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Highlights / Annotations / Catch Notes For August of 2016

Home Highlights August August 2016 Year 2016

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Showing 151 to 200 of 434 Records

1 2 345 6 7 8........ 9

August 18, 2016 Case Laws VAT and Sales Tax HC

Scope of the term Dealer - a public charitable trust running and maintaining a public hospital - it is not engaged in business activity and therefore, the appellant is not a dealer - HC
August 18, 2016 Case Laws VAT and Sales Tax HC

Suppression of sales turnover - estimation suppressed turnover - AO was wrong in estimating the additions which was solely based on one day sales - HC
August 18, 2016 Case Laws Central Excise HC

Cenvat credit - the credit taken on the basis of the bill of entry endorsed by the Head officer was valid document u/R.3 and 9 of the Cenvat Credit Rules, 2004 cannot be faulted - HC
August 18, 2016 Case Laws Central Excise AT

Legality of adjustment of amount against the arrears out of the refund amount - at the time when the impugned demand with interest and penalty was adjusted from the......
August 18, 2016 Case Laws Central Excise AT

Cenvat credit - Rule 16 of Central Excise Rules 2001/2002 - it is found that on 07.12.2005, the Appellant had received the rejected quantity of 577.11 MT at 23.45 hrs......
August 18, 2016 Case Laws Income Tax HC

Penalty levied u/s.271(1)(c) - Valuation of Goodwill - the I.T. Act does not clothe the taxing authorities with any power or jurisdiction to rewrite the terms of the......
August 18, 2016 Case Laws Income Tax HC

Power of the Commission to reopen its proceedings - even as per the amendment made by Finance Act, 2011, power of review is not conferred on the Settlement Commission. - HC
August 18, 2016 Case Laws Income Tax AT

Deemed dividend - issue of bonus shares does not amount to deemed dividend within the meaning of provisions of Section 2(22)(a) of the I.T.Act. - AT
August 18, 2016 Case Laws Income Tax AT

Levy of penalty u/s. 271D - The transaction in question does not fall in the mischief for which the section was brought on statute. It is clearly covered by the......
August 18, 2016 Case Laws Income Tax AT

A mere omission or negligence would not constitute a deliberate act of either suppressio veri or suggestio falsy. By the mere reason of such concealment or of furnishing....
August 18, 2016 Case Laws Income Tax AT

Levy of penalty u/s 271(1)(c) - wrong claim of set off of loss of father - there is no revenue loss to the Department for the reason that both the assessee as well as......
August 18, 2016 Case Laws Income Tax AT

Penalty under section 271(1)(c) - an unsigned order has no legal sanctity, hence, invalid in law. Penalty imposed under section 271(1)(c) deleted - AT
August 18, 2016 Case Laws Income Tax AT

Deemed dividend u/s.2(22)(e) - payments made through inter-se transactions between the companies cannot be termed as any gratuitous payment to the assessee shareholder......
August 17, 2016 Case Laws Customs AT

Classification - import of Phosphoric acid - full exemption under Notification No.265/92-CUS dated 27.08.1992 for the manufacture of fertilizers allowed - AT
August 17, 2016 Case Laws VAT and Sales Tax SC

Taxability of works contract - the point at which these iron and steel products are taxable is the point of accretion, that is, the point of incorporation into the......
August 17, 2016 Case Laws VAT and Sales Tax HC

Reversal of Input tax credit (ITC) - assessment, pertaining to 'Invisible Loss' during manufacturing activity - revenue directed to redo the assessment in accordance with law. - HC
August 17, 2016 Case Laws VAT and Sales Tax HC

Rate of Tax / VAT - classification of Crude Degummed Soyabean Oil - oil will remain oil if it retains its essential properties and merely because it has been subjected......
August 17, 2016 Case Laws Service Tax AT

Service tax credit - When the ER-1 returns containing the details credit were filed regularly extended period demand cannot be raised later in case it was found that......
August 17, 2016 Case Laws Service Tax AT

Cenvat credit - the service tax credit on medical claim for employees of the appellant is available - AT
August 17, 2016 Case Laws Service Tax AT

Cenvat credit - eligibility - service tax paid on crushing charges to the job worker - there is no justifiable reasons for denial of part of credit of service tax......
August 17, 2016 Case Laws Service Tax AT

Invokation of extended period of limitation - It is not tenable to contend that if the credit is taken on photocopies of the documents, extended period can automatically....
August 17, 2016 Case Laws Service Tax AT

Cenvat credit - management consultancy service and consulting engineering service” provided by the Directors to their own company i.e. appellant - Whether the appellant.....
August 17, 2016 Case Laws Central Excise AT

Exemption - deemed export - respondent has not supplied the goods directly to SEZ Unit but has supplied the same to M/s. Shree Bajrang Alloys Ltd., who have further......
August 17, 2016 Case Laws Central Excise AT

Period of limitation - If audit could not take place then this inadmissible credit availed by the appellant could not be detected. Therefore, the extended period of......
August 17, 2016 Case Laws Central Excise AT

Valuation - physician samples - most of the pharmaceuticals manufacturers were adopting assessable value on the basis of cost data, we are of the view that no malafide......
August 17, 2016 Case Laws Central Excise AT

Cenvat credit - The rock bolts being used as fixtures in mining process are entitled for credit as they are covered by specific description of 'fixtures' under Rule......
August 17, 2016 Case Laws Central Excise AT

Denial of cenvat credit - the credit entries were in the regular records, which were audited and the dispute arose thereafter only. Therefore, invoking extended period......
August 17, 2016 Case Laws Income Tax SC

Share capital received from the various share-holders ought not to have been treated as business income. - SC
August 17, 2016 Case Laws Income Tax HC

Penalty u/s 271D - violation of the provisions of section 269SS or not - treating the deposit/loan of ₹ 40,00,000/- as capital contribution of the member of AOP,......
August 17, 2016 Case Laws Income Tax AT

Disallowance made u/s 40A(2)(b) deleted for the reason that the assessee has proved that the price paid is at arm’s length and not excessive or unreasonable and as the......
August 17, 2016 Case Laws Income Tax AT

Allowability of interest expenditure - The assessee-company had failed to controvert the suspicion entertained by the AO with evidence. Therefore, assessee had failed to....
August 17, 2016 Case Laws Income Tax AT

CIT(A) had rightly disallowed the deduction claimed U/s 43B of the Act for advance payment of VAT - this advance tax is not covered within the meaning of definition of......
August 17, 2016 Case Laws Income Tax AT

Excess stock found during the course of survey is income from business and profession and cannot be assessed U/s 69 - U/s 28(v) the interest, salary, bonus, commission......
August 17, 2016 Case Laws Income Tax AT

Net income determination - assessee has not maintained proper vouchers but spent it in cash - instead of disallowing 50% of cash expenditure, AO should have estimated......
August 17, 2016 Case Laws Income Tax AT

Deduction u/s. 54 - construction of the house was not completed within the stipulated period - Advances paid for the purpose of purchase and/or acquisition of the......
August 17, 2016 Case Laws Income Tax AT

Penalty u/s. 271B - Failure to get accounts audited - assessee has filed the audit report before the AO during the course of penalty proceedings, got his accounts......
August 16, 2016 Circulars SEZ

Authorized employees of IT/ITeS units in SEZ allowed to Work from Home or place outside the SEZ unit - Government of India
August 16, 2016 Notifications Income Tax

Income Declaration Scheme, (Second Amendment) Rules, 2016 - Notification
August 16, 2016 Notifications DGFT

Removal of mandatory warehousing requirements for EOUs, STPIs, EHTPs etc. - amendment in paras 6.01, 6.13, 6.19 and 6.28 of FTP 2015-2020 - Notification
August 16, 2016 Notifications Companies Law

Companies (Share Capital and Debentures) Fourth Amendment Rules, 2016 - Notification
August 16, 2016 Case Laws Service Tax AT

Levy of penalty - benefit of doubt - rent-a-cab service - the revenue was not clear about category of services under which assessee can be taxed and that is why......
August 16, 2016 Case Laws Service Tax AT

Refund of service tax paid on GTA services - service tax was paid directly by the provider of services whereas it was the liability of the recipient under reverse charge....
August 16, 2016 Case Laws Service Tax AT

All the services of the appellant related to civil construction under Management, Maintenance or Repair and construction of govt. buildings, rendered to Varanasi......
August 16, 2016 Case Laws Service Tax AT

Cenvat credit - Refund – Export of call centre services – remuneration given by the holding company – whether the holding company is service recipient for the purpose of....
August 16, 2016 Case Laws Central Excise AT

Whether the Appellants are eligible to pay duty by debitting CENVAT Credit account on the waste and scrap generated during the course of job work - Held Yes - AT
August 16, 2016 Case Laws Central Excise AT

Cenvat credit - Service Tax paid on Consultancy Service in connection with setting-up of Solar Power Project - the denial of credit, on the speculation that the......
August 16, 2016 Case Laws Central Excise AT

Valuation - it is the value of the reels which has to be adopted for charging duty and the cost of transportation and insurance from factory gate to the cutting would......
August 16, 2016 Case Laws Customs AT

Refund - The contention of the assessee that the ADD was paid without assessment is totally untenable. It was paid very much in the process of assessment and clearance......
August 16, 2016 Case Laws Income Tax HC

Business loss - Nature of payment made towards one time settlement to clear the dues - Tribunal was utterly wrong in holding that the amount paid by the assessee to the.....
August 16, 2016 Case Laws Income Tax AT

Disallowance on account of labour charges, jelly purchase, sand purchase and gravel purchase and vouchers are self made could not be verified - disallowance at 50% to be....

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