GOODS AND SERVICE TAX REPORTS (GSTR) HIGHLIGHTS
F Right of appeal and waiver of pre-deposit conferred by statute not to be defeated on basis of circular : PML Industries Ltd. v. CCE . . .83
F Provision conferring jurisdiction on Settlement Commission cannot be construed narrowly : Commission has jurisdiction to deal with goods brought in personal baggage : Commissioner of Customs v. Ashok Kumar Jain . . .120
F Goods neither used for producing nor for processing goods or bringing about any change in substance for manufacture of final products, not capital goods : Upper Ganges Sugar and Industries Ltd. v. CCE . . .131
F Scope of Central Excise Officer's power to summon : Matter of interpretation of document to find out real nature of contract and officer having required documents with him, summons issued to managing director of public company quashed : Sudhir Deoras v. Commissioner of Central Excise and Service Tax . . 137
F Exemption under Notification No. 1/2011-CE available only to manufacturer of coal and not seller : Anmol India Ltd. v. Coal India Ltd. . . . . 148
F Delay of four days in filing appeal by Department condoned : CCE v. Shree Kamakhya Alloys P. Ltd. . . . 157
F C. B. E. C. Circulars :
Circular No. 972/6/2013-Customs, dated 24th July, 2013-Applicable excise duty on sedan cars like Maruti SX4, Honda Civic, Toyota Corolla Altis under Notification No. 12/2013-CE, dated 1st March, 2013-Regarding . . . 38
Circular No. 170/5/2013-ST, dated 8th August, 2013-The Service Tax Voluntary Compliance Encouragement Scheme-Clarifications Regarding . . . 39
Circular No. 26/2013-Customs, dated 19th July, 2013-Standard Unit Quantity Code (UQC)-Regarding . . . 45
Circular No. 27/2013-Customs, dated 1st August, 2013-Harmonised Customs Tariff classification of multifunction devices, referred to as "multifunction speaker system"-Regarding . . . 46
F Regulations :
Courier Imports and Exports (Clearance) Amendment Regulations, 2013 . . . 37
F Rules :
Commodities Transaction Tax Rules, 2013 . . . 21
Service Tax Voluntary Compliance Encouragement Rules, 2013 . . . 32
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INCOME TAX REPORTS (ITR) HIGHLIGHTS
F Interest earned by co-operative societies from third parties not covered by mutuality principle : CIT v. Laksar Co-operative Cane Development Union Ltd. (Uttarakhand) p. 305
F Nothing on record to show how order of AO was erroneous to become prejudicial to Revenue : No disallowance could be made in revision : CIT v. PVP Ventures Ltd. (Mad) p. 307
F C. B. D. T. Circulars/Instructions :
Dated 24th June, 2013-Standardizing the process of filing application under section 10(46) of the Income-tax Act, 1961 p. 14
F Notifications :
Income-tax Act, 1961 : Notification under section 90 : Agreement between the Government of the Republic of India and the Government of the Kingdom of Bahrain for the exchange of information with respect to taxes p. 1
Income-tax Act, 1961 : Notification under section 90 : Convention between the Government of the Republic of India and the Government of the Kingdom of Sweden for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital : Amendment p. 10
Public Provident Fund Act, 1968 : Notification under section 5 : Rate of interest notified p. 16
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ITR'S TRIBUNAL TAX REPORTS (ITR (Trib)) HIGHLIGHTS
F Appeal to Appellate Tribunal : Appeal not maintainable unless specifically provided for u/s. 253 : Sub-registrar Office, Meppayur v. DIT (Intelligence) (Cochin) p. 341
F Charitable purpose : Where evidence on record proved that the objects of assessee were charitable and educational in nature and were genuine, assessee entitled to registration u/s. 12AA and approval u/s. 80G(5) : Babu Ram Education Society v. CIT (Agra) p. 351
F If trading receipts included, assessee could set up token production and start free trading, not applicable to facts of case, assessee entitled to exemption u/s. 10B : GTP Granites Ltd. v. Asst. CIT (Chennai) p. 369
F Where assessee earning interest from FDRs directly incidental to main activities of trust, exemption allowable u/s. 11 : Dy. CIT v. Nehru Prasutika Asptal Samiti (Agra) p. 376
F Where hospital does not satisfy ingredients of section 10(23C)(iiiae), exemption not allowable : Dy. CIT v. Nehru Prasutika Asptal Samiti (Agra) p. 376
F International transactions : ALP : Internal cost plus method more appropriate than external transactional net margin method : ITO v. Alumeco India Extrusion Ltd. (Hyd.) p. 381
F Income :Amount representing advances shown by assessee as "amount due to customer" not income of assessee at point of receipt : Asst. CIT v. IOT Infrastructure and Energy Services Ltd. (Mumbai) p. 406
F Club expenses allowable as business expenditure : Asst. CIT v. IOT Infrastructure and Energy Services Ltd. (Mumbai) p. 406
F Non-resident : Computation of profits attributable to PE : Attributing entire receipts of assessee without allowing cost incurred to earn revenue outside India not proper : Convergys Customer Management Group Inc. v. Asst. DIT (Delhi) p. 443
F Non-resident : Where no acquisition of copyright in software, payment in nature of reimbursement of expenses, not taxable in hands of non-resident : Convergys Customer Management Group Inc. v. Asst. DIT (Delhi) p. 443
F Searching comparables in transfer pricing analysis-Vishal Mishra and Ankur Pastor p. 1
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