Friday 3 October 2014

Making jewellery through job-work amounts to manufacture for purpose of section 10A relief

IT : Process of jewellery making through job work amounts to manufacturing for purpose of section 10A


Clandestine removal of goods calls for penalty even when duty and interest are paid prior to issuanc

Excise & Customs : In case of clandestine removal, mere payment of differential duty whether before or after show-cause notice would not avoid penalty


Mere holding of regular classes by educational institution isn't sole criterion for allowing sec. 11

IT: Holding of regular classes or wholesome educational activities cannot be only criteria to be called educational activities eligible for benefits under section 11


Exp. for earning of residual income is deductible even when no residual income is actually earned

IT : It cannot be said that interest expenditure on borrowed capital shall be debited, only if any income is made or earned


ITAT directs AO to determine ALP on basis of internal comparables considering its earlier order

IT/ILT: Where assessee was engaged in transactions of rendering software development services to its AE located abroad, in view of order passed by co-ordinate bench of Tribunal in assessee's own case relating to earlier assessment year, matter relating to determination of ALP of aforesaid transactions was to be remanded back for disposal afresh on basis of internal comparison of profits from international transactions entered into with AE and with unrelated parties


Pre-deposit ordered by Tribunal without considering significant issues would give rise to question o

Service Tax : Where Tribunal directed Railways to make pre-deposit despite : (a) pleading of strong prima facie case, (b) issue being debatable, (c) no apprehension of revenue as regards non-recovery in event of upholding of demand, (d) balance of convenience being in favour of Railways rendering public service, matter did involve substantial question of law and was appealable to High Court


Handwritten demand notice issued by appellant within 30 days of receipt of info of dishonour of cheq

Negotiable Instrument : Where handwritten notice by appellant to respondent for dishonour of cheques fulfilled mandatory requirement under clause (b) of proviso to section 138, same could be said to be valid notice