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Highlights / Annotations / Catch Notes For 2017

Home Highlights Year 2017

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1 ....89 90 91 929394 95

January 6, 2017 Case Laws Central Excise AT

CENVAT Credit Remains Fully Eligible Despite Retained Invoice Portion as Performance Guarantee.
January 6, 2017 Case Laws Central Excise AT

Government-Owned Appellant Seeks Exemption from Bond and Bank Guarantee for Provisional Goods Clearance Under Price Escalation Clause.
January 6, 2017 Case Laws Central Excise AT

CENVAT Credit Allowed Despite Fake Invoices: Dealer's Registration Status at Transaction Time Proved Crucial.
January 6, 2017 Case Laws Central Excise AT

Cenvat Credit on Capital Goods Allowed for Installations Outside Factory, Appellant Wins Case.
January 6, 2017 Case Laws Central Excise AT

CENVAT Credit: No Obligation for Respondents to Reverse Credit under Area-Based Exemption Notification No. 50/2003-C.E.
January 6, 2017 Case Laws Central Excise AT

Duty Shortfall Confirmed for Goods Sold via Depots; Valuation Based on Factory Gate Clearances and Depot Sales.
January 6, 2017 Case Laws Customs AT

Graphistone-Love's Classification Under Chapter 701890 for Glass Articles Approved; Chapter 49 Classification Rejected.
January 6, 2017 Case Laws Customs AT

Micro SD/Mine cards classified under CTH 8523.51 as non-volatile storage, eligible for Exemption Notification No. 6/2006 benefits.
January 6, 2017 Case Laws Customs AT

India Imposes Anti-Dumping Duties on Chinese Purified Terephthalic Acid to Protect Domestic Industry; Dumping Margin 20-30.
January 6, 2017 Case Laws Customs AT

Boric Acid Import May Not Require Registration Under Insecticide Act, 1968 Due to Unclear Insecticidal Use.
January 6, 2017 Case Laws VAT and Sales Tax HC

Lease Line Charges Taxed as Service, Not VAT: No Ownership or Sale Involved.
January 6, 2017 Case Laws VAT and Sales Tax HC

Court Rules No Sales Tax on SIM Card Provision; Replacement Also Exempt from Sales Tax Application.
January 6, 2017 Case Laws VAT and Sales Tax HC

High Court: Reopening Tax Cases Requires Evidence, Not Just AO's Claims, Under VAT and Sales Tax Rules.
January 6, 2017 Case Laws VAT and Sales Tax HC

Court Rules Revenue Must Act Against Seller for Tax Failures, Purchaser's Input Tax Credit Protected.
January 5, 2017 Case Laws Income Tax SC

Deemed Dividends Not Applicable to HUF u/s 2(22)(e) Due to Lack of Registered Shareholder Status.
January 5, 2017 Case Laws VAT and Sales Tax SC

Court Rules Section 5 of Limitation Act Cannot Extend Deadlines in VAT Act Cases Due to Explicit Exclusion.
January 5, 2017 Case Laws Income Tax AT

Retiring partner's extra amounts from partnership not taxable as capital gains u/s 263 of Income Tax Act.
January 5, 2017 Case Laws Income Tax AT

Payments to Agents for Expenses Like Railways Excluded from Section 194C of the Income Tax Act.
January 5, 2017 Case Laws Income Tax AT

Section 54 Deduction Valid Even with Additional Funds for Residential House Construction.
January 5, 2017 Case Laws Income Tax HC

Income Tax Act, 1961: No provision prevents recovery of unpaid tax during Section 153A assessments or searches.
January 5, 2017 Case Laws Income Tax HC

Court Rules Having Assets Means No Genuine Hardship in Tax Payment Claims.
January 5, 2017 Case Laws Income Tax AT

Does Bagasse Qualify as Waste or By-Product u/s 80JJA for Tax Deductions?
January 5, 2017 Case Laws Income Tax AT

Flawed Notice Invalidates Penalty Order Due to Unspecified Section 271(1)(c) Limb in Income Tax Proceedings.
January 5, 2017 Case Laws Income Tax AT

Chandrapur TPS extension project contract classified as supply, not works; no TDS under Income Tax Act Section 194C.
January 5, 2017 Case Laws Income Tax AT

Court Upholds Allocation Method for Costs u/s 37(1), Finds No Merit in Disallowing AE Support Services Costs.
January 5, 2017 Case Laws Income Tax AT

Tax Deduction at Source Validated for Stevedoring Services u/s 194C of Income Tax Act.
January 5, 2017 Case Laws Income Tax HC

Court Rules TDS u/s 194H Not Applicable on Payments to Milk Societies for Milk Collection Services.
January 5, 2017 Case Laws Service Tax AT

Composite Contract with Foreign Supplier Cannot Be Split for Service Tax on Individual Service Elements.
January 5, 2017 Case Laws Service Tax AT

CENVAT Credit Allowed for Services on Unregistered Premises; Service Provider's Identity Irrelevant Under Reverse Charge Mechanism.
January 5, 2017 Case Laws Service Tax AT

Appellants Denied Relief for Excess Charges on Property Rent; Clients Possibly Credited Incorrect Service Tax Amounts.
January 5, 2017 Case Laws Central Excise AT

Iron Ore Fines Exempt from 10% Duty on Sale Value, Boosting Clearance Efficiency and Reducing Costs.
January 5, 2017 Case Laws Central Excise AT

Interest on Delayed CENVAT Credit Reversal Deemed Revenue Neutral; No Compensation Required for Government Revenue Loss.
January 5, 2017 Case Laws Central Excise AT

CENVAT Credit Reversal Not Needed for Devalued Waste Inputs Within Factory, Duty Applies Only Upon Clearance (Rule 3(5B)).
January 5, 2017 Case Laws Central Excise AT

No Payment Required for Captive Power Plant Transfer u/r 4; Cenvat Credit Reversal Not Applicable.
January 5, 2017 Case Laws Central Excise AT

Extra Consideration Must Be Included in Assessable Value of Finished Goods for Central Excise Valuation Purposes.
January 5, 2017 Case Laws Central Excise AT

Charges for designing and engineering via debit notes included in invoice price, confirmed using extended limitation period.
January 5, 2017 Case Laws Central Excise AT

EOU Denied Concessional Duty Rate for Domestic Clearances; Consumables Not Considered Raw Materials Under Excise Duty Rules.
January 5, 2017 Case Laws Central Excise AT

CENVAT Credit Denied for Cement and TOR Steel in Capital Goods Fabrication; Not Considered Eligible Inputs.
January 5, 2017 Case Laws Central Excise AT

CD Stampers as Capital Goods Eligible for Exemption Under Notification No. 67/95-CE, Even if CDs Are Duty-Free.
January 5, 2017 Case Laws Central Excise AT

Court Rules Buyers Can't Claim Manufacturer's Protections on Duty Payment Protests; Highlights Time Limits for Refund Claims.
January 5, 2017 Case Laws Customs AT

Refund Rules for Provisionally Collected Anti-Dumping Duties: Clarity on Conditions for Refunds if Duties Withdrawn.
January 5, 2017 Case Laws Customs AT

20% Value Enhancement Deemed Inappropriate: No Related Party Transaction Under Customs Valuation Rule 2(2.
January 5, 2017 Case Laws Customs AT

Royalties in Know-How Agreements Excluded from Customs Valuation, Affecting Related Party Transactions and Duties.
January 5, 2017 Case Laws Companies Law HC

High Court Issues Interim Order Against Company Labeled Willful Defaulter for Failing to Repay Term Loan.
January 4, 2017 Case Laws Income Tax AT

Taxpayer Not Given Show Cause Notice Before Special Audit Order; Assessment Order Exceeds Limitation Period, Deemed Invalid.
January 4, 2017 Case Laws Income Tax AT

Enhanced Profits from Section 40(a)(i) Disallowance Eligible for Deduction u/s 10B for 100% EOU.
January 4, 2017 Case Laws Income Tax HC

Court Rules Company Expenses Non-Allowable Due to Lack of Business Activity in Special Economic Zones.
January 4, 2017 Case Laws Income Tax HC

Court Denies Deduction for Doctor Commission Payments Due to Lack of Substantiation Despite Past Approvals.
January 4, 2017 Case Laws Income Tax AT

Section 194J of Income Tax Act Not Applicable: Fumigation Activities Require No Technical Skills or Information.
January 4, 2017 Case Laws Income Tax AT

ITAT Deletes Additions u/s 68 Due to Doubts Over Transaction Genuineness Involving Shareholder Cash Transfers.

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