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Highlights / Annotations / Catch Notes For September of 2012

Home Highlights September September 2012 Year 2012

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Showing 351 to 400 of 587 Records

1 ....4 5 6 789 10 11 12

September 13, 2012 Case Laws Customs

Refund - burden of proof – Where a person claims refund of fine or penalty, there can be no presumption that he has passed on this incidence to any other person - AT
September 13, 2012 Case Laws Service Tax

Non registration - as the cause explained by the Appellant not to follow the provisions of the Finance Act, 1994 is reasonable no penalty u/s 76 is levied in view of the....
September 13, 2012 Case Laws Service Tax

Clearing and forwarding agent - 16-7-1997 to 31-8-1999 - case of the assessee comes within the definition of bona fide doubt and in that event, the extended period is......
September 13, 2012 Case Laws Service Tax

Penalties under Sections 76 and 77 - CBEC has directed not to commence proceedings where the assessee discharges full amount of service tax and interest - penalty waived - AT
September 13, 2012 Case Laws Central Excise

Cenvat Credit - Rule 6(1) shall apply in respect of goods used as fuel and on such application, the credit will not be permissible on such quantity of fuel which is used....
September 13, 2012 Case Laws Central Excise

Rebate claim – rejection of claim for non-endorsement of the name of the merchant exporter in the CT-I Certificate - substantive benefit cannot be denied for procedural lapses - CGOVT
September 13, 2012 Case Laws Central Excise

Refund / Rebate claim – EHTP unit - payment of duty on exempted goods – Government cannot retain the amount collected without authority. - Re-credit allowed - CGOVT
September 12, 2012 Case Laws Income Tax

Commencement of business - The AO as well as CIT(A) have misdirected themselves in this regard by laying emphasis on flow of revenue as a condition precedent for coming.....
September 12, 2012 Case Laws Income Tax

Technical Assistance Agreement - Acquiring of know-how - Once Section 35AB of the Act comes into play, then Section 37 of the Act has no application - SC
September 12, 2012 Case Laws Income Tax

TDS - commission or brokerage to the persons carrying on the business as “stamp vendors“ - bulk quantity - said discount is in the nature of cash discount - Section 194H....
September 12, 2012 Case Laws Income Tax

Penalty u/s 271(1)(c) - ince Clause (2) did not prescribe the time limit within which the assessee should pay tax on income disclosed in the statement under Section......
September 12, 2012 Case Laws Income Tax

Depreciation on Aeroplane-Aeroengines - whether the "Beechcraft Super King Air B-200C" purchased by the assessee fell within the description of aeroplane? - Depreciation....
September 12, 2012 Case Laws Income Tax

Interest income from loans - accrual of interest - in the year under appeal in which the borrowing companies were making handsome profits - held as taxable - HC
September 12, 2012 Case Laws Income Tax

Profit on sale of agricultural land - income from business OR capital gain - the assessee with a sole motive of dealing in land acquired the land and sold the same......
September 12, 2012 Case Laws Income Tax

India-Denmark DTTA - The amount in question received by the assessee from MIPL, MLIL and SIPL was not in the nature of FTS and the same being part of the income from......
September 12, 2012 Case Laws Income Tax

Deduction u/s.10A - he losses from non eligible units cannot be set off against the profit of the undertaking eligible for deduction u/s.10A - interest income will not......
September 12, 2012 Case Laws Income Tax

Penalty notice has been issued not in the course of survey proceedings u/s 133A but after its closure. - Thus, there is jurisdictional defect in assumption of......
September 12, 2012 Case Laws Income Tax

Best judgement assessment - the correct value of stock has to be adopted even if books are not rejected. - AT
September 12, 2012 Case Laws Income Tax

Co-operative Credit Society is distinct and separate from the Co-operative Bank nor it can be said as a Primary Co-operative Bank within the meaning of Banking......
September 12, 2012 Case Laws Income Tax

Application u/s 254 to rectify order of Tribunal on ground of mistake apparent from record - A decision on a debatable point of law is not a mistake apparent from the record. - AT
September 12, 2012 Case Laws Income Tax

Consultancy charges/fees for technical services paid to not residence working in overseas off shore oil and gas exploration projects it Nigeria - cannot be deemed to......
September 12, 2012 Case Laws Income Tax

Validity of reopening of assessment - AO has merely proceeded on surmises, conjectures and suspicion to observe that income of the assessee has escaped assessment which.....
September 12, 2012 Case Laws Income Tax

Since assets were put to use for less than 180 days, depreciation claimed only 50% of 15% - Balance additional depreciation was claimed by in instant assessment year -......
September 12, 2012 Circulars FEMA

ECB Policy – Repayment of Rupee loans and/or fresh Rupee capital expenditure – USD 10 billion scheme . - Circular
September 12, 2012 Circulars FEMA

ECB Policy – Bridge Finance for Infrastructure Sector. - Circular
September 12, 2012 Circulars FEMA

Trade Credits for Import into India. - Circular
September 12, 2012 Notifications Central Excise

Regarding the withdrawal of duty exemption in respect of goods required for initial setting up or substantial of Mega/ Ultra mega power projects. - Notification
September 12, 2012 Case Laws Customs

Confirmation of demand and imposition of penalties by invoking extended period - SC granted stay partly on deposit of 203 crores - SC
September 12, 2012 Case Laws Customs

Export of the goods - claim of duty drawback - Mere allegation of wrong classification without proving intentional mala fide cannot lead to imposition of penalty - CGOVT
September 12, 2012 Notifications Customs

Regarding inclusion of Inland Container Depot (ICD) Irungattukottai in the list of ports permitted for exports and imports under Export Promotion. - Notification
September 12, 2012 Notifications Customs

Seeks to amend Notification 12/2012-Customs, dated 17-03-2012, regarding the withdrawal of duty exemption in respect of goods required for initial setting up or......
September 12, 2012 Case Laws Service Tax

Demand of service tax with interest - information received by the appellants after passing of the adjudication order, under the RTI Act, is relevant to the facts of the.....
September 12, 2012 Case Laws Service Tax

Ordinary taxi-operators on the street are not brought under tax net under the entry for “Rent-a-Cab” scheme - AT
September 12, 2012 Case Laws Service Tax

Service provided by CRRS is to the Airlines and the Air Travel agent is promoting the service provided to Airlines - service provided by the Appellants to CRRS is......
September 12, 2012 Case Laws Central Excise

Classification - 'Parts of Television Receivers’ under heading 8529 OR ‘Television Receivers’ under Tariff Entry 8528 - Revenue had rightly classified the goods- product....
September 12, 2012 Case Laws Central Excise

Manufacture of fire bricks grog - goods are sold in gunny bags in loose condition held as Waste and scrap of fire bricks to be non-excisable / dutiable - AT
September 12, 2012 Case Laws Central Excise

Rebate claim – Procedural infraction of Notification, circular, etc. are to be condoned if exports have really taken place, and the law is settled now that substantive......
September 12, 2012 Case Laws Central Excise

The purpose of executing bond under Sections 58 & 65 of Customs Act, 1962 is entirely different - there is distinction between a bond executed for working as EOU and a......
September 11, 2012 Case Laws Income Tax

Deduction u/s 80IA - as no reason has been imparted as to why separate accounts were not maintained for the raw material sold and for the income derived from manufacture....
September 11, 2012 Case Laws Income Tax

Investment allowance u/s 32A - production - as the assessee has not led evidence before AO as to the exact nature of activities undertaken by it in the course of......
September 11, 2012 Case Laws Income Tax

Rectification of mistake u/s 254 - Tribunal was not justified in recalling the order passed by it in toto and setting the matter down for a fresh hearing - HC
September 11, 2012 Case Laws Income Tax

Undervaluation of closing stock - non inclusion of excise duty into computation - addition to the income on the ground of undervaluation of the closing stock was wrong - SC
September 11, 2012 Case Laws Income Tax

Expenditure on scientific research u/s 35(1) - Tribunal itself ought not to have decided this question without the opinion of the prescribed authority - the reference......
September 11, 2012 Case Laws Income Tax

Challenge against insertion of clause (iiid) and (iiie) to Section 28 and third and fourth provisos to Section 80HHC - operation of the said section could be given......
September 11, 2012 Case Laws Income Tax

Valuation of cost of construction of the commercial building - AO has power to refer to DVO - Tribunal has committed an error in holding that CPWD rates adopted by the.....
September 11, 2012 Case Laws Income Tax

Deemed Speculative Income – Section 73 -if part of its business consists of dealing in shares then all types of transactions, whether delivery based or nondelivery......
September 11, 2012 Case Laws Income Tax

Penalty u/s 271(1)(c) - denial of deduction u/s 80IB - Making an incorrect claim cannot tantamount to furnishing inaccurate particulars. - no penalty - AT
September 11, 2012 Case Laws Income Tax

Viability of taxing amount deposited in bank accounts which assessee contended to be out of income surrendered during search operations - Addition is directed to be deleted - AT
September 11, 2012 Case Laws Income Tax

Addition u/s 41(1) on account of presumed remission of liability - unless there is a cessation of liability, income cannot be added as per the provisions of Section 41(1) - AT
September 11, 2012 Case Laws Income Tax

Addition made u/s 69B – The five figures have been omitted by the assessee while preparing this paper and if five figures are added in the figure of 400 then it will......

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