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  1. Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Sixteenth Amendment) Regulations, 2013
  2. Special from service tax in certain
  3. Penalty for suppressing, etc, of value of taxable service
  4. Liability under Act to be first charge
  5. Offences and penalties
  6. Submission of statement by a non-resident having liaison office.
  7. Income by way of interest from infrastructure debt fund.
  8. Special measures in respect of transactions with persons located in notified jurisdictional area.
  9. Application of other provisions of this Act.
  10. Special provisions for payment of tax by certain limited liability partnerships.
  11. Interpretation in this Chapter.
  12. Tax credit for alternate minimum tax.
  13. Tax on certain dividends received from foreign companies.
  14. A RETROGRADE PLANET TAX DEPARTMENT A RETROGRADE PLANET
  15. 100% EOU - duty on DTA clearance - Education Cess - Despite clear and specific directions and authoritative pronouncements, act of issuance of show cause notice by the Deputy Commissioner is wholly impermissible and unpalatable and deserves to b
  16. Calculation CENVAT credit reversed under Rule 6(3) - revenue claimed that appellant would be liable to pay an amount @ 5% / 10% on the extra amount of 5% / 10% being recovered from the customers - matter referred to Larger Bench - Tri
  17. Area based exemption - Exemption under Notification No. 50/2003 – there is no dispute that as on 31.3.2010, there was neither any manufacture of finished products nor any such manufacture had been recorded in the RG -I register - prima facie cas
  18. MRP Based value u/s 4A - Applicability of SWM Rules on batteries – The provisions of Section 4A of CEA, 1944 would not be attracted and accordingly no differential duty is payable by them - stay granted - Tri
  19. Benefit of Notification No.67/95 – Captive consumption - benefit claimed for goods supplied under ICB - the appellant is not required to pay any percentage prescribed under the law on the value of exempted final products - Tri
  20. Business Auxiliary Services - it is contended that payment made to DTC was the appellant's share in the actual marketing expenses incurred by DTC. Thus DTC did not provide any service of promoting or marketing of goods having the brand name of N
  21. Classification of service - Cargo Handling Services - process right from mine stage to formation of limestone gitties - composite services - essential character - the activity is falling under BAS taxable w.e.f. 16.6.2005 - Tri
  22. Non-inclusion of Reimbursable Charges - Discharge of Service Tax liability and part of the amount is for non-discharge of Service Tax liability under renting of immovable property by the appellant - stay granted partly - Tri
  23. If the apex body dealing with vocational training, National Council for Vocational Training, in India itself does not consider training in languages as vocational training, it is not conceivable how training in languages can be treated as a voca
  24. Classification of TV Tunners - Assessment of Goods – the classification of T.V. Tunners under Heading 8528 against claimed Heading 8473, is debatable - stay granted - Tri
  25. Computation of short term capital gain - Deduction of Title Perfection Cost - assessee was eligible for deducting such amount while computing short-term capital gains - Tri
  26. Accomodation entries passed in the books – conversion of black money into white and bring the money in the books of accounts - Long term capital gains (LTCG) - CIT(A) to reconsider the issue - Tri
  27. Unexplained investment u/s 69 - jewellery found during search and seizure - AO directed to allow further deduction of 100 gms in respect of minor male children and 250 gms in case of minor female children of assessee, which the ld. CIT(A) has f
  28. Addition u/s 68 - Creditworthiness - no details except for his cultivable land holding of 3.63 acres has been provided to substantiate agriculturist's savings to lend a loan of Rs. 60,000 - These vague details, are not good enough reasons to tre
  29. Valuation of stock - Stock damaged due to Earthquake - Factory was closed for few years - There was no reason given by the AO as to why the income out of sale of goods was treated as income from other sources as the profit was generated out of s
  30. Adjustment of arm's length price - Difference in operating cost of comparable companies - Method for benchmarking of transactions - Income Tax Act does not preclude the assessee from benchmarking its transactions with the help of any other metho
  31. Disallowance of non-performing investments written off - revaluation was made on the basis of the guideline issued by the RBI and the value is based on realisable value. - claim allowed - Tri
  32. Gain on sale of shares - who is liable to be taxed - Joint ownership of shares - After making minor adjustments to the proportionate value of market shares, the AO has accepted the entire sale transaction in the hands of the shareholder - not ta
  33. Adjustment of arm's length price - There is no reason to change the head of expenses from advertisement expenditure to business promotion expenditure - Tri
  34. Deduction u/s 80IB - Income of assessee or Government - AP Housing Board - assessee’s contention that income of Board cannot be subjected to tax under income-tax Act, in view of provisions contained under Article 289(1) of Constitution of India
  35. Off market transactions - genuineness - When the sale price adopted by the assessee is close to the high price of the concerned share on the relevant date, it cannot be said that the transactions effected by the assessee is not at market rate -
  36. Assessment u/s 27(1)(b) - Maize products - Classification of item - the items being sold under the brand name, the products viz., Peppy, Cheese Balls, Senon Papito, Tortilla Chips and Peppy Eatos, as branded food products, attract tax at 12.5%
  37. Any creditor can make an appropriate application to the company court before the expiry of 20 years from the publication in the official gazette seeking restoration of the name of the company in the register so that it can pursue its remedies wh
  38. Depreciation under the Assam Agricultural Income Tax Act 1939
  39. WHETHER THE SERVICES RENDERED IN CONNECTION WITH A CHIT BUSINESS ARE TAXBLAE SERVICES?
  40. Inclusion of Freight in Assassable Value
  41. Goods exported from SEZ rejected by customer
  42. Reserve Bank Cancels the Licence of The Konkan Prant Sahakari Bank Ltd., Mumbai, (Maharashtra)
  43. RBI Reference Rate for US $ and Euro
  44. Benefit of Notification No. 6/2006 - The appellant is a manufacturer of water purification/filtration equipment – appellant is eligible for the concessional rate of duty of 4% without satisfying any condition - Tri
  45. Collection of incentives from the customer - whether an amount collected in the name of duty of excise - demand u/s 11D of the Central Excise Act - stay granted - Tri
  46. Valuation - sale thorough related persons – Rule 9 of Valuation Rules may not be applicable in this case in view of the fact that the entire quantity manufactured is not sold through related person - stay granted - Tri
  47. MRP Based duty u/s 4A or Transaction value u/s 4 on clearance of shoes - Effect of Amendment SWM Rule to the definition of ‘retail packages’ and Rule 2A - issue involved is pure question of law - stay granted - Tri
  48. Construction of Building - When it was undisputed that the said services rendered by the appellant were consumed within Special Economic Zone - appellant had made out a prima-facie case for the waiver of pre-deposit of amounts involved - Tri
  49. Classification of Services – replacement of old insulation - Maintenance or Repair Services or Erection, Commission and Installation Services - stay granted partly - Tri
  50. Commercial and industrial construction service - applicant had constructed platform in the open place for platforms of Agricultural Product Market Committee - prmia facie not table - stay granted - Tri
  51. WaiInvalid VKGUY credit - t is an admitted fact that the appellant herein is not an importer and he has only sold the VKGUY licences. - prmia facie demand can not be made from the appellant - stay granted - Tri
  52. Classification of Imported Goods – Import of Cotton seed oil - benefit of Exemption - once goods which were imported are edible after the refining, they have to be held as edible grade when imported - stay granted - Tri
  53. There is constant non-appearance of the appellant before this Tribunal - appeal is liable for dismissal for non-prosecution under Rule 20 of CESTAT (Procedure) Rules, 1982 - Tri
  54. Assessment u/s 153A - AO has no jurisdiction to make or to resort to roving and fishing inquiries to find out whether any income has escaped assessment during these reassessment proceedings. - Tri
  55. Capital or Revenue receipt - Where by the cancellation of an agency source of the assessee's income, the payment made to compensate for cancellation of the agency agreement is normally a capital receipt - Tri
  56. Expenditure to be treated as Revenue or Capital Expenditure – Merely because the amount spent has been used for construction of a building or structure of permanent nature is not the decisive test for holding the expenses to be of capital outlay
  57. Assessment u/s 153A - The Assessing Officer was fully empowered to refer capital asset to the District Valuation Cell u/s 55A of the Income-tax Act. AO had not done so. - entire income by way of capital gains is chargeable to tax in the year in
  58. Status of cases where penalties have not been paid under Competition Act, 2002
  59. Party to litigation - aggrieved person / party - In case of demerger of a company, who should be made the party to the litigation - all appeals dismissed - Tri
  60. Disallowance of Deduction u/s 80-IC - manufacturing activity - conversion of Jumbo Rolls of photographic films into small flats and rolls in desired sizes - deduction allowed excluding DEPB - Tri
  61. Jurisdiction to issue Notice u/s 148 of the Income Tax Act - Issuance of Notice u/s 148 for income escaping assessment on the basis of ‘Borrowed satisfaction’ - reassessment not valid - Tri
  62. Computation of short term capital gains - Slump sale -CIT(A) has not reduced the amount of secured loans from the amounts of total assets to arrive at the net worth of undertaking which is not a correct position as per provisions of section 50B
  63. Assessment u/s 153C - The Assessing Officer was not constrained by the fetters of evidence found at the time of search alone. Assessment under Section 153C/153A cannot be treated on par with block assessments done under Chapter XIVB of the Act.
  64. Exemption under Section 3(B)(2-a) - Work contract - Assessee charged sales tax at 12% as against 4% on sales to the Government department - levy penalty confirmed - HC
  65. Disciplinary proceedings against the member of ICAI -Complaint as regards the charge under reference, did not survive but the Disciplinary Committee for reasons best known to it, proceeded with the inquiry and avoided a reference to the settleme
  66. Plaintiff has been successful in making out a case of infringement by the defendant of its registered trademark “OLD MONK” and “OLD MONK Label” by use of the mark “TOLD MOM” and “TOLD MOM Label” in relation to rum - HC
  67. Reserve Bank Cancels the Licence of Shri Siddhi Vinayak Nagari Sahakari Bank Ltd.,Rasayani, Raigad Dist.,(Maharashtra)
  68. FRINGE BENEFIT TAX ON EMPLOYERS SEEMS ULTRA VIRSE THE CONSTITUTION OF INDIA – BECAUE TAX ON INCOME CAN BE LEVIED ON PERSON WHO HAS EARNED INCOME AND NOT WHO PAID INCOME TO OTHERS OR INCURRED EXPENESES FOR FRINGE BENEFITS.
  69. DEDUCTION OF INTEREST ON BORROWED CAPITAL
  70. Amendment Notification No. 36/2001-Customs (N.T.), dated the 3rd August, 2001
  71. Auction for Sale (Re-Issue) of Government Stocks
  72. Consumer Price Index Numbers on Base 2010=100 for Rural, Urban and Combined for the Month of September, 2013
  73. Statement of Srikant Kumar Jena on Consumer Price Index
  74. RBI releases 'Quarterly Statistics on Deposits and Credit of Scheduled Commercial Banks: June 2013'
  75. CONDONATION OF DELAY AN EXCEPTION NOT TO BE USED AS ANTICIPATED BENEFIT FOR GOVERNMENT/BUREAUCRATIC NEGLIGENCE
  76. Learning from case of Aryaman Spinners (P.) Ltd - Appeal before CIT(A) is better forum to seek relief than revision petition under section 264 before CIT
  77. Valuation - inclusion of Expenses incurred by the dealers -There is nothing in their agreements from which it can be concluded that appellants had enforceable legal right against the dealers to insist on incurring of certain amount of expenses o
  78. The original authority had dispatched only one order in original and not the four orders in original to the appellants - one appeal filed by the appellant before Commissioner (Appeals) is maintainable and there was no need for the appellant to f
  79. Activity Manufacture OR Not – fixing of brand names / labels on bathroom fittings / accessories - deemed manufacture - SSI Exemption - Redemption Fine - the redemption fine imposed for release of the goods is sufficient - stay granted - Tri
  80. Confiscation of the Inputs for non accounting – the confiscation of inputs for non-accounted and imposition of penalty is not sustainable. - Tri
  81. Waiver of Penalty under Rule 25 of the CE Rules - For default of payment of duty under Rule 8 (3A) of Central Excise Rules, 2002 - no penalty can be imposed under Rule 25 - stay granted - Tri
  82. Whether the appellant is liable to service tax as the recipient of online information and data base access or retrieval service from a foreign based CRS service provider u/s 66A - stay granted - Tri
  83. Demand of service tax collected but not deposited - Retrospective Effect of Section 73A(2) OR Not - demand under this Section prior to 18.4.2006 would not survive - Tri
  84. Penalty - Even if the ingredients stipulated in Sections 76 and 78 of the Act are established, if the assessee shows reasonable cause for such failure, then the authority has no power to impose penalty in view of Section 80 of the Act - Tri
  85. Waiver of penalty - Relief u/s 80 of Finance Act – Payment of service tax on GTA service in cash and taking its cenvat credit by an assessee, eligible to take cenvat credit, was a Revenue neutral exercise - penalty waived - Tri
  86. Challenge to the show cause notice - Taxable service of construction of a residential complex - Objection - petition dismissed - matter to be decided on merit - HC
  87. Export against advance licence - conversion of free shipping bills into DEEC bills - appellant neither in the shipping bill nor in ARE-2 have declared the Advance Licence No. or the fact that exports were in fulfillment of obligations caused by
  88. Claim of Interest on interest on delayed refund - Inasmuch as the Tribunal works within the provisions of Customs Act, 1962, we have no jurisdiction to order interest on interest - Tri
  89. Additions on the basis of statement made u/s 133A - whatever statement is recorded u/s 133A, it is not given any evidentiary value obviously for the reason that the officer is not authorized to administer oath and to take any sworn statement whi
  90. Penalty under section 158BFA(2) - Assessment proceedings and penalty proceedings are different and independent to each other. The addition or part of the addition could be sustained on the preponderance of probabilities, but in penalty proceedin
  91. Deemed dividend u/s 2(22)(e) - advances received against the bills raised for the services rendered - no materials to establish that the amount received was not in regular course of trade but in the nature of loan and advance as envisaged u/s 2(
  92. Deduction u/s 80IA - manufacturing activity or not - process of refilling of argon in cylinders from cryogenic tank is not amount of manufacture - Tri
  93. RBI Reference Rate for US $ and Euro
  94. Index Numbers of Wholesale Price in India (Base: 2004-05=100) Review for the month of September, 2013
  95. Application of section 275(1A) of income tax for deleting penalty imposed u/s 271(1)(c) - AO so consider the issue of imposition of penalty u/s 271(1)(c) after giving effect to the order of the Tribunal - Tri
  96. Penalty u/s 271(1)(c) - property dealer - addition on account of cash retained - The facts of the case may justify the addition in the quantum case, but the parameters to sustain the penalty imposed under section 271(1)(c) are different, and the
  97. Applicability of section 150 - Provision for cases where assessment is in pursuance of an order on appeal, etc. – the direction given by the first Appellate Authority under section 150(1) is not in accordance with law - Tri
  98. Exemption u/s 80P - co-operative bank - interest income earned on investment out of SLR/Non SLR surplus funds - the interest earned on such deposits is directly attributable to the business of banking and, therefore, exempt under section 80P(2)
  99. Disallowance of part of wages claim – proof of payment of wages - Uniform disallowance of 25% of the amount disallowed by the AO in both the years would meet the ends of justice - Tri
  100. Deemed dividend u/s 2(22)(e) – loans and advances - inter corporate deposits - ICDs and the advances to the assessee cannot be treated as deemed dividend at the hands of the assessee - Tri
  101. Book adjustments u/s 115JB - MAT - provisions of section 14A could not be imported into clause (f) to Explanation 1 to the section 115JB while computing book profit. - Tri
  102. Exemption from sales tax as terry towels/cotton terry knitted towels fall under the Third Schedule to the TNGST Act - titching on edges would not make any difference to deny exemption under the said Entry - HC
  103. Taxability of works contract of Bleaching and dying - The fact that the chemicals used for bleaching is washed away in the process, by itself, would not be a justifiable ground to accept the case of the assessee that there was no transfer of pro
  104. Winding up petition - recovery of debt - An effort was made to mislead the Company Judge - The petition for winding up shall stand admitted - HC
  105. WCT exemption on SEZ Unit
  106. Speech by the Union Finance Minister Shri P.Chidambaram at the Announcement of First Closure of IDFC’s Second Infrastructure Fund in Washington D.C.
  107. Text of the Intervention made by the Union Finance Minister P. Chidambaram During Session on ‘Financing for Investment’ at G-20 Finance Ministers’ and Central Bank Governors’ Meeting in Washington D.C.
  108. Text of the Oral Intervention made by the Union Finance Minister Shri P.Chidambaram at the Development Committee meeting in Washington D.C.
  109. Text of the Intervention made by the Union Finance Minister Shri P.Chidambaram at the IMFC Plenary Meeting in Washington D.C.
  110. Designation of officers in first appellate authority in the office of directorate of income tax (HRD)
  111. Advisory to CAs on VAT Audit Report AR1 & Special Audit
  112. Closing of Old Outstanding Bills: Export-Follow-up –XOS Statements
  113. Import benefits under DFIA for Bhutan Export
  114. Welcome to India: State of the Indian economy, banking sector and factoring services (Opening Address by Dr. K. C. Chakrabarty, Deputy Governor, Reserve Bank of India at International Factors Group’s Annual Conference on October 7, 2013 in New
  115. Clandestine Production and Removal of Cigarettes – selling the goods without issue of invoices - stay - The Tribunal has given substantial relief based on the financial position of the appellants - there was not any ground to interfere with the
  116. MRP Based duty - Valuation - supply of cement to construction company - Interpretation of Rule 3 of Packaged Commodity Rules - Construction company are covered by the expression Institutional Consumers appeared in Rules - stay granted - Tri
  117. Valuation - related parties - exclusive sale to units in which assessee holds shares as many as 7.7% and 12.85% – Unconditional stay granted. - Tri
  118. Excisability of Scrap of Wires and Cables - Marketability - Amended provisions of Section 2(d) – Prima facie case is against the assessee. - Tri
  119. Assessable Value of Goods - since there was no MRP of VCD during the period of dispute, the same has to be determined on the basis of some reasonable criteria and in this regard, the MRP prevailing in 2001 cannot be adopted. - Tri
  120. Business Support Servcie - Infrastructural support service - Removal of fly ash - removal of Fly ash as per rate of the order of Government of Tamil Nadu would not constitute ‘infrastructural support service’ - Tri
  121. Execution of works contract in respect of Lift Irrigation Schemes for lifting the water from source to the canal and for further transmission of water. - stay granted - Tri
  122. Commercial training or coaching - scope of the term 'Commercial' - retrospective amendment - Section 65(105)(zzc) - Larger bench decides the issue - Tri
  123. Exemption from duty of customs on import of goods subject to reexport - the objection of the lower authorities is too technical - When the exporters is accepting the fact of short consigning of the goods, the customs authorities in India should
  124. Assessable Value – import of Watch Batteries - mis-declaration of classification - No infirmity in respect of applying NIDB data to the batteries imported by the appellant - Tri
  125. Benefit of Notification No. 21/2002 - classification - Once the tariff heading changed and the High Alumina Refractory Cement was classified under other hydraulic cement, no doubt the question of the product which is known in the trade as High A
  126. Import of second hand vessel - Exemption from duty - supply vessel or multipurpose support vessel - classification under heading 8905 or 8901 - Nevertheless, these vessels remain supply vessels designed for transport of cargo and persons and the
  127. Rate Tax on long term capital gain - tax rate of 10% without indexation - Sale of equity shares - It is not possible to decipher and clearly elucidate the exact legislative purpose and object behind the proviso to Section 112(1) in a categorical
  128. Amount paid for preparation of project report, a revenue expenditure of capital expenditure – held as revenue in nature - HC
  129. Time limit for carry forward of unabsorbed depreciation – Applicability of amendment in section 32(2) vide Finance Act 2001 – it would be carried forward till the time it is set off against the profits and gains of subsequent years without any
  130. Accrual of income - determination of income out of the receipt not disclosed in the books of account - when the receipts were out of the books of accounts, the payment on account of expenses may also be out of the books of accounts - net income
  131. Revenue expenditure or capital expenditure - The assessee contributed towards part of the expenditure for construction of a bridge to prevent the sea water entering into the factory premises of the assessee - held as revenue expenditure - Tri
  132. Rectification of mistake in the order - TDS u/s 194H - The assessee has not disputed the fact that the alleged discount was not reduced/adjusted from the total turnover as per the original invoices for the purpose of sales tax - order treated th
  133. Transfer pricing - ALP - purchase of website for AE - Since the said website was used in the business, there is no necessity for disallowing depreciation. - Tri
  134. The petitioner has established that the revised assessment proceedings issued under Section 16(1)(a) of TNGST Act is statutorily barred by limitation and therefore the writ petition cannot be dismissed on the ground of alternative remedy - HC
  135. Quick Estimates of Index of Industrial Production and Use-Based Index for the Month of August, 2013 (Base 2004-05=100)
  136. Statement of Srikant Kumar Jena on Index of Industrial Production
  137. Anand Sharma, Gita Wirjawan Discuss Doha Round Negotiations Indonesia Welcomes Indian Investment in Pharma
  138. Annual Stock counting
  139. Limitation Period u/s 11-A - As the period of limitation that applies to recovery of the principal amount shall also apply to the claim for interest thereon, the demand is time barred - HC
  140. Reduced Penalty u/s 11AC of the CE Act - penalty in excess of 25% of the penalty, already paid by the Respondent before the issue of show cause notice, is not payable under Section 11AC of the Central Excise Act, 1944 - Tri
  141. 100% EOU - Duty on Clearance of Reject fabrics to DTA – Revenues argument that in the past the appellant had been exporting defective goods and hence appellant should have exported the impugned rejects also is not an acceptable argument - Tri
  142. Cenvat Credit – The credit was taken on the basis of Central Excise invoices under which the motors and other parts were separately received whereas the tax invoices were referring to supply of complete pump sets - prima facie credit to be allow
  143. Valuation - commercial coaching and training services - The amount collected by the appellants for payment to IATA towards registration and examination etc. cannot be considered as a remuneration or consideration for the services rendered to the
  144. Waiver of pre deposit - man power supply services - prima facie we are not convinced by the argument of the applicant that the service rendered by them was in the nature of information technology service and not manpower supply service. - Tri
  145. Extended Period of Limitation - Availing cenvat credit while availing benefit of abatement under Notification No.1/2006 - prima facie case is against the assessee - Tri
  146. Survey and Exploration of Mineral Service – it cannot be said that the data/information received by the applicants were goods and not service. - Tri
  147. Filing of Form Exp - 4
  148. Stay application - Cenvat Credit - Nexus between output service and input service - Asking an assessee to prove nexus for each and every credit with output service can only be a attempt to tire out the assessee which should not be asked - Tri
  149. CENVAT credit - t credit cannot be availed on the capital goods received before the service became taxable under the Finance Act, 1994 - Tri
  150. Illicit diversion of the imported CPO / non edible vegetable oil - Such fraudsters do not deserve the dispensation under the provisions of first provision to Section 129E of the Customs Act, 1962 - Tri
  151. Grant of Value based license or quantity based license - Change in policy after filing application for grant of licence - respondent was bound to issue advance licences only in accordance with the policy in force on the date of issuance of lice
  152. Prohibition on export and import of foreign currency - as person as a matter of right, is not entitled to import or export in the manner as he wishes without complying with the provisions of the Regulations. - HC
  153. Notional interest - When the parties have agreed not to charge the interest, as per the condition laid down in the MoU i.e. “if the remittance is within the less than two months“, then the AO cannot compel to do so - HC
  154. Block assessment - Proceeding u/s 153A against the employee who was authorized to collect the money from the Toll Plaza- Cash seized from the employee - Proceedings for the block period is not required in the case of the employee - HC
  155. TDS u/s 194C - sales of goods or works contract - Contractor undertakes to supply elevators, furnishing material, fire fighting and fire detection system, air conditioning, etc. during the execution of contract of construction - No TDS on supply
  156. Allowability of Depreciation, when income is computed on estimate basis after rejection of books of accounts - hen the Net Profit is made on estimate basis after rejecting the books of account, then no deduction including depreciation is allowed
  157. Nature, Source and genuineness of income - As per AO assessee failed to prove the source and genuineness of income hence taxed the same as undisclosed income u/s 68 - action of AO is not correct - HC
  158. Reference to Valuation officer (DVO) - Section 142A would not be applicable to the assessment made on or before 30.9.2004 and which has become final and conclusive on or before that date - HC
  159. Disallowance of loss on sale of iron ore – AO's objection that there is no physical movement of stocks and it is only an accommodative transaction is incorrect as the iron ore was already mined and transported to the port for the purpose of expo
  160. “Need to adopt National Competition Policy, which is need of the hour” says Ashok Chawla, Chairman, Competition Commission of India
  161. Extension of accounting year (financial year) - The decision to extend the financial year can be taken at any time though the period cannot be extended by more than three months without special approval of the Registrar of Companies - HC
  162. RBI Reference Rate for US $ and Euro
  163. Speech by Mr.P.Chidambaram, Union Finance Minister, at the Carnegie Endowment for International Peace on Recapturing India’s Growth Momentum
  164. CENVAT CREDIT ON CAPITAL GOODS
  165. Processing of refund claims expeditiously through System
  166. Audit Report No. 15/2011-12, Section 2 – Duty Drawback Scheme: regarding
  167. COMPOSITE TEA INCOME UNDER RULE 8 - INCIDENTAL INCOMES ARE PART OF COMPOSITE INCOME BUT MAY NOT BE TAXABLE AS AGRICULTURAL INCOME
  168. SSI Exemption Benefit – calculation of turnover of 1.5 crore and 4.0 crore - Clubbing of clearance - Larger bench decision by majority - Prima facie case is against the assessee - stay granted partly - Tri
  169. CENVAT Credit – when the job worker had paid duty even though he was not required to pay the duty, the Cenvat credit cannot be denied to the assessee who had received the duty paid goods from the job worker - stay granted - Tri
  170. Scope of Input Service under Rule 2(I) - Rent-a-cab Service availed for workers - the issue of nexus in respect of the service, in question, has been examined and the High Courts and the Tribunal have expressed the view that there is nexus - Tr
  171. Clearance of Goods – Exempted OR Not - upplies made to SEZ are held to be “export” provisions of Rule 6 of CCR does not arise at all - Tri
  172. Eligibility of Availment CENVAT Credit on Capital Goods - CENVAT credit eligibility is to be determined with reference to the dutiability of the final product on the date of receipt of capital goods - Tri
  173. CENVAT Credit – Revenue was of the view that the equipment’s and machineries were erected in the factory and thus became immovable property and, therefore, cannot be considered as capital goods - prima facie contention of revenue is not correct
  174. CENVAT Credit - Scope of the terms 'means and includes' - Rule 2(l) of CCR - The expression ‘includes’ cannot be used to oust any activity from the main body of the definition if it is otherwise covered by the expression ‘means’ - Tri
  175. Refund Claim – Since classification and liability to Central Excise duty have attained finality, the refund claim has no merit - Tri
  176. Goods Transport Agency - transportation of flavoured milk - whether exempt - it was not clear whether the expression ‘milk’ covers flavoured milk also - stay granted partly - Tri
  177. Outdoor Catering Service u/s 67(76a) r.w. 65(24) - The assessee provided food to NTPC employees from a premises provided by NTPC under a license granted to the assesse - demand and penalty confirmed - Tri
  178. Manpower Supply Service – employees on deputation - one of the features of manpower supply service was that the salary of the persons supplied was paid by the manpower supply agency in full and payment by the service receiver was made to the su
  179. Taxable service to SEZ unit – refund rejected - provisions of the 2005 Act are provided an overriding effect vide Section 51 - the immunity to service tax in respect of taxable services provided in relation to SEZ is a legislatively enjoined im
  180. Import of deodorant at Tuticorin port which was not allowed - non Fixation of MRP – Undervaluation – in view of sufficient bank grantee, stay granted - Tri
  181. Classification of head of income – Merely this scrip was held only for one day would not be sufficient to hold that the assessee was in the business of trading in shares - HC
  182. Regaining the Growth Momentum: Issues and Imperatives (Chief Guest Address by Dr. K. C. Chakrabarty, Deputy Governor, Reserve Bank of India at the sixth Annual Banking Conference “Bank on it , 2013” organized by the Narsee Monjee Institute of M
  183. Genuineness of gifts received from different sources - All the donors were assessed to tax except one who was based at USA - Identity of the donors so also creditworthiness and genuineness of the transaction having been established, gifts were
  184. Attachment of bank accounts for recovery in case of sick industries - No permission from AAIFR - Action of the respondents by attachment of the bank accounts is illegal - HC
  185. Receipt to be treated as capital receipt or revenue receipt - Amount was received by way of share capital which was compulsorily required to be invested by SKSE as per the directives of SEBI. - held as capital in nature - HC
  186. Waiver/reduction of penalty and interest u/s 273A - Section 273A does not confer absolute discretion upon the Commissioner to pass any order which he pleases to make. He is required to consider the application on the merits. - HC
  187. Interest payable by assessee - Amendment to section 139(8) and 215(3) is retrospective or prospective - this was an additional liability of payment of tax, this will have the effect prospectively and not retrospectively - HC
  188. Department has no discretion to prescribe what expenditure the assessee should incur and in what circumstances he should incur the expenses - HC
  189. Validity of writ petition - Tribunal has jurisdiction to entertain the question of law as well as violation of principles of natural justice (with some exemptions) - petitioner to exhaust alternative remedy - HC
  190. Offence - The petitioner being a simple agent acting on behalf of the proprietor, cannot be held to have any sales tax liability and he cannot be held to have conspired with the Sales Tax Authority to transport the goods without complying the re
  191. Maintability of appeal - It would be unsafe to match the colour of one case with that of the other indiscriminately - CLB was right in its view that ITNL was a “member” for the purpose of maintaining an action under sections 111A, 397 and 398,
  192. RBI Reference Rate for US $ and Euro
  193. IFC Launches a $1 Billion Offshore Bond Program—The Largest of its Kind in the Offshore Rupee Market—To Strengthen India’s Capital Markets and Attract Greater Foreign Investment
  194. Today Last Date for Submitting Suggestions for the First Tranche of Draft Rules under the Companies Act 2013
  195. Accrual of Income - entitlement to make duty free imports of raw materials obtained by the assessee through advance licences and duty entitlement pass book issued against export obligations is an income of year in which the import is made - SC
  196. Year in which income to be taxed - rate of tax remained the same in the present assessment year and subsequent assessment year - the dispute raised by the Revenue is entirely academic or at best may have a minor tax effect - SC
  197. seeks to levy anti-dumping duty on imports of Ductile Iron Pipe, originating in, or exported from the People's Republic of China, for a further period of five years
  198. seeks to levy anti-dumping duty on imports of Ductile Iron Pipe, originating in, or exported from the People's Republic of China, for a further period of five years
  199. Overseas Foreign Currency Borrowings by Authorised Dealer Banks
  200. RBI appoints Technical Committee on Mobile Banking
  201. India’s Foreign Trade: September, 2013
  202. RBI Reference Rate for US $ and Euro
  203. Total Number of Companies in the Official Registry
  204. Ministry of Corporate Affairs Invites Comments from General Public on the Report of the Damodaran Committee
  205. CENVAT Credit cannot be denied merely on the basis of certain procedural lapses when the duty paid nature and its receipt in the factory and utilization in the manufacturing activity are not disputed - Tri
  206. Cenvat Credit - various iron and steel items used for laying down the foundation which are attached to earth and cannot be said to be cenvatable items - prima facie case is against the assessee - Tri
  207. Refund - Whether in view of subsequent issue of credit notes neutralising the higher price along with higher duty earlier charged, the respondent would be eligible for refund - held yes - Tri
  208. Eligibility for Duty Exemption under Notification No. 108/95-C.E – Assesse cannot be accorded of suppressing the relevant facts from the Department, more so, when the exemptions certificates had been countersigned - Tri
  209. Penalty u/s 11AC - The assesse did not choose to contest the demand on the ground of limitation, thereby virtually accepting the allegation of suppression - penalty confirmed - Tri
  210. Valuation - compensation for damage, breakage or loss suffered by the goods after removal from the factory, was not permissible to be deducted from value - Tri
  211. Valuation - Construction of commercial and residential complexes - when abatement is claimed, it should be from value inclusive of all the materials used for providing the service - stay granted partly - Tri
  212. Provision of services to self - BAS - Export of services without receiving foreign exchange - valuation u/s 67 regarding transactions with associated parties - stay granted - Tri
  213. Renting of Immovable Property Services - Joint property / co-ownership - benefit of SSI exemption Notification No 6/2005-ST - whether each owner is eligible for value based exemption - prima facie the answer is Yes - Tri
  214. Franchisee Services - Period of limitation – applicant was granted representational rights for providing service - No prima facie case for total waiver of pre-deposit of service tax - Tri
  215. BAS - Commission on Promotion and Marketing – incentives were received in respect of all the models as quantity discounts or prompt payment discounts in respect of purchase of motor vehicles - stay granted - Tri
  216. Validity of Order passed by Appellate Committee, Ministry of Commerce – Misuse of DEEC licence - It is apparent that there has been error in the decision making process. Relevant statements had been ignored and not taken into consideration - HC
  217. Order u/s 3(1) of COFEPOSA - Considering the grounds on which the detention order is sought to be quashed at the pre-execution stage and the law relating thereto, none of the grounds are attracted in the present case - no relief - HC
  218. CENVAT Credit and Claiming All industry Duty drawback - merchant exporter - the restriction in condition 13 (i) of Notification 103/2008-Cus(N.T) is with reference to the goods manufactured and not with reference to the person who is claiming dr
  219. Withholding of Pension - A person cannot be deprived of this pension without the authority of law, which was the Constitutional mandate enshrined in Article 300 A of the Constitution - SC
  220. International transaction or not - Consultancy charges - even if it is assumed that certain benefit accrued to the Associated Enterprises and they were to compensate the respondent-assessee, the ALP would have to be determined. - HC
  221. Addition on the basis of inflated stock statement submitted to bank - Addition under Section 69B - additions not permissible - HC
  222. Transfer of case - Reasonableness of order passed by Commissioner u/s 127 - so long as reasons indicated in the order are neither arbitrary and/or unreasonable, Court would not be justified in setting aside the impugned order - HC
  223. Limitation – Notice for penalty u/s 271(1)(c) - the notice under Section 271(1)(c) of the Act was handed over to the counsel on 13.03.1989, and by then, the time available for completion of assessment was already over on 31.03.1988 - no penalty
  224. Disallowance of interest expense - loan and advances to sister concerns – Held that:- Rate of interest for advancing the loan to the sister concern was 6% and borrowing in the majority cases was at 12% - no disallowance - HC
  225. Nature of expenditure incurred on account of issue of bonds - revenue expenditure or capital expenditure – expenditure was a permissible deduction - HC
  226. Addition u/s 41(1) - The fact that the assessee had refunded the amount does not exonerate his accountability under charging Section 41(1) and 43(B) read with Section 147 of the I.T. Act - HC
  227. Reassessment u/s 147 without service of Notice u/s 143(2) - whether Notice under section 143(2) to be directory and not mandatory - held as mandatory - HC
  228. Deduction u/s 80IB - Housing project - Joint development agreement - whether for the purpose of benefit u/s 80IB(10, the assessee could be considered as the owner of the land in question - Held Yes - HC
  229. Retrospective effect of section 234D of the Income Tax Act – Interest on excess refund - period prior to 1.6.2003 - can not be demanded - order of HC sustained - SC
  230. Disallowance under Section 40(a)(ia) due to non deduction of TDS - section 40(a)(ia) would cover not only to the amounts which are payable as on 31st March of a particular year but also which are payable at any time during the year - Tri
  231. Disallowance u/s 14A - since the shareholders funds are far in excess of the investments, it can be presumed that investments are out of interest free shareholders funds - no disallwance - Tri
  232. Penalty u/s 271(1)(c) of the Income Tax Act – short term capital gains was not disclosed in the return of income - levy of penalty confirmed - Tri
  233. Purchase against C Form - any notification issued under the Act of 1954 cannot discredit the rebate claimed by an assessee on purchase of material by declaration under ‘C’ form in adherence of the Act of 1956 - HC
  234. Penalty u/s 4B(5) of UPTT - when the assessee in his proforma 4 and form 82 has himself declared the manufacture goods as plastic goods there was little or no evidence before the Tribunal to come to the conclusion that the goods so manufactured
  235. DOCTRINE OF LEGITIMATE EXPECTATION
  236. Amendment in Notification No 22(RE-2012)/2009-14 dated 18th June, 2013 relating to export of edible oils.
  237. Option to close cases of default in Export Obligation (EO) - Notification No. 46/2013-Customs dated 26.9.2013
  238. Power of Judicial Review - challenge the order of Settlement Commission - majority order versus minority order - The opinion of the majority quashed and the minority opinion upheld - HC
  239. Activity Manufacture OR Not – the processes of decantation and distillation done by the appellant - whether processed goods remain same as Crude Oil - held no manufacturing activity - Tri
  240. CENVAT Credit - Aluminium/ Copper coils for the repair of transformers – winding of wire/ coils would not amount an item to be considered as ‘goods’ within the meaning of Central Excise Act, 1944. - stay granted. - Tri
  241. SSI Exemption - Notification No. 08/2003 - The Revenues entire case is that inasmuch as branded goods are exempted in terms of Notification No. 4/06, their clearance value is required to be taken into consideration for computing the eligibility
  242. Valuation of Goods – Transaction value u/s 4 or MRP based valuation u/s 4A - Bulk pack of the Tooth Brushes – cannot be considered as for retail sale - stay granted - Tri
  243. CENVAT Credit – Capital Goods or inputs - credit on Racks - They have taken credit on these items by classifying the same as capital goods but that by itself cannot be reason to deny credit when they are eligible for credit by classifying it as
  244. CENVAT Credit on the basis of debit note – Prima facie when the appellant failed to follow prescribed mode, as an interim measure it was directed to deposit 50% of the service tax demanded in each appeal - Tri
  245. CENVAT Credit – It has been interpreted by the Courts that the scope of input services given before 01.04.2011 was very wide - stay granted - Tri
  246. CENVAT Credit – input services - promotional activities - LIC insurance for employees – Prima facie case in favour of assessee - a part of credit stand reversed – Stay granted - Tri
  247. Cenvat Credit - duty paying documents - document based on which credit has been taken is issued by an organization other than an organisation providing the service - stay grated being no loss of revenue - Tri
  248. Valuation of goods - inclusion of Demurrage charges - In no stretch of imagination the demurrage can be included in the value of the goods for the purpose of assessment of customs duty u/s 14(1) - Tri
  249. Valuation - Import of turtle shells - the plea of the appellant that the consignment which they got free-of-cost from the foreign supplier is of value of Rs.3500/- only in the international market has to be accepted - Tri
  250. Extended period of limitation - Benefit of notification - disposal of goods imported against Duty Free Import Authorizations Licence (DFIA) - export obligation was met - no penalty - Tri