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Madras High Court

sec 80HHC- Taxation Laws (2nd Amendment) Act, 2005 have prospective effect

August 30, 2015 1561 Views 0 comment Print

Madras High Court held in CIT V/s Ms Orient Express that the amendment to sec 80HHC would have prospective effect from 2005 not retrospective effect.

Income from sell of land is capital gain, if purchase and sell of land is not the business of Assessee

August 30, 2015 5586 Views 0 comment Print

Madras High Court held in CIT Vs Ms Vidya Thangakumar that it would vary from case to case that whether the land in the hand of assessee is a capital asset or business stock. In the present case the assessee had got the land under settlement and it had to sell the land

Issuance of Show cause notice mandatory for recovery of erroneous refund granted

August 30, 2015 7183 Views 0 comment Print

The assessee is engaged in the manufacture of automobile parts and components. The assessee cleared waste and scrap and replacement of defective products without payment of duty. The period in question pertains to September, 1998.

Expenses related with improvement in operations of existing business product line is revenue expense

August 30, 2015 712 Views 0 comment Print

Madras High Court in the case of CIT Vs M/s Southern Petrochemicals Industries Corporation Ltd held that market research expense incurred to increase the efficiency of the existing business product line, the same should be treated as revenue expense.

Only operational income related with main business activity of assessee will qualify for deduction u/s 80HHC

August 30, 2015 573 Views 0 comment Print

Madras High Court held in CIT Vs Funskool (I) Ltd (Madras High Court) that for calculating the cost of the finished product the process of designing or stickering which had been used to design or give a final look to the finished product

MAT credit should be adjusted in priority to other credit of taxes like TDS, advance tax or other taxes

August 30, 2015 4490 Views 0 comment Print

Madras High Court in the case of CIT Vs M/s Ambattur Clothing Limited held that for calculating the assessed tax priority has to be given to adjust the MAT credit then TDS and advance tax would be adjusted by relying on the decision of Supreme Court

Erroneous payment of duty on exempted goods would not render the goods dutiable

August 29, 2015 1057 Views 0 comment Print

The assessee Integral Coach Factory (ICF) belonging to the Central Government is engaged in the business of manufacturing passenger coaches both self-propelled and non-propelled, steel freight containers and parts of passenger coaches for railways under Chapter 86 of CET 1985.

CENVAT credit on capital goods used in the construction/erection of plant is allowed

August 29, 2015 2585 Views 0 comment Print

In the case of M/s.Thiru Arooran Sugars Vs. The Custom, Excise and Service Tax Appellate Tribunal, Hon’ble Madras High Court held that CENVAT credit on capital goods used in the erection of various capital goods, viz., M.S.Plates, M.S.Angles, M.S.Channels and H.R. Plates, which were purchased

CENVAT credit of outdoor catering & outward transportation upto place of removal allowed

August 29, 2015 2243 Views 0 comment Print

In the case of Commissioner of Central Excise & Service Tax Vs. M/s. Thiru Arooran Sugars Ltd., Hon’ble Madras High Court held that the CENVAT credit of the service tax paid in respect of cell phone services, catering services

Interest payable if drawback not paid within one month from the date of filing a claim – HC

August 27, 2015 10351 Views 0 comment Print

In the case of M/s.Karur K.C.P.Packagings Limited vs. The Commissioner of Customs, it was held by Madras High Court that that where any drawback payable to the claimant is not paid within a period of one month from the date of filing a claim for payment

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