Customs : Whether value-addition has been made or whether same has been correctly shown, is a subject matter of examination by DGFT; Customs Department can merely examine FOB value and cannot reject declared FOB value on ground that value-addition shown by assessee could not have been achieved
Tuesday, 29 September 2015
DLF isn't dominant player in Delhi in presence of developers like DDA, Ansal and API
Competition Act: Where there were many real estate developers in relevant market of provision of services relating to development and sale of residential apartment in Delhi, DLF was not dominant in relevant market
Delay in filing of appeal can't be condoned on ground that one of the partners of firm was ill
IT: Delay in filing of appeal cannot be condoned on ground that one of the partners of firm was ill
Even payment made under oral contract would attract TDS under sec. 194C
IT : Where assessee made payments on regular basis to owners of goods carrying vehicles though in terms of 'oral contract', assessee was liable to deduct TDS under section 194C
IRDA releases master circular on anti-money laundering or counter financing of terrorism
INSURANCE : ANTI MONEY LAUNDERING/COUNTER FINANCING OF TERRORISM (AML/CFT) GUIDELINES FOR LIFE INSURERS
Service provider promoting foreign brand isn't eligible for duty credit scrip under SFIS
FT (D&R) Act : Where petitioner-exporter applied for duty credit entitlement under SFIS but same was denied by impugned order, petitioner did not have vested right in seeking incentive as Duty Credit Scrip and, thus, impugned order of Central Govt. was to be upheld
Failure of assessee to show urgency of availing of cash loans above Rs. 20,000 leads to imposition o
IT : Where assessee-company accepted cash loan in contravention of provisions of section 269SS, in absence of any material to show that there was urgency for assessee to avail of loan in cash, such transaction would not come under exception clause of section 271D, and penalty levied was justified
Belief of partner that he wasn't liable for TDS on interest paid to firm wasn't a reasonable cause t
IT: Language of section 194A does not leave scope for any ambiguity on liability of a partner to deduct tax on interest paid by him to firm; therefore, belief of partner that he is not liable to deduct tax at source on interest paid to firm, cannot be considered as reasonable cause as contemplated under section 273B
Tax authorities can't take a stand different from Govt. so as to deny benefit to assessee
CST & VAT: Central Sales Tax - Once Cabinet took a policy decision to extend its 2004 Industrial policy in matter of central sales tax concession to eligible units beyond 31-3-2009 upto 31-3-2013 and notification dated 29-5-2009, accordingly, having been issued by Department of Industries, thereafter Excise and Taxation department could not take a different stand
Sec. 153C doesn't require that seized docs found during search must be incriminating ones
IT : In view of CBDT Instruction No. 5/2004, since total tax effect of all appeals filed by revenue before Tribunal was less than Rs. 4 lakhs, appeal was to be dismissed
No transfer of case as authorities didn't record independent findings that assessee was linked with
IT: Unless an independent finding is recorded by authorities that parties were linked in such a manner where there was major flow of finance from one side to other, transfer of assessment proceeding should not be permitted on ground of search conducted on one party
Officials with unsavory past and dubious reputation shouldn't be appointed as Tax Recovery officer:
IT : Implementation of Administrative Recommendations of Committee for Drafting New TRO Manual
Copy of doc proving ownership of premises is required for registration under Kerala VAT
VAT/KERALA/INDIAN ACTS & RULES : Kerala Value Added Tax (Amendment) Rules, 2015 – Amendment in Rule 17
No excise duty on sum received due to price escalation if it isn't known at or before time of remova
Central Excise : Duty is payable at place, price and time of clearance of goods; hence, price-escalation, which was not contemplated at or before time of removal, cannot form part of transaction value especially when there is no allegation of understatement of value
Ban on import of Palm Oil via Kerala ports is in interest of farmers growing Coconuts: Apex Court
FTDR: Sub-section (2) of section 3 of Foreign Trade (Development and Regulation) Act gives ample power to government to issue notifications in exceptional cases, thus, where decision to issue notifications prohibiting import of palm oil through all ports of Kerala had been taken in interest of farmers, more so for their survival, notifications so issued were to be upheld
Not affording opportunity to cross-examine witness is violation of natural justice
Service Tax/Excise/Customs : Where demand has been confirmed relying upon witnesses of certain witnesses but assessee has not been allowed cross-examination of said witnesses, there was violation of principles of natural justice and therefore, matter was to be remanded back for consideration afresh
Employees contribution to PF paid belatedly but before due date of filing return is deductible: Hyde
IT: Where assessee remitted employees' contribution to provident fund belatedly, but within due date of filing of return of income under section 139(1), in view of provisions of section 43B, business disallowance made by Assessing Officer was not justified
Dept. can't withheld refund or interest thereon unless higher authority stays order granting refund
Excise & Customs : Where Tribunal order granting refund with interest had not been stayed by Supreme Court, department could not withheld refund or interest thereon
Govt. mandates electronic filing for appeals and revisions under Chhattisgarh VAT
VAT/INDIAN ACTS & RULES : Chhatisgarh Value Added Tax Rules, 2006 – Amendment In Rules 57 And 63
Punjab and Haryana HC directs CBDT to extend due date of filing of return beyond Sept. 30, 2015
IT : The Punjab and Haryana High Court directed CBDT to extend due date of filing of income-tax returns from September 30, 2015 to October 31, 2015
CBDT directed to consider representation for extension of ITR due date peremptorily by 29-09-2015
IT : Karnataka High Court directs CBDT to consider representation for extension of date of filing of return (due by Sept. 30, 2015) peremptorily by Sept. 29, 2015
Presence of substantial number of venture capital firms in relevant market rules out dominance of op
Competition Act : Where there were substantial number of reality linked private equity/venture capital firms such as Kotak gp, HDFC etc. in relevant market of provision of services relating to management of investment in realty linked venture capital funds and reality linked private equity funds in India, OP with whom informant had invested a sum in a scheme, was not dominant in relevant market and, therefore, no case of abuse of dominant position was made out
One time upfront fee to be spread over term of agreement if it is refundable on termination of agree
IT : Where certain amount of upfront fee was received by assessee as advance fee for period of ten years and a portion of same was refundable to operator in case of termination of agreement within ten years, amount was to be spread over in ten years
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