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Highlights / Annotations / Catch Notes For 2016

Home Highlights Year 2016

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Showing 1901 to 1950 of 5838 Records

1 ....35 36 37 383940 41 42 43........ 117

August 10, 2016 Case Laws Income Tax

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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....
August 9, 2016 Case Laws Income Tax

There is no requirement of a notice u/s 143(2) for completing an assessment u/s 153C and if that be so, the question of time limit prescribed u/s 143(2) does not have......
August 9, 2016 Case Laws Income Tax

MAT - the reserve created for unexpired risk need not be added back for the purpose of computation of book profits u/s 115JB of the Act. - AT
August 9, 2016 Case Laws Income Tax

Leakage of revenue - Any disallowance should be specific and properly quantified - presumptive and ad-hoc addition based on an outlandish consideration of plugging......
August 9, 2016 Case Laws Income Tax

TDS u/s 194J - license fees paid to IRCTC - even an iota of rendering any service is missing, when there is no service, there is no question of applicability of sec. 194J - AT
August 9, 2016 Case Laws Income Tax

Transfer pricing adjustment - royalty payment - rejecting the entire payment without there being any analysis cannot be accepted - AT
August 9, 2016 Case Laws Income Tax

Penalty u/s 271(1)(c)- additions u/s 68 - the contention of the assessee cannot be straightway rejected that such error may occur due to software problem - AT
August 9, 2016 Case Laws Income Tax

Taxability in India - Proportionate amount received for demobilization of vessels outside Indian territorial waters - the contracts entered into between the assessee and....
August 8, 2016 Case Laws Service Tax

Cenvat credit – credit of service tax paid on GTA service while claiming the same as re-reimbursement of expenses for providing Business auxiliary services - credit not allowed - AT
August 8, 2016 Case Laws Service Tax

Cenvat credit - Commercial and industrial construction service - The land and the factory were required directly and in any event indirectly in or in relation to the......
August 8, 2016 Case Laws Customs

Maintainability of demand after the Company wound up – liquidator appointed – company wound up – appeals abated - all matter to be closed. - AT
August 8, 2016 Case Laws VAT and Sales Tax

Sealing of the premises of the transporters of goods of dealers - There has been a wilful violation of the statutory provisions by the officers concerned. They have......
August 8, 2016 Case Laws VAT and Sales Tax

Revenue neutral exercise - Credit of entry tax paid is available to manufactures - Unless the petitioners discharge their tax liability at their instance, no......
August 8, 2016 Case Laws VAT and Sales Tax

Restriction on freedom of trade - violation of the mandate of Article 301 of the Constitution of India - the petitioners have not anywhere pleaded that even after the......
August 8, 2016 Case Laws VAT and Sales Tax

Levy of entry tax - legislative competence of the state of Maharashtra - the State is not denuded of its power to impose entry tax on the import of goods from outside......
August 8, 2016 Case Laws VAT and Sales Tax

Levy of entry tax – so long as the import for consumption, use or sale within the local area attracts the levy, it is immaterial whether the goods originally arrived......
August 8, 2016 Case Laws VAT and Sales Tax

Revision of assessment after 5 years - period of limitation - section 40 r.w.s. 28 & 31 of HVAT - Revision proceedings must conclude within 5 years from the date of......
August 8, 2016 Case Laws VAT and Sales Tax

Validity of cancellation of TIN registration number - merit of the case not examined – principle of natural justice - GVAT - no notice either in form No.104, or any......
August 8, 2016 Case Laws Central Excise

Cenvat Credit - payment of duty where processing is not amounting to manufacture - they had cleared the fabrics cut to required sizes - payment of duty which was not......
August 8, 2016 Case Laws Central Excise

Refund of unutilized Cenvat credit - closure of factory - due to suffering heavy losses, the appellants stopped their production - surrender of registration certificate.....
August 8, 2016 Case Laws Service Tax

Cenvat credit - Service tax paid on immovable property rent on sale office - whether related to post removal of goods or not - place of removal - credit allowed - AT
August 8, 2016 Case Laws Central Excise

Who is liable to pay duty - conversion of proprietorship to partnership firm and then from partnership firm into company - when all the liabilities and assets are......
August 8, 2016 Case Laws Central Excise

Whether the cross-objections filed by the assessee before Commissioner (Appeals) can be considered to be an appeal or not - Held Yes - AT
August 8, 2016 Case Laws Central Excise

Refund of modvat credit - admissibility - period of limitation - accumulation of credit due to export of goods - u/s 11B, the relevant date for such type of refund, is......
August 8, 2016 Case Laws Central Excise

Cenvat credit - Distribution of credit by the ISD - cenvat credit allowed subject to the condition that the original duty paying document, on the basis of which Service.....
August 8, 2016 Case Laws Central Excise

Cenvat Credit on capital goods - use of capital goods in the manufacturing of exempted goods - when two notifications available to assesse he can opt for most beneficial....
August 8, 2016 Case Laws Central Excise

Applicability of trade notice dated 24.02.2014. - Requirement of physical control on the unit by jurisdictional officers on cigarette manufacturing unit - appellant is......
August 8, 2016 Case Laws Central Excise

Availability of cenvat credit on the services availed by job worker exclusively manufacturing the goods on behalf of respondent while availing exemption under......
August 8, 2016 Case Laws Income Tax

Reopening of assessment - information has been received by DGIT (Inv.) branch of Ahmedabad about bogus purchases - the authority is justified in issuing notice under......
August 8, 2016 Case Laws Income Tax

Reopening of assessment - reasons to believe - information received from the DGIT, Investigation Branch - it cannot be said that this is not justifiable material to form....
August 8, 2016 Case Laws Income Tax

Penalty proceedings u/s 271F and prosecution u/s 276CC - the petitioner-Society will not be fully justified in taking a stand that they will not file their return of Income - HC
August 8, 2016 Case Laws Income Tax

Eligibility for the benefit of Section 10B - the scrap and spent solution are part of the manufacturing process - exemption allowed - HC
August 8, 2016 Case Laws Income Tax

Forfeiture of advance received against capital asset - Since the forfeiture amount is more than the cost of asset, the excess amount of forfeiture has to be brought to......
August 8, 2016 Case Laws Income Tax

Registration under S.12AA - dissolution clause - incidental objects - such clause primarily enables the assessee to raise funds to attain the main objects of the company....
August 6, 2016 Case Laws Service Tax

Levy of service tax on person manufacturing alcoholic liquor for human consumption on job work basis - Constitutional validity upheld - HC
August 6, 2016 Case Laws VAT and Sales Tax

Input tax credit - purchases of pet coke where it is used for generation of electrical energy for captive consumption - Punjab VAT - credit allowed - HC

1 ....35 36 37 383940 41 42 43........ 117

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F: Transfer of ITC without filing ITC-02

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H: Revision: Hospital receipts verified, partial refunds & fees paid subs...

F: ITC Issue in case of Acqusition of Company in Insolvency

H: Goods matched documents like e-way bill and invoices; detention order ...

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H: Sale-purchase loss disallowed unreasonably by tax officer, commercial ...

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H: Loan to equity conversion attracts income tax on excess share premium ...

H: Property purchase: Joint owners pay via banking channels before regist...

H: Tax exemption limit for leave encashment: Local authorities' employees...

H: Tax assessments beyond 6-year limit quashed, satisfaction note lacked ...

H: Cash found in lockers linked to temple trust and educational foundatio...

H: Microphone Tech Classification: Functionality Over Technology.

H: Exemption from Social Welfare Surcharge on duty-free imports via scrips.

H: Claim for performance pay not an operational debt under IBC; Multiple ...

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