Excise & Customs : Time-limit for recovery of principal (duty) would also apply to recovery of interest; therefore, time-limit of section 11A of Central Excise Act, would apply for recovery of interest under section 11AA
Tuesday, 4 November 2014
HC denies rectification plea as revenue was pleading only on basis of contentions noted in past orde
IT : Where rectification application of revenue to disallow marketing expenses was based on contentions which were noted in earlier order of Tribunal, its dismissal would be proper
Registrars to keep separate registers for cases in which stay was granted and where no stay was gran
EXCISE & CUSTOMS LAWS : Section 35C Of The Central Excise Act, 1944 - Orders of Appellate Tribunal – Maintenance of Registers of Cases where Stay Granted/Not Granted
Govt. constitutes Indirect Tax Ombudsman at Chennai
ST LAWS/EXCISE & CUSTOMS LAWS : Indirect Tax Ombusman Guidelines, 2011 – Dispute Resolution and Taxpayers Services Through Indirect Tax Ombudsman, Chennai
CBEC gives discretion to authority to order pre-audit by clubbing artificial splitting up of rebate
EXCISE & CUSTOMS LAWS : Section 14A of The Central Excise Act, 1944 - Special Audit in Certain Cases – Clarification on Splitting up of Rebate Claims to Avoid Pre-Auditing
No VAT on sale of used car as it was a solitary transaction as assessee was dealing in timber
CST & VAT: Where assessee was a dealer in timber and during year it sold a used car, sale of car was a solitary transaction and it would not make assessee a dealer or a casual dealer in car
Exp. incurred by cable operator in laying cables for providing cable connections to viewers was reve
IT : Where assessee company providing cable connections, incurred expenditure in laying cables, said expenditure was to be regarded as revenue in nature
CUP method should be preferred over TNMM on availability of internal comparables
IT/ILT: Where rates charged by assessee to AE were comparable with rates charged by assessee to unrelated parties and rates charged by other parties to AE in earlier years, CUP method followed by assessee was most appropriate method
Subsequent demand notice was invalid as there was overlapping of ST demand on issuance of two show c
Service Tax : Where two show-cause notices had been issued by authorities of two different jurisdictions demanding service tax on same transactions under same category for common period, subsequent notice was invalid upto extent of overlapping
HC allows applicant-creditor to sell off property of liquidating-co. as per directions issued by Ape
SARFAESI: Where applicant-secured creditor sought for permission to sell properties of company-in-liquidation, it was permitted to do so following directions issued by Supreme Court in its earlier decision
Assessing authority can rectify error in its judgment only through revision and not by tax escaping
CAT & VAT: Where Assessing Authority at time of assessment did not include amount of profit disclosed in taxable turnover on plea that profit was exempted from tax and subsequently he reassessed assessee to tax on amount of profit, it was case of error of judgment rectifiable only by way of revision
Reassessment to tax income from house property upheld as ALV of property assessed at higher rate in
IT : Where Assessing Officer having completed assessment taking rental value of property at a particular amount, initiated reassessment proceedings finding that in earlier assessment year rental value accompanied by interest free deposit had been assessed at higher amount and said annual value would have only witnessed an increase during intervening period of two years, validity of proceedings so initiated deserved to be upheld
Appeal can be made against order of Commissioner (Appeals) if appeal was examined by Committee of Co
Excise & Customs : Committee of two Commissioners decides whether an appeal should be preferred, when impugned order is passed by Commissioner (Appeals); only when original adjudication order is passed by Commissioner, then a Committee consisting of two Chief Commissioners examines appealability of said order
No reassessment to deny sec. 10B relief on job-work activity if such fact was duly examined during a
IT : Where in original assessment proceedings assessee had, on a specific query raised by Assessing Officer, informed him that it was carrying out manufacturing/production activity on 'job work basis' and despite that Assessing Officer allowed deduction under section 10B, assessment could not be reopened on ground that assessee carrying out work on job basis was not entitled to deduction under section 10B
AO had rightly rejected books and made estimated addition to turnover after finding discrepancies du
CST & VAT : Where Assessing Officer conducted survey at business premises of assessee and found various discrepancies, he was justified in rejecting account books and making addition to turnover on estimate basis
ITAT directs AO to exempt gains on sale of land as assessee had wrongly taken agricultural land as c
IT: Where Assessing Officer in remand report had accepted that agricultural income from sale of standing trees had been arrived at based on relevant market value, claim of assessee was to be allowed
RBI issues guidelines on monitoring tools for intra-day liquidity management
BANKING : Basel III Framework on Liquidity Standards – Monitoring Tools for Intraday Liquidity Management
MCA revises fee schedule for filing petitions before CLB
COMPANIES ACT, 2013/INDIAN ACTS & RULES : Company Law Board (Fees on Applications and Petitions) Amendment Rules, 2014 – Amendment in Schedule
Interest paid to different related parties at different rates couldn't be disallowed when it was pai
IT : Unless payment of interest was in excess of market rate, merely because assessee paid interest at different rates to different companies, payment of interest could not be held to be excessive and unreasonable
Materials used in tyre retreading weren't liable to ST; SC dismissed delayed appeal of revenue
Service Tax : Supreme Court dismissed Revenue's appeal on ground of delay, which was filed against Tribunal judgment holding that materials used in tyre retreading is not liable to service tax and are eligible for benefit of Notification No. 12/2003-ST
No auction on basis of notice published in newspaper having low circulation in locality where asset
SARFAESI : Auction sale on basis of notice published in newspaper having low circulation in locality where property was situated was not valid
Subscribe to:
Posts (Atom)