is....
August 30, 2014 Case Laws VAT and Sales Tax

Benefit of compounding system of assessment - There being no provision to deny the benefit of section 3(4) of the Act, on the mere ground of the petitioner's inter-State....
August 30, 2014 Case Laws Income Tax

Addition u/s 68 - Mere production of incorporation details, PAN Nos. or the fact that third persons or company had filed income tax details in case of a private limited.....
August 30, 2014 Case Laws Income Tax

Additions in the hands of purchaser (Assessee) – It is a common practice that the property is registered on the circle rate and remaining money is paid as “on-money“ -......
August 30, 2014 Case Laws Income Tax

Allowability of amount u/s 43A - foreign exchange fluctuation - But the word “expenditure” used in context of Section 37(1) would also cover loss even though the said......
August 30, 2014 Case Laws Income Tax

Accrual of expenditure - proceedings initiated by the show-cause notices were dropped - the liability claimed by the assessee as a liability on account of excise duty......
August 30, 2014 Case Laws Income Tax

Five independent flats treated as single unit u/s 54F – the built up area got translated into five flats - the transaction was not with regard to the number of flats but....
August 30, 2014 Case Laws Income Tax

Notice u/s 153C – The finding of photocopies in the possession of a searched person does not necessarily mean and imply that they “belong” to the person who holds the originals - HC
August 29, 2014 Case Laws Service Tax

Business Auxiliary Service - even if the service tax liability has been discharged by the recipient of the service, that cannot compensate for the payment required to be....
August 29, 2014 Case Laws Service Tax

Waiver of pre deposit - Adjustment of excess credit taken in subsequent year - Bar of limitation - , there is no evidence forthcoming from the records that the taking of....
August 29, 2014 Case Laws Central Excise

Appellant is claiming the benefit of notification No. 24/91 CE, after exhausting the exemption limit in terms of notification No. 1/93 CE, he would be entitled to......
August 29, 2014 Case Laws Central Excise

Valuation - 110% of the cost of manufacture under Rule 8 - Where a part of the goods are also being sold to independent buyers, the value at which the same are being......
August 29, 2014 Case Laws Customs

Port restriction - The reason for this restriction would be that expertise for examination of such goods would be available only at the major ports and not at the every.....
August 29, 2014 Case Laws VAT and Sales Tax

Waiver of pre-deposit - Interpretation of Section 18A(5) of the Central Sales Tax Act, 1956 - no pre-deposit is required to be made under Section 18A(5) of the Act for......
August 29, 2014 Case Laws Income Tax

Levy of penalty u/s 271D/E – Violation of provisions of section 269SS - 'journal entries' are outside the scope of the relevant penal provisions - completing the “empty.....
August 29, 2014 Case Laws Income Tax

Damages for Breach of Contract considered as Speculation Loss – non-performance of a contract - losses claimed by assessee are allowable losses - AT
August 29, 2014 Case Laws Income Tax

Set off of losses against income from STP units - the loss from other business activities should not be set off against profits derived from eligible industrial undertaking - AT
August 29, 2014 Case Laws Income Tax

Deemed dividend u/s 2(22)(e) – When SFL is not engaged in the business of money lending, the transaction of the assessee by way of receiving loan from SFL has to be......
August 29, 2014 Case Laws Income Tax

Reopening of assessment u/s 147 – When all material facts were furnished by the assessee, even if the assessee erroneously claimed excess deduction u/s.10B, it would not....
August 29, 2014 Case Laws Income Tax

Entitlement to loss on revaluation of the closing stock - a claim which is not substantiated by proper documentation cannot be allowed to the assessee - AT
August 29, 2014 Case Laws Income Tax

Jurisdiction of CIT u/s 263 - revision - erroneous order - CIT wanted the AO to cause further enquiry and he had not stated what enquiry the AO has to do - revision is not proper - AT
August 28, 2014 Case Laws Service Tax

Cenvat Credit - Exempted services - Even though prior to the period March 2007, the inter-connectivity services were not taxable but the same have to be treated as......
August 28, 2014 Case Laws Service Tax

GTA Services - where admittedly no consignment notes were issued by the 24 transporters for transportation of the appellants coal, the Goods Transport Agency service......
August 28, 2014 Case Laws Service Tax

Extended period of limitation - bonafide belief - marketing agent service - Business Auxiliary Service - demand and penalty both set aside - AT
August 28, 2014 Case Laws Service Tax

Refund - export of goods - Terminal handling service - the service tax paid by their CHA for providing the CHA service can not be treated as service tax paid under Port Service - AT
August 28, 2014 Case Laws Central Excise

Clandestine removal and under valuation - private records - presumption - The Revenue has miserably failed to produce corroboration evidence on records so as to......
August 28, 2014 Case Laws Customs

Suspension of CHA licence under Regulation 20(2) / 20(3) of CHAR 2004 -Withdrawal or denial of such right is construed to be penal in character. Therefore law of......
August 28, 2014 Case Laws VAT and Sales Tax

Computation of Deferred tax - the amount of tax payable according to the returns is the amount of tax calculated on the sales of the goods manufactured minus the input tax credit. - HC
August 28, 2014 Case Laws VAT and Sales Tax

Export - penultimate sales - There was an inextricable link between the local sale by the Petitioner to M/s Crown, and the export of those very goods thereafter to the......
August 28, 2014 Case Laws VAT and Sales Tax

Classification of goods - Colour world machine comprising of tinting machine, computer and UPS - all three together deserve to be treated as one single unit and liable.....
August 28, 2014 Case Laws VAT and Sales Tax

Classification of goods - Road marking points/material (RMP) - Apcomark and Thermoline - RMP cannot be classified as petroleum resins and it cannot be stated that the......
August 28, 2014 Case Laws Income Tax

Exemption u/s 11 denied – Be it a construction of temple which is a religious activity or construction of institute for higher Buddhist learning which is for the object.....
August 28, 2014 Case Laws Income Tax

Nature of receipt – Entertainment tax – Revenue or capital receipt - the subsidy in respect of Multiplex located at Jaipur to be capital in nature. - AT
August 28, 2014 Case Laws Income Tax

Transfer pricing adjustment - Offshore activities – The fabrication and supplies are made by the third parties outside India to the assessee and the revenue is not......
August 28, 2014 Case Laws Income Tax

Additions u/s 68 - As the explanation offered by the assessee about the nature and source of the sums found credited in the books was not satisfactory there was, prima......
August 28, 2014 Case Laws Income Tax

Merely because the assessee has wrongly declared the long term capital gain on account of sale of these 4 flats the authorities are not justified in taxing the long term....
August 28, 2014 Case Laws Income Tax

Rejection of application of registration u/s 12A – DIT(E) at the time of grant of registration u/s 12A cannot step into the shoes of the AO to examine whether the......
August 28, 2014 Case Laws Income Tax

Transfer of property – Application of section 2(47)(ii), (v) and (vi) - it was not only the money which has been received by the assessee which was required to be taxed.....
August 28, 2014 Case Laws Income Tax

Validity of assessments u/s 153A – when nothing incriminating material was found in the course of search, completed / finalized assessments for such years could not be disturbed - AT
August 27, 2014 Case Laws Service Tax

Levy of service tax on services provided to associated companies - book adjustment entries - When the service recipient itself is not there, the question of book......
August 27, 2014 Case Laws Service Tax

Refund of service tax - export of goods - The fact that the C&F agent which had provided this service to the appellant had itemised the total consideration into various.....
August 27, 2014 Case Laws Service Tax

Trading activity or service activity - tenders floated by Ministry of Chemicals & Fertilizers for receiving, bagging, standardization and distribution of imported urea -....
August 27, 2014 Case Laws Central Excise

Waiver of pre-deposit of penalty - default had already been made good by the Appellants much before the show cause notice was issued - prima facie no penalty is leviable - AT
August 27, 2014 Case Laws Central Excise

CENVAT Credit - Prima facie, any services rendered during warranty period which are rendered by the manufacturer of the goods, are in respect of final product and are in....
August 27, 2014 Case Laws Central Excise

When the process of padding was held to be non-amounting to manufacture, no excise duty would be attracted and, as such, there is no question of denial of any exemption - AT
August 27, 2014 Case Laws Customs

Import of Ship Unloaders for handling coal - Benefit of Customs Notification No.16/2000 - It is the case of the Department that the importer did not furnish the......
August 27, 2014 Case Laws Customs

Penalty on the appellant who was attending to the day-to-day clearance work of the CHA - appellant has played an active role in import and diversion of imported goods -.....

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