Saturday 1 November 2014

In provisional assessment interest on short payment of duty arises only upon determination of duty b

Excise & Customs : Under rule 7(4) of Central Excise Rules, 2002, interest arises only from first day of month succeeding month for which such amount is determined till date of payment thereof; thus, interest liability arises only upon determination of value or duty by adjudicating authority


Sec. 54B relief available on transfer of capital asset situated outside 8 kms of municipal limits

IT: Land situated outside 8 kms. from municipal limit in terms of approach by road, would be entitled to deduction under section 54B


HC directs revenue to file an appeal for all AYs when Appellate Authorities follows own orders of pr

IT: Where Tribunal in impugned order had just followed its own earlier view and that too in relation to same assessee, appeal against order of Tribunal did not raise any substantial question of law


High Court stayed 50% of tax demand as hearing of writ petition filed by assessee would take a long-

IT : Where disposal of writ petition filed by assessee was to take long time, recovery of 50 per cent demand was stayed on payment of 50 per cent demand


CBDT revises category of taxpayers to which DRPs at Mumbai can exercise powers and functions

IT/ILT : Section 144C of The Income-Tax Act, 1961 - Dispute Resolution Panel (DRP) - Reference to – Reconstitution of DRPs at Mumbai


Assessing authority wasn’t obliged to grant refund if Appellate Authority had remanded case without

CST & VAT : Where Appellate Authority had set aside assessment order and remanded case to Assessing Authority without any specific direction to refund amount of tax, etc. deposited by assessee, it was not obligatory on part of Assessing Authority to refund said amount


CBDT constitutes DRP Panel-IV at Mumbai

IT/ILT : Section 144C of The Income-Tax Act, 1961 - Dispute Resolution Panel (DRP) - Reference to – Reconstitution of DRP at Mumbai


ITO couldn't declare sale deed as void by resorting to sec. 281; he had to proceed under Transfer of

IT : ITO has no jurisdiction to declare sale deed void under section 281


CBDT notifies different class of taxpayers for exercising powers and functions by Principal CITs and

IT/ILT : Section 120(1) and (2) of The Income-Tax Act, 1961 - Income-Tax Authorities - Jurisdiction of - Supersession of Notification No. SO 732(E), DATED 31-7-2001


Sec. 14A disallowance not triggered unless and until there is a receipt of exempted income during th

IT: Unless and until, there is receipt of exempted income for concerned assessment years, section 14A cannot be invoked


Issue as to whether certain process would amount to manufacture was not appealable before High Court

Excise & Customs : Where issue directly involves, among other things, determination of whether process amounts to manufacture or not, matter should be agitated before Supreme Court and no appeal lies before High Court


Co. can’t submit Form 32 with ROC before action contemplating vacation of office of director is unde

CL : No leave can be granted to company to submit Form 32 with RoC to intimate vacation of office by director before action contemplated in requisite provision is actually taken