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Judiciary

Statement U/s.133A have no evidentiary value if recorded by officer not empowered to

September 2, 2016 8434 Views 0 comment Print

If the officer is not empowered to administer oath, then by scoring off the sections in the heads of the stationery would not authorize officer to administer oath and take statement under section 131 of the Income Tax Act, 1961 during the survey. Therefore, this statement is only a piece of information, and does not carry any evidentiary value.

TP – Notional Interest on Excess Credit Period/ Delayed Payment

September 2, 2016 3505 Views 0 comment Print

The treatment of extended credit period to Associated Enterprises(AEs) as an international transaction and making adjustment of notional interest on the same has always been bone of contention between the assessee and department.

S. 80IB deduction conditions to be fulfilled in all years of deduction claim

September 2, 2016 2602 Views 0 comment Print

Deduction U/s. 80IB is allowable over a period of 6 years which follows that conditions for claiming deduction must remain fulfilled in all years for which deduction being claimed

Tax applicable to a Deluxe Bus cannot be demanded only on the basis that it has push back or recilining seats

September 1, 2016 1365 Views 0 comment Print

To ascertain as to whether a service can be classified as Deluxe service only on the ground that the seats in the vehicle have push back or reclining facility. It appears, there is no such provision that only on such facility being available in a vehicle it can be classified as a Deluxe service

Processing of steel scrap into blended steel scrap amounts to manufacture – AAR

September 1, 2016 2719 Views 0 comment Print

T. T. Recycling Management India Private Limited (hereinafter also referred to as applicant) is a resident Private Limited Company. Applicant proposes to source different grades of steel scrap from the generating factories and approved vendors within India as well as outside India. The scrap so procured in such a variety of forms and grades is neither suitable for the foundries nor suitable for steel mills as a raw material for its manufacturing activity.

Mere Crushing of Coal does not amount to manufacture: AAR

September 1, 2016 1675 Views 0 comment Print

It is engaged in the manufacture and sale of PET Chips. The applicant now intends to start a new business whereby the applicant intends to import coal from outside India of various size and all that It intends to do is to crush the same and thereafter supply it to the customers as per their demand.

Activity of mere Loading software in a device does not amount to manufacture – AAR

September 1, 2016 2299 Views 0 comment Print

Nucleus Device is classifiable under Tariff Entry 85176290 of the First Schedule to the Central Excise Tariff Act 1985 as Machines for the reception conversion and transmission or regeneration of voice images or other data including switching and routing apparatus other.

Arrest of MakeMyTrip officials was illegal and unconstitutional: HC

September 1, 2016 7257 Views 0 comment Print

Makemytrip (India) Pvt Ltd. Vs Union of India & Ors. (Delhi High Court) (i) The scheme of the provisions of the Finance Act 1994 (FA), do not permit the DGCEI or for that matter the Service Tax Department (ST Department) to by-pass the procedure as set out in Section 73A (3) and (4) of the […]

Tax Laws passed by Legislature not open to judicial review – SC

August 31, 2016 3187 Views 0 comment Print

The High Court has dismissed the Writ Petition by the impugned judgment and order dated 2.9.2011. Being dissatisfied with the dismissal of his writ petition the appellant preferred a Review Petition which was also dismissed by the High Court by the impugned judgment and order dated 24.11.2011.

Activities relating to spectacles, frames & tagging of jewellery does not amount to manufacture– AAR

August 31, 2016 2179 Views 0 comment Print

In the instant case, the applicant has submitted that the tag is applied by them while placing the jewellery in the box to prevent return of counterfeit items. Application does not mention that applicant would affix or emboss brand name on the jewellery. Tagging in this case is not embossing or affixing. Therefore, the activity of tagging of jewellery would not amount to manufacture under Section 2(f) ibid.

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