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Displaying Judiciary 1 - 10 of 1607 in 161 pages


Doctrine of unjust enrichment will be applicable in case of refund of duty paid on capital goods which are captively consumed

By bimal jain On 20 April 2015 at 10:28

The Hon-ble Supreme Court allowed the appeal in favour of the Revenue by setting aside the decision the Hon-ble Tribunal and held that Doctrine of Unjust Enrichment will be applicable in case of refund of duty paid on Capital goods, which are used ca...

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Posted in Excise | 0 comments | 94 hits


No interest and/ or penalty can be levied just because the Assessee had paid Service tax, which was actually not payable

By bimal jain On 17 April 2015 at 14:09

The Hon-ble High Court of Madras upheld the Order of the Hon-ble Tribunal and held that since amendment to the Service Tax Rules have come into effect on August 16, 2002 and it is only by way of amendment the liability of service recipient to pay Ser...

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Posted in Service Tax | 1 comments | 170 hits


Delhi High Court non-taxable income

By Hetvi Sheth On 16 April 2015 at 10:23

The question of law urged by the assessee is whether the decision of the ITAT as to the disallowance under Section 14A of the Income Tax Act, is in error of law. Assessee mainly engaged in the business of coal preparation had reported a tax exempt in...

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Posted in Others | 0 comments | 193 hits


Supply of medicines, drugs, stents, and other implants etc., during the course of treatment or a medical procedure is not a ‘Sale’ and thus not exigible to VAT

By bimal jain On 13 April 2015 at 11:07

The Hon-ble High Court of Punjab and Haryana made elaborate discussion in this regard and held as under: - The State Governments draws their power to impose Sales Tax/ VAT on sale or purchase of goods, other than newspapers, from Entry No.54 of ...

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Posted in VAT | 0 comments | 232 hits


Whether deduction u/s 80HHC can be allowed from domestic business if exports business has suffered a loss?

By Hetvi Sheth On 13 April 2015 at 11:07

The appellant company is engaged in the business of export of Marine products and also financial consultancy and trading in equity shares. Its total business does not consist purely of exports but includes business within the country. AO held that th...

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Posted in Others | 0 comments | 231 hits


Whether income exempt u/s 10 has to be excluded while computing income of charitable institutions exempt u/s 11? Whetherrequirement in section 11 with regard to application

By Hetvi Sheth On 11 April 2015 at 10:43

The substantial question of law raised was whether an assessee claiming exemption u/s 11 can claim that income exempt u/s 10(33) and 10(38) to be excluded while computing the application of income for charitable or religious purpose. Held that there ...

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Posted in Others | 1 comments | 312 hits


Larger Bench of Tribunal held that Works Contracts are exigible to Service tax even before June 1, 2007

By bimal jain On 09 April 2015 at 10:13

The matter raised before the Larger Bench of the Hon-ble CESTAT, Delhi in the instant case is that whether components of a composite transaction amounting to supply of labour/ rendition of service(s), under a Works Contract ought to be classified onl...

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Posted in Service Tax | 1 comments | 414 hits


Whether expenditure allowable u/s 35D can be capitalized to asset for claim of depreciation u/s 32?

By Hetvi Sheth On 16 March 2015 at 11:01

In the Assessment Year 1980-81, the assessee had issued 6,25,000 equity shares of Rs.10/- each. Accordingly, a sum of Rs.62.50 lakhs was adjusted by issue of shares and the balance application money was refunded to the subscribers. The increase in th...

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Posted in Others | 2 comments | 907 hits


Subsequent reversal of Cenvat credit initially availed but not utilized, tantamount to non-availment of Cenvat credit

By bimal jain On 09 March 2015 at 10:17

The Hon-ble CESTAT, Delhi relying upon the judgment of Hon-ble Allahabad High Court in the case Hello Minerals Water (P) Ltd. Vs. Union of India [(2004 (7) TMI 98] which was based on the Hon-ble Apex Court judgment in the case of Chandrapur Magnet Wi...

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Posted in Excise | 1 comments | 911 hits


Whether transaction of loan between a firm and its partner attractsSection.269SS of Income Tax Act?

By Hetvi Sheth On 02 March 2015 at 10:29

Assessee is a Partnership firm involved in the business of banking and registered under the Kerala Money Lending Act.Notice u/s 148 of the Act was issued to the respondent-assessees. The firm had accepted payments from the partners, during the releva...

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Posted in Income Tax | 0 comments | 1183 hits








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Updated on : 28/04/2015 10:43:00



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