Valuation - demand of service tax on security deposit made by tenant - he demand raised in the impugned order is erroneous being made on the refundable security deposit. Such refundable amount cannot form consideration as defined u/s 67.: Service Tax - Valuation - demand of service tax on security deposit made by tenant - he demand raised in the impugned order is erroneous being made on the refundable security deposit. Such refundable amount cannot form consideration as defined u/s 67. - TMI Updates - Highlights ..... .. ... #Highlights #ServiceTax http://dlvr.it/QfWwzN

Disallowance of depreciation on non-compete territory rights - The department sought to disallow the deprecation to the assessee in all these years even without adjudicating the issue on merit at any stage. It is not permissible.: Income Tax - Disallowance of depreciation on non-compete territory rights - The department sought to disallow the deprecation to the assessee in all these years even without adjudicating the issue on merit at any stage. It is not permissible. - TMI Updates - Highlights ..... .. ... #Highlights #IncomeTax http://dlvr.it/QfWqpT

SAD Refund - whether the appellant have committed any illegality in filing the two claims for refund of SAD under Notification No.102/07/CUS, with respect to two separate Bills of Entry, within the same calendar month? - Held No - refund allowed.: Customs - SAD Refund - whether the appellant have committed any illegality in filing the two claims for refund of SAD under Notification No.102/07/CUS, with respect to two separate Bills of Entry, within the same calendar month? - Held No - refund allowed. - TMI Updates - Highlights ..... .. ... #Highlights #Customs http://dlvr.it/QfWnjt

Scrutiny/ regular assessment u/s 143(3) - validity of notice issued u/s 143(2) - Belated claim of refund with interest by making application u/s 119(1)(b)(c) - There is no ambiguity under the law that the scrutiny assessment is to be framed as per the provisions of Section 143 of the Income-tax Act, 1961. The Instruction No. 13/2006 would not override these provisions.: Income Tax - Scrutiny/ regular assessment u/s 143(3) - validity of notice issued u/s 143(2) - Belated claim of refund with interest by making application u/s 119(1)(b)(c) - There is no ambiguity under the law that the scrutiny assessment is to be framed as per the provisions of Section 143 of the Income-tax Act, 1961. The Instruction No. 13/2006 would not override these provisions. - TMI Updates - Highlights ..... .. ... #Highlights #IncomeTax http://dlvr.it/QfWfGn

Cheque bounce case - Prosecution proceedings u/s 138 of the Negotiable Instruments Act - Whether moratorium prohibiting institution of a proceeding as provided for in Section 14 of the Insolvency and Bankruptcy Code, 2006 (hereinafter referred to as Code) applies even to a criminal proceeding - Held no.: Indian Laws - Cheque bounce case - Prosecution proceedings u/s 138 of the Negotiable Instruments Act - Whether moratorium prohibiting institution of a proceeding as provided for in Section 14 of the Insolvency and Bankruptcy Code, 2006 (hereinafter referred to as Code) applies even to a criminal proceeding - Held no. - TMI Updates - Highlights ..... .. ... #Highlights #IndianLaws http://dlvr.it/QfWdBG

Reassessment u/s 147 - Merely because the quantum of income which is finally determined is lower than the amount specified in the reasons, the same cannot be the basis for challenging the initiation of reassessment proceedings U/s 147 of the Act. - However, order set aside on the ground of non-supply of reason to believe so recorded to the assessee.: Income Tax - Reassessment u/s 147 - Merely because the quantum of income which is finally determined is lower than the amount specified in the reasons, the same cannot be the basis for challenging the initiation of reassessment proceedings U/s 147 of the Act. - However, order set aside on the ground of non-supply of reason to believe so recorded to the assessee. - TMI Updates - Highlights ..... .. ... #Highlights #IncomeTax http://dlvr.it/QfWcFM

Works Contract Service - Construction activity - The hostel which was constructed was a girls hostel and hospital which was need of the Jaipur was constructed. - It was not commercial building as per the language used and the activities neither fall under commercial activities nor industrial activities - it is purely a social activity - demand set aside.: Service Tax - Works Contract Service - Construction activity - The hostel which was constructed was a girls hostel and hospital which was need of the Jaipur was constructed. - It was not commercial building as per the language used and the activities neither fall under commercial activities nor industrial activities - it is purely a social activity - demand set aside. - TMI Updates - Highlights ..... .. ... #Highlights #ServiceTax http://dlvr.it/QfWb2s

Obligation to collect Tax at Source (TCS) u/s 206C - sale made to scrap dealers - Since the factum of the purchaser have shown these purchases in their books of account and have paid due taxes while filing of return of income, has not been examined either by the Assessing Officer or by the ld. CIT(A), matter remanded back.: Income Tax - Obligation to collect Tax at Source (TCS) u/s 206C - sale made to scrap dealers - Since the factum of the purchaser have shown these purchases in their books of account and have paid due taxes while filing of return of income, has not been examined either by the Assessing Officer or by the ld. CIT(A), matter remanded back. - TMI Updates - Highlights ..... .. ... #Highlights #IncomeTax http://dlvr.it/QfWZ76

Addition u/s 40(a)(ia) - Failure to deduct TDS on expenditure debited as export charges to the Profit & Loss account - AO directed to verify the nature of payment with the C&F agreement, relevant bills of authenticated transport operators and decide the issue afresh on merits.: Income Tax - Addition u/s 40(a)(ia) - Failure to deduct TDS on expenditure debited as export charges to the Profit & Loss account - AO directed to verify the nature of payment with the C&F agreement, relevant bills of authenticated transport operators and decide the issue afresh on merits. - TMI Updates - Highlights ..... .. ... #Highlights #IncomeTax http://dlvr.it/QfWYGK

Levy of penalty u/s 271(1)(c) - large income admitted in the returns filed u/s. 153A - Had it been there is no search, the assessee would not have disclosed the income in respect of the undisclosed income. Hence, such amounts squarely come within the purview of penalty u/s. 271(1)(c) of the Act.: Income Tax - Levy of penalty u/s 271(1)(c) - large income admitted in the returns filed u/s. 153A - Had it been there is no search, the assessee would not have disclosed the income in respect of the undisclosed income. Hence, such amounts squarely come within the purview of penalty u/s. 271(1)(c) of the Act. - TMI Updates - Highlights ..... .. ... #Highlights #IncomeTax http://dlvr.it/QfWXS9