Tuesday, January 27, 2015

[aaykarbhavan] Judgments and Infomration, C L IG S T R, C L I I T R TRibunal., [1 Attachment]



PFA
Please find herein enclosed an article contributed by me to Taxmann group of publications on 17-01-2015 which is appearing in Taxmann's Corporate Professionals Today at pages 121-126-Issue for the fortnight 16-01-2015 to 31-01-2015. I am glad to inform you that this article was approved by the Editorial Board of Taxmann within 48 hours of submission. I request you to go through this article and send your feedback.
If you want a copy of this issue which runs into 100 pages- this journal contains useful articles contributed by giants in the field of Income-tax and Indirect Taxes- I shall send you a pdf version of this issue.
Regards
S. KRISHNAN
CHARTERED ACCOUNTANT
NO.2, C.V. RAMAN ROAD
ALWARPET
CHENNAI – 600 018
TEL. Nos. (OFFICE) 044- 24671175 TELEFAX 24671437
TEL. No. (RESIDENCE) 044-24988029
MOBILE: 098407- 01449

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


OnLine Edition

Vol. 4

Print Edition

Vol. 37, Part 4, dated 26-1-2015

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


ONLINE EDITION


APPELLATE TRIBUNAL ORDERS



F Where trust registered u/s. 12A, claiming depreciation not amount of double deduction : ITO v. Lamika Educational and Charitable Trust (Chennai) p. 82


PRINT EDITION



APPELLATE TRIBUNAL ORDERS



F Revision : Commissioner : Where assessee accepting claim as typographical error during revision proceedings, setting aside assessment order proper : Bhima Jewellery v. Dy. CIT (Cochin) p. 408 (12-12-2014)

F Precedent : High Court : Where SLP pending before SC, AO bound to follow decision of High Court : Asst. CIT v. Hans Raj Gandhi (Chandigarh) p. 418 (18-11-2014)

F Expenditure incurred on repairs and maintenance, no acquisition of new capital asset, is revenue expenditure : Dy. CIT v. Eicher Motors Ltd. (Delhi) p. 427 (21-11-2014)

F Payment for application software not resulting in creation of new profit-earning apparatus or source of income, revenue expenditure : Dy. CIT v. Eicher Motors Ltd. (Delhi) p. 427 (21-11-2014)

F Payments to contractors for carriage of goods and passengers by any mode of transport other than railways u/s. 194C and not "rent" for hire of plant and machinery u/s. 194-I, penalty cannot be levied : Regional Manager, UPSRTC, (Ghaziabad Deport) v. Dy. CIT (TDS) (Delhi) p. 487 (22-12-2014)

F Search and seizure : Notice issued to assessee pursuant to search not come within preceding six years and to be quashed : R. L. Allied Industries v. ITO (Delhi) p. 507 (28-11-2014)

F Reassessment : Where AO simply reproducing details received from DIT without any verification and examination, notice and reassessment not valid : Monarch Educational Society v. ITO (Delhi) p. 512 (24-11-2014)





COMPANY LAW INSTITUTE OF INDIA PVT. LTD.
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GOODS AND SERVICE TAX REPORTS (GSTR) HIGHLIGHTS


ISSUE DATED 26.1.2015

Volume 30 Part 4


SUPREME COURT
ENGLISH CASES
JOURNAL
NEWS-BRIEFS


HIGH COURT


F Appellate Tribunal can extend stay for period not exceeding 185 days and stay to stand vacated if appeal not disposed of within 365 days : CCE, Customs and Service Tax v. Shree Renuka Sugars Ltd. (Karn) p. 243

F Court cannot entertain belated claims unless tangible explanation offered for approaching it belatedly : Nicolian Bros. v. Union of India (Delhi) p. 252

F Appellate Tribunal can extend stay beyond 365 days only on recording satisfaction that delay in disposing of appeal within 365 days not attributable to assessee : Commissioner v. Small Industries Development Bank of India (Guj) p. 263

F Where entire assets belonging to proprietorship vesting in partnership, partnership cannot escape statutory liability towards payment of duty of erstwhile proprietorship concern : Shree Ganesh Forging Co. v. UOI (No. 1) (Cal) p. 286

F Appellate Tribunal cannot pass order condoning delay of more than prescribed period in absence of any express power to do so : Shree Ganesh Forging Company v. UOI (No. 2) (Cal) p. 290





CESTAT ORDERS


F Exempted export services to be added to export turnover of services for arriving at unutilised service tax credit pertaining to exported service admissible as refund : Quintiles Technologies (India) P. Ltd. v. CST (Trib.-Ahd) p. 245

F Assessee cannot take suo motu credit of reversed credit on conversion of advance licence without concurrence of authorities : Steelco Gujarat Ltd. v. CCE (Trib.-Ahd) p. 297




STATUTES AND NOTIFICATIONS


F C. B. E. C. Circulars :
Circular No. 16/2014-Customs, dated 18th December, 2014-Re-warehousing of goods imported and/or procured indigenously by EOU/EHTP/STP/BTP units-Regarding p. 49

Circular No. 17/2014-Customs, dated 18th December, 2014-Authentication of supply invoice/ARE-3 by the Central Excise Authorities for Claiming Deemed export benefits-Regarding p. 50

Circular No. 19/2014-Customs, dated 31st December, 2014-24 × 7 Customs clearance-Regarding p. 51

Circular No. 991/15/2014-CX, dated 17th December, 2014-Amendment to CESTAT appeal forms-Regarding p. 53

Circular No. 992/16/2014-CX, dated 26th December, 2014-Inclusion of cases filed in Settlement Commission in "call-book"-Regarding p. 55

Circular No. 993/17/2014-CX, dated 5th January, 2015-Mandatory pre-deposit of duty or penalty for filing appeal-Regarding p. 56

F Notifications :
Customs Act, 1962 : Notification under section 14 : Exchange rate of foreign currency for import/export of goods with effect from December 18, 2014 p. 60

Notification under section 14(2) : Rates of basic duty on specified goods : Amendments p. 58

Customs Tariff Act, 1975 : Notification under section 9A(1) and (5) : Anti-dumping duty on import of cable ties from China and Taiwan p. 61



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 "ITR (Trib)" or "GSTR", respectively or "All" if you do not want any Email. ITR : Income Tax Reports, CC : Company Cases, VST : VAT and Service Tax Cases, 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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