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Highlights / Annotations / Catch Notes For August of 2016

Home Highlights August August 2016 Year 2016

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Showing 251 to 300 of 434 Records

1 ....2 3 4 567 8 9

August 11, 2016 Case Laws Central Excise AT

Appropriation of interest on refund - Whether the amount of interest sanctioned to the Appellant can be appropriated towards outstanding arrears of revenue - Held no - AT
August 11, 2016 Case Laws Central Excise AT

Clandestine removal of sponge iron - once the statements of the transporters and commission agent are ignored, there is nothing much left to sustain the allegation......
August 11, 2016 Case Laws Central Excise AT

Cenvat credit - entitlement - Whether the Commission Agent Services would be classifiable as Business Auxiliary Service as per Department or Sales Promotion service as......
August 11, 2016 Case Laws VAT and Sales Tax HC

Adjustment of refund with outstanding demand which was not confirmed - Due to the careless action of the VATO an interest burden of nearly ₹ 56 lakhs is now placed....
August 11, 2016 Case Laws VAT and Sales Tax HC

Withholding of refund - GVAT - period fo limitation to revise the order has not expired - Unless such order is passed, the refund cannot be automatically withheld. - HC
August 11, 2016 Case Laws VAT and Sales Tax HC

Withholding of refund - GVAT - There is no provision, where in addition to the order of assessment which results into refund being payable to the assessee, refund order.....
August 11, 2016 Case Laws Income Tax HC

TDS on roaming charges paid to other service providers - the roaming process between participating company cannot be termed as technical services and, therefore, no TDS.....
August 11, 2016 Case Laws Income Tax AT

Set off un-absorbed depreciation against the deemed income under section 69, 69A, 69B and 69C allowed - AT
August 11, 2016 Case Laws Income Tax AT

Allowability of various expenses claimed by the appellant against the professional receipts - it is clear case of adhoc disallowance of expenses which cannot be......
August 11, 2016 Case Laws Income Tax AT

Non deduction of TDS u/s 194C - subscription charges paid to pay channels - expenditure incurred is in the nature of direct expenses, adjustable against the revenue for.....
August 11, 2016 Case Laws Income Tax AT

LTCG - transfer of goodwill - the goodwill receipt is only an advance and can be chargeable to tax as part of total sale consideration, when the ownership get transferred. - AT
August 11, 2016 Case Laws Income Tax AT

There is no distinction between discount and premium, the discount on debentures as well as the premium payable on actual redemption on debentures in future years and......
August 11, 2016 Case Laws Income Tax AT

According to the section 37, the expenses incurred to preservation and protected the assets of the company are liable to be deducted. - AT
August 11, 2016 Case Laws Income Tax AT

Addition on account of non-charging of interest - the TPO re-characterized the whole transaction and this is not permissible without any materials or evidence suggesting....
August 11, 2016 GST

GST - Enabling Provisions
August 10, 2016 News Indian Laws

THE TAXATION LAWS (AMENDMENT) BILL, 2016 - Further to amend Income Tax Act, 1961 and Custom Tariff
August 10, 2016 News Central Excise

CBEC issued a Draft circular inviting suggestions on the issue of Application of principle of “unjust enrichment” in case of refund
August 10, 2016 Case Laws Service Tax AT

To provide tour operator service, the vehicle should necessarily be tourist vehicles - No evidence found that the vehicles used by the respondents were the tourist vehicles - AT
August 10, 2016 Case Laws VAT and Sales Tax HC

Input tax credit – preference of set off - local sale, inter-state sale and export - Assessing Authority cannot insist on the assessee adopting a particular method which....
August 10, 2016 Case Laws VAT and Sales Tax HC

Penultimate sale - export - The burden is entirely on the assessee to establish the link in transactions relating to sale or purchase of goods and the export; that the......
August 10, 2016 Case Laws VAT and Sales Tax HC

Input Tax Credit - Tribunal was not justified in rejecting the claim of input tax credit merely on technicalities, when the dealer was able to show that the tax had been....
August 10, 2016 Case Laws Customs SC

Period of limitation - violation of actual user condition - At the time of import, the importer only gives declaration. It is the actual use, which event takes place......
August 10, 2016 Case Laws Customs SC

Violation of actual user condition - crude palm oil which was imported was used for making edible products like refined oil/Vanaspati - If in the process 25% of fatty......
August 10, 2016 Case Laws Customs HC

Warehousing - if a request is made seeking permission to re-export the goods imported, the same may be allowed, even if the permitted period for bonding has expired and.....
August 10, 2016 Case Laws Customs AT

Tribunal has no jurisdiction to entertain a baggage matter for which the appellant may choose to exercise its right of revision before the Revisionary Authority - AT
August 10, 2016 Case Laws Companies Law HC

The Company having been struck off on the prayer of the Company itself and/or its directors, there can be no question of the Company being aggrieved by the striking off. - HC
August 10, 2016 Case Laws Central Excise AAR

Whether the process of crushing of coal would amount to manufacturing activity - the activity could not be covered as a ‘manufacturing activity’ nor the crushed coal......
August 10, 2016 Case Laws Central Excise AAR

Processing of secondary raw materials (steel scrap of difference and variable composition) into blended steel scrap is liable for payment of Central Excise duty - Though....
August 10, 2016 Case Laws Central Excise AAR

The activity of loading of business software in the Hardware / Nucleus Device by the applicant will not constitute manufacture under the Central Excise Law - not liable.....
August 10, 2016 Case Laws Central Excise AT

Reversal of cenvat credit - Sub-Rule (3A) is only a procedure - Consequently, the argument of Revenue is that the appellants exercising option is mandatory and on its......
August 10, 2016 Case Laws Central Excise AT

Cenvat credit - the rectified spirit which is not used for human consumption is nothing but ethyl alcohol and is finding place in tariff item no. 22072000 - credit allowed - AT
August 10, 2016 Case Laws Central Excise AT

Refund - Rule 5 of Cenvat Credit Rules 2004 - As regard the goods exported under bond, the appellant is entitled for the refund, however the refund related to the export....
August 10, 2016 Case Laws Income Tax HC

Interest on NPA - interest on non performing assets is not taxable on accrual basis looking to the guidelines of the Reserve Bank of India - HC
August 10, 2016 Case Laws Income Tax AT

Levy of Penalty u/s. 271(1)(c) - assessee had acted on the advice of a professional and his advice was found not as per the provisions of the Act - No penalty - AT
August 10, 2016 Case Laws Income Tax AT

Share premium received - additions u/s 56 - how the conclusion was drawn that the share premium money was utilised for business purposes and not preserved for the......
August 10, 2016 Case Laws Income Tax AT

LTCG in connection with the furniture and fixtures attached with the transfer of tenancy rights - Since agreement nowhere speaks about the transfer of furniture and......
August 10, 2016 Case Laws Income Tax HC

Reopening of assessment - AO must have some tangible material having live link with the escapement of the income on the basis of which he can form a bonafide belief of......
August 10, 2016 Case Laws Income Tax AT

Taxability of income - deemed ownership - the income of the assessee is liable to be treated as under the head income from house property and accordingly the assessee......
August 10, 2016 Case Laws Income Tax AT

Additional depreciation allowed u/s 32(1)(iia) is a one time benefit to encourage industrialization, and the provisions related to it have to be construed reasonably,......
August 10, 2016 Case Laws Income Tax AT

Tax perquisites - tax borne by employer is paid directly to the tax authority and there is no payment to the tax employee, the tax so borne is a non-monetary transaction....
August 10, 2016 Case Laws Income Tax AT

Assessment u/s 153A r.w.s. 143(3) - the addition has to be deleted for the reason that, the same is not based on the assets founds in the locker of the assessee - AT
August 10, 2016 Case Laws Income Tax AT

Unexplained credit u/s 68 - peak credit theory - CIT(A) has rightly rejected the claim of the assessee of adopting peak theory for considering unexplained credit - AT
August 10, 2016 Case Laws Income Tax AT

Disallowance of purchases u/s 40(A)(3) - cash payment exceeding ₹ 20,000/- the genuineness of the transactions being free from vice of any device of evasion of tax....
August 10, 2016 Case Laws Income Tax AT

Penalty u/s 271(1)(c) - assessment u/s 153A r.w.s. 153B/143(3) - surrender of income by assessee inclusive of out of pocket diary expenses was made in the year under......
August 9, 2016 Case Laws Central Excise AT

Clearance of waste and scrap - the waste and scrap has arisen during repair and maintenance work of the capital goods. Some portion of the scrap has also arisen on......
August 9, 2016 Case Laws Central Excise AT

In as much as EOUs are entitled to take as well as utilize Cenvat credit on inputs as well as capital goods, for payment of duty on the DTA clearances, the demand of......
August 9, 2016 Case Laws Customs AT

Rejection of application for conversion of the shipping bill filed under advance authorization scheme to shipping bill under Drawback scheme - while there is no time......
August 9, 2016 Case Laws Customs AT

No fee required to be paid for filing the appeal before the tribunal related to refund matter - AT
August 9, 2016 Case Laws Income Tax HC

Accrual of income - Selection of year of assessment - the entire sum was received upfront in the year in question and TDS was also deducted on that basis - ITAT erred in....
August 9, 2016 Case Laws Income Tax HC

In order to be eligible to claim exemption u/s. 80P(2)(a)(i), a co-operative bank need not carry on the business of banking only with its members. Income attributable to....

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