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Recent Case Laws - Income Tax Cases

  • 2014 (10) TMI 505 - ITAT BANGALORE

    Millipore (India) (P.) Ltd. Versus Deputy Commissioner of Income-tax, Circle 12(1), Bangalore

    Income Tax - Transfer pricing adjustment – Inclusion and exclusion of comparables – Functionally different - Held that:- CIT(A) rightly was of the view that M/s. Spectrum Infotek Pvt. Ltd. was found to be engaged in the business of manufacturing as well as research & development, but no segmental details were available - the company was found to be mainly in the domestic business, whereas the assessee was 100% EOU - there was no functional comparability found between assessee company and M/s. Seven Gentech P.....

  • 2014 (10) TMI 504 - ITAT HYDERABAD

    TNS India (P.) Ltd. Versus Additional Commissioner of Income-tax, Range- 12, Hyderabad

    Income Tax - Selection of comparables - Vishal Information Technology Ltd. – functionally different unit - Held that:- Assessee as well as TPO has not gone into verticals/horizontals of the ITES sector while selecting comparables - the employee cost of this company is abnormally low compared to the assessee, which presupposes that it has outsourced major portion of its work to third parties - Following the decision in M/s. HSBC Electronic Data Processing India Ltd. Versus Dy. Commissioner of Income-tax Circl.....

  • 2014 (10) TMI 503 - ITAT MUMBAI

    M/s. Eros Multimedia Pvt. Ltd. Versus The DCIT 8(1), Mumbai

    Income Tax - Computation of deduction 80HHF - Reduction of 90% of other income from profits of business - Duty Drawback, Sundry Balances written back, Miscellaneous Income and Compensation – Held that:- CIT(A) has admitted that all the receipts cited by the assessee have an element of turnover and can be assessed under the business head but they do not ipso facto qualify the deduction - Following the decision in ACIT vs. Star India Pvt. Ltd. [2008 (4) TMI 535 - ITAT MUMBAI] - the provisions of section 80HHF .....

  • 2014 (10) TMI 502 - ITAT PANAJI

    Sri Laxmi Credit Souhard Sahakari Ltd. Versus Income Tax Officer

    Income Tax - Entitlement for deduction u/s 80P(2)(a)(i) - Co-operative society providing credit facilities to its members - Whether the Assessee is entitled for deduction u/s 80P(2)(a)(i) and whether the Assessee is hit by the provisions of Sec. 80P(4) which was introduced in the statute by the Finance Act, 2006 w.e.f. 1.4.2007 – Held that:- Banking means accepting deposit of money from the public which is repayable on demand or otherwise and withdrawal of these deposits by cheque, draft, order or otherwise .....

  • 2014 (10) TMI 501 - ITAT PANAJI

    Shri Vishweshwarayya Urban Souharda Sahakari Niyamit Santeesh H. Nadagouda Versus Income Tax Officer

    Income Tax - Deduction u/s 80P – Assessee is a co-operative society registered under the Karnataka Souharda Sahakari Act, 1997 - Whether the Assessee is entitled for deduction u/s 80P(2)(a)(i) and whether the Assessee is hit by the provisions of Sec. 80P(4) which was introduced in the statute by the Finance Act, 2006 w.e.f. 1.4.2007 - Held that:- Sec. 80P(2)(a)(i) provides two types of activities in which the co-operative society must be engaged to be eligible for deduction under sub-clause (i) - These two a.....

  • 2014 (10) TMI 500 - ITAT DELHI

    Chanan Devi, C/o Prop. NS. Enterprises Versus ACIT Circle Saharanpur

    Income Tax - Addition on account of low GP – Application of GP @ 9.7% as against 12% - Held that:- The AO has not rejected the books of account but assessee in course of survey had surrendered the amount of ₹ 4,50,000/- to cover up the discrepancy in stock and other items found at the time of survey - Therefore, the books of account were not reliable - The estimation made by ld. CIT(A) is quite reasonable considering the entirety of facts and circumstances particularly because in the case of M/s Niranj.....

  • 2014 (10) TMI 499 - ITAT MUMBAI

    ACIT (TDS) 3(2), Mumbai Versus Jet Lite (India) Ltd.

    Income Tax - Cargo handling charges to be taxed u/s 194J @ 5% or u/s 194 @ 2% - Held that:- Following the decision in Glaxo Smithkline Consumer Healthcare Ltd. Versus Income-tax Officer, Ward 49(3), New Delhi [2006 (10) TMI 259 - ITAT DELHI] – the services are also clearly not in the nature of technical, consultancy or managerial services, therefore, tax in respect of these services are not to be deductible u/s 194J of the Act - CBDT in its Circular No. 720, dated 30-8-1995 had also provided that various pro.....

  • 2014 (10) TMI 498 - ITAT PANAJI

    Income Tax Officer Versus The Sankeshwar Souharda Credit Sahakari Ltd.

    Income Tax - Claim of deduction u/s 80P(2)(a)(i) - Assessee is a co-operative society under Karnataka Societies Act, 1959 - Whether the Assessee is hit by the provisions of Sec. 80P(4) which was introduced in the statute by the Finance Act, 2006 w.e.f. 1.4.2007 - Held that:- Sec. 80P(2)(a)(i) provides two types of activities in which the co-operative society must be engaged to be eligible for deduction under sub-clause (i) - These two activities are not alternates ones because the section allows deduction to.....

  • 2014 (10) TMI 497 - ITAT AHMEDABAD

    Yadunandan Cotton Pvt. Ltd. Versus ACIT, Circle-1, Bhavnagar

    Income Tax - Unaccounted sales - Refusal of estimate profit - Held that:- CIT(A) rightly was of the view that there was no mention of sales made to Shreeji in the statement recorded during the survey - CIT(A) after examining the photo copy of the stock register has given a finding that the sales stated to have been made to Shreeji Sales has been entered after all the sales have been recorded up to 31.03.2007 and the totals were drawn and further the sales as per bills was stated to be 16735 Kg whereas the en.....

  • 2014 (10) TMI 496 - ITAT AGRA

    ACIT., Circle 1 Versus Shri Jai Prakash Panjwani, Gwalior.

    Income Tax - Addition of various unexplained creditor – Held that:- CIT(A) rightly perused the record and information u/s. 133(6) and also gone through the statement of account of assessee in the books of M/s. Jai Traders as obtained by the AO on 25.11.2010 as well as assessee’s books of account showing the account of Jai Traders, and it was found that difference is explained which arise because of the contra entry on account of return of cheques – The order of the CIT(A) is upheld – Decided against revenue......

  • 2014 (10) TMI 495 - ITAT PUNE

    Dy. CIT Central Circle-1(2), Pune Versus Dr. BV. Rao Institute of Poultry Management & Technology

    Income Tax - Entitlement for claim of exemption u/s 11 - Whether the CIT(A) was justified in holding that the assessee is entitled for exemption u/s.11 without appreciating the fact that the poultry business of the assessee is the primary objective and hence not incidental to education – Held that:- As decided in assessee’s own case for the earlier assessment year, it has been held that the assessee is a Charitable Trust registered u/s.12A of the Act vide No.3866 dated 21-01-1985 - The trust is also register.....

  • 2014 (10) TMI 494 - ITAT DELHI

    Sita Ram Gupta Versus Assistant Commissioner of Income-tax, Central Circle-I, Faridabad

    Income Tax - Penalty u/s 271AAA - Undisclosed income in pursuance of search - particulars of transactions furnished or not – Held that:- U/s 132 (4) of the Act unless the authorized officer puts a specific question with regard to the manner in which income has been derived, it is not expected from the person to make a statement in this regard and in case in the statement the manner in which income has been derived has not been stated but has been stated subsequently, that amounts to the compliance with Expla.....

  • 2014 (10) TMI 493 - ITAT MUMBAI

    Lionbridge Technologies (P.) Ltd. Versus Income-tax Officer-8 (2) (2), Mumba

    Income Tax - Arm’s length price adjustment – International transaction with IT and ITES - Low end back office support services - Held that:- Assessee is a 100% Export Oriented Unit (EOU) engaged in providing low end back office support services - As both the units of the assessee are situated at Software Technology Park, deduction u/s.10A was claimed in the return of income - During the year under consideration, assessee had also entered into transaction in connection with IT & ITES activity undertaken by i.....

  • 2014 (10) TMI 492 - ITAT AGRA

    Shri Rajeev Kumar Agrawal, Versus Joint Commissioner of Income Tax

    Income Tax - Non-deduction of TDS on interest payment u/s 40(a)(ia) – Held that:- The underlying objective of section 40(a)(ia) was to disallow deduction in respect of expenditure in a situation in which the income embedded in related payments remains untaxed due to non-deduction of tax at source by the assessee – relying upon Commissioner of Income Tax –XIII Versus Rajinder Kumar [2013 (7) TMI 454 - DELHI HIGH COURT] section 40(a)(ia) cannot be seen as intended to be a penal provision to punish the lapses o.....

  • 2014 (10) TMI 491 - ITAT AGRA

    Shri Ronak Arora, Versus Income-tax Officer, 4(3), Agra.

    Income Tax - Levy of penalty u/s 271(1)(c) - Income from commission received from various shoe traders and interest on loans – Held that:- Following the decision in Vijay Kumar Gupta vs. ITO [2014 (3) TMI 175 - ITAT AGRA] - it is clear case of concealment of income because the assessee has concealed the bank account maintained with ICICI Bank Ltd. from the Revenue department - It is the net profit rate which has to be adopted in such cases - As regards the legal proposition that sales cannot be regarded as p.....

  • 2014 (10) TMI 490 - ITAT MUMBAI

    Asstt. Commissioner of Income tax Versus Zenstar Impex

    Income Tax - Provisional commission not ascertained – AO treated as contingent liability – Held that:- The assessee has been paying commission on a certain percentage to the agents on the exports sales made - the assessee has been paying commission @ 2% to 3% - For most of the invoices the commission has been paid before 31st March 2007 - Only for the past of the sum aggregating ₹ 9,22,777, the commission on the sale made remained payable for which the assessee has made a provision, which too has been .....

  • 2014 (10) TMI 489 - ITAT MUMBAI

    ACIT. Central Circle 2, Thane Versus M/s. Veena Developers Nikunj House

    Income Tax - Reassessment u/s 147 - Deduction u/s 80IB(10) - Area of the commercial tenements occupied in respect of "Veena Sur" project is 1488 sq.ft. – Held that:- Once an issue is adjudicated and settled by the higher judicial authority, it is not open to the lower income tax authorities to reopen, make assessment or reassessment on the basis of same facts and circumstances and in the absence any incriminating or new material, information or evidence or of a contrary decision of superior judicial authorit.....

  • 2014 (10) TMI 488 - ITAT DELHI

    DCIT Versus M/s. Destination of the World (Subcontinent) Pvt. Ltd.

    Income Tax - Determination of ALP – International transaction - Reference to TPO - Recourse to external comparables v/s internal comparables - Held that:- The attempt should be made to determine arm’s length price of controlled transactions by comparing the same with internal uncontrolled transactions undertaken in same or similar economic scenario - the transfer pricing analysis should have been done by taking recourse to internal uncontrolled transactions - the assessee has not been able to show, on the ba.....

  • 2014 (10) TMI 487 - ITAT JODHPUR

    Income Tax Officer Versus M/s. KPS. Construction

    Income Tax - Reduction of net profits from 12% to 5.5% - Failure to produce books of accounts, bills and vouchers - Held that:- The assessee did not produce the bills and vouchers for verification before the AO - there was no other option except to estimate the income, however the estimate by applying the net profit rate of 12% by the AO was without any basis and even the past history of the case was not considered - CIT(A) considered the past history of the assessee and applied the net profit rate of 5.5% -.....

  • 2014 (10) TMI 486 - ITAT PUNE

    ITO, Ward-8(3), Pune Versus M/s. Namrata Construction Co.

    Income Tax - Addition on the basis of Statements recorded during the survey u/s 133A - statement was retracted later - Addition to be made on substantive basis or not – Held that:- No incriminating documents were found by the survey team – relying upon CBDT vide Circular F. No.286/2/2003 dated 10-03-2003 and CIT Vs. Dhingra Metal Works [2010 (10) TMI 29 - DELHI HIGH COURT] - the addition was made on the basis of statement recorded during the course of survey which was subsequently retracted and since no corr.....

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 (10) TMI 525 - CESTAT MUMBAI

    COMMISSIONER OF CENTRAL EXCISE, PUNE-III Versus M/s AKRUTI PROJECTS

    Service Tax - Commercial or Industrial Construction Service - main contractor has paid Service Tax on the transaction - Whether the sub-contractor of a main contractor is liable to discharge the service tax liability on the services provided by him on the same transaction - Held that:- Notification No. 1/2006-ST is in confrontation with the charging section, Section 66 of the Finance Act, 1994 and accordingly I hold the same is not applicable in the facts and circumstances of the case so far as the condition.....

  • 2014 (10) TMI 524 - CESTAT MUMBAI (LB)

    SUNIL HI-TECH ENGINEERS LTD Versus COMMISSIONER OF CENTRAL EXCISE, NAGPUR

    Service Tax - Whether the sub-contractor of a main contractor is liable to discharge the service tax liability on the services provided by him - Applicability of old circulars - Denial of the benefit of exemption under Notification No. 12/2003-ST - Abatement of 67% under notification No.1/2006-ST - Penalties under sections 76, 77 and 78 - Held that:- Service tax law has been extended to a large number of services from 2002 onwards and scheme of Cenvat Credit was extended to services, no such circular has been.....

  • 2014 (10) TMI 523 - CESTAT MUMBAI

    UPS JETAIR EXPRESS PVT LTD Versus COMMISSIONER OF CENTRAL EXCISE, MUMBAI II

    Service Tax - Waiver of pre-deposit of service tax - Various services provided by applicant - import of courier services - Held that:- For Courier received in India, the remuneration towards service rendered received in India and they are paying the service tax on whole of the amount. Therefore, whatever amount they paid to the foreign entity, the applicant is not required to pay service tax. When foreign entity is receiving courier to be delivered in India and the same has been given to the applicant to d.....

  • 2014 (10) TMI 522 - CESTAT MUMBAI

    AB CORP LTD Versus COMMISSIONER OF CENTRAL EXCISE, MUMBAI-II

    Service Tax - Waiver of pre-deposit - Business Auxiliary Service - applicant agreed to promote, endorse NKID products through artist - Held that:- product in question are not 'goods' as per section 2(7) of the Sale of Goods Act, 1930. Therefore, the levy of service tax under the category of Business Auxiliary Service is not sustainable. In these circumstances, the applicant has made out a case for complete waiver of pre-deposit - Stay granted......

  • 2014 (10) TMI 521 - CESTAT MUMBAI

    YARDSTICK TECHNOLOGIES PVT LTD Versus COMMISSIONER OF SERVICE TAX, MUMBAI-II

    Service Tax - Waiver of pre deposit - providing smart card based driving licence and paper based learning licence on behalf of Government of Maharashtra - Business Auxiliary Service/Business Support Service - Held that:- As issuance of the driving licence by the applicant on behalf of the Government of Maharashtra prima facie is not an activity of business, therefore, the same does not qualify under Business Auxiliary Service/Business Support Service. In these circumstances, the applicants have made out a ca.....

  • 2014 (10) TMI 520 - CESTAT NEW DELHI

    M/s. AB. Hotels Ltd. Versus CCE, New Delhi

    Service Tax - Mandap Keeper service - benefit of abatement of 40% in terms of notification no.12/2001-ST dated 20.12.2001 - Held that:- As such the finding of the appellate authority that abatement was available only till 31.3.2004 is factually incorrect. Further, we find that though the appellant have raised the above ground of availment of notification before the Asstt. Commissioner, he has bothered not to examine the same and to find out whether the conditions of the said notification are fulfilled or not......

  • 2014 (10) TMI 519 - CESTAT AHMEDABAD

    M/s. Rishi Kiran Logistics Pvt. Limited Versus Commissioner of Central Excise & ST., Rajkot

    Service Tax - Availment of CENVAT Credit - common services - payment of an amount @ 10% / 5% on the electricity sold by the appellant from their electricity generated in Tamil Nadu as per Rule 6 of the Cenvat Credit Rules, 2004 - Held that:- During the course of the hearing and on perusal of the case records, it is observed by us that no where it is coming out as to which common services were availed by the appellant which were used both in the premises of the appellant as well as the electricity generating u.....

  • 2014 (10) TMI 518 - CESTAT NEW DELHI

    SHREE BALAJI TENT HOUSE Versus COMMISSIONER OF CENTRAL EXCISE, JAIPUR

    Service Tax - Waiver of pre deposit - Pandal or Shamiana Contractor servic - activity such as provision of furniture, barricades, matting and white side wall - Held that:- On a prima facie analysis, in view of Section 65(77a), Pandal or Shamiana is defined to mean a place specially prepared or arranged for organising an official, social or business functions; and under Section 65(77b) Pandal or Shamiana contractor means a person engaged in providing any service, either directly or indirectly, in connection wi.....

  • 2014 (10) TMI 517 - CESTAT CHENNAI

    SREE INFRA TECH Versus COMMR. OF C. EX., TIRUCHIRAPALLI

    Service Tax - Demand of interest on the amount of service tax paid wrongly which was found as not payable - Held that:- When the demand for main amount itself is not sustainable, demand for interest cannot be sustained for the reason that appellant had paid amount which was not legally due. Appellant should get relief at least in respect of the interest amount not yet paid. Therefore, I set aside the impugned order of the Commissioner (Appeals) in so far as it upholds demand of interest of ₹ 1,21,011 - .....

  • 2014 (10) TMI 516 - CESTAT BANGALORE

    MERSEN INDIA PVT. LTD. Versus COMMR. OF C. EX., CUS. & ST., BANGALORE-I

    Service Tax - CENVAT Credit - input services - Credit on Rent a cab service - Credit on GTA service - Held that:- service was availed for providing cabs to the customers who are required to come and inspect the goods as regards the quality and specification before they are removed. Since this is an activity which is required to be completed before removal of goods, the appellant is eligible for the credit. As regards the ‘freight inwards’, the credit has been disallowed on the ground that the appellant h.....

Recent Case Laws - Central Excise Cases

  • 2014 (10) TMI 515 - ALLAHABAD HIGH COURT

    M/s. Kohinoor Biscuits Products Versus Commissioner Of Central Excise

    Central Excise - CENVAT Credit - Freight GTA - Whether Tribunal was justified in denying the cenvat credit of service tax paid and freight paid by M/s. Parle on inward and outward transportation (from the Appellants' factory to depots of M/s. Parle) on the ground that depots of M/s Parle cannot be the 'place of removal' and that freight charges were not borne by the Appellants but M/s. Parle - Held that:- Clear finding, which has been recorded both by the Commissioner (Appeals) and by the Tribunal, is that the s.....

  • 2014 (10) TMI 514 - ALLAHABAD HIGH COURT

    Commissioner Central Excise Versus M/s. Chandel Engineering Pvt. Ltd.

    Central Excise - Waiver of pre deposit - Whether the Hon'ble CESTAT erred in granting waiver of pre-deposit of assessed demand in favour of the respondents during pendency of the appeal thereby extending the period of stay beyond 365 days ignoring the recent amendment to section 35-C of the Central Excise Act, 1944, made through enactment of Finance Bill, 2013 - Held that:- Tribunal has noted that a waiver of pre-deposit and unconditional stay on the realisation of the adjudicated liability was granted by the Tr.....

  • 2014 (10) TMI 513 - ALLAHABAD HIGH COURT

    Commissioner Central Excise Versus Shri Naveen Khanna Director

    Central Excise - Waiver of pre deposit - Whether the Hon'ble CESTAT erred in granting waiver of pre-deposit of assessed demand in favour of the respondents during pendency of the appeal thereby extending the period of stay beyond 365 days ignoring the recent amendment to section 35-C of the Central Excise Act, 1944, made through enactment of Finance Bill, 2013 - Held that:- Tribunal has noted that a waiver of pre-deposit and unconditional stay on the realisation of the adjudicated liability was granted by the Tr.....

  • 2014 (10) TMI 512 - CESTAT NEW DELHI

    RINOX ENGG. Versus COMMISSIONER OF CENTRAL EXCISE, CHANDIGARH-I

    Central Excise - Denial of CENVAT credit - Credit stand denied on the ground that the said registered dealer was not found available at the premises disclosed in his registration and his registration was cancelled with retrospective effect - Held that:- Appellant availed credit on the basis of invoices issued by the registered dealer who were carrying all the requisite particulars along with his registration number. The said invoices so received by the appellant duly stand entered by them in their RG 23A Part I .....

  • 2014 (10) TMI 511 - CESTAT MUMBAI

    COMMISSIONER OF C. EX., THANE Versus ANUPAM STATIONARY MFG. LTD.

    Central Excise - Manufacturing activity - Printing and writing paper - Held that:- the lower appellate authority observed that by cutting paper into desired sizes does not amount to manufacture as the product remains only paper and even if duty is demanded, the appellant would be entitled to Credit on inputs - Printing and writing paper itself is classifiable under CETH 4802 90/99. By cutting into required sizes, no new product has been emerged. Therefore, cutting and slitting of paper does not amount to ‘manufa.....

  • 2014 (10) TMI 510 - CESTAT BANGALORE

    FINECAB WIRES & CABLES P. LTD. Versus COMMR. OF C. EX., CUS. & ST., HYDERABAD-I

    Central Excise - Availment of Cenvat credit - Non receipt of inputs in factory - Held that:- No verification has been made with the transporters by Revenue and there is no admission or supporting evidence from transporters to prove that they have not transported the goods; three vehicles shown to have been utilized are incapable to transport the goods but no verification has been made with records maintained for receipt of the goods and nature of the goods; and the records maintained as regards receipt of goods .....

  • 2014 (10) TMI 482 - MADRAS HIGH COURT

    Alstom T&D India Ltd. Versus Customs, Excise and Service Tax Appellate Tribunal

    Central Excise - Demand of interest u/s 11AB on differential duty - Held that:- assessees have cleared goods and paid duty thereon and raised supplementary invoices, but however failed to pay interest payable under Section 11AB of the Act. In view of the decision of the Supreme Court in SKF India Ltd. case, referred [2009 (7) TMI 6 - SUPREME COURT], the first plea raised by the learned counsel for the appellants fails and in that regard, we find no infirmity in the order passed by the Tribunal. Section 11AA of t.....

  • 2014 (10) TMI 481 - ALLAHABAD HIGH COURT

    M/s. The Supreme Industries Ltd. Versus Commissioner of Central Excise

    Central Excise - Restoration of appeal - Whether Tribunal was justified in rejecting the first request for adjournment and deciding the appeal - Held that:- appellant should have an opportunity to urge its submission on merits before the Tribunal, subject to the payment of costs to the Revenue - without expressing any opinion on the questions of law as framed, we restore the proceedings back to the Tribunal, subject to the appellant paying costs to the Revenue quantified at ₹ 10,000. The costs shall be pai.....

  • 2014 (10) TMI 480 - ALLAHABAD HIGH COURT

    Commissioner of Central Excise Kanpur Versus M/s. GPL Polyfils Raipur Rania Kanpur Dehat

    Central Excise - Waiver of pre deposit - Extension of stay order - Held that:- Tribunal has noted that a waiver of pre-deposit and unconditional stay on the realisation of the adjudicated liability was granted by the Tribunal since a prima facie case was found in favour of the assessee. The Tribunal has also observed that the appeal has not been disposed of only on account of the pendency of several older appeals and not on account of any delay on the part of the assessee. ends of justice would be met if the Tr.....

  • 2014 (10) TMI 479 - MADRAS HIGH COURT

    M/s. Saehan Stamping Pvt. Ltd. Versus The Commissioner of Central Excise

    Central Excise - CENVAT Credit - Not payment of duty and cess with stipulated time of 30days - Held that:- The petitioner admittedly does not dispute the fact that they have defaulted in payment beyond 30 days. In such circumstances, action initiated by the respondent cannot be faulted with. However, it is stated that the assessee has given the statement to the investigating officer on 07.03.2014, which is contrary to the contention now raised before this Court in this writ petition. Therefore, the respondent wo.....

Recent Case Laws - Customs Cases

  • 2014 (10) TMI 509 - KERALA HIGH COURT

    M/s. Portlines Logistics & Courier Services (P). Ltd. Versus Commissioner of Customs

    Customs - De-Registration of license of CHA - Forfeiture of security - Held that:- where the Commissioner disagrees with the enquiry report, he should record the reasons for disagreement and forward the same to the Customs House Agent for his comments before passing a final order - Ext.P6 shall be treated as show cause notice against the petitioner on disagreement entered by the respondent and the petitioner shall furnish his objection to the findings of disagreement, within a period of four weeks. The pr.....

  • 2014 (10) TMI 508 - BOMBAY HIGH COURT

    M/s. Mumbai International Airport Private Ltd. Versus The Union of India Through the Secretary, Ministry of Finance, Department of Revenue And Others

    Customs - Duties, functions and obligations of custodian appointed under section 45 of the Customs Act, 1962, - cost recovery charges for custom staff posted at the new Perishable Cargo - Regulation 5(2) of Handling of Cargo in Customs Areas Regulations, 2009 - Regulation ultra vires to section 157 and 158 of the Customs Act, 1962 - Held that:- A bare perusal of section 45(1) would reveal that all imported goods unloaded in a customs area shall remain in the custody of such persons as may be approved by .....

  • 2014 (10) TMI 507 - CESTAT MUMBAI

    APOLLO TYRES LTD. Versus COMMISSIONER OF CUSTOMS (EXPORT), NHAVA SHEVA

    Customs - Violation of provisions of Sections 40 & 51 - Penalty u/s 114 - On recording the findings that the goods have been loaded and the ship which sailed before the issuing of the LEO and hence, the goods were liable to confiscation under the provisions of Section 13(g) and accordingly liable to penalty under Section 114(iii) of the Act. The goods were held liable to confiscation. - Held that:- Shipping bills were presented under the EDP system almost two days prior and further the goods were stuffed .....

  • 2014 (10) TMI 506 - CESTAT BANGALORE

    COMMISSIONER OF CUS., C. EX. & ST., GUNTUR Versus FAIRWAY TRADING COMPANY PVT. LTD.

    Customs - Denial of refund claim - Overvaluation of goods - Voluntary payment of duty - Held that:- Once the payment is made under protest, it means assessment also has been challenged. In such cases, either an assessment order confirming the original assessment has to be issued or the refund claim has to be considered. In any case, the appellant has the option to file an appeal against the assessment also in case the refund was rejected. In this case, the respondent did not have any grievance since the r.....

  • 2014 (10) TMI 478 - CESTAT MUMBAI

    VIRANDER BEHL AND OTHERS Versus COMMISSIONER OF CUSTOMS (EXPORT), NHAVA SHEVA

    Customs - Waiver of pre deposit - Jurisdiction - Penalty under Section 114A of the Customs Act - Held that:- When the show-cause notice was issued on 19/05/2005 in respect of some transactions took much before that, the DGCEI, Ahmedabad Zonal Unit and its officers did not have all India jurisdiction to issue show-cause notices under Section 17 & 28 of the Customs Act. These powers have been conferred on these officers by Notification No. 44/2011-Customs (NT) dated 06/07/2011. It is a settled position of l.....

  • 2014 (10) TMI 477 - MADRAS HIGH COURT

    M/s. Amphenol Omniconnect India Pvt. Ltd. Versus The Commissioner of Customs (Air)

    Customs - Confiscation of goods - Hazardous nature of goods - Held that:- Bills of entry were filed on 16.12.2013 and it is the specific case that these goods were imported from the group at France. Till date, the Department has not taken any action on the goods and for the first time, in the instructions given to the learned Standing Counsel, the Department takes a stand that the petitioner gave a letter in January 2014, agreeing to obtain appropriate No Objection Certificate. for the past ten months, th.....

  • 2014 (10) TMI 458 - CESTAT NEW DELHI

    Surinder Malik and others Versus CC., New Delhi

    Customs - Fraudulent claim of draw back - Misdeclaration of goods - Overvaluation of export - Involvement of officers of customs - Imposition of penalty -Held that:- M/s.H.M.Impex was nonexistent and there was an organised bid made by all the appellants in this batch of appeal to create that concern to make export of overvalued, inferior, discarded and valueless goods to make fraudulent claim of drawback. Extensive enquiry and investigation discovered commitment of fraud by the appellants - Attempt to exp.....

  • 2014 (10) TMI 440 - SUPREME COURT

    M/s. Bharat Diagnostic Centre Versus Commissioner of Customs

    Customs - Exemption under Notification No.64/88 dated 1.3.1988 - withdrawal of the exemption certificate as earlier granted by DGHS - challenge to the duty demand - diagnostic centre run by a private individual purely on commercial basis - Held that:- DGHS duly issued an exemption certificate but subsequently the same was withdrawn by the same authority. If for any reason the appellant was aggrieved by such withdrawal, it should have questioned the same. Since having questioned the said withdrawal and hav.....

  • 2014 (10) TMI 439 - CESTAT NEW DELHI

    SIDHANT LOGISTICS Versus COMMISSIONER OF CUSTOMS, NEW DELHI

    Customs - Suspension of CHA license - Non following of prescribed norms and contravention of the provision of Regulation 13 of the CHALR - Held that:- Charges against the CHA are not very serious so as to call for his suspension. It is a fact on record that CHA was not involved in presenting the papers before the Customs. The work is being done through his ‘G’ card holder. Secondly, the imports took place in January whereas the impugned order stands passed in October, 2012 and still continuing even after .....

  • 2014 (10) TMI 438 - CESTAT MUMBAI

    VYAPAR INDUSTRIES LTD. Versus COMMISSIONER OF CUS. (IMPORT) NHAVA SHEVA

    Customs - Waiver of pre deposit - Anti dumping duty - Held that:- The brief facts of the case are that the appellant made import of goods declared as viscose filament yarn from the People’s Republic of China. The adjudicating authority held that the goods are liable for anti-dumping duty as provided under serial No. 5 under Notification No. 45/2006-Cus., dated 24-5-2006 - There is no dispute that the goods are imported from the People’s Republic of China and the country of manufacture is the People’s Repu.....

Recent Case Laws - VAT and Sales Tax Cases

  • 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.....

  • 2014 (10) TMI 379 - ALLAHABAD HIGH COURT

    ITC Limited Versus State of UP. and Others

    VAT and Sales Tax - Validity of the U.P. Tax on Entry of Goods into Local Areas Act, 2007 - violative of freedom of trade, commerce and intercourse guaranteed under Art.301 and not saved by Art.304 (b) of the Constitution of India - Held that:- notification was amended on 19.2.2010, excluding natural gas, cement, motor vehicles of all kinds, tyres and tubes. It was again amended on 29.3.2009 excluding machinery and spare parts; wood and timber of all kinds; clinker; aluminum and its products; cables of all kinds, l.....

  • 2014 (10) TMI 240 - UTTARAKHAND HIGH COURT

    Commissioner, Commercial Tax (earlier Trade Tax), Uttarakhand, Dehradun Versus Rana Steels

    VAT and Sales Tax - Seizure of goods - Goods released on security - Imposition of penalty - Held that:- it was obligatory on the part of the assessing officer, at the time of assessment, to establish that, in fact, the driver had stated that the goods were coming from Muzaffarnagar in order to prevail upon the documents, which suggested that the goods were coming from Roorkee. That having not been done, the assessing officer could not impose penalty. There is, therefore, no scope of interference. - Decided against .....

  • 2014 (10) TMI 198 - KERALA HIGH COURT

    Ayyappan Nair Versus Sales Tax Officer, Neyyattinkara

    VAT and Sales Tax - Transfer of liability - The petitioner's contention is that the business was transferred in the name of the 4th respondent, who is his daughter, at the time of her marriage. Thereafter the business was conducted by the 4th respondent and her husband; hence the petitioner has no liability - Held that:- The State has also filed a counter affidavit, wherein it is stated that an amount of ₹ 55,190/- and collection charges of ₹ 2,822/- were with respect to a demand raised in another reven.....

  • 2014 (10) TMI 197 - KERALA HIGH COURT

    M/s METRO POLYMERS Versus THE COMMERCIAL TAX OFFICER AND OTHERS

    VAT and Sales Tax - Extension of time for filing reply - Time granted on telephonic conversation - Order passed in violation of principle of natural justice - Held that:- Necessarily when e-mail communications are relied on, at the first instance, there would be certain start up problems, which has to be looked at in a practical manner. However, the Assessing Officer in the present case cannot be faulted for concluding the proceedings, since the Assessing Officer did not receive the reply and the assessee also did .....

  • 2014 (10) TMI 131 - MADRAS HIGH COURT

    Manjusree Plantations Limited Versus The Commercial Tax Officer, Gudalur

    VAT and Sales Tax - Penalty - Exemption from tax - request to grant 30 days time as against the show cause notice - Violation of principle of natural justice - Held that:- Admittedly, as against the show cause notice dated 10.1.2014, the petitioner sent a reply dated 16.1.2014 and 15.2.2014 seeking extension of time. But the respondent, without considering the same, has straightaway passed the impugned order. Further, though the petitioner claims exemption, the same has also not been considered by the respondent - .....

  • 2014 (10) TMI 130 - KERALA HIGH COURT

    M/s. Pyramid Granites (P) Ltd. Versus The Commercial Tax Officer

    VAT and Sales Tax - Non-inclusion of "used-excavator" in the Registration Certificate - Held that:- When the petitioner sought to sell the used excavator, he sought for inclusion of the same in the Registration Certificate. In fact, a mere perusal of Ext.P1 would indicate that "excavator and its accessories" has been included as item No.7 in the Registration Certificate of the petitioner. It is to be noticed that, whether, it be used or new, an excavator is exigible to tax @ 12.5%, as indicated in sub-item No.10 of.....

  • 2014 (10) TMI 93 - MADRAS HIGH COURT

    M/s VIJAYA RAM TRADERS (P) LTD Versus THE COMMERCIAL TAX OFFICER, THIRUVELLORE

    VAT and Sales Tax - Benefit of Input Tax Credit - penalty at 150% under Section 27(3) (c) of the Tamil Nadu Value Added Tax Act, 2006 - Held that:- A perusal of the records would show that the authority had issued the show cause notices on 06.05.2014 granting fifteen days time to file its objection and the petitioner has received the same only on 22.05.2014. However, the authority without even waiting for the time granted for filing the objections by the petitioner had passed the impugned order on 06.06.2014. Hence.....

  • 2014 (10) TMI 92 - KERALA HIGH COURT

    M/s. Rachana Bar Versus The Commercial Tax Officer

    VAT and Sales Tax - Liability to tax - Payment already made not credited to account - Held that:- It is trite that under Section 55C of the KGST Act, appropriation has to be made first towards interest and the balance available towards principal outstanding. Hence, satisfaction of interest first and the balance against the demand of ₹ 7,46,427/- towards TOT is justified. But, the Assessing Officer shall not calculate any interest prior to 14.03.2013. The amount payable as on 14.03.2013 is crystallized in the .....

Recent Case Laws - Corporate Laws Cases

  • 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.....

  • 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.....

Recent Case Laws - FEMA Cases

  • 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.....

  • 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.....

Recent Case Laws - Misc Cases

  • 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 .....

  • 2014 (9) TMI 384 - DELHI HIGH COURT

    GOVT. OF NCT OF DELHI & ORS. Versus NEW VARIETY TENT HOUSE & ANR

    Misc - Writ petition for for recovery of money - to enforce contractual obligation - bills against the services provided by the appellant were not cleared and the payments withheld ―due to some audit objections - period of limitation - Held that:- The said period of three years expired with respect to the first two bills on 26th April, 2002 and for the third bill on 22nd July, 2002. There is nothing to show that the date of payment was agreed to be any other. The writ petition seeking mandamus wa.....

  • 2014 (9) TMI 40 - Supreme Court of India

    SP. MALHOTRA Versus PUNJAB NATIONAL BANK & ORS.

    Misc - Suspension of employees - Imposition of punishment - Violation of principle of natural justice - Service of copy of reasons for punishment - Held that:- order of punishment would stand vitiated in case the reasons so recorded by the Disciplinary Authority for dis-agreement with the Enquiry Officer had not been supplied to the delinquent and his explanation had not been sought - whenever the disciplinary authority disagrees with the enquiry authority on any article of charge, then before it recor.....

  • 2014 (9) TMI 39 - Bombay High Court

    Varsha Kishore Tode Versus Vandana Kishore Tode

    Misc - Distribution of compensation granted - Divorce of husband and wife - Whether a divorced wife is a widow and hence dependent of the husband at the time of his death, within the meaning of Section 2(1)(d) of the Workmen's Compensation Act, 1923 - Held that:- for the purpose of enquiry under the Act, 1923, the respondent cannot be said to be enjoying the status of widow of deceased Kishore. Once we find that so far as the enquiry under the Act, 1923 is concerned, the respondent was not the widow of.....

  • 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.....

 
 

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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