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Andhra Pradesh HC

In case of covered matter Tribunal can waive Pre-Deposit condition: HC

July 9, 2015 1072 Views 0 comment Print

CCCE&S Vs. M/s TPSC (India) Pvt. Ltd. (Andhra Pradesh HC)- Contention of the learned Standing Counsel for the Department that the Tribunal ought not to have granted absolute waiver and also stay of recovery without imposing any condition, does not merit any consideration in the facts of the case.

In case of doubt on dutiability of goods, extended period of limitation cannot be invoked

July 8, 2015 752 Views 0 comment Print

The Tribunal had also, considering the fact that when there was a scope for doubt whether the goods were dutiable or not, refused to apply extended period of limitation. The Tribunal relied on the judgments of the Supreme Court in Camphor Drugs and Laminates

AP HC on Sales Tax on Goods moved from one state to other for execution of work contract

June 30, 2015 985 Views 0 comment Print

The State of Andhra Pradesh Vs. M/s The Indian Hume Pipe Co., Ltd. (High Court), At the outset, it may be noted that consequent to the Constitutional amendment, levy of Sales Tax on the Works Contract came to be introduced in the State of Andhra Pradesh with effect from 01.07.1985.

If marks are not affixed on goods then it cannot be said that brand-name has been affixed

June 24, 2015 2348 Views 0 comment Print

Commissioner, Customs & Central Excise Vs.M/s.Voltarc India (P) Ltd. (Andhra Pradesh High Court)- Tribunal also found that Voltarc symbol which was being used on the wrapper and packer was reflecting only the name of the company

Rejection of claim raised in return of income ipso-facto not attract levy of penalty U/s. 271 (1) (c)

June 17, 2015 762 Views 0 comment Print

CIT Vs. G.K. Properties Private Limited (Andhra Pradesh HC) Merely because the assessee made a claim which was not acceptable ipso-facto cannot be said to have made a wrong claim by furnishing inaccurate particulars attracting penalty under Section 271(1)(c) of the Income Tax Act

No Penalty for mere Treatment of Capital Gain on Sale of Agricultural Land as Business Profit by AO

June 17, 2015 1299 Views 0 comment Print

Pr. CIT Vs. M/s G.K. Properties Private Limited (Andhra Pradesh High Court) The case of the appellant-Department, in brief, is that the assessee had purchased agricultural lands with a clear intention to trade in buying and selling of agricultural lands

Single Centering & shuttering material used in construction can be treated as plant

June 5, 2015 29622 Views 0 comment Print

CIT Vs. S. Vijaya Kumar (Andhra Pradesh High Court) Individual items of centering and shuttering material used collectively in construction process constitute ‘Plant’ in terms of first proviso to section 32 (1), even if they can’t be used on stand alone basis.

Input credit not allowed if Final Product exempt from Tax and such duty cannot be refunded

April 30, 2015 1558 Views 0 comment Print

CCECE Vs. M/s. Surana Telecom Limited (High Court of Andhra Pradesh) Rule 57L of the Rules which says that no credit of money on the inputs used in the manufacture of the final products shall be allowed if the final products are exempt from the whole of the duty of excise leviable thereon

Whenever order of Re-assessment is passed, Period of Limitation will start from the date of Re-assessment order and not from Original Assessment order

April 15, 2015 1329 Views 0 comment Print

Rastriya Ispat Nigam Limited v. ACIT In this case the writ petition was filed by the Assessee in which the AP High Court while dismissing the writ petition held that whenever an order is made under the re-assessment

Section 263 could be invoked if both the ingredients are satisfied

March 31, 2015 1132 Views 0 comment Print

While discussing the Revisional powers of CIT(A) u/s 263 it was held that the Commissioner has to be satisfied of twin conditions, namely, i) the order is erroneous; and ii) it is prejudicial to the interests of the revenue.

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