LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Taxation Judgments and Orders

Stamp duty used while VRS employees is duductible as Revenue Expenses

 09 November 2011

Assessing Officer noticed that the assessee has claimed deduction of Rs. 1,00,83,271 on the new method which was not allowed by the Assessing Officer in full. The view taken by the AO was upheld by the first appellate authority. Similar issue in asse..

Posted in Taxation |   1800 hits

Interest received on FDR for letter of Credit related to business is to be taken in consideration for calculating deduction u/s 80HHC of IT Act 1961

 07 November 2011

For claiming deduction under section 80HHC of the IT Act 1961 interest received from FDR is need to be excluded from the business income subject to the condition that the FDR is not related to the Business. ..

Posted in Taxation |   2140 hits

As per sec 271(1)(c) of IT Act. in case of surrender of full income by the Assessee penalty can not be raised.

 04 November 2011

Whether the penalty under section 271(1)(C)of the Income Tax Act. can be raised after the disclosure made by the Assessee of his full income without the presence of proper evidence. ..

Posted in Taxation |   5363 hits

Perquisites are not chargeable to tax if cost of education dose not exceed Rs.1000 per child

 03 November 2011

“Whether on the facts and in the circumstances of the case, the learned ITAT erred in holding that Assessee was not in default under Section 201(1) and not liable for interest for lower deduction of TDS under Section 201(1A) of the Income Tax Act, 19..

Posted in Taxation |   1952 hits

Rebate claim on duty By Ranbaxy u/sec 11BB Central Excise Act, 1944

 25 October 2011

Ranbaxy field claim for interest u/sec 11BB - Rejected by CCE - Appeal - entitled interest under sec 11BB- Assistant commissioner field revision application and ministry of finance held that appellant was not entitle to interest u/s 11BB - field writ..

Posted in Taxation |   2429 hits

Carbon Paper Self copy paper whether given in the schedule or not duty @20% will be applicable

 20 September 2011

The carbonless paper is a chemically treated paper used for producing impression of the writing or manuscript of the original paper on the other paper sheet. Such carbonless paper, which is a kind of copying paper is processed firstly by printing, wh..

Posted in Taxation |   2099 hits

When product is capable of being classified under two chapter headings, then Rule 3 (c) of the Act will apply

 20 September 2011

The issue which falls for consideration in the present appeals is whether laminated panels of particle and medium density fiber board should be classified under sub- heading no. 4406.90 and 4407.90 or under subheading no. 4408.90. The appellant alleg..

Posted in Taxation |   1838 hits

Treatment made to render the product marketable to the consumer shall amount to manufacture

 13 September 2011

The issue which falls for consideration in the present appeal is whether the treatment given or the process undertaken by the appellant to Helium gas purchased by it from the open market would amount to manufacture, rendering the goods liable to dut..

Posted in Taxation |   1916 hits

Product fall under Tarrif Sub Heading 8544 liable for Exemption under Notification o 205/88 as amended by Notification No 57/95

 10 September 2011

The material facts are that the appellant is engaged in the manufacture of insulated wires and cables falling under Central Excise Tariff Sub- Heading No.8544.00. The appellant claimed benefit under Notification no. 205/88 – C.E. dated 25.05.88 as a..

Posted in Taxation |   2498 hits

Brand Name not registered may not make the goods non Excisable

 10 September 2011

The respondent No. 1, M/s. Kalvert Foods India Pvt. Ltd. is a company (in short hereinafter referred to as 'the Company') engaged in the manufacture of P & P Food Products, such as, assorted jams, pickles, squashes, cooking sauces, chutneys, syrups, ..

Posted in Taxation |   1999 hits

Royalty paid on recording of cassettes imported should be included for transaction value

 29 August 2011

The facts leading to the filing of the present appeals are that the Respondent-company undertakes various music projects in India and under these projects it enters into agreements with reputed artists for composing and recording musical works. The m..

Posted in Taxation |   1771 hits

Product Fall under chapter 87 than Packing Charges should be included in the Assesable value

 29 August 2011

The appellant-company, previously known as M/s. Eicher Limited –unit Royal Enfield Motors, are manufacturing motorcycles falling under Chapter 87 of the Central Excise Tariff Act, 1985. The issue relates to non-inclusion of the value of packing charg..

Posted in Taxation |   1537 hits

Income tax Appeal was partly allowed ny the HC on question relating to assessment

 05 July 2011

This appeal under Section 260A of the Income-tax Act is at the instance of an assessee and is directed against order dated March 30, 2001, passed by the Income-tax Appellate Tribunal, “E” Bench, Calcutta, in Income-tax Appeal bearing IT (SS) A No.69/..

Posted in Taxation |   2852 hits

HC dismissed the appeal and allow the Respondent to collect the penalty

 09 June 2011

HC dismissed the appeal and allow the Respondent to collect the penalty..

Posted in Taxation |   2258 hits

HC dismissed the appeal against the order of Tribunal on deduction under section 80IB

 09 June 2011

HC dismissed the appeal against the order of Tribunal on deduction under section 80IB..

Posted in Taxation |   2625 hits

HC dismissed the appeal and protect the order of Tribunal on reassessment under section 147

 09 June 2011

HC dismissed the appeal and protect the order of Tribunal on reassessment under section 147..

Posted in Taxation |   2327 hits

HC allow appellant against the order of Tribunal to upheld the validity of reassessment proceedings

 09 June 2011

HC allow the appellant against the order of Tribunal to upheld the validity of reassessment proceedings..

Posted in Taxation |   2145 hits

HC order against Appellant on allowability of liability of interest on damage in breach of export

 09 June 2011

HC order against Appellant on the allowability of liability of interest on damage in breach of export..

Posted in Taxation |   1961 hits

Delhi HC order under Section 132(5) of the Income Tax Act

 06 June 2011

The Assistant Commissioner of Income Tax, Investigation Circle (20)(1), New Delhi passed order under Section 132(5) of the Income Tax Act (hereinafter referred to as „the Act‟) dated 02.06.1995 declaring that cash found during search as unexplained..

Posted in Taxation |   2461 hits

HC allow the appellant on the question of admissibility of deduction under section 80IB

 06 June 2011

HC allow the appellant and reject the Respondent’s litigation on the question of admissibility of deduction under Section 80IB of the Act...

Posted in Taxation |   2372 hits