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Archive: 20 August 2015

Posts in 20 August 2015

Intention of Legislature and Purposive Construction should be Considered while interpreting a Notification- SC

August 20, 2015 972 Views 0 comment Print

In the case of M/s Coastal Papers v CCE,Hon’ble Supreme Court while interpreting the Notification No. 22/94-CE, held that whenever the notification is interpreted the intention of the Legislature should be considered.

Test of marketability satisfies on being shown that product is capable of being sold and actual sale is irrelevant- SC

August 20, 2015 1167 Views 0 comment Print

The Hon’ble Supreme Court in the case of M/s Escorts Ltd. held that the test of marketability fairly satisfies when it is shown that the product is commercially known and being capable of bought and sold. The same not being actually sold is totally irrelevant.

Exemption notification to be strictly interpreted so as to leave no room for any extended meaning – SC

August 20, 2015 1534 Views 0 comment Print

Hon’ble Supreme court in the case of B.P.L. Limited Vs. CCE held that the benefit of exemption notification is available only when the conditions of notification are strictly met by the assessee and no benefit can be allowed by taking liberal view of any condition.

Mere use of technical knowledge to provide services does not per se amount to transfer of technical knowledge

August 20, 2015 603 Views 0 comment Print

ITAT New Delhi in the case of ITO (TDS) Vs. Nokia India P. Ltd. held that the payments made by the assessee company to Finland based as a consideration for review of design , construction and quality control plans from outside India are not in the nature of fee for technical services as defined in Article 13 of DTAA between India and Finland.

CENVAT credit eligible even if expenses are reimbursed by Parent company

August 20, 2015 3627 Views 0 comment Print

The appellant is engaged in the manufacture of motorcycle and procures the service of advertising agency for the purpose of advertising their final product. They pay the value of the services to the advertising agency along with the amount of Service Tax leviable thereon.

Assessment framed in the name of non existing entity due to amalgamation cannot be cured by Sec. 292B provisions

August 20, 2015 586 Views 0 comment Print

It was held by ITAT delhi in the case of SC Jhonson Products Private Limited Vs. DCIT, that framing of assessment against a non existing entity/person is not a procedural irregularity but a jurisdictional defect and can not be cured by application of Section 292B of the Income Tax Act, 1961.

Valuation rules should not be invoked, if the transaction is done on arm’s length price even in case of related parties – SC

August 20, 2015 2238 Views 0 comment Print

In the case of Commissioner of Central Excise V/s. M/S. Detergents India Ltd., Supreme Court has held that in case of related party transactions, proviso (iii) of Section 4(1)(a) will not be applicable when there is no arrangement between Shaw the related parties to depress a price which is otherwise at arm’s length.

Risograph is a Printing Machine and will be classified accordingly – SC

August 20, 2015 757 Views 0 comment Print

Hon’ble Supreme Court has held in the case of HCL Limited v Commissioner of Customs that Risograph is a printing machine and not a duplicating machine.

Recovery order passed without issue of show cause notice is illegal- SC

August 20, 2015 3930 Views 0 comment Print

The Hon’ble Supreme court in the case of M/s Dharampal Satyapal Ltd. held that the passing of recovery order without issuance of show cause notice is against the principles of law and thus, the proceedings initiated has no validity.

A Report on Audit Quality Review Findings (2012-15)

August 20, 2015 345 Views 0 comment Print

Quality Review Board has initiated a robust system of independent review of statutory audit services of the audit firms auditing accounts of public interest entities in India in August 2012 pursuant to a process comprising selection of the audit firms for review and engagement of Technical Reviewers.

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