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Highlights / Annotations / Catch Notes For August of 2015

Home Highlights August August 2015 Year 2015

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Showing 201 to 250 of 488 Records

1 2 3 456 7 8 9........ 10

August 20, 2015 Case Laws Income Tax

Reopening of assessment - AO has no concrete ‘reason to believe’ except for reopening the case for making the verification of the past records and facts. This cannot be.....
August 20, 2015 Case Laws Income Tax

Gains arising from sale of shares - Once the assessee has been treated as a trader, then the income arising from bonus shares, split shares etc. is also to be treated as....
August 20, 2015 Case Laws Income Tax

TDS u/s 194C - Though, the payments for the entire year was in excess of ₹ 50,000, in the absence of a contractual relationship between the assessee and the......
August 20, 2015 Case Laws Income Tax

Entitlement to exemption under section 10B - assessee is not in fact bringing convertible foreign exchange and entire of its products are sold in India in Indian rupees.....
August 19, 2015 Case Laws Central Excise

Tribunal has the power to extend stay beyond the period of 365 days - decision of the Division Bench in Haldiram India Pvt. Ltd. overruled - HC(FB)
August 19, 2015 Case Laws Service Tax

Denial of refund claim - Mere pendency of appeal preferred by respondent/department challenging the order passed by Tribunal dated May 7, 2012 was itself no ground to......
August 19, 2015 Case Laws Service Tax

Credit Card Services - On and from 01-05-2006 credit card services was deleted from BOFS and incorporated into a distinct service - Section 65(33a) is neither intended.....
August 19, 2015 Case Laws Service Tax

Credit Card Services - Merchant Establishment Discount (ME discount), by whatever name called, representing amounts retained by an acquiring bank from out of amounts......
August 19, 2015 Case Laws Service Tax

Denial of refund claim - Export of services - The period of refund was up to March, 2012 and therefore, the invoices raised at later date cannot be considered and......
August 19, 2015 Case Laws Service Tax

Refund - Export of services - Appellant's Bank at Mumbai have rightly received the money in Indian rupees as RBI permits payment in rupee from the account of a Bank......
August 19, 2015 Case Laws Central Excise

Power of settlement commission - Settlement Commission is within its powers to impose penalty on each of the Directors in addition to the imposition of penalty upon the Company - HC
August 19, 2015 Case Laws Customs

Petitioner made various representations, to finalise pending assessment, sadly respondent department has not replied positively to finalise assessment to refund deposit.....
August 19, 2015 Case Laws VAT and Sales Tax

Submission of Statutory Declaration forms – When there no specific indication in CST Act or PVAT Rules to provide declaration forms in electronic form – Assesse could......
August 19, 2015 Case Laws VAT and Sales Tax

Rectification of Mistake – AO granted the exemption from sales tax wrongly beyond the prescribed limit - Tribunal and authorities have committed manifest error of law......
August 19, 2015 Case Laws Income Tax

Reassessment - though the amendment u/s 115JA / 115JB was made with retrospective effect, the critical date is the date on which the AO exercises jurisdiction u/s 148 -.....
August 19, 2015 Case Laws Income Tax

Unexplained cash deposits - Unexplained income - Assessee could not establish that he received agricultural income from carrying on farming activities in the society land. - HC
August 19, 2015 Case Laws Income Tax

Accrual of income - with the Assessee not having claimed the benefit of Section 32AB of the Act, the question of treating lease rental as income on accrual basis did not arise - HC
August 19, 2015 Case Laws Income Tax

TDS liability - payments to retail dealers through Del-credere Agents - the payment would constitute sales promotion expenses and it would not fall under the category of....
August 19, 2015 Case Laws Income Tax

Proportionate disallowance of depreciation on computer and software, based on the number of employees of the assessee - keeping extra computer for meeting any emergent......
August 19, 2015 Case Laws Income Tax

Reopening of assessment - addition made on account of deemed dividend under S.2(22)(e) - the amount advanced for business transaction between parties, are not such to......
August 19, 2015 Case Laws Income Tax

Disallowance of interest on house property claim u/s. 80C - assessee has paid interest paid to the bank for housing loan and it is supported by bank statement, therefore....
August 19, 2015 Case Laws Income Tax

Revision u/s 263 - issue of applicability of claim of deduction under section 80IC not examined by AO - It is admitted fact that return of income filed by assessee was.....
August 19, 2015 Case Laws Income Tax

Unexplained investment under section 69 - assessee could not reconcile the difference between purchases as debited in the trading account and purchases as per TCS......
August 19, 2015 Case Laws Income Tax

Payment for getting the mining rights on the land on which forest was there - Expenditure paid by the assessee as NPV to enable the assessee to carry on its mining......
August 18, 2015 Case Laws Service Tax

Franchise service - Nature of Receipt of course fees - Only because all the fees are provided in one Agreement does not necessarily lead to a conclusion that the......
August 18, 2015 Case Laws Service Tax

Commercial Training and Coaching Services - Assessee contends that they are charitable institute - retrospective amendment - demands raised beyond the limitation period.....
August 18, 2015 Case Laws Service Tax

Erection, Installation and Commissioning Service - installation of HVAC systems (air conditioning systems) - demand under ECIS which pertains to the period prior to......
August 18, 2015 Case Laws Service Tax

Nature of activity - the expenses charged directly from customers such as Bill of Lading (B/L) reissue charges, switch B/L charges, etc. - Since the services are......
August 18, 2015 Case Laws Central Excise

Denial of SSI Exemption - Clandestine Removal - Tribunal was clearly in error in holding that merely because no appeal has been filed against M.S. Jain, all the other......
August 18, 2015 Case Laws Central Excise

Validity of order of the tribunal - The matter was heard by the Member (Judicial) of the Tribunal, however, the decision has been delivered by the Member (Technical) of.....
August 18, 2015 Case Laws Central Excise

It was the duty of the tribunal as a last fact finding authority to have considered the backdrop in which the refund claim was made - The failure of the Tribunal to......
August 18, 2015 Case Laws Customs

Project for drinking water supply project for supply of water for human and animal consumption - Ductile pipes were not classifiable under heading 98.01 of Customs......
August 18, 2015 Case Laws VAT and Sales Tax

VAT in IT products - DVAT - Bracket preceding words 'other than' in Item 15 of Entry 41 A, closing with bracket after words 'digital still image video cameras' was......
August 18, 2015 Case Laws Income Tax

Interest u/s 234B - no direction had actually been given in the assessment order for payment of interest - Form I.T.N.S.150 contained a calculation of interest payable......
August 18, 2015 Case Laws Income Tax

Deduction u/s 80-IB - if a small scale industry, in the course of 10 years, stabilizes early, makes further investments in the business and it results in it's going......
August 18, 2015 Case Laws Income Tax

Cash credit u/s 68 - whether forms part of the total income cannot be considered as application of income for the purpose of section 11 for the assessment year 2009-10......
August 18, 2015 Case Laws Income Tax

Reopening of assessment - the two parts of Section 147 (one relating to 'such income' and the other to 'any other income') are to be read independently - addition can be....
August 18, 2015 Case Laws Income Tax

Claim of depreciation on the cages to carry birds produced in the hatchery - where two views of a particular aspect are possible, for an Income-tax Officer, and he has......
August 18, 2015 Case Laws Income Tax

Purchases of the TV Programs/Film rights - Assessee amortised the "inventories‟ as per the method of accounting consistently followed by him over the years - the......
August 18, 2015 Case Laws Income Tax

Entitlement to exemption u/s.11 and 12 - as the assessee is carrying on micro finance business in a commercial manner so as to earn profit and there is no iota of......
August 18, 2015 Case Laws Income Tax

Entitlement to exemption u/s.11 and 12 - The assessee is availing loans from banks and advance the same and admitted that it has advanced the loans to the customers at.....
August 18, 2015 Case Laws Income Tax

Depreciation on loose tools - jigs and fixtures - change in the accounting policy without any reason - The rate of deprecation could not be claimed as fixed by the......
August 18, 2015 Case Laws Income Tax

Validity of assessment - assessee has pleaded that the assessment orders have been passed by the AO after 12o clock in the mid-night of 31-12-2009. - Had it been 12:15am....
August 18, 2015 Case Laws Income Tax

Addition on issued capital u/s 68 - share application money - the assessee discharged the onus cast upon it to prove the identity and creditworthiness of the share......
August 18, 2015 Case Laws Income Tax

Validity of assessment - section 292BB of the Act is not applicable to the present case and omission on the part of AO to issue notice u/s 143(2) of the Act within......
August 18, 2015 Case Laws Income Tax

Sale of carbon credit - on the sale of excess Carbon Credits the income was received it is capital receipt and it cannot be business receipt or income - AT
August 18, 2015 Case Laws Income Tax

Since the Commissioner of Income-tax (Appeals) has no jurisdiction to decide the issue which is not before the lower authorities at any stage originally, he could have......
August 17, 2015 Case Laws Service Tax

Advance receive before levy of service tax i.e. 1/5/2006 - in the absence of any positive action of in suppressing the details from the department, demand cannot be......
August 17, 2015 Case Laws Service Tax

Supply of manpower - factory along with the machinery of the appellant was to be given under leave and licence to one company - amounts received by the appellant as......
August 17, 2015 Case Laws Service Tax

Activity of collection of toll / fee - collection of tolls by the appellant is not considered as Business Auxiliary Service provided to NHAI - AT

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