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Archive: September, 2015

Posts in September, 2015

Comparable transactions/entity must be selected based on similarity with controlled transaction/entity

September 14, 2015 1870 Views 0 comment Print

In the case of Rampgreen Solutions Pvt Ltd vs CIT, Delhi High Court inter-alia held that the expression ‘BPO’ and ‘KPO’ are, plainly, understood in the sense that whereas, BPO does not necessarily involve advanced skills

High Courts, being Courts of Record, have the inherent power of review

September 14, 2015 3109 Views 0 comment Print

In the case of CIT vs M/s.Meghalaya Steels Ltd. the Supreme Court held that High Courts being Courts of Record under Article 215 of the Constitution of India, the power of review would in fact inhere in them.

Consignment wise duty payment can be made through CENVAT credit balance: SC

September 14, 2015 1768 Views 0 comment Print

In the case of M/s Jayaswal Neco Ltd. V/s Commissioner of Central Excise it was held by Supreme Court that even during the period when the facility of payment of excise duty in instalments on fortnightly basis is not available and remains suspended

Service tax cannot be levied on indivisible works contracts prior to 1st June, 2007: SC

September 14, 2015 2607 Views 0 comment Print

In the case of Commissioner, Central Excise & Customs, Kerala Vs. M/s Larsen & Toubro Ltd., it was held by Supreme Court that service tax cannot be levied on indivisible works contracts prior to introduction, on 1st June, 2007.

Mere addition in value after certain process does not amount to manufacture– SC

September 14, 2015 4164 Views 0 comment Print

In the case of M/s. Satnam Overseas Ltd. V/s. Commnr. of Central Excise it was held by Supreme Court that mere addition in the value after the original product has undergone certain process, would not bring it within the definition of ‘manufacture’ unless its original identity also under goes transformation and it becomes a distinctive and new product.

Cost of Returnable Packing Material not to be included in assessable value– SC

September 14, 2015 12203 Views 0 comment Print

In the case of M/s. Tata Chemicals Ltd. V/s Collector of Central Excise it was held by Supreme Court that Cost of Returnable Packing Material need not to be included in assessable value.

Applicability of various Accounting Standards

September 14, 2015 64904 Views 3 comments Print

Sagar Gupta Consistent with its January 2015 announcement, the Ministry of Corporate Affairs (MCA) has moved quite swiftly and notified its phase-wise roadmap for adoption of the Indian Accounting Standards (Ind AS) – India’s accounting standards converged with the IFRS. After lingering skepticism regarding Ind AS getting notified, this positive development positions India well at […]

When both AE and Indian enterprise are making contribution then PSM is to be follow for determination of ALP

September 14, 2015 1287 Views 0 comment Print

In the case of Venture Infogain India Pvt. Ltd vs. Dy.Commissioner of Income Tax ITAT has held that provisions the Profit Split Method is applicable mainly in international transactions which are so interrelated that they cannot be evaluated separately

Reopen proceedings not valid in absence of any tangible material to substantiate escaped income

September 14, 2015 1251 Views 0 comment Print

ITAT Chandigarh held In the case of M/s Amit Engineers vs. ACIT that it is a trite law that the only condition for the Assessing Officer to reopen the case is that for whatever reasons he has ‘reason to believe’ that income has escaped assessment.

DGFT amends condition for import of Apples

September 14, 2015 5818 Views 0 comment Print

Effect of this Notification: Import of the item ‘Apples’ covered under EXIM Code 0808 10 00 is allowed only through Nhava Sheva port.

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