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Highlights / Annotations / Catch Notes For August of 2014

Home Highlights August August 2014 Year 2014

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Showing 51 to 100 of 355 Records

123 4 5 6........ 8

August 27, 2014 Case Laws Income Tax

Claim of deduction u/s 80IA - there is no question of setting off notionally carried forward unabsorbed depreciation or loss against the profits of the unit and the......
August 27, 2014 Case Laws Income Tax

Nature of receipts – Revenue or Capital u/s 28(iv) - he assessee’s retention out of the sales tax collected on sale of finished products from expanded unit is part of......
August 27, 2014 Case Laws Income Tax

Depreciation on leased asset - Solar Generating System – Once, lease rentals are accepted by the revenue, there is no reason to disallow the depreciation - AT
August 27, 2014 Case Laws Income Tax

Reopening of assessment u/s 147 - There is a difference between the power to review and power to reassess - Placing such a restriction on the power of assessment of the....
August 27, 2014 Case Laws Income Tax

Taxability of ex gratia payment received under Exit Option Scheme of State Bank of India - assessee entitled to exemption u/s 10(10C) of the Act - AT
August 27, 2014 Case Laws Income Tax

TDS on payment of society - there is no contract between the society and the assessee as there is a pure relation of member of the society – the assessee was not liable....
August 26, 2014 Case Laws Service Tax

CENVAT Credit - General Insurance Services provided by the agents in Jammu and Kashmir - not taxable as reverse charge - CENVAT Credit taken by the appellant is nothing.....
August 26, 2014 Case Laws Service Tax

Classification of service - computerised reservation system - Business Auxiliary Service - air travel agent service - stay granted partly. - AT
August 26, 2014 Case Laws Service Tax

Issuance of SCN and levy of penalty where service tax with interest paid before issuance of show cause notice - authorities are precluded from issue of show-cause notice - HC
August 26, 2014 Case Laws Service Tax

C&F agent service - mere procuring or booking orders for the principal by an agent on payment of commission would not amount to providing C&F Agent Service. - AT
August 26, 2014 Case Laws Service Tax

Business Auxiliary Service - services relating to Procurement of goods or services, which are inputs for the client - Once the appellant falls within the scope of......
August 26, 2014 Case Laws Central Excise

Exemption under Exemption Notification No. 6/2002-CE - There is thus no doubt that the machines Relax Drum Machine (Relax Drum washer) is not a drying machine - AT
August 26, 2014 Case Laws Central Excise

CENVAT Credit - Once the CENVAT Credit itself is not taken, in respect of inputs utilized for exempted goods totally, and if this fact is coming out from the records,......
August 26, 2014 Case Laws Central Excise

Valuation of goods - subsidy received by fertilizer companies from the Government - the subsidy cannot be considered as an additional consideration - AT
August 26, 2014 Case Laws Central Excise

Cenvat Credit - removal of goods as such versus Trading activity - reversal of credit is not disputed by the department - demand set aside - AT
August 26, 2014 Case Laws Customs

Revocation of CHA License - The forfeiture of security deposit shall remain. The appellant has to furnish fresh security deposit as per law for resuming work as CHA. - AT
August 26, 2014 Case Laws Customs

EXIM - Shipping bill - Conversion from ‘Advance Licence to DEPB Scheme’ - Request made after more than one year of export - conversion allowed - AT
August 26, 2014 Case Laws Customs

Period of limitation – issuance of SCN or Delivery of SCN - the expression “notice is given” does not logically translate to the conclusion that “notice must be issued......
August 26, 2014 Case Laws Customs

Transaction value of goods - as the invoice price at the relevant time has not been disputed by the revenue that same is not correct as per prevailing market price......
August 26, 2014 Case Laws Income Tax

Reopening of assessment u/s 147 – The chronology of events prove in unequivocal terms that if somebody had erred it was the AO and not the FAA - He has tried to improve.....
August 26, 2014 Case Laws Income Tax

Deduction u/s 80IB(2)(iii) - assessee received sales tax VAT incentives is the first degree and it is Govt. benefit and it is not industrial undertaking benefit, it is.....
August 26, 2014 Case Laws Income Tax

Assessee society cannot be regarded to be a primary co-operative bank as all the three conditions are not complied with and it is not a co-operative bank and the......
August 26, 2014 Case Laws Income Tax

Registration expenses deleted - payments made under the heads consultancy fees, bank charges and other expenses cannot be held to be not incurred for the business for year - AT
August 26, 2014 Case Laws Income Tax

Addition u/s 68 - justification for collection share premium - The onus on the assessee – it of course cannot be required to prove a negative, would depend on the facts....
August 26, 2014 Case Laws Wealth-tax

Value of the land for Wealth Tax - Exemption u/s 2(2ea)(ii) - t if on a plot of land construction of a building is not permissible under any law then the said plot of......
August 25, 2014 Case Laws Service Tax

Technical testing and analysis service - service under discussion relates to research and development activity and the appellants are not undertaking the testing and......
August 25, 2014 Case Laws Service Tax

Works Contract - Split of Turnkey project - intention of parties - it should be possible to determine the value of transfer of property in goods involved in the......
August 25, 2014 Case Laws Service Tax

Business of civil construction of buildings, godowns, roads etc. against works contract - Prima facie, the argument that activities of HAFED or Haryana Seeds Development....
August 25, 2014 Case Laws Customs

Jurisdiction of Commissioner - Provisional release of goods order - The faulty premise is that the Commissioner of Customs cannot adjudicate a matter which involves duty....
August 25, 2014 Case Laws Customs

Violation against EPCG License - Export obligation - The losses or profits made by an entrepreneur or its business plans going awry, cannot possibly be a ground that......
August 25, 2014 Case Laws Income Tax

Validity of belated notice u/s 143(2) in pursuance of section 292BB - Failure to issue a notice within the prescribed period would result in the AO assuming jurisdiction....
August 25, 2014 Case Laws Income Tax

Penalty u/s 271(1)(c) - credit worthiness and genuineness of the transaction - Gifts by family friends – the explanation given by the assessee is totally false - penalty confirmed - HC
August 25, 2014 Case Laws Income Tax

Capital or revenue expenditure - one time expenditure incurred for the Club Membership Fee – Such expenses are for running the business with a view to produce the......
August 25, 2014 Case Laws Income Tax

Claim of deduction u/s 80IC - Packaging of Horlics, Boost for Glaxo Smithkline Consumer Healthcare Ltd. amounts to manufacture or not u/s 2(29BA) – deduction allowed - AT
August 25, 2014 Case Laws Income Tax

Low or Non-deduction of Tax at source certificate u/s 197 – when tax was paid by the deductee, the assessee shall not be held to be in default, but the interest u/s......
August 25, 2014 Case Laws Income Tax

Unexplained cash deposits u/s 68 - explanations offered by the assessee with regard to sale of shares and re-purchase of shares of company which has been delisted is......
August 25, 2014 Case Laws Income Tax

Addition u/s 35D – Expenses on repair of work place - expenses are for the purposes of repairs on rented premises cannot be said to be preliminary expenses, eligible for....
August 25, 2014 Case Laws Income Tax

Once the AO has established that the price paid to a party is higher as compared to similar products supplied by other parties on the same date, the action of rejection.....
August 25, 2014 Case Laws Income Tax

Once the declaration referred to in section 206C(1A) was received by the assessee, then thereafter the assessee could not legally collect the TCS from such buyers and......
August 25, 2014 Case Laws Income Tax

Revisional jurisdiction of CIT u/s 263 – assessment order becomes erroneous where it is found that proper and due inquiry has not been made by the AO and due tax has not....
August 23, 2014 Case Laws Service Tax

CENVAT Credit - input services - scope of the term 'include' and 'such as' - decided partly in favor of assessee and partly in favor of revenue - HC
August 23, 2014 Case Laws Service Tax

Import of services - if a branch of an Indian bank is situated abroad, Section 66A does not envisage treating the foreign branch as a separate entity so far as the......
August 23, 2014 Case Laws Service Tax

During the period of dispute, the renting of plant & machinery by the appellant under lease agreement/licence agreement was not taxable as Banking and Financial Services - AT
August 23, 2014 Case Laws Service Tax

Works Contract service - activity for implementing water supply projects which included in certain cases construction of water treatment plant etc. to various......
August 23, 2014 Case Laws Central Excise

Cenvat Credit - Export to Nepal - if such exporters are allowed to utilize the credit availed on the inputs exported under Bond to Nepal this would result into a......
August 23, 2014 Case Laws Central Excise

Mega Power project - Exemption to sub-contractor - the benefit of exemption cannot be denied to the appellant in the present case so long as they fulfil the terms and......
August 23, 2014 Case Laws Central Excise

Valuation - related parties - extended period of limitation - It is difficult to appreciate that the first audit team, which audited the unit in 1998, failed to see all.....
August 23, 2014 Case Laws Central Excise

Invocation of extended period of limitation - respondent-assessee suppressed the information in spite of knowledge that the amortised cost of moulds/dies did not form......
August 23, 2014 Case Laws Central Excise

CENVAT Credit - input services - services used for construction of the railway siding - Nexus with manufacturing activity - credit allowed - AT
August 23, 2014 Case Laws Central Excise

CENVAT Credit - Remission of duty - Loss of goods in dacoity - even if this is treated as a case of dacoity, the remission of duty cannot be allowed - AT

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