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Displaying Judiciary 1 - 10 of 1611 in 162 pages


Export condition fulfilled even if payment is received in indian rupees

By bimal jain On 28 May 2015 at 10:54

Accordingly, it was held that even though the Appellant received the payment in Indian Rupees but the same is deemed to be convertible foreign exchange and accordingly the condition as provided under Rule 3(ii) of the Export of Service Rules stand co...

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Posted in Others | 0 comments | 29 hits


Refund of excess Excise duty permissible on reduction in contract price after clearance of goods from factory

By bimal jain On 26 May 2015 at 16:38

The Hon-ble Apex Court held that it is clear that by letter dated April 15, 2002, the original purchase order dated October 31, 2001 was novated insofar as price was concerned, which is before the date of removal of goods from the factory premises in...

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Posted in Excise | 1 comments | 55 hits


Where Pre-deposit of principal demand of Service tax has been waived off, CESTAT cannot order of pre-deposit for consequential interest component

By bimal jain On 20 May 2015 at 10:44

In the instant case, the Hon-ble CESTAT disposed off the Stay Application filed by Punjab Chemicals & Corp Protection Ltd. (-the Appellant-) and stayed the entire demand of Service tax amounting to Rs. 35,14,534/-. However, the Appellant was directed...

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Posted in Service Tax | 0 comments | 103 hits


Excise exemption available to Indian manufacturers has to be extended to CVD payable by importers

By bimal jain On 13 May 2015 at 11:01

The Exemption Notification exempted goods falling under Heading 87.03 of the Central Excise Tariff Act, 1985 and consequently, duty payable was 40%. However, proviso to the Exemption Notification gives exemption of duty of 10% to the manufacturer of ...

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Posted in Excise | 0 comments | 116 hits


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 | 339 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 | 481 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 | 506 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 | 506 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 | 474 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 | 562 hits








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Updated on : 28/05/2015 21:13:00



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