Companies Law - Enforceability of Foreign Awards - enforcement of foreign...
Companies Law - Enforceability of Foreign Awards - enforcement of foreign award would be refused under Section 48(2)(b) only if such enforcement would be contrary to fundamental policy of Indian law,...
View ArticleVAT and Sales Tax - CST - power of state government - by retaining the words...
VAT and Sales Tax - CST - power of state government - by retaining the words any person or class of persons in the amended Section 8(5)(b) it is made clear that even after the 2002 amendment, the State...
View ArticleIncome Tax - Notice for reassessment u/s 148 - Bar of limitation u/s 149 -...
Income Tax - Notice for reassessment u/s 148 - Bar of limitation u/s 149 - the period of limitation for making assessment/reassessment had already expired long back - department cannot take shelter...
View ArticleIncome Tax - Validity of Notice u/s 143(1)(a) - Prima facie Adjustment The...
Income Tax - Validity of Notice u/s 143(1)(a) - Prima facie Adjustment The procedure was not followed and the adjustment were made without notice - No addition - HC....................
View ArticleIncome Tax - Validity of Notice u/s 148 - it cannot be situation where two...
Income Tax - Validity of Notice u/s 148 - it cannot be situation where two Assessing Officer would have simultaneous jurisdiction over the assessee, one being Additional CIT, Range-I, and other being...
View ArticleIncome Tax - Nature of Incentive from government scheme - Capital receipt or...
Income Tax - Nature of Incentive from government scheme - Capital receipt or revenue receipt - The source of fund is quite immaterial. If the purpose is to help the assessee to set up its business or...
View ArticleIncome Tax - Depreciation on securities - if the assessee has consistently...
Income Tax - Depreciation on securities - if the assessee has consistently treating the value of investment for more than two decades as investment as stock-in-trade and claim depreciation, it is not...
View ArticleIncome Tax - The mere fact that on account of the expenditure incurred by the...
Income Tax - The mere fact that on account of the expenditure incurred by the assessee wholly and exclusively for its own business, incidentally some third party is also benefited is no ground to...
View ArticleIncome Tax - Penalty u/s 271(1)(c) - The absence of books of accounts of the...
Income Tax - Penalty u/s 271(1)(c) - The absence of books of accounts of the firm in the partners residence, certainly would not lead to a further inference that there were no books of accounts of the...
View ArticleIncome Tax - Additional cess and cess surcharge - u/s 43B - claim of...
Income Tax - Additional cess and cess surcharge - u/s 43B - claim of expenditure on the basis of accrued liability to pay cess and cess surcharge under the Tamil Nadu Panchayats Act, 1958 could not be...
View ArticleCustoms - Classification - import of Non-alloy steel melting scrap consisting...
Customs - Classification - import of Non-alloy steel melting scrap consisting of skull - presence of slag and skull scrap in the consignment - no hesitation in accepting the plea of the assessee that...
View ArticleService Tax - Date for applicability of rate service tax The taxable event is...
Service Tax - Date for applicability of rate service tax The taxable event is the date of providing the service and not the date of receiving the payment - Tri....................
View ArticleService Tax - Differential income on stock broking recidivist and futile...
Service Tax - Differential income on stock broking recidivist and futile endeavours by Revenue for utopian perfection tends to undermine the stability of law and impose wholly avoidable litigation...
View ArticleCentral Excise - Rule 3(5) of Cenvat Credit Rules, 2004 Registration as a...
Central Excise - Rule 3(5) of Cenvat Credit Rules, 2004 Registration as a manufacturer and not as a dealer - when supplier of inputs is already registered as a manufacturer separate registration as a...
View ArticleCentral Excise - Reversal of Cenvat Credit on production of non-excisable...
Central Excise - Reversal of Cenvat Credit on production of non-excisable goods namely Sludge - assessee cannot be called upon to suffer the reversal of Cenvat credit on the quantum of the input i.e....
View ArticleCentral Excise - Cenvat Credit - Input services - Removal of coal fly ash is...
Central Excise - Cenvat Credit - Input services - Removal of coal fly ash is one of the necessity for running of the captive power plant. Without such removal of the coal fly ash from the captive power...
View ArticleCentral Excise - First Stage / Second stage dealer - Once the goods are not...
Central Excise - First Stage / Second stage dealer - Once the goods are not recorded in the records maintained by the first stage dealer, he cannot be held liable for passing on unwanted cenvat credit...
View ArticleCentral Excise - Rufund in cash or by way of Cenvat Credit - area based...
Central Excise - Rufund in cash or by way of Cenvat Credit - area based exemption - There is no justification for allowing the refund by way of credit to the cenvat credit account, which is not even...
View ArticleService Tax - Renting of immovable property - There was no evidence to show...
Service Tax - Renting of immovable property - There was no evidence to show that the notional interest on the interest free security deposit has influenced the consideration received for renting - stay...
View ArticleCentral Excise - Case Law - M/s ESSAR OIL LTD VERSUS COMMISSIONER OF CENTRAL...
Waiver of Pre-deposit - CENVAT Credit of duty paid on M.S. plates, round bars and pipes, which were used for repair and maintenance in refinery Held that - Appellant had a bonafide belief and had taken...
View Article