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Highlights / Annotations / Catch Notes For 2016

Home Highlights Year 2016

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Showing 2501 to 2550 of 5838 Records

1 ....47 48 49 505152 53 54 55........ 117

July 4, 2016 Case Laws Central Excise

When a specific plea regarding violation of principles of natural justice is raised, CESTAT, Chennai, is bound to record a specific finding, which is conspicuously......
July 4, 2016 Case Laws Central Excise

Cenvat credit on inputs / capital goods used in installing the Captive Power Plant and Captive Power Plant is a Turnkey project which was not excisable - Tribunal......
July 4, 2016 Case Laws Central Excise

Prosecution proceedings u/s 9/9AA of the Central Excise Act, 1944 - the adjudication proceeding has not been finally determined in favour of the revisionists, criminal......
July 4, 2016 Case Laws Customs

Proper officer - Validity of Show cause notice issued by the Additional Director General, Directorate of Revenue intelligence - retrospective Amendment to Section 28 w.e....
July 4, 2016 Case Laws VAT and Sales Tax

Provisional attachment of personal property of the director in case of company - recovery of tax - Input tax credit - dealer would be the company and not the directors -....
July 4, 2016 Case Laws VAT and Sales Tax

Classification of the product Wire Mesh - an article manufactured to serve as a part of a particular kind of apparatus would not cease to be covered by the intended......
July 4, 2016 Case Laws Income Tax

Payment for use of technical know-how and trademark/logo - it is patent that the payment has been made by the assessee for ‘use of ’ trademarks and not for acquiring......
July 4, 2016 Case Laws Income Tax

Section 115BBC - Anonymous Donations - Confirmation obtained from donors during the course of remand proceedings, therefore, impugned donations are no more anonymous in nature.
July 4, 2016 Case Laws Income Tax

Assessee association having primary purpose of advancement of objects of general public utility, therefore it would remain charitable even if an incidental activity for.....
July 4, 2016 Case Laws Income Tax

Since the assessee is working as sole selling agent the provisions of section 194J or 194C and 40(a)(ia) not attracted where the payment is made directly to the......
July 4, 2016 Case Laws Income Tax

TDS u/s 195 - Technical service would be FTS/FIS only when technical knowledge made available i.e. only if the twin test of rendering services and making technical......
July 4, 2016 Case Laws Income Tax

Addition u/s 68/56(2)(v) - Donors very grim financial background does not justify gift of such a large sum, creditworthiness/financial capacity of donors not proved.......
July 4, 2016 Case Laws Income Tax

Assessee has claimed the expenses of foreign travelling of both the directors who are husband and wife - Allowability of said expense is a debatable issue - penalty u/s.....
July 4, 2016 Case Laws Income Tax

(i) Year of taxability of income - as per regular method of accounting and not as per the year in which TDS has been deducted (ii) Loan processing fees paid for purchase....
July 4, 2016 Case Laws Income Tax

Assessee neither challenged reopening nor has been able to disprove the finding of AO - penalty leviable u/s 271(1)(c) as assessee furnished inaccurate particulars and......
July 4, 2016 Case Laws Income Tax

Rate of tax - Maximum Marginal Rate (MMR) - If there is violation of Section 13 read with Section 11, MMR can be applied only to that sum which was considered u/s 13 and....
July 4, 2016 Case Laws Income Tax

House property conveyed to the assessee by means of settlement deed subject to his mother's life interest over such property cannot be considered as one of the......
July 4, 2016 Case Laws Income Tax

Penalty u/s 271(1)(c) - Since the entire addition u/s 68 has not been conclusively proved and it is based on assumption and not by verification, penalty u/s 271(1)(c) deleted
July 2, 2016 Case Laws Service Tax

Extended period of limitation - demand of service tax - Valuation - The Show Cause Notice does not even remotely bring out as to how it was a wilful act to evade service....
July 2, 2016 Case Laws Service Tax

Rejection of Refund of cenvat credit without issuing show cause notice - export of services - wrong application of formula prescribed in the Notification......
July 2, 2016 Case Laws Service Tax

Classification of service - nature of contract - There is no whisper in the contracts for supply of manpower - The entire essence of contract is the execution of work......
July 2, 2016 Case Laws Customs

Interest liability on the differential duty of the customs which was paid after 103 days from the date due to be paid to the national exchequer - since there is no......
July 2, 2016 Case Laws Central Excise

Merely making some deposit during the course of investigation on persuasion of the departmental officers does not corroborate that the assessee has cleared the goods......
July 2, 2016 Case Laws Central Excise

Cash refund of unutilized cenvat credit - assessee entitled to get refund lying unutilized in their Cenvat credit account on the closure of their factory - AT
July 2, 2016 Case Laws Central Excise

Levy of Penalty - manual filing of returns - department has been accepting their manual returns and after 5 years, issued notice for imposing penalties for not filing......
July 2, 2016 Case Laws Central Excise

Demand of duty on sugar syrup consumed captively for manufacture of exempted finished goods - test of marketability - what is relevant is the test of marketability and......
July 2, 2016 Case Laws Central Excise

Duty liability on samples drawn for testing within the factory premises - drawing of samples and removal of samples are two different events and it is only the latter......
July 2, 2016 Case Laws VAT and Sales Tax

Benefit of sales tax exemption - sale price were same from the exempted and non-exempted units - Uniform pricing cannot be a ground to hold that the respondent was......
July 2, 2016 Case Laws Income Tax

Assessee (tenant) incurred expenditure on renovation of premises, however assessee did not get any benefit of lower rent, therefore the entire expenditure cannot be......
July 2, 2016 Case Laws Income Tax

Assessee unable to substantiate the money deposited in his bank accounts - Addition u/s 68 confirmed - The benefit of "peak credit principle" not extended.
July 2, 2016 Case Laws Income Tax

AO would have considerable latitude in issuing notice for re-opening if it is found that he had tangible material to form a belief that income chargeable to tax had......
July 2, 2016 Case Laws Income Tax

Minor delay in filing the declaration u/s 206C(1A) would not defeat the very purpose of declaration - Addition made u/s 206C(1)deleted
July 2, 2016 Case Laws Income Tax

It is by now well settled that reopening of an assessment cannot be resorted to for roving or fishing inquiry.
July 2, 2016 Case Laws Income Tax

Minute scrutiny made in original assessment. Without there being anything additional on record, it would therefore, not be permissible for the Assessing Officer to......
July 2, 2016 Case Laws Income Tax

In case of cash credit account or term loan accounts, there is no debtor-creditor relationship between the bank and the assessee, therefore power of recovery given under....
July 2, 2016 Case Laws Income Tax

Mere recalling an earlier order by ITAT, in exercise of the powers conferred on the tribunal under the proviso to Rule 25 of Income-Tax (Appellate Tribunal) Rules, 1963,....
July 2, 2016 Case Laws Income Tax

Ad-hoc deduction allowed at 25% for purchase expenditure, as admittedly corresponding sales against these very purchases have been offered and accepted for tax
July 2, 2016 Case Laws Income Tax

Where money lending is a substantial part of the business of the company - loan obtained by shareholder is not deemed dividend u/s 2(22)(e)
July 2, 2016 Case Laws Income Tax

Interest free advances and loans given to directors & sister concerns for non business purposes - Assessee had interest free funds of its own basis which addition u/s......
July 2, 2016 Case Laws Income Tax

Product Development Expenditure incurred in the ordinary course of business for promoting existing brands, sustaining market and to push up the sales is Revenue expenditure
July 2, 2016 Case Laws Income Tax

Assessee a salaried employee made some investment in shares. Held, the assessee was in investment of shares not share trading - CBDT Circular no. 6/2016 dated February......
July 1, 2016 Case Laws Service Tax

Refund of service tax paid under the Construction of Residential Complex Service shall be granted directly to the buyers of flat and not to the builder where builder has....
July 1, 2016 Case Laws Indian Laws

Arbitration proceedings - whether the disputed claim is live claim or not - The disputed claims having never been adjudicated, we are of the view that there was a......
July 1, 2016 Case Laws Wealth-tax

Net wealth - if the building under construction is not to be regarded as building then the land on which the construction is started will have to be included in the......
July 1, 2016 Case Laws Customs

Revocation of CHA license - Writ application - Misuse of IEC - allegations of misconduct against the petitioner proved - writ petition dismissed - HC
July 1, 2016 Case Laws Customs

Import of poppy seeds from the supplier of China - permission for import of restricted items - second respondent directed to entertain the application in accordance with....
July 1, 2016 Case Laws VAT and Sales Tax

Valuation - reduction of discount given to customers on the sales finalized at the year end from the next year's turnover - In essence what the assessee did, was to......
July 1, 2016 Case Laws VAT and Sales Tax

Revision of assessment order to deny the exemption - despite the breach of condition, AO granted benefit of exemption. The action was thus clearly erroneous. Under......
July 1, 2016 Case Laws VAT and Sales Tax

Waiver of pre-deposit - appeal was pending before the tribunal - The mere fact that the petitioner paid 25% of the disputed tax would not by itself justify grant of stay. - HC
July 1, 2016 Case Laws Income Tax

In view of the provisions of section 43B, Excise duty/customs duty paid by the assessee in a particular accounting year is allowable as deduction in such year

1 ....47 48 49 505152 53 54 55........ 117

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F: Stock damaged in recent floods

F: GST on Solar Plant

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C: Guidelines to Stock Exchanges, Clearing Corporations and Depositories

T: Supreme Court Upholds Validity of Re-Assessment Notices Issued During ...

F: Transfer of ITC without filing ITC-02

F: assessment order

F: INTERMEDIARY SERVICES OR EXPORT SERVICES

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 ...

H: Goods Inspection Matches E-Way Bill, Lack of Tax Evasion Intent Quashe...

H: Income tax reassessment validity: AO initiated proceedings u/s 147 ins...

H: Reassessment Rules Interpretation: Taxpayer Wins Over Accommodation En...

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

H: Building sale value can't determine depreciation; actual consideration...

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 ...

A: Director Identification Number

A: No GST is applicable for the services provided by the Director under p...

A: Income Tax Act Revamp (Comprehensive Review): Status and Suggestion on...

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