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Recent Case Laws - Income Tax Cases

  • 2014 (11) TMI 43 - ITAT JODHPUR

    The DCIT Circle- 1, Jodhpur Versus M/s. Rajasthan Art Emporium Heritage House

    Income Tax - Disallowance u/s 40(a)(ia) – TDS amount deposited before before the due date of filing of return – Effect of amendment – Held that:- Following the decision in ITO vs Nem Chand Jain [2014 (1) TMI 1263 - ITAT JODHPUR] - the assessee deducted TDS which was not paid to the account of Central Govt. within the prescribed time, however it was paid before the due date of filing the return specified in Section 139(1) of the Act - addition u/s 40(a)(ia) of the Act cannot be made if the payment of tax dedu.....

  • 2014 (11) TMI 20 - DELHI HIGH COURT

    Commissioner of Income Tax Versus M/s. Steel Authority of India Ltd.

    Income Tax - Deletion of penalty u/s 271(1)(c) - Capitalization of interest – Held that:- The Tribunal was rightly of the view that the changes in capitalization or de- capitalization of interest were effected by the assessee consequent to well controlled and regulated statutory regime under the aegis of Central Government - The assessee's book results after statutory audit are subjected to audit and correction of CVC and CAG - The changes carried out by the assessee are in consonance to the recommendations .....

  • 2014 (11) TMI 19 - DELHI HIGH COURT

    Commissioner of Income Tax-XII Versus Indo Rub Industries

    Income Tax - Revision u/s 263 – Inquiry conducted or not - Whether or not the AO before passing the order u/s 143(3) of the Act had conducted enquiries which were “necessitated and required” considering the substantial increase in the capital account of the partners as well as investments made by the assessee firm in the form of capital assets – Held that:- The finding recorded by the Tribunal on the basis of documents and papers filed before them, was that the enquiry was duly made - The Tribunal has accept.....

  • 2014 (11) TMI 18 - ALLAHABAD HIGH COURT

    ID. Education Society Versus Principal Chief Commissioner of Income Tax

    Income Tax - Rejection of application of claim of exemption u/s 10(23C)(vii) – Delay in filing application beyond stipulated date of 30th September 2013 – Held that:- There is no basis or foundation in the submission that the delay in filing the application for an exemption u/s 10(23C)(vi) of the Act beyond the statutory date of 30 September 2013 should have been condoned – assessee has already filed an application u/s 10(23C)(vi), though for AY 2014-15 – thus, the order of the Principal Chief Commissioner d.....

  • 2014 (11) TMI 17 - DELHI HIGH COURT

    Housing & Urban Development Corporation Limited Versus Additional Commissioner of Income Tax

    Income Tax - Taxability of administrative expenses - Whether the Tribunal was right in holding that in terms of minutes of meeting held on 7th September, 1995 administrative expenses of 1.5% had accrued in respect of residential quarters at Andrews Ganj and were taxable as income – Held that:- There was merit in the submission made as the recorded minutes specifically refer to the position with reference to development of community centre complex at Andrews Ganj, New Delhi and not to the residential quarters.....

  • 2014 (11) TMI 16 - KERALA HIGH COURT

    M/s. GCDA Employees' Pension Fund Trust Versus The Commissioner of Income Tax-I

    Income Tax - Rejection of application of registration u/s 12AA - whether paying pension to the employees of the GCDA comes under the scope of charitable purpose or not u/s 2(15) – Held that:- The object of the Trust is to pay pension to the employees of the GCDA or their dependents from out of the corpus collected from the beneficiaries - the employees of the GCDA are contributing and from out of that contribution, they or their dependents are getting pension - Such an object implemented by the appellant-Tru.....

  • 2014 (11) TMI 15 - KARNATAKA HIGH COURT

    THE COMMISSIONER OF INCOME TAX AND THE ASSISTANT COMMISSIONER OF INCOME TAX Versus SHRI GP GOYAL

    Income Tax - Scope of undisclosed income u/s 115BA and 115BB – Transactions not recorded in the books of accounts - Whether the Tribunal was correct in holding that the additions of unexplained investment in shares, bullion etc., do not constitute undisclosed income and it was not liable to be brought to tax as per section 158BB or not – Held that:- The undisclosed income of the block period shall be the undisclosed income as defined u/s 158BA, BB and other documents and such other materials or information.....

  • 2014 (11) TMI 14 - ITAT DELHI

    Shri Suresh Nanda Versus ACIT Central Circle 13 New Delhi, DCIT.

    Income Tax - Determination of status of assessee - Residential or not - Held that:- Following the decision in Shri Suresh Nanda Versus ACIT, Central Circle-13, New Delhi [2014 (4) TMI 739 - ITAT DELHI] - although, the assessee has, in the preceding 4 years been in India for a period in excess of 365 days in India, in none of years has he been in India for a period in excess of 182 days - assessee was not a resident of India - This is a pure question of fact based on a plain reading of the provisions of secti.....

  • 2014 (11) TMI 13 - ITAT HYDERABAD

    M/s. Shriram Chits (P) Ltd. Versus Dy. Commissioner of Income-tax

    Income Tax - Chit funds - Claim of deduction on bad debts on running and terminated groups – Bad debts allowable u/s 37(1) or business loss u/s 28 - Held that:- Following the decision in M/s. Shriram Chits (P) Ltd. Versus The Joint CIT (OSD), Hyderabad [2013 (5) TMI 227 - ITAT HYDERABAD] - The amount of loss incurred by the assessee has to be allowed on both running and terminated chits if irrecoverable if the prized chit amount has gone out of the hands of the assessee - bad debts can be allowed to the exte.....

  • 2014 (11) TMI 12 - ITAT AHMEDABAD

    Asstt. Commissioner of Income Tax Versus M/s. Sarabhai Machinery Pvt. Ltd.

    Income Tax - Reversal of provision for revaluation of liability – Held that:- The assessee has revalued its liability to M/s. Ambalal Sarabhai Enterprises Ltd. (ASE Ltd.) and increased the same by ₹ 28,23,735 - in normal parlance such increase in liability is not an expense incurred wholly and exclusively for the purposes of business and is therefore not allowable as deduction to the assessee - on similar revaluation made during the year when a debit has arisen in the profit and loss account because of.....

  • 2014 (11) TMI 11 - ITAT DELHI

    DCIT, Circle 17(1), DCIT, CIRCLE 12(1), New Delhi Versus M/s Vodafone Essar South Ltd.,

    Income Tax - Depreciation on assets disallowed – Assets put to use during the year for business purpose or not – Held that:- As it has been held in COMMISSIONER OF INCOME TAX-IV, NEW DELHI Versus INSILCO LIMITED [2009 (2) TMI 31 - DELHI HIGH COURT] – the assessee has followed the prescribed accounting standards - the expression ‘used for the purposes of business’ appearing in Section 32 of the Act also takes into account emergency spares which even though ready for use are not as a matter of fact consumed or.....

  • 2014 (11) TMI 10 - ITAT HYDERABAD

    M/s. Bharati Airtel Limited Versus Dy. Commissioner of Income-tax,

    Income Tax - Amount paid covered u/s 194J or not - Compliance of TDS provisions - Business of rendering various telecommunication services including landline and internet services - Whether the payment made by the assessee company to M/s. Records and Data Warehousing Pvt. Ltd. for the services rendered in pursuance of the Master Services Agreement is in the nature of payment to contractor as envisaged in S.194C or fee for technical services as covered by S.194J or not - Held that:- The amount was paid by the.....

  • 2014 (11) TMI 9 - ITAT PUNE

    Q Logic (India) Private Limited Versus The Dy. Commissioner of Income tax

    Income Tax - Selection of comparables – Abnormal profit making concerns – Determination of ALP – International transaction of software services to Associate Enterprises - Held that:- Following the decision in Maersk Global Centres (India) Private Ltd. Vs. ACIT [2014 (3) TMI 891 - ITAT MUMBAI] - concerns which earn abnormally high profit margins cannot be excluded straight away but it would require further investigations to ascertain the reasons for their high profits - assessee is justified in asserting that.....

  • 2014 (11) TMI 8 - ITAT MUMBAI

    Income Tax Officer Versus M/s. Pratibhuti Viniyog Ltd.

    Income Tax - Non deduction of TDS - VSAT charges and transaction charges paid to stock exchange disallowed u/s 40(a)(ia) - Whether the charges were composite charges for professional and technical services rendered by the stock exchange to its members and the assessee has failed to deduct TDS – Held that:- Insofar as the transaction charges are concerned, the assessee was liable to deduct TDS u/s 194J as held in Commissioner of Income-tax - 4(3) Versus Kotak Securities Ltd. [2011 (10) TMI 24 - Bombay High Co.....

  • 2014 (11) TMI 7 - ITAT LUCKNOW

    Jai Prakash Ahuja Versus Income-tax Officer, 2 (2) Kanpur

    Income Tax - Reopening of assessment u/s 147 – Jurisdiction of AO - Held that:- Assessment was reopened after four years from the end of the relevant assessment year - before issuing notice u/s 148 of the Act, the AO was required to obtain sanction/approval from the competent authority prescribed under section 151 of the Act - section 292BB of the Act is presumptive section and on the basis of it, it can be presumed that notice required to be served was served upon the assessee if the assessee joins the asse.....

  • 2014 (11) TMI 6 - ITAT COCHIN

    Hope Micro Credit Finance (P.) Ltd. Versus Assistant Commissioner of Income-tax, Circle-1, Palakkad

    Income Tax - Levy of penalty u/s 221 r.w. Section 140A(3) – Held that:- The assessee is liable to pay the admitted tax for AY 2012-13 as per the return filed by the assessee - The assessee failed to pay this amount even after giving notice to the assessee vide notice dated 01-11-2012 served upon the assessee on 02-11-2012 wherein the AO asked the assessee to pay the admitted tax with three days from the receipt of the notice - assessee is not able to point out any reasonable cause for not depositing the admi.....

  • 2014 (11) TMI 5 - ITAT DELHI

    Deputy Commissioner of Income Tax Versus M/s Goetze(India) Ltd.

    Income Tax - Depreciation on assets of Vegetable Oil Division – Business conducted during the year or not – Whether the basic condition of Section 32 that assets must be used for the purpose of business is satisfied or not – Held that:- As decided in assessee’s own case for the earlier assessment year it has been held that once an asset forms a part of block of assets and the business having been carried on, the depreciation is allowable on the written down value (WDV) comprising of block of assets sole on a.....

  • 2014 (11) TMI 4 - ITAT DELHI

    DCIT, Circle 32(1), New Delhi Versus Sh. Ganga Singh C/o. Ms. Seema Sahai

    Income Tax - Benefit of indexation not given – Computation of capital gain for sale of two plots – No evidence for ascertainment of date - Held that:- As decided in ARUN SHUNGLOO TRUST Versus CIT [2012 (2) TMI 259 - DELHI HIGH COURT] - the cost of acquisition as envisaged in Explanation III to S.48 would be the same which was in the hands of the previous owner. The next question which posed before us is when the mother of the assessee Smt. Sita Devi had acquired these plots, if she had acquired prior to 1.4......

  • 2014 (11) TMI 3 - ITAT DELHI

    Devi Lal Coop. Sugar Mills Ltd. Versus ACIT, Sonepat Circle, Sonepat

    Income Tax - Enhancement of disallowance of repairs and maintenance of non-factory building – Held that:- There was a substantial damage to the non-factory building i.e. godowns of the assessee which were constructed during earlier financial years and assessee had to incur substantial amount for repair and maintenance of roof of these godowns - Neither the AO nor the CIT(A) have doubted the quantum of the expenditure so incurred by the assessee and the authorities below have also not considered the fact that.....

  • 2014 (11) TMI 2 - ITAT DELHI

    ITO, Ward-20(1), New Delhi Versus New Age Overseas, Prop. Shri Daljit Singh

    Income Tax - Unexplained credit u/s 68 - Facts remained unrebutted on record - Service of notice – Held that:- The assessee was the sole proprietor of M/s New Age Overseas and filed the return for the year under consideration on 05.07.2001 declaring an income of Rs,2,78,410/- has not been disputed by the Revenue – the income included the income of ₹ 2,31,187/- from the proprietary firm M/s New Age Overseas has also not been rebutted - against this return filed on 05.07.2001, no notice u/s 143(2) has be.....

Recent Case Laws - Wealth tax Cases

  • 2014 (10) TMI 435 - ITAT MUMBAI

    ST. Holding Pvt. Ltd. Versus Assistant Commissioner of Wealth Tax

    Wealth tax - Valuation of property - Section 2(ea) of Wealth Tax Act, 1957 - whether security taken for lease of asset would be treated as debt - Held that:- a security deposit taken by the assessee-lessor leads to an inflow of funds with it. He is thus without doubt better placed than a person not a receipt of the security deposit, result as it does in a corresponding increase in his cash/bank balance, which could be profitably deployed/invested. Of course, there is a concomitant liability to repay the deb.....

  • 2014 (10) TMI 403 - ANDHRA PRADESH HIGH COURT

    The Commissioner of Wealth Tax, Andhra Pradesh-I, Hyderabad Versus Trustees of Prince Moazam Jah Trust, Hyderabad

    Wealth tax - Determination of share of beneficiaries in a trust for the purpose of wealth tax - Applicability of section 21(4) - Whether the Tribunal is correct in holding that the Trust is a specific one and that the beneficiaries are known and their shares are determinate – Held that:- The basic principle requisite condition that has to be satisfied is that the shares of the persons on whose behalf or for whose benefit any such assets are held are indeterminate or unknown, the wealth-tax shall be levied up.....

  • 2014 (8) TMI 768 - ITAT MUMBAI

    WTO-8(3) (2), Mumbai Versus M/s. SN. Desai Hospitalities & Developers Pvt. Ltd.

    Wealth tax - Deletion the value of the land for Wealth Tax - Exempt u/s 2(2ea)(ii) - Whether CWT(A) erred in directing the AO to delete the value of the land for Wealth Tax purposes as being exempt ujs. 2(2ea)(ii) of the W. T. Act, without appreciating the findings of the AO in the assessment order - Held that:- it is clear that if on a plot of land construction of a building is not permissible under any law then the said plot of land could not form part of urban land or the asset to be taxed under the Act. .....

  • 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.....

Recent Case Laws - Service Tax Cases

  • 2014 (11) TMI 42 - CESTAT MUMBAI

    ANAND TYRE RETREADING SERVICES Versus COMMISSIONER OF CENTRAL EXCISE, NASHIK

    Service Tax - Penalty u/s 77 & 78 - maintenance or repair service - Held that:- Appellants are only challenging the penalties under Sections 77 and 78 of the Finance Act and the issue involved is in respect of interpretation of law and there were conflicting views on the subject matter, therefore we find merit in the contention of the appellant. The penalties imposed under Sections 77 and 78 of the Finance Act are set aside, otherwise the impugned order is upheld - Decided in favour of assessee......

  • 2014 (11) TMI 41 - CESTAT KOLKATA

    M/s. N. Kumar & Co. and M/s. Tata Steel Ltd. Versus Commr. of Central Excise & Service Tax Jamshedpur

    Service Tax - Waiver of penalty - GTA services - reverse charge mechanism - Cargo Handling services - Held that:- Applicant has paid approximately 50% of the service tax demand and the issue of levy of service tax on transportation of raw materials along with other incidental services like loading, unloading, stocking within the factory premises is debatable one, in view of various judgments delivered by the Tribunal and Hon’ble High Courts from time to time. For the purpose of stay, we find the amount alread.....

  • 2014 (11) TMI 40 - CESTAT BANGALORE

    Pearlite Liners Pvt. Ltd. Versus Commissioner of Central Excise, Customs and Service Tax MYSORE

    Service Tax - CENVAT Credit - Extended period of limitation - Malafide intention - Suppression of facts - Held that:- The assessee company was in continuous correspondence with the Superintendent of Central Excise - Facts of the case would clearly show that there was no intention to avail wrong credit or evade duty and there was no need for issue of show-cause notice and imposition of penalty in this case at all. We do not want to waste further time since we consider that sufficient time has already been wast.....

  • 2014 (11) TMI 39 - CESTAT MUMBAI

    COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE, AURANGABAD Versus NARSINHA SSK LTD

    Service Tax - Classification - assessee leased out their sugar factory - Business Support Service or renting of immovable property - Held that:- Respondent leased out their sugar factory to M/s Purna SSK Ltd. The case of the Revenue is that as the factory is leased out alongwith machine and machinery therefore the respondents are providing Business Support Service (Providing Infrastructure). It is not the case of the Revenue that only machinery with infrastructure has been used by M/s Purna SSK Ltd. As the wh.....

  • 2014 (11) TMI 38 - CESTAT NEW DELHI

    ATR CONSTRUCTIONS PVT. LTD. Versus COMMISSIONER OF C. EX., GHAZIABAD

    Service Tax - Denial of Abatement Notification No. 1/2006-S.T., dated 1-3-2006 - inclusion of value of free supply - Held that:- while the value of goods transferred or deemed to have been transferred during the course of execution of composite works contract involving supply/rendition of goods and services, must exclude the value of goods for levy of service tax; reiterated the principle that since the exemption/abatement Notifications provide an alternative facility to assessees to have their tax liability .....

  • 2014 (11) TMI 37 - CESTAT BANGALORE

    GVS PROJECTS PVT. LTD. Versus COMMR. OF C. EX., CUS. & ST., HYDERABAD-I

    Service Tax - Activity of construction of sub-stations and re-conductering works and sub-contract work undertaken for APEPDCL - Exemption under Notification No. 45/2010, dated 20-7-2010 - Erection, Commissioning and Installation Service and Works Contract Service - Held that:- Notification exempts all taxable services rendered in relation to transmission and distribution and in our opinion all services rendered are in relation to transmission and distribution and therefore appellant had made a prima facie cas.....

  • 2014 (11) TMI 36 - CESTAT BANGALORE

    STERLING TRANSFORMERS Versus COMMR. OF C. EX., CUS. & ST., TIRUPATI

    Service Tax - Activities in relation to transmission and distribution of electricity - activity of preparation of spot bills on hand held computers by taking the meter readings of electricity consumption, distributing the bills, verifying whether there is any tampering of bill - Exemption under Notification No. 45/2010-S.T., dated 20-7-2010 - Business Auxiliary Service - Held that:- It cannot be said that the items of work undertaken by the appellants discussed above are not in relation to distribution of ele.....

  • 2014 (11) TMI 35 - CESTAT BANGALORE

    WALTAIR CLUB Versus COMMR. OF C. EX., CUS. & ST., HYDERABAD-I

    Service Tax - Waiver of pre deposit - Club Association Service - Held that:- prima facie, the demand of service tax on penal interest is not sustainable. Having regard to the total amount payable on other aspects, we consider that the amount deposited by the appellant is sufficient for the purpose of hearing the appeal. Accordingly, the requirement of pre-deposit of the balance dues is waived and stay against recovery is granted during pendency of the appeal - Stay granted......

  • 2014 (10) TMI 817 - UTTARAKHAND HIGH COURT

    Commissioner, Customs And Central Excise, Meerut-I Versus M/s. RS. Travels

    Service Tax - Rent a cab scheme - principle of estoppel in law against a party - appellant has admitted the liability whereas high court has decided that the activity is not taxable in Commissioner, Customs & Central Excise Versus Sachin Malhotra, Raj Kumar Taneja, M/s. Shiva Travels [2014 (10) TMI 816 - UTTARAKHAND HIGH COURT] Case was de-linked on the basis of the fact that the respondent / assessee had effected payments and also filed affidavits to the effect that he will be paying the balance of the amoun.....

  • 2014 (10) TMI 816 - UTTARAKHAND HIGH COURT

    Commissioner, Customs & Central Excise Versus Sachin Malhotra, Raj Kumar Taneja, M/s. Shiva Travels

    Service Tax - Rent a cab scheme - whether the person engaged in the business of renting cabs, irrespective of the number of vehicles held by him (even if he does not own and has instead rented even a single cab) is not covered under the definition of Rent-a-Cab operator scheme, and not liable to pay Service Tax - Held that:- Unless there is renting of cabs, there is no question of further enquiring as to the services, which may be rendered therein. In other words, any service, which may be rendered and which .....

Recent Case Laws - Central Excise Cases

  • 2014 (11) TMI 33 - CESTAT MUMBAI

    PRAJ INDUSTRIES Versus COMMISSIONER OF CENTRAL EXCISE, PUNE III

    Central Excise - Distribution of credit by the Input service distributor (ISD) - distribution of proportionate credit - Held that:- The combined reading of the Rule 7 and the clarificatory circular dt.23/8/2007 hereby shows that there are only two restrictions regarding the distribution of the credit. The first restriction is that the credit should not exceed the amount of Service Tax paid. The second restriction is that the credit should not be attributable to services used in manufacture of exempted goods or p.....

  • 2014 (11) TMI 32 - CESTAT MUMBAI

    ASHOK LEYLAND LTD. Versus COMMISSIONER OF CENTRAL EXCISE, NAGPUR

    Central Excise - CENVAT Credit - Limitation period for taking credit - whether the time limit of taking the credit would be applicable in respect of the triplicate copy of bill of entry specified in clause (c) of sub-rule (3) of Rule 57G - Held that:- time limit of six months would be applicable from the date of issue of the bill of entry and even in respect of the goods imported prior to the amendment of Rule 57G(5) introducing the time limit. Rule 57G(3) very specifically provides that no credit under sub-rul.....

  • 2014 (11) TMI 31 - CESTAT NEW DELHI

    M/s Hero Honda Motocorp Ltd. Versus CCE, Delhi-III

    Central Excise - Valuation of goods - Inclusion of various charges in transaction value of goods - Revenue entertained a view that the noticee was receiving additional consideration over and above the price of their finished goods from the dealers toards:- Dealers staff training - Passport Programme - Birthday and Marriage Anniversary Cards - Held that:- Dealers staff training programme is a scheme innovated and executed from the head office of the company and not from the factory located at Gurgaon. The same is.....

  • 2014 (11) TMI 30 - CESTAT AHMEDABAD

    M/s. Gopala Polyplast Limited Versus Commissioner of Central Excise & ST., Ahmedabad

    Central Excise - CENVAT Credit - Whether appellant is eligible to take CENVAT credit under Rule 3(1) of the Cenvat Credit Rules, 2004 for the entire duty paid by a 100% EOU under proviso to Section 3(1) of the Central Excise Act, 1944 - Held that:- If the view put forth by the Revenue is accepted than under proviso to Section 3(1) no duty more than the duty of excise leviable under the First Schedule to Central Excise Act can be recovered from a 100% EOU. Revenue can take not one stand while recovering duties an.....

  • 2014 (11) TMI 29 - CESTAT AHMEDABAD

    M/s Jai Corporation Ltd. Versus CCE Vapi

    Central Excise - Transfer of CENVAT Credit - change in ownership - No transferring of the inputs and capital goods to the appellant - Rule 10 of CENVAT Credit Rules, 2004 - Held that:- It can be seen from the reproduced sale certificate issued by M/s Arcil (Assets Reconstruction company which is formed under the provisions of RBI Act), it transpires that the entire property of M/s Santogen Spinning Mills was handed over to the appellant with all the encumbrances and liabilities which are known and unknown. It w.....

  • 2014 (11) TMI 28 - CESTAT AHMEDABAD

    M/s Colius Paper Converters, Shri Rakesh Patel, Shri Somesh Ramesh Mehra, M/s Maple Composite Containers Ltd. Versus CCE Vapi

    Central Excise - Clandestine removal of goods - Whether the appellant M/s Colius has clandestinely removed the goods with intent to evade duty or otherwise - Held that:- through the parallel invoices, the appellant M/s Colius had cleared illicitly manufactured goods clandestinely, without entering the same into the Central Excise records and without payment of Central Excise duty which is not the case only for the 4 parallel invoices but for all the parallel invoices. appellant M/s Colius accepted that they had .....

  • 2014 (11) TMI 27 - CESTAT NEW DELHI

    M/s The Associated Cement Companies Ltd. Versus CCE, Bhopal

    Central Excise - Denial of MODVAT Credit - Capital goods - Notification No. 14/1996-CE (NT) dated 23/07/96 - Held that:- definition of capital goods given in Rule 57Q of the Central Excise Rules, 1944 during the period prior to 16/03/95 was examined once again by Larger Bench of the Tribunal in the case of Jawahar Mills Ltd. vs. CCE, Coimbatore reported in [1999 (4) TMI 153 - CEGAT, NEW DELHI]. In this case, the Tribunal, among other items, considered the eligibility for Modvat credit of the wires and cables, co.....

  • 2014 (11) TMI 26 - CESTAT NEW DELHI (LB)

    M/s Asian Clour Coated Ispat Ltd. Sh. Vikash Aggarwal, PS. Chauhan, AS. Versus CCE, Delhi-III

    Central Excise - Cenvat Credit - removal of goods after processing - exempted goods or not - Process of slitting and pickling by the appellant and are converted into HR slitted and pickled coils - Whether process amounts to manufacture or not - whether when activities of cutting or slitting of steel sheet in coil is considered as not amounting to manufacture is these any justification to allow Cenvat credit on inputs to pass the same ultimately to the buyers - Difference of opinion - Majority order - Held that:-.....

  • 2014 (11) TMI 25 - ORISSA HIGH COURT

    M/s. Orissa Stevedores Ltd. Versus Deputy Commissioner, Central Excise, Customs and Service Tax

    Central Excise - Writ petition for stay of recovery proceedings - coercive action against assessee - Held that:- appeal has been filed by the petitioner for the years 2010-11 and 2011-12 along with petitions for stay of realization of the demand raised towards interest and the same are pending before the Commissioner (Appeals) and that the petitioner has made certain payments against the demanded amount, besides payment towards pre-deposit, this writ petition is disposed of with the direction to the opposite par.....

  • 2014 (10) TMI 809 - CESTAT AHMEDABAD

    M/s Bhilosa Industries Pvt. Ltd. and others Versus CCE Vapi and others

    Central Excise - Exemption Notification No.30/2004-CE - Whether the appellants are eligible to the benefit of exemption under Sr.No.6 of the Notification No.30/2004-CE, dt.09.07.2004, as amended, when the appellants are having more than one factories and also have the facilities of manufacturing POY in a factory other than the factory of the appellants where the benefit of Notification No.30/2004-CE, dt.09.07.2004 is being availed - Held that:- The ‘act of manufacture’ is being undertaken by the appellants facto.....

Recent Case Laws - Customs Cases

  • 2014 (11) TMI 24 - CESTAT MUMBAI

    SEAMEC LTD Versus COMMISSIONER OF CUSTOMS (IMPORT), MUMBAI

    Customs - Release of confiscated vessel - redemption fine - Held that:- As the stay order was granted by this Tribunal on 25.06.2013 on the understanding that the vessel shall be remained in Indian water or the same can be redeemed on payment of redemption fine of ₹ 7 crore but relaxation was given to the applicant on execution of bank guarantee of ₹ 60,00,000/- for repair purpose only. Now the applicant wants to take the vessel outside Indian Territory for the commercial purpose. Considering .....

  • 2014 (11) TMI 23 - CESTAT MUMBAI

    UNI ABEX ALLOY PRODUCTS LTD. Versus COMMISSIONER OF CUSTOMS, JNCH NHAVA SHEVA

    Customs - Refund of interest - Unjust enrichment - Payment of interest under protest - Held that:- appellant has paid the interest for the period of the goods warehoused as per Section 61(2) of the Customs Act, 1962. Therefore, as per Circular No. 475/39/90-Cus VII dated 08.08.1990, provisions of Section 27 is not applicable to the facts of the case and consequently bar of unjust enrichment is not applicable. The same view was taken by this Tribunal in the case of Amtrex Hitachi App. Ltd. (2008 (1) TMI 81.....

  • 2014 (11) TMI 22 - CESTAT MUMBAI

    BREMBO BRAKE INDIA PVT. LTD. Versus COMMR. OF CUS. (IMPORTS), MUMBAI

    Customs - Valuation of goods - Inclusion of technical know how fees and royalty - Held that:- The department has sought to load royalty relating to the technical know-how as per Rule 10(l)(c). Undisputedly the appellants have imported components for the manufacture of Dis Brake Systems for two wheelers - explanation only added that such royalty would be includable’ in the case even if the imported goods have undergone the said process after importation of such goods. The department could not show that the.....

  • 2014 (11) TMI 21 - CESTAT BANGALORE

    DEEVYA SHAKTI PAPER MILLS (P) LTD. Versus COMMR. OF CUS., HYDERABAD-II

    Customs - Amendment of four Shipping Bills for consideration of a portion of FOB value as DEPB item - Held that:- There is not even a word on the provisions of Section 149 of the Customs Act, 1962 in the rejection letter issued by the Deputy Commissioner of Customs. The said request should have been examined in the light of the provisions of Section 149 of the Act. If the software has blocked the Shipping Bills and the Shipping Bills are not available for amendment, the situation is contrary to the provis.....

  • 2014 (10) TMI 800 - CESTAT BANGALORE

    M/s. Punjab Communications Ltd. Versus Commissioner of Customs, Central Excise & Service Tax, Hyderabad-II

    Customs - Waiver of pre deposit - import of software - customised software or embedded with the hardware - Benefit of exemption Notification No. 06/06-CE dated 1.3.2006 - Whether the main parties namely M/s Prithvi Information Systems Ltd. (PISL) and M/s Vuppalamritha Magnetic Components Ltd. (VMCL) had deliberately shown the software which was embedded in the system imported by them and supplied to BSNL as customised software separately imported to avoid payment of duty on the software portion of the im.....

  • 2014 (10) TMI 799 - CESTAT MUMBAI

    COMMISSIONER OF CUSTOMS, MUMBAI-I Versus M/s DILMEET CORPORATION

    Customs - Penalty u/s 112 - Restriction on import - radioactive nature of the goods - Held that:- importing firm had abandoned the goods in question in April-August, 1996 by their various acts of not getting the goods cleared for home consumption and not opposing the auction sale by the Port Trust and by returning the documents of title to the supplier through their Bankers. It cannot be said that the customs authorities had no notice of any of these facts for about 9 months from June, 1996 to March, 1997.....

  • 2014 (10) TMI 798 - CESTAT NEW DELHI

    BANDO (INDIA) PVT. LTD. Versus COMMR. OF CUS. (ICD), NEW DELHI

    Customs - Denial of refund claim - Unjust enrichment - Held that:- Appellants have submitted before Commissioner (Appeals) the balance sheets for the relevant period, wherein the said excess payment of duty was reflected as “advance payment/credit”. The said fact was also confirmed by Shri R.S. Malhotra, General Manager of the appellants. The appellants also took a stand that they debited the account of clearing agent inasmuch as it was his mistake. They further clarified that they have withheld the payme.....

  • 2014 (10) TMI 797 - CESTAT MUMBAI

    GAJANAN B. SUDRIK Versus COMMISSIONER OF CUSTOMS (EP), MUMBAI

    Customs - Penalty on CHA - involvment of CHA or its employee to the fraudulent transaction - Held that:- From the statement, no conclusion can be reached as to their involvement in the fraudulent transactions. All the appellants in their statements have deposed that they undertook/participated in transaction for export of goods in good faith. The CHA has also submitted the identification document such as bank opening account establishing the identity of the exporter. In these circumstances, invoking the p.....

  • 2014 (10) TMI 756 - CESTAT BANGALORE

    Dimensions Cybertech (I) Pvt Ltd Versus Commissioner Of Central Excise, Customs And Service Tax Trivandrum

    Customs - Failure to fulfill export obligation - Held that:- appellants have failed to fulfill the export obligation and therefore, the duty demand with interest made in the order is fully justified and it cannot be said that liability is disputable - appellant has not been able to make out a prima facie case in their favour at all. - stay denied......

  • 2014 (10) TMI 755 - CESTAT CHENNAI

    MKS. Mohammed Rafi Versus Commissioner of Customs (Airport & ACC), Chennai

    Customs - Confiscation of foreign currencies u/s 113(d) - penalty u/s 114 - appellant was carrying foreign currency without the permission of RBI - Held that:- The authorities took note of the voluntary statement recorded under Section 108 of the Act, wherein the petitioner had categorically admitted that he was taking the currency clandestinely on behalf of one Abdullah for monetary consideration. This particular evidence was held to be acceptable and cannot be brushed aside and there is no record to sho.....

Recent Case Laws - VAT and Sales Tax Cases

  • 2014 (11) TMI 34 - KARNATAKA HIGH COURT

    State of Karnataka Versus Maintec Technologies (P.) Ltd.

    VAT and Sales Tax - Levy of Interest from the date of filing of return or from the date of assessment - Tax liability for Non production of C form before AO - Denial of benefit of Declaration - whether the appellate authority should entertain the declaration under the circumstances when the dealer could not produce the same before the assessing authority will have to be considered in the light of the powers of the appellate authority - Held that:- If the appellate power is a limited power then entertainment of the .....

  • 2014 (10) TMI 810 - RAJASTHAN HIGH COURT

    Indure Pvt. Ltd. Versus State of Rajasthan and Others

    VAT and Sales Tax - Writ petition against the SCN issued under VAT - SCN issued for rectification of the exemption fees certificate in prescribed form VAT-14 - Held that:- While the jurisdiction of the assessing authority under section 33 of the Act of 2003 to rectify the apparent mistake as such is not challenged and possibly cannot be challenged also, the mixed questions of facts and law including certain complex questions, if decided by this court at this stage, would be like putting the cart before the horse. T.....

  • 2014 (10) TMI 765 - Andhra Pradesh High Court

    NIIT Limited Versus Deputy Commissioner (CT), Abids Division, Hyderabad and others

    VAT and Sales Tax - Nature of activity - Works Contract or contract of sale or contract of service - imparting computer education in the schools - petitioner had provided computers and software for teaching purpose - Whether the contract dated 29.6.2002 can be construed and interpreted as a 'works contract' within the meaning of Section 2 (1) (f) of APGST Act, 1957 and whether it is exigible to tax under Section 5-F of the said Act - Held that:- On a careful analysis of the recitals and terms and conditions of the .....

  • 2014 (10) TMI 727 - Karnataka High Court

    Deendayal Mahesh Kumar Versus Addl. Commissioner of Comml. Taxes, Zone-I, Gandhinagar Bengalooru and others

    VAT and Sales Tax - Local sale or Central Sale - works contract in the course of interstate sale - Whether the assessee is entitled for grant of exemption in respect of the turnover pertaining to inter-State purchases of goods used in the execution of the said project (works contract) - Held that:- Assessee, in the present case, was engaged in the manufacture and sale of electrical and electronic goods as well as in execution of works contract. The works contract was executed between the assessee and KPTCL for the .....

  • 2014 (10) TMI 640 - ALLAHABAD HIGH COURT

    M/s. Kunj Bihari Lal Radheyshyam Versus The Commissioner, Commercial Tax, UP., Lucknow

    VAT and Sales Tax - Stock transfer - CST - Whether under the facts and circumstances of the case the Form F issued by the M/s Rajdhani Traders, Delhi and M/s Radhika Enterprises, Delhi are valid declaration form under Section 6A of the Central Sales Tax Act, 1956 - Held that:- As per Scheme of Section 6A of the CST Act read with Rule 2(cc) and 12(5) of the Rules, one of the most crucial requirement to avail benefit of a Form-F is that such Form-F should be obtained by the transferee from the Prescribed Authority. T.....

  • 2014 (10) TMI 600 - ANDHRA PRADESH HIGH COURT

    M/s. Mark Infrastructure Pvt. Ltd. Versus The Commercial Tax Officer

    VAT and Sales Tax - Exemption from payment of tax - Exemption to sub-contractor - Suppression of facts - Abuse of Court - Contempt of Court - Held that:- petitioner received the show- cause notice dated 12.08.2013 on 14.08.2013. It is also not in dispute that no reply was filed thereto by the petitioner before the first respondent, prior to the assessment order being passed on 31.08.2013. The petitioner claims to have submitted their objections, vide letter dated 30.08.2013, not to the first respondent, but to the .....

  • 2014 (10) TMI 561 - ALLAHABAD HIGH COURT

    Bajaj Hindustan Limited Versus State of Uttar Pradesh And Others

    VAT and Sales Tax - Imposition of purchase tax on sugarcane - Tax exemption - principle of promissory estoppel and legitimate expectation - Held that:- The petitioner, upon the assurances and promises contained in the sugar industry promotion policy, 2004 and the steps taken by the government to provide employment and in furtherance to the notification issued under Section 14 of the Act, decided to make investment in the sugar industry in the State of Uttar Pradesh. Based on the eligibility certificates, the petit.....

  • 2014 (10) TMI 529 - ALLAHABAD HIGH COURT

    The Commissioner, Commercial Tax Versus Dabur India Ltd.

    VAT and Sales Tax - Penalty u/s 54(1)(14) of UP VAT - import of goods into the State by road against a declaration form - contravention of the provisions of Section 50 - Held that:- Non-filling up of column no. 6 i.e. not mentioning of bill / cash memo / chalan / invoice number may lead to an inference that in case of non-checking of goods the declaration form may be re-used for importing goods of same quantity, weight and value to evade payment of tax but it cannot be the sole ground to impose penalty under Secti.....

  • 2014 (10) TMI 449 - ALLAHABAD HIGH COURT

    M/s. RK. Trading Versus Commercial Trade Tax, Appellate Tribunal

    VAT and Sales Tax - Classification of goods - Applicable rate of tax - Whether Gambier is catechu liable to tax at the rate of 4% or it is an unclassified item liable to tax at the rate of 12.5% - Held that:- Applicant deals in Gambier, which is a non-edible commodity. Catechu is an edible commodity, which is specified in Entry-68 of Part-A of Schedule II to the Act. The assessing authority assessed to tax the sale turnover of Gambier as an unclassified item vide assessment order dated 19.10.2012 for the Assessme.....

  • 2014 (10) TMI 411 - Supreme Court of India

    Bhima Jewellery Versus Assistant Commissioner (Assessment), Kerala and another

    VAT and Sales Tax - Additional tax under section 5D of the Kerala General Sales Tax Act, 1963 - Payment of tax @ compounded rate u/s 7 of the Act - Assessment under regular provisions when assessee has choosen compounded levy - Held that:- additional tax can be levied and collected by the Revenue from a dealer who is liable to pay tax under sections 5 and 5A of the KGST Act at a particular rate. In the instant case, the dealer is not being taxed under section 5 or section 5A of the KGST Act but is paying tax at the.....

Recent Case Laws - Corporate Laws Cases

  • 2014 (10) TMI 670 - SUPREME COURT OF INDIA

    Securities and Exchange Board of India Verus Sahara India Real Estate Corporation Ltd.

    Corporate Laws - Restriction on offer of equity shares/OFCDS or any other securities to the public or invite subscription in any manner whatsoever either directly or indirectly - High Court directed to refund the amount collected by Saharas in terms of the RHPs issued by them alongwith interest @ 15% p.a. from the date of the receipt of the deposits till the date of such repayment - Held that:- It is apparent, from the submissions made at the bar, that these IAs have two limbs: In the first instance, the contemn.....

  • 2014 (10) TMI 405 - SUPREME COURT

    Swan Gold Mining Ltd. Versus Hindustan Copper Ltd.

    Corporate Laws - Dismissal of application u/s 34 of the Arbitration and Conciliation Act - Learned Arbitrator held that the clause relating to payment of taxes was deleted by the appellant’s representative Mr. Ahlawat on 19.1.2007 and since work order was acknowledged, it is binding on the appellan - issue of deviation in price bid on 19.1.2007 - appellant, also challenged the arbitral award on the ground that the same is in conflict with the public policy of Indi - Held that:- Appellant has accepted the liabili.....

  • 2014 (10) TMI 368 - SUPREME COURT

    The Stock Exchange, Bombay Versus VS. Kandalgaonkar

    Corporate Laws - Priority of Crown debts - Overriding effect - Declaration of member of stock exchange as defaulter - Income Tax Department claims that it has priority over all debts owed by the defaulter member, whereas the Stock Exchange, Bombay claims otherwise - Held that:- The first thing to be noticed is that the Income Tax Act does not provide for any paramountcy of dues by way of income tax. - In the present case, the common law of England qua Crown debts became applicable by virtue of Article 372 of t.....

  • 2014 (9) TMI 60 - SUPREME COURT

    M/s. Navodaya Mass Entertainment Ltd. Versus M/s. JM. Combines

    Corporate Laws - Arbitration award - scope of court to interfere - Division Bench of the High Court affirmed the award of the Arbitrator - Held that:- the scope of interference of the Court is very limited. Court would not be justified in reappraising the material on record and substituting its own view in place of the Arbitrator’s view. Where there is an error apparent on the face of the record or the Arbitrator has not followed the statutory legal position, then and then only it would be justified in interferi.....

  • 2014 (9) TMI 21 - SUPREME COURT

    Pulsive Technologies P. Ltd. Versus State of Gujarat & Others

    Corporate Laws - Offences punishable under Section 138 and 142 of the Negotiable Instruments Act - cheque bounced - Payment stopped by drawer - failure to fulfill the obligation by the drawee - The High Court observed that “stop payment” instructions were given because the complainant had failed to discharge its obligations as per agreement by not repairing/replacing the damaged UPS system. - Held that:- The High Court fell into a grave error when it proceeded to quash the complaint. Even “stop payment” instruct.....

  • 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.....

Recent Case Laws - FEMA Cases

  • 2014 (10) TMI 527 - DELHI HIGH COURT

    Lalit Kumar Modi Versus Union of India And Others

    FEMA - Revocation of appellant's Passport - penalty on the appellant under Section 13 of FEMA for having contravened the provisions of Section 37 of FEMA read with Section 131(1) and 272A(1) of the Income-tax Act, 1961. - Held that:- officers under the Income-tax Act have the same powers as are vested in a court under the Code of Civil Procedure, 1908 to try a suit in respect of inter alia discovery and inspection, enforcing the attendance of any person, including any officer of a bank / company and ex.....

  • 2014 (10) TMI 436 - DELHI HIGH COURT

    Rajiv Chanana Versus Deputy Director Directorate of Enforcement

    FEMA - Attachment of property - Prevention of Money Laundering Act, 2002 - Held that:- One is hard pressed to imagine how a trial for an offence of money laundering can continue where the fundamental basis – the commission of a schedule offence – in this case offence under Section 307 IPC – has been found to be disproved - attachment of a property is liable to be vacated if the existence of a scheduled offence is negated. Clearly, attachment of proceeds of crime cannot continue if the alleged scheduled.....

  • 2014 (10) TMI 404 - DELHI HIGH COURT

    Rakesh Jain, Ravinder Jain, Som Chai Chai Srichawla Versus Union of India, Enforcement Directorate

    FEMA - Contravention of Sections 9 (1) (b), 9 (1) (c) and 9 (1) (d) read with Section 64 (2) of the Foreign Exchange Regulations Act, 1973 - Remission of amount from abroad - Held that:- ED itself is not clear whether the declaration made by Mr. Sri Chawla in Bangkok could be termed as a statement under Section 40 of FERA. It is not shown that the procedure envisaged under FERA was followed while recording the said declaration. In any event, Mr. Sri Chawla only talks of payment being made to two person.....

  • 2014 (10) TMI 367 - SUPREME COURT

    A. Tajudeen Versus Union of India

    FEMA - Violation of Section 9(1)(b) of the Foreign Exchange Regulation Act, 1973 - Confiscation of seized amount - Imposition of penalty - Appellate Board set aside confiscation and ordered refund of penalty whereas High Court upheld the same - Held that:- There is no doubt whatsoever, that no reliance has been placed on the alleged statement made by the appellant on 20.4.1989 before the officers of the Enforcement Directorate, in the memorandum dated 12.3.1990. Per se, therefore, it was not open to th.....

  • 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.....

Recent Case Laws - Misc Cases

  • 2014 (10) TMI 719 - ALLAHABAD HIGH COURT

    Triloki Prasad Sonkar Versus State of UP. Thru Excise Secy. Deptt. of Excise & 3 Others

    Misc - Cancellation of liquor license - Validity of order passed - Mandatory requirements not fulfilled - Held that:- section 48 clearly places an obligation upon the authorities prescribed therein to enter inspect any place in which any licensed manufacturer carries on the manufacture of or stores any intoxicant but such entry and inspection can only be made within the hours during which sale is permitted, and at any other time during which the same may be open, the authority has to record his reasons.....

  • 2014 (10) TMI 628 - SUPREME COURT OF INDIA

    Rishipal Singh Versus State of UP.

    Misc - Theft of signed cheques - Conspiracy with bank to withdraw money from Respondent's account - Quashing of proceedings under Sections 34, 379, 411, 417, 418, 420, 457, 458 and 477 IPC - Held that:- object of exercise of power under this section is to prevent abuse of process of Court and to secure ends of justice. There are no hard and fast rules that can be laid down for the exercise of the extraordinary jurisdiction, but exercising the same is an exception, but not a rule of law. It is no doubt .....

  • 2014 (10) TMI 589 - SUPREME COURT

    Oil & Natural Gas Corporation Ltd. Versus Western Geco international Ltd.

    Misc - Validity of award passed by Arbitral Tribunal - delay in the return of the vessel to the Corporation after upgradation. - Who is responsible for this delay is the essence of the dispute between the parties. - ‘Fundamental policy of Indian Law’ - Held that:- The Arbitrators have after examining the material placed before them recorded a finding to the effect that the delay between 10th July 2001 and 31st March 2001 was entirely attributable to the respondent. From the findings of the fact reco.....

  • 2014 (10) TMI 550 - SUPREME COURT

    M/s. Anand Brothers P. Ltd. Tr. MD. Versus Union of India & Others

    Misc - Validity of Arbitral award - High court set aside order holding that Arbitrator had not recorded his “findings” as required under Clause 70 of the General Conditions of Contract - Held that:- Clause 70 makes a clear distinction between findings on each individual item of dispute on the one hand and the sum, if any, awarded in regard to the same on the other. That the Arbitrator had made his award in regard to each item of dispute raised by the appellant before it, is evident from a reading of th.....

  • 2014 (10) TMI 528 - SUPREME COURT

    Madhya Pradesh State Legal Services Authority Versus Prateek Jain & Another

    Misc - Dishonour of cheque - Compounding of offence - scope of Lok Adalats - The appellant comes in picture only because the parties had approached the Mega Lok Adalat organised by the appellant. The reason for filing the present appeal is the apprehension of the appellant that if the settlement arrived at in the Lok Adalats are not accepted by the Courts, one of the essential function and duty of Legal Services Authority cast upon by the Legal Services Authorities Act, 1987 (hereinafter referred to as.....

  • 2014 (10) TMI 437 - SUPREME COURT

    State of West Bengal & Others Versus Associated Contractors

    Misc - Jurisdiction of Court - application under Section 34 of the Arbitration and Conciliation Act, 1996 - Held that:- There are a variety of reasons as to why the Supreme Court cannot possibly be considered to be “court” within the meaning of Section 2(1)(e) even if it retains seisin over the arbitral proceedings. Firstly, as noted above, the definition is exhaustive and recognizes only one of two possible courts that could be “court” for the purpose of Section 2(1)(e). Secondly, under the 1940 Act, .....

  • 2014 (10) TMI 366 - SUPREME COURT

    Vinay Kumar Shailendra, Times Business Solution Limited, M/s. KK. Ploycolor India Ltd. & Ors. Versus Delhi High Court Legal Services Committee And Another, Databyte, Global Trade Finance Ltd.

    Misc - Maintainability of appeal - Dishonour of cheque - Jurisdiction of courts - High Court directed return of all complaints filed under Section 138 of the Negotiable Instrument Act, 1881 in which the Metropolitan Magistrates in Delhi have taken cognizance only because the statutory notices in terms of proviso to Section 138 of the Act have been issued to the drawers of the cheque from Delhi - Held that:- The order passed by the High Court simply directs return of complaints in cases where the same h.....

  • 2014 (10) TMI 328 - SUPREME COURT OF INDIA

    Subrata Chattoraj Versus Union of India

    Misc - Ponzi schemes - Transfer of investigation from the State Agencies to the Central Bureau of Investigation (CBI) under the Delhi Special Police Establishment Act - major financial scam nicknamed 'Chit Fund Scam' affecting lakhs of depositors across several States - Held that:- no basis of the apprehension expressed by the State Governments. It is true that a lot can be said about the independence of CBI as a premier Investigating Agency but so long as there is nothing substantial affecting its .....

  • 2014 (10) TMI 231 - CENTRAL INFORMATION COMMISSION

    RK. JAIN Versus DIRECTORATE GENERAL OF VIGILANCE, CUS. & C. EX.

    Misc - Levy of penalty for delay in providing information under RTI Act - Held that:- Main contention of the appellant is that the information was provided to Shri Sharan in July, 2012 whereas the appellant was provided information on the same subject matter in June, 2013 - Commission is of the view that the CPIO has prima facie caused a delay of more than 100 days in providing information to the appellant. A separate show cause notice under Section 20(1) of the RTI Act would be issued to the CPIO aski.....

  • 2014 (9) TMI 399 - Madras High Court

    SHIPPING CORPORATION OF INDIA Versus MODERN RE-ROLLERS

    Misc - Loss caused due to the short delivery of the goods - suit for recovery from the appellant/first defendant and the second respondent/second defendant - Whether the appellant is liable to make good the loss caused due to the short delivery of goods, as alleged by the first respondent? - Held that:- having regard to the admission made by the first respondent, that the carrier delivered the cargo, entrusted with it, and the shortage of goods occurred, due to theft or pilferage, when the goods were .....

 
 

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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