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Highlights / Annotations / Catch Notes For 2016

Home Highlights Year 2016

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Showing 401 to 450 of 5838 Records

1 ....5 6 7 8910 11 12 13........ 117

November 26, 2016 Case Laws Customs

Levy of SAD - DEPB Scheme - whether the goods imported by appellants availing exemption under Notification No.34/97 - Cus. dt.7.4.1997 can claim exemption from levy of......
November 26, 2016 Case Laws Customs

Clearance of goods under DEEC Scheme - import of Fourspar powder - goods warehoused and on expiry of wrehousing period, the goods were instructed to be cleared - Denial.....
November 26, 2016 Case Laws Central Excise

Method of Valuation - once goods are covered by notification issued under Section 4A, then irrespective of any other consideration such as whether the supply is in......
November 25, 2016 Circulars Customs

Abolition of Mate receipt - since the advent of automation of Customs procedures, message exchange system, the manual issuance of mate receipt in the case of......
November 25, 2016 Case Laws Central Excise

Since the appellants have not declared in their ST3 Returns that input service credit was used in relation to trading activity. This amounts to suppression of facts and.....
November 25, 2016 Case Laws Central Excise

Manufacture - Marketability - fabrication of various articles of steels namely, trusses, purelines, beams and columns etc. at their site, using contractors - these items....
November 25, 2016 Case Laws Central Excise

Refund claims of unutilized cenvat credit - export of goods - period of limitation - initially the refund claim was filed before the wrong authority - refund allowed - AT
November 25, 2016 Case Laws Central Excise

CENVAT credit - appellants are eligible for the credit on duty paid on beams, columns, structures, fabricated columns used as inputs for manufacture of structures and......
November 25, 2016 Case Laws Central Excise

Duty and penalty amount was jointly imposed on the three units. The amount is not quantified for individual unit for the offences committed by them. Such joint liability....
November 25, 2016 Case Laws Central Excise

Manufacture - O Ring & U Cap seals which were purchased by the appellant from various manufacturers and packeting the same as spares would not amount to manufacture by......
November 25, 2016 Case Laws Customs

Confiscation of unaccompanied baggage - Scope of redemption fine u/s 125 - it is not a bona fide baggage and such materials could not have been imported without a valid.....
November 25, 2016 Case Laws Central Excise

CENVAT credit - once there is a nexus between the services received and the manufacturing activity undertaken by the appellant minor Procedural Lapses / Irregularities......
November 25, 2016 Case Laws Income Tax

Taxability of capital gains in the hands of the assessee firm - Here when the retiring partner took cash and also further cash in lieu of agreed constructed area from......
November 25, 2016 Case Laws Income Tax

Penalty u/s 271(1)(c) - income from other sources - as per assessee reimbursements do not constitute the income of the assessee - the agreement constitutes ‘self-serving....
November 25, 2016 Case Laws Income Tax

Cross Objection is not maintainable in view of the fact that the Appeal itself was rejected. - HC
November 25, 2016 Case Laws Income Tax

MAT computation - assessee’s interest income and profit on sale of Mutual Funds would not form part of the computation of ‘book profits’ u/s 115JB - AT
November 25, 2016 Case Laws Income Tax

Corpus donations received by the assessee-trust cannot be brought to tax despite the fact that the assessee-trust was not registered under section 12A/12AA of the Act. - AT
November 25, 2016 Case Laws Income Tax

In the absence of anything to show that the transaction was by way of money laundering, additions could not be made towards gifts when the assessee has discharged his......
November 25, 2016 Case Laws Income Tax

Disallowance u/s 40A(3) - cash payments (in excess of ₹ 20,000 on each occasion) - purchase of its stock-in-trade (country liquor) - the relation between the......
November 25, 2016 Case Laws Income Tax

Penalty u/s. 271(1)(c) - AO failed to cut the irrelevant portion of the printed Show cause notice - assessee contended that, the said notice is not clear whether it was.....
November 24, 2016 News Indian Laws

No over the counter exchange of old ₹ 500 and ₹ 1000 notes after midnight of 24.11.2016;.Certain other exemptions continued till 15th December, 2016 with......
November 24, 2016 Case Laws Income Tax

Expenses incurred on up-gradation of software do not result into acquisition of any asset nor acquisition of enduring benefits as software become obsolete very quickly -....
November 24, 2016 Case Laws Income Tax

Exemption u/s 11 & 12 - whether transaction with the caterer was in substance a mere passive letting of property, which could in no way be regarded as a business? - it......
November 24, 2016 Case Laws Income Tax

Assessee has raised loans and paid interest and forwarded the same for non-business consideration therefore the interest from the said amount cannot be allowed as......
November 24, 2016 Case Laws Income Tax

Tribunal has committed a grave error in holding that the deduction u/s 32AB of the Act is allowable with reference to the profit of the business as a whole and not in......
November 24, 2016 Case Laws Income Tax

Claim of refund of tax paid earlier since the return was treated as Invalid by the AO - delay in rectification of return u/s 139(9) - refund cannot be allowed - HC
November 24, 2016 Case Laws Income Tax

Interest for deferment of advance tax - Section 234C is applicable where there is shortfall in the making of payment, by the assessee, on the returned income, whether it....
November 24, 2016 Case Laws Income Tax

In the context of section 80-O, the services may be rendered from India, but have to be performed on foreign soil. Any other interpretation renders the Explanation......
November 24, 2016 Case Laws Income Tax

ALP adjustments - there is a school of thought that a domestic arm’s length principle, which is what transfer pricing legislation represents, goes much beyond a tax......
November 24, 2016 Case Laws Service Tax

Constitutional validity of levy of service tax on restaurants - Validity of sub clause (zzzzv) of clause 105 of Section 65 of the Finance Act, 1994 - The declaration......
November 24, 2016 Case Laws Service Tax

Business Auxiliary Service - appellant has acted as a broker and made available the details of financiers to potential operators. - such an activity will not bring the......
November 24, 2016 Case Laws Central Excise

The denatured alcohol is acknowledged as an excisable good and 'output' in terms of CENVAT Credit Rules, 2004. There cannot be discriminatory treatment in the treatment.....
November 24, 2016 Case Laws Central Excise

Rejection of refund claim - the assertion of the appellant that price has been uniform is misplaced and is not correct. Section 11B of the Central Excise Act, 1944 put......
November 24, 2016 Case Laws Central Excise

Cenvat Credit - input services - payment rendered to M/s.Amas Bank for raising funds through GDRs for USD Million during April 2008 - The wordings relating to business'.....
November 24, 2016 Case Laws Central Excise

CENVAT credit of NCCD paid on Partially Oriented Polyester Yarn (POY) - Simultaneous availment of duty exemption and benefit of cenvat credit militates against the very.....
November 24, 2016 Case Laws Central Excise

Levy of penalty in the absence of confiscation - penalty under Rule 26 of the Central Excise Rules, 2002 even in case where there is no proposal for confiscation can be imposed - AT
November 24, 2016 Case Laws Central Excise

Cenvat Credit - Recovery of cost from employees - The appellants had claimed that the credit of outdoor catering services were availed by the appellant for making......
November 24, 2016 Case Laws Customs

Rejection of refund claim - EDD - 1% extra duty deposit - EDD is in the form of security and the doctrine of ‘unjust enrichment’ is not applicable in the case of refund of EDD - AT
November 24, 2016 Case Laws Customs

Project import - benefit of Notification No. 6/2002-CE dt.1.3.2002 - the exemption cannot be extended to turbine which converts heat energy into rotational energy (kinetic energy) - AT
November 24, 2016 Case Laws VAT and Sales Tax

Valuation - sale of vehicles - discount allowed by issue of credit notes - Tribunal was not justified in rejecting the claim of the applicant by holding that the......
November 24, 2016 Case Laws VAT and Sales Tax

Input Tax Credit - sale of goods at a rate lower than the price shown in the VAT invoice (purchase price) - Input Tax Credit is allowable as per VAT invoice irrespective....
November 24, 2016 Case Laws VAT and Sales Tax

Levy of penalty for not following procedure for movement of vehicle carrying goods - the punching having been introduced in VAT laws as an additional feature, it is also....
November 23, 2016 Case Laws Service Tax

CENVAT credit - rental services - Rule 2(l) of CCR, 2004 clearly mentions that the service utilised in or in relation to the manufacture of final products is eligible as....
November 23, 2016 Case Laws Service Tax

Refund claim - N/N. 12/2005-ST - Export of services - filing of declaration is a procedural requirement which is condoned and the lower authorities are directed to......
November 23, 2016 Case Laws Service Tax

Goods Transport Agency Services - delivery of food grains as per direction of the District Supply Officer/District Collector, Latur, under P.D.S. scheme - No service tax liability - AT
November 23, 2016 Case Laws Service Tax

Imposition of penalty u/s 78 - there was a bonafide error in not recording the amount in the ST-3 return is seems to be acceptable - penalty waived - AT
November 23, 2016 Case Laws Central Excise

Refund claim - compounded levy scheme - abatement in case of non-production of goods - no duty can be demanded when goods are not produced - refund allowed - AT
November 23, 2016 Case Laws Central Excise

Credit availed on inputs transferred to other unit - it is apparent that the other unit to which the material was transferred could not have benefited by taking the......
November 23, 2016 Case Laws Central Excise

CENVAT credit on PET Pre-forms - whether PET Pre-forms are not an input for their finished product-PS Radiators and Cylinders? - The allegations in the show cause notice....
November 23, 2016 Case Laws Central Excise

The appellant has correctly taken suo motu Cenvat credit of Education Cess and S&H Education Cess paid by them by utilised Cenvat credit of BED after payment of......

1 ....5 6 7 8910 11 12 13........ 117

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