Saturday, March 9, 2013

[aaykarbhavan] Fw: Pre-Print Highlights of GSTR from CLI, ITR Tribunal, ITR,



CLI
www.cliofindia.com
info@cliofindia.com

INCOME TAX REPORTS (ITR) HIGHLIGHTS


ISSUE DATED 11-3-2013

Volume 351 Part 3


SUPREME COURT
ENGLISH CASES
CLB
SAT
DRAT
STATUTES
NEWS-BRIEFS
AAR
TRIBUNAL



HIGH COURT JUDGMENTS

F Assessee entitled to benefit under article 12(2) of DTAA between India and Germany : Director of I. T. (International Taxation) v. Chiron Bearing GmbH and Co,. (Bom) p. 115

F Assessee transmitting customized electronic data to its clients entitled to special deduction under section 80HHE : CIT v. Malhar Information Services (Bom) p. 119

F Exemption under section 54B not available to assessee where she had not established land was being used for agricultural purpose for a period of two years prior to date of transfer : Smt. Asha George v. ITO (Ker) p. 123

F Royalty deductible where assessee allowed to use know-how and information : CIT v. Artos Breweries Ltd. (AP) p. 133

F Certificate for deduction at lower rate issued to principal officer of M unit : Assessee not in default merely on ground certificate not issued in name of B unit : CIT v. Parle Biscuits P. Ltd. (P&H) p. 138

F Addition made on basis of statement under section 132(4) justified : Bhagirath Aggarwal v. CIT (Delhi) p. 143

F Estimation of profit element : Tribunal applying twelve and half per cent. justified : CIT v. Sathyanarayan P. Rathi (Guj) p. 150

F Notional loss on account of change in rates of foreign exchange allowable : CIT v. Wipro Finance Ltd. (Karn) p. 153

F Remuneration paid to partners within statutory fixed limit allowable : CIT v. Great City Mfg. Co. (All) p. 156

F Demand stayed pending disposal of appeal before CIT (A) : Deloitte Consulting India P. Ltd. v. Asst. CIT (Bom) p. 160

F No addition as undisclosed income in hands of assessee on ground business belonged to him : CIT v. Kuldeep Sood (Delhi) p. 166

F Power subsidy received from State Government revenue receipt : CIT v. Rassi Cements Ltd. (AP) p. 169

F Genuineness of transaction : Opportunity should be given to assessee to cross-examine disputant : Sri Krishna Educational and Social Trust v. ITO (Mad) p. 178

F Upgrading facilities of college including for purchase of library books and improvement of infrastructure not a ground for denial of exemption : Tolani Education Society v. Deputy Director of I. T. (Exemptions) (Bom) p. 184

F Corporate membership to golf club obtained for running business with a view to produce profit revenue expenditure : CIT v. Groz Beckert Asia Ltd. (P&H) [FB] p. 196

F Warrant of authorisation in names of firm, assessee and his wife valid : Hemendra Ranchhoddas Merchant v. DIT (Investigation) (Bom) p. 206

F Authority entertaining belief that assessee secreted certain documents relevant for purpose of investigation of matter relating to evasion of tax : Assessee cannot stall proceedings on ground of lack of jurisdiction to issue warrant : Dr. P. G. Viswanathan v. Director of I. T. (Investigation) (Mad) p. 217





JOURNAL

F Should gains on sale of carbon credits be liable to income-tax ?-T. N. Pandey, Retd. Chairman, CBDT p. 33

F Utilisation of long-term capital gains, some suggestions-Dr. J. C. Agarwal p. 46

F What the budget could have done ?-S. Rajaratnam, Retd. Member, I. T. A. T. p. 41

COMPANY LAW INSTITUTE OF INDIA PVT. LTD.
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Phone: (044) 24350752 - 55
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CLI
www.cliofindia.com
info@cliofindia.com

ITR'S TRIBUNAL TAX REPORTS (ITR (Trib)) HIGHLIGHTS


ISSUE DATED 11-3-2013

Volume 22 Part 3


SUPREME COURT
HIGH COURTS
ENGLISH CASES
CLB
SAT
DRAT
STATUTES
JOURNAL
NEWS-BRIEF
AAR


APPELLATE TRIBUNAL ORDERS


F Cash credit : Income estimated by AO liable for addition u/s 68 : Asst. CIT v. Mir Mazharuddin (Hyd) P. 314

F Penalty : Where no valid return filed within time, entire income considered as concealed income : T. V. Magaadevan v. Dy. CIT (Chennai) P. 343

F Interest on FDs and bank accounts on surplus funds not derived from assessee's business and to be excluded : Tessitura Monti India P. Ltd. v. ITO (Mumbai) P. 329

F Where department accepting value as value of opening stock in subsequent year, additions not proper : Asst. CIT v. Satish Estate P. Ltd. (Chandigarh) P. 349

F Capital gains : Transfer of development rights to builder by all flat owners not a capital asset, not taxable as no cost of acquisition involved : Asst. CIT v. IGE India Ltd. (Mumbai) P. 365

F Allotment of additional floor space to assessee not assessable as dividend and not taxable : Asst. CIT v. IGE India Ltd. (Chennai) P. 365

F Disallowance of leave encashment invalid and deductible u/s 43B(f) : Eimco Elecon (India) Ltd. v. Addl. CIT (Ahd) P. 380

F Interest on borrowed capital used for business purposes disallowed u/s 14A : Eimco Elecon (India) Ltd. v. Addl. CIT (Ahd) P. 380

F Expenditure on software licence fees deductible u/s 37 : Eimco Elecon (India) Ltd. v. Addl. CIT (Ahd) P. 380

F DRP : Non-speaking order not valid : Panasonic Consumer India P. Ltd. v. Asst. CIT (Delhi) P. 390

F Income : Interest on money borrowed cannot be disallowed u/s 14A : MSA Securities Services P. Ltd. v. Asst. CIT (Chennai) P. 400

F Cash credits : Onus on assessee to prove identity, creditworthiness of creditor, genuineness of transaction not to prove source of creditor : Harish Kawadmal Bajaj v. ITO (Pune) P. 411

F Expenses incurred to protect business assets allowed and depreciation not disallowed on ground of non-user : Kansai Nerolac Paints Ltd. v. Dy. CIT (Mumbai) P. 424

F Deduction of one-tenth of expenditure allowable on expenses incurred on issue of rights shares : Kansai Nerolac Paints Ltd. v. Dy. CIT (Mumbai) P. 424


COMPANY LAW INSTITUTE OF INDIA PVT. LTD.
No. 2, Vaithyaram Street,
T.Nagar, Chennai - 600017.
Phone: (044) 24350752 - 55
Fax: (044) 24322015
info@cliofindia.com
To Unsubscribe : Reply back with "Unsubscribe" in subject followed by the key word "ITR" or "CC" or "VST" or "CCD" or "GSTR" or "ITR (Trib)", respectively or "All" if you do not want any Email. ITR : Income Tax Reports, CC : Company Cases, VST : VAT and Service Tax Cases, CCD : Consolidated Commercial Digest, GSTR : Goods and Service Tax Reports, ITR (Trib) : ITR'S Tribunal Tax Reports. Also send your feedback or comments to info@cliofindia.com
----- Forwarded Message -----
From: "info@cliofindia.com" <info@cliofindia.com>
To: newsletter@cli.in
Sent: Saturday, 9 March 2013 5:37 AM
Subject: Pre-Print Highlights of GSTR from CLI

CLI
www.cliofindia.com
info@cliofindia.com

GOODS AND SERVICE TAX REPORTS (GSTR) HIGHLIGHTS


ISSUE DATED 11.3.2013

Volume 19 Part 1


SUPREME COURT
ENGLISH CASES
JOURNAL
NEWS-BRIEFS


HIGH COURT



F Concurrent finding of direct co-relation of goods manufactured in factory with goods exported ; order granting rebate cannot be interfered with in writ jurisdiction : Commissioner of Customs and Central Excise v. Neel Pigments P. Ltd. . . . 1

F Definition of inputs includes all goods used as paint for manufacture of final product : Commissioner of Customs and Central Excise v. Samtel Color Ltd. (No. 1) . . . 6

F Paint used on shop floor to make hall dust-free incidental and ancillary for manufacture of final product, eligible for Cenvat credit : Commissioner of Customs and Central Excise v. Samtel Color Ltd. (No. 2) . . . 8

F Where assessee claiming benefits under wrong notification not deliberate, assessee not to be penalised : Commissioner of Customs and Central Excise v. Packing India P. Ltd. . . . 12

F Where transportation facility provided from one establishment to another ancillary to main business, assessee not to be taxed as tour operator : Commissioner of Central Excise v. Usha BRECO Ltd. . . 14

F Failure by assessee to comply with mandatory conditions of notification, disentitled to benefit of notification : Shri Krsna Urja Project Ltd. v. Commissioner of Customs and Central Excise . . . 16

F Authority must record reason to believe that goods liable to confiscation secreted for initiating search and seizure operation : Samadhan Steel Traders v. Union of India . . . 17

F No statutory duty cast on authority to grant unlimited adjournments without any basis to enable assessee to approach Settlement Commission : Adani Enterprises Ltd. v. Union of India . . 24

F Where assessee reversing credit of common input used in manufacture of exempted product and bona fide prosecuting matter before court, demand for duty quashed and matter remanded : Shree Rama Multi Tech Ltd. v. Union of India . . . 31

F Change in law providing for reversal of proportionate credit not in force at time of filing appeal, matter remanded : Commissioner of Central Excise v. Burn Standard Co. Ltd. (No. 1) . . . 41

F Question not contested before Appellate Tribunal cannot be raised or considered in appeal : Commissioner of Central Excise v. Burn Standard Co. Ltd. (No. 2) . . . 49

F Where condition for release of confiscated goods harsh and burdensome, condition modified : Zest Aviation P. Ltd. v. Union of India . . . 58


CESTAT ORDERS



F Anti-dumping duty can be imposed based on recommendation of designated authority following principles of natural justice and investigation : Leather Cloth and Plastics Manufacturers' Association v. Union of India . . . 66

F Cenvat credit availed of on imported goods based on certified copies of courier bill of entry permissible : Pramod Telecom P. Ltd. v. Commissioner of Central Excise . . . 80

F Whether assessee crossed threshold limit for exemption pending consideration, matter remanded : Jainsons v. Commissioner of Central Excise . . . 85

F Suture thread used in surgery not instrument or appliance and classifiable under Heading 5306 as flax yarn : C. Natvarlal and Co. v. Commissioner of Customs (Import) . . . 89

F Imported goods classified under wrong category and exemption claimed as matter of belief by assessee, fine in lieu of confiscation and penalty not warranted : C. Natvarlal and Co. v. Commissioner of Customs (Import) . . . 89


STATUTES AND NOTIFICATIONS



F Regulations :

Customs House Agents Licensing Regulations, 2012 . . . 1

Customs House Agents Licensing Regulations, 2013 . . . 2

On-site Post Clearance Audit at the Premises of Importers and Exporters (Amendment) Regulations, 2012 . . . 2

F Notifications :

F Customs Act, 1962 :

Notification under section 14 :

Exchange rate of foreign currency for import/export of goods with effect from 2nd November, 2012 . . . 10

Exchange rate of foreign currency for import/export of goods with effect from 21st December, 2012 . . . 12

Exchange rate of foreign currency for import/export of goods with effect from 4th January, 2013 . . . 13

Exchange rate of foreign currency for import/export of goods with effect from 18th January, 2013 . . . 15

Exchange rate of foreign currency for import/export of goods with effect from 31st January, 2013 . . . 16

Notification under section 14(2) :

Rates of basic customs duty on specified goods : Amendments 3, 4, 5, 6, 8, 9


COMPANY LAW INSTITUTE OF INDIA PVT. LTD.
No. 2, Vaithyaram Street,
T.Nagar, Chennai - 600017.
Phone: (044) 24350752 - 55
Fax: (044) 24322015
info@cliofindia.com
To Unsubscribe : Reply back with "Unsubscribe" in subject followed by the key word "ITR" or "CC" or "VST" or "CCD" or "GSTR" or "ITR (Trib)", respectively or "All" if you do not want any Email. ITR : Income Tax Reports, CC : Company Cases, VST : VAT and Service Tax Cases, CCD : Consolidated Commercial Digest, GSTR : Goods and Service Tax Reports, ITR (Trib) : ITR'S Tribunal Tax Reports. Also send your feedback or comments to info@cliofindia.com




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