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Highlights / Annotations / Catch Notes For August of 2014

Home Highlights August August 2014 Year 2014

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Showing 101 to 150 of 355 Records

1 234 5 6 7........ 8

August 23, 2014 Case Laws Central Excise

Denial of refund claim - Unjust enrichment - Duty paid twice - e appellants are entitled for refund claim for duty paid on Ethanol - unjust enrichment is not applicable - AT
August 23, 2014 Case Laws Customs

Prohibited goods - redemption of confiscated goods - import of Car Radial Tyres - absence of valid BIS certificate with reference to the Pneumatic Tyres and Tubes for......
August 23, 2014 Case Laws Customs

Preference of charge / recovery - secured creditors or customs duty payable - the petitioner being a secured creditor had the first charge to recover the amount - HC
August 23, 2014 Case Laws Income Tax

Unexplained gifts – Donee denied to make gifts – transaction is not genuine but colorable – money is routed indirectly from the firm to the assessee's account under......
August 23, 2014 Case Laws Income Tax

The income received by the assessee by letting out fully furnished office premises and furniture is required to be assessed under the head income from other sources - HC
August 23, 2014 Case Laws Income Tax

Genuineness of gift - The gifts were found to have been made without any occasion or out of love and affection and it were rightly considered by the AO as not genuine - HC
August 23, 2014 Case Laws Income Tax

Exemption to be granted as provided u/s 13(1)(d) or total denial u/s 11 – there is a vital difference between eligibility for exemption and withdrawal of......
August 23, 2014 Case Laws Income Tax

Foreign gifts received - NRI gift could not be accepted as genuine unless the assessee was able to prove natural love and affection and financial capacity of the donor - HC
August 23, 2014 Case Laws Income Tax

Doctors to be treated as employees or not – Tribunal rightly found that there is no employer and employee relationship and the payment cannot be treated to be salaries.....
August 23, 2014 Case Laws Income Tax

Assessee has immediately sold the shares after the conversion - CIT(A) was justified in confirming the gains arising on sale of shares as the business income of the......
August 23, 2014 Case Laws Income Tax

Since manual return of income was furnished well before the due date, the assessee has complied with the substantive provisions of the Act - deduction u/s.80-IC cannot......
August 22, 2014 Case Laws Service Tax

CENVAT Credit - input services - Training & coaching service - Expenses incurred by way of brokerage for finding accommodation for its faculty - credit allowed - AT
August 22, 2014 Case Laws Central Excise

Valuation - Transaction value or MRP based value - ceramic tiles - different class of buyers viz. Builders/contractual/ industrial/hospitals, hotels etc. were covered......
August 22, 2014 Case Laws Central Excise

Just because the medical grade oxygen manufactured by a manufacturer and sold by him to his customers was further sold to other dealers for non-medical, use the......
August 22, 2014 Case Laws Central Excise

Denial of CENVAT Credit - credit was sought to be passed on without invoices being accompanied by the goods - levy of penalties confirmed - AT
August 22, 2014 Case Laws Central Excise

CENVAT Credit - input services on advertisement charges paid by one unit - product manufactured by the other unit - is apparent that input service credit on......
August 22, 2014 Case Laws Central Excise

Condonation of delay - Inordinate delay of 406 days - Improper advise given by Advocate - the argument not supported by any other evidence and/or affidavit of the concerned person. - HC
August 22, 2014 Case Laws Income Tax

Penalty u/s 271(1)(a) – reasonable cause for late filing of return – question of mens rea does not arise or require consideration when we examine the question of penalty....
August 22, 2014 Case Laws Income Tax

Assessment u/s 153A – Invocation of power of revision u/s 263 - Commissioner did not have jurisdiction to initiate any proceedings u/s 263 - HC
August 22, 2014 Case Laws Income Tax

Nature of expenses – Capital or revenue – Any expenditure incurred by the assessee towards repairing the premises taken on rent if he has undertaken to bear the cost of.....
August 22, 2014 Case Laws Income Tax

Where the purpose of a trust or institution is relief of the poor ; education or medical relief, it will constitute “charitable purpose“ even if it incidentally involves....
August 22, 2014 Case Laws Income Tax

Liability to pay capital gains - taxable in the assessment of income for the assessment year when the agreement was entered into and possession was given - actual......
August 22, 2014 Case Laws Income Tax

Genuineness of gift – Unless the recipient has proved the genuineness thereof, the gift can very well be treated to be an accommodation entry of the assessee's own......
August 22, 2014 Case Laws Income Tax

Power of Income-tax Settlement Commission u/s 245D(2C) – There is no requirement that for an application to be entertained by the Commission, the applicant must declare.....
August 22, 2014 Case Laws Income Tax

Power of Income-tax Settlement Commission u/s 245D(2C) – no provision would permit the Commission not to deal with the validity of the application at the stage of......
August 21, 2014 Case Laws Service Tax

Business Auxiliary Service - Whether process of milling/ grinding of wheat into “maida“, “suji“, “atta“ and “bran“ flour would amount to manufacture - Held yes, stay granted - AT
August 21, 2014 Case Laws Service Tax

Joint venture / consortium partner agreement - sharing of revenue - one partner paid the service tax - prima facie case is in favor of assessee - AT
August 21, 2014 Case Laws Service Tax

Valuation - inclusion of material supplied by the customers - free supply of material shall not be includable in the taxable service under the category of Works Contract Service. - AT
August 21, 2014 Case Laws Central Excise

Denial of MODVAT Credit - split of consignment - Tribunal was correct in denying the Modvat Credit in respect of clearance made in violation of Rule 52A(4) based on......
August 21, 2014 Case Laws Central Excise

Refund / Rebate claim - Export of goods - Rule 18 - orders are beyond the show cause notice - matter remanded back - HC
August 21, 2014 Case Laws Companies Law

Dishonour of Cheque - proceedings initiated by the appellant under Section 138 of the Negotiable Instruments Act, 1881 - Validity of handwritten note (Notice) sent by......
August 21, 2014 Case Laws Income Tax

Capital gain on sale of shares of Indian company - there can be no recourse to Explanation 5 to enlarge the scope of Section 9(1) of the Act so as to cast the net of tax....
August 21, 2014 Case Laws Income Tax

Addition u/s 68 – Share application and share premium amount credited but not proved - When the nature and source of the amount so invested is known, it cannot be said......
August 21, 2014 Case Laws Income Tax

Penalty u/s 271D – Cash loans received from creditors – the genuineness of the creditors have been verified and the transactions were never doubted by the Authorities......
August 21, 2014 Case Laws Income Tax

Rate of tax - income of Trust - Merely because 50% of the income and their respective shares were to be accumulated as a special fund in the hands of the trustees for 19....
August 21, 2014 Case Laws Income Tax

Centralized processing of statements of tax deducted at source (TDS returns) - hen the scheme itself envisages that the intimation must be issued so as to call for a......
August 21, 2014 Case Laws Income Tax

Claim of deduction u/s 80IB(3) – Status of SSI ceased in 9th year - Merely because an industry stabilizes early, makes profits, makes future investment in the said......
August 21, 2014 Case Laws Income Tax

Deduction u/s 10A – If any technical service is rendered in the course of export of computer software then the expenditure incurred in that regard cannot be excluded - HC
August 21, 2014 Case Laws Income Tax

Nature of amount received in pursuance of Consent decree by HC – Authorities below rightly treated this sum as a receipt falling under Section 28(iv) of the I. T. Act - HC
August 20, 2014 Case Laws Service Tax

Computer Reservation System (CRS / GDS) - services relating to the reservation of ticket availability position through on line computer system - demand of service tax......
August 20, 2014 Case Laws Service Tax

Franchisee service - registration of website domain names - Reverse charge mechanism - no service tax is leviable under the franchise service - AT
August 20, 2014 Case Laws Service Tax

Information technology service - Inasmuch as the appellant has discharged the sales tax/VAT liability on such software, there is merit in the contention of the appellant....
August 20, 2014 Case Laws Service Tax

Adjustment of excess tax paid - the excess amount of tax paid during the month can be adjusted against his tax liability during other months and in this regard, there......
August 20, 2014 Case Laws Service Tax

Order beyond the scope of show cause notice - appellate authority having moved outside the scope of the show cause notices or the impugned order, makes the order passed....
August 20, 2014 Case Laws Central Excise

Imposition of penalty equivalent to duty demanded vide Section 11AC - penalty under Section 11AC of the Act cannot be set aside merely on the ground that the duty was......
August 20, 2014 Case Laws Income Tax

Exemption u/s 10(23C)(iiiad) – computation of limit of ₹ 1 crores - sale proceeds of land and bonds cannot be equated to annual receipts as stated u/s 10(23C) - HC
August 20, 2014 Case Laws Income Tax

Unsecured loan obtained from companies u/s 68 – Creditworthiness and genuineness of transaction – assessee was rerouting its own funds was based on surmise - no addition - HC
August 20, 2014 Case Laws Income Tax

Grant of recognition u/s 80G(5) - registration cannot be refused on the ground that in the past for some period the petitioner had not applied 75% of the income of the......
August 20, 2014 Case Laws Income Tax

Whether the electricity unit is an undertaking for the purpose of Section 80-IA and whether “profit and gain“ from captive consumption of electricity supplied from the......
August 20, 2014 Case Laws Income Tax

Reopening of assessment – Period of limitation u/s 153 - consequence of or to give effect to any finding or direction in pursuance of order for another year - bar of......

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