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- 2015 (8) TMI 722 - GUJARAT HIGH COURTIncome Tax: 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.....
- 2015 (8) TMI 721 - GUJARAT HIGH COURTIncome 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.....
- 2015 (8) TMI 720 - GUJARAT HIGH COURTIncome Tax: 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) .....
- 2015 (8) TMI 719 - BOMBAY HIGH COURTIncome Tax: 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 .....
- 2015 (8) TMI 718 - DELHI HIGH COURTIncome Tax: 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 .....
- 2015 (8) TMI 717 - DELHI HIGH COURTIncome Tax: 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.....
- 2015 (8) TMI 716 - BOMBAY HIGH COURTIncome Tax: 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......
- 2015 (8) TMI 715 - DELHI HIGH COURTIncome Tax: 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.....
- 2015 (8) TMI 714 - ITAT DELHIIncome Tax: 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.....
- 2015 (8) TMI 713 - ITAT DELHIIncome Tax: 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.....
- 2015 (8) TMI 483 - ITAT PUNEWealth tax: 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.....
- 2015 (8) TMI 432 - ITAT PUNEWealth tax: 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.....
- 2015 (8) TMI 285 - SUPREME COURTWealth tax: Validity of High Court's order - HC has decided the appeal without framing the question of law - Held that:- appeal under the Section 27A (3) of The Wealth Tax Act, 1957 can be admitted only when a substantial question of law is involved in the appeal and according to sub-Section (4), the question of law has to be formulated by the High Court. - matter is remitted to the High Court so that a substantial question of law can be framed, if any, and the appeal can be heard again. - Impugned order is.....
- 2015 (8) TMI 235 - ITAT CHENNAIWealth tax: Validity of notice issued u/s 17 - Notice issued on he basis of audit objection - Addition in net wealth - Business Income - Assessing Officer observed that in this case the assessee was not carrying on any business in the impugned premises - Property given on lease rent - Held that:- There is nothing on the record to suggest that the Assessing Officer had issued the notice u/s 17 of the Act based on the audit objection. How the assessee came to the conclusion that the notice issued by the Asses.....
- 2015 (8) TMI 186 - ITAT PUNEWealth tax: 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:- sub-clause(5) of clause(i) of section 2(ea) nowhere requires that a commercial establishment or a complex cannot be established in a house property. It only provides that any property in the nature of commercial establishment or complexes shall be exc.....
- 2015 (8) TMI 749 - SUPREME COURTService Tax: Works Contract - Levy of service tax prior to 1.6.2007 - Whether service tax can be levied on indivisible works contracts prior to the introduction, on 1st June, 2007, of the Finance Act, 2007 which expressly makes such works contracts liable to service tax. - Held that:- assessees are correct in their submission that a works contract is a separate species of contract distinct from contracts for services simpliciter recognized by the world of commerce and law as such, and has to be taxed separ.....
- 2015 (8) TMI 748 - ANDHRA PRADESH HIGH COURTService 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 .....
- 2015 (8) TMI 747 - KERALA HIGH COURTService 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.....
- 2015 (8) TMI 746 - CESTAT NEW DELHIService Tax: 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.....
- 2015 (8) TMI 745 - CESTAT MUMBAIService Tax: 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.....
- 2015 (8) TMI 739 - SUPREME COURTCentral Excise: 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.....
- 2015 (8) TMI 738 - CESTAT AHMEDABADCentral Excise: 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.....
- 2015 (8) TMI 737 - CESTAT AHMEDABADCentral Excise: 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.....
- 2015 (8) TMI 736 - SUPREME COURTCentral Excise: 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.....
- 2015 (8) TMI 735 - SUPREME COURTCentral Excise: 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......
- 2015 (8) TMI 731 - MADRAS HIGH COURTCustoms: 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.....
- 2015 (8) TMI 730 - BOMBAY HIGH COURTCustoms: 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.....
- 2015 (8) TMI 729 - MADRAS HIGH COURTCustoms: 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.....
- 2015 (8) TMI 728 - BOMBAY HIGH COURTCustoms: 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.....
- 2015 (8) TMI 727 - SUPREME COURTCustoms: 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, .....
- 2015 (8) TMI 742 - PUNJAB AND HARYANA HIGH COURTVAT and Sales Tax: 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.....
- 2015 (8) TMI 741 - KERALA HIGH COURTVAT and Sales Tax: 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.....
- 2015 (8) TMI 740 - CHHATTISGARH HIGH COURTVAT and Sales Tax: 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.....
- 2015 (8) TMI 684 - MADRAS HIGH COURTVAT and Sales Tax: 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.....
- 2015 (8) TMI 683 - ALLAHABAD HIGH COURTVAT and Sales Tax: 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.....
- 2015 (8) TMI 725 - SECURITIES APPELLATE TRIBUNAL MUMBAICorporate Laws: 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.....
- 2015 (8) TMI 670 - SECURITIES APPELLATE TRIBUNAL MUMBAICorporate Laws: 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.....
- 2015 (8) TMI 622 - SECURITIES APPELLATE TRIBUNAL MUMBAICorporate Laws: 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.....
- 2015 (8) TMI 575 - SECURITIES APPELLATE TRIBUNAL MUMBAICorporate Laws: 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.....
- 2015 (8) TMI 574 - DELHI HIGH COURTCorporate Laws: 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.....
- 2015 (8) TMI 236 - BOMBAY HIGH COURTFEMA: Waiver of pre deposit - contravention of Section 3(b) and 6(2) of FEMA read with Regulation 5 of Foreign Exchange Management (Permissible Capital Account Transactions) Regulations, 2000 read with para 8 of Schedule I to Regulation 5(1) of Foreign Exchange Management (Transfer of Issue of Security by a person resident outside India) Regulations, 2000 - Imposition of penalty - Amount remitted for franchisee in IPL, reached BCCI through concerns abroad rather than the Indian subsidiary without maki.....
- 2015 (8) TMI 187 - SUPREME COURTFEMA: Violation of provisions of Sections 47(1) & (2), 9(1)(c) and 8(1) - Permission from RBI for advertisement of 'Kingfisher' brand name on racing cars during Formula-I World Championships - Failure to appear against the summon issued - Held that:- Complaint is maintainable if there is default in not carrying out summons lawfully issued. The averments in the complaint show that the summons dated 21st December, 1999 were refused by the appellant and earlier summons were not carried out deliberately. .....
- 2015 (7) TMI 701 - DELHI HIGH COURTFEMA: Imposition of penalty - Failure to furnish evidentiary proof of imports regarding foreign exchange in respect of nine remittances in contravention of Sections 8 (3) and 8 (4) of Foreign Exchange Regulation Act, 1973 - Held that:- Documents were in respect of imports that took place pursuant to the remittances made in the years 1994 to 1999. The Customs authorities had in 1995 seized some of the files in respect of imports that had taken place in 1994. The SCN was issued only in May 2002. The .....
- 2015 (5) TMI 939 - DELHI HIGH COURTFEMA: Maintainability of appeal - whether the appeals were dealt with by the Appellate Tribunal (which is the new avatar of the Appellate Board) under FERA or FEMA - Held that:- Language of Section 49(5)(b) of FEMA is suggestive of the fact that it is only an appeal, which was pending before the Appellate Board, and which could not be disposed of before the commencement of the Act (i.e., FEMA), would stand transferred to the Appellate Tribunal. Therefore, to suggest that the subject appeals, were disp.....
- 2015 (5) TMI 907 - DELHI HIGH COURTFEMA: Violation of the provisions of Section 9 (1)(b) and 9(1)(d) of FERA - Receipt and distribution of money - Receipt of commission - Validity of assessment proceedings - inordinate delay in conclusion of the proceedings - Held that:- Frivolous proceedings or proceedings taken out to merely delay the day of reckoning cannot be treated as proceedings taken in good faith, and that, mere fact on an application or petition, a stay is granted by a superior court is no ground to construe that the proceedi.....
- 2015 (8) TMI 724 - SUPREME COURTAllied Laws: 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.....
- 2015 (8) TMI 723 - SUPREME COURTAllied Laws: 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.....
- 2015 (8) TMI 546 - SUPREME COURTAllied Laws: 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.....
- 2015 (8) TMI 526 - SUPREME COURTAllied Laws: 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.....
- 2015 (8) TMI 69 - SUPREME COURTAllied Laws: Central Government by letter dated 3rd November, 2010 stated candidates seeking appointment to post of Lecturer/Assistant Professor must fulfill minimum qualifications, including condition of passing NET test as prescribed by UGC – Held that:- by Section 20 of University Grants Commission Act, 1956, Central Government is empowered to give directions on questions of policy relating to national purposes which shall guide Commission in discharge of its functions. Vested right would arise only .....
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 de.....
2015 (8) TMI 723 - SUPREME COURT
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, 1.....
2015 (8) TMI 546 - SUPREME COURT
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 Sectio.....
2015 (8) TMI 526 - SUPREME COURT
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......
2015 (8) TMI 69 - SUPREME COURT
P. SUSEELA & ORS. Versus UNIVERSITY GRANTS COMMISSION & ORS.
Central Government by letter dated 3rd November, 2010 stated candidates seeking appointment to post of Lecturer/Assistant Professor must fulfill minimum qualifications, including condition of passing NET test as prescribed by UGC Held that - by Secti.....
2015 (7) TMI 1032 - SUPREME COURT
DM Wayanad Institute of Medical Sciences and others Versus Union of India and another
Refusal to renew permission for admitting students for the academic year 2015-16 in the MBBS Course - Held that - From a bare reading of the provision contained in Article 19(1)(g) it is evidently clear that the citizens have been conferred with the .....
2015 (7) TMI 1011 - SUPREME COURT
Payal Chawla Singh Versus Coca-Cola Co. and another
Gender discrimination and harassment of female employee - Arbitration petition filed for compensation - reference to solutions programme - demand for arbitration made by the petitioner was refused by the respondent on the ground that the solutions pr.....
2015 (7) TMI 814 - SUPREME COURT
M/s Shreenath Corp. & Ors Versus Consumer Education & Research Society & ORS.
Waiverof pre deposit - Complaint u/s 17(1) of Consumer Protection Act, 1986 - Held that - The second proviso to Section 19 of the Act mandates pre-deposit for consideration of an appeal before the National Commission. It requires 50 of the amount in .....
2015 (7) TMI 786 - MADRAS HIGH COURT
M/s Brakes India Ltd. Versus The Employees Provident Fund Organisation vellore
Proceedings under section 14B of the PF Act - Independent employer - Held that - A. Govindaraj is a licenced Contractor and he employed about 15 to 20 contract workmen inside the petitioner factory for doing certain civil work. - Earlier, the petitio.....
2015 (7) TMI 539 - CALCUTTA HIGH COURT
M/s Sibco Investment Pvt. Ltd. Versus Small Industries Development Bank of India
Claim of interest - Suit for money on account of delayed payment of the principal sum and the agreed interest. - Whether the suit is barred by waiver, acquiescence, estoppel or principles analogous thereto - Whether there has been accord and satisfac.....
2015 (7) TMI 376 - Supreme Court Of India
RADHEY SHYAM & ANR & JAGDISH PRASAD Versus CHHABI NATH & ORS & IQBAL KAUR & ORS
Whether an order of civil court was amenable to writ jurisdiction under Article 226 of the Constitution - correctness of the law laid down by this Court in Surya Dev Rai vs. Ram Chander Rai and others 2003 (8) TMI 527 - SUPREME COURT - Held that - (i.....
2015 (7) TMI 375 - BOMBAY HIGH COURT
Shailesh Gandhi Versus The Central Information Commission and Others
Scope of RTI - seeking Income Tax Returns and balance sheets of others of elected representatives - right to privacy - RTI application requesting certain information and more particularly the Income Tax Returns and balance sheets of the Respondent No.....
2015 (7) TMI 374 - SUPREME COURT
State of Kerala & Ors. Versus A.P. Mammikutty
Demand of luxury tax imposed on a building that consists of 13 residential apartments - clubbing of plinth area of more than one residential unit of single owner - Kerala Building Tax Act, 1975 - Held that - The learned Single Judge, as we have repro.....
2015 (7) TMI 373 - SUPREME COURT
M/s. Essar Oil Ltd. Versus Hindustan Shipyard Ltd. & Others
Arbitration Agreement - Whether ONGC is part of arbitration agreement or not - Arbitral Tribunal made an Award, but all the three Members of the Tribunal could not come to the same conclusion. The majority i.e. two Members of the Tribunal came to the.....
2015 (7) TMI 256 - SUPREME COURT
Union of India Versus M/s. Bright Power Projects (I) P. Ltd.
Validity of Arbitral award - whether the appellant is liable to pay interest to the respondent though there was a provision in the contract that no interest should be paid on the amount payable to the contractor - Held that - Section 31(7) of the Act.....
2015 (7) TMI 255 - DELHI HIGH COURT
Rose Valley Hotels And Entertainments Ltd, Gautam Kundu, Shibamoy Dutta, Modern Investment And Traders Pvt Ltd And Ors, Brand Value Communications Ltd And Ors, Rose Valley Real Estate And Constructions Ltd Versus The Secretary Department of Revenue Ministry of Finance And Others
Maintainability of appeal - Availability of alternate remedy - Held that - Even aggrieved by the order of the Appellate Tribunal the Statute under Section 42 of the PML Act provides for an appeal on any question of law or fact to the High Court. Thus.....
2015 (7) TMI 218 - SUPREME COURT
STATE OF J & K Versus LAKHWINDER KUMAR & ORS.
Court for jurisdiction - Trial on security personnel - Trial to be done in Security Force Court or Criminal Court - Held that - Criminal Court and the Security Force Court each have jurisdiction for trial of the offence which the accused persons are .....
2015 (7) TMI 21 - SUPREME COURT
Brijesh Kumar & Ors. Versus State of Haryana & Ors
Condonation of delay in appeal by more than 10 years - Appeal under Section 54 of the Land Acquisition Act, 1894 - Some other persons filed appeal in time and also got a higher compensation - Held that - In State of Karnataka & Ors. v. S.M. Kotra.....
2015 (6) TMI 592 - SUPREME COURT
AJAY KUMAR CHOUDHARY Versus UNION OF INDIA THROUGH ITS SECRETARY & ANR.
Extensions of Suspension of appellant from service - disciplinary proceedings - issuance of incorrect NOCs - Held that - prior to 1973 an accused could be detained for continuous and consecutive periods of 15 days, albeit, after judicial scrutiny and.....
2015 (6) TMI 476 - CALCUTTA HIGH COURT
S.V.S. Marwari Hospital Versus State of West Bengal & Ors.
Dismissal of employee after a domestic enquiry was held by the management - Validity of domestic enquiry - Held that - The object of holding an enquiry proceeding is to give the delinquent employee a reasonable opportunity to prove his answers and to.....
Where assessee did not pay self assessment tax before filing of return but within five months thereafter, penalty to be levied under section 221(1) was restricted to 2.5 per cent of self assessment tax
[It is pertinent to note that no upper or lower limit has been prescribed 4 penalty u/s 221(1)]
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[It is pertinent to note that no upper or lower limit has been prescribed 4 penalty u/s 221(1)]
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[2015] 58 taxmann.com 54 (Mumbai - Trib.)
IN THE ITAT MUMBAI BENCH 'E'
Top Class Capital Market Ltd.
v.
Joint Commissioner of Income-tax (OSD), Range -1(3), Mumbai
IN THE ITAT MUMBAI BENCH 'E'
Top Class Capital Market Ltd.
v.
Joint Commissioner of Income-tax (OSD), Range -1(3), Mumbai
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