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Recent Case Laws - Income Tax Cases

2012 (5) T.M.I. 239 (Tri )

Assistant Commissioner of Income-tax, Vapi Circle Versus Resham Petrotech Ltd. - Tri

Deemed Divided - Assessment order u/s. 144 r.w.s. 147 - Notice u/s 148 - held that:- in reopening of a completed assessment there is nothing arbitrary......
2012 (5) T.M.I. 238 (HC )

Commissioner of Income-tax Versus Cray Research India Ltd. - HC

Reassessment u/s 147 - jurisdictional pre-conditions - full and true disclosure - held that:- The assessment orders for the assessment years 1990-91 a......
2012 (5) T.M.I. 237 (Tri )

M/s CROMPTON GREAVES LIMITED Versus JOINT COMMISSIONER OF INCOME TAX - Tri

Bad debts or business loss - advances to sister concern - Except the sum of Rs.23.70 lakh which the assessee wrote off in the instant year, the remain......
2012 (5) T.M.I. 236 (Tri )

Director of Income-tax (Exemption), Ahmedabad Versus N.H. Kapadia Education Trust - Tri

Education trust - corpus fund - amount charged from students against various funds directed credited to balance sheet - AO denied the exemption and he......
2012 (5) T.M.I. 235 (AAR )

WaveField Inseis ASA, In re - AAR

Application for advance rulings before AAR after filing of return u/s 139(1) - held that:- the date of the filing of the application before the Author......
2012 (5) T.M.I. 234 (Tri )

Narayan Powertech (P) Ltd. Versus DCIT - Tri

Disallowance of bad debts - It was submitted by the Ld. A.R. that now, this issue is squarely covered in favour of the assessee by the judgement of Ho......
2012 (5) T.M.I. 233 (Tri )

Yamuna Prasad Peshwa Versus DCIT - Tri

Disallowance u/s 40A(3) - assessee in the relevant year derived income from wholesale trading of cement, hiring of marriage hall, purchase and sale of......
2012 (5) T.M.I. 232 (Tri )

ACIT Versus Minpro Industries - Tri

Disallowance u/s 40(a)(ia) - TDS u/s 194C - Department has also filed an additional ground that learned CIT(A) was not justified in admitting addition......
2012 (5) T.M.I. 231 (Tri )

Bluplast Corpn. Versus ITO - Tri

Disallowances/additions on account of interest - AO observed debit interest entry against the business income and Royalty income - unsecured loan and......
2012 (5) T.M.I. 230 (Tri )

Satco Securities and Financial Services Ltd. Versus ITO - Tri

Reopening - the assessee filed return of income declaring total loss of Rs.75,239/- and the assessment under section 143(3) was completed on 31.03.200......
2012 (5) T.M.I. 217 (Tri )

HERO HONDA FINLEASE LTD Versus ADDL COMMISSIONER OF INCOME TAX - Tri

Avoidance of Dividend Distribution tax - commission paid to director - allegation of avoidance of DDT - Disallowance u/s 36(1)(ii) - whether commissio......
2012 (5) T.M.I. 216 (HC )

Commissioner Of Income Tax Versus M/S Standard Surfactants Ltd. - HC

Disallowance on account of proportionate interest on advances – Held that:- The assessee utilized land belonging to company as a security against loan......
2012 (5) T.M.I. 215 (Tri )

Assistant Commissioner of Income-tax, Central Circle-1, Calicut Versus Chandragiri Construction Co. - Tri

Mercantile method of accounting - Revenue recognition in construction service - AS-7 issued by ICAI and sectin 145 - (i) accrual of income in the case......
2012 (5) T.M.I. 214 (Tri )

HICAL TECHNOLOGIES PVT LTD Versus DEPUTY COMMISSIONER OF INCOME TAX] - Tri

Deduction u/s 10A - FD interest - held that:- The Hon’ble jurisdictional High Court in the case of Green Agro has considered an identical issue. The j......
2012 (5) T.M.I. 213 (Tri )

FERANI HOTELS PVT LTD Versus DEPUTY COMMISSIONER OF INCOME TAX - Tri

Deduction u/s 80IA - notified Industrial Park Scheme, 2002 - business of Hotel, builders and real estate developers - Assessee submitted that there is......

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Recent Case Laws - Wealth tax Cases

2012 (5) T.M.I. 205 (Tri )

Sunil Kumar Versus Wealth-tax Officer, Ward-1 (1), Muzaffarnagar - Tri

Addition to the net wealth on account of Urban Land - agriculture land under wealth tax act 1957 - held that:- There is no dispute about the fact that......
2012 (5) T.M.I. 149 (HC )

DECEASED SHANTADEVI GAEKWAD Versus DY COMMISSIONER OF INCOME TAX, CIRCLE-5 - HC

Valuation under Wealth Tax - Fair Market Value of the selfsame jewellery as on 1st April 1974 should be arrived by reverse indexation from the date of......
2011 (6) T.M.I. 617 (HC )

J.Jayalalitha Versus The Assistant Commissioner of Wealth Tax - HC

Sanction for initiation of criminal proceedings - Prosecution - non filing of Wealth Tax return for the Assessment Year 1993-94 – Held that:- It has b......
2012 (4) T.M.I. 295 (HC )

Commissioner of Wealth-tax Versus Kumudum Printers P. Ltd. - HC

Exempting the property from the wealth-tax by ITAT ignoring section 40(3)(vib) - the assessee allotted the premises to the managing director for being......
2011 (12) T.M.I. 369 (Tri )

Boman Irani and Late Porochy Irani Versus ACWT - Tri

Valuation of property - Reference to DVO - In these appeals the assessee has not challenged the value as determined by the DVO in his report for the v......
2011 (12) T.M.I. 366 (HC )

Nasser Zackeria Versus Commissioner of Wealth-tax, Cochin - HC

Whether the rejection of their claim for' interest on refund of the tax paid under the Wealth Tax Act, stating that the tax paid was not in response t......
2012 (4) T.M.I. 151 (Tri )

Vyline Glass Works Ltd. Versus Assistant Commissioner of Wealth-tax, Company Circle 111(4), Chennai - Tri

Wealth-tax appeals - assessee company engaged in the business of manufacturing and sale of glass products – due to adverse conditions faced by assesse......
2011 (12) T.M.I. 354 (Tri )

Furgo Survey India (P) Ltd. Versus Asstt Commissioner of Wealth Tax - Tri

Whether the immovable property of which was used for business purposes as an Asset within the meaning of Sec. 2(ea) of Wealth Tax Act, 1957 without co......
2011 (12) T.M.I. 344 (Tri )

Bernhard Schulte Shipping India (P) Ltd. Versus Asstt Commissioner of Wealth Tax - Tri

Whether the commercial asset used by the assessee substantially and partly given on lease are not business assets and thus includible into the 'net we......
2012 (3) T.M.I. 292 (HC )

CIT Versus ARENS DEVELOPERS & ENGG - HC

Addition - Search operations were conducted during the relevant year but no incriminating material/ document regarding understatement sale transaction......
2011 (7) T.M.I. 785 (HC )

George Oakes Ltd. Versus Deputy Commissioner of Wealth-tax - HC

Whether, on the facts and circumstances of the case, the Tribunal should hold that applying the decision of the Supreme Court in the case of F. S. Gha......
2011 (9) T.M.I. 673 (HC )

Commissioner of Wealth tax Versus Smt. Prameela Krishna - HC

Principle of natural justice - wealth escaped assessment. - Assessment made without issue of show cause notice - AO demanded books of accounts - Held ......
2012 (2) T.M.I. 106 (HC )

DIRECTOR OF INCOME TAX Versus APARNA ASHRAM - HC

Wealth Tax - taxability of net wealth of “AOP” – charge u/s 21AA of Wealth Tax Act, 1957 inserted w.e.f. 01.04.89 - A.Y. 1988-89, 1989-1990 – Held tha......
2011 (11) T.M.I. 342 (HC )

THE LAKE PALACE HOTELS AND MOTELS LTD. VERSUS THE COMMISSIONER OF WEALTH TAX - HC

Intimation under 16(1) is not an order thus revision under sec 25 not main tenable - Held That:- Intimation' is an appealable 'order' under the provi......
2011 (9) T.M.I. 493 (HC )

Commissioner of Wealth Tax Versus Ratan Prabha - HC

Valuation of property - Profit capitalization method or Valuation method (land/building method) - Held That:- When revenue has accepted the decision o......

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Recent Case Laws - Service Tax Cases

2012 (5) T.M.I. 244 (Tri )

M/s. Tamilnadu Newsprint and Papers Ltd. Versus CCE, Chennai - Tri

Adjustment of excess amount of service tax paid - Scope of the term subsequent period - Decision in the matter of Narnolia Securities Pvt. Ltd. Vs. Co......
2012 (5) T.M.I. 243 (Tri )

M/s KARNATAKA COMMERCIAL AND INDUSTRIAL CORPORATION PVT LTD Versus COMMISSIONER OF CENTRAL EXCISE, BANGALORE-II COMMISSIONERATE, BANGALORE - Tri

Waiver of predeposit – Held that:- waiver of predeposit and stay of recovery should be granted in respect of the balance amount inasmuch as a major pa......
2012 (5) T.M.I. 242 (Tri )

CST, BANGALORE Versus M/s GENERAL MOTORS INDIA PVT LTD & Others - Tri

Stay - refund of unutilised CENVAT Credit taken on input services availed in relation to export of output services – claim was rejected in toto by the......
2012 (5) T.M.I. 241 (Tri )

M/s NEW MANGALORE PORT TRUST LTD Versus CST, MANGALORE - Tri

Port services - service of providing crane service has been permitted to be rendered by 3 rd parties and in that connection, agreements have been ente......
2012 (5) T.M.I. 220 (Tri )

M/s Indokem Limited Versus CCE Surat - Tri

CENVAT Credit availed on input services - appellants submitted that the original documents could not be produced since the factory had been attached b......
2012 (5) T.M.I. 219 (Tri )

M/s One Advertising & Communication Services Limited Versus CST Ahmedabad. - Tri

The appellant is engaged in providing Advertising services to their customers and availed CENVAT Credit of Service Tax paid on Hotel services, Caterin......
2012 (5) T.M.I. 218 (Tri )

M/s Sun Developments & Solutions Versus CST Ahmedabad. - Tri

Penalty u/s 76 and 78 - - Commercial & Industrial Construction service - late payment of service tax - penalty u/s 76 and 78 - held that:- penalties u......
2011 (8) T.M.I. 953 (Tri )

M/s HEERA OVERSEAS (P) LTD Versus COMMISSIONER OF CENTRAL EXCISE, BANGALORE - Tri

Whether appellant entitled to CENVAT credit of the service tax paid on "Clearing and Forwarding Agent's Service" (CFA services) availed by them for cl......
2011 (9) T.M.I. 836 (Tri )

M/s SCHNEIDER ELECTRIC INDIA PVT LTD Versus COMMISSIONER OF SERVICE TAX, BANGALORE - Tri

Information Technology Software Services – Export of service – refund – Held that:- service tax, on the output service provided by the applicant was e......
2011 (9) T.M.I. 835 (Tri )

M/s DTDC COURIER & CARGO LTD Versus CCE & ST, BANGALORE - Tri

Charges collected as 'Co-loaders'. - Courier agency - The Commissioner has held that the said activities fall under the category of 'Business Auxiliar......
2011 (9) T.M.I. 834 (Tri )

M/s NITESH ESTATES LTD Versus COMMISSIONER OF CENTRAL EXCISE, BANGALORE - Tri

Waiver of pre-deposit - stay of recovery in respect of service tax - penalty - demand of service tax is under the head “Construction of Residential Co......
2011 (9) T.M.I. 833 (Tri )

M/s JAYAKRISHNAN & CO Versus CCE, CALICUT - Tri

Waiver of pre-deposit and stay for recovery - Appellants contended paying service tax under the head ‘Works Contracts’ as per the agreement - Held th......
2011 (9) T.M.I. 832 (Tri )

M/s JOTHI ENGINEERING CO Versus CCE, COIMBATORE - Tri

Demand of service tax, interest and penalty - Tamil Nadu Government undertaking have constructed quarters for the Tamil Nadu police officials - appell......
2011 (9) T.M.I. 831 (Tri )

M/s APL (INDIA) PRIVATE LIMITED Versus COMMISSIONER OF CENTRAL EXCISE, CUSTOMS & SERVICE TAX, COCHIN - Tri

Waiver of pre-deposit - applicant is a ‘Steamer Agent' and they are collecting amounts on behalf of the steamer for meeting the terminal expenses at d......
2011 (9) T.M.I. 830 (Tri )

M/s PRASAD CORPORATION LIMITED Versus CST, CHENNAI - Tri

Belated payment of service tax – penal action on the ground of failure to pay tax within due dates specified under Section 68 of the Finance Act – Hel......

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Recent Case Laws - Central Excise Cases

2012 (5) T.M.I. 226 (Tri )

Commissioner of Central Excise, Mumbai Versus Godrej & Boyce Mfg. Co. Ltd., & Others - Tri

Demand of extended period of limitation - confiscation and penalty - respondent filed a declaration for claiming exemption under Notification No.64/95......
2012 (5) T.M.I. 225 (Tri )

CEWAT (India) Processors Versus Commissioner of Central Excise, Mumbai - Tri

Refund - limitation of time - annual capacity of production was finally determined by the Commissioner vide order passed in February 2001, which was a......
2012 (5) T.M.I. 224 (Tri )

Crompton Greaves Ltd., Versus Commissioner of Central Excise, Mumbai - Tri

Demand if duty, interest and penalty - allegation of the department is that the appellant had recovered this amount from their customers and, therefor......
2012 (5) T.M.I. 223 (HC )

ISPAT INDUSTRIES LTD. Versus COMMISSIONER OF C. EX., RAIGAD - HC

Duty evasion - Appellant has submitted that the Tribunal while holding that the requirements of Section 11AC of the Central Excise Act, 1944 had been ......
2012 (5) T.M.I. 222 (Tri )

MALWA COTTON SPINNING MILLS LTD. Versus COMMR. OF C. EX., LUDHIANA - Tri

Refund – refund claim rejected on the ground that appellants were unable to establish that they had not passed over the burden of duty to the customer......
2011 (6) T.M.I. 221 (Tri )

CCE, Chandigarh Versus Punjab Lighting Aids P.Ltd. - Tri

Cenvat Credit - payment of excise duty on non dutiable goods by the supplier of inputs - wires had been received by the respondent during the period f......
2011 (8) T.M.I. 954 (Tri )

M/s SIRPUR PAPER MILLS LTD Versus COMMISSIONER OF CUSTOMS, CENTRAL EXCISE & SERVICE TAX, HYDERABAD - Tri

Waiver of pre-deposit - refund - wrongly taking credit suo motto by the applicant – Held that:- applicant was eligible for refund of Rs.25/- lakh was ......
2012 (5) T.M.I. 210 (HC )

GUJARAT PARAFFINS PVT LTD Versus UNION OF INDIA & 2 - HC

Constitutional validity - Restriction on Cenvat / Modvat Credit on inputs when imported - petroleum products - restriction imposed retrospectively - b......
2012 (5) T.M.I. 209 (Tri )

M/s Pankil Textile Versus CCE Surat - Tri

Inclusion of extra amount in the name of Majuri (labour charges) and the Octroi from their customers in the value under central excise - held that:- m......
2011 (6) T.M.I. 663 (Tri )

PERMALI WALLACE PVT. LTD. Versus COMMISSIONER OF CENTRAL EXCISE, BHOPAL - Tri

Classification - wood partition with GRP Skin and are manufactured by laminating wood battens with veneer sheets and glass cloth with the help of resi......
2011 (6) T.M.I. 662 (HC )

COMMISSIONER OF C. EX., NAVI MUMBAI Versus HINDALCO INDUSTRIES LTD. - HC

Cenvat credit - assessee had a practice of identifying stores which were no more useful or which were unfit for consumption in its Taloja plant. Accor......
2011 (6) T.M.I. 661 (Tri )

Stern Leather Exports Versus CCE, Kanpur. - Tri

Exemption under SSI notification No.8/99/CE - sales turnover for the year 1999-2000, the appellant explained that their actual sales during that finan......
2011 (6) T.M.I. 660 (Tri )

M/s. Makharia Synthetics Versus CCE Thane I - Tri

Refund claim of deemed credit - refund claim has been rejected firstly on the ground that the appellant has failed to produce the evidences and second......
2011 (6) T.M.I. 659 (Tri )

U.P. ASBESTOS LTD. Versus COMMISSIONER OF CENTRAL EXCISE, LUCKNOW - Tri

Stay - Cash Discount/Prompt Payment Discount - Quantity Discount - allegation of the department that the Cash Discount/Prompt Cash Discount and Quanti......
2011 (6) T.M.I. 658 (Tri )

BSL LTD. Versus COMMISSIONER OF CENTRAL EXCISE, JAIPUR-II - Tri

Cenvat credit - AED (T&TA) and AED (T&TA) - department was of the view that since the inputs received by the appellant had suffered AED (T&TA) and AED......

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Recent Case Laws - Customs Cases

2012 (5) T.M.I. 229 (Tri )

M/s ASHOK LEYLAND LTD Versus COMMISSIONER OF CUSTOMS (IMPORT), NHAVA SHEVA - Tri

Exemption on Re import - notification no. 94/96-Cus dated 16.12.1996 - held that:- at the time of importation as presented were fully built buses cont......
2012 (5) T.M.I. 228 (Tri )

Sunrise Enterprise & Others Versus Commissioner of Customs (Import), Mumbai - Tri

Confiscation - imposing penalties - importer had not included in the Bill of Entry certain other goods viz, Metal Straps, Button Cells, Bazels with St......
2011 (6) T.M.I. 665 (Tri )

MIRC ELECTRONICS LTD. Versus DESIGNATED AUTHORITY - Tri

Whether Designated Authority has no power to issue corrigendum as it became functus officio in law immediately after the issuance of the final finding......
2011 (6) T.M.I. 664 (HC )

SHREE GANESH INTERNATIONAL Versus UNION OF INDIA - HC

Waiver of pre-deposit - Counsel submitted that the Appellant is nearly 69 years of age and has no subsisting business since the transaction in questio......
2012 (5) T.M.I. 194 (HC )

DIRECTORATE OF REVENUE INTELLIGENCE Versus NARENDRA SOGANI & ORS - HC

Cost paid for grant of further opportunity to accused - appellant contested that no provision in the Cr.P.C under which this cost can be imposed by Co......
2012 (5) T.M.I. 193 (HC )

AMRIT LAL MEHTA Versus DIRECTOR GENERAL OF REVENUE INTELLIGENCE & OTHERS - HC

Writ petition - to pay the reward @ 20% on the entire duty including penalty and fine as earlier sanctioned – Held that:- The Reward Committee in the ......
2011 (6) T.M.I. 656 (Tri )

GRAUER & WEIL (I) LTD. Versus DESIGNATED AUTHORITY - Tri

Anti-dumping duty - Anti-dumping duty on the imports of Saccharin – sub-section-1 read with sub-section-5 of section-9A(5) of the Customs Tariff Act, ......
2011 (6) T.M.I. 655 (Tri )

Flemingo Duty Free Shop Pvt. Ltd. Versus Commissioner of Customs, Goa - Tri

Applications waiver of pre-deposit - appellant is carrying on the business of duty-free shop - theft/burglary took place at the above duty-free shop ......
2012 (5) T.M.I. 156 (HC )

M/s.First Track Traders, Versus The Commissioner of Customs, - HC

Ownership of imported goods - Requirement of Import licence while importing digital multifunction printing and copying machines - held that:- a perso......
2011 (6) T.M.I. 653 (HC )

LIONS CLUB OF POONA UKUNDNAGAR CHARITABLE TRUST Versus C.C., MUMBAI - HC

Pre-deposit - towards the redemption fine - when the goods are under confiscation and not redeemed – Held that:- Tribunal has not had due regard to th......
2011 (6) T.M.I. 647 (Tri )

COMMISSIONER OF CUSTOMS (IMPORT), MUMBAI Versus ZINCOLLIED (IND) LTD. - Tri

Stay – demand of Customs duty - in respect of raw material (zinc dross) imported by them under 8 advance licences and used in the manufacture of the r......
2011 (6) T.M.I. 646 (Tri )

OMPRAKASH PARASRAMPURIA Versus COMMISSIONER OF CUSTOMS (EP), MUMBAI - Tri

Waiver of pre-deposit and stay of recovery - stay applications filed by the three Directors of the company were allowed as per the said order dated 3-......
2011 (6) T.M.I. 645 (Tri )

VINOD TOMAR Versus COMMISSIONER OF CUSTOMS, NEW DELHI - Tri

Suspension of CHA licence - licence stands suspended for almost 21 months – Held that:- no indication regarding any time frame within which a final SC......
2012 (5) T.M.I. 129 (HC )

M/s. Tata Teleservices (Maharashtra) Ltd. Versus Union of India - HC

Whether Tata Teleservices (Maharashtra) Ltd. and Tata Consultancy Services Ltd. cannot be considered as group companies under para 9.28 of the Foreign......
2011 (4) T.M.I. 1176 (Sett )

IN RE : ABU JANI SANDEEP KHOSLA - Sett

Immunity from fine, penalty and prosecution - Unaccompanied Baggage - attempt to smuggle the goods into India in the guise of unaccompanied baggage -......

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Recent Case Laws - VAT and Sales Tax Cases

2011 (6) T.M.I. 657 (HC )

COMMISSIONER OF SALES TAX Versus DEV ENTERPRISES LIMITED - HC

Whether Tribunal was justified in construing the Schedule Entry C-74 to mean footwear predominantly made of plastic and not as footwear exclusively/en......
2012 (5) T.M.I. 169 (HC )

M/S Paswara Petrochem Ltd. Versus Deputy Commissioner, Commercial Tax And Another - HC

Irregularity in Form C under sales tax - Assessment under section 21(1) of the U.P. Trade Tax Act, 1948 (UPTT) - It was contended that unless the peti......
2012 (5) T.M.I. 152 (HC )

M/s.Mahalaxmi Cotton Ginning Pressing and Oil Industries, Kolhapur. Versus The State of Maharashtra & Ors. - HC

Meaning and Scope of the term 'Actually paid' - Constitutional validity of Section 48(5) of the Maharashtra Value Added Tax Act, 2002 (MVAT Act, 2002)......
2012 (5) T.M.I. 140 (HC )

CANON INDIA P. LIMITED & Others Versus VALUE ADDED TAX OFFICER AND ANR. - HC

Whether or not multi functional printers are input or output units under Entry No.41A of the notification issued under the DVAT Act. - held that:- the......
2011 (7) T.M.I. 998 (HC )

B. Arjuna Raja Versus State of Kerala - HC

Whether the sales turnover returned by the Petitioner was rightly rejected – Held that:- value fixed by the Commissioner for different varieties of ti......
2012 (5) T.M.I. 112 (HC )

M/s. Premium Paper and Board Industries Ltd. Versus The Joint Commissioner of Sales Tax, Investigation-A & ors. - HC

Proceedings under Article 226 – against the order of provisional attachment – Held that:- The material which has been revealed during the course of in......
2011 (1) T.M.I. 1196 (HC )

G.S. Lamba and Sons Versus State of Andhra Pradesh - HC

Tax revision - right to use - Andhra Pradesh General Sales Tax Act, 1956 - assessees treated the hiring of transit mixers as contract of transport ser......
2012 (5) T.M.I. 65 (HC )

M/s Balaji Bricks Industries & another Versus State of Punjab and another - HC

Demand of lump sum tax determined on the basis of the capacity of brick kiln as per proviso of notification dated 30.06.1993 – Punjab General Sales Ta......
2011 (1) T.M.I. 1195 (HC )

Agarwal Industries (P) Ltd. and Anr. Versus Appellate Deputy Commissioner and Ors. - HC

Writ petition – delay in filing appeal - appeal was rejected on the ground that the said appeal, filed with a delay of 528 days, could not be admitted......
2011 (2) T.M.I. 1256 (HC )

State of West Bengal and Ors. Versus Supreme Industries Ltd. - HC

Renewal of the eligibility certificate - Section 41 of the West Bengal Sales Tax Act, 1994 - show cause notice was issued as to why the application fo......
2011 (2) T.M.I. 1255 (HC )

Ad Age Outdoor Advertising (P) Ltd. Versus Government of Andhra Pradesh and Ors. - HC

Writ petitions - transfer of the right to use goods - respondent issued notice proposing to tax the petitioner under section 4(8) of the Andhra Prades......
2011 (2) T.M.I. 1254 (HC )

Ankamma Trading Co. Versus Appellate Deputy Commissioner and Anr. - HC

Writ petitions - rejection of appeals by Appellate Deputy Commissioner on the ground that that they had failed to comply with the statutory requiremen......
2012 (4) T.M.I. 458 (HC )

Jaishree Exports Versus Commissioner Trade & Taxes Department - HC

Purchase of packing material against Form-H - Export of goods out of India - DVAT - assessee claimed input tax credit and asked for refund of the inpu......
2011 (2) T.M.I. 1253 (HC )

Nuclear Fuel Complex Versus State of Andhra Pradesh - HC

Whether stainless steel tubes, seamless stainless steel tubes, stainless steel ball bearing tubes and stainless steel scrap fell under item 54 of the ......
2011 (6) T.M.I. 543 (HC )

Bharat Petroleum Corpn. Ltd. Versus State of Kerala - HC

Defective C forms - Correction in C form - Revision application - disallowance of concessional rate of tax claimed by the company on inter-State sales......

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Recent Case Laws - Corporate Laws Cases

2012 (5) T.M.I. 227 (HC )

Medi Projects (P.) Ltd. Versus Cauvery Medical Centre Ltd. - HC

Application for impleading - application was dismissed without issuing any notice – Held that:- CLB was not justified in disposing of the application ......
2011 (2) T.M.I. 1258 (HC )

Ankur Forest & Project Development India Ltd. Versus Securities and Exchange Board of India - HC

Appellant floated a Collective Investment Scheme (C.I.S.) and collected money from the general public. - The SEBI filed a complaint against the Appe......
2011 (7) T.M.I. 1002 (HC )

Nischintapur Tea Co. Ltd. Versus Subrata Sen - HC

Shareholders - control over the company - benami shareholders - transfer of shares of deceased shareholder - Maintainability of this application - hel......
2011 (2) T.M.I. 1257 (SC )

Kolla Veera Raghav Rao Versus Gorantla Venkateswara Rao - SC

Whether appellant was already convicted under section 138 of the Negotiable Instruments Act, 1881 and hence he could not be again tried or punished on......
2012 (5) T.M.I. 192 (HC )

Smt. Benu Berry Versus JVG Finance Ltd. (Under Liquidation) - HC

Liquidation of a company - Claim under Section 536(2)- transfer of flat after the order of winding up – Held that:- Transaction undertaken by company ......
2012 (5) T.M.I. 174 (HC )

Zuari Holdings Ltd., In re - HC

Scheme of Arrangement and Demerger - between Zuari Industries Limited (Transferor) and Zuari Holdings Limited (Transferee) and their respective shareh......
2011 (7) T.M.I. 1001 (Tri )

Pradip Kumar Ghatak Versus Asansol Club Ltd. - Tri

Amendment in AOA - Invocation of jurisdiction under section 186 of the Act - to change the articles of association as void and ultra virus – Held that......
2012 (5) T.M.I. 155 (HC )

SRM Exploration (P.) Ltd. Versus N & S & N Consultants - HC

Winding up of a company - appointment of liquidator - The appellant contested the winding up petition - guarantee declaration given by the appellant o......
2011 (7) T.M.I. 999 (HC )

Ms. Puneet Brar Versus Tigaksha Metallics (P.) Ltd. - HC

Winding up – company fail to pay rent – Held that:- Merely because the Company has not replied to the notice, is no reason to either wind up the Compa......
2012 (5) T.M.I. 128 (HC )

Official liquidator of Janamadhyama Prakashana Ltd. (in Liquidation) Versus Gregory Mathias, Mathias Aluminium & Plastics (P.) Ltd. - HC

Application filed by the Official Liquidator to take cognizance of the offence committed by the respondent in not filing the statement of affairs - He......
2012 (5) T.M.I. 115 (HC )

Official Liquidator of Mercara Curers (P.) Ltd. (In liquidation) Versus J.D. Sritharan - HC

Company in liquidation - The statement of affairs has not been filed by the respondents within the period of 21 days. Condonation of delay - Held tha......
2012 (5) T.M.I. 102 (HC )

Oaks Management Consultancy Pvt. Ltd. Versus Worldwide Media Pvt. Ltd. - HC

Rejection of arbitration application - In the consent Minutes of the Order, parties have agreed to refer disputes to arbitration - Held that:- There w......
2012 (5) T.M.I. 92 (HC )

Dharam Godha Versus Universal Paper Mills Ltd. - HC

Appeal against an order passed by CLB dismissing proceedings instituted u/s 397 and 398 of the Companies Act – assessee contested that once a statemen......
2012 (5) T.M.I. 83 (SC )

Aneeta Hada Versus Godfather Travels & Tours (P.) Ltd. - SC

Liability of authorized signatory of a company to be prosecuted under Section 138 of the Negotiable Instruments Act, 1881 without the company being ar......
2011 (6) T.M.I. 605 (HC )

Swapan Kumar Kundu Versus Radharani Tea And Estate (P.) Ltd. - HC

Winding up - creditor - claim is on account of unpaid price of coal sold and delivered by him to the company – Held that:- notice was replied to by th......

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Recent Case Laws - FEMA Cases

2012 (5) T.M.I. 157 (HC )

Vinod M.Chitalia. Versus Union of India. - HC

Bogus exports - Fabricated Export - export under the DEPB Scheme - Violation of the provisions of Section 3(b) and Section 3(d) of the Foreign Exchan......
2012 (5) T.M.I. 69 (HC )

Rajkumar Shivhare Versus Union of India - HC

Tribunal dismissed the stay Petition for waiver of predeposit of penalty in FEMA appeal – unauthorizedly receipt of payments amounting to Rs.5 Crores ......
2012 (4) T.M.I. 258 (HC )

FLYTECH AVIATION LIMITED Versus UNION OF INDIA - HC

Under-invoicing and Hawala transactions – petition for stopping the investigation initiated by the Enforcement Directorate – petitioner alleges of doc......
2011 (7) T.M.I. 861 (HC )

RAJKUMAR SHIVHARE Versus UNION OF INDIA - HC

Whether an Appellant who files an appeal before the High Court under Section 35 of the Foreign Exchange Management Act, 1999 can seek an exclusion of ......
2012 (2) T.M.I. 400 (HC )

Union of India Versus Canara Bank - HC

FERA Act, 1973 – violation of the provisions of Sections 8(3) and 8(4) of the Act by four companies - whether banks and their respective employees can......
2011 (12) T.M.I. 260 (HC )

V. Bhaskaran Versus Special Director of Enforcement - HC

Import of Toyota Lexus Car - Department: Illegal purchase - Appellant: gifted by father-in-law, no reasonable opportunity provided, not asked for doc......
2012 (2) T.M.I. 268 (HC )

V.S. Ubhayakar Versus Special Director Directorate of Enforcement and another - HC

FERA 1973 - Release of foreign exchange in violation of the instructions of the RBI resulting in a violation of the relevant provisions of the FERA 19......
2012 (2) T.M.I. 177 (HC )

Union of India. Versus M/s.Reliance Industries Ltd. - HC

Condonation of delay of 570 days – appeal filed against order passed by Appellate Tribunal constituted under the FEMA, 1999 – appeal filed to Appellat......
2011 (2) T.M.I. 1166 (HC )

KARTIK K. PAREKH Versus APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE - HC

Condonation of delay - whether under Sections 35 of FEMA, this Court can condone the delay in filing the appeal beyond the period of 120 days - Since ......
2011 (3) T.M.I. 1284 (HC )

S. BASKAR Versus ENFORCEMENT DIRECTORATE - HC

Penalty - Confiscation - The sole contention urged by the learned counsel for the appellant is that the maximum penalty that could be imposed under Se......
2010 (11) T.M.I. 737 (HC )

N.P. HAROUN RASHEED Versus SPL. DIR., ENFORCEMENT DIRECTORATE, NEW DELHI - HC

Writ petition - Search and seizure - petitioner did not deposit a sum of Rs. 10,00,000/- imposed against him as penalty. Along with the appeal, he fil......
2010 (8) T.M.I. 720 (HC )

FAYSHAW APPARELS Versus ATFE, NEW DELHI - HC

Pre-deposit – undue hardship - non realization of export consideration - reasonable steps - contravention of the provisions of FEMA - Mere financial ......
2011 (9) T.M.I. 428 (HC )

M/s. Brentfield Travels Co. Pvt. Ltd., Versus The Reserve Bank of India & Anr. - HC

Compounding - Foreign Exchange from NRO for Equity Subscription - Amount received in names of director instead of sending the amount towards credit t......
2011 (11) T.M.I. 62 (SC )

Ketan V. Parekh Versus Special Director, Directorate of Enforcement and another. - SC

Condonation of delay - the benefit of Section 14 of the Limitation Act cannot be extended to the appellants.- After having made a prayer that the writ......
2011 (4) T.M.I. 489 (SC )

THIRUMALAI CHEMICALS LTD. Versus UNION OF INDIA - SC

Whether the Appellate Tribunal constituted under the FEMA, 1999 was right in rejecting a belated appeal filed under Section 19 of FEMA, applying the f......

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Recent Case Laws - Misc Cases

2012 (5) T.M.I. 240 (HC )

B. Rama Raju Versus Union of India - HC

Writ petition - Money laundering - provisional attachment - offence of money-laundering as defined in section 3 is in respect of acts of persons. Ther......
2012 (5) T.M.I. 190 (HC )

P.R.SASIDHARAN Versus COMMISSIONER OF CENTRAL EXCISE & CUSTOMS, - HC

Allegation of offence by the employee - CBEC - employee has crossed the age of superannuation even if he had continued in service. - writ jurisdiction......
2011 (6) T.M.I. 654 (HC )

The Council of the Institute of Chartered Accountant of India Versus Dilip Kumar De - HC

Misconduct - Respondent undertook the audit of M/s. Sunbeam Trading Company (P.) Ltd. for the period ended 31-3-1989 with the full knowledge that his ......
2011 (7) T.M.I. 1000 (HC )

Shonkh Technology International Ltd. Versus State Information Commission - HC

RTI - Exemption from disclosure of information - the petitioner company functions as a service provider to the Government of Maharashtra. - Informatio......
2011 (6) T.M.I. 614 (HC )

Indian Harm Reduction Network & Others Versus UOI and State of Maharashtra and Ors. - HC

Validity of Section 31-A of the NDPS Act -mandatory death penalty for drug offences - violative of Articles 14 and 21 of the Constitution of India – H......
2012 (5) T.M.I. 80 (HC )

Subhash Chandra Vashishth Versus Institute of Chartered Accountants of India - HC

Permission to allow writer to the Differently Abled Candidates by ICAI during exam - Guidelines prescribing the procedure to be followed regarding gr......
2012 (5) T.M.I. 78 (SC )

Marcel Martins Versus M. Printer - SC

Benami Transactions - Scope of the term "fiduciary capacity" - Whether the entire sale consideration required for the purchase of the suit property w......
2012 (5) T.M.I. 60 (SC )

Deepak Khinchi Versus State of Rajasthan - SC

Delay in Consent to prosecute - offences under Sections 3, 4, 5 and 6 of the Explosive Substances Act, 1908. - consent of central government for pro......
2012 (4) T.M.I. 439 (HC )

UOI Versus Kamal Kishore Dhawan and Anr. - HC

Proceedings against CIT - alleged lapses/irregularities in eight cases - extension of favor to assessee - Charge-memo, the dissenting note recorded by......
2012 (4) T.M.I. 424 (HC )

R.K. JAIN VERSUS UNION OF INDIA & ANR. - HC

RTI Application denied for want of information about some adverse entries allegedly made in the Annual Confidential Report of Ms. Jyoti Balasundram, M......
2012 (4) T.M.I. 341 (SC )

Office of the Chief Post Master General Versus Living Media India Ltd. - SC

Condoning the delay of 427 days in filing SLPs before this Court - Held that: in a matter of condonation of delay when there was no gross negligence o......
2012 (4) T.M.I. 293 (HC )

Official Liquidator of Samrat Ashoka Exports Ltd. (In. Liqn.) Versus Recovery Officer, Employees Provident Fund Commissioner - HC

Whether Provident Fund authorities are justified in adjusting the amount realized from company-in- liquidation towards dues of sister concerns of sai......
2011 (4) T.M.I. 1088 (HC )

SUPDT. OF POLICE, CENTRAL RANGE, CHENNAI Versus R. KARTHIKEYAN - HC

Writ appeal – RTI - first respondent sought for the particulars relating to the number of investigations completed and the number of persons convicted......
2010 (8) T.M.I. 748 (HC )

TREESA IRISH Versus CENTRAL PUBLIC INFORMATION OFFICER - HC

Whether valued answer sheets of an examination returned to a public authority by the examiner entrusted with the task of valuation, is information exe......
2010 (9) T.M.I. 886 (SC )

KRANTI ASSOCIATES PVT. LTD. Versus MASOOD AHMED KHAN - SC

Revision petition - National Consumer Disputes Redressal Commission - Commission dismissed the revision petition without giving any reason – Held tha......

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