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Recent Case Laws - Income Tax Cases

  • 2014 (8) TMI 689 - ANDHRA PRADESH HIGH COURT

    TCI Industries Ltd. Versus Commissioner of Income Tax And Another

    Income Tax - Rectification of order u/s 154 – Effective date for interest u/s 244A - Whether the assessee is entitled to be paid interest u/s 244-A of the Act from the date on which the application in respect of that amount was made or any date anterior to that – Held that:- A perusal of the order dated 26.05.1999 discloses that the revenue did not put the assessee on notice before taking such a view - he rectified the order, dated 15.03.1999 in exercise of power u/s 154 of the Act - He did not make any atte.....

  • 2014 (8) TMI 688 - PUNJAB AND HARYANA HIGH COURT

    Commissioner of Income-tax Versus YM. Singla

    Income Tax - Genuineness of gift - Whether the Tribunal is right in holding the gifts as genuine from 26 parties who were merely passing on the accommodation entries not only for the assessee but for other persons also – Held that:- An enquiry into the matter was got conducted and it was found that the donors were not financially capable to make the gifts of such huge amounts in favour of the assessee and they had no relations nor was there any occasion to make the gift - unaccounted cash of the assessee was.....

  • 2014 (8) TMI 687 - PUNJAB AND HARYANA HIGH COURT

    Rajiv Gupta Versus Commissioner of Income Tax, Aaykar Bhawan, Rishi Nagar, Ludhiana, Punjab

    Income Tax - Rectification of order – Set off and carry forward of Long Term Capital Loss - Whether the Tribunal was justified in confirming the action of the authorities below in allowing the rectification of subsequent orders without rectifying the initial order from where the dispute in question arose – Held that:- A business loss cannot be carried forward unless it has been determined in pursuance of a return filed u/s 139(1) of the Act - In order to be entitled to carry forward a business loss, the asse.....

  • 2014 (8) TMI 686 - CALCUTTA HIGH COURT

    Commissioner of Income-tax Versus Siliguri Regulated Market Committee

    Income Tax - Allowability of depreciation to charitable organization u/s 32 – Income does not include income from business – Held that:- Where the trust derives income from house property, interest on securities, capital gains, or other sources, the word "income" should be understood in its commercial sense, i.e., book income, after adding back any appropriations or applications thereof towards the purposes of the trust or otherwise, and also after adding back any debits made for capital expenditure incurred.....

  • 2014 (8) TMI 685 - RAJASTHAN HIGH COURT

    The Commissioner of Income Tax, Ajmer Versus Shri Jai Kumar Bakliwal

    Income Tax - Income from undisclosed sources u/s 68 – Amount advanced through proper channel or not – Held that:- The amounts advanced are not substantial and in most of the cases, the amounts are ranging from 25,000 to 90,000 and in some cases, it is exceeding ₹ 1,50,000 - in some of the cases even the karta of the HUF had produced the cash book and their ledger account before the AO - though u/s 68, the AO is free to show with the help of the enquiry conducted by him into the transaction which has ta.....

  • 2014 (8) TMI 684 - PUNJAB AND HARYANA HIGH COURT

    M/s Liberty Footwear Co. Versus Commissioner of Income Tax, Aayakar Bhawan, Sector 13, Karnal

    Income Tax - Advertisement and sales promotion expenses u/s 37 – Incurred wholly and exclusively for business purposes or not – Held that:- The Tribunal was rightly of the view that the assessee did not furnish any details and evidence regarding the assets written off and receivables and in the absence of any basis the order of the CIT(A) cannot be interfered – Decided against Assessee. Claim of depreciation on warehouse - Held that:- The Tribunal rightly upheld the order of the order of the CIT(A) that t.....

  • 2014 (8) TMI 683 - KARNATAKA HIGH COURT

    Commissioner of Income-tax Versus ML. Sridhar

    Income Tax - Reopening of assessment u/s 147 - Guidance value for stamp duty - Whether the Tribunal was justified in holding that the Government Circular prescribing the guidance value for stamp duty cannot be placed reliance by the AO to reopen the assessments u/s 147 r.w. section 148 – Held that:- The assessment was reopened by the AO and he ultimately called upon the assessee to pay tax on the difference of the acquisition value of the property and the price received by him on sale of the property in the .....

  • 2014 (8) TMI 682 - CALCUTTA HIGH COURT

    Ganapati Enterprises Versus Commissioner of Income-tax

    Income Tax - Sale of detachable warrants (DW) - assessee claimed that since the cost of acquisition of detachable warrants is not ascertainable, the sale proceeds of these detachable warrants constitutes 'capital receipts not liable to tax - tribunal found that the assessee incurred cost of ₹ 9,94,356 for DWs allotted to it under the scheme – New Ground in appeal before High Court - Held that:- the first question, the third and the fourth questions framed at the time of admission, are on the question.....

  • 2014 (8) TMI 681 - MADRAS HIGH COURT

    Commissioner of Income-tax Versus Working Women's Forum

    Income Tax - Exemption to be granted as provided u/s 13(1)(d) or total denial u/s 11 – Investment made in MIOT Hospitals Ltd. – Contravention of section 11(5)/13(1)(d) or not – Held that:- Following the decision in DIT (Exemptions) v. Sheth Mafatlal Gagalbhai Foundation Trust [2000 (10) TMI 26 - BOMBAY High Court] - violation of section 11(5) r.w.s. 13(1)(d) by the assessee would result in the maximum marginal rate of tax only on the dividend income on shares, which was not the recognised mode of investment .....

  • 2014 (8) TMI 680 - PUNJAB AND HARYANA HIGH COURT

    Commissioner of Income-tax Versus Narinder Kumar Sekhri, Chaman Lal Sekhri and Subhash Chander

    Income Tax - Foreign gifts received - Whether the Tribunal was correct in law in deleting the additions allegedly received by the assessees as foreign gifts – Held that:- Narinder Kumar Sekhri had received foreign gifts from one S. P. Amar with whom he had no relation while the other donor Mohinder Handa was his brother's brother-in-law - the donee, Chaman Lal Sekhri, received foreign remittance from Mohinder Handa who is his son-in-law while Subhash Chander Sekhri is brother-in-law of Mohinder Handa - searc.....

  • 2014 (8) TMI 679 - PUNJAB AND HARYANA HIGH COURT

    The Commissioner of Income Tax-I, Amritsar Versus Sh. Varinder Rawlley

    Income Tax - Penalty proceedings u/s 271(1)(c) r.w Explanation 1(1A) – Addition u/s 68 – onus to establish the genuineness of transaction – Credit entry in account books – Held that:- It is for the assessee to prove the genuineness of the transaction by identifying the creditor and its capacity to advance money - The onus lies upon the assessee to explain the credit entry but it shifts upon the Assessing Officer under certain circumstances - Where the assessee shows that the entries regarding credit in a thi.....

  • 2014 (8) TMI 678 - ANDHRA PRADESH HIGH COURT

    Commissioner of Income-tax (TDS) Versus Yashoda Super Speciality Hospital

    Income Tax - Doctors to be treated as employees or not – Application of section 192 - Whether the doctors are employees of the assessee or not, if so, payment made to the doctors are treated to be salaries so as to attract the provisions of section 192 of the Income-tax Act – Held that:- Reading the agreement as a whole, both the authorities below observed that the existence of one prohibitory clause does not change the basic character of the relationship between the assessee and the doctors concerned - the .....

  • 2014 (8) TMI 677 - RAJASTHAN HIGH COURT

    Commissioner of Income Tax, Udaipur Versus M/s. Udaipur Dugdh Utpadak Sahakari Sangh Limited, Udaipur

    Income Tax - Payment made to PF in ESI fund – amount to be added u/s 36(1)(va) r.w. section 2(24)(x) or not – Held that:- The CIT(A) as well as Tribunal was rightly of the view that where the payments on account of contribution to the provident fund, employees' State insurance, etc., are made within the due date of filing the return, such deductions are allowable - the provident fund contribution and the employees' State insurance was deposited before the due date of filing the return - Following the decisi.....

  • 2014 (8) TMI 676 - ITAT MUMBAI

    INDO STOSEC PRIVATE LIMITED Versus INCOME TAX OFFICER

    Income Tax - Assessment of gain on sale of shares – Held that:- The entry passed in the books of account to convert stock in trade into investments is not substantiated with any document - the examination of the applicability of various tests is not required, since the assessee has clearly brought out its intention by classifying the shares as its "Stock in Trade" - the assessee is a legal person and its intention can be ascertained only through the documents, resolutions passed in Board meetings etc. - the .....

  • 2014 (8) TMI 675 - ITAT PUNE

    PARKAR MEDICAL FOUNDATION Versus DY COMMISSIONER OF INCOME TAX

    Income Tax - Power to exercise revisional jurisdiction by CIT u/s 263 – Claim of depreciation on assets not examined – Amount deducted for the purpose of application towards charitable purpose – Held that:- The AO has not at all examined the issue of claim of depreciation on account of assets the cost of which has been claimed as application of income for charitable purpose - the CIT was justified in issuing the notice u/s.263 to the assessee asking it to explain as to why the order should not be set aside u.....

  • 2014 (8) TMI 674 - ITAT CHENNAI

    Deputy Commissioner of Income Tax Versus M/s. Sucram Pharmaceuticals Pvt. Ltd.,

    Income Tax - Allowability of deduction u/s 80IC – E-return filed after due date u/s 139(1) – Held that:- The manual filing of return before 30-09-2010 has not been denied by the Revenue - The AY. 2010-11 was the first AY from which furnishing of return in electronic mode was made mandatory - The accountants/tax consultants of the assessee may be due to oversight missed the amendment in the Rules - Since manual return of income was furnished well before the due date, the assessee has complied with the substan.....

  • 2014 (8) TMI 648 - SUPREME COURT

    Tripal Singh Versus Commissioner of Income-tax

    Income Tax - Assessee order become final - appellants, who are not very educated persons, unfortunately could not be properly represented before the Assessing Officer - High Court has dismissed their appeal [2013 (5) TMI 420 - ALLAHABAD HIGH COURT] in respect of revision u/s 264 – Held that:- For the AY 1998-99, the assessment is over and the assessment order has become final - the assessment order could not be interfered at this stage but direction has been issued that no penalty and interest proceedings sh.....

  • 2014 (8) TMI 647 - ALLAHABAD HIGH COURT

    The Executive Engineer Electricity Urban Dist Div. Versus Under Secy. Central Board Of Direct Taxes And Others

    Income Tax - Rejection of revision petition u/s 264 - Interest accrue on deposits made by industrial electricity consumers – Held that:- CIT(A) rightly rejected the revision, on the ground, that it was not maintainable - against the order u/s 154 of the Act, the assessee preferred an appeal - in view of Section 264(4)(c) of the Act, the Commissioner has no power to revise any order u/s 264 of the Act since the order was subject to an appeal before the Appellate Tribunal – there was no error in the order pass.....

  • 2014 (8) TMI 646 - DELHI HIGH COURT

    M/s. Bharat Furnishing Co. Versus Commissioner of Income Tax And Another

    Income Tax - Penalty u/s 271(1)(a) – reasonable cause for late filing of return – Held that:- Assessee in their reply to the notice for penalty had referred to the return for the AY 1983-84 and the fact that the original return was filed taking into account payment received from DDA - this cannot be a ground for not filing the return for the AY 1984-85, specially, when the return for the AY 1983-84 was originally filed on 29th October, 1984 and the revised return was filed on 1st November, 1985 - the return .....

  • 2014 (8) TMI 645 - DELHI HIGH COURT

    CIT Versus CNB Finwiz Ltd.

    Income Tax - Income from sale of shares – Business income or STCG – Held that:- The Tribunal rightly was of the view that merely because the dividend has not been received from shares held as investments, the nature of shares cannot be treated as stock-in-trade - assessee has maintained investment portfolio as well as trading portfolio - The shares in the investment portfolio have been held in Demat account - profit on sale of shares will be assessable under the head “short term capital gain” and not as busi.....

Recent Case Laws - Wealth tax Cases

  • 2014 (7) TMI 543 - SUPREME COURT

    Amrit Banaspati Co. Ltd. Versus Commissioner of Wealth-Tax

    Wealth tax - Valuation of assets being a residential flat - Rule 3 to 7 of Schedule III of the Wealth-Tax Act, 1957 - scope of the term 'practicable' - wide variation between alleged market value as determined by the Departmental Valuation Officer and the value as disclosed by the assessee - Held that:- the word "practicable" is to be construed widely - if in the opinion of the AO, if the value determined by the tax payer on the basis of Rules 3 to 7 is absurd or has no correlation to the fair market value.....

  • 2014 (5) TMI 286 - SUPREME COURT

    Commissioner of Wealth Tax, Rajkot Versus Estate of Late HMM Vikramsinhji of Gondal

    Wealth tax - Computation of taxable income and taxable wealth of discretionary trust - estate of the deceased Settlor - legal position about the discretionary trust - assessment years 1964-65 to 1970-71 and assessment years 1970-71 to 1982-83 - Held that:- A discretionary trust is one which gives a beneficiary no right to any part of the income of the trust property, but vests in the trustees a discretionary power to pay him, or apply for his benefit, such part of the income as they think fit. The trustees m.....

  • 2014 (3) TMI 410 - ALLAHABAD HIGH COURT

    Commissioner of Wealth Tax (Appeals) Versus Deepak Verma

    Wealth tax - Deletion of penalty U/s. 18(1)(c) of the W.T. Act - Voluntary filing of particulars - Validity of tribunal's order - Held that:- The Tribunal has furnished reasons for deletion of the penalty. The Tribunal has noted that the assessee had adopted the cost index prescribed for computation of capital gains whereas the Assessing Authority had adopted the circle rate fixed by the registering authority for stamp duty purposes, in determining the valuation. When the matter travelled to the CIT(A), the .....

  • 2014 (2) TMI 1005 - ANDHRA PRADESH HIGH COURT

    The Commissioner of Wealth Tax Versus The Trustees of HEH the Nizams Jewellery Trust Rep. Sb. Zaheeda Begum Fund

    Wealth tax - Valuation of assets under Wealth tax - Whether Tribunal was justified in Fixing the value of the beneficial interest in the corpus at 50% of the value fixed by the valuer on the alleged grounds of uncertainties, hazards and risks of litigation, etc.? - Held that:- Tribunal is the last fact finding authority and the High Court in exercise of its jurisdiction under Section 27 of the Act and Section 256 of the Income Tax Act has to accept the finding as recorded by the Tribunal as correct unless a .....

  • 2014 (2) TMI 961 - ALLAHABAD HIGH COURT

    The Commissioner of Wealth Tax Versus Mr. Kishan Lal

    Wealth tax - Valuation of the right to receive compensation - whether the value of enhanced compensation awarded to the assessee in includible under wealth tax assessment - Held that:- Following the decision of Hon'ble Supreme Court in the case of CIT vs. Ghanshyam, [2009 (7) TMI 12 - SUPREME COURT], decided in favor of assessee......

  • 2014 (1) TMI 516 - ALLAHABAD HIGH COURT

    Shri Sri Chand Jain HUF Versus Commissioner of Wealth Tax & Others

    Wealth tax - Liability to wealth tax - whether the grove land situate in urban area on which no construction was permissible would come within the expression of 'urban land' under Section 2 (b) of the Wealth Tax Act 1957 - Held that:- without disclosing the fact that the present appeals have been entertained by the High Court, and a date has been fixed for hearing, the appellant pursued the matter in Tribunal, to rectify the order to his benefit on the question of assessment. He also did not inform the Tribu.....

  • 2014 (1) TMI 461 - PUNJAB & HARYANA HIGH COURT

    Hans Raj (HUF) Versus The Commissioner of Wealth Tax, Patiala

    Wealth tax - Jurisdiction under Section 18-B - Imposition of penalty - Deposit of wealth tax after due date - Held that:- A perusal of Section 18B of the 1957 Act would reveal that it commences with a non-obstante clause thereby indicating that while considering a prayer for reduction/waiver of penalty, a Commissioner shall consider such factors as are enumerated in Section 18-B of the 1957 Act and no other factor. A perusal of the impugned order, reveals that factors enumerated in Section 18-B of the 1957 A.....

  • 2014 (1) TMI 415 - CALCUTTA HIGH COURT

    Indrajit Banerjee Versus Commissioner of Wealth Tax -IX & Another

    Wealth tax - Penalty under section 18(1)(c) - Tribunal Upheld penalty but reduced the amount - Prior approval of the requisite authority - Valuation of immovable property - Held that:- Section 7 of the Wealth Tax Act is emphatic which provides that valuation shall be made as provided in Schedule III. Therefore, no other mode of valuation was permissible. The contention that schedule III does not apply to a vacant piece of land is not acceptable. The caption of part ‘B’ of schedule III is “immovable property”.....

  • 2014 (1) TMI 317 - ITAT HYDERABAD

    DEPUTY COMMISSIONER OF WEALTH-TAX Versus M/s GULF OIL CORPORATION LTD

    Wealth tax - Valuation of property - Enhancement in valuation - Land converted from small scale industrial use to 20% residential use - Whether converted land is liable for wealth tax - Held that:- there is no need to tax 20% of the property as taxable asset. Admittedly, the land owned by Assessee company admeasuring 29015.77 sq.mts. is not free land and it consisted of 18 buildings, which are being utilized by Assessee for its offices/ business purposes for many years. Just because, Assessee obtained permis.....

  • 2013 (11) TMI 656 - MADRAS HIGH COURT

    Commissioner of Income Tax-III Versus M/s. Express Newspapers Ltd

    Wealth tax - Whether assessee is not assessable to Wealth Tax - Is assessee is a company in which the public is substantially interested - Assessee is a subsidiary of M/s.Ace Investments Private Limited, which held 100% shares in the assessee company. The shareholders of the company were members of Goenka Family – Held that:- 49% of the shares in Ace Investments were transferred to Bhagwan Das Goenka Educational Institution as early as on 19.03.1984 - Status of the Bhagwan Das Goenka Educational Institution,.....

Recent Case Laws - Service Tax Cases

  • 2014 (8) TMI 673 - CESTAT NEW DELHI

    M/s Jayaswal Neco Industries Limited Versus CCE & ST, Raipur

    Service Tax - Condonation of delay - Cenvat credit - penalty under Rule 15 of the Cenvat Credit Rules, 2004 readwith Section 11AC - whether the appellant had received the order-in-original dated 16/03/12 in the month of March itself or as contended by them, they received this order on 18/06/12, when as per the endorsement on the last page of the order, a Xerox copy of the same was supplied to them - Held that:- It is seen that on the same day i.e. on 16/03/12, the Jurisdictional Range Officer had also address.....

  • 2014 (8) TMI 672 - CESTAT MUMBAI

    M/s TATA MANAGEMENT TRAINING CENTRE Versus CCE.

    Service Tax - Denial of CENVAT Credit - Training & coaching service - Expenses incurred by way of brokerage for finding accommodation for its faculty - Held that:- CENVAT credit has been claimed by the Noticee in respect of “Training and Coaching, Management Consultants and Convention Services' Noticee have utilized the credit on output services such as 1) maintenance of pond and garden, (2) Extension of Road, (3) Brokerage amount on account of purchase/lease of flats, (4) Fabrication, fencing of compound, (5.....

  • 2014 (8) TMI 671 - CESTAT MUMBAI

    COMMISSIONER OF SERVICE TAX Versus M/s MONETIZATION SOFTWARE PVT LTD

    Service Tax - Refund under Rule 5 of the Cenvat Credit Rules, 2004 - Information Technology Software Services - Held that:- The ground no. (i), (ii) and (v) raised by Revenue in the appeals are to the effect that the value of taxable service exported does not tally with the figures shown in St-3 return. So far the above mentioned ground is concerned, the Revenue relies on the Order-in-Original but is unable to dispute the findings of the lower appellate authority and also the points urged in cross-objection f.....

  • 2014 (8) TMI 670 - CESTAT CHENNAI

    K. KUMAR Versus COMMR. OF C. EX. (SERVICE TAX), PUDUCHERRY

    Service Tax - Demand of service tax - Classification of service - Manpower Recruitment and Supply Agency’s Services or Cargo Handling Services - Held that:- There is a dispute in the classification of the service, can be decided only at the time of final hearing. Prima facie, we see merit in the argument of the applicants. In view of this observation, the applicants have made out a case of waiver of pre-deposit, as they are discharging their Service Tax liability under the category of “Manpower Recruitment an.....

  • 2014 (8) TMI 669 - CESTAT CHENNAI

    BHARAT HEAVY ELECTRICAL LTD. Versus COMMISSIONER OF ST., CHENNAI

    Service Tax - Demand of service tax - Erection, Commissioning and Installation Services - Held that:- All the activities undertaken by the applicants can be identified separately. Therefore, following the decision in the case of Commissioner of Central Excise, Raipur v. BSBK Pvt. Ltd. reported in [2010 (5) TMI 46 - CESTAT, NEW DELHI - LB], wherein this Tribunal has held that when the activities undertaken by the applicants are identifiable separately, then, the whole of the activity cannot be termed as “compo.....

  • 2014 (8) TMI 668 - CESTAT CHENNAI

    BHARAT SANCHAR NIGAM LTD. Versus COMMR. OF C. EX. (S. T.), TIRUNELVELI

    Service Tax - Waiver of pre-deposit - Installation of PCO booths - Held that:- Applicants are liable to pay Service Tax on the net amount they have received from the booth operator. Therefore, they are not liable to pay Service Tax on the gross amount received from the customers for the services provided by the booth operator - Accordingly, the appellants have made out a case for 100% waiver of pre-deposit of the impugned demands and, therefore, we waive the requirement of pre-deposit of the entire amount of .....

  • 2014 (8) TMI 667 - CESTAT AHMEDABAD

    SANDOZ POLYMERS PVT. LTD. Versus COMMR. OF SERVICE TAX, AHMEDABAD

    Service Tax - Denial of refund claim - Bar of limitation - Held that:- except for a portion of the claim prior to more than one year from the date of receipt of the claim by the Revenue, the balance amounts claimed as refund would be admissible has to be upheld. Accordingly, the appeal is allowed to the extent of refund claims within one year from the date of export as per the notification and the matter is remanded to the original adjudicating authority for fresh consideration of the claims in terms of the t.....

  • 2014 (8) TMI 666 - CESTAT AHMEDABAD

    SV. JIWANI Versus COMMISSIONER OF CENTRAL EXCISE, VAPI

    Service Tax - Waiver of pre-deposit of Service Tax - Availment of CENVAT Credit - Works contract service - Held that:- On perusal of Rule 2A of Service Tax (Determination of Value) Rules, 2006, we do find that the said provisions start with the wordings “Subject to the provisions of Section 67”. If this is the case, we find that the provisions of Section 67 may also be applicable for valuation purposes. We also find prima facie force in the contentions raised by the ld. Counsel that the appellant had an optio.....

  • 2014 (8) TMI 665 - CESTAT MUMBAI

    SUNBEAM INFOCOM P. LTD. Versus COMMISSIONER OF C. EX., KOLHAPUR

    Service Tax - Waiver of pre-deposit - Information Technology Literacy Course - Business Auxiliary Service - Held that:- Prima facie the activity of MKCL is not in the nature of business. Therefore, the service rendered by the applicants prima facie does not fall under Business Auxiliary Service. Accordingly, we waive the requirement of pre-deposit of entire amount of Service Tax, interest and penalty and stay recovery thereof during the pendency of the appeal - Stay granted......

  • 2014 (8) TMI 664 - CESTAT MUMBAI

    WELSPUN MAXSTEEL LTD. Versus COMMISSIONER OF CENTRAL EXCISE, RAIGAD

    Service Tax - Input service credit - repair, maintenance and manpower recruitment services - Held that:- applicant has made out a prima facie case in their favour as these services have been availed by the applicant as manufacturer in the course of their business. Accordingly, we waive the pre-deposit of the entire amount of duty, interest and penalty and stay recovery during the pendency of the appeal. - Following decision of Commissioner of Central Excise, Nagpur v. Ultratech Cement Ltd. [2010 (10) TMI 13 -.....

Recent Case Laws - Central Excise Cases

  • 2014 (8) TMI 660 - CESTAT MUMBAI

    SRJ PEETY STEELS PVT LTD And OTHERS Versus COMMISSIONER OF CENTRAL EXCISE

    Central Excise - Clandestine manufacture and removal of Ingots without payment of duty - Allegation on the basis of electricity consumption - Revenue contends that manufacturing units are showing more electricity consumption for production per MT of MS ingots - Reliability on the case of R.A. Castings Put Ltd vs CCB reported in [2008 (6) TMI 197 - CESTAT NEW DELHI] - Difference of opinion - Matter referred to larger bench - Majority order - Held that:- it is evident that the demand alleging clandestine removal a.....

  • 2014 (8) TMI 659 - CESTAT NEW DELHI

    Narendra Products Versus CCE., Kanpur

    Central Excise - Clandestine manufacture and clearance of goods - removal of pan masla/gutka - Held that:- appellants could not made different stands at different print of time. We note that this is a case of clandestine manufacture and clearance and therefore no adjustments could be considered. We note that the matter pertains to two raids and for two different manufacturing premises of which only one was registered with the Revenue for payment of Excise duty. Intent to evade duty has clearly been manifested. F.....

  • 2014 (8) TMI 658 - CESTAT NEW DELHI

    M/s. SPL Limited Versus CCE, Rohtak

    Central Excise - Valuation - Transaction value or MRP based value -ceramic tiles - appellant’s defence was that once they have declared retail sale price of such goods duty is leviable under section 4A of Central Excise Act, 1944 but not under section 4 of the said Act - Commissioner concluded that such clearances were not eligible for valuation under section 4A of the Act - Held that:- In respect of exemption under Rule 34 of the PC Rules, 1977, it has been observed that MRP declaration was not required based o.....

  • 2014 (8) TMI 657 - CESTAT NEW DELHI

    M/s GOYAL MG GASES PVT LTD Versus COMMISSIONER OF CENTRAL EXCISE

    Central Excise - Valuation of goods - manufacture and supply of Industrial gases viz. Oxygen, Nitrogen, Hydrogen, Helium, Argon and also mixture of these gases - inclusion of cylinder rental and maintenance charges - inclusion of excess amount of transportation charges - classification of the medical grade oxygen - Cenvat Credit in respect of cryogenic tank - Held that:- where the gases were supplied in the cylinders brought by the customers, it is not disputed that the gases, in question, were marketable as suc.....

  • 2014 (8) TMI 656 - CESTAT NEW DELHI

    Steel Mongers (I) Pvt. Ltd. Versus CCE., Chandigarh

    Central Excise - Denial of CENVAT Credit - Whether where only paper invoices are issued without the accompaniment of goods, cenvat credit could be availed by the recipient and whether penalty could be imposed for such fraudulent activity of issue of fake invoices - Held that:- M/s. Khemka Ispat Ltd. have not undertaken any manufacturing activity and therefore, the question of their supplying any goods on the authority of invoices did not arise. Apparently the said party was only a manufacturer on paper. Therefor.....

  • 2014 (8) TMI 655 - CESTAT MUMBAI

    M/s ULTRATECH CEMENT Versus COMMISSIONER OF CENTRAL EXCISE

    Central Excise - CENVAT Credit - Rule 6 of CCR, 2004 - Common inputs/input services for manufacture of dutiable and exempted goods – Cement cleared to contractors of the developers of SEZ without payment of duty – Held that:- The finished goods cleared by the appellants to contractors of SEZ units/developers without payment of duty during the period in dispute are not ‘exempted goods' within the meaning of Rule 2(d) of the Cenvat Credit Rules, 2004. Finished goods manufactured and cleared by the appellants to.....

  • 2014 (8) TMI 654 - CESTAT CHENNAI

    Greaves Cotton Ltd. Versus Commissioner of Central Excise, Chennai-II & IV

    Central Excise - Denial of CENVAT Credit - input services on advertisement charges - product manufactured by the other unit - Held that:- Credit cannot be denied merely because the service tax on advertisement charges was paid by the Unit-I for the advertisement of product of Unit-II, while both are under the umbrella of the same company. At any event, Unit- I could be registered as input service distributor under the Rules 2004. The Tribunal held that credit should not be denied for such procedural infraction w.....

  • 2014 (8) TMI 653 - GUJARAT HIGH COURT

    Archer Metal Ltd. And 1 Versus Union of India And 4

    Central Excise - Condonation of delay - Inordinate delay of 406 days - Improper advise given by Advocate - Huge amount due on assessee - Held that:- as such and so stated in the Affidavit-in-reply filed on behalf of the respondents that as such the authorised person of the Company was the ex-employee of the department and therefore, the contention on behalf of the petitioners that he advised that before filing an appeal, the Company will have to deposit the entire amount of duty and penalty and since the Company.....

  • 2014 (8) TMI 615 - MADRAS HIGH COURT

    CPRM Steels Ltd. Versus The Customs, Excise and Service Tax Appellate Tribunal

    Central Excise - Denial of MODVAT Credit - split of consignment and transport in various vehicles against single Invoice - duplicate copy of invoice - In the facts and circumstances of the case, whether the first respondent was correct in denying the Modvat Credit to the extent of ₹ 4,63,570/- relating to the inputs received from Visakhapatnam Steel Plant, a Government of India undertaking, merely on the ground that the inputs covered under single invoice were transported by various vehicles by splitting u.....

  • 2014 (8) TMI 614 - MADRAS HIGH COURT

    The Commissioner of Customs Versus Sterlite Industries India Ltd.

    Central Excise - Valuation of goods - Whether the finding of the Tribunal that the order of the Commissioner (Appeals) with regard to the period prior to 2.3.2001 holding that the demurrage charges are addable to the assessable value is not correct in the light of Board's Circular No.14/2001, dated 2.3.2001 - Held that:- admittedly, the transactions relate to a period prior to the issuance of Circular No.14/2001-Cus, dated 2.3.2001. It is beyond any cavil that as per the circular issued by the Board of Central E.....

Recent Case Laws - Customs Cases

  • 2014 (8) TMI 652 - CESTAT NEW DELHI

    M/s PACIFIC EXPORTS Versus COMMISSIONER OF CENTRAL EXCISE, KANPUR

    Customs - Denial of refund claim - Notification No.64/2008-Cus. came on 9.5.2008 - Retrospective effect or prospective effect - Held that:- Law is well settled in the case of CCE Vs. Sunwin Technosolution Pvt. Ltd. - [2010 (9) TMI 71 - SUPREME COURT OF INDIA] that benefit granted by notification shall not be retrospective. The goods went out of the customs purview prior to the date of notification shall, not enjoy benefit of above notification - Decided against assessee......

  • 2014 (8) TMI 651 - MADRAS HIGH COURT

    Ganapathy Agencies Versus The Customs, Excise and Service Tax Appellate Tribunal

    Customs - Confiscation of goods - Misdeclaration of goods - Malafide intention to avail benefit of DEEC Scheme - Redemption fine - Held that:- earned counsel for the appellant fairly submitted that on the plea of mis-declaration with regard to grade and value of the goods, he is not seriously disputing the finding of the Commissioner of Customs as well as the Tribunal - Tribunal has, in fact, been lenient in reducing the redemption fine from ₹ 2,50,000/- to ₹ 1,00,000/- and penalty from ₹.....

  • 2014 (8) TMI 650 - BOMBAY HIGH COURT

    Hazel Mercantile Ltd., Nitin Kumar, Sanman Trade Impex Pvt. Ltd. Versus Union of India (Through The Secretary) And Others

    Customs - Duty demand - Coercive measure to compel demand - Held that:- The Petitions can be disposed of with a direction that the Respondents shall keep the coercive measures in abeyance till 22nd August 2014 to enable the Petitioners to approach the Hon'ble Supreme Court of India and seek appropriate interim relief in the pending proceedings. In the event any such applications are made and orders are passed therein, the parties to abide by the same. However, in the period we have specified, if no steps .....

  • 2014 (8) TMI 613 - MADRAS HIGH COURT

    M/s. Pentafour Products Ltd. Versus Customs, Excise and Service Tax Appellate Tribunal

    Customs - 100% EOU - violation of the provisions of the Customs Act and the Central Excise Act - Import of plant and machinery, capital goods and raw materials without payment of customs duty - tribunal ordered pre-deposit of the entire customs and excise duty along with interest - Held that:- the Commissioner has given three dates for hearing and the appellants failed to appear. They could have appeared and sought for adjournment. Having not availed the opportunity, the appellants cannot now plead viola.....

  • 2014 (8) TMI 494 - CESTAT MUMBAI

    SIDDARTH ENGG & SHIPBUILDING CO PVT LTD Versus COMMISSIONER OF CUSTOMS, GOA

    Customs - Waiver of pre-deposit - Demand of differential duty - Maintainability of appeal against the order u/s 129E - Held that:- As per Section 129A of the Customs Act, 1962 the Tribunal has power to entertain appeal against the decision or order passed by the Commissioner (Appeals) as an adjudicating authority under Section 128A of the Customs Act, 1962. In the present case the impugned order is passed under Section 129E of the Customs Act, 1962. Hence we find that the appeal is not maintainable and th.....

  • 2014 (8) TMI 465 - CESTAT MUMBAI

    MANWAT PLASTICS PVT LTD. Versus COMMISSIONER OF CUSTOMS & CENTRAL EXICSE, NAGPUR

    Customs - Denial of conversion of shipping bill from DEEC Scheme to draw-back scheme - Commissioner has denied the conversion of shipping bill on the ground that as per the CBEC Circular No. 04/2004-Cus dated 16.01.2004, conversion from DEEC Scheme into draw-back scheme can be allowed if benefit under DEEC Scheme is denied by DGFT/Ministry of Commerce or Customs authorities - Benefit not denied to assessee - Held that:- As per the CBEC Circular No.04/2004-Cus dated 16.01.2004 the condition for conversion .....

  • 2014 (8) TMI 431 - CESTAT AHMEDABAD

    CC., (Prev.), Jamnagar Versus M/s JK Cements Ltd

    Customs - Valuation of goods - First appellate authority has set aside the OIO enhancing the assessable value primarily on the grounds that goods imported at higher value were under a different contract when international prices of the imported goods were fluctuating - whether the value of imported ‘USA Origin US Green Petroleum Coke’ should enhanced on the basis of value of the consignments of the similar goods imported in the same vessel and also supplied by the same supplier - Held that:- there is no e.....

  • 2014 (8) TMI 396 - CESTAT NEW DELHI

    M/s GIVO LTD AND SHRI MK DHIR Versus COMMISSIONER OF CUSTOMS

    Customs - Valuation - import of drawings, designs and documents separately from import of plant and machinery - drawings, designs and technical documents classifiable under Customs Tariff Heading 98.03 were imported through courier without payment of duty - Suppression of value at the time of import - Held that:- Normally, "books" mean, text books or reference books meant for reading by general public, professionals and students. The imported goods were meant for sole purpose of the appellant, which canno.....

  • 2014 (8) TMI 395 - CESTAT CHENNAI

    M/s CP AQUA CULTURE INDIA PVT LTD Versus COMMISSIONER OF CUSTOMS (IMPORTS), CHENNAI

    Customs - Denial of refund claim of cess paid - Exemption of cess under Notification No. 451/2001 dated 30.6.2001 for payment of cess on export of marine products by the EOUs and the units in the Export Processing Zones and Special Economic Zones - Held that:- refund claim was filed on the basis of the exemption Notification No. 451/2001 dated 30.6.2001 which would be governed by Section 27 of the Customs Act, 1962. Accordingly, both the authorities below had rightly rejected the refund claim on the groun.....

  • 2014 (8) TMI 359 - CESTAT CHENNAI

    M/s UNISON HOTELS LTD Versus COMMISSIONER OF CUSTOMS (PORT-EXPORT), CHENNAI

    Customs - Waiver of pre deposit - Import of BMW cars under EPCG scheme - tourist purposes - Non maintenance of books of accounts - Lack of evidence - Held that:- there is no material available that the imported cars were used for tourist purposes. The Hon'ble Delhi High Court in the case of Interglobe Enterprises [2006 (1) TMI 145 - HIGH COURT OF DELHI] held that in the case of import of the cars under EPCG Scheme, it was observed that while capital goods may or may not be capable of generating convertib.....

Recent Case Laws - VAT and Sales Tax Cases

  • 2014 (8) TMI 662 - PUNJAB AND HARYANA HIGH COURT

    ABW Suncity Versus State of Haryana and others

    VAT and Sales Tax - Assessment on the value of land, External Development Charges (EDC), Infrastructure Development Charges (IDC), Licence fee, Processing fee etc - Held that:- VAT is sought to be imposed on the items other than the goods, which is not legally tenable. It was argued that in such circumstances, the assessment order is totally without jurisdiction and the alternative remedy of appeal would not be effective remedy. - counsel for the petitioner is directed to furnish the requisite number of copies of t.....

  • 2014 (8) TMI 661 - ALLAHABAD HIGH COURT

    M/s. Mehta Interstate Transport Corporation And 2 Others Versus Commissioner, Commercial Taxes

    VAT and Sales Tax - Detention of goods - relevant documents including Form 38 etc. were not available either with Transporter or with authorities managing or supervising godown during survey - Held that:- Inspection was made on 7.12.2013. The show cause notice was issued on 12.12.2013. There was a gap of 5 days but during this entire period, no attempt was made on the part of Revisionist or else to approach the authorities concerned along with documents to show that the genuine documents were already there but for .....

  • 2014 (8) TMI 617 - BOMBAY HIGH COURT

    The Additional Commissioner of Sales Tax, Vat-II Versus M/s. Khangal Enterprises

    VAT and Sales Tax - Whether the Tribunal was correct that the product 'Electric Control Panel and Transformer' manufactured by the appellant is a plant and machinery - Eligibility for benefit of reduced rate of tax on production of A-Form issued under Notification Entry No.A88 u/s 41 of the BST Act, 1959 - Held that:- Articles were used in the manufacture as plant and machinery. From the record as it stands, it is difficult to hold that the finding is incorrect or perverse. No material to the contrary has been indi.....

  • 2014 (8) TMI 616 - BOMBAY HIGH COURT

    The Additional Commissioner of Sales Tax Versus M/s. Mahyco Monsanto Biotech (India) Ltd.

    VAT and Sales Tax - Commissioner held that the sale of the technical knowhow was covered by entry 22 of the Lease Act but rejected the prayer for prospective effect - tribunal reversed the decision - Transfer of the right to use Goods for any Purposes Act 1985 (the Lease Act) read with section 52 of the Bombay Sales Tax Act 1959 (the BST Act) - Held that:- One of the reasons for exercising power under section 52(2) of the BST Act was that it is doubtful whether the transaction constituted a sale at all or not. Howe.....

  • 2014 (8) TMI 578 - KARNATAKA HIGH COURT

    M/s SHIFA CONSTRUCTIONS & BENSON ROAD Versus THE ADDITIONAL COMMISSIONER OF COMMERCIAL TAXES

    VAT and Sales Tax - Penalty imposed under Section 12-B(4) - Difference between tax paid and tax due - Held that:- amount was admittedly paid after the assessment order and was wrongly added to as advance tax to determine whether the difference of the amount is more than 15%. This error committed by the Appellate Authority was noticed by the Revisional Authority and in exercise of the powers under Section 22-A(1) of the Act corrected the order passed by the Appellate Authority - No reasons to interfere with the orde.....

  • 2014 (8) TMI 577 - KERALA HIGH COURT

    EO. Lawrence Versus Commissioner Of Commercial Taxes Tax

    VAT and Sales Tax - Writ petition - Call for records - Held that:- Writ petitions are disposed of, directing the third respondent to serve copies of the relevant documents to the petitioner at the cost of the petitioner forthwith, at any rate, within 'two weeks' from the date of receipt of a copy of this judgment and the proceedings pursuant to Ext. P14 shall be finalized by the 5th respondent/Fast Track Team, after verifying the records and giving an opportunity of hearing to the petitioner to produce all the rele.....

  • 2014 (8) TMI 576 - MADRAS HIGH COURT

    M/s. Roshan Luggage Versus The Commercial Tax Officer (FAC)

    VAT and Sales Tax - Writ of Certiorarified Mandamus to call for the records - Alternate remedy - Incorrect availment of ITC - Held that:- Additional Government Pleader appearing for the respondents opposed the prayer made in the writ petition stating that as against the impugned order passed by the first respondent, the petitioner is having an alternative remedy under Section 51 of the TNVAT Act, before the second respondent, the Appellate Deputy Commissioner (CT), Madurai, and without availing such remedy, the pet.....

  • 2014 (8) TMI 541 - GUJARAT HIGH COURT

    Sonata Ceramics Pvt. Ltd. Versus State of Gujarat

    VAT and Sales Tax - Discrepancy in stock - Whether the learned Tribunal is right in upholding demand of tax and penalty on the premise that the appellants had sold out the goods without recording the same in books of accounts - Held that:- Entire issue is based on appreciation of materials on records. One conclusion by the Tribunal, the final fact finding authority, and what was not seriously disputed by the assessee was that there was excess stock worth ₹ 8.82 lakhs in the books of accounts. On that basis, .....

  • 2014 (8) TMI 540 - MADRAS HIGH COURT

    SRI LAKSHMI TRADERS Versus THE COMMERCIAL TAX OFFICER And THE ASSISTANT COMMISSIONER (CT)

    VAT and Sales Tax - Issue of writ of certiorari - Call for records - Validity of show cause notice - Held that:- It is also very clearly stated in the said notice that the petitioner will be given a personal hearing on the above said proposal on 23.05.2014. But the petitioner without appearing before the authority has approached this Court. As rightly pointed out by the learned Additional Government Pleader appearing on behalf of the respondents, the petitioner can very well approach the authority with relevant fil.....

  • 2014 (8) TMI 503 - KERALA HIGH COURT

    M/s. Glades Engineering And Contracting Pvt. Ltd. Versus Commercial Tax Officer (WC & LT)

    VAT and Sales Tax - Stay application - Challenge to conditional order of stay that directs him to pay 30% of the dues as a condition for the stay - Held that:- On a perusal of the stay order, it is seen that while the Appellate Authority admits that there is a prima facie case established for the grant of a conditional stay, the order does not disclose the basis for insisting on the payment of even 30% of the dues conferred against the petitioner. Quasi judicial authority considering a stay application of an ass.....

Recent Case Laws - Corporate Laws Cases

  • 2014 (8) TMI 649 - SUPREME COURT

    Shivgiri Associates & Others Versus Metso Mineral (India) Pvt. Ltd.

    Corporate Laws - Jurisdiction of court - Dishonour of cheque - Whether Courts at Gurgaon holds the jurisdiction to entertain the appeal ince the notice as contemplated in Section 138 of the Negotiable Instruments Act, 1881 had been dispatched from Gurgaon - Held that:- It appears that the learned Judicial Magistrate, First Class (Special Court), District Gurgaon, Haryana, on 14.6.2010 issued Summons to the Appellant. The Appellant thereupon approached the High Court of Punjab & Haryana at Chandigarh, which passe.....

  • 2014 (8) TMI 608 - SUPREME COURT

    Pawan Kumar Ralli Versus Maninder Singh Narula

    Corporate Laws - Dishonour of Cheque - proceedings initiated by the appellant under Section 138 of the Negotiable Instruments Act, 1881 - Bar of limitation - Validity of handwritten note (Notice) sent by the appellant - Held that:- handwritten note dated 27th April, 2012 and found that it was issued within the mandatory period of thirty days of dishonour of cheques and contained (a) the subject amount of ₹ 60,00,000/- given by the appellant as loan to the respondent under promissory notes; (b) the details.....

  • 2014 (8) TMI 528 - SUPREME COURT

    Precious Jewels & Another Versus Varun Gems

    Corporate Laws - Infringement of trademark - Appellants restrained from doing their business in the concerned name - Interim order u/s 35F - Held that:- interlocutory order passed by the Court below is not just and proper in view of the provisions of Section 35 of the Act - Section 35 of the Act permits anyone to do his business in his own name in a bona fide manner. In the instant case, it is not in dispute that the defendants are doing their business in their own name and their bona fides have not been dispute.....

  • 2014 (8) TMI 493 - DELHI HIGH COURT

    In Re : Kvtek Power Systems Private Limited

    Corporate Laws - Application for sanction to the Scheme of Amalgamation - Held that:- Official Liquidator has filed his report, wherein he has stated that he has not received any complaint against the proposed Scheme from any person/party interested in the Scheme in any manner and that the affairs of the Transferor Company, which is subject matter of dissolution, do not appear to have been conducted in a manner prejudicial to the interest of its members, creditors or to public interest as per the 2nd Proviso of .....

  • 2014 (8) TMI 464 - SUPREME COURT

    M/s. Ajeet Seeds Ltd. Versus K. Gopala Krishnaiah

    Corporate Laws - Proof of service of notice under Section 138 of the Negotiable Instruments Act, 1881 - cheque bounced - Whether in absence of any averments in the complaint to the effect that the accused had a role to play in the matter of non-receipt of legal notice; or that the accused deliberately avoided service of notice, the same could have been entertained keeping in view the decision of this Court in Vinod Shivappa [2006 (5) TMI 441 - SUPREME COURT] - Held that:- It is clear that Section 114 of the Evi.....

  • 2014 (8) TMI 430 - SUPREME COURT

    Sree Mahesh Stationaries & Another Versus Indiabulls Financial Services Ltd.

    Corporate Laws - Jurisdiction of Courts for offence under Section 138 of N.I. Act - Transfer of Criminal Complaint No.14089 of 2009 from the Court of Judicial Magistrate, First Class, Gurgaon, Haryana to the Court of competent jurisdiction at Bangalore - Held that:- Only reason the complainant claims jurisdiction for the Courts at Gurgaon is the fact that the complainant-respondent had issued the statutory notices relating to the dishonour of the cheque from Gurgaon. We do not think that issue of a statutory not.....

  • 2014 (8) TMI 429 - SUPREME COURT

    M/s. Apex Distributors & Another Versus M/s. Timex Group India Ltd.

    Corporate Laws - Jurisdiction of Courts for offence under Section 138 of N.I. Act - Transfer of case - whether the Courts in Delhi had the jurisdiction to entertain the complaint in the facts and circumstances of the case especially when issue of statutory notices was the only reason urged by the respondentcomplainant for filing a complaint in Delhi - Held that:- Issue of a statutory notice demanding payment of the cheque amount is, in our opinion, not sufficient to vest the Delhi Courts with the jurisdiction to.....

  • 2014 (8) TMI 417 - SUPREME COURT

    Dashrath Rupsingh Rathod Versus State of Maharashtra & Another

    Corporate Laws - Jurisdiction of Court - office against cheque bounced - Interpretation of Section 138 of the NI Act - Harman transacted business out of Chandigarh only, where the Complainant also maintained an office, although its Head Office was in Delhi. Harman issued the cheque to the Complainant at Chandigarh; Harman had its bank account in Chandigarh alone. It is unclear where the Complainant presented the cheque for encashment but it issued the Section 138 notice from Delhi - Whether sending of notice fro.....

  • 2014 (8) TMI 416 - SUPREME COURT

    SEBI. Versus Sahara India Real Estate Corporation Ltd. & Others

    Corporate Laws - Transfer, sale and encumbrance of properties - Repayment of outstanding loan Deposited with SEBI - Conditional Bail application of Subrata Roy Sahara - Held that:- To the experience that Saharas have had with the sale of properties in Ahmedabad which fetched more than three times the circle rates prescribed for the same, we are of the view that the actual market value of the property held by Saharas is many times more than the circle rates for such property. This is evident not only from the sal.....

  • 2014 (8) TMI 394 - SUPREME COURT

    Ramdas S/o. Khelunaik Versus Krishnanand S/o. Vishnu Naik

    Corporate Laws - Dishonour of cheque - offence punishable under Section 138 - proof of hand loan - Held that:- Accused appellant deals with sale and purchase of landed properties and the respondent-complainant works as a Lorry Driver under him with a salary of ₹ 2,500/- p.m. and ₹ 20/- per day towards miscellaneous expenses (bhatta). Admittedly, the Cheque in question was for ₹ 5,00,000/- and all the way the stand of the complainant was that he had given a hand loan of ₹ 1,75,000/- to the.....

Recent Case Laws - FEMA Cases

  • 2014 (8) TMI 607 - DELHI HIGH COURT

    Umesh K. Modi Versus Deputy Director of Enforcement

    FEMA - Contravention of Section 8 (3) read with Section 8 (4) and Section 68 of the Foreign Exchange Regulation Act, 1973 - Penalty upon Director of company - Appellant states that he was a part time, non-executive director of MXL but neither in-charge of nor responsible for the conduct of its day-to-day affairs. MXL commenced its business in the year 1983-84 and had been importing goods/raw materials for its business requirements. MXL was amalgamated with Xerox Modicorp Limited (“XML”) in the year 200.....

  • 2014 (7) TMI 727 - DELHI HIGH COURT

    Enforcement Directorate Versus American Express Bank & Others

    FEMA - Condonation of delay - delay of 179 days - it is submitted that, collective decision was required to be taken in the government departments at various levels, therefore, valuable time was consumed - Held that:- under Section 35 of FEMA, appeal against the decision or order of the Appellate Tribunal would lie before the High Court provided the appeal is filed within a period of 60 days, extendable by a further period not exceeding 60 days if the High Court is satisfied that sufficient cause preve.....

  • 2014 (6) TMI 577 - DELHI HIGH COURT

    SK. Jain Versus Union of India & Another

    FEMA - Hawala transactions - Partial explanation of payment made through hawala channels - During investigation appellant invoked right against self incrimination under Article 20(3) - Imposition of penalty - Held that:- Impugned AO of the SD, ED and the impugned order of the AT proceeded on the basis that the Appellant could not have validly invoked the right against self-incrimination under Article 20 (3) of the Constitution since he was not accused in any criminal proceeding initiated under FERA at .....

  • 2014 (5) TMI 863 - DELHI HIGH COURT

    Amrik Singh Saluja, Rajiv Gopalani Versus Union of India & Another, The Director of Enforcement, Enforcement Directorate

    FEMA - Contravention of Section 9 (1) (d) of Foreign Exchange Regulation Act, 1973 - Payment made on behalf of foreign national without prior approval of RBI - Held that:- There can be no doubt that a retracted statement under Section 40 FERA, cannot form the sole basis for determining whether the maker of such a statement is guilty of contravening any of the provisions of FERA. It shall have to be corroborated by other independent evidence. In determining whether such a retracted statement can be reli.....

  • 2014 (5) TMI 824 - DELHI HIGH COURT

    Negolice India Ltd. And Others Versus Director of Enforcement

    FEMA - Violation of Section 8 (1) of the Foreign Exchange Regulation Act, 1973 - allegation that appellant has exported the goods "only for availing export benefits" - levy of penalty - Held that:- From the inquiries purportedly made by CGI, Dubai, as reflected in the correspondence between it and the DRI, the consignment was probably not cleared by APL since there were legal problems regarding the copyright raised by the Dubai Customs. Interestingly, in the "brief investigation report", enclosed with .....

  • 2014 (5) TMI 784 - DELHI HIGH COURT

    Prem Singh, Rajender Singh, Tarlochan Singh Versus Special Director Enforcement Directorate

    FEMA - Contravention of Sections 8(1) and 8(2) of the Foreign Exchange Regulation Act’ 1973 - Penalty - recovery and seizure of Indian currency - No opportunity for cross examination granted - Held that:- there was miscarriage of justice in denying the request of the Appellants for cross-examination of the ED officials. Allowing the request would have enabled the SD to determine whether the claim that the confessional statements were recorded under threat and coercion was credible - Although the mere d.....

  • 2014 (5) TMI 288 - SUPREME COURT

    LICIL Antony Versus State of Kerala & Another

    FEMA - Order of detention - Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, (COFEPOSA) - delay in passing the orders - Held that:- We must bear in mind that distinction exists between the delay in making of an order of detention under a law relating to preventive detention like COFEPOSA and the delay in complying with procedural safeguards enshrined under Article 22(5) of the Constitution. In view of the factual scenario as aforesaid, we are of the opinion that the o.....

  • 2014 (4) TMI 612 - DELHI HIGH COURT

    Directorate of Enforcement Versus Delco Precitone Jewellers Pvt. Ltd. And Others

    FEMA - Condonation of delay - Inordinate delay of 804 days in filing of appeal - Section 35 of FEMA - Held that:- Section 54 FERA permits an appeal to be filed to the High Court within 60 days. The proviso clearly prescribes that the High Court shall not entertain any appeal under Section 54 if it is filed after the expiry of 60 days of the date of communication of the decision or order of Appellate Tribunal unless the High Court is satisfied that the appellant was prevented by sufficient cause from fi.....

  • 2014 (4) TMI 585 - DELHI HIGH COURT

    Raman Narula, Club Med India Branch Office Versus The Director of Enforcement

    FEMA - Violation of Section 8(1), 16(1), 9(1)(a) and 9(1)(c)of the Foreign Exchange Regulation Act, 1973 - Special Director purportedly issued a Corrigendum stating that paragraph No. 87 is deleted and in paragraph No. 88 in line No.2 after the words ‘Noticee No.1’ and before the name Mr. Stephen John Michie, the name ‘Shri Raman Narula-Noticee No.2’ is inserted - Held that:- no prior notice was issued to Mr. Narula by the SD when the Corrigendum was issued nearly one month after the original AO was pa.....

  • 2014 (4) TMI 516 - DELHI HIGH COURT

    ASSOCIATION FOR DEMOCRATIC REFORMS AND ANR Versus UNION OF INDIA AND ORS

    FEMA - Violation of the Foreign Contribution (Regulation) Act, 1976 - Donations made to political parties for the period up to the year 2009 - Violation of Section 293(a) of the Companies Act, 1956 - Receipt of donations from the State Trading Corporation and Metals & Minerals Trading Corporation of India - Respondent contends that M/s Sterlite Industries India Ltd and M/s Sesa Goa Ltd. are not foreign companies and are Indian companies - Held that:- The Foreign Contribution (Regulation) Act, 1976 was .....

Recent Case Laws - Misc Cases

  • 2014 (8) TMI 514 - PUNJAB AND HARYANA HIGH COURT

    Capital Medicos and Others Versus Chandigarh Administration and Others

    Misc - Violation of tender conditions - Tender for leasing of shops - Rejection of bids - Non fulfillment of conditions of requirements of tender - Lack of service tax number - Held that:- A perusal of the written statement of the official-respondents shows that in fact the petitioners have filed such affidavit on November 4, 2011 attested by the Notary Public and not by the Executive Magistrate. The petitioners were called upon to file affidavit vide communication dated November 17, 2011 attested by t.....

  • 2014 (7) TMI 1006 - CHHATTISGARH HIGH COURT

    Mahadeo Versus State of Chhattisgarh.

    Misc - Office under Section 34(1)(a) of the Chhattisgarh Excise Act, 1915 - illicit liquor - validity of conviction recorded by Judicial Magistrate First Class - sentence awarded to him is reduced to simple imprisonment for one month - Held that:- Chemical examination of illicit liquor is not mandatory, it can be proved in any other manner relying upon the other tests - test report submitted by Mukesh Agrawal, Excise Sub Inspector after holding the litmus and smell test identifying the liquor as intox.....

  • 2014 (7) TMI 938 - MEGHALAYA HIGH COURT

    Customs Central Excise & Service Tax, Group ‘D’ Non Gazetted Officers’ Association Versus The Union of India

    Misc - Transfer of employees - Vacation of the interim order - Customs Department to Central Excise & Service Tax, and vice versa. - held that:- most of the employees whose names figured in the transfer list dated 21.02.2014 are not covered by the guidelines of transfer orders challenged before the Central Administrative Tribunal as they are locally transferred in Shillong from one formation to another for e.g. from Customs Department to Central Excise & Service Tax, and vice versa. Out of 28 employee.....

  • 2014 (7) TMI 916 - BOMBAY HIGH COURT

    Ashok Namdeo Sangale Versus The Union of India, Dy. Commissioner, Central Excise

    Misc - Challenge to the order of Central Administrative Tribunal - oral termination - petitioner was orally appointed as a sweeper - petitioner completed more than 240 days of service - Held that:- When a person enters a temporary employment or gets engagement as a contractual or casual worker and the engagement is not based on a proper selection as recognized by the relevant rules or procedure, he is aware of the consequences of the appointment being temporary, casual or contractual in nature. Such a.....

  • 2014 (7) TMI 773 - KERALA HIGH COURT

    The Commissioner of Customs Versus Thulaseedharan, S/o. Sankaran

    Misc - Compensation against the Motor Accidents - accident by the departmental drivers - The present stand taken by the learned Assistant Solicitor General for the appellant is that the appellant as well as the 2nd respondent herein were in the lawful exercise of a sovereign function as they were in search of drug pedallers involved in Narcotic Substances. It is argued that as the 2nd respondent was the department driver, who was on official duty and was driving the vehicle as a part of his duty, the .....

  • 2014 (7) TMI 623 - DELHI HIGH COURT

    Vibhas Kumar Jha Versus Union of India

    Misc - Right against discrimination - discrimination by the respondent Railways between the wait-listed passengers who have purchased e-tickets through the internet and the wait-listed passengers who have purchased tickets in the physical form from the Reservation Counters - wait-listed passengers holding e-tickets are prohibited from boarding the train whereas wait-listed passengers holding tickets in the physical form are entitled to board the train and take a chance of occupying any seats / berths a.....

  • 2014 (7) TMI 544 - SUPREME COURT

    M/s. Kaikara Construction Company Versus State of Kerala and Others

    Misc - Appointment of arbitrator - The case of the appellant is that the Company had completed a major part of the work. This was disputed by the respondents. According to them, only 41% of the work was completed as on 22.12.2007, based on the original contract price. - Held that:- In view of stand taken by the parties and as they mutually agreed for arbitration by retired Hon’ble Judge of the Kerala High Court, without going into the question of merit, we set aside the impugned order dated 19th July, .....

  • 2014 (7) TMI 310 - ALLAHABAD HIGH COURT

    Kumari Udyan Balika Inter College & Another Versus State of UP. And Others

    Misc - Imposition of house tax u/s 177(c) of the Act – charitable society - proposal to increase the house tax - Held that:- The provision came into effect w.e.f. 21.11.2002 by which a building solely used as School and Intermediate College whether aided by the State Government or not was exempted from payment of house tax - the assessee contended that they are no longer liable to pay house tax - the assessee have made several objections, which has remained pending - they have decided the objections .....

  • 2014 (7) TMI 58 - MADRAS HIGH COURT

    V. Thangaraj Versus The Joint Commissioner (Commercial Taxes)

    Misc - Transfer of Commercial Tax Officer - Order of transfer is challenged mainly on the ground that the same is passed against the petitioner, even before completion of two years of mandatory assessment service as required for promotion to the post of Assistant Commissioner of Commercial Taxes - Held that:- petitioner has already put in nearly one year and 10 months of service in Musiri circle in the assessment field as Commercial Tax Officer, no prejudice would be caused to the Department if he is p.....

  • 2014 (6) TMI 212 - BOMBAY HIGH COURT

    Home Care Retail Marts Pvt. Ltd. Versus Harsh Kaushal Developers

    Misc - Validity of arbitrator's award - Agreement for lease - Dispute over payment of conducting fees, outgoings and property tax - Arbitrator decided in favour of Respondents - Held that:- Admittedly, the Judgment of the Full Bench was not referred, when the issue was raised and not adjudicated by the learned Arbitrator accordingly - The question is always in such matters to consider the facts and circumstances apart from the agreement between the parties. The jurisdiction of the Arbitral Tribunal, in.....

 
 

Jiva Seva is Shiva Seva :
Service to humanity is Service to God

May I be born again and again, and suffer thousands of miseries so that I may worship the only God that exists, the only God I believe in, the sum total of all souls—and above all, my God the wicked, my God the miserable, my God the poor of all races, of all species, is the special object of my worship.

- Swami Vivekananda, CW, 5:137
 
 
 
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