ITR'S TRIBUNAL TAX REPORTS (ITR (Trib)) HIGHLIGHTS
F Where expenditure incurred on construction of international airport not allowed in hands of assessee, penalty not leviable on account of addition u/s. 271(1)(c) : Greater Ludhiana Area Development Authority v. Dy. CIT (Chandigarh) p. 24
F International transactions : ALP : Selection of comparables : Companies having different cost structure, extraordinarily high profit, huge turnover and which require highly professionalised skills not comparable and to be excluded : C3i Support Services P. Ltd. v. Asst. CIT (Hyd) p. 174 (28-5-2014)
F Where disallowance of grant activity not scientific research, failure by Tribunal to consider whether AO followed procedure laid down in section 35(3), mistake, directions to post case for hearing on question : Bharath Biotech International Ltd. v. Dy. CIT (Hyd) p. 191 (30-5-2014)
F Where there was no concealment of particulars of income in relation to expenditure, penalty not attracted u/s. 271(1)(c) : Dy. CIT v. Learning Universe P. Ltd. (Delhi) p. 221 (24-6-2014)
F Accounting : Where failure by AO to bring material showing bogus expenditure or debiting of non-verifiable expenses, rejection of book results not warranted : Century Tiles Ltd. v. Joint CIT (Ahd) p. 230 (9-6-2014)
F Electric installations are part of plant and machinery and entitled to depreciation at rate applicable to plant and machinery : Century Tiles Ltd. v. Joint CIT (Ahd) p. 230 (9-6-2014)
F Where interest due to assessee granted and paid with refund, no question of payment of interest on interest : Dr. B.P. Patel v. Asst. CIT (Cochin) p. 251 (4-7-2014)
F Web and portal charges, revenue in nature, allowable : Dy. CIT v. E. India Biz.Com P. Ltd. (Delhi) p. 265 (2-7-2014)
F Contributions to officers' club and worker's benevolent fund not allowable : LML Ltd. v. Joint CIT (Mumbai) p. 269 (12-5-2014)
F Expenditure in relation to substantial expansion of existing installed capacity, allowable only u/s. 35AB and not u/s. 37 : LML Ltd. v. Joint CIT (Mumbai) p. 269 (12-5-2014)
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On Tuesday, 22 July 2014 7:31 AM, "info@cliofindia.com" <info@cliofindia.com> wrote:
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GOODS AND SERVICE TAX REPORTS (GSTR) HIGHLIGHTS
F Mechanism for refund under section 27 of 1962 Act, not applicable to anti-dumping duty refund claim, per se : Commissioner of Customs v. Chandra Prabhu International Ltd. (Delhi) p. 161
F Only Director General of Foreign Trade or Central Government to exercise power of review under section 16 of 1992 in respect of refund of terminal excise duty : Simplex Infrastructure Ltd. v. Union of India (Delhi) p. 179
F Where delay in filing appeal before Commissioner (Appeals) short and reasons for condonation sufficient, extraordinary jurisdiction under art. 226 exercised : Amitara Industries Ltd. v. Union of India (Guj) p. 186
F Where no extraordinary circumstances preventing assessee from filing appeal in time before Commissioner (Appeals), writ petition dismissed : Vikram Knittex P. Ltd. v. Union of India (Guj) p. 193
F No limitation prescribed under article 226 for filing writ petitions, non est order can be challenged any time : Himgiri Ispat P. Ltd. v. Customs, Excise and Service Tax (Uttarakhand) p. 201
F Dues of assessee cannot be recovered from properties of bona fide purchaser in auction : Himgiri Ispat P. Ltd. v. Customs, Excise and Service Tax (Uttarakhand) p. 201
F Where no suppression of facts with intention to evade payment of duty, demands beyond normal period of limitation barred by time proper : CCE v. Goyal Proteins Ltd. (Raj) p. 205
F Commissioner (Appeals) has power to remand matter to adjudicating authority for fresh decision : Commissioner of Service Tax v. Associated Hotels Ltd. (Guj) p. 213
F No substantive provision under 2003 Act to charge interest for failure to pay additional excise duty : Pabhojan Tea Estate v. Union of India (Gauhati) p. 219
F Where Cenvat credit neither taken nor utilised, assessee not liable to pay interest : CCE and Service Tax v. Bill Forge P. Ltd. (Karn) p. 229
F Reversal of wrongfully availed of credit before its utilisation, interest imposable but not penalty : CCE v. Sundaram Fasteners Ltd. (Mad) p. 245
F Whether assessee given option under rule 96ZO(3) not considered, matter remanded : Kamakhya Steels P. Ltd. v. CCE (All) p. 256
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