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« From the Courts »
 "The debt is the amount receivable by the assessee and not any liability payable by the assessee and, therefore, any provision made towards irrecoverability of the debt cannot be said to be a provision for liability" SC
 Tax dept must accept cos' audited accounts: SC
 The assessment made, without issue and service of notice under section 143(2) of the Income-tax Act, 1961, is without jurisdiction and therefore the same is null and void ab initio and deserves to be annulled
 Liability for TDS - Liability of payer
 ESOP shares allotted by grand parent company - Employer-employee relationship
 Tribunal has not committed any error of law or of jurisdiction in exercising power under sub- section (2) of Section 254 of the Act and in rectifying "mistake apparent from the record". SC
 "Section 80HHC(3) statutorily fixes the quantum of deduction on the basis of a proportion of business profits under the head "profits and gains of business or profession" irrespective of what could strictly be described as profits derived from export" SC
 Tilting Onus U/s 271(1)(c)
 Legal issues arising from the order of Manoj Aggarwal (SB)
 "Penalty to be levied on loss to loss cases, Virtual Soft overrulled" SC

SC: Consumer of capital goods cannot get the excise heading changed to claim Modvat credit
December, 03rd 2007
The Supreme Court observed last week that a consumer of capital goods could not get the excise heading changed to claim Modvat credit after the manufacturer and the excise authorities classified the goods in a different category for tariff.
 
The court, thus, dismissed the appeal of Sarvesh Refractories Ltd against the ruling of the Excise and Service Tax Appellate Tribunal. The firm bought 'loadall', a material handling equipment like a forklift truck or crane, from Escorts JCB Ltd. The cost included the excise duty.
 
The firm then claimed Modvat credit, which was rejected by the authorities. After several appeals, the Supreme Court held that tax authorities were right.
 
 
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