INCOME TAX REPORTS (ITR)--PRINT AND ONLINE EDITION
Business expenditure --Condition precedent--Expenditure wholly and exclusively used for business--Amounts paid to employees’ welfare association for construction of kalyanamandapam--Not revenue expenditure but to be treated as donation--Not deductible--Income-tax Act, 1961, s. 37-- CIT v. Shri Vishnu Shankar Mills Ltd. (Mad) . . . 421
Charitable purposes --Charitable trust--Registration--Cancellation of registration--Conditions precedent--Activities of trust not genuine or not according to objects of trust--Some activities not solely charitable--Not a ground for cancellation of registration--Income-tax Act, 1961, s. 12AA-- CIT v. Varanasi Catholic Education Society (All) . . . 401
Income from undisclosed sources --Sale of property--Evidence that amount greater than that mentioned in sale deed had been received--Addition to income justified--Income-tax Act, 1961-- Sri Saleswara Industries v. ITO (Karn) . . . 417
Penalty --Advance tax--Failure to file estimate of advance tax--Reasonable cause--Bona fide belief of loss inasmuch as details of returns of earlier two assessment years available--No improvement in business in months of September and December--Reasonable cause for not revising estimate of advance tax--Income-tax Act, 1961, ss. 209A(4), 273(2)(c)-- J. K. Synthetics Ltd. v. CIT (All) . . . 424
Reassessment --Notice--Validity--Assessment for succeeding assessment years showing unexplained investment in prior year--Notice valid--Income-tax Act, 1961, ss. 147, 148-- Sushrut Institute of Plastic Surgery v. Deputy CIT (All) . . . 406
----Notice--Validity--Failure to issue notice under section 143(2) in original assessment--Notice not invalid--Income-tax Act, 1961, ss. 147, 148-- Sushrut Institute of Plastic Surgery v. Deputy CIT (All) . . . 406
Company --Book profits--Computation--Assessee generating power and using such power in its industrial units--Profits attributable to generation of power--Deductible--Income-tax Act, 1961, ss. 2(13), 115JA-- CIT v. DCM Shriram Consolidated Ltd. . . . 720
Appeal to High Court --Substantial question of law--Jurisdiction--Not an appellate court for reappraisal of facts--Factual findings can be challenged only on ground of perversity or if relevant evidence not considered or irrelevant material relied upon--Block assessment--Additions under section 68 and other additions--Except for remand reports no other details and particulars filed to challenge factual findings--Decision of Commissioner (Appeals) upheld by Tribunal not perverse--Income-tax Act, 1961, ss. 68, 153A, 260A--CIT v. Rama Krishna Jewellers (Delhi) . . . 588
Assessment --Completion of assessment--Intimation under section 143(1)--Not completion of assessment--Assessee entitled to file revised return--Income-tax Act, 1961, s. 143(1)-- Tata Metaliks Ltd. v. CIT (Cal) . . . 643
Business --Difference between setting up and commencement of business--Real estate business--Loan taken and participation in tender for acquisition of land--Business set up--Loss incurred was business loss--Income-tax Act, 1961-- CIT v. Dhoomketu Builders and Development P. Ltd. (Delhi) . . . 680
----Setting up of business--Commencement of business--Interest on borrowed capital--Expenses on travel, statutory fees and audit fees--Setting up of business takes place when business is ready and first steps are taken--Real estate business--Loan taken for business--Expenses allowable--Income-tax Act, 1961, ss. 3, 36(1)(iii), 37-- CIT v. Arcane Developers P. Ltd. (Delhi) . . . 627
Business expenditure --Deduction only on actual payment--Contribution to provident fund, employees’ State insurance and pension funds--Delayed payment of contribution--Amendment to remove difficulty has retrospective effect--Deductible--Income-tax Act, 1961, s. 43B-- CIT v. Ghatge Patil Transports Ltd. (Bom) . . . 749
----Disallowance--Drawings of directors under sales promotion and travelling expenses--Assessing Officer to consider on merits--Matter remanded--Income-tax Act, 1961-- CIT v. V. G. P. Housing (P.) Ltd. (Mad) . . . 565
----Disallowance--Secret commission--Whether particulars of amounts paid as commission are furnished transaction-wise and correlated to turnover--Whether names of recipients furnished in returns or a plea is raised to satisfaction of assessing authority that disclosure of names is detrimental to interests of assessee--Commissioner (Appeals) not addressing requirements--Matter remanded--Income-tax Act, 1961, s. 37(1)-- CIT v. Transport Corporation of India (T & AP) . . . 728
----Land development expenses incurred in cash--Direction of Tribunal that if offer made by assessee more than 10 per cent. incurred in cash disallowance to be restricted to offer--No interference--Income-tax Act, 1961, s. 37-- CIT v. V. G. P. Housing (P.) Ltd. (Mad) . . . 565
----Television channels--Advertising and promotion expenses--Assessee an agent of foreign principal--Whether foreign principal benefiting from advertising by agent in India--Benefits not ascertainable or taxable--Failure to disclose in Form 3CEB that foreign principal benefited not a reason to deny deduction because Form 3CEB covering only international transactions--Deduction not to be denied on ground foreign principal also benefited--Income-tax Act, 1961, s. 37-- CIT v. N. G. C. Network (India) P. Ltd. (Bom) . . . 738
Business loss --Business--Date of setting up of business--Correspondence with well known companies before incorporation--Premises rented out and bank account opened--Employees appointed and tax deducted at source for them--Registration under Shops and Establishments effected--First stage activities--Activities establishing setting up of business by assessee with a commitment to commence business--Business loss allowable--Income-tax Act, 1961, s. 37-- Carefour WC & C India P. Ltd. v. Deputy CIT (Delhi) . . . 692
Capital or revenue expenditure --Expenditure on technical know-how--Royalty--Principle of consistency--Department accepting consistently payments towards royalty as revenue expenditure--No new factory being set up based on technical collaboration agreements--No disallowance--Income-tax Act, 1961, s. 35AB-- CIT v. Hitech Arai Ltd. (Mad) . . . 577
Depreciation --Roads--Rate restricted to 10 per cent.--Justified--Income-tax Act, 1961-- CIT v. V. G. P. Housing (P.) Ltd. (Mad) . . . 565
Exemption --Educational institution--Registration--Cancellation of registration--Whether activities of society not genuine or not being carried out in accordance with objects of society--No satisfaction recorded by Commissioner--Matter remanded--Income-tax Act, 1961, s. 12AA-- CIT v. Sisters of Our Lady of Providence Education Society (All) . . . 662
Export --Special deduction--Excise duty and sales tax--Income from wind mill--To be excluded from total turnover--Income-tax Act, 1961, s. 80HHC-- CIT v. Hitech Arai Ltd. (Mad) . . . 577
----Special deduction--Manufacture and export of jewellery--Manufacture of jewellery for others on job work basis--Integral part of dominant business activity of assessee--Job work charges are in nature of business receipts and form part of operational income--Includible in profits of business--Income-tax Act, 1961, s. 80HHC-- CIT v. Divya Jewellers P. Ltd. (All) . . . 671
Foreign projects --Special deduction--Assessee having more than fifty construction sites in India and abroad--Entitled to deduction in respect of each project instead of netting up of profits from all overseas projects--Income-tax Act, 1961, s. 80HHB-- CIT v. Hindustan Construction Co. Ltd. (Bom) . . . 733
Interest --Interest on refund--Advance tax paid in excess of tax as assessed--Delay in paying--Interest on interest--Interest payable also on such interest as compensation--Income-tax Act, 1961, s. 214-- Sirpur Paper Mills Ltd. v. Joint CIT (AP) . . . 598
Interest on borrowed capital --Interest-free loans to group companies--Similar claim held in favour of assessee in earlier year--No appeal by Department thereagainst--Interest allowable--Income-tax Act, 1961-- CIT v. V. G. P. Housing (P.) Ltd. (Mad) . . . 565
Penalty --Concealment of income--Penalty imposed on basis of addition and disallowances confirmed by Tribunal in quantum proceedings--High Court admitting appeal as involving substantial questions of law--Debatable issue--Penalty not leviable--Income-tax Act, 1961, s. 271(1)(c)-- CIT v. Nayan Builders and Developers (Bom) . . . 722
----Concealment of income--Purchase of property--Understatement of consideration--Statement in response to summons but retraction thereafter--Reference to Departmental Valuation Officer--Estimated value of construction exceeding total consideration reflected by assessee--Estimation of value of land based on price as discovered in an open auction--Reliable indicator--Retraction of statement on ground unwell at that time is an afterthought--Levy of penalty justified--Income-tax Act, 1961, s. 271(1)(c)-- CIT v. Narinder Kr. Budhiraja (Delhi) . . . 709
Reassessment --Notice--Condition that there must be a reason to believe that income has escaped assessment--Notice on ground sale consideration less than value of property for stamp duty--Assessee while computing capital gains adopting circle rate which was higher than sale consideration--No escapement of income--Notice not valid--Income-tax Act, 1961, s. 148-- CIT v. Samraj Krishan Chaudhary (All) . . . 638
----Notice--Deduction of tax at source--Commission and brokerage--Reassessment to disallow expenditure for failure to deduct tax at source--High Court in assessee’s case for subsequent years holding no need to deduct tax at source--Supreme Court dismissing Department’s special leave petition from order of court for subsequent years--No reason to believe that income escaped assessment--Notice not valid--Income-tax Act, 1961, ss. 40(a)(ia), 147, 148, 194H-- Jagran Prakashan Ltd. v. Deputy CIT (All) . . . 687
----Notice after four years--Condition precedent--No specific mention of material facts not disclosed by assessee in original assessment--Notice based on reappreciation of same material on record--Not valid--Income-tax Act, 1961, ss. 147, 148-- Global Signal Cables (India) P. Ltd. v. Deputy CIT (Delhi) . . . 609
----Notice after four years--Condition precedent--Transfer pricing report submitted by assessee clearly mentioning entire process--Assessee categorically stating in original assessment that it undertook coating, polishing, stringing and knotting, etc., of raw beads on job work basis--No failure on part of assessee to disclose truly and fully all material facts necessary for assessment--Reassessment on ground assessee carrying out its activities on job work basis--Reassessment not valid--Income-tax Act, 1961, ss. 147, 148-- Swarovski India P. Ltd. v. Deputy CIT (Delhi) . . . 601
----Notice after four years--Fresh material during assessment proceedings for assessment year 2009-10--Loan taken by assessee for purposes of residential property utilised for purchase of debentures--Reasonable belief that income chargeable to tax has escaped assessment for year 2005-06--Notice valid--Income-tax Act, 1961, s. 148-- Nishith Madanlal Desai v. CIT (Bom) . . . 649
Recovery of tax --Stay of demand--Co-operative society--Whether entitled to special deduction--Guidelines for staying demand issued by CBDT--Binding on income-tax authorities--Decision relied on by assessee not considered--Prima facie case established--If decision said to be applicable to the case of assessee balance of convenience is in its favour--Assessee operating within strict parameters in accordance with State Act and Rules--If entire tax remitted assessee would be put to irreparable hardship--Stay of demand till disposal of appeal--Income-tax Act, 1961, s. 80P(4)-- Katpadi Co-operative Township Ltd. v. Asst. CIT (Mad) . . . 632
Revision --Commissioner--Powers--Assessment of assessee reopened and order of reassessment passed--Commissioner seeking to exercise jurisdiction on issues which were not subject matter of consideration in reassessment but a part of original assessment--Limitation--Limitation to be reckoned from date of order of intimation passed under section 143(1)--Revision on those issues barred by limitation--Income-tax Act, 1961, s. 263-- CIT v. Lark Chemicals Ltd. (Bom) . . . 655
Search and seizure --Block assessment--Undisclosed income--Prohibition on adjustment of unabsorbed loss or carried forward depreciation that spilled over for block period--Loss or depreciation relating to block period can be adjusted or set off--Whether there existed any unabsorbed loss or carried forward depreciation that spilled over block period of assessee--Matter remanded--Income-tax Act, 1961, s. 158BB(4)-- Mahalaxmi Motors Ltd. v. Secretary, ITSC (T & AP) . . . 724
Transfer of case --Several sale transactions in respect of properties situated at Tanjore but no return filed by assessee’s late husband--Return filed by wife at Chennai only after issuance of notice--Failure to appear in response to summons issued by Assessing Officer at Tanjore--Wife not co-operating with Department and avoiding further enquiry--Application by wife for transfer of case from Tanjore to Chennai--Order rejecting application justified--Income-tax Act, 1961, s. 127-- D. V. Mercy v. ITO (Mad) . . . 616
S. 2(13) --Company--Book profits--Computation--Assessee generating power and using such power in its industrial units--Profits attributable to generation of power--Deductible-- CIT v. DCM Shriram Consolidated Ltd. (SC) . . . 720
S. 3 --Business--Setting up of business--Commencement of business--Interest on borrowed capital--Expenses on travel, statutory fees and audit fees--Setting up of business takes place when business is ready and first steps are taken--Real estate business--Loan taken for business--Expenses allowable-- CIT v. Arcane Developers P. Ltd. (Delhi) . . . 627
S. 12AA --Exemption--Educational institution--Registration--Cancellation of registration--Whether activities of society not genuine or not being carried out in accordance with objects of society--No satisfaction recorded by Commissioner--Matter remanded-- CIT v. Sisters of Our Lady of Providence Education Society (All) . . . 662
S. 35AB --Capital or revenue expenditure--Expenditure on technical know-how--Royalty--Principle of consistency--Department accepting consistently payments towards royalty as revenue expenditure--No new factory being set up based on technical collaboration agreements--No disallowance-- CIT v. Hitech Arai Ltd. (Mad) . . . 577
S. 36(1)(iii) --Business--Setting up of business--Commencement of business--Interest on borrowed capital--Expenses on travel, statutory fees and audit fees--Setting up of business takes place when business is ready and first steps are taken--Real estate business--Loan taken for business--Expenses allowable-- CIT v. Arcane Developers P. Ltd. (Delhi) . . . 627
S. 37 --Business--Setting up of business--Commencement of business--Interest on borrowed capital--Expenses on travel, statutory fees and audit fees--Setting up of business takes place when business is ready and first steps are taken--Real estate business--Loan taken for business--Expenses allowable-- CIT v. Arcane Developers P. Ltd. (Delhi) . . . 627
----Business expenditure--Land development expenses incurred in cash--Direction of Tribunal that if offer made by assessee more than 10 per cent. incurred in cash disallowance to be restricted to offer--No interference-- CIT v. V. G. P. Housing (P.) Ltd. (Mad) . . . 565
----Business expenditure--Television channels--Advertising and promotion expenses--Assessee an agent of foreign principal--Whether foreign principal benefiting from advertising by agent in India--Benefits not ascertainable or taxable--Failure to disclose in Form 3CEB that foreign principal benefited not a reason to deny deduction because Form 3CEB covering only international transactions--Deduction not to be denied on ground foreign principal also benefited-- CIT v. N. G. C. Network (India) P. Ltd. (Bom) . . . 738
----Business loss--Business--Date of setting up of business--Correspondence with well known companies before incorporation--Premises rented out and bank account opened--Employees appointed and tax deducted at source for them--Registration under Shops and Establishments effected--First stage activities--Activities establishing setting up of business by assessee with a commitment to commence business--Business loss allowable-- Carefour WC & C India P. Ltd. v. Deputy CIT (Delhi) . . . 692
S. 37(1) --Business expenditure--Disallowance--Secret commission--Whether particulars of amounts paid as commission are furnished transaction-wise and correlated to turnover--Whether names of recipients furnished in returns or a plea is raised to satisfaction of assessing authority that disclosure of names is detrimental to interests of assessee--Commissioner (Appeals) not addressing requirements--Matter remanded-- CIT v. Transport Corporation of India (T & AP) . . . 728
S. 40(a)(ia) --Reassessment--Notice--Deduction of tax at source--Commission and brokerage--Reassessment to disallow expenditure for failure to deduct tax at source--High Court in assessee’s case for subsequent years holding no need to deduct tax at source--Supreme Court dismissing Department’s special leave petition from order of court for subsequent years--No reason to believe that income escaped assessment--Notice not valid-- Jagran Prakashan Ltd. v. Deputy CIT (All) . . . 687
S. 43B --Business expenditure--Deduction only on actual payment--Contribution to provident fund, employees’ State insurance and pension funds--Delayed payment of contribution--Amendment to remove difficulty has retrospective effect--Deductible-- CIT v. Ghatge Patil Transports Ltd. (Bom) . . . 749
S. 68 --Appeal to High Court--Substantial question of law--Jurisdiction--Not an appellate court for reappraisal of facts--Factual findings can be challenged only on ground of perversity or if relevant evidence not considered or irrelevant material relied upon--Block assessment--Additions under section 68 and other additions--Except for remand reports no other details and particulars filed to challenge factual findings--Decision of Commissioner (Appeals) upheld by Tribunal not perverse--CIT v. Rama Krishna Jewellers (Delhi) . . . 588
S. 80HHB --Foreign projects--Special deduction--Assessee having more than fifty construction sites in India and abroad--Entitled to deduction in respect of each project instead of netting up of profits from all overseas projects-- CIT v. Hindustan Construction Co. Ltd. (Bom) . . . 733
S. 80HHC --Export--Special deduction--Excise duty and sales tax--Income from wind mill--To be excluded from total turnover-- CIT v. Hitech Arai Ltd. (Mad) . . . 577
----Export--Special deduction--Manufacture and export of jewellery--Manufacture of jewellery for others on job work basis--Integral part of dominant business activity of assessee--Job work charges are in nature of business receipts and form part of operational income--Includible in profits of business-- CIT v. Divya Jewellers P. Ltd. (All) . . . 671
S. 80P(4) --Recovery of tax--Stay of demand--Co-operative society--Whether entitled to special deduction--Guidelines for staying demand issued by CBDT--Binding on income-tax authorities--Decision relied on by assessee not considered--Prima facie case established--If decision said to be applicable to the case of assessee balance of convenience is in its favour--Assessee operating within strict parameters in accordance with State Act and Rules--If entire tax remitted assessee would be put to irreparable hardship--Stay of demand till disposal of appeal-- Katpadi Co-operative Township Ltd. v. Asst. CIT (Mad) . . . 632
S. 115JA --Company--Book profits--Computation--Assessee generating power and using such power in its industrial units--Profits attributable to generation of power--Deductible-- CIT v. DCM Shriram Consolidated Ltd. (SC) . . . 720
S. 127 --Transfer of case--Several sale transactions in respect of properties situated at Tanjore but no return filed by assessee’s late husband--Return filed by wife at Chennai only after issuance of notice--Failure to appear in response to summons issued by Assessing Officer at Tanjore--Wife not co-operating with Department and avoiding further enquiry--Application by wife for transfer of case from Tanjore to Chennai--Order rejecting application justified-- D. V. Mercy v. ITO (Mad) . . . 616
S. 143(1) --Assessment--Completion of assessment--Intimation under section 143(1)--Not completion of assessment--Assessee entitled to file revised return-- Tata Metaliks Ltd. v. CIT (Cal) . . . 643
S. 147 --Reassessment--Notice--Deduction of tax at source--Commission and brokerage--Reassessment to disallow expenditure for failure to deduct tax at source--High Court in assessee’s case for subsequent years holding no need to deduct tax at source--Supreme Court dismissing Department’s special leave petition from order of court for subsequent years--No reason to believe that income escaped assessment--Notice not valid-- Jagran Prakashan Ltd. v. Deputy CIT (All) . . . 687
----Reassessment--Notice after four years--Condition precedent--No specific mention of material facts not disclosed by assessee in original assessment--Notice based on reappreciation of same material on record--Not valid-- Global Signal Cables (India) P. Ltd. v. Deputy CIT (Delhi) . . . 609
----Reassessment--Notice after four years--Condition precedent--Transfer pricing report submitted by assessee clearly mentioning entire process--Assessee categorically stating in original assessment that it undertook coating, polishing, stringing and knotting, etc., of raw beads on job work basis--No failure on part of assessee to disclose truly and fully all material facts necessary for assessment--Reassessment on ground assessee carrying out its activities on job work basis--Reassessment not valid-- Swarovski India P. Ltd. v. Deputy CIT (Delhi) . . . 601
S. 148 --Reassessment--Notice--Condition that there must be a reason to believe that income has escaped assessment--Notice on ground sale consideration less than value of property for stamp duty--Assessee while computing capital gains adopting circle rate which was higher than sale consideration--No escapement of income--Notice not valid-- CIT v. Samraj Krishan Chaudhary (All) . . . 638
----Reassessment--Notice--Deduction of tax at source--Commission and brokerage--Reassessment to disallow expenditure for failure to deduct tax at source--High Court in assessee’s case for subsequent years holding no need to deduct tax at source--Supreme Court dismissing Department’s special leave petition from order of court for subsequent years--No reason to believe that income escaped assessment--Notice not valid-- Jagran Prakashan Ltd. v. Deputy CIT (All) . . . 687
----Reassessment--Notice after four years--Condition precedent--No specific mention of material facts not disclosed by assessee in original assessment--Notice based on reappreciation of same material on record--Not valid-- Global Signal Cables (India) P. Ltd. v. Deputy CIT (Delhi) . . . 609
----Reassessment--Notice after four years--Condition precedent--Transfer pricing report submitted by assessee clearly mentioning entire process--Assessee categorically stating in original assessment that it undertook coating, polishing, stringing and knotting, etc., of raw beads on job work basis--No failure on part of assessee to disclose truly and fully all material facts necessary for assessment--Reassessment on ground assessee carrying out its activities on job work basis--Reassessment not valid-- Swarovski India P. Ltd. v. Deputy CIT (Delhi) . . . 601
----Reassessment--Notice after four years--Fresh material during assessment proceedings for assessment year 2009-10--Loan taken by assessee for purposes of residential property utilised for purchase of debentures--Reasonable belief that income chargeable to tax has escaped assessment for year 2005-06--Notice valid-- Nishith Madanlal Desai v. CIT (Bom) . . . 649
S. 153A --Appeal to High Court--Substantial question of law--Jurisdiction--Not an appellate court for reappraisal of facts--Factual findings can be challenged only on ground of perversity or if relevant evidence not considered or irrelevant material relied upon--Block assessment--Additions under section 68 and other additions--Except for remand reports no other details and particulars filed to challenge factual findings--Decision of Commissioner (Appeals) upheld by Tribunal not perverse--CIT v. Rama Krishna Jewellers (Delhi) . . . 588
S. 158BB(4) --Search and seizure--Block assessment--Undisclosed income--Prohibition on adjustment of unabsorbed loss or carried forward depreciation that spilled over for block period--Loss or depreciation relating to block period can be adjusted or set off--Whether there existed any unabsorbed loss or carried forward depreciation that spilled over block period of assessee--Matter remanded-- Mahalaxmi Motors Ltd. v. Secretary, ITSC (T & AP) . . . 724
S. 194H --Reassessment--Notice--Deduction of tax at source--Commission and brokerage--Reassessment to disallow expenditure for failure to deduct tax at source--High Court in assessee’s case for subsequent years holding no need to deduct tax at source--Supreme Court dismissing Department’s special leave petition from order of court for subsequent years--No reason to believe that income escaped assessment--Notice not valid-- Jagran Prakashan Ltd. v. Deputy CIT (All) . . . 687
S. 214 --Interest--Interest on refund--Advance tax paid in excess of tax as assessed--Delay in paying--Interest on interest--Interest payable also on such interest as compensation-- Sirpur Paper Mills Ltd. v. Joint CIT (AP) . . . 598
S. 260A --Appeal to High Court--Substantial question of law--Jurisdiction--Not an appellate court for reappraisal of facts--Factual findings can be challenged only on ground of perversity or if relevant evidence not considered or irrelevant material relied upon--Block assessment--Additions under section 68 and other additions--Except for remand reports no other details and particulars filed to challenge factual findings--Decision of Commissioner (Appeals) upheld by Tribunal not perverse--CIT v. Rama Krishna Jewellers (Delhi) . . . 588
S. 263 --Revision--Commissioner--Powers--Assessment of assessee reopened and order of reassessment passed--Commissioner seeking to exercise jurisdiction on issues which were not subject matter of consideration in reassessment but a part of original assessment--Limitation--Limitation to be reckoned from date of order of intimation passed under section 143(1)--Revision on those issues barred by limitation-- CIT v. Lark Chemicals Ltd. (Bom) . . . 655
S. 271(1)(c) --Penalty--Concealment of income--Penalty imposed on basis of addition and disallowances confirmed by Tribunal in quantum proceedings--High Court admitting appeal as involving substantial questions of law--Debatable issue--Penalty not leviable-- CIT v. Nayan Builders and Developers (Bom) . . . 722
----Penalty--Concealment of income--Purchase of property--Understatement of consideration--Statement in response to summons but retraction thereafter--Reference to Departmental Valuation Officer--Estimated value of construction exceeding total consideration reflected by assessee--Estimation of value of land based on price as discovered in an open auction--Reliable indicator--Retraction of statement on ground unwell at that time is an afterthought--Levy of penalty justified-- CIT v. Narinder Kr. Budhiraja (Delhi) . . . 709
GOODS AND SERVICE TAX REPORTS (GSTR) HIGHLIGHTS
F Order containing error apparent on face of record can be rectified : Sri Kajal Kumar Paul v. Customs, Excise and Service Tax Appellate Tribunal (Gauhati) p. 274
F High Court's power of superintendence over subordinate courts and tribunals wide enough to correct error in proceedings pending before it: Sri Kajal Kumar Paul v. Customs, Excise and Service Tax Appellate Tribunal (Gauhati) p. 274
F Opportunity of hearing before suspending or revoking licence of customs house agent not empty formality : Millennium Express Cargo P. Ltd. v. Deputy Commissioner of Customs (Delhi) p. 279
F Penalty can be imposed only when assessee guilty of intending to evade payment of duty : Commissioner of Central Excise v. K. C. Alloys and Steel Castings (P&H) p.288
F Section 127B extends jurisdiction of Settlement Commission to cases to of misdeclaration also : Komal Jain v. Union of India (Delhi) p. 293
F Amount due in law cannot be waived by Settlement Commission : Komal Jain v. Union of India (Delhi) p. 293
F A "case" for purposes of settlement, refers to "any proceeding" without any qualifying factor : Komal Jain v. Union of India (Delhi) p. 293
F Two separate units owned by one company and located on common ground surrounded by common boundary wall but with separate Central excise registration, not one factory : Sintex Industries Ltd. v. Commissioner of Central Excise (Guj) p. 310
FJob workers entitled to claim Modvat credit on capital goods received under leave and licence agreement : Commissioner of Central Excise v. Ilgin Automotive P. Ltd. (Mad) p. 318
F Where payment of duty subjected to challenge before appellate authorities, Appellate Tribunal or courts resulting in reduction of duty, date of such reduction to be reckoned for purpose of charging interest on delayed payment : Raipur Bright Steel and Wire Weld Industries Ltd. v. Union of India (Chhattisgarh) p. 325
F Principle of estoppel : Plea that proceedings initiated without proper cause cannot be re-agitated in another proceedings not originating from original order : J. J. Exporters Ltd. v. Deputy Commissioner of Central Excise (Cal) p. 331
F Where denial of compounding to result in importer facing long trial which ultimately would culminate in imposition of small fine, order denying compounding of offence quashed : Deepesh Mamodiya v. Chief Commissioner of Customs (Cal) p. 335
F Appellate Tribunal to apply mind, analyse and discuss submissions and pass order recording reasons : Commissioner of Central Excise v. JSW Steel Ltd. (Bom) p. 341
F Where Tribunal's order setting aside Commissioner's order without considering facts before it and assigning cogent and satisfactory reasons : Commissioner of Central Excise v. JSW Steel Ltd. (Bom) p. 341
F Where no allegation that assessee had availed of benefit under two exemption after Notification No. 22/1995 came into force, assessee entitled to exemption : Commissioner of Central Excise v. Aruna Straw Boards P. Ltd. (T & AP) p. 347
F No new facts considered nor extraneous matters taken into account in confirming demand, adjudicating officer did not travel beyond scope of show-cause notice : J. K. Paper Mills v. Commissioner of Central Excise, Customs and Service Tax (Trib.-Kolkata) p. 351
F Sale of capital goods, plant and machinery situated inside factory premises for consideration to other unit of assessee situated in same premises, to be construed as "removal" : J. K. Paper Mills v. Commissioner of Central Excise, Customs and Service Tax (Trib.-Kolkata) p. 351
F Absence of suppression of facts or misdeclaration and issue only relating to interpretation of law, penalty not imposable : J. K. Paper Mills v. Commissioner of Central Excise, Customs and Service Tax (Trib.-Kolkata) p. 351
F No detailed finding recorded on disputed facts by adjudicating authority, matter remanded : J. K. Paper Mills v. Commissioner of Central Excise, Customs and Service Tax (Trib.-Kolkata) p. 351
F Notifications :
Central Excise Act, 1944 : Notification under section 2(b) : Appointment of officers in various Directorates : Amendments p. 56
Appointment of officers in various Directorates : Supersession p. 55
Notification under section 37A : Delegation of powers of Central Board of Excise and Customs p. 54, 58
Central Excise Rules, 2002 : Notification under rule 3 : Appointment of officers in various Directorates : Supersession p. 55
Delegation of powers of Central Board of Excise and Customs p. 58
Notification under rule 3(1) : Appointment of officers in various Directorates : Amendments p. 56
Customs Act, 1962 : Notification under section 4(1) : Appointment of officers in Commissioner of Customs : Supersession p. 59
Appointment of officers in Customs (Appeals) : Supersession p. 63
Finance Act, 1994 : Notification under section 65B(55) : Appointment of officers in various Directorates : Supersession p. 55
Notification under section 83 : Delegation of powers of Central Board of Excise and Customs p. 54
Service Tax Rules, 1994 : Notification under rule 3 : Appointment of officers in various Directorates : Supersession p. 55
Delegation of powers of Central Board of Excise and Customs p. 54
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