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Recent Case Laws - Income Tax Cases

  • 2014 (9) TMI 20 - DELHI HIGH COURT

    Commissioner Versus TG. Buildwell Pvt. Ltd.

    Income Tax - Pre-operative expenses – Genuineness of expenses proved - Held that:- Assessee-company was formed on 26.10.2007 and had entered into an agreement with Wellworth Homes (P) Ltd. on 05.11.07 for purchase of land measuring 7.781 acres in Village Dharuhera, Tehsil and District Riwani, Haryana - assessee became absolute and exclusive owner of the land and licenses were granted for development of the land - For purchase of the land with licenses and approvals, expenditure was incurred and the payments .....

  • 2014 (9) TMI 19 - BOMBAY HIGH COURT

    The Commissioner of Income Tax Versus VM. Salgaonkar And Bros (P) Ltd.

    Income Tax - Deduction of unabsorbed investment allowances – Computation of deduction u/s 80HHC(1) and (3) – Adjustment to be made under the head PGBP – Held that:- The deduction u/s 80HHC(1) is to be allowed on the profits and gains as computed under the head "Profits and gains of business or profession - the deduction u/s 80HHC(3) is required to be computed after setting off of the unabsorbed investment allowance u/s 32A(3) from profits of the business – relying upon Ipca Laboratory Ltd. Versus Deputy Comm.....

  • 2014 (9) TMI 18 - DELHI HIGH COURT

    Globus Infocom Ltd. Versus Commissioner of Income Tax Delhi-IV

    Income Tax - Order of the Tribunal u/s 263 – Commission paid u/s 36(1)(ii) – Inflation of profits by booking majority expenses against trading unit for exemption u/s 80IC – Held that:- assessee was maintaining separate books of accounts for the manufacturing unit receipts and expenditure which was exempt under Section 80-IC; and the trading activities - there were certain common expenses, which were to be segregated. Common expenses were/are not unusual, abnormal or unique in such cases - when the AO had ado.....

  • 2014 (9) TMI 17 - DELHI HIGH COURT

    Dalmia Cement (Bharat) Ltd. Versus Commissioner of Income Tax

    Income Tax - Bogus purchase - documentation for showing import - the main focus and contention of the appellant-assessee is that once invoice dated 3rd July, 1981 was accepted and no addition was made, then no addition was justified in respect of the invoice dated 3rd June, 1981. – Held that:- In respect of the consignment covered by the second invoice, no addition has been made by the AO primarily for the reason that M/s. Asia Transport Company had confirmed having sent the lorry receipt for transportation .....

  • 2014 (9) TMI 16 - GUJARAT HIGH COURT

    OHM Organisers Versus Dy. CIT

    Income Tax - Transfer u/s 2(24) - capital gain - assessment proceedings under Section 158BC - undisclosed income of the block period - Held that:- There is a broad consensus between the advocates appearing on behalf of the respective parties that the judgment and orders passed by the tribunal be quashed and set aside and the appeals be remanded to the tribunal to decide the same together afresh in accordance with law and on its own merits – thus, the matter is remitted back to the Tribunal for fresh adjudi.....

  • 2014 (9) TMI 15 - DELHI HIGH COURT

    Commissioner of Income Tax Versus DK. Aggarwal

    Income Tax - Undisclosed income u/s 158BD r.w. section 158BC - Whether the Tribunal was right in holding that additions deleted could not have been made as they do not represent the undisclosed income for the purpose of Section 158BD r.w. Section 158BC – Held that:- The assessee during the course of appellate proceedings before the Tribunal had not challenged satisfaction or rather had given up challenge to validity of proceedings u/s 158BD of the Act - whether or not the AO had rightly and validly initiated.....

  • 2014 (9) TMI 14 - ANDHRA PRADESH HIGH COURT

    Commissioner of Income Tax-2 Versus M/s. Seven Hills Hospitals Pvt. Ltd.

    Income Tax - Deduction on interest on borrowed loans – interest free loan given to sister concern - Held that:- Assessee borrowed certain amounts from a financial institution and claimed the deduction of interest paid - the conclusion of the AO could have been approved or upheld, if only he was able to demonstrate that what was advanced by the respondent to its sister concern was nothing but the amount borrowed from the financial institution - It is not uncommon that even where an entrepreneur is possessed o.....

  • 2014 (9) TMI 13 - MADRAS HIGH COURT

    Appadurai Vijayaraghavan Versus The Joint Commissioner of Income Tax (OSD), Income Tax Department

    Income Tax - Applicability of section 50C – Adoption of valuation made by DVO - Evidentiary value of registered document – LTCG on transfer of capital asset - Held that:- Relying upon S.Muthuraja V. CIT [2013 (8) TMI 40 - MADRAS HIGH COURT] -when an objection is made by the assessee to the AO with regard to the adoption of market value u/s 50C(1) of the Income Tax Act - The provision of Section 50C(2) of the Income Tax Act gets attracted - even though the assessee had made an objection for invoking Section 5.....

  • 2014 (9) TMI 12 - MADRAS HIGH COURT

    Commissioner of Income Tax Versus M/s. Oriental Hotels Ltd.

    Income Tax - Computation of deduction u/s 80HHD - Expenditure tax, luxury tax and sales tax to be included or not – Held that:- Following the decision in CIT Vs Adyar Gate Hotels Limited [2006 (2) TMI 155 - MADRAS High Court] - expenditure tax, luxury tax and sales tax should not be included in the total business receipts for the purpose of computing of deduction u/s 80HHD – revenue could not controvert or filed any higher Court's decision on this issue to take a different view – the order of the Tribunal .....

  • 2014 (9) TMI 11 - MADRAS HIGH COURT

    Saiyana Warehouse (P) Ltd. Versus The Assistant Commissioner of Income Tax

    Income Tax - Rejection in condonation of delay u/s 249(3) - Delay of three years two months and three days – Continuous perusal of appeal before CIT(A) as well as Tribunal on same issues for earlier assessment years - Held that:- For the AYs 2004-2005, 2005-2006 and 2006-2007, the assessee has been diligently pursuing the matter before the higher forum and has succeeded in getting a decision in its favour, holding that income from letting out of warehouses is business income - when reopening of assessment wa.....

  • 2014 (9) TMI 10 - GUJARAT HIGH COURT

    ASSTT. CIT. Versus RANGOON CHEMICAL WORKS PVT LTD.

    Income Tax - Maintainability of appeal - Tax effect below prescribed limit - Held that:- Tax effect in all the appeals is less than ₹ 2,00,000 - in view of the CBDT Circular No. 1979, Dated 27th March, 2000, and which has been given effect from 1st April, 2000, it was not open for the revenue to prefer an appeal, where the tax effect is less than ₹ 2,00,000 – the appeal cannot be admitted – Decided against Revenue......

  • 2014 (9) TMI 9 - MADRAS HIGH COURT

    Commissioner of Income tax Versus M/s. Wheels India Limited

    Income Tax - Ascertainment of liability towards leave encashment – contingent liability - Mercantile system of accounting - application of Bharat Earth Movers Versus Commissioner of Income-Tax [2000 (8) TMI 4 - SUPREME Court] – Held that:- The assessee filed the return of income attaching the Statutory Audit report dated 29.7.1998, the note No.17 of Schedule XIV regarding accounting of gratuity and leave encashment benefits to the staff (amount not ascertained) clearly mentioned that it was on cash basis in.....

  • 2014 (9) TMI 8 - BOMBAY HIGH COURT

    M/s. Eskay K'n' IT (India) Ltd. Versus Deputy Commissioner of Income Tax And Others

    Income Tax - Reopening of assessment u/s 147/148 – Reason to believe – True and full disclosure of necessary facts - Held that:- The notice is issued after a period of almost nine years from the end of the relevant AY i.e. 1993-94 - the order of the Tribunal dated 25th October 2002 was dealing with appeal for block assessment i.e. 1st April 1986 to 1st August 1996 - the scope of regular assessment is to ensure that there is no undue payment of tax while block assessment is only to assess the undisclosed inco.....

  • 2014 (9) TMI 7 - DELHI HIGH COURT

    Oriental Bank of Commerce Versus Additional Commissioner of Income Tax

    Income Tax - Reassessment u/s 147/148 – Change of opinion – Reason to believe - Disallowance u/s 36(1)(viia) – Held that:- The reasons indicate are that on account of a mistake on the part of the AO the income had escaped assessment – relying upon WEL INTERTRADE PRIVATE LIMITED (FORMERLY WEL INTERTRADE LIMITED) & ANOTHER Versus INCOME TAX OFFICER, WARD 18 (3) [2008 (8) TMI 18 - HIGH COURT DELHI] - a mistake on the part of the AO is not sufficient to invoke the provisions of Section 147, particularly, in view.....

  • 2014 (9) TMI 6 - DELHI HIGH COURT

    Omniglobe Information Tech India Pvt. Ltd. Versus Commissioner of Income Tax

    Income Tax - Effective date for set up of business – 1.4.2004 or 30.6.2004 - Approval as 100% EOU taken and operations commenced from 1.4.2004 - AO and ITAT observed that the appellant assessee had commenced its operations only from 1.6.2004, i.e. the date on which the appellant assessee entered into "service agreement" with its parent company - AO and ITAT capitalized the expenditure incurred between 1.4.2004 to 31.5.2004 - Held that:- Keeping in view the nature of business activity of the appellant-assess.....

  • 2014 (9) TMI 5 - GUJARAT HIGH COURT

    COMMISSIONER OF INCOME TAX II Versus MASTEK LIMITED

    Income Tax - Penalty u/s 271(1)(c) – Inaccurate particulars furnished or not – Claim of deduction u/s 10A – Held that:- As decided in assessee’s own case, it has been held that there was no material brought forward to prove that the assessee has not furnished any inaccurate particulars of income nor had it found that there was any concealment on the part of the assessee - the additions were sustained particularly in the quantum appeal by disallowing the expenditure on interpretation of the provisions of law .....

  • 2014 (9) TMI 4 - DELHI HIGH COURT

    M/s. Swarovski India Pvt. Ltd. Versus Deputy Commissioner of Income Tax

    Income Tax - Validity of notice u/s 148 – Full and True disclosure - Held that:- While the AO mentioned that income had escaped assessment because of the failure on the part of the assessee to fully and truly disclose the material facts for assessment, he has not indicated as to which material fact had not been fully and truly disclosed by the assessee - Relying upon Rural Electrification Corporation Ltd. vs. Commissioner of Income Tax [2013 (5) TMI 388 - DELHI HIGH COURT] - merely having a reason to believe.....

  • 2014 (9) TMI 3 - MADRAS HIGH COURT

    Mrs. Sakunthala Vedachalam, Mrs. Vanitha Manickavasagam Versus The Assistant Commissioner of Income Tax

    Income Tax - Nature of land sold – Agricultural or not – Invocation of section 50C – Exemption of LTCG - Whether the lands sold by the assessees are agricultural lands and whether they are entitled to the benefit of exemption from capital gains tax – Held that:- The lands are classified as agricultural lands in the revenue records and they are dry lands - the assessees have qualified under clause 11(1) since as per the adangal records, these lands were classified as agricultural lands and the assessees have .....

  • 2014 (9) TMI 2 - ANDHRA PRADESH HIGH COURT

    Sri Y. Rathiesh Versus The Commissioner of Income Tax-I

    Income Tax - Claiming TDS credit whereas interest income was not recognized following cash basis of accounting - accrual of income – Held that:- By adopting the cash system for this component of his returns, the appellant did not pay any tax on the interest payable to him by the 1st company, on the ground that the amount has not been paid at all - The 1st company made TDS in respect of the amount payable to the appellant as interest and issued certificate - The assessee wanted to use the certificate in its e.....

  • 2014 (9) TMI 1 - ANDHRA PRADESH HIGH COURT

    The Commissioner of Income Tax-I Versus M/s. Compagne Indo Franchaise Be Commerce (P) Ltd.

    Income Tax - Benefit of section 80-O – Claim of 50% of commission received - Assessee contended that it has entered into an agreement with certain foreign companies for providing guidance and supply of information about the activities in India, of the foreign company, by name CSTP of French origin – Held that:- The contention of revenue that the Tribunal ought to have remanded the matter, could certainly have been accepted, if only the Tribunal recorded any finding on the basis of the material, which did not.....

Recent Case Laws - Wealth tax Cases

  • 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.....

  • 2014 (1) TMI 415 - CALCUTTA HIGH COURT

    Indrajit Banerjee Versus Commissioner of Wealth Tax -IX & Another

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

  • 2014 (1) TMI 317 - ITAT HYDERABAD

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

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

Recent Case Laws - Service Tax Cases

  • 2014 (9) TMI 38 - BOMBAY HIGH COURT

    M/s. Bharti Airtel Ltd. (Earlier known as Bharti Tele-Ventures Ltd.) Versus The Commissioner of Central Excise

    Service Tax - Cenvat Credit - capital goods or not - being tower parts, green shelter, printers and office chairs - immovable property - tower would qualify as “part” or “component” or “accessory” of the capital goods i.e. antenna or not - Held that:- It is clear that each of the component had independent functions and hence, they cannot be treated and classified as single unit. It is clear that all capital goods are not eligible for credit and only those relatable to the output services would be eligible fo.....

  • 2014 (9) TMI 37 - MADRAS HIGH COURT

    Kishorkumar Gokaldas Developers & Promoters Versus The Commissioner of Service Tax

    Service Tax - Waiver of pre-deposit - tribunal dismissed the appeal for non compliance of stay order - Construction of residential complexes and commercial complexes - ownership - undue hardship - Held that:- the order of the Tribunal directing payment of pre-deposit has been duly complied with by the appellant, though belatedly. - The word undue adds something more than just hardship. It means an excessive hardship or a hardship greater than the circumstances warrant - appeals restored to the file of the .....

  • 2014 (9) TMI 36 - MADRAS HIGH COURT

    Commissioner of Service Tax Versus M/s. JM. Baxi & Co.

    Service Tax - Condonation of delay - revenue appeal - delay of 98 days - it is evident that the issue has been taken by the appellant before the Board for its approval to file appeal and as a consequence, delay occasioned - Held that:- The facts and circumstances of the present case clearly justifies condonation of delay of 98 days, in any event, 48 days from the date the Board granted its approval, whereinafter some time is required for preparation and filing of the appeal. The Tribunal should have taken a .....

  • 2014 (9) TMI 35 - CESTAT AHMEDABAD

    M/s. Laxmi Enterprise Versus Commissioner of Central Excise & ST., Vadodara

    Service Tax - Cenvat Credit - capital goods, input and input services used for making of immovable property, which is further put to renting of immovable property service - Held that:- The definition of ‘inputs’ is limited to the definition of ‘input services’ as can be seen from the definitions. Credit of duty paid on inputs is available when the inputs are used for providing an ‘output service’. Therefore, there is a need to say that the inputs have been used for providing an ‘output service’. In the case .....

  • 2014 (9) TMI 34 - CESTAT MUMBAI

    M/s JET AIRWAYS (INDIA) LTD. Versus COMMISSIONER OF CENTRAL EXCISE, MUMBAI-I

    Service Tax - Waiver of pre-deposit of service tax - charge for excess baggage - transportation of goods by air service - Held that:- As the Co-ordinate bench of Bombay in the case of Kingfisher Training & Aviation Services Ltd. (2010 (9) TMI 327 - CESTAT, NEW DELHI) waived the pre-deposit of dues which were confirmed on the same ground. Respectfully, following the above decision, the pre-deposit of dues are waived and recovery of the same is stayed during the pendency of the appeals - Stay granted......

  • 2014 (9) TMI 33 - CESTAT MUMBAI

    M/s IDEAL ROAD BUILDERS PVT LTD. Versus COMMISSIONER OF SERVICE TAX, MUMBAI

    Service Tax - Maintenance or Repair Service - Held that:- no service tax can be levied on services, which are under the category of Management, Maintenance or Repair of roads for the period from 16.6.2005 to 26.7.2009. In view of the above, impugned order is set aside - Decided in favour of assessee......

  • 2014 (8) TMI 924 - CESTAT NEW DELHI

    SAHARA INDIA TV NETWORK Versus COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, NOIDA

    Service Tax - Waiver of pre deposit - payment of service tax wrongly - Registration number inadvertently indicated in the challan - Commissioner(A), Noida dismissing this claim & rejecting appeal - Assistant Commissioner, Division-IV, Service Tax-II, Mumbai confirming that the amount is paid and the same is still lying in Mumbai unit account and not utilized - Held that:- Payment of ₹ 25 lakhs indicated in the challan has been paid and the Government has received the amount of ₹ 25 lakhs as credit.....

  • 2014 (8) TMI 923 - CESTAT AHMEDABAD

    GEC INTERNATIONAL STUDY CENTRE Versus COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, AHMEDABAD

    Service Tax - Business Auxiliary Service - Penalty u/s 76, 77 & 78 - visa consultancy service to students who want to study abroad - commission from local visa consultancy agents for referring students - Held that:- Appellant has discharged the service tax liability and the interest thereof, on being pointed out about the tax liability. It is also noted that the statements of the concerned officials of the assessee also clearly indicate that they were unaware of the law as to the taxability of the service ren.....

  • 2014 (8) TMI 921 - CESTAT MUMBAI

    GAMMON INDIA LTD. Versus COMMISSIONER OF SERVICE TAX, MUMBAI-I

    Service Tax - Valuation of service - Industrial or commercial construction - erection, commissioning and installation service - Held that:- The Larger Bench of the Tribunal held that value of goods and materials supplied free of cost by the service recipient to the provider of taxable construction service, being neither monetary or non-monetary consideration paid by or flowing from the service recipient, accruing to the benefit of service provider, would be outside the taxable value of the gross amount charge.....

  • 2014 (8) TMI 920 - CESTAT MUMBAI

    INDIA LAND INFRASTRUCTURE DEVELOPMENT PVT LTD Versus COMMISSIONER OF CENTRAL EXCISE, PUNE-III

    Service Tax - Waiver of pre deposit - renting of immovable property service - Revenue wants to add to the assessable value of taxable service the notional interest on the security deposits received from the lessees - Held that:- Tribunal in the case of Magarpatta Township Development & Constructions Co. Ltd. vs. CCE, Pune-III reported in [2013 (7) TMI 669 - CESTAT MUMBAI] waived the pre deposit of the dues which were confirmed on the same grounds. In view of the above stay order, pre-deposit of the dues is wa.....

Recent Case Laws - Central Excise Cases

  • 2014 (9) TMI 29 - DELHI HIGH COURT

    Dr. Reddy’s Laboratories Ltd. Versus Union of India And Others

    Central Excise - Recovery of excessive refund / rebate of excise duty granted earlier - export of pharmaceutical products - allegation of over-valuation of goods - Held that:- it is understood that the entire process of launching a new product involves huge expenditure. These hidden costs are also have to be considered for arriving at the sale price of such innovative product. Further, Dr. Reddy's vide their letter dated 17.08.2011 have undertook to submit the Bank Realisation Certificate on receipt of export p.....

  • 2014 (9) TMI 28 - CESTAT MUMBAI

    M/s RISHI LASER LTD Versus COMMISSIONER OF CENTRAL EXCISE

    Central Excise - Computation of DTA entitlement - demand export to be considered or not - Held that:- High Court of Gujarat in the NBM Industries [2011 (9) TMI 360 - GUJARAT HIGH COURT] and Gujarat Fashion cases (2014 (2) TMI 57 - GUJARAT HIGH COURT) and the Tribunal's decision in the case of Amitex Silk Mills Pvt. Ltd. (2005 (10) TMI 128 - CESTAT, NEW DELHI), we are of the prima facie view that the clearance effected by way of deemed exports can be taken into account for computing the DTA entitlement. Thus, the.....

  • 2014 (9) TMI 27 - CESTAT MUMBAI

    CCE, NAGPUR Versus GUPTA COAL FIELD & WASHERIES LTD

    Central Excise - CENVAT Credit - nexus with the activity of providing services under the category of "Business Auxiliary Services" and "Goods Transport Agency Service" - Held that:- Services have been provided in a residential colony which was not having any nexus with the business activity of the assessee but in this case the CENVAT Credit have been availed by the respondent for their activity of coal washing. Therefore, as per the decision of the Hon'ble High Court of Bombay in the case of Ultratech Cement Ltd.....

  • 2014 (9) TMI 26 - CESTAT MUMBAI

    COMMISSIONER OF CENTRAL EXCISE Versus EMCURE PHARMACEUTICALS LTD

    Central Excise - 100% EOU - Bar of limitation - Self removal procedure - Held that:- From the records it is clearly seen that the respondent had declared to the department that they would be availing the benefit of Notification 23/2003 in respect of advance DTA sales to be effected by them in terms of the permission granted by the Development Commissioner as early as in 2004 itself. Therefore, the respondent cannot be said to have withheld any information from the department. The respondent's plea that they were.....

  • 2014 (9) TMI 25 - CESTAT MUMBAI

    M/s VIRAJ PROFILES LTD Versus COMMISSIONER OF CENTRAL EXCISE

    Central Excise - 100% EOU - Concessional rate of excise duty under Notification No. 23/2003-CE dated 31.3.2003 - department sought to deny the concessional rate on the ground that MS Wire Rods has not been specified as a product in the LOP given by the Development Commissioner and, therefore, the appellant is liable to discharge the excise duty at the full tariff rate and not at the concessional rate - Held that:- There is a technical breach of the condition of the LOP by the appellant in this case, which could .....

  • 2014 (8) TMI 916 - CESTAT CHENNAI

    SKS MILLS Versus COMMISSIONER OF CENTRAL EXCISE, SALEM

    Central Excise - Waiver of predeposit of duty - Accumulation of CENVAT Credit - manufacture of cotton yarn - exemption vide Notification No.30/2004 dt.9.7.2004 - Held that:- It is seen from the SCN that the proceedings were initiated on the ground that as per Notification No.30/2004 dt. 9.7.2004, the applicant cannot accumulate any cenvat credit on the inputs or capital goods. Prima facie , I find that Notification No.30/04 read with corrigendum dt. 9.7.2004 restriction was imposed only in respect of the goods w.....

  • 2014 (8) TMI 915 - CESTAT NEW DELHI

    M/s. Shree Bankey Behari Concast (P) Ltd. Versus CCE, Lucknow

    Central Excise - Confiscation of goods - Clandestine removal of goods - penalty imposed under Rule 26 of Central Excise Rules, 2002 - clearance of the goods from the factory - Held that:- On perusal of the judgement rendered in the case of Eurasia Marbles Pvt. Ltd., referred to above, it is observed that this judgement relating to 100% EOU and cannot be applied to the facts of present case. It is observed that the Commissioner (Appeals) has modified the order of adjudicating authority by reducing redemption fine.....

  • 2014 (8) TMI 914 - CESTAT CHENNAI

    M/s. Lakshmi Machine Works Ltd. Versus CCE, Coimbatore

    Central Excise - Waiver of predeposit - valuation under Rule 6(b) or Rule 8 - Supply a portion of the finished goods to their other units as well as in the market - appellant paid the duty on the inter-unit transfer on the comparable price which was rejected on the ground that comparable price is a contract price - Held that:- Applicant has sold the same goods to the independent buyers during the relevant period and therefore it appears to be covered by the decision of the Larger Bench of the Tribunal in the cas.....

  • 2014 (8) TMI 913 - CESTAT MUMBAI

    COMMISSIONER OF CENTRAL EXCISE Versus M/s LLOYDS METALS & ENGG LTD

    Central Excise - Denial of CENVAT Credit - Cenvat Credit availed by the respondent on MS Bar, CTD bars, beams etc. which was used by the respondent for setting up the klin cooler and chimney in their factory - Revenue is of the view that these items does not cover under Rule 2(k) of the CENVAT Credit Rules, 2004, therefore, the respondents are not entitled for input credit, therefore the show-cause notice was issued, the matter was adjudicated, and demand was confirmed by the Adjudicating Authority along with in.....

  • 2014 (8) TMI 912 - CESTAT MUMBAI

    SAHAKAR SHIROMANI VASANTRAO KALE SAHAKARI SAKHAR KARKHANA LTD Versus COMMISSIONER OF CENTRAL EXCISE

    Central Excise - Imposition of penalty - non maintenance of separate records - consumption of inputs/input services used in the manufacture of dutiable as well as exempted products - Held that:- This is a case where demand @ 10%/5% of the value of bagasse cleared without payment of duty has been made during the course of manufacture of sugar. Bagasse is a waste/by-product - In a recent decision the hon'ble apex Court in the case of Hindustan Zinc Ltd. held that the provisions of Rule 6(3) of the CENVAT Credit Ru.....

Recent Case Laws - Customs Cases

  • 2014 (9) TMI 24 - SUPREME COURT

    M/s. Gira Enterprises & Another Versus Commissioner of Customs, Ahmedabad

    Customs - Valuation - enhancing value based on computer printouts - import of Cyanuric Chloride - revenue allege that cost of the unit price in each one of those imports was US $ 1950/- PMT(CIF) as against the value declared by the appellants of US $ 500/- PMT - Held that:- Whether Cyanuric Chloride was imported at the relevant point of time by others in comparable transactions, i.e., is “a sale at the same commercial level and in substantially the same quantity” etc. is a matter to be considered on the .....

  • 2014 (9) TMI 23 - CESTAT BANGALORE

    M/s NUTRA SPECIALITIES PVT LTD. Versus COMMISSIONER OF CUSTOMS, CENTRAL EXCISE AND SERVICE TAX, GUNTUR

    Customs - 100% EOU - import of 500 Kgs of Solenesol and 20 Kgs. of Octacosanol without payment of duty - Notification No.52/2003-Cus dated 31.3.2003 - Appellant did not utilized the material for 3 years nor did they clear it on payment of duty and nor they obtained extension of warehousing period in respect of these two inputs - Held that:- No doubt, the application was made much after the period was over, yet, once the application was made, a formal decision should have been taken and communicated to the.....

  • 2014 (9) TMI 22 - CESTAT NEW DELHI

    M/s INDIAN JEWELS Versus CC. (Import & General), New Delhi

    Customs - Exemption from duty – Whether or not jewellery re-imported was eligible for exemption under Notification No.94/96-CUS, dated 16.12.1996 - benefit denied by Revenue on the ground that the item re-imported was different from that exported which was established in examination; and contested herein - Held that:- The crucial evidence not being reconciled by either side, that gave rise to difference between two parties. It is evident that when there was export of huge quantity of goods taking photogra.....

  • 2014 (8) TMI 911 - CESTAT NEW DELHI

    M/s TIRUPATI IMPEX Versus COMMISSIONER OF CENTRAL EXCISE

    Customs - Restoration of Appeal - Importation of computer bags - Plea to recall Tribunal order on the ground that valuation issue was not addressed - Held that:- Court had examined the bag produced before us in the course of appeal hearing on 03.04.2013 in great detail. That was visible as computer bag to the nacked eye with different features therein including safety cushion to accommodate a laptop which is a delicate instrument being (electronic goods) with memory needing cushion for its resting. Order .....

  • 2014 (8) TMI 910 - CESTAT MUMBAI

    PERINGATIL HAMZA Versus CC(AIRPORT), MUMBAI

    Customs - Confiscation of currency - Currency neither declared nor permitted by RBI for export - Penalty - Held that:- The general principle is that on whose possession the goods are found then that person is to be owner of the goods. In this case, the currency has been recovered from the possession of the appellant and the appellant claims the owner of the goods and the adjudicating authority is holding that he is not the owner of the goods. Therefore, the onus lies on the adjudicating authority to find .....

  • 2014 (8) TMI 909 - CESTAT AHMEDABAD

    CC., Kandla Versus M/s Agro Canners

    Customs - Confiscation of goods - Redemption fine - Adjudicating authority dropped redemption fine demand - Held that:- Bench had remanded the matter aback in respect of the appellants as indicated in original proceedings to adjudicating authority to reconsider the issue. It is also noticed that M/s Agro Canners never filed an appeal against the confirmation of demands of customs duty or against the amount of redemption fine imposed in the original proceedings. In our considered view, the adjudicating aut.....

  • 2014 (8) TMI 908 - CESTAT NEW DELHI

    M/s INTERNATIONAL AIR CHARTER OPERATIONS (I) PVT LTD Versus COMMISSIONER OF CUSTOM (PREVENTIVE), NEW DELHI

    Customs - Stay application – Repeated requests by the revenue for adjournments opposed by the appellant as Bank Guarantee was given for ₹ 6.5 crores and the same is kept alive which involves substantial costs - The stay order passed earlier by the Tribunal has referred to only the merits of the case as also to the clarification given by the DGCA - Held that:- earlier vide Stay Order, appellant was directed to deposit 50% of the duty amount as a condition of hearing of his appeal. The subsequent mis.....

  • 2014 (8) TMI 880 - CESTAT NEW DELHI

    M/s Gwalior Alcobrew Pvt. Ltd. Versus CC, Indore

    Customs - Provisional assessment - Finalization attained later on - Interest demand - Whether interest shall be levied on the differential duty in respect of provisional assessments made before 13.07.2006 but finalised on 18.07.2011. - Held that:- There is no dispute of the fact about the import and the date of provisional assessment as well as date of finalisation thereof. Provisional assessments were completed on 18.02.2005 and finalisation thereof was made on 18.07.2011. Sub section 18(3) of Customs of.....

  • 2014 (8) TMI 879 - CESTAT NEW DELHI

    M/s. Manglam Impex Versus CC, ICD, TKD, New Delhi

    Customs - Duty demand - Bar of limitation - According to the Revenue, the date of presentation of bill of entry is the date from which limitation will be counted. Assessee controverts the same saying that the date on which the assessment was completed that shall be the date to count limitation - Held that:- Appellant is correct to say that the demand raised on a particular date may aggrieve him and that date gives rise to the cause of action against the consequence of assessment - In the absence of record.....

  • 2014 (8) TMI 878 - CESTAT NEW DELHI

    DELHI INTERNATIONAL AIRPORT PVT LTD Versus COMMISSIONER OF CUSTOMS, NEW DELHI

    Customs - Disposal of representation - appeal to Commissioner (Appeals) under section 128 - Held that:- Once representation was made to learned Commissioner, he was required to pass an order against that. But he failed to do so. The representation was disposed by Assistant Commissioner. Appeal was therefore rightly filed before Commissioner (Appeals). Accordingly, the impugned order is set aside and both the appeals are remanded to the Commissioner (Appeals) to dispose the matter on merits of the case. It.....

Recent Case Laws - VAT and Sales Tax Cases

  • 2014 (9) TMI 32 - KARNATAKA HIGH COURT

    M/s KOLTE PATIL DEVELOPERS LTD Versus STATE OF KARNATAKA

    VAT and Sales Tax - Benefit of exemption from payment of tax under Section 6-B of the Karnataka Sales Tax Act - levy of resale tax - Held that:- The word used in clause-(x) and the aforesaid clause(xiv) are identical. After amendment, it is called as resale tax. Earlier it was called as turnover tax. Both are leviable unless the goods falls under the proviso. If the goods falls under the proviso, the benefit of exemption was granted. Therefore, the Tribunal was not justified in denying the exemption when the earlie.....

  • 2014 (9) TMI 31 - KERALA HIGH COURT

    State of Kerala Versus Balsara Hygiene Products

    VAT and Sales Tax - Classification of goods - Whether the Tribunal is justified in classifying 'Odonil' sold by the assessee as an item falling under entry 85 of the First Schedule as against the stand of the Department that the commodity would fall only under entry 127 of the First Schedule to the Kerala General Sales Tax Act - Held that:- Items so specifically mentioned are all relating to items which are used on the human body for beautification, grooming and having cosmetic qualities or properties. The product .....

  • 2014 (9) TMI 30 - KARNATAKA HIGH COURT

    State of Karnataka Versus RK. Powergen Pvt. Ltd.

    VAT and Sales Tax - Levy of entry tax on twist drills, cutters, reamers, taps, etc. - scope of the words "parts and accessories" - Taxability of goods covered under entry 52 of Schedule I to the Karnataka Tax on Entry of Goods Act, 1979 - Held that:- Scope of entry 52 of the First Schedule to the Act cannot, in our understanding, be understood or explained with reference to an entry occurring in the KST Act, assuming that it is a like entry or analogous to an entry in the KST Act, but even if the argument is to .....

  • 2014 (8) TMI 922 - ALLAHABAD HIGH COURT

    Catalysts Versus State of UP. And Others

    VAT and Sales Tax - Reopening of assessment - UPTT - why reassessment proceedings under Section 21 of the Act should not be reopened on the ground that enzymes was not a chemical since it only acts as a catalyst and, therefore, is taxable at the rate of 10% as an unclassified item - Held that:- There has been no discussion in the original assessment order as to whether enzyme is a chemical or not. In the absence of any finding being given by the Assessing Officer on this aspect, the issue as to whether enzyme is a .....

  • 2014 (8) TMI 918 - ALLAHABAD HIGH COURT

    M/s. Gupta Suppliers Company Lucknow Thru Sole Proprietor Versus Commercial Tax Tribunal, & Others

    VAT and Sales Tax - Cancellation of registration - in the survey made at the Head Office of the petitioner at Lucknow neither books of account nor stock of Menthal Oil were found - Held that:- Impugned order is absolutely cryptic and does not even refer to the facts of the case nor to the case laws referred to by the petitioner. It has failed to consider that the case of the petitioner throughout was that he had only applied for permission for transfer of his Head Office from Mausali, Barabanki to Kanchanpur Matiya.....

  • 2014 (8) TMI 917 - DELHI HIGH COURT

    Remari India (P) Ltd. Versus Commissioner Sales Tax

    VAT and Sales Tax - Nature of transaction - local sale or export of goods - Failure to furnish evidence - Whether in the facts and circumstances of the case, the appellant Appellate Tribunal VAT was correct in holding that the transfer of property in the goods from the appellant company to M/s Hyaat, Katmandu (Nepal) took place after and not before the goods were cleared for export out of India - Held that:- Law was settled and the expression “in the course of export” was well established and understood. Transactio.....

  • 2014 (8) TMI 897 - MADRAS HIGH COURT

    Bharani Readymades Versus State of Tamil Nadu and Another

    VAT and Sales Tax - Benefit of compounding system of assessment - Assessee made inter state purchases in earlier years - Tamil Nadu Value Added Tax Act, 2006 - Held that:- dealer effecting second and subsequent sale within the State having a business relating to taxable goods less than ₹ 50 lakhs may pay tax at his option, for each year on his turnover relating to taxable goods at the rate not more than 0.5 per cent. The option to pay at the compounded rate has to be exercised (a) within 30 days from the date.....

  • 2014 (8) TMI 895 - ALLAHABAD HIGH COURT

    M/s. Good Year India Ltd. Versus Commissioner, Commercial Taxes And Another

    VAT and Sales Tax - Rate of tax - Whether even otherwise, where two views are possible in respect of the tyres and tubes of tractor on which the additional tax of one percent or three per cent was to be levied and in view of the fact that tyres and tubes of tractors were not excluded from the description of the goods mentioned at serial no.1 of Schedule II of VAT Act and other interpretation that tractor has not been mentioned at serial no.5 while cycle, cycle rickshaw have been mentioned, the view in favour of dea.....

  • 2014 (8) TMI 894 - ALLAHABAD HIGH COURT

    M/s. UB Engineering Ltd. Versus State of UP. And Others

    VAT and Sales Tax - Issuance of Form C - Issue of writ of mandamus - Imposition of tax liability at enhanced rate - Held that:- When an Act provides a mechanism for payment at concessional rate of tax, a registered dealer would be entitled to avail this facility provided Form-C is given to him by the purchaser. Rule 8 of the Central Sales Tax Rules as applicable in the State of U.P. provides that Form-C can be issued by the department to a registered dealer. We find that the stand of the State that the Managing Dir.....

  • 2014 (8) TMI 893 - ALLAHABAD HIGH COURT

    M/s. Asian PPG. Industries Ltd. Versus Commercial Tax Tribunal And 2 Others

    VAT and Sales Tax - Waiver of pre-deposit - Interpretation of Section 18A(5) of the Central Sales Tax Act, 1956 - Tribunal has directed the petitioner to deposit 1/3rd of the disputed tax and to produce proof of deposit - Held that:- Section 18A(5) of the Act empowers the Tribunal to pass an order of Stay subject to such terms and conditions as it thinks fit, and such order may, inter alia, indicate the portion of tax as assessed, to be deposited prior to admission of the appeal. A bare reading of the said provisio.....

Recent Case Laws - Corporate Laws Cases

  • 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.....

  • 2014 (8) TMI 429 - SUPREME COURT

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

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

  • 2014 (8) TMI 417 - SUPREME COURT

    Dashrath Rupsingh Rathod Versus State of Maharashtra & Another

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

  • 2014 (8) TMI 416 - SUPREME COURT

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

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

Recent Case Laws - FEMA Cases

  • 2014 (8) TMI 607 - DELHI HIGH COURT

    Umesh K. Modi Versus Deputy Director of Enforcement

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

  • 2014 (7) TMI 727 - DELHI HIGH COURT

    Enforcement Directorate Versus American Express Bank & Others

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

  • 2014 (6) TMI 577 - DELHI HIGH COURT

    SK. Jain Versus Union of India & Another

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

  • 2014 (5) TMI 863 - DELHI HIGH COURT

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

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

  • 2014 (5) TMI 824 - DELHI HIGH COURT

    Negolice India Ltd. And Others Versus Director of Enforcement

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

  • 2014 (5) TMI 784 - DELHI HIGH COURT

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

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

  • 2014 (5) TMI 288 - SUPREME COURT

    LICIL Antony Versus State of Kerala & Another

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

  • 2014 (4) TMI 612 - DELHI HIGH COURT

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

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

  • 2014 (4) TMI 585 - DELHI HIGH COURT

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

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

  • 2014 (4) TMI 516 - DELHI HIGH COURT

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

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

Recent Case Laws - Misc Cases

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

    Capital Medicos and Others Versus Chandigarh Administration and Others

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

  • 2014 (7) TMI 1006 - CHHATTISGARH HIGH COURT

    Mahadeo Versus State of Chhattisgarh.

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

  • 2014 (7) TMI 938 - MEGHALAYA HIGH COURT

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

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

  • 2014 (7) TMI 916 - BOMBAY HIGH COURT

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

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

  • 2014 (7) TMI 773 - KERALA HIGH COURT

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

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

  • 2014 (7) TMI 623 - DELHI HIGH COURT

    Vibhas Kumar Jha Versus Union of India

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

  • 2014 (7) TMI 544 - SUPREME COURT

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

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

  • 2014 (7) TMI 310 - ALLAHABAD HIGH COURT

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

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

  • 2014 (7) TMI 58 - MADRAS HIGH COURT

    V. Thangaraj Versus The Joint Commissioner (Commercial Taxes)

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

  • 2014 (6) TMI 212 - BOMBAY HIGH COURT

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

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

 
 

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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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