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Highlights / Annotations / Catch Notes For 2017

Home Highlights Year 2017

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Showing 2401 to 2450 of 4703 Records

1 ....45 46 47 484950 51 52 53........ 95

May 23, 2017 Case Laws Income Tax

Revision u/s 263 - business loss cannot be set off against other sources as per sec.71 - there is a divergent view on the issue of set off of business loss out of......
May 23, 2017 Case Laws Income Tax

Penalty u/s 271AAA(2) - assessee has admitted to have earned unaccounted commission income during the course of search proceedings - he has paid due taxes along with......
May 23, 2017 Case Laws Income Tax

Deduction u/s. 80-IAB - The head of income under which the said income is assessable, which is on the basis of the source – from amongst the specified sources under the.....
May 22, 2017 Case Laws Service Tax

Interpretation of statute - GTA service - Exemption - the individual consignment transported in a single lorry had freight amount exceeding ₹ 750/-, thereby......
May 22, 2017 Case Laws Service Tax

The Department cannot proceed to recover the interest u/s 87 without issuing a SCN and determination of the amount due and payable by the appellant as provided under......
May 22, 2017 Case Laws Service Tax

The demand u/s 73 (1) of the FA, 1994 has to be issued within the period with reference to relevant date as stipulated in the said Section. There is no provision to......
May 22, 2017 Case Laws Service Tax

Export of services - the procurement of orders in the Indian market, on behalf of the foreign principal for which payment is received in foreign exchange from the......
May 22, 2017 Case Laws Central Excise

Refund of cenvat credit - Duty under protest - closer of factory - Rule 5 in no way prohibits the payment of the refund amount in cash - HC
May 22, 2017 Case Laws Central Excise

Valuation - raw material supplied free of cost by the buyers - the value of the materials, components, parts supplied free of cost by the buyer to the appellants for use....
May 22, 2017 Case Laws Central Excise

Mere a prescription of Chapter Note in the tariff will not create the duty liability on the waste and scrap of metal goods arisen during the course of repair and......
May 22, 2017 Case Laws Central Excise

Valuation - related party transaction - Pfizer is merely a service provider to the appellant - In the absence of any proof of mutuality of interest, it cannot be said......
May 22, 2017 Case Laws Customs

Foreign Trad Policy - Despite absence of any power under Section 5 of the FTDR Act, 1992 for any retrospective amendment, several such amendments/instructions are being.....
May 22, 2017 Case Laws VAT and Sales Tax

Deemed sale - Transfer of right to use - Franchise agreement - royalty - The Appellant and the Petitioners grant a non-exclusive license to the franchisees, which can be....
May 22, 2017 Case Laws Income Tax

Assessment u/s 153A - pre-condition justifying the invocation of the power of search u/s 132 (1) against the Petitioner - The Respondent's search of the Petitioner was a....
May 22, 2017 Case Laws Income Tax

Income from share transactions - the assessee had indulged in a dubious share transaction meant to account for the undisclosed income in the garb of long term capital......
May 22, 2017 Case Laws Income Tax

Validity of order passed u/s 142(2A) for special audit - Though proviso is silent about reasonable opportunity, it refers opportunity to both the petitioner as well as......
May 22, 2017 Case Laws Income Tax

Leased rental received - Income from house property - During the first year of lease he has agreed to receive the 60% profit of the business as annual rental income but.....
May 22, 2017 Case Laws Income Tax

The case of the assessee can be easily summarised in a Hindi proverb- “Chitt bhee meri Pat bhee meri. ”To save itself from the penal provisions, it claimed that it was a....
May 22, 2017 Case Laws Income Tax

We are aware that morality and ethics are not part of the tax jurisprudence and we are also not deciding a moral issue. But, it does not mean that assessee can take a......
May 22, 2017 Case Laws Income Tax

Section 10B being an exemption provision, income of the 10B unit has to be excluded at the source itself before arriving at the gross total income and since this income.....
May 22, 2017 Case Laws Income Tax

Exemption u/s 10(23C) (iiiad) - If the corpus fund is excluded, the balance aggregate annual receipt of the assessee’s educational institution would be less than ₹....
May 22, 2017 Case Laws Income Tax

TPA - ALP - interest on delayed realization of receivables is a separate international transaction and, therefore, requires separate benchmarking. It has nothing to do......
May 22, 2017 Case Laws Income Tax

Taxable income - forfeiture of share warrants - whether treated as capital receipt in nature? - if the initial receipts of a business are not trading receipts in the......
May 20, 2017 Case Laws Service Tax

Penalty u/s 78 - VCES scheme - appellants while availing VCES gave a false declaration as they have not declared the correct dues. Therefore, their case cannot be......
May 20, 2017 Case Laws Service Tax

Business Auxiliary Services - service as a financial broker by providing arrangement - The commission is received by them in the financial transaction where they acted......
May 20, 2017 Case Laws Service Tax

Consultancy engg. service - supply of engineering design, drawing and documents - the supply of imported and indigenously procured drawing and designs, treating them as.....
May 20, 2017 Case Laws Central Excise

Deemed Manufacture - The master box was opened and cartons containing vials/bottles were taken out and sticker bearing the details of import Licence no. price and the......
May 20, 2017 Case Laws Customs

100% EOU - import of second hand machinery - even though the goods have not been cleared for home consumption, the same have not been accounted for to the satisfaction......
May 20, 2017 Case Laws Customs

There is no provision in the Customs Act to initiate fresh proceedings, after the final adjudication has taken place and that too, when the order stand merged with the......
May 20, 2017 Case Laws Customs

Duty on re-export of goods - the goods have been re-exported after six months but before one year, the clauses of the notification are very clear and the appellant is......
May 20, 2017 Case Laws Income Tax

Transfer - capital gains - In the absence of registration of JDA the agreement does not fall under Section 53A of 1882 Act and consequently Section 2(47)(v) of the Act......
May 20, 2017 Case Laws Income Tax

Setting off of indirect income against the operational income / trading loss - claiming deduction u.s 80IB - section 71 of the Income Tax Act allows set off of loss from....
May 20, 2017 Case Laws Income Tax

Short term capital loss on sale of shares - revenue has failed to establish that transactions are sham and merely book entries and further the explanation to section 73.....
May 20, 2017 Case Laws Income Tax

Capitalization of license fee and royalty expenditure - The license fee and the royalty fee to the Government of India is on a year to year basis and this fact was never....
May 20, 2017 Case Laws Income Tax

Non deduction of TDS u/s 195 - if payee had taken into account the interest paid by the assessee while computing their taxable income and had filed their return, then......
May 20, 2017 Case Laws Income Tax

Addition u/s. 68 - proof of creditworthiness or genuineness - Mere payment by account payee cheque is not sacrosanct nor can it make a non-genuine transaction genuine -.....
May 20, 2017 Case Laws Income Tax

Penalty u/s 271(1)(c) - validity of notice u/s 274 - Quite clearly, non-striking-off of the irrelevant limb in the said notice does not convey to the assessee as to......
May 20, 2017 Case Laws Income Tax

Charging of tax on the interest received from the temporary fixed deposits from the escrow account out of the barrowed funds committed for project implementation - such.....
May 20, 2017 GST

Goods and services Tax - Rates of Tax for goods and Services - Schedule wise and item wise
May 19, 2017 Case Laws Service Tax

Refund claim - export of services - mere fact that the appellant has been promoting and marketing foreign universities within India and then getting prospective students....
May 19, 2017 Case Laws Service Tax

Packaging Activities - Liability of tax - the respondent shown the cost and an amount of 10% for supply of goods. Since these supply involve sale with profit of 10%, the....
May 19, 2017 Case Laws Service Tax

Mandap keeper services - renting out the halls / open spaces/ theaters and auditoriums to their clients are allowed for temporary occupation for a consideration - the......
May 19, 2017 Case Laws Service Tax

Business Auxiliary Services - the appellants are not engaged in procuring any input service for the telecom operators. In fact, they are developing the contents and......
May 19, 2017 Case Laws Service Tax

Reverse charge mechanism - Telecommunication services - outbound roaming services - Foreign Service provider has not been granted with any licenses under the Indian......
May 19, 2017 Case Laws Central Excise

Imposition of penalties on partners of manufacturing firm u/r 26 of CER - non-payment of Central Excise duty by the partnership firm, M/s Allied Electricals - It is not.....
May 19, 2017 Case Laws Central Excise

Adjustment of sanctioned refund amount against arrears of Central Excise duty of lessor company - the lease deed provisions have no relevance or application to justify......
May 19, 2017 Case Laws Customs

Entitlement to interest on refund - respondents are liable to refund the amount on expiry of three months from 18.11.2002 to the petitioner ie. the date of the order of.....
May 19, 2017 Case Laws Customs

Misdeclaration of goods - undervaluation - It is a fact of common sense that the branded goods are priced much more than the local non-leather Chinese shoes. As such,......
May 19, 2017 Case Laws Customs

Penalty u/s 114A and 114AA - Focus product scheme - licence issued against the fake shipping bills - the appellant was vigilant as per the maxim EX ALUN DANTI CAUTELA -.....
May 19, 2017 Case Laws VAT and Sales Tax

Liability of tax on purchase of Supari - Merely because the Department for some reason could not collect tax on the sale of ‘supari’ u/s 10 would not mean absence of......

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A: ELECTRONIC CASH LEDGER

A: CENVAT credit can be claimed for telecom infrastructure

A: RECENT DEVELOPMENTS IN GST

A: ITC on Telecommunication Towers: Bharti Airtel (SC) implication in GST...

F: GST AUDIT U/S 65 AND SHOW CAUSE U/S 73

F: RMC ON FRIGHT

F: RCM on Rent for Exempted Commodity

F: RCM on Rent for Composite Dealer

F: Stock damaged in recent floods

F: Labour Cess applicable on cost of construction without GSt or gross cost

N: Amendment in Notification No. 18/2021-Customs (ADD), dated the 27th Ma...

H: Penalty on concealment deleted due to lack of evidence of deliberate u...

H: Company's expenses disallowed, but no penalty as details disclosed; Tr...

H: Resolving Arbitral Tribunal's Mandate Extension: Supreme Court Allows ...

H: Court allows appeal against retrial order for evidence forgery; uphold...

H: Provisions restricting input tax credit on goods/services for construc...

H: Tax Penalty Notice Defects: Grounds Must Be Clear.

H: Taxpayer gets relief under tax dispute resolution scheme despite pendi...

H: Lack of jurisdiction for AO to invoke Sec 153C without receiving mater...

H: Writ challenging assessment dismissed; assessee availed remedy of appe...

H: Income from house property additions - ALV capped at Rs.8.39L for 2015...

H: Fraudulent employee mishandling led to embezzlement loss deductible u/...

H: Taxpayer challenges legality of vague penalty notice - CIT(Appeals) om...

H: Tax-free dividend income, interest-free funds disallowance relaxed, TD...

H: Property renovation costs wrongly disallowed; Revenue authorities over...

H: Charity trust's registration wrongly denied, court orders re-evaluatio...

A: PENALTY ON DIRECTORS CONTRAVENING EXPORT REGULATIONS UNDER FOREIGN EXC...

A: Difference between “License” and “Royalty”

A: Penalty proceedings under Section 130 of the CGST Act cannot be initia...

C: Guidelines to Stock Exchanges, Clearing Corporations and Depositories

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