Thursday, August 20, 2015

[aaykarbhavan] Judgments and Infomration





1
M/s. Aruna Constructions Versus Commissioner of Central Excise and Service Tax
Whether the Tribunal can decide the application for waiver of pre-deposit without having a statement of undue hardship, which is concomitant to exercise the jurisdiction - Held that:- unless the application is made pleading undue hardship the same cannot be entertained, not to speak of passing any order either adversely or beneficially. This sort of exercise is without jurisdiction. - the impugned judgment and order of the learned Tribunal is set aside and also dismiss the application made - it .....
2
Bharath Sanchar Nigam Limited (Mobile Services) Versus The Commissioner Of Central Excise, Customs And Service Tax
Adjournment request - tribunal refused to adjourn the hearing and dismissed the appeal - Condonation of delay - elay of 185 days - Held that:- Counsel for the appellant was unable to appear on that date, Annexure-B adjournment petition dated 14/11/2013 was sent and the same was received by the Registry of the Tribunal on 17/1/2014. It is further stated that they had also sent an E- mail on 18/1/2014, a copy of which is Annexure-B2, requesting the Tribunal for an adjournment - when such requests.....
3
Mind Edutainment Pvt. Ltd. Versus CST, New Delhi
Refund claim for tax deposited erroneously - unjust enrichment - Commercial Training & Coaching Services - Exemption under Notification No.25/12-ST dated 20.6.2012 - whether the refund claim is hit by the bar of unjust enrichment - Held that:- agreement stipulates the value inclusive of taxes. The invoices issued also indicate that amount collected is inclusive of service tax. Undeniably the presumption under section 12B is raised that the incidence of tax is passed on to the customer. In such c.....
4
Capgemini India Pvt. Ltd. Versus Commissioner of Service Tax, Mumbai
Denial of refund claim - Export of service / software to sister units - Refund of unutilized CENVAT Credit - Adjudicating authority came to a conclusion that the export invoice under which the services are claimed to be exported is not in conformity with the provisions of Rule 4A of Cenvat Credit Rules, 2004 and hence it is not possible to ascertain the exact classification of the services which is said to be exported by them - Held that:- Rule 3 of Export of Service Rules, 2005 specifically in.....
5
Trimurti Octroi Company Versus Commissioner of Central Excise, Mumbai
Business Auxiliary Service - Section 65 (19) of the Finance Act, 1994 - assistance to clients in payment of octroi and complying with the provisions of BMC Act - Held that:- Mere reading of the invoices and the challans by the appellant, (the octroi agent) for the purpose of filling up the form and obtaining clearance at the check post, does not amounts to dealing with or handling the documents of title. One can in the normal commercial term "dealing with the title" is possible when a person hav.....
6
M/s. Vodafone South Ltd. Versus C.C.E. & S.T. -Chandigarh-II
Denial of CENVAT Credit - whether "Training/guesthouse maintenance" services provided to the appellant by M/s J & G Corporate Solution would qualify as input service for availing Cenvat credit - the appellant did not produce the copy of the agreement with J & G Corporate Solutions (P) Ltd - Held that:- Guesthouse maintenance service qualifies for input service credit if such services are related to the business activity of the assessee. In the present case, the appellants are engaged in renderin.....
7
M/s Amrit Banaspati Company Ltd. Versus State of Punjab and Others
Assessment of Tax u/s 29(2) of Punjab Value Added Tax, 2005 - Constitutional validity of amendment to section 29 - Extension of Assessment period – Whether the amendment is clarifificary in nature and retrospective or substantive and prospective - Petitioner contends that under unamended Section 29(4), assessment would have been barred by limitation as three years had elapsed after filing of annual statement whereas if amendment was held to have retrospective effect it would not be barred by lim.....
8
Al Ahali Business Trade Link (P) Ltd. Versus State of Kerala
Payment of Tax at compounding rate – Rejection of benefit due to Shifting of place of business – Application was filed for payment of tax at compounding rate during which period business premises was shifted – Kerala Value Added Tax Act, 2003 – Held that:- Reasons enumerated in section 8 were only illustrative and not exhaustive –Section 8(f)(i) provides option for dealer in ornaments or articles of gold, silver, platinum group metals to pay tax at compounding rate instead' of paying tax in ac.....
9
Shree B.R. Steels Versus Additional Commissioner of Commercial Tax, Raipur and others
Reassessment - levy of entry tax - Respondents in original assessment, did not impose tax in matter of purchase of MS steel scrap from seller, who did not make any endorsement that said goods were local goods and not tax paid – Later respondent authorities issued notices under section 28(1) Commercial Tax Act, 1994 and imposed penalty for escaping assessment – Held that:- Admitted that petitioner purchased M. S. steel scrap and while selling those goods, petitioner did not declare goods as local.....
10
M/s. Maan Aluminium Ltd. Versus Commissioner of Central Excise, Indore
Clandestine removal of goods - Seizure of unaccounted goods - Confessional statements - Held that:- from the reading of the statements of Mr. Deepak Das and Mr. J. C. Mansukhani that this aspect is explained in abundance by them in their statements. After reading the statement of these two persons, we find that no such admission was made by them, as recorded in the order of the CESTAT which is extracted above. Mr. Deepak Das had only stated that "In export dies, catalogue weight should be always.....
11
M/s. Madhu Silica Pvt. Limited, Shri Darshak R Shah Versus Commissioner of Central Excise & S.T., Bhavnagar
100% EOU - Payment of duty on DTA clearance under Sr. no. 3 of the notification 23/2003 CE dated 31.3.2003 - Procurement of inputs from DTA whereas suppliers were availing deemed export benefits - appellant never stated that they were aware that any supplier of inputs was availing the benefit of Para 8.3 (a) and (b) of the FTP - Invocation of extended period of limitation - Held that:- In view of these amendments carried out in Notification No. 23/2003-CE rate of duty, as per Serial No. 2 of the.....
12
M/s Dhariwal Industries Ltd. Versus Commissioner, Central Excise & Service Tax, Vadodara-I
Denial of refund claim - Reopening of factory after Closure and surrender of registration certificate - manufacture of Gutkha and Pan Masala - Abatement of duty - The Appellants filed a refund claim of duty on 29.06.2011 on pro-rata basis of the duty paid during period of closure of their factory for 6 days - Held that:- Appellants had given intimation to the Assistant Commissioner of Central Excise that they closed down their factory due to the notification issued by the Ministry of Environment.....
13
M/s. Aero Industries Versus Commissioner Of Central Excise, Vapi
Classification of goods - Classification of Baygon Mosquito Specialist - Held that:- product of the appellant herein known as "Baygon Mosquito Specialist" is covered by Serial No. 37 (i.e., 'Mosquito coils, mats and other mosquito repellants') of Notification No.9/2000 CE (NT) dated 01.03.2000. Since this Notification is issued under Section 4A of the Central Excise Act, 1944, the Revenue rightly assessed the excise duty under the aforesaid provision - order of tribunal [2004 (6) TMI 13 - CESTAT, MUMBAI] confirmed - Decided against assessee.
14
COMMR. OF C. EX., CHANDIGARH Versus NEW INDIA DYEING & FINISHING MILLS
Clandestine removal of goods - Maintainability of appeal - Held that:- appeal against the order of the Customs, Excise and Service Tax Appellate Tribunal will lie to the High Court under Section 35G of the Central Excise Act and not to this Court - Decided against Revenue.
15
Commissioner Versus Ranjeev Alloys Ltd.
Determination if annual capacity of production - Whether the assessees herein who are iron and steel rolling mills which have exercised the option of availing of procedure prescribed under Rule 96ZO(3) for determination of their annual capacity of production under the compounded levy scheme, can opt out of the scheme and claim the benefit of determination of production under Section 3A(4) of the Central Excise Act - Supreme Court declined to deal with the issue where only the remand order was ma.....
16
Commissioner Versus Rajdoot Paints
SSI Exemption - Clubbing of clearances - Valuation - Depot sale price - Sepreme Court declined to interfere with the order of Tribunal [2004 (1) TMI 534 - CESTAT, new delhi] wherein Tribunal has remanded the matter to Commissioner for fresh adjudication.
17
Commissioner Versus Viacom Electronics Pvt. Ltd.
Countervailing duty - Exemption - TV sets - Held that:- Case is covered by the judgment of this Court in Thermax Pvt. Ltd. v. Collector of Customs reported in [1992 (8) TMI 156 - SUPREME COURT OF INDIA] which is rightly relied upon by the Tribunal [2003 (6) TMI 260 - CESTAT, MUMBAI]. - Decided against Revenue.
18
The Commissioner of Customs, Trichy Versus Chettinad Cement Corporation Ltd., Customs, Excise and Service Tax Appellate Tribunal
Waiver of Pre-Deposit – Appeal against Reference – Adjudicating authority passed orders imposing duty for importing bituminous coal in name of steam coal – While adjudicating appeal against said order tribunal referred three issues for consideration of Larger Bench under section 130A and granted complete waiver of pre-deposit condition, till disposal of appeals – Whether impugned order of tribunal was justified – Held that:- it was clear from scheme of Act that unless person was aggrieved by ord.....
19
PRIME MINERAL EXPORTS PVT. LTD. Versus COMMR. OF CUS., C. EX. & SERVICE TAX
Concessional Rate of duty – Export of ROM (Mixture of Iron Ore Fines and Lumps) - Benefit of Notification No. 62/2007 – Appellant lodged claim for refund seeking benefit under Notification No. 62/2007-Cus. whereby concessional rate of duty was allowed in respect of iron ore fines – Said claim was rejected by adjudicating authority and rejection was upheld by Commissioner – CESTAT also maintained order of Commissioner (Appeals) – Held that:- commodities exported were declared in shipping bills as.....
20
M/s. D.V.R. Freight Forwarders Pvt. Ltd., Shri R. Saravana Kumar Versus The Commissioner of Customs (Seaport-Import) , The Inquiry Officer/ Deputy Commissioner of Customs
Suspension of CHA License – Non-Compliance of Regulation, 2013 – Respondent-1 suspended licence of petitioners by invoking Regulation 19(1) of Regulations, 2013 on alleged involvement of petitioner in evasion of duty by various importers – Thereafter, show cause notice was issued proposing to revoke licence of petitioner under provisions of Regulation 18 – Vide impugned order licence of petitioner was revoked and forfeiture of amount of security deposit was ordered – Held that:- Admittedly petit.....
21
TATA TELESERVICES LTD. Versus UNION OF INDIA
Fulfilment of export obligation – Group Company – Export Promotion Capital Goods Scheme – Petitioners alleged that benefit of utilization of excess exports of group company in computation of export obligation was, granted to EPCG License holder –Respondent No. 2 considered case of Petitioners as group company in accordance with paragraph 9.28 of FTP was rejected by observing that M/s. Tin Plate India Ltd. and Petitioners were not group company – Held that:- Policy Interpretation Committee obser.....
22
SJK Steel Plant Ltd. Versus Commissioner
Levy of Special additional Duty - Tribunal vide impugned order reported in [2005 (12) TMI 181 - CESTAT, BANGALORE] upheld order of commissioner confirming imposition of Special Additional Duty while relying upon ratio of Apex court in LML LTD. Versus COLLECTOR OF CENTRAL EXCISE, KANPUR [2002 (3) TMI 49 - SUPREME COURT OF INDIA](SAD) - Supreme court, in current case, after hearing counsel appearing for parties found no error in impugned judgments of Tribunal - Therefore appeals were accordingly, dismissed.
23
Commissioner Versus Sanghi Polysters Ltd.
Anti-Dumping duty - Rate as applicable to other exporters - Tribunal by impugned order reported in [2002 (8) TMI 232 - CEGAT, CHENNAI] held that documents were very clear that item originated from Korea and manufacturer Kohap Petrochemical Corporation - Duty fixed as ₹ 1130 which should be actual duty and not rate of duty as fixed on 'any other exporter' - Supreme court giving regards to nominal tax effect, dismissed appeal.
24
Hemant Kothari and Others Versus Adjudicating Officer, Mumbai
Violation of acquisition of shares/voting rights – By adjudication order of SEBI, penalty was imposed upon appellants for violating Regulation 10 of Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 read with Regulation 35 of SAST Regulations, 2011 – Held that:- Admittedly appellants acquired shares in excess of limit prescribed under Regulation 10 of SAST Regulations, 1997 and no steps were made to open offer in accordance with Regulation.....
25
Sundeep Kumar Bafna Versus State Of Maharashtra & Anr
Bail Application - Section 437 & 439 of the Code of Criminal Procedure - Jurisdiction of High Court to grant bail - Held that:- It cannot be over-emphasised that the discipline demanded by a precedent or the disqualification or diminution of a decision on the application of the per incuriam rule is of great importance, since without it, certainty of law, consistency of rulings and comity of Courts would become a costly casualty. A decision or judgment can be per incuriam any provision in a statu.....
26
Goa Foundation Versus Union of India & Ors.
Termination of the mining leases of lessees involved in mining - violation of the Forest (Conservation) Act, 1980, the Mines and Minerals (Regulation and Development) Act, 1957, the Mineral Concessions Rules, 1960, the Environment (Protection) Act, 1986, the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 as well as the Wild Life (Protection) Act, 1972 - Held that:- As the State Government of Goa has taken a stand that no action wil.....
27
P.C. Patel And Company Versus Deputy CIT, Gandhidham Circle
Validity of reopening of assessment - Held that:- even while sending the proposal/proforma report to the higher authority to grant approval for reopening the assessment, the Assessing Officer continued to maintain that the audit objection raised by the audit party is not acceptable and only with a view to protect the revenue and/or safeguards the interest of the revenue, it was proposed to reopen the assessment under section 147 of the Act. There is no independent formation of opinion by the Ass.....
28
Pareshbhai Hasmukhbhai Thakkar Versus Assistant Commissioner of Income Tax
Reopening of assessment - petitioner assessee was not entitled to the deduction under Section 80IB(10) - Held that:- While finalizing original assessment under Section 143(3) of the Act, the AO along with notice under Section 142(1) of the Act sent questionnaire to the petitioner, more particularly, with respect to deduction claimed under Section 80IB of the Act by the assessee and to which petitioner assessee supplied necessary details as required by the AO and only thereafter when the AO allow.....
29
DY. CIT (ASSTT Versus HARI ORGOCHEM PVT. LTD.
Exclusion of interest income for the purpose of computing the deduction u/s 32AB - Held that:- The assessee was compelled to park a part of its funds in fixed deposits under the insistence of the financial institutions. On such funds, the assessee received interest. Such income cannot be treated as income from other sources and must be seen as part of the assessee's business of manufacturing and selling of chemicals. The decision of the Apex Court in the case of Pandian Chemicals Ltd. (2003 (4) .....
30
The Commissioner of Income Tax-V, Pune Versus Pudumjee Pulp & Paper Mills Ltd.
Disallowance of amount written off on account of bad intercorporate deposits (ICD) - Tribunal deleting the disallowance - whether assessee is neither in the business of banking or moneylending de hors the provisions of Sec. 36(1)(vii) - Held that:- Respondent-Assesee had during the earlier Assessment Years offered to tax an amount of ₹ 42.65 lakhs received as interest on the deposit made with M/s. GSB Capital Market Ltd. The Appellant had since Assessment Year 1998-99 claimed an amount of .....
31
Commissioner of Income Tax Versus Bharat Hotels Limited
Interest expenditure incurred in relation to construction of various hotel projects - revenue v/s capital expenditure - Held that:- In Deputy Commissioner of Income-Tax v. Core Health Care Ltd. 2008 (2) TMI 8 - SUPREME COURT OF INDIA] the Supreme Court came to the conclusion that Explanation 8 of Section 43(1) only applied to provisions like "Sections 32, 32A, 33 and 41 which deal with concepts like depreciation." It was observed that Explanation 8 of Section 43 (1) had no relevance to Section .....
32
American School of Bombay Education Trust (Through Its Trustees) & Others Versus Union of India & Others
Exemption under Section 10 (23C)(vi) denied - whether we remit the matter to the CBDT once again for it to decide the question of approval or on the basis of available material, we direct the CBDT to grant the approval? - Held that:- In Digember Jain Society (Supra) this court had in fact issued a mandamus directing the revenue to grant exemption to the petitioner therein under Section 10(23C)(vi) of the said Act. The court, while doing so, also directed that the concerned authority would be fre.....
33
The Commissioner of Income Tax-8, Mumbai Versus M/s. Solix Technologies Pvt. Ltd.
Entitlement to the benefit of Section 10A - ITAT allowed claim - Held that:- The impugned order of ITAT has merely followed the order of this Court in Western Outdoor and Paul Brothers [2012 (8) TMI 709 - BOMBAY HIGH COURT] in holding that in the absence of withdrawal of benefit of the first year, the benefit cannot be disallowed in subsequent Assessment years. Therefore no fault can be found with the impugned order. - Decided in favour of assessee.
34
NATIONAL AGRICULTURAL CO-OPERATIVE MARKETING FEDERATION OF INDIA LTD. Versus ASSISTANT COMMISSIONER OF INCOME TAX-CIRCLE 32 (1)
Reopening of assessment - Held that:- Initiating the re-assessment proceedings by virtue of the notice dated 02.02.2010 issued under Section 148 of the Income Tax Act, 1961 does not survive. Therefore, we are disposing of this writ petition with liberty to both sides to seek revival in case the need arises. We make it clear that in case it is ultimately held in favour of the revenue, then the revenue shall be entitled to revive its proceedings pursuant to the notice under Section 148 of the said.....
35
M/s. Satkar Fincap Ltd Versus ACIT, Central Circle 21, New Delhi.
Validity of assessment u/s 153C - Held that:- On a reading of Section 153A and 153C the exercise that is required to be done by the AO has been spelt out by the Coordinate Bench of this Tribunal in the case of DSL Properties Pvt. Ltd. Vs. DCIT [2013 (9) TMI 123 - ITAT DELHI] has held that if the Assessing Officer is assessing the person searched as well as other person whose assets, books of account or documents were found at the time of search, then also, first while making the assessment in th.....
36
PVS Multiplex (India) Ltd Versus Commissioner of Income Tax, Meerut.
Revision u/s 263 - interest free advances and proportionate disallowance of interest - Held that:- Assessing Officer conduct the assessment proceeding and passed impugned assessment order accepting the return of income of the assessee we clearly observe that the Assessing Officer has not made inquiry on the issue of interest free advances and proportionate disallowance of interest thereon, on the issue of verification on TDS and on the claim and calculation of the assessee for the purpose of ded.....
37
M/s. Multitech Software Systems India Pvt. Ltd. Versus Assistant Commissioner of Income Tax, Circle 12 (1) , Bangalore.
Transfer pricing adjustment - Computation of Deduction u/s.10A - Held that:- The Hon'ble High Court of Karnataka in the case of Tata Elxsi Ltd. (2011 (8) TMI 782 - KARNATAKA HIGH COURT) has held that while computing the deduction under section 10A of the Act, if the export turnover in the numerator is to be arrived at after excluding certain expenditure, then the same expenditure should also be excluded from the total turnover also. Respectfully following the same, we dismiss this ground of reve.....
38
ACIT, Central Circle-21, New Delhi. Versus Shivaansh Advertising & Publications Pvt. Ltd. and Vica-Versa
Validity of assessment u/s 153C - Held that:- On a reading of Section 153A and 153C the exercise that is required to be done by the AO has been spelt out by the Coordinate Bench of this Tribunal in the case of DSL Properties Pvt. Ltd. Vs. DCIT [2013 (9) TMI 123 - ITAT DELHI] has held that if the Assessing Officer is assessing the person searched as well as other person whose assets, books of account or documents were found at the time of search, then also, first while making the assessment in th.....
39
DCIT, Central Circle-21, New Delhi Versus M/s Satkar Roadlines Pvt. Ltd.
Validity of assessment proceedings u/s. 153C - Assessment of income of any other person - Held that:- On a reading of Section 153A and 153C the exercise that is required to be done by the AO has been spelt out by the Coordinate Bench of this Tribunal in the case of DSL Properties Pvt. Ltd. Vs. DCIT [2013 (9) TMI 123 - ITAT DELHI] has held that if the Assessing Officer is assessing the person searched as well as other person whose assets, books of account or documents were found at the time of se.....
40
Friends of WWB India Versus The Director of Income Tax (Exemption)
Registration u/s 12AA(3) cancelled - assessee-trust donated a sum of ₹ 45 crores to another trust that is also engaged in the similar activity, thus this Act of trust tantamount to siphoning of the public money - Held that:- In the case in hand, the assessee-trust has demonstrated that the activities are being carried out as per objects o the trust and being assessed under the relevant provisions of Act. It is not in dispute that the registration u/s.12AA of the Act was granted vide letter.....
41
ACIT, Circle 12 (1) , New Delhi Versus HT Media Ltd. and vice- versa
Disallowance under section 14A - whether proportionate disallowance out of interest is not to be made by ignoring the fact that though investments were made in the immediately preceding assessment year out of interest bearing funds? - Held that:- Assessment year under consideration is 2006-07 and, hence, rule 8D cannot be applied for making disallowance under section 14A of the Act. Our view is fortified by the judgment of Maxopp Investment Ltd. v. CIT [2011 (11) TMI 267 - Delhi High Court] wher.....
42
DCIT – (2) , Mumbai Versus Popley Diamond and Gold Plaza Pvt Ltd
Reopening of assessment - compensation received by the assessee of ₹ 3 lakhs is inadequate and the provisions of section 23(1)(a) should be invoked and the income received by the assessee should be assessed as income from house property instead of business income - Held that:- As from the "reasons recorded", we find that there is no material change in the reasons and grounds taken for reopening the case as has been recorded in the earlier years, inasmuch as in this year also the Assessing .....
43
Sri Dinakara Suvarna Versus The Deputy Commissioner of Income Tax, Central Circle, Mangalore.
Estimation of 8% profit on disclosed contract receipts - additional income on account of entries found in the diary seized in the search of Mr.Ashok Kumar Chowta - Held that:- As far as disclosed contract receipts in the books of account are concerned, as already stated, the addition was made only on the basis of statement recorded at the time of survey. The books of account have not been rejected by the AO u/s. 145 of the Act. In such circumstances, we are of the view that the estimation of pro.....
44
Malineni Babulu (HUF) Versus Income Tax Officer, Ward-I, GUDUR
Revision u/s 263 - Revenue filled cross appeals against orders of revision - Held that:- The provisions of the Act does not provide for filing of Cross Objection against the order passed U/s. 263. It is trite law that no appeal is maintainable unless the statute expressly provides for the same. Keeping in view of this settled legal position, we hold that the Cross Objections filed by Revenue are not at all maintainable, hence dismissed as such. - Decided against revenue

Directions of .....
45
Vaibhavi Discretionary Family Trust (Def. Corpus) and C/o Seventilal N. Shah & Co. and others Versus Income Tax Officer-12 (2) (1) , Mumbai
Allowability of interest on refunds due and paid to the assessee - eligibility for interest on interest - the assessee was deferred corpus and was beneficiary of M/s. K. Kachradas Patel Specific Family Trust deriving @5% accumulated beneficiary share, as per Schedule-II attached and forming part of the Trust Deed - Held that:- The assessee in the present case had moved an application under section 154 of the Act for granting of interest on refunds due to the assessee under the provisions of sect.....
46
M/s. Unisys India Private Ltd. Versus The Deputy Commissioner of Income Tax, Circle 12 (5) , Bangalore.
Transfer Pricing adjustment - software development services segment - selection of comparable - Held that:- We direct Infosys Technologies Ltd. be excluded from the final list of comparable companies chosen by the TPO the reason being that the latter is giant in the area of development of software and it assumes all risks, leading to higher profit. See Agnity India Technologies Pvt. Ltd. v. ITO [2010 (11) TMI 852 - ITAT DELHI] confirmed by HC [2013 (7) TMI 696 - DELHI HIGH COURT]

Sat.....
47
The Assistant Commissioner of Income-tax, Circle-2 (1) Versus Shri Inis Varghese Maliekkal, Irene Jewellers,
Adoption of value of gold jewellery - Revenue raised the ground with regard to non-adoption of value of 30,000 gms. of gold at the average rate as on 01/04/2008 and 31/03/2009 (i.e. ₹ 10892/- per 10 gms) as per the provision of sec. 69A - Held that:- It is a settled proposition that whenever gold articles are recovered from the assessee, unless there is cogent evidence adduced by the assessee regarding the date on which it was acquired, it should be presumed that the articles belonged to t.....
48
Mr. Kenneth D'sousa (legal Heir of Mr. Lancelot Norman D'sousa) Versus Addl. Commissioner of IncomeTax, Range – 19 (3) , Mumbai
Gains arising from sale of shares - chargeable under the head "Profit and gains of business or profession" instead of "Capital gains" - Held that:- Once the assessee himself had returned the loss in share transactions as business loss so that he may seek set off against the income from share transactions in future assessment years, he at this stage cannot be allowed to claim himself as an investor, only because the benefits to him for treated like that. The decision of the Hon'ble Bombay High Co.....
49
Income Tax Officer Ward 3 (2) Hyderabad Versus M/s. Vanaja Rao Quick Marriages Private Ltd.
TDS u/s 194C - publishing advertisements in the newspapers - Held that:- The assessee has debited expenditure under the head "advertisement" for an amount of ₹ 19,47,817, out of which ₹ 2,47,731 was paid to the electronic media. The assessee on its own admission stated that payments to three electronic medias to the extent of ₹ 1,80,600 attract deduction of tax u/s 194C. The assessee's stand that it acted as an agent to its customers and that there is no contractual relation wi.....
50
Inox India Ltd. ABS Towers Versus The DCIT Circle1 (2) , Baroda
Entitlement to exemption under section 10B - Held that:- It has to be seen that assessee is bringing foreign exchange into India as a result of its export. The argument of the assessee is that other concerns to whom assessee has sold its product in India are bringing convertible foreign exchange in India through export of their product contained in the containers manufactured by the assessee. Thus products of the assessee in fact are exported by the other concerns and convertible foreign exchang.....
51
Mukesh Kumar Tyagi C/o, Dr. Naresh Kumar Tyagi, S/o, Shri Begh Raj Tyagi, Versus ITO Ward-25 (4) , New Delhi
Addition u/s 68 - CIT(A) deleted addition - Held that:- AO wrongly considered the whole of the loans pertaining to the earlier as well as the year under consideration amounting to ₹ 31,87,902/- as not verifiable. Later on, he rectified the mistake and considered the creditors of ₹ 25,46,685/- as unverifiable and made the addition u/s 68 of the Act. The assessee due to illness could not produce the evidences before the AO however the same were furnished in the form of confirmation alo.....
52
Niyaz Ahmed Ansari, Versus The State of Maharashtra,
Delay in issuance the detention orders – Validity of proceedings under COFEPOSA Act – Petitioner was detained on grounds of possessing 12 gold bars without declaration – All goods were confiscated and detenu was taken into arrest – It was alleged by petitioner that inordinate delay of seven months in issuing detention order was not satisfactorily explained by respondent – Held that:- After considering facts, it was evident that delay in issuing detention order has occurred at every stage – Neith.....
53
Commissioner of Central Excise, Delhi Versus Brew Force Machine Pvt. Ltd.
Power of Tribunal to extend stay beyond the period of 365 days - Application of Maruti Suzuki (India) Ltd. [2014 (2) TMI 1037 - DELHI HIGH COURT] delivered in case of Income tax on Section 35C(2A) of Central Excise - Held that:- legislature had by Finance Act, 2008 inserted the words 'even if the delay in disposing of the appeal is not attributable to the assessee' in the third proviso to Section 254 (2A) of the IT Act, but no such amendment or substitution was made in Section 35C (2A) of the CE.....
54
Bajaj Motors Ltd. Versus Commissioner of Central Excise, Delhi-III
Denial of CENVAT Credit - manpower recruitment service and outdoor catering service - Held that:- manpower recruitment agency mentioned in the invoice instead of man power recruitment service, input service cannot be denied on this ground. Accordingly, the impugned order is set aside.

As per amended statute with effect from 1.4.2011, outdoor catering service has been excluded from the definition of input service. Appellant is not entitled to take input service credit on outdoor cater.....
55
Commissioner Versus Encore Natural Polymers Pvt. Ltd.
CENVAT CRedit - Whether the respondent is eligible for cenvat credit of service tax paid on services used exclusively for fulfilling various procedures/ requirements for export of goods - high Court admitted the appeal of Revenue on the question Whether the Hon'ble Tribunal was correct in holding that Credit of Service Tax paid on Customs House Agents Services/Post services is admissible to the manufacturer as "input Service Tax credit", by overlooking the statutory provision of Rule 2(l) of the.....
56
M. Dhara & Brothers Versus Commissioner of Income-tax-XVI, Kolkata
Penalty proceedings u/s. 271D - violation of section 269SS - revision order passed by CIT u/s. 263 - Held that:- Hon'ble Calcutta High Court in the case of CIT vs. Linotype & Machinery Ltd., (1989 (7) TMI 9 - CALCUTTA High Court) held that the failure of the A.O. to initiate proceedings under section 271D for violation of section 269SS could not be considered as an error calling for revision under section 263. We therefore, find merit in the contention of the Ld. Counsel for the assessee that th.....
57
Asst. Commissioner of Income Tax, Central Circle I (5) , Chennai Versus Smt. P. Bhavani and vice- Versa
Entitlement to deduction claimed by assessee under section 80-IB - Held that:- Assessee while filing the e-return had claimed deduction of ₹ 1 lakh only under Chapter-VI A of the Act. Assessee had profit and gains of ₹ 8,62,93,033/-. Along with salaries and income from other sources, the gross total income of assessee was ₹ 8,98,13,395/-. Against the column for showing deduction under Chapter-VI-A, assessee gave the figure of ₹ 1,00,000/-. However, in the column showing t.....
58
Shri Mukesh Kumar Versus CC, New Delhi
Condonation of Delay – Admitted that last date to appeal against impugned order was 26th July, 2012 – However appeal came to record of Tribunal on 30th October, 2012 – Whether delay could be condoned – Appellant submitted that his family was facing financial problem as result of which filing of appeal skipped from mind of appellant – Said reason does not appeal to common sense when appellant was aggrieved by impugned order – Appeal dismissed.
59
M/s. Coxswain Technologies Limited Versus The Customs, Excise and Service Tax Appellate Tribunal
Waiver of Pre deposit - Broadcasting Service - Assessee contends that the appeal should be heard on merits - Held that:- There can be no rule of universal application in such matters and the order has to be passed keeping in view the factual scenario involved. In the facts of the present case, we find that there has been certain payments made after the issuance of show cause notice as against the demand and the Adjudicating Authority has given certain benefits. After taking note of the plea of n.....
60
V. Sathyamurthy and Co. Versus Customs, Excise and Service Tax Appellate Tribunal (Southern Bench) , The Commissioner of Service Tax
Waiver of pre deposit - whether the appellant should be made to comply with the order of the Tribunal by depositing ₹ 1 crore more or not - Held that:- Tribunal had relied upon its earlier order dated 31.12.2014, to come to the conclusion that the balance of convenience was in favour of the revenue. But, the Tribunal has omitted to see that the earlier order dated 31.12.2014 had actually been set aside by this Court by the order dated 26.02.2015. Once the order is set aside and the matter .....
61
The Commissioner of Central Excise, Chennai-II Versus M/s Indian Furniture Products Ltd., The Customs, Excise And Service Tax Appellate Tribunal
Denial of CENVAT Credit - Tax paid on travels for transportation of their Staff for pick up and drop from residence to factory - Held that:- Order-in-Original came to be passed demanding a sum of ₹ 1,60,116/- (service tax credit of ₹ 92,901/- + ₹ 64,077/-) Edu. Cess (i.e. 1,857/- + 1281). The monetary limit for filing an appeal having been fixed at ₹ 2 Lakhs, even as per the order of the original authority, the demand of tax, interest and penalty being less than ₹ .....
62
LSE SECURITIES LTD. Versus ASSTT. COMMR., S.T. DIVISION, CHANDIGARH
Denial of refund claim - amount deposited during investigation - Stock Broking service - Valuation - Revenue contending that various charges like Misc. charges, turnover charges, Trade Guarantee Fund (TGF), Investor's Protection Fund (IPF), Stamp duty, Stock Exchange charges, Transaction charges, SEBI fees, Custom Protection Fund (CPF) and Demat charges received by stock brokers shall constitute value of taxable service - Demand of service tax set aside by Tribunal [2012 (6) TMI 364 - CESTAT, Ne.....
63
Standard Chartered Bank, IDBI Bank, American Express Bank Limited, SBI Cards and Payments Services Pvt. Limited CST, Mumbai-I/ CST, Delhi Versus CST, Mumbai-I, HDFC Bank, HSBC Bank Limited, ICICI Bank Limited
Credit Card Services - On and from 01-05-2006 credit card services was deleted from BOFS and incorporated into a distinct service - scope of the 'Banking and Other Financial Services' (BOFS) as introduced w.e.f 16-07-2001 - Held that:- introduction of a comprehensive definition of "credit card, debit card, charge card or other payment service" in Section 65(33a) read with Section 65(105) (zzzw), by the Finance Act, 2006 is a substantive legislative exertion which enacts levy on the several tra.....
64
M/s Mount Kellett Management (I) Pvt. Ltd. Versus Commissioner of Service Tax, Mumbai-I
Denial of refund claim - Export of services - Unutilized CENVAT Credit - whether the service provided from India were used outside India - Held that:- As the reports have been exported and the same have been utilized outside India, and remuneration for the services have been received in convertible foreign exchange, the appellant satisfied both the conditions under Rule 3(2) (a) & 9b) of the Export of Service Rules, 2005. Accordingly, it is export of service. It is immaterial how the foreign cli.....
65
MRF Ltd. Versus The Commercial Tax Officer - (IAC-I) , Commercial Taxes Department, Puducherry
Submission of Statutory Declaration forms – Uploading declaration in electronic format – Assesse aggrieved by assessment order passed by competent authority on ground that they have not submitted part of declaration forms as required under law therefore, impugned order proposed to demand differential tax – Whether there was failure on part of Petitioners to submit statutory declaration forms and had violated provision of law – Held that:- Sections 6A and 8(4) of Central Sales Tax Act, 1956 provi.....
66
Allahabad Gram Udyog Seva Sansthan Versus Commissioner, Commercial Tax, U.P., Lucknow
Rectification of Mistake – AO granted the exemption from sales tax wrongly beyond the prescribed limit - Applicant was granted exemption from tax under entry-3 of notification no. 7037 by AO in respect of turnover of blacksmithy itemsfor assessment year 2003-04 and 2004-05 – However, for assessment year 2005-06 ex parte assessment order was passed whereby tax at 10% was imposed on items manufactured by applicant – Whether Tribunal was correct to hold that rectification application was not mainta.....
67
M/s Sterling Lab Versus The Commissioner of Central Excise, Chennai-III
Waiver of pre deposit - delayed payment of duty - restriction on utlization of CENVAT Credit - Held that:- Gujarat High Court in the case of Indsur Global Ltd. vs. Union of India, reported in [2014 (12) TMI 585 - GUJARAT HIGH COURT] wherein the Gujarat High Court declared as unconstitutional the condition contained in sub-rule (3A) of Rule 8 for payment of duty without utilizing the CENVAT credit till an assessee pays the outstanding amount including interest. It is also submitted that following.....
68
VENKY HI-TECH ISPAT LTD. Versus CUS. & C. EX. SETTLEMENT COMMISSION
Power of settlement commission - whether the Settlement Commission is within its powers to impose penalty on each of the Directors in addition to the imposition of penalty upon the Company - Held that:- The conjoint reading of the different provisions contained in Chapter V of the said Act leaves no doubt that the Settlement Commission can not only impose the penalty and fine in exercise of powers as Central Excise Officers but bestowed with further powers to grant immunity against the same eith.....
69
Modern Industrial Enterprises Versus Commissioner
Composite issuance of SCN to two parties - Supreme Court dismissed the appeal filed by the assessee against the decision of Delhi High court [2015 (2) TMI 609 - DELHI HIGH COURT], wherein High Court held that show cause notice was issued in a composite manner to both the parties. However, in our opinion, that ipso facto did not vitiate the proceedings. If at the stage of determination of liability or at the final stage, it was open to the Commissioner to ascribe one figure or the other, to each .....
70
Commissioner Versus Emtee Poly Yarn
Valuation of goods - Undervaluation - Whether the Commissioner was justified in holding that the Department has failed to prove under-valuation at the instance of the assessees as alleged in the show cause notices - Supreme Court dismissed the appeal filed by the Revenue holding that subject matter stands covered against the appellant/Department in the case of Commissioner of Central Excise, Vapi v. Synfab Sales reported in [2015 (6) TMI 777 - SUPREME COURT] and the judgment in Synfab Sales has .....
71
IVP Limited Versus Commissioner
Classification of goods - whether "AA Nozzles" made of ceramic nozzles manufactured by M/s. IVP Ltd. are classifiable under Heading No. 69.01 of the Schedule to the Central Excise Tariff Act or under Heading 85.15 of the Central Excise Tariff - Supreme Court dismissed the appeal due to low tax effect. The appeal was filed by the assessee against the decision of Tribunal [2004 (9) TMI 135 - CESTAT, NEW DELHI]; wherein Tribunal held that ceramics nozzles are classifiable under Heading 69.01.
72
RAJ RATAN CASTINGS P. LTD. Versus COMMISSIONER OF CENTRAL EXCISE, KANPUR
Determination of Annual Production Capacity under Section 3A(4) of the Central Excise Act - Held that:- authorities below had rejected the invoices produced by the appellant/petitioner on the ground that they were not the invoices of the manufacturers. In these circumstances, the methodology adopted by the Commissioner in going into the actual parameters/measurements of the furnaces in order to ascertain their capacity cannot be termed as faulty - Decided against assessee.
73
MGM International Exports Versus The Commissioner of Customs, The Assistant Commissioner of Customs
Refund of Deposit – Demurrage, wharffage and stock loss charges – Inclusion in Assessment Value – Vide order dated 20.11.2009, respondent was directed not to include demurrage, wharffage and stock loss charges into assessable value, however, in spite that, second respondent has not finalised assessment of 63 imports already made – Held that:- Respondents have not come forward to offer any explanation for non-implementation of said orders – Petitioner made various representations, to finalise pen.....
74
Ansar Ebrahim Sayed Versus The State of Maharashtra, Mr V.S. Singh, The Commissioner of Customs, The Superintendent of Prison
Detention orders – Inordinate delay – Petitioner challenges impugned order 2nd respondent directing detenu to be preventively detained with view to prevent him in future from smuggling of goods as well as engaging in transporting and concealing and keeping smuggled goods – Held that:- detention proposal was forwarded to detaining authority on 26th June 2014 and that further generated documents were sent to detaining authority on 14th August 2014 – No explanation in affidavit by sponsoring author.....
75
SYED MOHAMMAD ZAMA Versus STATE OF RAJASTHAN
Evasion or Attempted evasion of duty – Bail Application was filed by accused-petitioner in respect of Case filed for offences under Sections 132 and 135 (1) (i) (A) and (B) of Customs Act, 1962 – Whether goods imported on previous occasion without declaration and paying customs duty can be clubbed with present goods which were imported without declaration and without paying customs duty – Held that:- Each petitioner was examined and his statement was recorded by empowered gazetted officer and ea.....
76
Airport Authority of India Versus Commissioner Of Customs
Importation of Aerobridges - Claim for refund - Exemption from duty - Vide impugned order reported in [2004 (11) TMI 378 - CESTAT, NEW DELHI] tribunal rejected appeal holding that refund claimed by appellant was not maintainable - Supreme court after hearing counsel for parties, observed that pre-conditions for availing import duty exemption were not fulfilled by appellant - Therefore no error was found in impugned final judgment and order passed by CESTAT - The appeal was accordingly, dismissed.
77
Commissioner Versus PNP Polytex Pvt. Ltd.
Classification of imported fabric - Custom tariff Heading 6001.22 - Tribunal in impugned order reported in [2004 (3) TMI 559 - CESTAT, MUMBAI] held that goods were looped pile fabrics which have been sheared, therefore set aside impugned orders and allowed appeal - Supreme court after hearing counsel for parties observed that Tribunal had rightly classified fabric imported by respondent herein under Chapter Heading 6001.22 - Therefore there were no reason to interfere with impugned order - Appeal accordingly dismissed.
78
Dimension Overseas Pvt. Ltd. Versus Commissioner
DEPB - Mis-declaration of value - purchase price was less than the DEPB claim - Confiscation, penalty and fine - Tribunal by impugned order reported in [2004 (6) TMI 232 - CESTAT, NEW DELHI] confirmed penalties and redemption fines upon Assesse - Supreme court after hearing counsel for parties at length and going through records held that authorities rightly determined purchase market value (PMV) at same rate at which assesse had made purchase from market - Since PMV was less than price at which.....
79
M/s. Coimbatore Flavors & Fragrances Ltd. and Others Versus Securities and Exchange Board of India
Violation to make disclosures of shareholding–SEBI imposed monetary penalty upon appellants for violating Regulation 8 of SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 r/w Regulation 30 of SAST Regulations, 2011 – Held that:- Appellant no. 1 made disclosure after delay of ten days, whereas appellant no. 3 after delay of 38 and 5 days during years 2003 and 2005 and appellant no. 1 after delay of 30 days – Penalty imposed cannot be said to be unreasonable on ground of pr.....
80
M/s Sandvik Asia Ltd. Versus The Deputy Commissioner of Income Tax, The Commissioner of Income Tax, Union of India
Entitlement to depreciation - expenses incurred to complete the title/ ownership of the land - whether the payment of ₹ 23.35 lakhs was in the nature of revenue expenditure or capital expenditure? - Held that:- The impugned orders of the authorities have reached a correct finding of fact that the land was not being used for the purposes of the Appellant's business. It was a vacant land to be exploited in the future. The business of the Appellant i.e. of manufacturing of cutting tools conti.....
81
Godrej Industries Ltd. Versus B.S. Singh, The Deputy Commissioner of Income Tax, Range 10 (2) , Mumbai And Others
Reopening of assessment - Deduction of depreciation on revalued portion of the assets is only for the purpose of presentation and accretion to reserves did not increase book profit. Therefore, there is no justification in reducing the net profit by the amount of revaluation reserve - Held that:- Identical issue had come up before this Court in Rallis India Ltd. (2010 (3) TMI 164 - BOMBAY HIGH COURT ) wherein a reopening notice was inter alia issued on the ground that the book profits have to be .....
82
Commissioner of Income Tax Versus M/s. Sri Ranganathar Valves Pvt Ltd
Disallowance of deduction claimed under section 80IA - ITAT allowed claim - Held that:- The business undertaking of the assessee is wind mill power generation/hosiery goods, etc., and it has claimed the benefit of deduction under Section 80IA of the Income Tax Act for the assessment year in question and for the subsequent years as well. Having exercised its option and its losses have been set off already against other income of the business enterprise, the assessee in this appeal falls within th.....
83
M/s. Ama Medical & Diagnostic Central K.G.M.C. Campus Lko. Versus The Dy. Commissioner of Income Tax -VI
Non deduction of TDS - payment of annual maintenance charge - as per ITAT Since the CIT(A) has not given any finding on merit, we restore the matter to his file with the direction to adjudicate the issue on merit as to whether the provisions of section 194C are applicable to the present case - Held that:- Tribunal has observed that 'the revenue has challenged the order of CIT(A) on merit also, but no finding was given by the CIT(A) on merit with regard to the nature of payments, therefore, the l.....
84
Commissioner of Income Tax-XIII Versus Noida Medicare Centre Ltd.
Section of AY to capitalize the customs duty levied on import of hospital equipment and claim depreciation - whether the obligation to pay customs duty related back to the actual date of payment of customs duty or the date of import of the equipment and whether the said customs duty paid in the previous year relevant to the AY in question can be capitalized with reference to an earlier year? - Held that:- Following the decision in Funskool (India) Limited (2007 (4) TMI 125 - HIGH COURT , MADRAS.....
85
Jyothy Laboratories Ltd. Versus Commissioner of Income Tax, Mumbai And Another
Reopening of assessment - change of opinion - Entitlement to benefit of Section 80IC denied - Held that:- In cases where there is a prima facie satisfaction of jurisdiction to issue reopening notice, the Petitioner can agitate the issue before the authorities under the Act. In the present facts it was in December 2013 that on survey it was found that the activity of the Petitioner was held to be not manufacture under the Central Excise Tariff Act, 1985 as far back as 1993. The revenue had always.....
86
Commissioner of Income Tax, Valsad Versus Shri Vishwendra B. Panwar
Penalty levied u/s 271D - violation of provisions of section 269SS - Tribunal deleted penalty levy - Low tax effect - Held that:- The Central Board for Direct Tax (CBDT) has issued Instruction No.5 of 2014 and in line with its earlier Instruction No.3 of 2011 directing the Revenue not to file appeals to the High Court from the order of the Tribunal when the tax effect is less than ₹ 10 lakhs. This Court in CIT vs. Vijaya V. Kavekar [2013 (2) TMI 451 - Bombay High Court] dismissed the appea.....
87
PR Commissioner of Income Tax – 4 Versus Granada Services Pvt. Ltd.
Eligibility for deduction under Section 10A - expenses in foreign exchange and insurance and communication expenses which were not excluded from the export turnover within the meaning of Explanation 2 (iv) to Section 10A - ITAT noticed that since the Assessee had not incurred expenses in foreign exchange for providing technical services outside India, those were not included in the export turnover - Held that:- Explanation 2 (iv) to Section 10A of the Act provides that freight, telecommunication.....
88
Commissioner of Income Tax-VI Versus Waco Matherson Elastomer Ltd.
Condonation of delay of delay of 526 days - budgetary constraints leading to delay payment of the differential court fees as a result of the Court Fees Delhi Amendment Act, 2012 which came into force on 1st August 2012 - Held that:- Much prior to the initial filing of the appeal, the Court Fees Act applicable to Delhi stood amended.

As regards the second ground, sufficient advance notice had been given to the litigants and Advocates about the filing of soft copies of the paperbooks......
89
The Commissioner of Income Tax, Patiala Versus M/s. Super Pipes
Rejection of books of accounts - ITAT disallowing additions of undisclosed income for the block period which were made on the basis of search on the other hand? - Whether ITAT has erred by holding that no trading addition by estimating the sales of whole of the block period was called for and thereby the additions of undisclosed income were disallowed? - Held that:- The entire basis of making the addition was only in view of the two bills. There were several bills during that period. There was .....
90
Commissioner of Income Tax, Delhi Versus M/s. Vijay Mehta
Deduction under Section 80HHC (2) - amounts realised in convertible foreign exchange after the specified period (i.e. within six months from the end of the previous year) - ITAT allowed claim - Held that:- Notwithstanding that there may not be any time limit as such prescribed for disposal of applications by the CIT in respect of a request made for extension of period within which the export proceeds have to be realised in convertible foreign exchange, on the facts of the present case there appe.....
91
Shri Melvinder Singh Grewal Versus Income Tax Officer
Unexplained cash deposits - Unexplained income - ITAT confirmed addition - Held that:- The ITAT has in the impugned order returned a finding of fact that the Assessee could not establish that he received agricultural income from carrying on farming activities in the society land. The Assessee has failed to produce any reliable document to explain the cash in hand. - Decided against assessee.
92
Commissioner of Income Tax-VI Versus Video Electronics Pvt. Ltd.
Accrual of income - Treatment of the reversing of the lease rentals of the machinery in the books of accounts of the Respondent Assessee - treatment of the unrecovered advance to purchase the machinery - Held that:- The monies advanced to the two entities for the purposes of their purchasing machinery in the name of the Assessee did not fructify in the actual purchase of machinery. The Assessee filed a suit against one of the entities for recovery of the monies. When the Assessee learnt that no .....
93
M/s. OSI Systems Pvt. Ltd Versus Dy. Commissioner of Income Tax, Circle 16 (3) , Hyderabad
Transfer pricing adjustment - selection of certain comparables in ITeS segment - Held that:- In case of M/s. Capital IQ Information Systems (India) Pvt. Ltd vs. Addl. CIT [2014 (9) TMI 125 - ITAT HYDERABAD] all these companies were found to be incomparable to a pure ITES provider (1) Infosys B P O Ltd because of its big brand value, this company has to be excluded on the grounds of functional dissimilarity on FAR Analysis. (2) Genesys International Ltd because there is vast difference between .....
94
M/s United Breweries Ltd. Versus ITO, Ward-6 (1) , Visakhapatnam
TDS liability - application of provisions of section 194H by the assessing officer (I.T.O., T.D.S.) to payments effected by appellant to retail dealers through Del-credere Agents, as commission paid to Del-credere Agents also confirmed by CIT(A) - Held that:- the del-credere agents cannot be considered to "Payees" in these transactions as interpreted by Ld CIT(A), since they have acted only as conduits. The payment is actually made to the retail dealers. Accordingly, we are of the view that the .....
95
Hapag Lloyd India Private Limited Versus Dy. Commissioner of Income tax -10 (1) , Mumbai
Transfer Pricing adjustment - addition on international transaction pertaining to the transaction of business support services - Held that:- The Transfer Pricing Officer accepted the price charged by the assessee in respect of services provided through sub-agency, but while computing the arm's length price it had ignored the comparable uncontrolled price and took the price charged by the assessee as the arm's length price. Further, the services provided by the assessee on its own were compared w.....
96
M/s. Raj Hans Towers Pvt. Ltd. Versus ITO, Ward-15 (2) , New Delhi
Reassessment under section 148 - accommodation entry of share capital and making additions of amounts - Held that:- As the assessee has produced evidences in support of this claim and as the AO has not conducted any investigation nor collected any evidence to controvert the claim of the assessee in our view the additions are bad in law. See Ranbaxy Laboratories Ltd. v. Commissioner of Income-tax [2011 (6) TMI 4 - DELHI HIGH COURT], CIT v. Living Media India Ltd. [2013 (6) TMI 128 - DELHI HIGH CO.....
97
Ameriprise India Pvt. Ltd. Versus ACIT, Circle 1 (1) , New Delhi.
Transfer pricing adjustment - inclusion/exclusion of certain companies in/from the list of comparables - Held that:- Cosmic Global Ltd. (Seg.) - the functional comparability of the Accounts BPO segment of Cosmic Global has been accepted by the ld. AR. In that view of the matter and respectfully following the judgment of the Hon'ble High Court in the case of ChrysCapital Investment Advisors (I) Pvt. Ltd. (2015 (4) TMI 949 - DELHI HIGH COURT), we hold that Cosmic Global Ltd. (Seg.) cannot be exclu.....
98
Income Tax Officer, Ward 2 (1) , Jaipur Versus M/s Five Star Corporation
Unverifiable purchases - CIT(A) deleted part addition - Held that:- The matter has been set aside by the ITAT twice and the assessee was not able to correlate the purchases made from M/s Anmol Ratan and M/s Shruti Gems to the tune of ₹ 57,50,000/- with export bills. The ld CIT(A) partly accepted the correlation between the purchases made from both the parties and export bills but she confirmed that the purchases made from both the parties are bogus and the assessee might have purchased th.....
99
Smt. Uppala Rajani, Hyderabad Versus Dy. Commissioner of Income-tax Circle 1 (1) , Hyderabad
Reopening of assessment - addition made on account of deemed dividend under S.2(22)(e) - Held that:- Reasons recorded by the AO that it had come to the notice during the course of survey operations carried out under S.133A of the Act in the case of M/s.Aster Infrastructure Private Limited on 25.1.2011 that the claim of the assessee of having incurred loss in the proprietary concern of M/s. Aster Indsutry was bogus in as much as the staff services claimed to be rendered by the said proprietary co.....
100
Smt Ichudevi L. Choraria Versus The Income Tax Officer-14 (2) (3)
Addition u/s 68 on account of gift received from NRI relative - Held that:- The assessee is a widow who has received a gift from her late husband's sister, who is an NRI based in Hong Kong. The gift was received on the occasion of her grand daughter's marriage. So far as the transaction of gift is concern, the same is evidenced from the bank statement of the assessee; remittance advice of Dena bank; bank statement of the donor, Smt. Kanakwari Nahata; foreign remittance advice issued by HSBC bank.....
101
Sri Ram Prasad Bhatta Versus ACIT, Berhampur Circle, Berhampur.
Rejection of book result - estimation of profit at 8% of the gross contract receipts - Held that:- As the assessee has not produced any evidence before the Assessing Officer, therefore Assessing Officer is justified in estimating the profit at 8% and our interference is not required. - Decided against assessee.

Disallowance of interest on house property claim u/s. 80C - Held that:- Looking to the facts and circumstances of the case, we find that the assessee has paid interest of ͅ.....
102
Recorders And Medicare System Pvt Ltd Versus The CIT-1, Chandigarh
Revision u/s 263 - issue of applicability of claim of deduction under section 80IC not examined by AO - Held that:- The language of Section 80AC is negatively worded in as much as it provides in clear terms that deduction u/s 80IC shall not be allowed if the return of income containing such claim is not furnished by the due date specified in Section 139(1). In the face of such clear language of Section 80AC, there can be no hesitation in holding that the provisions of section 80AC are mandatory.....
103
Sri Debasish Banerjee Versus Income-tax Officer, Wd-1 (1) , Kolkata
Unexplained investment under section 69 - Held that:- Before us the assessee could not reconcile the difference between purchases as debited in the trading account and purchases as per TCS certificate. Even the assessee could not produce books of account and clearly admitted that the assessee being a trader in Indian made foreign liquor does not maintain books of account. There is clear cut difference in the purchases and unaccounted purchases in both years could not be explained nor accounted f.....
104
D.C.I.T., Circle-5, Kolkata Versus M/s. Rungta Mines Ltd.
Addition on account of capital expenditure - CIT(A) deleted the addition - Held that:- The issue is squarely covered in favour of the assessee by the decision of the Income-tax Appellate Tribunal, Kolkata Bench in the case of group concern of the assessee in the case of Asst. CIT v. Rungta and Sons (P) Ltd. [2014 (1) TMI 1515 - ITAT KOLKATA].The Tribunal had found that the decision of the hon'ble apex court in the case of Bikaner Gypsums Ltd. v. CIT [1990 (10) TMI 2 - SUPREME Court] applied to t.....
105
Asstt Commissioner of Income Tax Circle-3, Ahmedabad Versus M/s. Krone Commodities Pvt Ltd.
Disallowance of bad debt - CIT (A) partly confirming disallowance - Held that:- It is an undisputed fact that the matter of recovery of debts from Jitendra and Rekha Gupta was referred to arbitrator. On perusing the arbitration award placed on record, it is seen that as per the consent terms, the award was that Assessee was to be paid ₹ 22,50,000/- in full satisfaction of Assessee's claim in arbitration no. MCX/Legal/127A/08 and in Reference No. MCX/Legal/126A/08 meaning thereby that Asse.....
106
COMMNR., CENTRAL EXCISE & CUSTOMS, DAMAN Versus M/s. AMLINE TEXTILES LTD. & ORS.
Valuation of goods - Undervaluation - PTY Twisted Yarn - Factory gate sale or not - Held that:- Decision in the case of COMMISSIONER OF CENTRAL EXCISE, VAPI Versus SYNFAB SALES [2015 (6) TMI 777 - SUPREME COURT] followed - Decided against Revenue.
107
Centre For Development of Advance Computing Versus Commissioner of Central Excise, Pune
Franchise service - Nature of Receipt of course fees - Invocation of extended period of limitation - Held that:- Authorisation Agreement, under Para 10 Schedule of Fees provides for Authorisation fee and course fees separately and distinctly. Only because all the fees are provided in one Agreement does not necessarily lead to a conclusion that the different components of fees are only for the purpose of grant of franchise. Their very names suggest differently. Under Para 10B, the Authorisation f.....
108
Shri Chanakya Education Society Versus Commissioner of Customs & CE, Pune III
Commercial Training and Coaching Services - Assessee contends that they are charitable institute - Penalty u/s 78 - Invocation of extended period of limitation - Held that:- Tribunal in the case of Great Lakes Institute of Management (2013 (10) TMI 433 - CESTAT NEW DELHI - LB) has specifically held that the service tax liability arises on the charitable institutes which has now been affirmed by retrospective amendment. To that extent we reject the claim and uphold that they are liable for servic.....
109
Commissioner of Central Excise, Indore Versus M/s Kehems Engineering Pvt Ltd, M/s Kehems Engineering Pvt Ltd Versus Commissioner of Central Excise, Indore
Erection, Installation and Commissioning Service - installation of HVAC systems (air conditioning systems) - Works contract service - Date of taxability of service - Held that:- The later circular makes it absolutely clear that the scope of ECIS was expanded by including specified installation services such as installation of air-conditioning including related pipe work, duct work and metal sheet work. Although Board circular is not binding on the quasi-judicial authorities, it is clear that th.....
110
Commissioner of Central Excise, Lucknow Versus M/s P.C. Construction, M/s Raj And Co, And Vice-Versa Alongwith, M/s. Saraswati Traders
Classification of service - Erection, Commissioning or Installation Service (ECIS) or works contract service - Benefit of 67% Abatement - Penalty u/s 76, 77 & 78 - Invocation of extended period of limitation - Held that:- Works contract service was carved out of Services of CICS, COCS and ECIS which were subject to service tax even prior to 01/6/2007. Works contract service was specifically born w.e.f. 01/6/2007. As per the provisions contained in Section 66F (2) of the Finance Act, 1994 a speci.....
111
CMA CGM Global (India) Pvt Ltd Versus Commissioner of Central Excise, Thane-II
Classification of service - Business Auxiliary service or Business Support service - whether the expenses charged directly from customers such as Bill of Lading (B/L) reissue charges, switch B/L charges, B/L surrender charges, advance cargo declaration charges, administration charges on stamp duty, amendment charges, check dishonour charges, destination documents fees, late B/L charges are leviable to service tax under the Business Auxiliary Services - Held that:- The appellant provides end-to-e.....
112
Sony India Pvt. Ltd. And Others Versus The Commissioner of Trade And Taxes And Others
Pre-Determination – Deemed Waiver – Appellant was informed that next date of hearing would be intimated later, but no subsequent date of hearing was indicated by commissioner – Since Commissioner failed to make any determination within prescribed period, proposed determination as indicated by Appellant would have been deemed to be issued by Commissioner – Whether tribunal was justified in holding that there was deemed waiver of application for pre-determination – Held that:- three conditions wer.....
113
Kilban Foods India (P) Ltd. Versus Commissioner, Commercial Taxes, Thiruvananthapuram and another
Rate of tax on pickle – Taxation of goods at lower rate – Pickle sold under brand name or not – KVAT - Appellant seeks declaration that item pickle sold by appellant comes under entry 49, entitling his products to be taxed at 4 per cent – Commissioner found out that pickles sold by appellant under brand name would be taxed at 12.5 per cent – Held that:- goods can be taxed at 12.5 per cent only, if they do not fall under Schedule I or III having regard to section 6(1)(d) of Act – Description of g.....
114
The Commissioner of Central Excise Versus Customs, Excise And Service Tax Appellate Tribunal, M/s Devi Silicates Pvt Ltd
Denial of SSI Exemption - Clandestine Removal and Deliberate Fragmentation of manufacturing activities - clubbing of clearance - tribunal decided in favor of assessee on technical ground - Held that:- Whether the failure to challenge the finding in favour of Shri M.S. Jain in a connected matter would operate on the principle of res judicata on the Tribunal from examining the other cases on merits - Held that:- Records of the various group companies have been perused and on the basis of that, the.....
115
M/s. Om Shiv Transport Versus Union of India Thru. Secy. Dept of Reve. And 4 Others
Housing of CESTAT Bench at Allahabad - Registrar has stated that the jurisdiction of the Bench at Allahabad is yet to be notified by the President CESTAT (under Section 129C of the Customs Act, 1962 (52 of 1962) read with Section 35D of the Central Excise Act 1944 (1 of 1944), Section 86 of the Finance Act, 1994, Section 9C of the Customs Tariff Act, 1975 - Held that:- Government of India, Ministry of Finance, Department of Revenue has issued a notification dated 01.11.2013, which has been issue.....
116
Tec Paper Pvt. Ltd. Versus Union of India & 1
Validity of order of the tribunal - The matter was heard by the Member (Judicial) of the Tribunal, however, the decision has been delivered by the Member (Technical) of the Tribunal, who had never dealt with the case in past. - Clandestine removal - Recovery of note book - invoice with new serial number inserted - Held that:- when the appeal was already heard and reserved for orders and the Member (Judicial) of the Tribunal had directed the registry for re-listing the matter for the certain clar.....
117
CEAT LIMITED Versus COMMISSIONER OF C. EX. & CUS., NASHIK
Denial of refund claim - Unjust enrichment - Provisional assessment - Held that:- It was the duty of the tribunal as a last fact finding authority to have considered the backdrop in which the refund claim was made, the documents placed in support thereof, the arguments canvassed on facts before the Assistant Commissioner and the Commissioner (Appeals) and the relevant findings on factual aspect in their orders. None of this has been referred, leave alone considered. If it was duly of the Tribun.....
118
Commissioner of Central Excise, Vadodara Versus Jem Industries Ltd.
Valuation of goods - Incusion of Commission - Held that:- CESTAT has committed an error in the impugned order in not considering the question of "commission" on the ground that it was not raised in the show cause notice - from the reading of the show cause notice that it was specifically raised therein as an independent issue. However, instead of remanding the case back to the CESTAT, it would be more appropriate that the adjudicating authority decides this issue in the first instance. - Decided in favour of Revenue.
119
Hind Agro Industries Ltd. Versus Commissioner
Demand - Export Oriented Unit - Exemption - Valuation (Central Excise) - Supreme Court decline to entertain the appeals wherein appellant herein had conceded the position before the Tribunal and on the said concessional order was passed. Tribunal in the impugned order held that impugned order regarding the confirmation of duty is modified in respect of Tallow Waste and Bone waste by allowing the benefit of Notification No. 8/97. But regarding the other product in question, the impugned order confirming the duty is upheld.
120
Punjab Alkalies & Chemicals Ltd. Versus Commissioner
Valuation of goods - whether the consideration received by them from their customers for providing linkage facility within their factory premises is includible in the assessable value of Hydrogen Gas manufactured - Supreme Court dismissed the appeal due to low tax effect. The appeal was filed by the asessee against the decision of Tribunal [2004 (10) TMI 169 - CESTAT, NEW DELHI]; wherein Tribunal held that by providing this facility, Hydrogen Gas is brought from the tank to the factory gate for .....
121
Advance Structurals Ltd. Versus Commissioner
Excisability of goods - Requantification of demand - Supeme Court dismissed the appeal as infructuous since the tax effect is low, Tribunal had only ordered remand of the matter and after the remand Commissioner (Appeals) - Appeal was filed against the decision of Tribunal [2005 (1) TMI 169 - CESTAT, NEW DELHI]; wherein Tribunal held that Commissioner (Appeals) has not examined the matter from the angle of the contention raised by both sides - Therefore, the matter deserves to be re-examined by.....
122
SSS SAI SHIPPING SERVICES PVT LTD & 1 Versus UNION OF INDIA & 1
Prohibition to work as CHA – Non-payment of Duty – Non-compliance of Regulation, 2004 – Goods were cleared, however, importer had not paid duty and therefore, respondent No. 2 issued show cause notice to importer as well as Custom House Agent-petitioner – By impugned order of respondent No.2, petitioner was prohibited to work as Customs House Agent under regulation 21 of Regulations, 2004 – Held that:- admittedly applicability of penalty under Section 114A of Customs Act, 1962 was pending before.....
123
PINKCITY LOGISTICS LTD. Versus COMMISSIONER OF CUSTOMS
Prohibition to work as CHA – Non-compliance of Regulation, 2004 – Violation of principle of Natural Justice – Petitioners who were granted license to function as Customs House Agent, were prohibited from functioning as such, by way of orders of prohibition, issued under Regulation 21 of Regulations, 2004 which alleged to have been passed with utter disregard to principles of natural justice – Whether Regulation 21, ultra vires powers of Board under Section 146(2) of Customs Act,1962 – Held that:.....
124
Commissioner Versus Jaslok Hospital & Research Centre
Exemption benefit of Notification No. 64/88-Cus. - Demand, Confiscation and Penalty - Tribunal vide impugned order 2003 (10) TMI 153 - CESTAT, MUMBAI set aside order of Commissioner denying benefit of Notification No. 64/88-Cus. as well as ordering confiscation of imported goods and instead remanded matter back to commissioner for re-consideration - Supreme court held that tribunal had only remanded matter back to Commissioner for fresh adjudication - In said circumstances no interference was called for.
125
Commissioner Versus Rochees Impex Pvt. Ltd.
Duty demand - Clandestine removal of goods - 100 % EOU - DTA clearances - Supreme Court after pursuing the order of Tribunal [2004 (9) TMI 437 - CESTAT, NEW DELHI], dismissed the appeal holding that no substantial question of law arose which needs determination by this Court. Tribunal in the impugned order held that there was no clandestine removal of the goods in question and also that the Department could not produce any evidence to substantiate its allegation that the inputs which were import.....
126
Pratibha Industries Ltd. Versus Commissioner
Exemption from Excise and additional duty - Tribunal vide impugned order reported in 2004 (9) TMI 278 - CESTAT, MUMBAI held that "Ductile pipes" were not classifiable under heading 98.01 of Customs Tariff and thus importer was not eligible for exemption under Notification No. 21/2002-Cus. - Supreme Court court after hearing counsel for appellant were of opinion that Tribunal has rightly come to conclusion that appellant shall not be covered by Notification No. 21/2002-Cus., which grants complete.....
127
Oracle Financial Services Software Limited Versus Securities and Exchange Board of India and Others
Declaration of interim dividends – Violation of time gap to be maintained in between closure of books and record date – Held that:- Fact that as per clause 16 of listing agreement word 'and' used between words 'two book closures' and 'record dates', cannot be inferred as gap between book closure and record date – In fact time gap was intended between two book closures and two record dates – BSE & NSE directed to announce record date for interim dividend declared by appellant enabling him to make.....
128
Commissioner of Income Tax, Delhi Versus M/s Bhagat Construction Co. Pvt. Ltd., M/s. M.R.G. Plastic Technologies And Others
Interest under Section 234B - no direction had actually been given in the assessment order for payment of interest - Held that:- It will be seen that under the provisions of Section 234B, the moment an assessee who is liable to pay advance tax has failed to pay such tax or where the advance tax paid by such an assessee is less than 90 per cent of the assessed tax, the assessee becomes liable to pay simple interest at the rate of one per cent for every month or part of the month.

The f.....
129
Asstt. Commissioner of Income Tax, Circle-3 Noida Versus M/s. Greater Noida Industrial Development Authority
Reopening of assessment - requirement of issuance of notice - exemption claimed by the assessee under Section 10(20) was not tenable as it was not a local authority within the meaning of Section 10(20) - ITAT allowed assessee's appeal - Held that:- It is clear that the essential requirement is "issuance of notice" under Section 143(2) of the Act. The deeming fiction under Section 292BB of the Act is with regard to "service of notice". Since the initial requirement of issuance of notice was not m.....
130
Gaurav Contracts Co. Versus Deputy Commissioner of Income Tax
Reopening of assessment - reliance on audit objection - as per AO assessee was not entitled to the depreciation at 30% on motor vehicles and the normal rate of depreciation at 15% was allowable to the assessee being a contractor and therefore, escaped assessment - Held that:- Solely on the audit objection raised by the audit party the assessment is reopened and/or it can be said that the opinion of the Assessing Officer and/or Assessing Officer's reason to believe that there is an escapement of .....
131
M/s. Kiran Somani Versus Asstt. Commissioner of Income Tax
Sale of shares - Capital gain or business income - Whether, the Tribunal has committed itself to perversity while concluding that the income of the appellant is "business income"? - Held that:- The Tribunal has recorded a finding that in the present case, Assessee's main source of income is from share transaction. His income from interest is only ₹ 4158/-. Further during the year of assessment in question, Assessee has sold shares of various Companies, i.e. Flex Industries Limited, Rathi I.....
132
COMMISSIONER OF INCOME-TAX Versus SHANKARLAL, MAHENDRA KUMAR, ANIL KUMAR AND SMT. KAUSLYA BAI
Voluntary disclosure of undisclosed income - VDIS - whether if a search has taken place under section 132 of the Act against an assessee, he is disabled from availing of the benefit under the Scheme in respect of any income referable to any earlier previous years? - Held that:- The non obstante clause contained in Chapter IV of the Finance Act, 1997, is not that wide enough. The net result is that the amount which was the subject matter of search was liable to be dealt with under Chapter XIV-B o.....
133
Commissioner of Income Tax –I Versus M/s. Sunder Forging And Vica-Versa
Entitlement to benefit under section 80-IB - whether the assessee be denied the benefit of the said deduction on the ground that during the said 10 consecutive years, it ceases to be a small scale industry? - Held that:- Section 80-IB is an incentive provision. It provides deduction in respect of profits and gains from certain industrial undertakings other than infrastructure development undertakings. For an industrial undertaking to be eligible for the said deduction, it has to fulfill all the .....
134
YOUNG MEN'S CHRISTIAN ASSOCIATION Versus JOINT COMMISSIONER OF INCOME-TAX (OSD)
Cash credit amount assessed under section 68 - whether forms part of the total income cannot be considered as application of income for the purpose of section 11 for the assessment year 2009-10 because the same is not a donation ? - Held that:- Quite apart from the fact that the issue raised is a pure question of fact, we find from the order of the Commissioner of Income-tax (Appeals) as well as the Assessing Officer that the assessee had not in any manner let in any evidence to show that the am.....
135
The Commissioner of Income Tax, The Assistant Commissioner of Income Tax Versus M/s Mookambika Developers
Reopening of assessment - disallowing the genuineness of the compensation u/s 40A(3) alleged to have been paid by the assessee to certain parties for vacating the property - whether the Tribunal would be correct in upholding reassessment proceedings when the reasons recorded for reopening of proceedings under Section 148 of the Act itself does not survive? - Held that:- Considering the provision of Section 147 as well as its Explanation 3, and also keeping in view that Section 147 is for the ben.....
136
COMMISSIONER OF INCOME-TAX Versus SRINIVASA HATCHERIES (P.) LTD.
Claim of depreciation on the cages to carry birds produced in the hatchery - CIT reopened the matter by issuing a notice under section 263 to hold that the cost of each cage is less than ₹ 5,000, they can be put to proper use only when they are attached to each other, thus disallowed the depreciation - Held that:- Tribunal discussed the matter at length with reference to the relevant precedents. The principle governing the exercise of power in a revision was taken note of. The principle is.....
137
Zee Media Corporation Limited Versus Dy. Commissioner of Income Tax, Circle 7 (3) , Mumbai
Reopening of assessment - Held that:- On the arguments relating to the existence of new or tangible material for the AO before initiating the re-assessment proceedings, we find from the reasons that it is not the case of Revenue that AO has any such tangible material on the incorrectness of the claim of amortization of the inventories of programs / films or the method of valuation thereof. In the preceding paragraphs, we have extracted ratios of various case laws in the form of the assessee on t.....
138
Tata Technologies Limited Versus Joint Commissioner of Income Tax, Range-10, Pune
Disallowance of software expenditure by holding it as capital in nature - Held that:- In view of the ratio laid down by the Hon'ble Bombay High Court in CIT Vs. Raychem RPG Ltd. (2011 (7) TMI 953 - Bombay High Court), where the expenditure has been incurred for facilitating the business and which does not form part of profit making apparatus, then the software expenditure is to be allowed as revenue expenditure. Where the assessee had incurred expenditure on software which has been acquired to .....
139
Dy. Commissioner of Income Tax, Circle 8 (1) , Hyderabad Versus M/s. Kirby Building Systems India Ltd
Transfer pricing adjustment - DRP deleted the ALP adjustment proposed by the AO - disallowance of payment of royalty and technical service fee to M/s. Kirby Building Systems, Kuwait analysed under the provisions of transfer pricing - Held that:- The assessee had entered into international transactions for payment of royalty and fee for technical services vide agreement dated 1.4.2000. Further we find that this agreement had undergone several amendments and the assessee had started paying royalty.....
140
The Income-tax Officer, Madurai Versus Kalanjiam Development Financial
Entitlement to exemption u/s.11 and 12 - CIT(Appeals) observed that the assessee is a company without profit motive and the micro finance business carried on by the assessee falls under the category of 'relief to poor' and hence, it is carrying on charitable activity u/s.2(15) of the Act, so as to grant exemption u/s.11 and 12 of the Act - Held that:- In the present case, the assessee is having reserves and surplus at ₹ 50,89,576/-. Contrary to this, the assessee is having revolving fund .....
141
The Assistant Commissioner of Income Tax And Others Versus M/s Neyveli Lignite Corporation Ltd. And Others
Expenses incurred on Life Extension Program (LEP) of Thermal Power Station I (TIPS-I) and expenditure on Rejuvenation of Bucket Wheel extractors - revenue v.s capital expenditure - Held that:- As decided in assessee's own case [2012 (10) TMI 751 - ITAT CHENNAI] wherein held what was replaced was only the parts of machinery and the expenditure was incurred only to preserve and maintain the existing assets and therefore, the expenditure on such repairs is allowable as deduction under current repai.....
142
M/s. e4e Business Solutions India Private Limited Versus The Deputy Commissioner of Income Tax, Circle-11 (3) , Bangalore
Transfer pricing adjustment - Computation of the arm's length price - selection of comparables - Held that:- As far as comparables list at Sl. Nos. 17 and 25 of the list of comparables chosen by the Transfer Pricing Officer is concerned, viz., Infosys BPO Ltd. and Wipro Ltd., the turnover of these companies are admitted beyond ₹ 200 crores. It has been held by this Tribunal in several decisions like Trilogy E-Business Software India P. Ltd. v. Deputy CIT [2013 (1) TMI 672 - ITAT BANGALORE .....
143
Sejal Gopalbhai Shah Versus ACIT, Cent. Cir. 2 (4) , Ahmedabad.
Validity of assessment - assessee has pleaded that the assessment orders have been passed by the AO after 12o clock in the mid-night of 31-12-2009. Therefore, the assessment orders are time barred, and consequently be quashed - Held that:- On due consideration of the facts and circumstances, we do not find force in the submissions of the ld. counsel for the assessee. Firstly, the ld. AO has mentioned a time at 12:15 am, meaning thereby, it is morning of 31-12-2009. Rather, the CIT(A) has rightly.....
144
M/s. Sterling Developers Pvt. Ltd. Versus Joint Commissioner of Income-Tax (OSD) , Circle-12 (3) , Bangalore
Disallowance u/s 14A - Held that:- It is not disputed that there was no dividend or exempt income claimed by assessee during the relevant previous year. Other income shown by the assessee in its Schedule 15 shows dividend income as nil. No doubt there is a sum of ₹ 160,701,177/- appearing as miscellaneous income in the P & L account. However, this was the subject of an analysis by the AO wherein the AO himself has given a finding that ₹ 16 crores was remuneration received by the asse.....
145
Modinagar Rolls Ltd. Versus Additional Commissioner of Income Tax, Range-1, Ghaziabad
Addition on issued capital u/s 68 - share application money - Held that:- In the present case, it is an admitted fact that the assessee received a sum of ₹ 1.70 crores from M/s Shalini Holdings Ltd. and ₹ 20 lacs from M/s Apoorva Leasing Finance & Investment Pvt. Ltd. on account of share capital. Both the above said companies were registered with ROC and were regularly assessed with the Income Tax Department,copy of assessment order of the assessment year 2010-11 of both the compani.....
146
M/s. Konar Greenlands Pvt. Ltd. and Others Versus Dy. Commissioner of I.T., Central Circle 8, Hyderabad
Penalty under section 221(1) read with section 140A(3) - assessee companies had not paid either any advance tax or even self assessment tax before filing their returns of income nor even after issue of intimations under section 143(1) resulting into raising of demand - Held that:- Similar penalties imposed by the Assessing Officer and confirmed by the learned CIT(A) in the cases of other group companies [2014 (12) TMI 431 - ITAT HYDERABAD] involving materially the same facts have been sustained .....
147
M/s. Malabar Industries Pvt. Ltd. Versus Income tax Officer5 (2) (3) Mumbai.
Addition on refund of money - Held that:- The issue about the refund of money to two parties had attained finality during the first round of litigation. From the order of the Tribunal also,it is evident that the order of the FAA was not challenged by the AO with regard this issue.In these circumstances, addition made by the AO and confirmed by the FAA is held be to unjustified. Reversing the order of the FAA pertaining to the issue under consideration, we decide ground no.1 in favour of the asse.....
148
Dy. Commissioner of Income Tax, Central Circle-12, New Delhi Versus Shri Vijay Kumar Aggarwal
Validity of assessment - failure to issue notice under section 143(2) within stipulated time - whether such procedural deficiency being curable under section 292 BB ? - Held that:- Undisputedly, notice u/s 143(2) of the Act should have been issued and served on or before 30.6.2007 as the return of income for the relevant AY 2006-07 was filed on 15.6.2006 but the same was issued on 12.11.2007 and served on 14.11.2007 and the same was issued and served beyond the prescribed time limit as per provi.....
149
Assistant Commissioner of Income Tax, Circle- II, Trichy Versus M/s. INTEX
Entitlement to claim deduction under Section 80-IA - Held that:- The business undertaking of the assessee is wind mill power generation/hosiery goods, etc., and it has claimed the benefit of deduction under Section 80IA of the Income Tax Act for the assessment year in question and for the subsequent years as well. Having exercised its option and its losses have been set off already against other income of the business enterprise, the assessee in this appeal falls within the parameters of Section.....
150
Sri Vignesh Yarns Pvt. Ltd. Versus The Deputy Commissioner of Income Tax, Company Circle- II (3) , Coimbatore
Disallowance of cost of 339 units of yarn clearers - revenue v/s capital expenditure - AO treated the cost of two comber machines and one auto coner as capital expenditure as against the claim of the assessee as revenue expenditure confirmed by CIT(A) and also adjudicated that cost of 339 units of yarn clearers is also capital expenditure - Held that:- Commissioner of Income-tax (Appeals) probably by overlooking the fact that the issue to be decided pursuant to the direction of the hon'ble Supre.....
151
Indiabulls Projects Ltd. Versus Deputy Commissioner of Income-tax- Circle 3 (2) , Mumbai
Disallowance u/s 14A - Held that:- Once the facts and circumstances for the assessment year 2008-09 and assessment year under consideration are identical then the basis of disallowance can not be different. Accordingly we direct the AO to restrict the disallowance to 10% of the expenditure incurred for composite activity resulting in exempt income as well as taxable income. The above directions are given in peculiar facts and circumstance of the case and to maintain the rule of consistency, ther.....
152
Deputy Commissioner of Income-Tax Versus Amin Machinery Pvt. Ltd.
Valuation of stock - Addition on account of excise duty on closing STOCK of finished goods - CIT(A) deleted the addition - Held that:- CIT(A) while deleting the addition held that when finished goods are not sold or cleared and element of excise duty thereon has not been incurred and debited to the trading account of the year, there was no question of making any addition to the value of closing stock. Before us, Revenue has not brought any contrary binding decision in its support. We further fin.....
153
National Aviation Co. of India Ltd. Versus Commissioner of Service Tax, Mumbai
Services of transportation of passengers - Advance receive for journey before levy of service tax i.e. 1/5/2006 - Suppression of facts - Bonafide belief - Bar of limitation - Assessee contends that that they were under the bonafide impression that the service tax liability may not arise on an amount received as advance for the journeys to be conducted after 01/05/2006 - Held that:- It can be noticed from the letter received by the appellant from the office of the Assistant Commissioner, service .....
154
M/s HCL Technologies Ltd Versus C.C.E. Noida
Cenvat Credit - various input services - nexus with output - Refund claim of unutilized Cenvat credit - Rule 5 - Export of services - Held that:- service of renting Car parking space used for parking of the vehicles of the Officers/Employees of the assessees Company has nexus with the business of the assessee - Credit allowed.

Hotel bills for stay of auditor when he visited Chennai for audit of the appellants Company - Held that:- Auditing is an essential activity for the Company. .....
155
Jindal Drilling & Industries Ltd Versus Commissioner of Service Tax, Mumbai
Demand of service tax - Mining and minerals services - Imposition of interest and penalty - Held that:- hiring of rigs to ONGC by making payment to foreign entities is liable to be tax from 16.5.2008

From the records we find that the appellant has discharged entire service tax liability which was charged by them to ONGC. When the appellant has already paid the amount collected by them from ONGC to the Government, the question of any recovery of amount does not arise.

Levy o.....
156
Vidarbha Iron & Steel Co. Ltd. Versus Commissioner of Central Excise, Nagpur
Supply of manpower - factory along with the machinery of the appellant was to be given under leave and licence to one company - Whether the amounts received by the appellant towards salary and other government dues are liable to service tax or otherwise under the category of manpower recruitment and supply agency service - Held that:- amounts received by the appellant in this case as actual salaries cannot be considered as an amount received for rendering of manpower recruitment and supply agenc.....
157
Ideal Road Builders Pvt Ltd Versus Commissioner of Service Tax, Mumbai
Business Auxiliary Service - collection of toll / fee - appellant were providing various services to National Highway Authorities of India - Held that:- Appellant herein is not promoting or marketing or selling goods produced by a client nor is he promoting or marketing services provided by the client, inasmuch that undisputedly NHAI is a statutory body which has been constituted by the National Highway Authorities of India Act, 1988; has been in force from 1988 and it gives the NHAI a statutory.....
158
Commissioner of Central Excise, Nashik Versus Raymond Ltd.
Denial of refund claim - Unjust enrichment - respondent discharged the service tax liability under protest - Held that:- If the revenue authorities were not inclined to accept the chartered accountant content certificate, they should have adduced some evidence that the incidence of duty has been passed on nor any further clarification was sought from respondent or their CA. Feeble attempt is made in the grounds of appeal to state that it is not clear as what records were checked by the chartere.....
159
M/s. K.C.P. Ltd. Versus Government of A.P. & Others
Legality of Andhra Pradesh Rectified Spirits Rules, 1971 - Requirement of obtaining a licence and the payment of Excise duty and Pass fee for exporting rectified spirit to be legal - Power of State Government to impose duty on rectified spirit - Held that:- While State Governments are not competent to impose taxes/levies on industrial alcohol, fee charged for services rendered to prevent the diversion and conversion of industrial alcohol for human consumption is permissible and legal; such fee n.....
160
Parisons Agrotech (P) Ltd. Versus State of Kerala
Exemption granted on Invalid F-Form – Invocation of revision jurisdiction – In original assessment appellant was granted exemption on basis of F-forms issued by consignment agent of appellant – Further notice was issued against which court granted stay of all proceedings pursuant to notice – While so, Commissioner of Commercial Taxes issued notice to appellant under section 37 of Kerala General Sales Tax Act, 1963 proposing to set aside assessment order – Whether Commissioner was right in invoki.....
161
State of Tamil Nadu & Another Versus TVL. South Indian Sugar Mills Assn. & Others
Legality of a demand of ₹ 1/- per bulk litre of industrial alcohol manufactured - levy and collection of administrative/regulating service fee - Held that:- It was not incumbent for collections or contributions to be recovered from only those who were directly involved in the subject transactions, since the newly established administrative machinery was necessary for the smooth and legal conduct of the entire business pertaining to the securities market. - if administrative or service char.....
162
Kalyan Chemicals Versus Government of A.P. & Others
Levy of Administrative Fee at the rate of 50 paise per bulk litre - industrial alcohol obtained from a distillery. - Competency of State legislature - Held that:- Appellant contends that the abovementioned amendment cannot be given retrospective effect, and that the fees should be levied at the rate of 7 paise per litre, since this amount was found to be "reasonable and proper" in Vam Organics Chemicals Ltd [1997 (1) TMI 512 - SUPREME COURT OF INDIA] - No ground has been made out for the former .....
163
M/s. Tamil Nadu Petroproducts Ltd. Versus Commissioner, Central Excise, Chennai & Another
Valuation - best judgment assessment - Arm length sales is below the cost of production - related person - interconnected undertaking - Held that:- According to the Department, if the sale price contained in another chart is compared with the cost of production, it is clear that even the sales made to arm's length purchasers is at prices ranging between ₹ 69,000/- and ₹ 85,000/- which is way below cost at ₹ 1,57,548/-. While agreeing with the CESTAT that none of the Central Exc.....
164
M/s. Greaves Ltd. Versus Commnr. of Central Excise & Customs, Aurangabad
Invocation of extended period of limitation - Valuation - Held that:- issue as to what factors should be taken into consideration for arriving at the cost of production was clarified by the Department in its Circular dated 30.10.1996 and on that basis in the case of Commissioner of Central Excise, Ahmedabad vs. Asarwa Mills [2015 (4) TMI 816 - SUPREME COURT], this Court took the view that the assessees could not be faulted with for taking into consideration some of those paras prior to the issua.....
165
Executive Engineer, Mhaishal Pump House (No. 1) Versus Commissioner
Duty demand u/s 11A - Invocation of extended period of limitation - Held that:- On going through the orders of the adjudicating authority which has been upheld by the Customs, Excise and Service Tax Appellate Tribunal [2004 (5) TMI 452 - CESTAT, MUMBAI] as well, we find that there was misstatement/suppression of facts and therefore, the Department was justified in invoking the extended period of limitation. - Decided against assessee.
166
Siddartha Mktg. Services Ltd. Versus Commissioner
Denial of SSI exemption - Use of third party brand name - Held that:- appellant has been using brand name which is connected with some other persons and therefore, the appellant cannot be held entitled to exemption from excise duty as SSI unit. - Decided against assessee.
167
CIMMCO BIRLA LTD. Versus COMMISSIONER OF CENTRAL EXCISE, JAIPUR
Duty demand - Captive consumption - Exemption from duty - whether the inputs/parts which were used for manufacturing of Railway wagons are to be subjected to Excise duty - Held that:- these are intermediate products and captively used and would come within the definition of "manufacture". However, before these goods could be exigible to the Excise duty, it was also incumbent upon the Department to prove that the said parts were marketable. - Department did not lead any evidence to demonstrate th.....
168
M/s Acer India Pvt Ltd Versus Union of India, The Central Board of Excise And Customs, Ministry of Finance Department of Revenue. Technical Officer (Drawback) , Commissioner of Customs (Preventive) , Assistant Commissioner of Customs
Drawback allowable on re-export of duty-paid goods – Barred by Time – Petitioner presented duty drawback claim application before fifth respondent belatedly which was not accepted by fifth respondent on ground that claims were time barred – Held that :- Rule 5 of Rules, 1995 mandates that exporter would be entitled to file claim for duty draw back within outer limit of six months by explaining delay – Reasons for delay was petitioners inability to collect documents at time and file same before a.....
169
Mrs. Govindraj Amutha Versus Customs
Validity/Tenability of conviction order – Plea of Guilt – Petitioner questions validity and tenability of judgment and order of conviction whereby she was convicted under Sections of NDPS Act, 1985 and was sentenced to undergo Rigorous imprisonment with fine – Trial Court accepted statement of petitioner as acceptance of guilt and held that no appeal could have been filed except for legality/severity of sentence – Held that:- Section 229 of CrCP provides that if accused pleads guilty, Judge shal.....
170
D.R. Enterprises Ltd. Versus Assistant Collector of Customs And Others
Import of Printing Machine at concessional rate – High Court refused to allow import of Web Printing Machine on concessional rate of custom duty – However Interim relief sought for release of machinery was allowed but petition was kept pending – Whether High Court was competent to decide matter – Held that:- interim prayer for release of machinery was allowed by High Court – No doubt, when High Court passed interim order in favour of appellant, High Court could have dispose of petition – It was .....
171
Commissioner Versus Ruby Mills Ltd.
Determination of Value of goods - Tribunal vide impugned order reported in [2003 (4) TMI 197 - CEGAT, MUMBAI] set aside commissioner's order holding that failure by importer to produce manufacturer's invoices, value of goods to be determined by depreciating from original value - Supreme court held that as financial implication was merely sum of rupees five lakhs therefore on this ground alone, appeal dismissed.
172
Commissioner Versus Ashirbad Udyog
Duty demand - Confiscation of goods - Notification 85/2013 – High court by impugned order reported in [2014 (1) TMI 122 - MADRAS HIGH COURT], modified order of demand of duty and directed release of goods confiscated immediately - Supreme court dismissed revenues petition and condoned delay - Further that judgement of high court shall not be treated as precedent in any other case.
173
Commissioner Versus Apple India Pvt. Ltd.
Refund of Special Additional Duty (ADC/SAD) - Vide impugned order reported in [2015 (1) TMI 573 - KARNATAKA HIGH COURT], high court dismissed appeal of revenue filed against order of commissioner entitling respondent for refund of special additional duty - Aggrieved by said order of commissioner revenue is before Supreme court - Supreme court dismissed revenue's appeal after condoning the delay.
174
Mrs. Dina Parikh Versus Inter Connected Stock Exchange of India Ltd. (ISE) and Others
Failure to maintain minimum net worth – Deactivation of trading terminal – Refund of membership subscription fees – Held that:- Deactivating terminal does not ipso facto amount to cancellation of membership, so long as membership subsists, appellant was obliged to pay yearly membership subscription – Appellant was repeatedly informed prior and subsequent to making application for cancellation, that payment of annual subscription fees was mandatory – Yet payment was not paid – In these circumstan.....
175
In Re: Cyclonic Bicycles Private Limited, Ethan Agencies Private Limited, Mulberry Fab Text Private Limited, Onset Interiors Private Limited
Scheme of Amalgamation – Dispensing convening of meetings of equity shareholders, secured and unsecured creditors to consider and approve, proposed Scheme of Amalgamation under Section 391(1) of Companies Act, 1956 – Held that:- board of directors of transferor and transferee companies in their separate meetings unanimously approved proposed Scheme of Amalgamation – Equity shareholders and unsecured creditor of transferor and transferee companies have given their consents/no objections in writin.....
176
Commissioner of Income Tax, Shillong Versus M/s Meghalaya Industrial Development Corporation Limited
'Write off' of bad debts - can Assessing officer verify the claim in exercise of powers as provided under provisions of Section 36(2) of the I.T.Act? - CIT(A) and ITAT held that claims on deduction on the ground of 'write off' of bad debts of assessee corporation, having become irrecoverable are covered by provisions of Sub-Section 36(1)(vii) and not under Sub- Section 36(1)(vii-a) of the I.T.Act,1961, we do not find any justification to reopen the issues - Held that:- In the instant case, Asse.....
177
COMMISSIONER OF INCOME TAX Versus INDIAN PETROCHEMICALS CORPORATION LTD.
Investment allowance under section 32A in respect of plant and machinery installed from April 1, 1987, to March 31, 1988, in the assessment year 1989-90 - Tribunal allowed claim - Held that:- Reintroduction of the scheme of investment allowance under section 32A of the Act the intention of the Legislature was to grant the benefit thereunder in respect of plant and machinery installed after 1988 as also to plant and machinery installed during the period April 1, 1987, to March 31, 1988. However, .....
178
National Construction Company Versus Joint Commissioner of Income Tax, Gandhidham Range
Reopening of assessment - reliance on Audit report - Held that:- In a case like this where even while sending the proposal to the higher authority to grant the approval for initiation of the reassessment proceedings, the Assessing Officer still maintain that audit objection raised by the audit party is not valid and/or correct. Therefore, as such it cannot be said that the Assessing Officer had independently formed an opinion and/or had reason to believe independently that the income chargeable .....
179
Condor Footwear (India) Ltd. Versus Deputy Commissioner of Income Tax, Circle-I
Reopening of assessment - Valuation of closing stock - Adjustment under section 145A - inclusion of duty of excise / cenvat credit - Held that:- A.O. made addition on account of adjustment under section 145A of the I.T. Act and the same came to be deleted by the learned CIT(A), thereafter it is not open for the A.O. to reopen the assessment on the same ground. Considering the aforesaid facts and circumstances of the case, it cannot be said that the assessee did not disclose fully and truly all m.....
180
Gurdas Garg Versus The Commissioner of Income Tax (Appeals) , Bathinda And Another
Entitlement to deductions in respect of cash payments in excess of ₹ 20,000/- made to the vendors for land in view of Section 40A - Tribunal denied deductions - Held that:- Tribunal has not disbelieved the transactions or the genuineness thereof. Nor has it disbelieved the fact of payments having been made. More important, the reasons furnished by the appellant for having made the cash payments, which we have already adverted to, have not been disbelieved. In our view, assuming these reas.....
181
Commissioner of Income Tax-III, Hyderabad Versus Unique Plastics Pvt. Ltd.
Violation of rule 46A of the Rules - CIT(A) allowed part claim of assessee of losses accepting additional evidence - Held that:- Once the document is admitted as additional evidence, for the first time at the stage of appeal, the Department is entitled to put forward its own contention or objection vis-a-vis the same. Here again, two aspects become relevant. If the additional evidence is in the form of any document, the Department shall be entitled to examine or to make its own scrutiny of the s.....
182
Pentakota Radhakrishna Versus C.I.T., Visakhapatnam
Taxability of receipt of enhanced compensation - Whether the entire amount of award received by the assessee, shown in his books of account as liability of the trust does not amount to income of the assessee liable to be taxed in his hands under the Income-tax Act? - liabilty to pay gift-tax to the assessment year 1984-85 relevant to the financial year 1983-84 on the amount of award finally received and accounted for in his books of account in the name of the trust 'The P. Sreeramulu Naidu Trus.....
183
CIT. KOLKATA-I Versus M/s ANKIT METAL & POWER Ltd.
Additional depreciation claim - Held that:- We find clause (iia) of section 32(1) provides for further depreciation on any new machinery or plant which has been acquired and installed after the 31st day of March, 2005, by an assessee engaged in the business of manufacture or production of any article or thing at the rate provided to be allowed as a deduction under clause (ii) of the said section.

There is no dispute on facts regarding the assessee having acquired and installed the pl.....
184
PR Commissioner of Income Tax-21 Versus Om Prakash Aggarwal
Assessment u/s 153A - addition towards purchase of property made on the basis of slips recovered during the search - ITAT held that as far as the addition of ₹ 37,80,000 was concerned, since the Assessee had admitted to having paid for the property at ₹ 13,000 per sq.ft but not out of the books, it was "just and proper to restore the issue to the file of AO to afford an opportunity of hearing for the Assessee to explain the detail of the investment before the AO substantiating the fa.....
185
COMMISSIONER OF INCOME-TAX AND ANOTHER Versus JANANI TOURS AND RESORTS (P.) LTD.
TDS liability u/s 194C - hiring of cabs for the purpose of carrying on its business by the assessee - Whether the Tribunal was correct in holding that the assessee is not bound to deduct TDS as the provisions of section 194C are not attracted as no agreement was entered into by the assessee with the other operators, when the assessee has admitted the applicability of section 194C and tax was deducted at source ? - Held that:- This court had an occasion to consider the said substantial question.....
186
COMMISSIONER OF INCOME TAX, CENTRAL-I Versus M/s BINANI INDUSTRIES LTD
Validity of assessment order under section 143(3) - Tribunal held that the assessment order under section 143(3) received by the respondent-assessee on April 13, 2005, was barred by limitation and as such perverse - Held that:- We have before us the affidavit evidence to show that a representative of the assessee, on his own volition and without intimation to the Department, visited the office and found the assessment order ready to be served upon him. We also find from the oral evidence of the.....
187
MRS. NAMRITA CHOUDHARY (LR) (Late H.L. Taneja) Versus COMMISSIONER OF INCOME-TAX AND OTHERS
Addition of tax by way of additional tax under section 143(1)(a) - assessee challenged this additional addition of tax by saying that in a settlement scheme undertaken under the Kar Vivad Samadhan Scheme, 1998, additional tax could not be levied - whether "additional tax" imposed is a tax which can be added to the amount payable as tax under the Scheme in question or it is prohibited from adding the element of "additional tax" while assessment is being made under the Scheme in question - Held th.....
188
C. Krishnamurthy Versus Income Tax Officer, Joint Commissioner of Income Tax
Non furnishing of documents - request of the petitioner cannot be considered as scrutiny assessment has been completed in the assessee case under Section 144 and liability for payment of tax has been established on 31.03.2015 and demand notice has been served on 22.05.2015 - Held that:- The said reason assigned by the first respondent in the impugned order for non furnishing the copy of the documents as sought for by the petitioner, cannot be accepted by this Court for the reason that when the p.....
189
COMMISSIONER OF INCOME-TAX AND ANOTHER Versus QUEST INFORMATICS PVT. LTD.
Eligibility for section 10A deduction - STPI unit is not a new undertaking but formed by splitting up of the existing unit and reconstruction of business already in existence - Held that:- This court had an occasion to consider the similar question in the case of CIT v. Wipro GE Medical System Ltd. reported in [2015 (8) TMI 548 - KARNATAKA HIGH COURT], and in the case of CIT v. Maxim India Integrated Circuit Design (P.) Ltd. reported in [2011 (7) TMI 518 - Karnataka High Court ] and CIT v. Expe.....
190
M/s. P.C. Chandra & sons (India) Pvt. Ltd. & Anr. Versus Deputy Commissioner of Income Tax Officer, Circle – I, Kolkata & Ors.
Demand ex facie - attachment orders - Although in demand said order the assessee has been asked to pay 50 per cent. of the demand, a mere look at the demand would show that the assessee was asked to deposit 100 per cent. of the demand - Held that:- On a reading of paragraph 10 of the assessment order it shows that a sum of ₹ 26,35,09,093 has been added to the income of the assessee on the ground as this income has been added is that the quantity of the pure gold as declared was mixed with .....
191
SRI D. RAMA RAO M/s RAMA PUBLIC SCHOOL Versus THE ASST. COMMISSIONER OF INCOME TAX VJA
Penalty under Section 271(1)(c) - unapproved expenditure - appellant filed a revised return showing the additional income after claiming the expenditure - Held that:- It is, no doubt, true that the appellant filed a revised return on 30.11.1995 as a sequel to the survey conducted in his premises. It is not a case where any search was conducted or any definite amount was unearthed in the course of the same. The figures pointed out against the appellant are on the basis of projections based upon .....
192
Tata Technologies Ltd. Versus The Dy. Commissioner of Income Tax, Circle 8, Akurdi, Pune and Vice-Versa
Disallowance of software expenditure - revenue v/s capital expenditure - Held that:- In view of the ratio laid down by the Hon'ble Bombay High Court in CIT Vs. Raychem RPG Ltd. (2011 (7) TMI 953 - Bombay High Court), where the expenditure has been incurred for facilitating the business and which does not form part of profit making apparatus, then the software expenditure is to be allowed as revenue expenditure. The assessee was the acquisition of software programmes which in turn, were utilized .....
193
Balaji Coal Private Limited Versus DCIT-1 (1) , Indore
Unexplained share capital/share application money - Held that:- Factual finding recorded in the assessment order as well as impugned order and the assertion made by the ld. respective counsel are kept in juxtaposition and analysed, we find that the Tribunal has already deliberated upon various judicial pronouncements including the off-quoted decision from Hon'ble Apex Court in the case of Lovely Exports Ltd.; [2008 (1) TMI 575 - SUPREME COURT OF INDIA].

In the present appeal the fund.....
194
The ACIT, Aurangabad. Versus M/s. Ambarwadikar & Co., Engineers & Contractors
Method of accounting - recognition of income - determination of value of WIP - accounting for construction contracts (AS7) of the Institute of Chartered Accountant of India - CIT(A) directing to take WIP for A.Y. 2001-02 at ₹ 3 Crs and not ₹ 4.94 for Ghatprabha Project as adopted by the AO - carrying forward of losses as per the revised return

Held that:- The bill raised by the assessee has been accepted by the department and for whatever reason an amount of ₹ 2.88 c.....
195
Smt. V. Dhanalakshmi and Others Versus The Dy. Commissioner of Income-tax, Central Circle IV (1) , Chenna
Disallowance of interest availed by the assessee towards housing loan - Held that:- This Tribunal is of the considered opinion that that the assessee has diverted a sum of ₹ 70 lakhs borrowed for the purpose other than construction. Under section 24 of the Income-tax Act, the interest paid by the assessee on the loan borrowed has to be allowed only from the rental income. Since the loan borrowed was diverted for the purpose other than construction, this Tribunal is of the considered opinio.....
196
Deputy Commissioner of Income Tax (TDS-I) , Pune Versus Grant Medical Foundation
Penalty u/s. 271C - assessee failed to deduct tax u/s 192 on the payments to doctors drawing fixed remuneration which are essentially in the nature of 'Salary'- CIT(A) deleted the penalty - Held that:- As per the explanation of the assessee, in our opinion the order of the Ld. CIT(A) has to be confirmed for the reason that admittedly it is not a case of non-deduction of the tax or after deducting or collecting the tax, not depositing the same with the Govt. As per the plea of the assessee, it i.....
197
Joint Commissioner of Income Tax, Circle-6 (1) , New Delhi and Assistant Commissioner of Income Tax, Circle-6 (1) , New Delhi Versus M/s MIL India Limited
Disallowance of 50% provision of warranty - CIT(A) deleted addition - Held that:- As find from the figures for nine years the provision was almost equal to the actual expenditure incurred in this regard. In most of the years, the provision made was less than the expenditure incurred. Only in two years, in the financial years 2002-03 and 2008-09, the provision marginally exceeded the actual expenditure incurred. From the above chart, it is evident that the provision made by the assessee was a fai.....
198
Dy. Director of Income Tax, Circle-6 (1) , New Delhi Versus Micron Instuments Pvt. Ltd.
Deduction of interest - Whether CIT(A) has erred in allowing the deduction of interest as revenue expenditure even though the same was never claimed by the assessee in the return of income? - Held that:- It is not in dispute that the assessee paid instalment towards conversion charges of land and the asset was already in existence and the business of the assessee was running from the very same factory premises. Learned counsel of the assessee fairly accepted that the assessee neither made any cl.....
199
Dashrathbhai V Patel, Gujarat Multi Gas Base Chemicals Pvt Ltd, Manek Chemicals Pvt LTD, Kirit V Patel, Gujarat Minechem Versus Deputy Commissioner Of Income Tax
Challenging the levy of surcharge u/s 113 - block assessment - Held that:- The Hon'ble Supreme Court in the case of Vatika Township Pvt. Ltd. (2014 (9) TMI 576 - SUPREME COURT) has held that the proviso appended to Section 113 by Finance Act, 2002 is to operate prospectively w.e.f. 1st June, 2002. As in this case the search was conducted on 16th of December, 1999; therefore, surcharge is not to be levied. We accordingly allow this Application of the Assessee. - Decided in favour of assessee.
200
Aditya Birla Finance Ltd (Formerly Known As Birla Global Finance Company Ltd) And Others Versus Asstt Commissioner of Income Tax And Others
Disallowance u/s. 14A read with rule 8D - Held that:- In this case, the AO has straight away applied Rule 8D, which is not applicable for the year under consideration in the light of the decision given by Hon'ble Bombay High Court in the case of Godrej & Boyce Mfg. Company Ltd. (2010 (8) TMI 77 - BOMBAY HIGH COURT). Even in case Rule 8D is applicable still the same cannot be applied straight away ignoring the calculation given by the assessee. The disallowance under Rule 8D can be made if AO is .....
201
Commissioner of Income-tax, Central Circle, Bangalore Versus Wipro GE Medical System Ltd.
Entitlment to the benefit under Section 10A - two undertakings commenced in second and sixth floors of Golden Enclave situate in Software Technology Park - Held that:- In the background of the law, if we look at the facts of the case, the assessee set up an undertaking in the third floor of the Golden Enclave which is a software technology park. It was commenced prior to 1993. It is enjoying the benefit under Section 80HHE of the Act. It is not eligible for the benefit under Section 10A of the A.....
202
UNION OF INDIA Versus KAMAKHYA COSMETICS AND PHARMACEUTICALS
Area based exemption - modification - doctrine of promissory estoppel - exemption of Central Excise Duty in the Northeastern region for a period of 10 years - Government of India issued separate modified notifications under Section 5A of the Act of 1944 and under Section 3 of the Act of 1957, whereunder the concessions of exemption of 100% excise duty was modified and limited to the extent of value addition with varying rates of exemption of the central excise duty - Validity of such modified no.....
203
ZUARI CEMENT LTD. Versus REGIONAL DIRECTOR, E.S.I CORP. & ORS.
Jurisdiction of ESI Court - exemption under Employees State Insurance Act, 1948 - Held that:- Employees Insurance Court is a tribunal specially constituted for the purpose of deciding any controversy that may arise on the matters enumerated in Section 75 of the Act. A reading of Section 75 of the Act would show that the ESI Court has full jurisdiction to decide all the matters arising between the employer and the Corporation under the Act. Section 75 of the Act sets out the matters to be decide.....
204
Larsen & Toubro Ltd. Versus Commissioner of Service Tax, Mumbai II
Denial of refund claim - Business Support Service or manpower recruitment service - Service tax paid mistakenly on an amount which was collected by them from their sister concern for deputing manpower - Held that:- appellant has deputed their own employees to their sister concern and based on accounting entries of recovery of cost of such employees, under mis-understanding of law paid the service tax liability under Business Support Service. The adjudicating authority as well as the first appell.....
205
M/s. Power Network Engineers Pvt. Ltd. Versus Commissioner of Central Excise, Guwahati
Exemption under Notification No.45/2010 dated 20.7.2010 - erection, commissioning or installation services and works contract services - Held that:- It is Assessee's contention that after 22.6.2010, it needs to be verified whether the appellant are eligible to the Notification No.32/2010-ST dated 22.6.2010 for rendering services relating to distribution of electricity. Both sides agree that for this limited purpose to ascertain the eligibility to the benefit of exemption Notification No.32/2010.....
206
Commissioner of Central Excise, Aurangabad Versus Sterlite Optical Technologies Ltd.
Demand of service tax - Commission agent service - Reverse charge mechanism - Held that:- For the demand of service tax liability under reverse charge mechanism from 01.04.2003 to 18.04.2006 the adjudicating authority is correct in dropping the demands as during the relevant period provisions of Section 66A of the Finance Act, 1994 were not in statute. Provisions of taxing an amount paid by an assessee in India under reverse charge mechanism was brought into statute from 18.04.2006. This law is .....
207
Hindustan Petroleum Corporation Ltd. Versus Commissioner (Appeals) , Central Excise, Mumbai I
Benefit of abatement of 75% - whether the appellant as a recipient of GTA services is eligible for exemption under Notification No.32/2004-ST dated 03.12.2004 without fulfilling the conditions mentioned therein - absence of any declaration from the transport contractors regarding non-availment of CENVAT Credit and also that the declarations were not in respect of the units where the credit was availed - Held that:- On perusal of the declaration forms which were produced by learned Counsel we fin.....
208
M/s. Bhawani Metal Agencies Versus Commr. of Central Excise-Ranchi
Waiver of pre deposit - Subsequent deposit of tax - Held that:- Commissioner (Appeals) dismissed the appeal on the ground of default in making pre-deposit. We find that the appellant had subsequently deposited the entire amount of service tax, which in our opinion is sufficient to hear their appeal. Consequently, we remand the matter to the Ld. Commissioner (Appeal) for deciding the issue afresh, on merit, without insisting for any pre-deposit - Decided in favour of assessee.
209
M/s. Rani Motors Versus CCE-Shillong
Delay in filing of appeal before commissioner (appeals) - Bar of limitation - Held that:- Appellant for the first time has raised an issue before this forum that certified copy of the order in addition to original copy of the order is necessary for the purpose of filing an appeal. However, this plea was not taken before the ld. Commisisoner(Appeals) and therefore he had no occasion to record his findings on this issue. Accordingly I am of the opinion that the case requires to be remitted back to.....
210
Veer Service Station, Delhi Petrol Dealers Association & Another, BPCL Petrol Dealers Association & Others, Northern Service Station Versus GNCT of Delhi & Others, The Commissioner, DVAT & Others
Levy of tax on 'deemed sale price' – Constitutional validity – Explanation 2, Section 2(1)(zd) – Prior to amendment to Explanation to Section 2 (1) (zd) input tax liability was included in sale price and passed on to purchaser – However by explanation 2 VAT was to be levied on price charged for sale which was yet to take place – sale and purchase of petroleum products - It was assailed by petitioners that it was contrary to statutory provisions, concept of VAT and completely deprives dealers of.....
211
ARS Rathinam Agencies Versus The Commercial Tax Officer
Validity of order - opportunity of being heard no provided - Violation of principle of natural justice -Violation of mandatory conditions mentioned under Section 22(4) of the Tamil Nadu Value Added Tax, 2006 - Held that:- Court finds no justification whatsoever to accept the impugned order, since the contention made by the learned counsel for the petitioner that there has been violation of mandatory conditions mentioned under Section 22(4) of the 2006 Act deserves acceptance, as there was no pr.....
212
Raha Oils (P) Ltd. Versus Commissioner
Waiver of pre dpeosit - Exemption under the Notification No. 89/95-C.E. - Supreme Court dismissed the appeal filed by the assessee against the decision of High Court [2014 (9) TMI 527 - Madras High Court], however, granted another three weeks' time from today to the petitioner to comply with the orders and directions issued by the High Court. High Court in the impugned order held that With regard to the nature of manufacturing activity carried on by the appellant and the process viz., refining p.....
213
N.P. Agro (I) Industries Ltd. Versus Commissioner
Duty evasion - Clandestine removal of goods - Reversal of MODVAT Credit - Supreme Court after condoning the delay dismissed the appeal filed by the assessee against the decision of High Court [2014 (10) TMI 720 - ALLAHABAD HIGH COURT]; wherein Tribunal held that Appellant has manufactured and removed the goods without payment of duty as per the details given in the order of authorities below. The circumstances goes long way coupled with other materials are sufficient to prove that there had been.....
214
PURVI FABRICS & TEXTURISE (P) LTD. Versus COMMR. OF C. EX., JAIPUR-II
Claim of Interest on refund - Tribunal has not dealt with the same at all in its order [2004 (7) TMI 131 - CESTAT, NEW DELHI]. - Held that:- contention is specifically noted in the impugned judgment but there is no finding on the same by the Tribunal. Likewise, the Commissioner had also not dealt with this aspect. - Matter remanded back - Decided in favour of assessee.
215
COMMISSIONER OF CENTRAL EXCISE, HYDERABAD Versus I.T.C. BHADRACHALAM
Denial of refund claim - Payment made under protest - Unjust enrichment - Held that:- payment in question for which refund was sought was made under protest and also that the assessee had not passed on the burden of Excise duty, so paid, to the ultimate consumers. On these facts the question of unjust enrichment in the present case does not arise - Decision of HC [2004 (3) TMI 83] sustained - Decided against Revenue.
216
NTB INTERNATIONAL (P) LTD. Versus COMMISSIONER OF CENTRAL EXCISE, THANE
Classification of goods - manufacture of nylon and leather belt, nylon and rubber belt and nylon and textile belt - Held that:- tribunal rightly classified under Chapter Heading 4201.90 and 4010.00 and 5908.00 respectively. It is misconceived on the part of the appellant argued that simply because of plastic was one of the inputs it would still retain its characteristics as plastic and should have been classified under Heading 3926.90. -

Not only the products manufactured are wholly .....
217
The Superintendent of Customs Versus Smt. Sareebdeen Juwairiya
Jurisdiction of Magistrate to remand – Petitioner was produced before Magistrate for remand however refused to remand accused stating that when Magistrate, Alandur was having jurisdiction to conduct Trial and had jurisdiction over area of occurrence, then said court alone was competent to remand accused – Held that:- Section 57 of CrPC prohibits detention in police custody of accused beyond 24 hours without producing him before Judicial Magistrate – Officer arresting accused has to produce accus.....
218
M/s. Nitish Tools Pvt. Limited Versus Customs, Central Excise & Service Tax, Settlement Commission, The Commissioner of Central Excise, The Commissioner of Customs
Settlement of case – True and full Disclosure – Petitioner challenges order passed by respondent-1 by which, applications seeking immunity by way of settlement of disputes, came to be dismissed on ground of failure of petitioners to make full and true disclosure of duty liability under Section 127(B)(1) – Held that:- fundamental requirement of application under Section 127-B was full true and candid disclosure by applicant of liability to pay duty which was not disclosed before proper officer –.....
219
Sanman Trade Impex Pvt. Ltd. Versus Commissioner
Valuation of goods - DEPB benefits - Tribunal in impugned order reported in [2014 (12) TMI 812 - CESTAT MUMBAI] held that FOB value as declared by assesse was not actual transaction value/FOB value but were highly inflated for claiming DEPB benefits or for bringing in illegally obtained foreign exchange - Aggrieved by said order of tribunal assesse appealed before Supreme Court which was also dismissed.
220
J.N. Textiles Versus Commissioner
By impugned order reported in 2014 (9) TMI 400 - Madras High Court, high court arrived at the conclusion that in facts and circumstances of case conclusion of Tribunal that goods imported were Mulberries Silk Grade IV A which did not attract Anti-dumping duties and issuance of show cause notice after period prescribed was not legally sustainable as there was no intention on part of importer to evade duty was held incorrect - Petition was filed challenging said order of high court - Supreme court.....
221
M/s. Ram Kaashyap Investment Limited and A. Venkatramani Versus Securities & Exchange Board of India
Restraining from Accessing securities – Several complaints from investors regarding non receipt of "Composite Application Forms" for subscribing to rights issue of company and several other discrepancies were noticed by which access to security was stayed – Held that:- Since appellant No.1 had floated rights issue, it was primary responsibility of appellant No.1, to ensure that CAFs were dispatched in manner specified under regulation 54(1) of ICDR Regulations, 2009 – Since appellant No.1 failed.....
222
In Re: R.C. Sood & Co. Private Limited, J.R. Sood & Co. Private Limited
Scheme of Amalgamation – Dispensing convening of meetings of equity shareholders, secured and unsecured creditors to consider and approve, proposed Scheme of Amalgamation under Sections 391 to 394 of Companies Act, 1956 – Held that:- board of directors of transferor and transferee companies in their separate meetings unanimously approved proposed Scheme of Amalgamation – Equity shareholders, secured and unsecured creditor of transferor and transferee companies have given their consents/no objec.....
223
Justice K.S. Puttaswamy (Retd.) & Another Versus Union of India & Others
Constitutional Validity of use of Aadhaar card – Right to Privacy – Respondent while relying upon decision of Supreme court in M.P. Sharma & Others v. Satish Chandra & Others [1954 (3) TMI 1 - SUPREME COURT OF INDIA] and Kharak Singh v. State of U.P. & Others [1962 (12) TMI 67 - SUPREME COURT OF INDIA] contended that legal position regarding existence of fundamental right to privacy is doubtful – Therefore such matters were required to be heard and decided by larger bench of at least five Judges.....
224
Commnr. Of Income Tax, Guwahati-I Versus M/s. Meghalaya Steels Ltd.
Existence of substantial questions of law - whether deductions to be made under Section 80IB of the Income Tax Act, 1961 were allowable on facts? - Held that:- We find that as a matter of fact what assessee has argued before us is reiterated by the very Division Bench which heard and reserved judgment on 16.09.2010 (9) TMI 679 - GAUHATI HIGH COURT ]. By the review order dated 08.04.2013 [2013 (12) TMI 369 - GAUHATI HIGH COURT ], the Division Bench felt that it should not have gone into the matt.....
225
COMMISSIONER OF INCOME-TAX Versus CENTRAL BANK OF INDIA
Entitlmnet to deduction under section 80M on the dividends - gross dividend or net dividend – Held that:- Deduction under section 80M has to be calculated with reference to the amount of interest computed in accordance with the provisions of the Act after deducting interest on monies borrowed for earning such income and not with reference to the full amount of dividend received by the assessee - Judgment of HC [2003 (4) TMI 49 - BOMBAY High Court] sustained as Tax effect is nominal and the matte.....
226
COMMISSIONER OF INCOME-TAX Versus HARRISON MALAYALAM LTD.
Entitlement to deduction u/s 80HHC - Profits derived from export - assessee had exported tea and had received sale proceeds in foreign exchange - AO found that there was a loss from Kerala tea and only a small profit from Tamil Nadu tea. The net result of trading in tea was a loss. The business income included in the total income is actually the income from the other activities and income from services rendered. After setting off the losses from tea the deduction is not permissible as section 8.....
227
COMMISSIONER OF INCOME-TAX AND ANOTHER Versus CENTURY PARK
Maintainability of appeal - low tax effect - as decided by HC [2012 (3) TMI 417 - KARNATAKA HIGH COURT] in view of the Circular No. 3 of 2011 it is held to be retrospective in operation by this court and it is applicable to pending appeals this appeal is not maintainable on the ground of being less than the monetary limit - Held that:- Liberty is given to the Department to move the High Court pointing out that the Circular dated February 9, 2011, should not be applied ipso facto, particularly, w.....
228
AVASARALA TECHNOLOGIES LTD. Versus JOINT COMMISSIONER OF INCOME-TAX
Depreciation on machinery purchased from Andhra Pradesh State Electricity Board - Held that:- All the authorities below have found, as a fact, that there was no such purchase of machinery and the transaction in question is sham. On that basis, it was concluded that since the machinery was not purchased by the appellant, it never became the owner of the machinery and, therefore, could not claim any depreciation thereof. These are pure findings of facts recorded by the authorities below. No questi.....
229
DEPUTY COMMISSIONER OF INCOME-TAX Versus BUDHEWAL CO-OPERATIVE SUGAR MILLS LTD.
Disallowance of legal claim of deduction u/s 80-P(2)(a)(iii) wherein the appellant having inadvertently claimed deduction only u/s 80-P(2)(d) - As decided by HC [2012 (5) TMI 180 - PUNJAB AND HARYANA HIGH COURT] since appellant-sugar mill is engaged in marketing of agricultural produce of its members, it is entitled for the exemption as provided under Section 80-P (2) (a) (iii) - Held that:- In view of the order passed in Morinda Co-operative Sugar Mills Ltd. v. CIT [2012 (9) TMI 847 - SUPREME .....
230
ALEXANDER GEORGE Versus COMMISSIONER OF INCOME-TAX
Capital gain on transfer of aricultural land - appeal decided in favour of revenue by HC [High Court Reference - 2003 (1) TMI 49 - KERALA High Court] - Held that:- The tax effect in the present case is ₹ 4,22,830. On this ground alone, we refuse to entertain the appeal and to decide the same on the merits. - Decided against assessee.
231
PATIRA FOOD PRODUCTS PVT. LTD. Versus ASSISTANT COMMISSIONER OF INCOME-TAX
Allowance of depreciation for the block period - Whether the Tribunal is right in law in upholding the disallowance of depreciation under section 158BC by considering it as undisclosed income for the assessment year 1995-96 even though the date of filing the return of income has not expired when search took place and no return was yet filed by the assessee also confirmed by High Court [2002 (9) TMI 12 - GUJARAT High Court] - Held that:- As appellant informs us that the appellant-company has alr.....
232
PR. Commissioner of Income Tax-09 Versus Tupperware India Pvt. Ltd.
Legality of reassessment proceedings - ITAT held it to be illegal - non deduction of TDS on management service fee paid - Held that:- There was a failure by the AO to comply with the mandatory requirement of disposing of the objections of the Assessee to the reopening in terms of the law explained by the Supreme Court in G.K.N. Driveshafts (India) Ltd. (2002 (11) TMI 7 - SUPREME Court) as well as on account of the failure of the Revenue to challenge before the ITAT the order of the CIT (A) delet.....
233
The Commissioner of Income Tax, Patiala Versus M/s. H.M. Steels Ltd.
Deduction u/s 80IC - whether sales tax rebate to be included as profit derived from Industrial Undertaking and eligible as deduction u/s 80IC - Held that:- On a parity of reasoning and on an analysis of section 80- IC, it must be held that any industrial undertaking or enterprise would be entitled to deduction under sub-section (1) only to the extent of profits derived from such an industrial undertaking and not on account of any rebate or incentive made available to it by the Government. The .....
234
COMMISSIONER OF INCOME TAX Versus LABH CONSTRUCTION & IND. LTD
Interest payment under Section 201(1A) on late payment of TDS - Tribunal confirming the order passed by the CIT (A) directing the A.O. to recalculate the interest payment from the date of deduction of TDS to the date of assessment of payee or after the date of actual payment of TDS, whichever is earlier - Held that:- In our opinion, when the assessee company had to pay the tax on behalf of the payee companies and when the payee companies themselves had not to pay any tax, subsequent to such dec.....
235
CIT Versus M/s. Bharat Hotels Ltd.
Expenditure incurred on laying marble flooring - allowable as revenue expenditure/current repairs or capital expenditure - Held that:- In Comfort Living Hotels P. Ltd. v. Commissioner of Income Tax [2014 (3) TMI 585 - DELHI HIGH COURT ] it was held by this Court that the expenditure incurred on removing the walls to increase the sitting capacity of a bar in a hotel should be treated as revenue expenditure since it was incurred to enhance the business profit.

The court is of the view.....
236
Commissioner of Income Tax-II, Mumbai Versus Sri Adhikari Bros.
Rectification of mistake - Whether claim for deduction under Section 35D allowed in respect of expenses incurred in connection with private placement of equity shares is amenable to rectification by the Assessing Officer under Section 154? - Whether Section 154(1A) of the Act is no bar to rectification by the Assessing Officer under Section 154 of the Act? - Held that:- This very issue was agitated by the revenue at the hearing of the appeal. In fact, the revenue's submission that the assessee .....
237
Commissioner of Income Tax, Central- 1 Versus Mr. Sri Chand Gupta, Mrs. Usha Rani Gupta, Mr. Gian Chand Gupta
Treatment of the currency seized during the search and seizure operations conducted u/s 132 - Assessees claim that the amounts seized to be accounted for as payment of advance tax on the date of seizure and interest chargeable under Section 234A, 234B and 234C of the Act ought to be computed accordingly confirmed by Tribunal - according to the Revenue, it cannot be treated as payment of tax till the filing of the return by the Assessee surrendering the seized amount as payment of tax or a demand.....
238
M/s. Escapade Resorts Pvt Ltd Versus The Assistant Commissioner of Income Tax
Benefit of Section 80IA - as per Tribunal the initial assessment year for the purpose of Section 80IA is the assessment year 1999-2000 - Held that:- In Section 80IA itself, the term 'initial assessment year' has been defined as the assessment year relevant to the previous year in which the hotel has started functioning its business. Admittedly, the hotel has started business in the previous year relevant to the assessment year 1999-2000. Therefore, even if the approval of the authority is with e.....
239
Commissioner of Income Tax Versus M/s. Arun Textiles Pvt. Ltd.
Entitlement to claim deduction under section 80-IA - Held that:- The business undertaking of the assessee is wind mill power generation/hosiery goods, etc., and it has claimed the benefit of deduction under Section 80IA of the Income Tax Act for the assessment year in question and for the subsequent years as well. Having exercised its option and its losses have been set off already against other income of the business enterprise, the assessee in this appeal falls within the parameters of Section.....
240
COMMISSIONER OF INCOME-TAX Versus CHANDMAL SARAWGI AND CO.
Undisclosed income - addition on the basis of dairy found during the search - Tribunal based on the oral and documentary evidence has come to the conclusion that the addition of the amount of the income of the assessee was illegal and upheld the order of the Commissioner of Income-tax (Appeals) with elaborate discussion with reference to the evidence - Held that:- The documents seized, i.e., GD-8 to GD-12 are admitted and belongs to Hazarimal Bajaj and not the assessee, therefore, such admission.....
241
CIT JAIPUR Versus M/s JAGDISH NARAIN RATAN KUMAR
Estimation of sales - Tribunal held that the assessments, on estimation, were not permissible, on the face of the material, which was found during the search, and statement made by the assessee - Whether ITAT was justified in approving finding of the CIT (Appeals) for reaching to conclusion about estimate of sales from ₹ 7,59,000 to ₹ 5 lakhs only ? - Held that:- After the seizure on October 10, 1990, the chartered accountant of the assessee had sent a clarification on December 8, 19.....
242
COMMISSIONER OF INCOME-TAX AND ANOTHER Versus SHAMANUR KALLAPPA AND SONS
Deduction under section 80HHC denied - AO disallowed the said claim on the ground that the STC had declared loss, they had not earned any profit out of such exports. Secondly, on the ground that the deduction under section 80HHC of the Act is permissible only when the realisation is in foreign exchange - ITAT allowed claim - Held that:- To attract the said provision, the supporting manufacturer who sells the goods or merchandise to the export house or trading house, the export house and trading .....
243
The Commissioner of Income Tax 8 Versus M/s. Apna Organics Pvt. Ltd.
Delay in proceedings initiated in terms of section 158BD - Held that:- CIT (A) and Tribunal were justified in arriving at a finding that the proceedings initiated in terms of section 158BD are vitiated by enormous and unexplained delay. The search conducted in two cases on August 24, 1998, concluded on October 23, 1998. The intimation issued under this provision is of October 4, 2005. The Tribunal applied the judgment of Manish Maheshwari v. Asst. CIT reported in [2007 (2) TMI 148 - SUPREME CO.....
244
Anurag Kashyap Versus Union of India & Others
Non issuance of acknowledgement of discharge of service tax - Tax paid through VCES - Held that:- When the petitioner raises appropriate defences and files a reply to the show cause notice or if it is already filed during the course of his submissions which could be oral, he will be able to point out that he had availed of The Service Tax Voluntary Compliance Encouragement Scheme and complied with the same particularly of the requirement or procedure for making declaration of the payment of tax .....
245
M/s. Bombay Intelligence Security (India) Ltd. Versus Commissioner of Service Tax, Mumbai-II
Demand of service tax - appellant is engaged in providing security services and also other services like cleaning services, services to SEZ units and some non-taxable services - difference in gross value of taxable service as shown in ST-3 returns, as compared to turnover as per Books of Account. - held that:- Other than security services, the appellant also provided services like caretaking services, driving services, loading and unloading services, fire fighting services which are not covered .....
246
Commissioner of Service Tax, Mumbai Versus M/s. Jaybharat Automobiles Ltd. and vice-versa
Business Auxiliary service - services provided to bank as direct sales agents (DSA) by authorized car dealers - agreements to arrange loans - Quantum of commission - Imposition of penalty - Invocation of extended period of limitation - Suppression of facts - Held that:- Appellant were paying service tax on the commission received from other DSAs such as Kotak Mahindra Pvt. Ltd. and ICICI Bank - cross-examination of bank official is not necessary for such a simple factual matter. The bank has cl.....
247
JEEVAN TELECASTING CORPORATION LTD. Versus C.C.E.,C. & S.T., COCHIN
Waiver of pre deposit - Mandatory pre deposit - whether the petitioner would have to deposit the amount of 7.5% of the tax confirmed against him, as a condition for pursuing the appellate remedy before the Tribunal - Held that:- petitioner, in whose case also the lis commenced in 2013, would not be required to deposit the amount of 7.5%, as required pursuant to the 2014 amendment, and in that respect, he would have an efficacious alternate remedy before the Tribunal where he can file an appeal, .....
248
Commissioner Versus Capiq Engineering Pvt. Ltd.
Maintainability of appeal - Monetary limit - Held that:- Division Bench of this Court in the case of Commissioner of Central Excise & Customs v. Stovec Industries Ltd., reported in [2013 (1) TMI 72 - GUJARAT HIGH COURT] held that in view of instruction dated 17-8-2011, tax appeal below ₹ 10 lakh is not maintainable and this instruction also applies to the pending appeal. Following the aforesaid decision of the Division Bench, we dismiss these tax appeals as not maintainable - Decided against Revenue.
249
K. Shyamsundar Versus Commissioner
Appointment of Members of CESTAT - Appointment on reserved category - By notification/advertisement dated 17.8.2009, applications came to be invited for appointment to the post of Member (Technical), CESTAT - Supreme Court dismissed the appeal filed by the appellant against the decision of High Court [2014 (4) TMI 846 - BOMBAY HIGH COURT] wherein High Court There is no scope to assume that the Petitioner was mislead into believing that any posts had been reserved for the Members of Scheduled Cas.....
250
Ruchi Soya Industries Ltd. Versus State of Tripura
Undervaluation of goods – Seizure – Petition was filed against seizure of undervalued goods, it was found that entire seized goods were auctioned and sold in public auction – Whether order of seizure was proper – Held that:- after perusal of records, manner in which goods were seized and sold were highly improper – power to seize was granted only when goods were without documents or were not supported by documents – In present case documents were there admittedly, documents were not forged but a.....
251
The Commissioner of Sales Tax, Maharashtra State. Versus M/s Jalani Tools (India) Ltd
Tools-open jaw spanners – Interpretation of Entry – Entry 6(ix) of BST and Entry 14(iv)(ix) of CST – Whether interpretation of Entry 6(ix) of Bombay Sales Tax Act, 1959 and Entry No.14(iv)(ix) of Central Sales Tax Act, 1956, "tools – open jaw spanners" attract tax liability @ 4% or should be treated as Entry No.102 of BST, 1959 – Held that:- iron and steel were main descriptive part as per entry 14(iv)(ix) – Upon careful perusal of Entry in question, CST and BST has identical entry – Supreme Cou.....
252
Foods, Fats and Fertilizers Ltd. Versus State of Kerala and others
Whether industrial margarine was liable to attract only lesser rate of tax, as "edible oil" given under entry 38(19) (d) of KVAT Act, while relying upon decision of supreme court in Aluva Sugar Agency v. State of Kerala [2011 (9) TMI 11 - Supreme Court of India] by which decision of this court in SSD Oil Mills Company Ltd. v. State of Kerala [2010 (6) TMI 732 - KERALA HIGH COURT] was reversed – Held that:- Supreme Court observed that, expression used in Government Notification, using words "such.....
253
COMMISSIONER OF CENTRAL EXCISE, NASHIK Versus PRAKASH PRODUCTS
Denial of refund claim - closure of the factory for 15 days or more is not in a particular calendar month and it is spilling over in two months - manufacture of "Gutkha" - production capacity based duty - Notification No. 30/2008-C.E. (N.T.), dated 1-7-2008 - Held that:- abatement is provided in case the factory did not produce the notified goods during any continuous period of 15 days or more, the duty calculated on a proportionate basis shall be abated in respect of such period. In the said Ru.....
254
UTC FIRE AND SECURITY INDIA LTD. Versus COMMISSIONER OF C. EX., BELAPUR
Valuation of goods - Captive consumption - same or such goods - Commissioner (Appeals) has accepted the cost produced by the assessee but referred the wrong rule - tribunal reversed the decision of commissioner (appeals) - Held that:- Though in the Show Cause Notice the Assistant Commissioner had mentioned the applicability of Section 4(1)(a) of the Act, even he abandoned that course of action while passing the order. In the final order passed by him, he accepted that the case was covered by Sec.....
255
COMMISSIONER OF CENTRAL EXCISE Versus MARUTI SUZUKI INDIA LTD.
Clandestine removal of goods - Shortage of goods - Held that:- Respondent had pointed out that this was due to accounting errors and there was no "shortage" in fact because of the reason that in respect of many inputs even stocks in excess was found. It was demonstrated before the authorities that though the shortage of the inputs was to the tune of ₹ 25.67 crores, at the same time many other inputs were in excess and those figures were to the tune of ₹ 27.59 crores during the same p.....
256
COMMISSIONER OF C. EX., COCHIN Versus ITI LTD.
Valuation - inclusion of value of software into the value of hardware - Classification of goods - CD doc entry subscription - Classification under sub-heading 8517.00 or under Chapter sub-heading No. 8524.90 - Held that:- matter is squarely covered by the judgment of this Court in 'Commissioner of Customs, Chennai v. Pentamedia Graphics Ltd.' [2006 (5) TMI 90 - SUPREME COURT OF INDIA], in favour of the assessee - Decided against Revenue.
257
CHIEF COMMISSIONER OF C. EX., BANGALORE Versus P. LAXMINARAYAN REDDY
Violation of Rule 3(1)(i), (ii), (iii) of Central Civil Services (Conduct) Rules, 1964 - violation of the principle of natural justice - Reinstatement of wages - Inspection of premises with search authorization - Held that:- Having regard to the charges framed against the officer, the punishment imposed is proportionate to the gravity of charges proved against him. Learned Additional Solicitor General appearing for the petitioner submits out that the matter should be sent back to the Disciplinar.....
258
Commnr. of Customs, Bangalore Versus M/s. Ge Be Ltd. & Anr.
Import of Ultrasound Systems, probes, and their parts and components. – Exemption on specific types – Commissioner apprehended that exemption under Notification of 2000 was restricted only to specific type of ultrasound system, namely, A scan and if it had additional feature, such as B scan and M scan, those were excluded by implication – Tribunal vide impugned order decided that systems having additional features would not be denied exemption – Held that:- if equipments can be used in multiple .....
259
Commissioner of Customs & Service Tax Versus M/s. SDV International Logistics Ltd.
Renewal of Customs Brokers License – Rejected – Misconduct and suppression of information – Respondents application for renewal of License was rejected by Appellant, on ground of information of misconduct received from various port of country, therefore, show cause notice was issued – Tribunal by impugned order reversed decision of Commissioner – Held that:- Commissioner denied renewal of licence primarily on ground that there was complaint of misconduct and also because respondent had suppress.....
260
Jai Bharat Steel Co. Versus Commissioner
Restoration of appeal - Doctrine of merger - Vide impugned order reported in [2013 (10) TMI 124 - GUJARAT HIGH COURT] Gujrat high court upheld tribunals decision, dismissing application submitted for restoration of appeal - Apex Court dismissed the appeal after condoning the delay.
261
ANSUN SYSTEMS CONSULTING PVT. LTD. Versus COMMISSIONER OF CUS. (PORT)
Demurrage Charges – Grievance of petitioner was that goods were unnecessarily incurring demurrage charges – Held that:- Commissioner directed to assess provisional redeemable value of goods and said assessed amount will be deposited by petitioner with Commissioner – Imported goods to be warehoused in private godown hired by petitioner – Goods will be stored in godown subject to re-inventory by Customs at time of storing and will be subject to Special Officer's supervision and control – Applicati.....
262
D.K. JAIN Versus COMMISSIONER OF CUSTOMS
Issuance of Detention certificates – Recovery of demurrage and rent - Petitioner contended that detention certificates were not issued qua five (5) bills of entries, imported by him – As detention certificates were not issued, demurrage and rent was incurred – Petitioner submits that charges incurred towards demurrage and rent have to be recovered from CONCOR – Held that:- respondent was directed to act in accordance with regulations i.e., Handling of Cargo in Customs Area Regulations, 2009 – Pe.....
263
Pancard Clubs Limited and Others Versus Securities and Exchange Board of India
Non-compliance of CIS regulation – Ex-parte order of termination was issued to protect rights of investors against Appellant's activities considering it beyond ambit of CIS Regulations – Held that :-Respondent passed Impugned Order to protect interest of investors as per Sections 11(1), 11(4) and 11B read with Sections 11AA(1), 11AA(2) of SEBI Act, 1992 along with Regulation 65 of CIS Regulations of 1999 – Appellant who was directly and adversely affected by ex-parte interim impugned order had a.....
264
In Re: Ubico Networks Private Limited, Spectranet IT Services Private Limited, Citycom Networks Private Limited
Scheme of Amalgamation - Dispensing convening of meetings of equity and preference shareholders, secured and unsecured creditors to consider and approve, proposed Scheme of Amalgamation under Sections 390 and 391 Companies Act, 1956 read with Rules 6 & 9 of the Companies (Court) Rules, 1959 – Held that:- board of directors of transferor companies no. 1 & 2 and transferee company in their separate meetings respectively unanimously approved proposed Scheme of Amalgamation – Equity shareholders and.....
265
ACWT, Circle-1, Jalgaon Versus Shri Jagannath Nathu Wani
Enhancement in value of net wealth - Denial of exemption claim - AO denied the exemption claimed on the ground that these are single immovable properties and do not quality as commercial establishment - CWT(A) allowed exemption claim - Held that:- in absence of any contrary material brought to our notice by the Ld. Departmental Representative against the order of the Tribunal [2015 (8) TMI 186 - ITAT PUNE], we find no infirmity in the order of the CWT(A) treating the 2 properties as commercial p.....
266
M/s. Fibre Boards (P) Ltd., Bangalore Versus Commissioner of Income Tax, Bangalore
Entitlement exemption under Section 54G - appellant claimed exemption on the entire capital gain earned from the sale proceeds of its erstwhile industrial undertaking situate in Thane in view of the advances so made being more than the capital gain made by it - Held that:- On a conjoint reading of the Budget Speech, notes on clauses and memorandum explaining the Finance Bill of 1987, it becomes clear that the idea of omitting Section 280ZA and introducing on the same date Section 54G was to do a.....
267
CHENNAI PROPERTIES AND INVESTMENTS LTD. Versus COMMISSIONER OF INCOME-TAX
Rent receipts derived from letting out of properties - whether should be assessed under the head "Business" thereby allowing the expenses incurred for letting out the properties as business expenditure? - Held that:- Letting out of premises and collection of rents the assessment on property basis may be correct but not so, where the letting or sub-letting is part of a trading operation. The dividing line is difficult to find ; but in the case of a company with its professed objects and the manne.....
268
DEPUTY COMMISSIONER OF INCOME-TAX AND ANOTHER Versus ZUARI ESTATE DEVELOPMENT AND INVESTMENT COMPANY LTD.
Reopening of assessment - Capital gains arising on the sale of the premises should not be taxed in the assessment year 1991-92 - HC allowed assessee appeal on validity of reopening notice - Held that:- After going through the detailed order passed by the High Court, we find that the main issue which is involved in this case is not at all addressed by the High Court. Since the assessee's return was accepted under section 143(1) of the Income-tax Act, there was no question of "change of opinion" .....
269
COMMISSIONER OF INCOME-TAX Versus OM PRAKASH BAGADIA (HUF)
Reliability of report of the D. V. O. by the Assessing Officer for making the assessment in question which was called by the Assessing Officer pursuant to the order of commission issued under section 131(1)(d) - Apex Court dismissed the appeal against the decision of High Court [2004 (10) TMI 580 - MADHYA PRADESH HIGH COURT] wherein was held that:

In any event, in view of the recent decision of the Supreme Court in somewhat similar cases, wherein it is ruled that no commission under s.....
270
Krishan Kumar Aggarwal Versus Assessing Officer Income Tax
Additions on account of unexplained cash credit - The Commissioner of Income-tax (Appeals) on re-appraisal of the entire documentary evidence adduced by the said Vipin Kumar has come to the conclusion that even the documents showing the sale of jewellery were doubtful also confirmed by ITAT - The finding of the Tribunal being based on cogent material cannot be said to be perverse, as is sought to be pleaded by learned counsel for the petitioner as held by HC [2003 (9) TMI 41 - DELHI High Court] .....
271
PRASANNA DUGAR Versus COMMISIONER OF INCOME TAX, CENTRAL-III, KOLKATA
Penalty u/s 271(1)(c) - search under section 132 wherein the assessee made voluntary disclosure under section 132(4) disclosing a sum of ₹ 6 crores even though no incriminating document suggesting any such undisclosed income was found - ITAT deleted penalty levy - HC [2015 (5) TMI 317 - CALCUTTA HIGH COURT] held that as it is in that sense a voluntary disclosure which has been clarified by the assessee by stating in answer to question No. 23 that he had not given any statement under pressu.....
272
COMMISSIONER OF INCOME-TAX Versus NAVODAYA
Higher Depreciation on studio building - HC allowed assessee claim of depreciation holding that the assessee's studio would constitute plant in the hands of the assessee and consequently be entitled to depreciation at the rates applicable to plant and machinery - Held that:- Having regard to the fact that the tax effect is minimal, we refuse to interfere with these appeals. We, therefore, dismiss these appeals leaving the question of law open. - Decided against revenue.
273
DEPARTMENT OF INCOME-TAX Versus VODAFONE ESSAR GUJARAT LTD. AND ANOTHER
Recovery of tax - Scheme of demerger - objection of Income-tax Department that the Scheme in question is floated with the sole object of avoiding the tax liability such as Income-tax, Stamp Duty, VAT, etc. and that the sole object is only to avoid capital gains tax - HC [2012 (9) TMI 100 - Gujarat High Court] held it cannot be said that the Scheme has no purpose or object and that it is a mere device/subterfuge with the sole intention to evade taxes, particularly when even the incidence of tax .....
274
COMMISSIONER OF INCOME-TAX Versus DHANALEKSHMI BANK LTD.
Claim of expenditure u/s 37 - Penalty imposed by the Reserve Bank of India for committing violation of provisions of the Reserve Bank of India Act, 1934, and the Banking Regulation Act, 1949 - claimed as business expenditure by the respondent-bank - Held that:- Having regard to the pettiness of this amount, we are not inclined to consider the issue on the merits. It is more so when learned counsel for the respondent has pointed out that against a similar kind of judgment passed in CIT v. Catholi.....
275
M/s. Jagati Publications Ltd. Versus The President, Income Tax Appellate Tribunal, The Member (A & J) , Central Board of Direct Taxes, Department of Revenue, The Union of India
Constitution of a special bench of the Income Tax Appellate Tribunal outside Andhra Prades - President of the Income Tax Appellate Tribunal exercising his powers under Section 255(3) of the Income Tax Act, has constituted a special bench of three members to hear the appeal filed by the Petitioner - order passed by bench challenged - grievance of the Petitioner that he was kept in dark about the decision making process - Held that:- The president forwarded the letter of the Board to the Vice pr.....
276
PRABHU DAYAL RANGWALA AND INDULATA RANGWALA Versus COMMISSIONER OF INCOME-TAX
Validity of reopening of assessment - Held that:- Observations in Bawa Abhai Singh Versus Deputy Commissioner of Income-Tax [2001 (3) TMI 14 - DELHI High Court] the expression 'information' in the context in which it appears in the pre-amended section 147(b) was held to be instruction or knowledge derived from an external source concerning facts or particulars, or as to the law relating to a matter having a bearing on the assessment have to be read in the light of the ratio decidendi as expounde.....
277
COMMISSIONER OF INCOME-TAX Versus PACT SECURITIES AND FINANCIAL SERVICES LTD.
Disallowance of deduction of the "lease equalisation" charges from the lease rental income - Held that:- Even if at the relevant time, it was not mandatory to adopt the methodology prescribed by the guidance note or for that matter the accounting standard as it was not notified by the Central Government in the Official Gazette, in our opinion, it is not relevant for the reason that, as long as there was a disclosure of the accounting policy in the accounts, which had a backing of a professional .....
278
THE COMMISSIONER OF INCOME TAX Versus M/s SOUTH TRAVANCORE DISTILLERIES & ALLIED PRODUCTS, NEYYATTINKARA
Disallowance the commission paid to the agents - agents were appointed for selling Indian Made Foreign Liquor manufactured by it to the Kerala State Beverages Corporation, a wholly owned Kerala Government Company - Tribunal deleted disallowance - Held that:- Division Bench judgment of this Court reported in Commissioner of Income Tax v. Premier Breweries Ltd. [2005 (3) TMI 83 - KERALA High Court] wherein held that the Tribunal should allow the claim only on being satisfied about the genuineness .....
279
Adani Exports Versus Income Tax Officer & 1
Validity of reopening of assessment - exemption claimed under Section 10AA - revision u/s 263, Held that:- Once having participated in the reassessment proceedings without challenging the notice under Section 148 of the Act and thereafter reassessment proceedings are dropped and thereafter a show-cause notice has been issued by the Commissioner taking the reassessment order [which is a one line order] under revision, in such facts and circumstances of the case, it is not open for the petitioner .....
280
The Commissioner of Income-Tax, The Asst Commissioner of Income-Tax Versus M/s Khivraj Motors
Calculation of capital gain - addition made by the Assessing Officer on the basis of the 18% of the project cost - Commissioner after having noticed that the dispute was with regard to calculation of value of gross consideration received by the assessee held that advertisement cost, extra amounts paid to land lord and the assessee are not part of actual cost of construction, hence deleted the addition also confirmed by ITAT - Held that:- For the purposes of valuation of the lease of undivided 50.....
281
Banyan Networks Pvt. Ltd. Versus The Assistant Commissioner of Income Tax Company Circle I (2) Chennai
Disallowance of deferred revenue expenditure in the aggregate incurred towards the product development - Held that:- On a plain reading of section 35 of the Act, we are unable to accept the plea of the learned counsel for the assessee that deferred revenue expenditure could be allowed by way of carry forward. There is no provision under the Income-tax Act which provides for such a method of claiming deferred research and development expenditure. Moreover, the Assessing Officer has allowed the ex.....
282
RAI UNIVERSITY Versus COMMISSIONER OF INCOME TAX (EXEMPTION) & 1
Entitlement for exemption under Section 10(23C) (vi) - Held that:- It is an undisputed fact that the petitioner – University has been established under the provisions of the Universities Act, 2009, and accordingly, the same was included in the Schedule of the Universities Act, 23009 by publication in the Gujarat Government Gazette on 11.04.2012. We have perused the provisions of the Universities Act, 2009 as well as the First Statutes of the petitionerUniversity. Several aspects have been pleade.....
283
WARREN TEA LTD. Versus COMMISSIONER OF INCOME-TAX AND ANOTHER
Income arising out of interest - whether cannot be taken into account for the purpose of giving benefit under section 33AB as held by Tribunal? - Held that:- It is not in dispute that the surplus commercial funds available with the company were kept in short- term fixed deposits. The company has borrowed funds for the purpose of carrying on its business. The funds may not always be necessary or may not always be blocked. Therefore, the funds which were surplus at any point of time were fruitfull.....
284
The Commissioner of Income Tax, Jalandhar-II, Jalandhar Versus M/s Saroop Tanneries Ltd.
Maintainability of appeal against the order passed by the Tribunal under section 254(2) - Held that:- The Tribunal had passed an order dated June 30, 2010. The Tribunal corrected a mistake on account of not having noticed the judgment of the Supreme Court in CIT v. Amalgamations P. Ltd. [1997 (4) TMI 8 - SUPREME Court ]. The Tribunal expressly recorded that the applicability of the decision cannot be adjudicated under the provisions of section 254(2), as the same is covered under section 254(1) .....
285
The Commissioner of Income Tax (Central) Hyderabad Versus G. Venkata Laxmi
Entitlement to deduction under section 54 - assessee had failed to construct her house within the stipulated period of three years - ITAT allowed claim - Held that:- In order to get the benefit of section 54 of the Act, it does not appear that in case of purchase of the property with sale proceeds it has to be reckoned within three years, in case of construction of new building utilising sale proceeds, the construction has to be completed within a period of three years of the sale. In this case,.....
286
Chain Roop Baid Versus Assistant Commissioner of Income-tax, Circle-4, Guwahati
Validity of proceedings under section 153C - Held that:- In the instant case, the seized documents allegedly belonging to the assessee were handed over to the Assessing Officer of such other person on 5.6.2009. Now, as per the proviso to section 153C of the Act, the date of search is to be substituted by the date of receiving books of account or documents or assets seized. Accordingly, the assessment can be reopened of the preceding six years than 5.6.2009.

In this case, the previous.....
287
The DIT (Exemptions) -1, Hyderabad Versus Social Action for Rural Education, Heath & Loving Life of Abundance Society
Penalty imposed under section 271(E) - mode of repayment - loan was actually repaid through account payee cheques but due to a clerical mistake it was wrongly shown as cash payments in the audited books of account - CIT(A) deleted penalty - Held that:- Assessee's contention that repayments through cheques were wrongly mentioned as cash payments as a result of clerical mistake is believable because, as found by the learned Commissioner of Income-tax (Appeals), withdrawals made from State Bank of .....
288
ACIT Rg. 5 (3) and ITO Rg. 5 (3) (2) , Mumbai Versus M/s Steller Developer P. Ltd.
Treating the income from house property as business income - Held that:- Merely because income is attached to a property it cannot be a sole factor for assessing such income as income from house property and it has to be seen that whether it was the primary objective of the assessee to exploit the property in a simple manner or to exploit it commercially i.e. to exploit it by way of complex commercial activities to arrive at the generation of income that could be taxed under the head income from.....
289
Sudip Paul Versus Assistant Commissioner of Income-tax, Circle-Silchar, Assam
Addition made on account of low Gross profit - Estimated GP rate to determine Net profit - rejection of books of accounts - Held that:- We find that the assessee AO found that the books of account were not reliable. It is a fact that payment of more than 3 Crores were made in cash that details of nature of purchases quantity of purchases or name of suppliers were not supplied before the AO or FAA mentioned in the ledger, that assessee could not produce any vouchers in support of the expenses he .....
290
Shri Sanjay Kumar Bucha C/o. Ketan H. Shah, Advocate Versus ITO, Ward-1 (2) , Surat
Addition on account of deposits made in undisclosed bank account with Prime Coop. Bank Ltd. (PCBL) without allowing set off of loss made in purchase of sale of shares and future option - Held that:- Copy of the statement of account of bank in question was filed by the assessee before us which shows that deposit of ₹ 37.75 lakhs was not made in the said bank account at a time, but, the same amount represents the aggregate amount of deposit, which was made in the said bank account during pre.....
291
IN RE: MAGOTTEAUX INTERNATIONAL S.A., BELGIUM,
Taxability of the income generated by fees for technical services (FTS) - applicant relies on DTAA between India and Belgium and also the DTAA between India and Portugal and, since the Portugal Treaty goes beyond the Treaty in between India and Belgium as per the protocol the applicant will be entitled to take the benefit of Portugal Treaty also - Held that:- We examined the application threadbare. The three questions which have been asked do not pertain to income on royalty or the income genera.....
292
IN RE: SOREGAM S.A., BELGIUM,
Non informing about the application filed before AAR - First objection of revenue that after filing the application when the matter proceeded before the Assessing Officer on the basis of the return filed by the applicant for those proceedings the Assessing officer was not informed about the applicant having filed the present application before this Authority - Held that:- Admittedly, the applicant is a non-resident Indian (NRI). Considering that the applicant is not an Indian taxpayer the application is admitted.
293
COMMISSIONER OF CUSTOMS Versus SAFARI FINE CLOTHING PVT. LTD
SEZ Units - powers of the customs authorities in valuing and seizing the goods imported by a unit situated in Special Economic Zone – Liability to pay custom duty – Valuation of goods – Goods were meant for SEZ and on going to SEZ, they ought not to be liable for Customs duty - Therefore value of goods meant for SEZ could need not be determined under provisions of Section 14 of Customs Act, 1962 and could not have been confiscated – Held that:- Observation of the Tribunal in the paragraph 11, 1.....
294
Shri Ajay Hasmukhlal Jariwala and Shri Dhanesh K. Jariwala HUF Versus ITO, Ward-2 (3) , Surat
Addition made by following the valuation method u/s.50C - Assessing Officer applying Section 50C adopted the full value of consideration of assessee's 1/18thshare as ₹ 24,91,704/- and worked out the long term capital gain at ₹ 9,89,396/- as against loss of ₹ 1,83,713/- worked out by assesse - Held that:- In view of the provisions of section 50C(2) of the Act, we are of the considered view that the AO was not justified in adopting the value of the property as adopted by the "sta.....
295
M/s G.M.T.D., Bharat Sanchar Nigam Ltd. Versus CCE, Lucknow
Demand of service tax - Telecom services - Inordinate delay in submitting returns - Suppression of facts - Held that:- Adjudicating authority has analysed the facts of the case and arrived at the amount of short payment based on figures collected during audit of the appellant. It is also recorded that the figures were submitted after a considerable delay and after repeated reminders and the ST-3 returns for the period October, 2000 onwards were submitted only on 19.7.2002. Based on these facts, .....
296
M/s Star Satellite Services Versus CCE, Ludhiana
Demand of service tax - Imposition of penalty u/s 76, 77 & 78 - cable operator service - Held that:- In view of the provisions of Section 67, Explanation (2) cum-tax benefit is required extended to the appellant and as a consequence the amount of demand would be reduced to ₹ 3,69,019/- As regards setting aside penalty under Section 76 is concerned, as per the judgements of Punjab & Haryana High Court in the case of CCE Vs. Pannu Property Dealers [2010 (7) TMI 255 - PUNJAB AND HARYANA HIGH .....
297
M/s. Industrias Del Recambio India (Pvt.) Ltd. Versus Commissioner of Service Tax, Chennai
Demand of service tax - Reverse charge mechanism - Bar of limitation - Held that:- appellant filed appeal before Commissioner (Appeals) beyond 90 days and the period of delay is 172 days. Whereas, as per the proviso to sub-section (3A) of Section 85 of Finance Act, the Commissioner (Appeals) may allow further period of 30 days if the appeal is not filed within two months from the date of receipt of Order-in-Original. In this regard, the Hon'ble Supreme Court in the case of Singh Enterprises Vs. .....
298
M/s. Tushar Babulal Sonraj Versus Commissioner of Central Excise & S.T., Rajkot
Rent a cab service - Service tax registration not taken - Invocation of extended period of limitation - Held that:- Gujarat High Court [2015 (1) TMI 809 - GUJARAT HIGH COURT], on identical issue upheld the demand of service tax on merits and set-aside the demand on limitation - Decided in favour of assessee.
299
M/s. Inductotherm India Pvt. Limited Versus Versus Commissioner of Central Excise & S.T., Ahmedabad
Intellectual Property Services - According to the Revenue, the Intellectual Property Services was brought into the service tax net with effect from 07.9.2004 and the appellant is liable to pay service tax as recipient in India - Held that:- Issue is no more res-integra and settled by the decision in the case of Indian National Shipowners Association vs. UOI - [2008 (12) TMI 41 - BOMBAY HIGH COURT], which is upheld by the Hon'ble Supreme Court as reported in [2009 (12) TMI 850 - SUPREME COURT OF .....
300
CCE, Ludhiana Versus M/s Grewal Builders Pvt. Ltd.
Demand of service tax - Penalty u/s 76, 77 & 78 - Real estate service or service of construction of residential complexes - Held that:- While the Revenues contention that the respondent have not been able to show that the amount for which the said service tax demand was dropped by Commissioner (Appeals) related to construction of residential complex, the fact remains that the Revenue has not been able to show that the said amount pertained to provision of Real Estate Agent service. - Revenues ap.....
301
M/s. Dinakar Process Versus Commissioner of Commercial Taxes, AP, Nampally, Hyderabad
Levy of sales tax / CST on manufacturing of cine wall posters - nature of activity - sale or works contract - printing the wall poster as per the requirement of the customer - Revision of order by the commissioner – Whether Commissioner could have revised order of ADC on ground that appeal should not have been entertained as it was filed belatedly – Held that:- Commissioner, in his earlier notice, did not propose to revise order of ADC on ground that he could not have entertained appeal after li.....
302
ALL KERALA CHEMISTS AND DRUGGIST ASSOCIATION (REGD.) Versus THE COMMISSIONER OF SALES TAX, THIRUVANANTHAPURAM
Unfair trade practices - high discount on the sale price of the drugs - Held that:- Essentially the claim of the petitioner appears to be complaining of unfair practices adopted by certain medical retailers. The monopolic tendency of such retailers indulging unfair practices are highlighted. - it is beyond the scope of Commissioner of Sales Tax, to probe. The Statute like Competition Act, 2002 has made a mechanism to deal with such issues. The petitioner has to work out such remedy either by ava.....
303
M/s. Aalidhara Texspin Engineers Versus Commissioner of Central Excise & S.T., Vapi
Denial of CENVAT Credit - adjudicating authority held that the machineries were very old i.e. purchased by M/s. Gokulanand Texturisers in the year 1998 and therefore, it is no longer remained in a position of being reused as fresh parts (inputs) for manufacture of new machines - Held that:- Appellant received the goods accompanied with the Central Excise invoices and availed CENVAT credit - It has been alleged in the show cause notice that the appellant failed to produce any job card or any othe.....
304
M/s. Ashoka Dyg and Ptg Mills and Others Versus Commissioner of Central Excise & S.T., Surat
Illicit clearance of goods - Penalty u/s 11AC - Confessional statement given by partner - Held that:- Ramkishor M. Bindal, Partner of Assessee admitted the processing of grey fabrics and clandestine removal of the finished goods without payment of duty. They have paid the duty at the very next date of the visit of the officers. After about more than four years he had retracted the statement only in reply to the show cause notice, which can not be accepted as retraction of statements - appellants.....
305
M/s Transformers & Rectifiers (India) Ltd Versus The Commissioner, Central Excise Ahmedabad II
Denial of refund claim - Adjudicating Authority rejected the refund claim holding that the value of goods under Section 4(1) of Central Excise Act 1944 has to be arrived at the time of delivery from place of removal - Held that:- The goods were cleared on payment of duty at the price as per the said agreement. Subsequently, ex-factory price was decreased to ₹ 4,21,30,638/- as evident from the letter dtd 1.9.2007 of M/s TNEB. It is seen from the said letter that the appellants were requeste.....
306
COMMISSIONER OF CUS. (PORT) , KOLKATA Versus CORONATION SPINNING INDIA
Interest on refund claim - duty was deposited under protest - Held that:- Interest at the rate of 12% shall be paid to the respondents on the amount of duty and not on fine and penalty. - The said amount shall be paid to the respondents within two months. - Decided partly in favour of Revenue.
307
COMMR. OF C. EX., CHENNAI-II Versus AEONS CONSTRUCTION PRODUCTS LTD.
Duty demand - Removal of goods at factory gate - Held that:- ownership for the goods was passed on to the buyer at the time of transfer of the goods at the factory gate. If the transportation work was taken by the assessee, thereafter, at the instance of the buyer and deliver the goods at the site, that cannot be a ground for loading the price with the transportation charges. - No reason to interfere with impugned order - Decided against Revenue.
308
Commissioner of Central Excise, Thane-II Versus United Shippers Ltd.
Classification of services - cargo handling service for import of goods - transportation by barges from the mother vessel to the jetty onshore - Supreme Court after hearing the parties found no reason to interfere with the udgment and order passed by the Tribunal [2014 (12) TMI 502 - CESTAT MUMBAI], wherein, Tribunal held that when the goods are being transported by the barges from the mother vessel to the jetty onshore, that activity is part of the import transaction of bringing the goods into .....
309
Commissioner of Central Excise, Commissionerate-I, Ahmedabad Versus M/s. Dashion Ltd.
Validity of High Court's order - Penalty u/s 11AC - CIT confirmed duty - Tribunal deleted duty and penalty - Whether Customs Excise & Service Tax Appellate Tribunal committed an error in fact and in law in reversing the order of CIT(Appeals) confirming the demand for wrongfully availed Cenvat credit on the ground that the issue is revenue neutral - Held that:- High Court [2014 (7) TMI 780 - GUJARAT HIGH COURT] has accepted one substantial question of law out of two substantial questions of law a.....
310
Sangita Sajjan Jindal Versus Union of India And Others
Import of baggages – Non declaration of contents and value – opting green channel - Petitioner-passenger arrived at Airport and handed over her passport and disembarkation slip to officials of company – They were orally directed to complete Customs formalities, both officers opted for Green Channel where they were diverted by Customs officers for screening of baggage and further examination which resulted in confiscation of said baggages – Held that:- channel was opted by officers knowing fully .....
311
M/s ACCEL TRANSMATIC LTD. Versus THE JOINT COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX AND OTHERS
Waiver of Pre-deposit duty – Appeal – By impugned order, Tribunal held that appellant failed to establish any merit in appeal filed for waiver of pre-deposit of custom duty demanded – Held that:- Settled position of law that application for waiver of pre-deposit, relevant considerations for Tribunal was whether appellant made out prima facie case and whether any financial hardship was established – So far as question of prima facie case was concerned, Director - STPI passed order against appella.....
312
STATE TR. INSP. OF POLICE Versus A. ARUN KUMAR
Criminal misconduct by public officer – Forged shipping bills – Accused nos. 1-3 filed Shipping Bills and said documents were assessed by respondent No. 1 and after such assessment goods were examined by respondent No. 2 – Accused No. 1 produced different sets of forged shipping bills by adding digit before total quantity of shipment thereby inflating value of shipment and fraudulently claimed duty drawback – Said forged documents were endorsed by respondents – High Court vide impugned order hel.....
313
Commissioner Versus Ashiana Cargo Services
Revocation of CHA license - Misuse of G-Cards - Delhi High Court vide impugned order reported in 2014 (3) TMI 562 - DELHI HIGH COURT reversed order of revocation of license of Respondent under Custom House Agents Licensing Regulations, 1984 upholding the minority Opinion of the CESTAT, delivered by the Judicial Member, correctly appreciates the balance of relevant factors - Supreme court dismissed the revenue appeal after condoning the delay.
314
Laxmi Fibres Ltd. Versus A.P. Industrial Dev. Corpn. Ltd. & Others
Jurisdiction of Official liquidator - whether the Official Liquidator can claim any power or jurisdiction in itself to adjudicate and quantify the claim of statutory corporations such as respondents when the Company Judge has permitted them to stand outside the liquidation proceeding subject to certain conditions under which the respondent Corporations may pursue the powers available to them under Section 29 of the State Financial Corporations Act, 1959 - Held that:- Official Liquidator does not.....
315
In Re: ExlService SEZ BPO Solutions Private Limited, Exl Support Services Private Limited, Exl Service. com (India) Private Limited
Scheme of Amalgamation – Dispensing convening of meetings of equity shareholders, secured and unsecured creditors to consider and approve, proposed Scheme of Amalgamation under Sections 391-394 of Companies Act, 1956 – Held that:- board of directors of transferor and transferee companies in their separate meetings unanimously approved proposed Scheme of Amalgamation – Equity shareholders and secured creditor of transferor and transferee companies have given their consents/no objections in writin.....
316
ACIT, Circle-14, Pune Versus Mudhol Land Holding Pvt. Ltd.,
Determination of net wealth of assessee - Renting of property - Business Income or asset - Held that:- CWT(A) while treating the asset as a commercial property has followed the decision of the Tribunal in assessee's own case [2015 (6) TMI 252 - ITAT PUNE] in the 263 proceedings and has also relied on various other decisions and since the Ld. Departmental Representative was unable to distinguish the findings given by the CWT(A) by placing any cogent material, therefore, we do not find any infirmi.....
317
FR. SABU P. THOMAS AND KERALA JESUIT SOCIETY Versus UNION OF INDIA,, CENTRAL BOARD OF DIRECT TAXES, THE COMMISSIONER OF INCOME TAX (TDS) AND OTHERS
Requirement to deduct tax at source from payments by way of salary/pension made by the Government, to persons who are members of religious congregations - Held that:- while there may be instances where the receipt of fees or other earnings by members of religious congregations do get diverted by overriding title to the congregation, the proposition is by no means an absolute one that is applicable in all cases of earnings by a member of the religious congregation. The applicability of the concep.....
318
THE COMMISSIONER OF INCOME TAX Versus M/s. KERALA KAUMUDI (P) LTD., THIRUVANANTHAPURAM
Adoption of mercantile system of accounting - according to the Revenue, in respect of all the activities of the assessee, the accounting of income and expenditure should be under the same system, i.e. the assessee having adopted mercantile system of accounting, it cannot adopt accounting on cash basis in respect of sales of newspaper and advertisement revenue alone - Held that:- Having regard to the provisions of section 145 of the IT Act, the Apex Court in United Commercial Bank v. Commissione.....
319
Commissioner of Income Tax Versus Canon India Private Limited
Determination of Arm's Length Price - Transfer pricing adjustment - ITAT directing exclusion of the expenses in the nature of Subsidy from the ambit of the AMP expenditure - Held that:- Unable to accept the Revenue's contention that the unutilised subsidy is required to be recognised as income of the Assessee in the year of its receipt. This would be contrary to the matching concept, which is the substratal principle for computing income during a relevant period. It is necessary that income be r.....
320
DY. C.I.T. (ASSTT) Versus TORRENT LABORATORIES PVT. LTD
Disallowance made under Section 32AB - Investment deposit account - ITAT deleted disallowance - Held that:- No perversity with regard to findings of both the Courts below with regard to conclusion arrived at that the income was earned during the course of business activity. The term "profits of business or profession" is defined under sub-section (3) of Section 32AB. As per that subsection the profit shall be an amount of profit as computed in accordance with the requirements of Part II and III .....
321
The Commissioner Of Income Tax, Ghaziabad And Another Versus M/s Hongo India Pvt. Ltd.
Penalty u/s 271(1)(c) - assessee has debited this income of ₹ 26,63,283 out of total pre- operative expenses of ₹ 7,57,43,555 as he claimed net pre-operative expenses as ₹ 7,30,84,272 which was not correct and the amount of ₹ 26,63,283 ought to have been treated as income, earned during April 1, 1999, to May 31, 1999, for the purpose of assessment - Held that:- From the record we find that there was no inaccuracy in particulars of income furnished by the assessee. Out of.....
322
Pr. Commissioner of Income Tax-2, Chandigarh Versus M/s Mobisoft Tele Solutions P. Ltd.
Royalty payment to a related person - whether would be allowable for business expenditure u/s 37(1) whereas the same has not been exclusively and wholly incurred for business purposes? - whether ITAT erred holding that royalty payment would be allowable business expenditure u/s 37(1) when the same has not been paid to the owner/holder of the patent, design, copyright and technical know how or to an inventor and where there is no transfer/acquisition of any assets? - Held that:- Tarun Mohan ret.....
323
Commissioner of Income Tax 1, Mumbai Versus M/s. Indian Rare Earths Limited
Reopening of assessment - whether allowance of 'terminal' depreciation, which allowance is not allowable under any provision of the Act tantamounts to change of opinion ? - Held that:- The term "depreciation", as ordinarily understood in the context of the Income-tax Act, 1961, has been considered in the case of I. C. D. S. Ltd. v. CIT [2013 (1) TMI 344 - SUPREME COURT ] which was concerned with the interpretation of section 32 of the Income-tax Act, 1961 that Depreciation is the monetary equiva.....
324
Commissioner of Income Tax (Central) , Gurgaon Versus M/s Brinsar Foods Pvt. Ltd.
Non production of books of accounts - gross profit rate on estimate basis of information available on record and while making best judgement - AO only on the ground that the books had not been produced adopted a rate of 20% - Held that:- The CIT (Appeals) and the Tribunal rightly observed that there was no incriminating evidence against the respondent and no comparable cases had been cited for arriving at the GP rate of 20% to 22%. A judgement of the Privy Council in CIT Vs Laxmi Narain Badridas.....
325
THE COMMISSIONER OF INCOME TAX Versus M/s. KERALA KAUMUDI (P) LIMITED, THIRUVANANTHAPURAM
Reopening of assessment - installation of the Rotary Printing Press was not completed in the assessment year 1982-1983 and that therefore, the investment allowance and depreciation granted in the assessment order was irregular - Held that:- Facts are evident from the orders passed by the Commissioner and the Tribunal, which show that on import of the machinery, using local labour, the assessee had installed it. To prove that the Press was installed and commissioned, the assessee had produced bef.....
326
COMMISSIONER OF INCOME-TAX (LTU) AND ANOTHER Versus BIOCON LTD.
Weighted deduction under section 35(2AB) - expenditure incurred in respect of research and development - Held that:- The assessee has to develop facility by incurring expenditure for scientific research and he will have to file application before the prescribed authority, who after following the proper procedure, will allow the application or otherwise and the assessee would be entitled for weighted deduction in respect of all expenditure so incurred. The provision nowhere suggests or implies th.....
327
The Commissioner of IncomeTax- I Versus Forest Development Corporation of Maharashtra Ltd.)
Scope of revision u/s 263 - as per CIT(A) AO omitted to look into the correctness or otherwise of the apportionment of common expenses to agricultural and non-agricultural segments - Held that:- The facts show that the proportion of agricultural and non-agricultural income/ receipts has been used even while working out the apportionment of expenditure under that head. The previous history not in dispute shows that since 1996-97, the said method is being adopted. It is not in dispute that in th.....
328
Sri Radhey Shyam Bhatia Versus The Commissioner Of Income Tax And Another
Unaccounted gifts - Held that:- After hearing the rival submissions and on perusal of material available on record, it appears that all the donors are in relation of the assessee and the gifts were made out of love and affection. The details of each donor's return was produced before the Assessing Officer, as all the donors were the Income-tax assessees. When it is so then the creditworthiness is proved. The amount was reflected in the books of account. Thus, in the instant case, the identity of.....
329
M/s. Indu Nissan Oxo Chemical Inds. Ltd. Versus Dy. CIT Central Circle-1 and ITO, Ward-1 (4) , Baroda
Addition u/s.68 - Held that:- As perused the letter of confirmation dated 26/03/2003 purportedly issued by Narendra Holding Pvt.Ltd. However, the said letter describes the payment through banking channel but has not mentioned the names of the 3rd parties in whose account such amount has been credited. Moreover, the assessee has also not placed any material on record suggesting that those payments were made to 3rd parties on account of calls in arrears and share premium as there is no mention of .....
330
Ness Technologies (India) Pvt. Ltd. Versus ACIT, Central circle-34
Transfer Pricing adjustments - assessee had raised specific ground before the DRP argued that the TPO had included the comparables that were not relevant for determining the ALP or had excluded the comparables that were relevant,that the TPO had adopted incorrect operating margins for certain companies,that he had not considered entity level revenue,that he did not allow the assessee the benefit of risk adjustment - Held that:- Directions of the DRP are silent over all the issues raised by the a.....
331
Dy. CIT, Range-8 (1) , Mumbai Versus Cybertech Systems & Software P. Ltd.
Penalty u/s. 271(1)(c) - interest receipt consequent to the denial of deduction u/s. 10B claimed by the assessee - Held that:- In the facts of the present case, the interest income stands earned on deposits placed with the bank/s for fixed term/s (FDRs) and inter-corporate deposits (ICDs). The A.O. has further given a categorical finding of the interest income, which is even otherwise apparent, i.e., from the manner in which it is being derived, as having no direct relationship with the assesse.....
332
Ashish Sarin Versus ACIT, Circle-46 (1) , New Delhi
Validity of assessment - non serving with mandatory notice u/s 143(2) - CIT(A) held that as considering the difficulties of tax administration by the department and distribution of jurisdiction of the cases to salaries ITO, it is not possible to monitor service of notice 142(1)/143(2) on each case exclusively, thus non service of notice 143(2) is dismissed - Held that:- If what is concluded by the Ld. CIT(A) is correct then there is no legal mandate for the Revenue to vary the returned income, r.....
333
Addl. CIT (TDS) , Ghaziabad Versus Canara bank, Sector-06, Noida.
Liability to deduct tax at source u/s 194A on interest paid to NOIDA - lack of jurisdiction of the ld. CIT(A), Noida for passing order against the order of Addl.CIT(TDS), Ghaziabad - Held that:- The Principal CCIT, Kanpur issued order on 15.11.2014 reverting jurisdiction to the CIT(A), Noida over the orders passed by Addl.CIT(TDS), Ghaziabad and the other authorities working under CIT (TDS), Kanpur. This shows that between 5.6.2014 and 15.11.2014, the jurisdiction of the first appellate authorit.....
334
DCIT, Circle 10 (1) , New Delhi. Versus Dixon Technologies (India) Ltd
Reopening of the assessment u/ s 147 - amount wrongly claimed by the assessee being the amount written off which pertains to the development of software and forfeiture of registration charges of industrial land - CIT(A) quashed reopening - Held that:- The present case is pertaining to AY 2003-04 wherein the AO issued notice u/s 148 of the Act on 4.9.2009 which is beyond four years as the AO could have started proceedings u/s 147 of the Act after the end of four years from the end of 2003-04 i.e......
335
Lionbridge Technologies Private Limited Versus ITO (International Taxation) (TDS) , -4,
Withholding of tax - payment as reimbursement of cost for purchase of standard off the shelf software, a copyrighted article, by the Appellant to its group company, Lionbridge Technologies Inc. USA - whether is not in nature of royalty in the hands of recipient under Income Tax Act read with the Double Taxation Avoidance Agreement between India and USA and therefore the question of withholding doesn't arise? - assessee in default under section 201/201(1A) - Held that:- Lionbridge USA has entere.....
336
Assistant Commissioner of Income-tax, Circle-1, Jamnagar Versus M/s. Metal Alloys Corporation
Disallowance of deduction u/s.10B - assessee is a partnership firm carrying on business as 100% export oriented unit - CIT(A) deleted the addition - whether CIT(A) has erred in holding that the assessee firm cannot be said to have came into existence by way of splitting up or reconstruction of old business? - Held that:- The list of customers of Metal Recycling industries and assessee has been submitted and it was found that there is not a single customer of assessee who was purchasing material .....
337
NEZONE FOODS P. LTD. Versus ASSISTANT COMMISSIONER OF INCOME-TAX
Validity of reopening of assessment - Held that:- Assessing Officer had issued notice after a period of four years, that in the reasons recorded by him he has not directly or indirectly mentioned that there was failure on the part of the assessee, that proviso to section 147 of the Act specifically mandates that issue of notice after a period of four years should be based on the failure of the assessee. As there was no failure by the assessee to disclose material facts truly and fully, therefore.....
338
Sri Kamal Pandey Versus The Income Tax Officer, Ward-9 (1) , Hyderabad
Levy of penalty u/s.271(1)(c) - discrepancies, interpolation and over-writings done by the assessee after the assessment was completed so as to avoid the penalties - Held that: - As assessee did produce the Books of Accounts, bills and vouchers as maintained by him. Admittedly Assessing Officer found that there are certain additional amounts which are debited in some months and the difference on that was arrived an amount of ₹ 88,000/-. Further, he also found out that assessee did not furn.....
339
Rolls-Royce India Pvt Ltd Versus DCIT, Circle, 15 (1) , New Delhi
Disallowance on account of interest u/s 40(a)(ia) - non-deduction/late deposit of TDS - Held that:- We have considered the submissions of both the parties and carefully gone through the material available on the record. In the present case it is noticed that the assessee deposited the TDS on the remittance of ₹ 8,60,713/- on 29.04.2004 in the next Financial Year but before filing the return of income u/s 139(1) of the Act.

Since the assessee has deposited the TDS on 29.04.2004 b.....
340
Deputy Commissioner Of Income Tax & Others Versus M/s Kismet Exports And Investments Pvt Ltd Others
Profit earned on redemption of mutual funds - Long Term Capital Gains(LTCG) OR business income - Held that:- CIT(A) after detailed discussion of the matter has observed that the assessee company had earned long term capital gains on redemption of mutual funds held for more than 1 year. It had been consistently showing the same as investments and assessed as such for the last couple of years. There was nothing on the record that the assessee had traded in the said mutual units. Following the prin.....
341
Universal Cables Ltd Versus Deputy Commissioner of Income Tax, Circle-6, Kolkata
Disallowance of balance 50% additional depreciation u/s. 32(1)(ii)(a) - new plant and machinery purchased and put to use for less than 180 days in the immediately preceding year - Held that:- The assessee is entitled for additional depreciation u/s. 32(1)(iia) of the Act in this assessment year as relying on case of Birla Corporation Limited Vs. DCIT [2014 (12) TMI 436 - ITAT KOLKATA] wherein held he assessee is eligible for additional depreciation in case the new machinery and plant was acquire.....
342
Satyabrata Mukjerjee Versus Income Tax Officer, Ward-30 (4) , Kolkata
Sale consideration from transfer of property of the Company - whether taxable in the hands of the appellant? - Held that:- It is settled law that company is an artificial juridical person which has its own identity and it is taxable as such. Hence, for its property sold it is the company which is taxable and not the assessee who received the money on behalf of the company.

Now the Ld. Counsel for the assessee's plea is also cogent that the receipt of sum of money from the company cou.....
343
Sri Sivani Educational Society and Sri Lokabandhu Educational Society Versus ITO Ward-2 Srikakulam and ITO Ward-3 (2) Versus Sri Lokabandhu Educational Society Visakhapatnam
Eligibility to claim exemption u/s 11 - whether contribution to chit funds is violative of the provisions of section 11(5) and therefore the exemption u/s 11 of the Act cannot be granted? - Held that:- The requirement of investing or depositing, u/s 11(5) of the Act is confined to money in hand or cash. When the entire income of the year has already been spent towards the objects of the society, there cannot be said to be any funds remaining out of the funds received by way of income. A person c.....
344
M/s. Jayaswal Neco Ltd. Versus Commissioner of Central Excise, Raipur
Demand of interest - whether the excise duty was in fact deposited late and therefore interest would be charged - Held that:- Section 11A of the Act permits the Central Excise Officer to recover duty not levied or not paid or short levied or short paid or erroneously refunded. It can be done within one year from the relevant date by serving show cause notice on the person chargeable with the duty. It is not necessary to state in detail the procedure prescribed therein. For our purposes it is suf.....
345
M/s. Tata Chemicals Ltd. Versus Collector of Central Excise, Ahmedabad
Valuation of goods - Inclusion of cost of returnable gunny bags used for packing the excisable goods - whether the price of the gunny bags should be included in the assessable value of the soda ash for the purpose of levy of excise under the Act - Dissenting Judgment.

As per Justice Dipak Misra:- letters spell out an arrangement between the assessee and the buyers. The tribunal has not accepted the stand of the appellant on the ground that it is not an arrangement and on that basis ha.....
346
M/s Nizam singh Chauhan, M/s V.J. Trivedi and others Versus CCE, Bhopal and others
Classification of service - Cargo handling service or mining service - Suppression of facts - Invocation of extended period of limitation - Held that:- As is evident from Para-II of the tender document for railing and transport of Maganese Ore the service involved wagon loading, truck loading, transport including stacking and de-stacking/rehandling of manganese ore. It is also seen that transport activity (excluding stacking) formed a very small part of the entire service rendered, inasmuch as w.....
347
C.C.E., Meerut-II Versus M/s. SRF Ltd.
Demand of service tax - Reverse charge mechanism - Import of taxable service - Held that:- issue involved in this case is no longer res integra in the light of the judgement of the Supreme Court in the case of Indian National Shipowners Assn Vs. Union of India [2008 (12) TMI 41 - BOMBAY HIGH COURT], wherein it has been held that the reverse the mechanism became operative only from 18.04.2006 when Section 66A was introduced in the finance act 1994. As the period involved in this case is prior to .....
348
Commissioner of Central Excise & S.T., Vadodara Versus M/s. Bell Grantio Ceramics Limited
Demand of service tax - services were rendered by a foreign Company situated abroad - Held that:- The Hon'ble Gujarat High Court in the case of Commissioner of Service Tax vs. Unimark Remedies Limited - [2014 (5) TMI 459 - GUJARAT HIGH COURT ] held that liability of service tax from the service recipient, provided by the foreign company utilising in India, was introduced by Section 66A of Finance Act, 1994 with effect from 18.4.2006. - No reason to interfere the order of Commissioner (Appeals) - Decided against Revenue.
349
CCE, Kanpur Versus M/s Kay Trading
Denial of refund claim - Reverse Charge mechanism - commission paid to the foreign based agents - Held that:- judgement of the Supreme Court in the case of Indian National Shipowners Association (2009 (12) TMI 850 - SUPREME COURT OF INDIA), holding that reverse charge mechanism became operation only with effect from 18.4.2006 when Section 66A was introduced in the Finance Act, 1994 the issue is no longer res integra and has been decided in favour of the respondent. - infirmity in the impugned order in appeal - Decided against Revenue.
350
Eltel Engineers Versus C.C.E., Bhopal
Erection, Commissioning or Installation service - Exemption under Notification No.45/2010-ST dated 20.7.2010 - Held that:- Notification No.45/2010-ST dated 20.7.2010 was issued by the Central Government in exercise of powers passed under Section 11C of the Central Excise Act, 1944 read with Section 83 of the Finance Act, whereby taxable services relating to transmission and distribution of electricity provided by a service provider to a service receiver for the period upto 21.6.2010 was exempte.....
351
C.C.E., Indore Versus M/s. Ruchi Soya Industries Ltd.
Denial of refund claim - Port services - Notification No. 41/2007-ST, dated 06.10.2007 - Held that:- in the schedule to Notification No. 41/2007-st, port services classified under Section 65 (105) (zn) ibid are mentioned. It implies that if the service provider has actually paid service tax under Section65 (105) (zn)ibid, the said notification exempts the same by way of refund if it is received by an exporter and used for export of goods. It is not open to the service recipient to question the c.....
352
Alliance Fibers Ltd And 1 Versus State of Gujarat And 2
Seizure of goods - Default in payment of VAT - Held that:- Assessment order is passed on 31/3/2015 however, the appeal has been preferred by the petitioner on 27/5/2015 i.e. within period of 60 days provided under the Act. It is also pertinent to note that goods are already released pursuant to the order passed by this Court. It is pertinent to note that the authority had seized the goods before expiry of period of limitation prescribed under section 73(4) of the Act. Therefore, in our view, the.....
353
M/s Prahlad Metal Company Versus State of Punjab and others
Detention of goods - Learned counsel for the State submitted that the bank guarantee having been furnished, the vehicles and the goods detained shall be released immediately - Held that:- In terms of undertaking given by learned counsel for the State that the vehicles and goods in question shall be released to the petitioner forthwith. However, considering the fact that there is no justification available for detention of goods from 26.5.2015 onwards after the petitioner had furnished the bank g.....
354
T.B. SIMON Versus THE COMMERCIAL TAXOFFICER, ALAPPUZHA DISTRICT
Violation of statutory provisions - Availability of alternate remedy - Held that:- Admittedly, there are statutory remedies provided under the KVAT Act against an order of assessment such as Ext.P7. Such statutory alternative remedies can be bypassed and orders of assessment can be challenged before this Court only in exceptional cases, such as cases where natural justice is violated or fundamental rights are violated and in cases where the statutory provisions on the basis of which the assessme.....
355
Commissioner, Central Excise & Service Tax, Daman Versus M/s Nav Bharat Metallic Oxide Industries P. Ltd.
Denial of CENVAT Credit - Credit availed on invalid documents - Whether Respondent has taken CENVAT Credit on the basis of valid documents under Rule 9 of CCR and Rule 4A of the Service Tax Rules - Held that:- Debit note could also belong to the category of Invoice where all the prescribed details are available. As per World Book Dictionary also, an invoice means a list of goods sent to a purchaser often showing such other information as price, amounts etc. Similarly, a Bill means a statement of.....
356
CCE, Allahabad Versus M/s Anand Transformers (P) Ltd., M/s Kamla Transformers (P) Ltd.
Valuation of goods - whether cost of transportation from the palce of removal to the place of delivery is required to be added to the assessable value or not under Section 4 of the Central Excise Act, 1944 - Held that:- The ratio laid down by the Apex court in the case of CCE, Noida vs. Accurate Meters Ltd. (2009 (3) TMI 1 - SUPREME COURT) is squarely applicable to the present proceedings and it has to be held that transportation charges cannot be added to the assessable value as the same are ch.....
357
M/s. Tankeshwari Metal Powder Products (P) Ltd. Versus C.C.E. & S.T. Raipur
Denial of CENVAT Credit - Capital goods - Held that:- Availment of Cenvat Credit in respect of Steel items, in question, and their use has been declared for ER-1 Return, it was the responsibility of Jurisdictional Assistant Officer to immediate verify their claim and as such it cannot be said that the appellant did not disclose the availment of Cenvat Credit in respect of the inputs in question of their use. Therefore, the appellant have a case in their favour on limitation and have disclosed t.....
358
M/s Shree Alloys Industries Pvt Ltd Versus Commissioner of Central Excise And Service Tax, Jaipur-II
Clandestine removal of goods - Availment of inadmissible CENVAT Credit - Held that:- Goods have been cleared on the strength of 38 gate passes clandestinely without payment of duty. Obviously, these goods were not to be recorded in the receipt units that they have received the goods without recovery of invoices in their unit. Therefore, these arguments have no force. Further, I find that it is admitted by the Managing Director as well as other officials that they have cleared goods on the streng.....
359
Kamal Sponge Steel And Power Ltd, Shri Pawan Jeet Singh, Director, Shri Anil Sharma, Gm, Shri Kamal Jeet Singh, Director, Shri Karan Pal Singh, Chairman, Shri Rakesh Bhatnagar, Manager Versus Commissioner of Central Excise, Jaipur-I
Clandestine removal of goods - Non accounting of goods in RG-1 register - Held that:- Quantity alleged to have cleared during a particular month based on certain seized documents may not have been manufactured during that month and therefore for the purpose determining power consumption for production of one MT TMT bar/MS bar, this quantity cannot be treated as the quantity produced during that month. Moreover, neither any experiment has been conducted for ascertaining the actual power consumpti.....
360
UNIVERSAL DETERGENTS (P) LTD. Versus COMMISSIONER OF C. EX., KANPUR
Denial of SSI Exemption - Use of third party brand name - Held that:- The duty demand for the period from October 1994 to December 1994 is ₹ 3,78,241/- and the remaining amount of ₹ 62,897/- out of the total duty demand of ₹ 4,41,138/- pertains to January-March 1994 period and both the demands are on the basis of denial of SSI exemption in respect of the goods bearing the brand name Blue Dot on the ground that the brand name Blue Dot does not belong to appellant and it belongs .....
361
Lanvin Synthetics Pvt. Ltd. And Another Versus The Union of India And Another
Refund of amount deposited during Investigation – Delay in Adjudication – Pendency of Proceedings – Commissionerate learnt about the subject show cause notice only on receipt of copy of this writ petition. - Held that :- Petitioner claims quashing of proceedings and refund of amount on account of pendency of proceedings for 17 years – Affidavit filed on record indicated that as reorganization of Customs Commissionerate occurred year 1997, 2002 and 2014, records of case could not be located and t.....
362
Rattanindia Power Ltd. Versus The Union of India And Another
Processing of Refund – Refund claims was filed on 26th August, 2014, claiming refund in Indian rupees in sum specified therein, but refund applications was not processed – Held that :- Respondents request for adjournment by two weeks cannot be accepted – Instead request that refund applications would be processed expeditiously would save more delay and was detrimental to either parties' interests – Thus respondent processing of refund applications, as expeditiously as possible – Decided in favour of Petitioner.
363
Alpha Future Airport Retail P. Ltd. Versus Commissioner
Waiver of pre-deposit of penalty - Appellant vide impugned order of high court in Alpha Future Airport Retail Pvt. Ltd. Versus Commissioner[2014 (9) TMI 402 - DELHI HIGH COURT] was directed to deposit sum against duty demand and interest - Appellants contention for waiver of pre-deposit of penalty was rejected - Application for review/recall was not allowed and same was dismissed - Supreme court, in instant appeal granted six weeks time to deposit amount as directed by high court.
364
COMMISSIONER OF CUSTOMS, PUNE Versus KANHAIYALAL & CO.
Valuation – Transaction value – Confiscation of goods – Tribunal in case of KANHAIYALAL & CO. Versus COMMISSIONER OF CUSTOMS [2003 (8) TMI 423 - CESTAT, MUMBAI] allowed appeal of assesse against enhancement of declared value from US $900 to US $1200 (CIF) – Supreme court considered that there was huge devaluation in foreign exchange, i.e., Lira of Turkey in comparison to foreign exchange, viz., US dollar, and this devaluation was more than 100 per cent – This impacted price at which goods were i.....
365
M/s. E.I. Dupont India Private Limited Versus Commissioner of Customs (Port-Import)
Classification of Product – Eligibility for exemption – Whether applicant was eligible for benefit of exemption under Notification No. 72/2005-Customs – Held that:- when it comes to classification and distinction, classification of product was different and distinct classification was included in Notification No. 72/2005-Customs – Department agreed that benefit of Notification can be extended, if Tariff Classification of import product applicable in India was accepted – Thus, applicant was eligi.....
366
M/s. Inter Globe Aviation Ltd. Versus The Commissioner of Customs (Import) , The Commissioner of Customs, Central Excise And Service Tax, Hyderabad-II
Classification of goods – Duty Exemption – Replacement of Seats – Applicant intends to import seats of aircraft for replacing existing seats to providing more comfortable flying experience to fliers; that seats requiring repairing due to wear and tear shall also be replaced – Whether new seats that were imported for replacing existing seats were said to be for servicing, repair or maintenance of aircraft under Notification No. 12/2012-Cus – Held that:- Supreme court opined in Collector of Custom.....
367
Financial Technologies (India) Ltd. Versus Securities and Exchange Board of India
Fit and proper criteria for holding shares – By impugned order SEBI declared appellant not "fit and proper person" to acquire or hold any equity shares without any basis of its own but solely on order of Forward Market Commission disqualifying appellant from holding commodity shares – Held that:- order passed by FMC would have bearing on securities market, because both FMC and SEBI were regulating trades executed on respective exchanges – Fit and proper person criteria for person to acquire or h.....
368
In Re: Avanti Bristlers Private Limited, Grassmore Products Private Limited, W.H. Targett India Limited
Scheme of Amalgamation – Dispensing convening of meetings of equity shareholders, secured and unsecured creditors to consider and approve, proposed Scheme of Amalgamation under Section 391(1) of Companies Act, 1956 – Held that:- board of directors of transferor and transferee companies in their separate meetings unanimously approved proposed Scheme of Amalgamation – Equity shareholders and unsecured creditor of transferor and transferee companies have given their consents/no objections in writi.....
369
M/s. Lakshminirman Bangalore Pvt. Ltd. And Others Versus The Deputy Commissioner of Income-Tax, Union of India And Others
Validity of Section 234E challenged - Fee for default in furnishing TDS return/statements - Whether it is ultra vires of Constitution of India and/or to declare by an appropriate writ that under the newly inserted Section 234E of the Act, fee could be levied only after affording the petitioners a reasonable opportunity and for consequential relief of quashing the intimations whereunder fee has been levied under Section 234E for late filing of TDS statements? - whether levy of fee under Section 2.....
370
Commissioner of Income Tax-II Versus M/s. Delhi Transco Ltd.
TDS liability on "wheeling charges" - whether it did not amount to "fees for technical services" within the meaning of Section 194J? - whether there is any 'rendering of any managerial, technical or consultancy services (including the provision of services or technical or other personnel)' by PGCIL to DTL by virtue of the BPTA within the meaning of Section 194 J (1) read with Explanation 2 of Clause (vii) of sub-section (1) of Section 9 of the Act? - Held that:- Although the wheeling charges may.....
371
Commissioner of Income Tax –II Versus Modi Rubber Ltd.
Addition under Section 43 (B) on account of delayed contribution of superannuation fund - CIT(A) deleted addition affirmed by the ITAT - Held that:- On account of the superannuation fund, the Court has been shown a copy of the Employees' Superannuation Scheme of the Respondent-Assessee. Clause 6 of Section-II is titled "Contributions and Annuities". Clause (a) envisages the payment of contribution by the employer and not by the employee. Clause (d) clearly states that "the employer shall be liab.....
372
Commissioner of Income Tax -V Versus Rathi Graphics Technologies Ltd.
Reopening of assessment - conversion of a portion of the interest into shares - Deduction claimed under section 43B - Held that:- When pursuant to a settlement the creditor agrees to convert a portion of interest into shares, it must be treated as an extinguishment of liability to pay interest to that extent. In essence there will be no further outstanding interest to that extent. Consequently, the situation where an interest payable on a loan is converted into shares in the name of the lender/c.....
373
The Commissioner of Income Tax-III, Ludhiana Versus Bharat Bhushan Proprietor M/s. Khubi Ram Johri Lal
Bogus purchases - ITAT deleted the addition concluding that the sugar purchased had been duly recorded in the books of accounts, which are duly audited; there is nothing on record to show that the purchases had been made outside the regular books of accounts - Held that:- Once the delivery of the sugar was taken over on as is where is basis at the godowns itself by taking the same on rent with the consent of the landlord and it has been noticed that the Manager's statement was recorded twice and.....
374
DCIT, 10 (1) , Mumbai Versus M/s. Bharat Radiators Industries Pvt. Ltd.
Proceedings u/s 154 - AO disallowed the brought forward of unabsorbed depreciation allowance - CIT(A) directed the AO to allow the assessee's claim of adjusting unabsorbed depreciation for the AY 1999-2000 from the house property income - Held that:- Any unabsorbed depreciation available to an assessee on 1st day of April 2002 (A.Y. 2002-03) will be dealt with in accordance with the provisions of section 32(2) as amended by Finance Act, 2001. And once the Circular No.14 of 2001 clarified that t.....
375
PR. Commissioner of Income Tax Versus Pawan Kumar Bansal
Assessment of undisclosed income - addition on the basis of noting on the loose papers recovered during search or on account of a statement recorded of the Respondent Assessee during the course of search - ITAT deleted addition - Held that:- There is no retraction as such by the company of its letter dated 1st September 2006 or of any of the other statements made subsequently. Further, the statement made by the Respondent Assessee on 12th September 2006 in response to Question No.3 which require.....
376
The Principal Commissioner of Income-Tax-9 Versus Zircon Traders Ltd.
Disallowance of business expenditure claimed in respect of 'keyman insurance policy' - ITAT deleted the addition - AO by the order treated the entire sum of ₹ 2.10 crores as business income in the hands of the Assessee. He also treated the sum of ₹ 50 lakhs as capital gains - Held that:- The AO by the order dated 24th December 2009 treated the entire sum of ₹ 2.10 crores as business income in the hands of the Assessee. He also treated the sum of ₹ 50 lakhs as capital gains. - Decided against revenue.
377
M/s Chhatariya Dehydrates Exports Versus Commissioner of Income Tax-25
Entitlement to the benefit under Section 10B - Tribunal concluded that the order of the Assessing Officer needed to be restored to compute the eligible profit for the purpose of Section 10B of the Act on the basis of the ratio of turnover of sales - Held that:- Assessee had originally claimed benefit of Section 10B of the Act in its return in respect of its entire profit i.e. both trading as well as manufacturing activities. The Assessing Officer had called upon the appellant to furnish market r.....
378
PR Commissioner of Income Tax -5 Versus Jindal Saw Ltd.
Payment of the employees' contribution towards Provident Fund and ESI beyond the due date - correctness of the order of the ITAT sustaining the decision of the CIT(A) that while computing the deduction under Section 80HHC amount of ₹ 58,41,674 should not be excluded from the eligible profits - Held that:- The net tax effect in relation to the two issues raised by the Revenue is only ₹ 4,81,080 which is far less than monetary limit set by the Central Board Direct Taxes, New Delhi by i.....
379
THE COMMISSIONER OF INCOME TAX TRIVANDRUM Versus STATE BANK OF TRAVANCORE
Disallowance of contribution to medical benefit scheme for the benefit of its retired employees - whether in the light of Section 40A(9) the Tribunal could not have allowed deduction under Section 37 of the Act? - Held that:- Section 40A which starts with the non obstante clause. Prior to its amendment by Finance Act 2011, as per sub section (9) introduced by Finance Act, 1984 with effect from 1.4.1980, deduction of only payments for the purposes and the extent provided was permitted. Assessee d.....
380
A.A. DAVIS Versus THE DEPUTY COMMISSIONER OF INCOME TAX
Assessment completed under Section 143(3) r/w. Section 153A - additions relating to the difference in considerations paid on purchase of properties - Held that:- Admittedly the additions were made by the assessing officer placing reliance on the document seized (SJ-III) during the course of the search of another assessee by name Babu John and also the sworn statements given by the assessee on 24.10.2008 and 30.10.2008. In the statement dated 24.10.2008, the assessee had accepted the genuineness .....
381
Asstt, Commissioner of Incometax, Central Circle 1, Hyderabad Versus Mamatha Educational Society, Khammam
Disallowance of exemption under S.11 - receipt of capitation fee - According to AO the charitable activity/educational institution was used by the assessee as an apparatus for selling education, and therefore, the activity of assessee society had no element of charity - CIT(A) allowed claim - assessee in the present case is a society, which is duly registered under S.12A - Held that:- Having regard to all the facts and circumstances of the case and keeping in view the decision Sree Educational .....
382
M/s. SCM Garments (P) Ltd and M/s. Gajaananda Jewellery Maart Pvt Ltd. Versus Deputy Commissioner of Income Tax, Central Circle III (i/c) , Coimbatore.
Loss incurred on account of forex derivative contracts - treated as speculative loss and thereby not allowing the assessee to set off the losses against its business income - Held that:- The assessee is an exporter of garments who has entered into forex derivative transactions through its bankers with a view to effectively hedge its foreign currency risk. Therefore, these forex derivative transactions have a close proximity or rather incidental to the export business of the assessee, which canno.....
383
Rollatainers Ltd. Versus ACIT, Circle 15 (1) , New Delhi.
Initiation of re-assessment proceedings - change of opinion - report of audit party - Held that:- Close look at the audit objection divulges that the audit party simply suggested that the interest of ₹ 2.54 crore was not actually paid, but, only transferred to a subsidiary company and the same should have been disallowed and this omission on the part of the AO resulted in over assessment of loss of ₹ 2.45 crore. This shows that the AO was simply informed about the fact which had esca.....
384
Shruti Fasteners Ltd Versus DCIT, Circle 8 (1) , New Delhi
Addition on net profit figure - addition based on print out sheet, taken out from the CPU of the assessee company's computer, found during the course of survey u/s 133A - Held that:- Just one figure in the print out taken from the CPU/hard disk i.e. Net profit figure, cannot be added to the income of the assessee for the following reasons.

(1) There is no corroborative evidence to support this figure of Net Profit;

(2) The other documents found in the CPU prove that this fi.....
385
Smt. Sudha Giri Versus Income Tax Officer, Ward-6 (3) , Hyderabad
Year of taxability of capital gains - Revenue bringing to tax the capital gains on the reason that transfer has occurred during the year - whether there was no transfer of property as per Section 2(47) under Clause-5 and Clause-3(b) of the development agreement dt. 11-02-2004? - Held that:- There is no dispute with reference to the fact that the first agreement was dt. 11-02-2014 in which assessee was entitled to 50% of the constructed area. In case, the possession was given as per the contentio.....
386
Balaji Services Versus ITO, Ward-4, New Delhi
Disallowance of interest - Held that:- The interest was paid by the assessee on the amount borrowed for the purposes of business so it was to be allowed u/s 36(1)(iii) of the Act and once it is established that the interest paid was for the business consideration than the deduction has to be allowed to the assessee while computing the income u/s 28 of the Act and no disallowance can be made merely on this basis that interest free advance had been given by the assessee. Moreover, the advance give.....
387
DCIT, Circle-49 (1) , New Delhi. Versus Consulting Engineering Services (India) Pvt. Ltd.
TDS u/s 194J OR u/s 192 - remuneration to consultants - re-characterisation of the arrangement between the company and consultants as employer-employee in place of consultant arrangement between the assessee entity and the said consultants - AO raised a demand being the difference in tax deductible u/s 192 and 194J on payments made to consultants - CIT(A) deleted demand - Held that:- AO re-characterised the relation between the assessee company and the consultant/technocrat and relation of emplo.....
388
M/s. Apar Industries Ltd Versus The ACIT, Cen. Cir. - 34, Mumbai
Deduction u/s 80 IB - OEPB licenses utilized during the year for duty free import of raw materials - Focus market incentive - Held that:- Assessee's claim for deduction under section 80IB in relation to incomes by way of DEPB investments and focus market incentives the decision of in the case of Liberty India vs. CIT, [2009 (8) TMI 63 - SUPREME COURT] covers the controversy in favour of the Revenue.

Deduction under section 80IB in relation to sundry income the assessee fairly concede.....
389
M/s Tata Realty And Infrastructure Ltd. C/o. Kalyaniwala And Mistry Versus Dy. Commissioner of Income Tax (Formerly Dy. Commissioner of Income Tax (OSD)
Disallowance of expenditure u/s 14A - disallowance of claim of loss as the entire expenditure was directly attributable to earning of exempt income - Held that:- In facts prevailing in the instant case, we are of the view that the assessee should be considered to have been set up its business on the date of its incorporation and hence the expenses incurred after that date should be allowed as revenue expenditure. The view taken by the tax authorities that the first MOU was entered in the succeed.....
390
The Assistant Commission of Income Tax, Company Circle IV (2) , Coimbatore Versus M/s. Lakshmi Machine Works Ltd.
Disallowance of local area expenditure - CIT(A) allowing of 50 per cent - Held that:- disallowance has been restricted to 50 per cent. on the basis of personal visit to the site by the Commissioner of Income-tax (Appeals). The Commissioner of Income-tax (Appeals) has not raised any doubt over the expenditure incurred by the assessee on local area development. In the facts of the case, we are not inclined to interfere with the findings of the first appellate authority on this issue - Decided agai.....
391
M/s ION Geophysical Corporation Versus Assistant Director of Income Tax, International Taxation, Dehradun.
Training services rendered - Whether AO/Ld. DRP has erred in applying tax rate of 15 per cent on 'Fee for technical services' ("FTS") under Article 12 of the India-USA DTAA ignoring the fact that section 115A of the Act provides for beneficial tax rate of 10% (exclusive of surcharge/cess) on FTS? - Held that:- It is not in dispute that the fees for technical services was in pursuance to an agreement made after the first day of June, 2005. Thus, the provision of sub-section (BB) of Section 115A w.....
392
Sh. Mahavir Singh, S/o. Sh. Attar Singh Versus Income Tax Officer
Unexplained deposits in the bank - sale of land - Held that:- Undisputedly the sale consideration declared in the sale deed was at ₹ 1,80,000/- and accordingly, the stamp duty was paid thereon on its registration. The assessee has jointly owned the agricultural land, therefore, the share was shown to be at ₹ 90,000/-. It is also an admitted fact that assessee has initially filed original return of income declaring the capital gains on the basis of the sale value of ₹ 90,000/- o.....
393
Ms. Virmati H Dalal (Deceased) Versus Income Tax Officer-Ward 24 (2) (4) , Mumbai
Computation of capital gain - whether consideration received by the appellant be treated as capital gain and there is charge on the property by Mr. Laxman Pagare before the consideration is received from the sale of property and only actual income received be taxed as capital gain? - whether the assessee could only be charged to tax, on the income that has accrued to her? - Held that:- One basic fact that has been completely ignored by the Revenue authorities, while framing the assessment of the.....
394
Indus Logistics Versus Commissioner of Central Excise, Customs and Service Tax Trivandrum
Demand of duty from the courier agency - Waiver of pre-deposit - importing non-bonafide unaccompanied baggage and goods intended for trade/business and clearing the same in the guise of bonafide gifts - appellant produce the consignee authorizations - Held that:- Not a single authorization has been produced before the investigating officers or before the Commissioner at the time of adjudication. There is not even a claim that such an authorisation has been collected. Therefore it becomes very c.....

HC's leniency towards co.'s debt default 'inexplicable', cause for litigation pile up

SC allows appeal, upholds company judge's order, sets aside the order passed by Division Bench of Calcutta HC relating to respondent co.'s winding-up; Observes that respondent co. has abused the judicial process by delaying repayment of acknowledged debt for almost 25 years, during which the respondent co. continued regular business, directs it to pay such debt along with interest; Clarifies that if respondent co. fails to make such payment within prescribed time, the appellant is entitled to file petition with Company Judge, who shall admit winding-up petition and expeditiously proceed with necessary procedure; With respect to the earlier order passed by Co. Judge, SC states that it had no alternative but to proceed for respondent co.'s winding-up as the co. failed to discharge admitted debt even after service of prescribed statutory notice, appreciates legal sagacity displayed by respondent co.'s junior advocate in getting the winding-up postponed and obtaining leave to pay the debt in instalments; Observes that HC's Division Bench has been inexplicably and unjustifiably considerate towards appellant, states that such kind of leniency has resulted in proliferation and prolongation of litigation, leading to an insurmountable litigation pendency, relies on its own ruling in Shrimati Jamilabai Abdul Kadar Vs Shankarlal Gulabchand (1975) 2 SCC 609 & State of Maharashtra v. Ramdas Shrinivas Nayak (1982) 2 SCC 463:SC

The order was passed by Justice Vikramajit Sen and Justice Shiva Kirti Singh

Justice (Retd.) G. P. Mittal appointed as CCI, Member

Central Government appoints Shri. Justice G. P. Mittal (Retired) as CCI Member for 5 years or till he attains the age of 65 years or until further orders, whichever is earlier.

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Govt. approves assignment of additional charge of Enforcement Director to Karnal Singh

Govt. approves assigning of ​additional charge of Enforcement Director ('ED', under Department of Revenue) to Shri. Karnal Singh, Special Director, Central Region, ED for 3 months from date of assuming charge or till appointment of regular incumbent or until further orders, whichever is the earliest: PIB

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Govt. issues draft NCLAT rules for appointment of Chairperson & Members

Govt. issues draft National Company Law Appellate Tribunal (Salaries, Allowances and other Terms and Conditions of Service of Chairperson and other Members) Rules, 2015; Prescribes compensation, provision for pension, gratuity or provident fund for Chairperson, Judicial Member and Technical Member; Further prescribes provisions for leaves, travelling allowance, official visits abroad, leave travel concession, facility for medical treatment, accommodation, conditions of service, declaration of financial interest, etc.; Rules are yet to be notified in Official Gazette: MCA

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Govt. issues draft NCLT rules for appointment of President & Members

Govt. issues draft National Company Law Tribunal (Salaries, Allowances and other Terms and Conditions of Service of President and other Members) Rules, 2015; Prescribes compensation, provision for pension, gratuity or provident fund for President, Judicial Member and Technical Member; Also prescribes provisions for leaves, travelling allowance, official abroad visits, leave travel concessions, facility for medical treatment, accommodation, conditions of service, declaration of financial interest, etc.; Rules are yet to be notified in Official Gazette: MCA

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