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Export of duty free goods procured alongwith export goods not mandatory under N/N. 43/2001-CE

April 17, 2016 1270 Views 0 comment Print

The CESTAT New Delhi in the above cited case held that procurement of duty free goods under notification no 43/2001 is subject to condition of the use of such goods in the manufacture or processing of goods to be exported.

Interest not leviable if differential duty paid by 5th of following month under Packing Machine Rules, 2008

April 15, 2016 796 Views 0 comment Print

CESTAT held that in case of increase in the number of operating packing machines in the factory during the month on account of addition or installation of packing machines, the differential duty amount, if any, shall be paid by the 5th day of the following month.

Acceptance of letters without acknowledgment is unacceptable: HC

April 13, 2016 3340 Views 0 comment Print

HC held that income tax officer to whom an application is made should give an acknowledgment of having received and accepted the application on face if the same is found in prescribed manner with prescribed details.

Recovery proceedings Initiation before stay application disposal is illegal

April 10, 2016 3295 Views 0 comment Print

High Courtheld that the any action of revenue to recover taxes adopting coercive means is not permissible till the assessee’s application for stay under section 220(6) of the Act is disposed of. Further, an application for stay should be disposed off by a speaking order.

Identity of examiners cannot be disclosed to examinees: SC

April 4, 2016 1600 Views 0 comment Print

Hon’ble SC held that disclosure of checked answer sheets , basis for interview marks is an information which public authority do not holds in fiduciary capacity , hence can be disclosed to information seeker.

Vehicles sales concludes at a place where registration takes place

April 3, 2016 5326 Views 0 comment Print

It is been held that in case of motor vehicles the registration and sale is a co-terminus activity. Thus, the place of registration is deemed as place at which sale gets concluded. Accordingly, the sales tax has to be paid as per the law in force in the state/Union Territory at which sales so concludes.

Deliberate suspicious trading ignorance by brokers to attract penalty

March 31, 2016 1567 Views 0 comment Print

Broker and sub-broker would be liable to face proceedings under FUTP regulations due to their deliberate ignorance of constant suspicious trading transactions executed on the behalf of clients. In the present case, the brokers executed transaction on behalf of their clients in illiquid scrip in short span of time that too for a long period of time.

Service tax on admission to amusement facilities is constitutional

March 22, 2016 2824 Views 0 comment Print

Kerala High Court held that levy of service tax on admission to amusement facilities do not result into any trenching of Union Parliament on power conferred on State as two aspects taxed by respective legislatures are ‘service’ and ‘amusement’ and no law is invalid in taxing its respective aspect even when same activity being getting taxed twice under two different laws.

S.68 Assessee only required to provide evidence of identity & transactions

March 21, 2016 3409 Views 0 comment Print

The Jaipur bench of ITAT in the above cited case held that the assessee is only expected to produce the documentary evidences regarding the transaction and identity of the persons from whom it has accepted the deposits.

Enduring benefit test cannot be applied mechanically on software expenses

March 18, 2016 3517 Views 0 comment Print

HC held that application software is an aid in the business operations rather than the tool itself. Therefore, the payment for such application software, though there is an enduring benefit, does not result in acquisition of any capital asset and it merely enhances the productivity or efficiency and hence, has to be treated as revenue expenditure.

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