Judgements and Orders, Supreme Court and High courts of India
SC decides determinant for excise duty exemption
CA. Amit Daga 27 March 2008 at 10:48
Valuation in Customs
CA Praveen Chopra 26 March 2008 at 16:01
valuation -Merely because supplier was holding 30% of equity in share capital of buyer does not establish mutuality of interest - Burden to prove undervaluation lies on Revenue
Non compete fees
CA Praveen Chopra 26 March 2008 at 14:12
Non-compete fee paid to ward off competition but no period recorded in agreement - Since no capital asset created nor any advantage of enduring nature acquired, it is business expenditure, eligible for deduction
Service Tax Credit
CA Praveen Chopra 26 March 2008 at 12:14
Security Services utilized by appellant for residential colony - whether eligible for Cenvat Credit - Matter remanded as Commissioner(A) has passed a non-speaking order
Central Excise - Duty paid before Show cause Notice
CA Praveen Chopra 25 March 2008 at 15:17
Central Excise - Duty paid before Show cause Notice - interest and penalty liable : Karnataka High Court
Excise duty and sales tax under section 80HHC(3)
CA Praveen Chopra 24 March 2008 at 18:58
Excise duty and sales tax cannot form part of 'total turnover' u/s 80HHC(3), otherwise formula becomes unworkable : ITAT Special Bench
Input Services Credit
CA Praveen Chopra 24 March 2008 at 18:58
Exempted and dutiable services – common input services - Not maintaining separate records cannot be a ground for denying Input Service Credit in respect of service tax paid on services referred in Rule 6(5) of CCRs, 2004 : Tribunal
Section 80-IA-Synco Industries vs. ITO (Supreme Court)
CA Jonu Jain 20 March 2008 at 18:14
(a) If the assessee has suffered a loss in one unit, the same has to be set-off against the profits of the undertaking eligible for deduction u/s 80IA etc and if the resultant figure is a loss, no deduction under Chapter VI-A is allowable; (b) Whe
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