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Highlights / Annotations / Catch Notes For August of 2015

Home Highlights August August 2015 Year 2015

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Showing 1 to 50 of 488 Records

12 3 4 5........ 10

August 31, 2015 Case Laws Service Tax

Renting of Immovable Property Service - Valuation - Inclusion of notional interest - t the security deposit is very huge and the rent fixed is reduced to a nominal......
August 31, 2015 Case Laws Service Tax

Denial of refund claim - Export of service - merely because the goods supplied were ultimately used in India, cannot be a reason to hold that there was no export of the....
August 31, 2015 Case Laws Service Tax

Collection of amount in the name of service tax - Amount received from several purchasers of flats - during the relevant period, there was no clarity regarding law of......
August 31, 2015 Case Laws Central Excise

Duty demand - Valuation of goods - Related person - deduction of these trade discounts offered to dealer being a group company selling entire production of the assessee.....
August 31, 2015 Case Laws Central Excise

Denial of CENVAT Credit - agricultural tractors - switching over from Rule 6(3)(b) to Rule 6(2) - There is nothing in Cenvat Credit Rules or any other provision in the.....
August 31, 2015 Case Laws Central Excise

Classification of Flexible Intermediate Bulk Containers (FIBC) - that both the drawback schedule and ITC Code issued by DGFT and CETH are aligned with HSN, the......
August 31, 2015 Case Laws Customs

Imposition of redemption fine when goods not available – redemption fine is concept which arises in event goods are available and are to be redeemed – If goods are not......
August 31, 2015 Case Laws Customs

Illegal Seizure of Goods – It is apparent that authorities have wrongly invoked provisions, Court cannot be mute spectator and still relegate parties to authorities to......
August 31, 2015 Case Laws VAT and Sales Tax

It is not open to 1st respondent to undertake any inspection in guise of demonstration to make assessment – When petitioner has admittedly submitting assessments only to....
August 31, 2015 Case Laws VAT and Sales Tax

Penalty u/s 78(5) - Evasion of duty - Mens rea - once there is a clear cut admission by the assessee himself that the bill was prepared later on, it was a clear cut......
August 31, 2015 Case Laws VAT and Sales Tax

Bank liability to pay VAT – sale of goods to recover loan was part of banking business – No reason to exclude bank from definition of “dealer” under OVAT even in absence....
August 31, 2015 Case Laws VAT and Sales Tax

Petitioner seeking declaration that rule 11B(2)(c) of Central Sales Tax (Kerala) Rules,1957 as invalid and ultra vires being in consistent with Central Sales Tax......
August 31, 2015 Case Laws Income Tax

Taxation of income from dividents and capital gains under the Indo-Mauritius Double Tax Avoidance Convention - the capital gains that arose on account of the sale of......
August 31, 2015 Case Laws Income Tax

Seized jewellery - Applicability of Section 69A - addition on the basis of the statement made on oath under Section 132(4) - These statements of oath has not been......
August 31, 2015 Case Laws Income Tax

Penalty levied u/s 271D and 271E - cash loans taken by the assessee in contravention of 261SS - There is no law that every receipt from a partner or a sister concern......
August 31, 2015 Case Laws Income Tax

Dis-allowance of insurance claim written off - This amount was written off in the year 1993-94 - in the assessment year 1993-94 no theft was committed, but, it was in......
August 31, 2015 Case Laws Income Tax

Unexplained investment in stock - assessee has merely given statement of monthly stock on the basis of a rough estimate by incorporating monthly purchases and sales......
August 31, 2015 Case Laws Income Tax

Revision u/s 263 - allowing the claim of the assessee without examining the payments made to non-resident agents towards sales commission and applicability of......
August 31, 2015 Case Laws Income Tax

Disallowance u/s. 43B on account of Service tax payable - the amount has not been paid before the due date of filing the return - dis-allowance confirmed - AT
August 31, 2015 Case Laws Income Tax

Claim of exemption under section 54 denied - such amount shall be charged under section 45 as income of the previous year, in which the period of three years from the......
August 31, 2015 Case Laws Income Tax

Addition on commission paid to the Managing Director of the assessee company, u/s 36(1)(ii)- The directors are not only shareholders of the company. Therefore, it cannot....
August 31, 2015 Case Laws Income Tax

Principle of mutuality - Co-operative Society - Any income generated from facilities, amenities, privileges provided to the members in accordance with the bye-laws and......
August 31, 2015 Case Laws Income Tax

Additions u/s 41(1) on account of cessation of liability - the case of the Revenue that even after passing of further 5 years from the date of assessment, the assessee......
August 31, 2015 Case Laws Income Tax

The master plate of one movie cannot be used for another and for every movie a new and different master plate is required; indicating that the master plate is nothing......
August 31, 2015 Case Laws Income Tax

Penalty under section 272B - not quoting PAN in the appeal filed before the CIT(A) - the default on the part of the assessee was because of her ignorance and not because....
August 30, 2015 Case Laws Service Tax

Business Auxiliary Services - Denial of refund claim - Unjust enrichment - the accounting treatment given to M/s. Narwenkar may be of no consequence to the appellant for....
August 30, 2015 Case Laws Central Excise

Refund - Whether or not, the refund of Central Excise duty is admissible u/s 11B of CEA, 1944, if the same is invoiced and collected and thereby passed on to the......
August 30, 2015 Case Laws Central Excise

Demand u/s 11AA - SCN not issued - impugned order is only a communication and not a demand to pay the Excise duty together with interest as stated by the respondent - HC
August 30, 2015 Case Laws VAT and Sales Tax

Condonation of delay – Invalid service of notice – Well settled that party should not be condemned unheard and case should not be rejected on technical grounds, rather.....
August 30, 2015 Case Laws VAT and Sales Tax

Taxability of Compact Disc – Electronic good or not – There is no utility of compact disc independently – It become useful only in music system/equipment – Hence, same.....
August 30, 2015 Case Laws Indian Laws

Power of Tribunal to condone delay - delay in filing an appeal under Section 18 (1) of the SARFAESI Act can be condoned by the Appellate Tribunal under proviso to......
August 29, 2015 Case Laws Income Tax

Nature of Income disclosed during the survey - assessee admitted the same and surrendered the amount as its income from Ornate House project - there was no......
August 29, 2015 Case Laws Income Tax

TDS liability - purchase of telecast rights from the film producers - Payments made by assessee towards acquiring satellite rights of films are not ‘royalty’, hence......
August 29, 2015 Case Laws Income Tax

Eligibility to claim exemption u/s 11 - Contribution to chit fund in this case is not an investments or deposit as specified u/s 11(5), it is, as submitted, only an......
August 29, 2015 Case Laws Income Tax

Claim of deductions against escaped income - where the claims of the assessee durng the course of re-assessment proceedings relating to the escaped income are accepted,....
August 29, 2015 Case Laws Income Tax

Entitlement to deduction under section 80-IB - Held that:- Since the assessee had filed the return of income belatedly on September 20, 2010, the assessee was not......
August 29, 2015 Case Laws Income Tax

Unexplained investment/deposit found in the bank deposits - addition u/s 69 - the property/ money which stands in the name of the assessee has to be considered only in......
August 29, 2015 Case Laws Income Tax

Re-assessment - Validity of Notice - it cannot be held that receipt of the notice u/s 148 by the brother of the assessee, amounted to service of notice on the assessee,.....
August 29, 2015 Case Laws Income Tax

Deemed dividend u/s 2(22)(e) - assessee has claimed that the amount received was not in the nature of loan/advance, but, towards purchase of land in the name of company,....
August 28, 2015 Case Laws Indian Laws

High Court cannot dismiss an appeal for non-prosecution simpliciter without examining the merits - the court is not bound to adjourn the matter if both the appellant or.....
August 28, 2015 Case Laws Service Tax

Manpower Recruitment or Supply Agency service - The recipient client must thus be an employer or prospective employer and the consideration for this service must flow......
August 28, 2015 Case Laws Service Tax

Power of commissioner to remand back the matter - As regards the ruling of Hon'ble Apex Court in MIL India Ltd. (2007 (3) TMI 8 - SUPREME COURT OF INDIA), the Hon'ble......
August 28, 2015 Case Laws Central Excise

Recovery of excise duty - since the petitioner had only purchased the assets of the Corporation in pursuance of the winding up order passed by the High Court and had not....
August 28, 2015 Case Laws Central Excise

Denial of refund claim - Bar of limitation - payment of duty was made before issue of SCN - claim of refund was submitted after the SCN was dropped - period of......
August 28, 2015 Case Laws Customs

Goods mis-declared to avoid duty – import of electronic components/parts - Commissioner in his order, which proved that what was, in fact, imported was complete sets of.....
August 28, 2015 Case Laws Customs

Principle of Res-Judicata - While dismissing appeal of Revenue in first ground of litigation, no doubt Supreme court had left question of law open - However, that could.....
August 28, 2015 Case Laws Customs

Non-Compliance of condition under which search shall be conducted – offence punishable under Section 20(b) of NDPS Act, 1985 - Mere fact that gazetted officer, who was......
August 28, 2015 Case Laws VAT and Sales Tax

Adjustment of tax liability – Out of input tax credit available – dealer can adjust current year tax liability out of Input Tax Credit available in credit of dealer -.....
August 28, 2015 Case Laws VAT and Sales Tax

Increase in Purchase price – Increase in tax – Rejecting books of Account – If assessing officer does not want to accept books of account, he must give some cogent and.....
August 28, 2015 Case Laws FEMA

Money laundering - res judicata in the criminal complaint - the principle of res judicata does not apply to interlocutory orders like order of stay, injunction or......

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C: Implementation of automation in the Customs (Import of Goods at Conces...

C: Mandatory additional qualifiers in import declarations in respect of c...

C: Clarifications on the applicability of concessional duty under IGCR Ru...

N: Specifying Forms prescribed in Appendix-II of the Income Tax Rules 196...

N: Securities and Exchange Board of India (Bankers to an Issue) (Amendmen...

N: Securities and Exchange Board of India (Buy-Back of Securities) (Secon...

H: Excess Input Tax Credit penalty appeal dismissed due to delay; court a...

H: Chit Funds Commission Not Subject to GST: High Court Quashes Notice.

H: Taxability of Additional Surcharge by Electricity Distribution Company...

H: Transport agency's bundled services disqualify it from GST exemption f...

H: Compensation for surrendering intellectual property rights treated as ...

H: Cooperative society eligible for tax deduction on interest from cooper...

H: Taxman overreached by turning limited scrutiny into wide-ranging probe...

H: TDS credit limited to income in return, excess related to past years' ...

H: Genuine anonymous donations not taxable. Grants not income if utilized...

H: Property investment source verification not valid grounds for reopenin...

H: Income Tax Assessment Notice Issued by Non-Jurisdictional Officer Quas...

H: Foreign tech firm wins case: No permanent establishment or royalty tax...

H: Simplified taxation for non-resident shipping biz: 7.5% presumptive in...

H: Freight charges paid to foreign shipping co. not taxable royalty or ch...

H: Software License & ICT Service Fees Taxability Re-examined - Royalty o...

F: INTERMEDIARY SERVICES OR EXPORT SERVICES

F: assessment order

F: Transfer of ITC without filing ITC-02

N: Exemption from specified income U/s 10(46) of IT Act 1961 – ‘National ...

A: Electronic Liability Register

A: From Inception to Exit- A Complete Guide to LLP Registration, Closure,...

A: Appeal filed beyond condonable period after writ proceedings disposal ...

A: Common Mistakes to Avoid While Making Income Tax Payments

F: PRE-DEPSOIT ISSUES