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Recent Case Laws

  • 2014 (4) TMI 693 - ALLAHABAD HIGH COURT

    M/s. Rifco Traders Versus State of UP. And Another

    VAT and Sales Tax - Requirement of Notice of change in the constitution of the firm - Certificate of registration – Held that:- Section 17 deals with registration of dealers and sub-section (14)(a) read with Explanation (II) would clearly show that where there is a cha.....

  • 2014 (4) TMI 692 - KARNATAKA HIGH COURT

    M/s MOOKAMBIKA TRADERS Versus THE COMMERCIAL TAX OFFICER, (AUDIT-I) & THE COMMERCIAL TAX OFFICER (INTELLIGENCE -3)

    VAT and Sales Tax - Entertainment of writ petition – Available Alternate remedy of an appeal u/s 62 – Invocation of Extraordinary Jurisdiction of High Court – Article 226 of Constitution of India - Held that:- For the reason that petitioner has an alternate and efficaci.....

  • 2014 (4) TMI 691 - KERALA HIGH COURT

    Sajeev. V. Proprietor, Dreamz, Infotech Versus Commercial Tax Officer

    VAT and Sales Tax - Condition of Pre-deposit – Interim stay during the pendency of the appeal – Held That:- This Court finds that, Assessee had not submitted any objection, on serving the pre- assessment notice as clearly discernible from Exts. P1 to P3 - What the reaso.....

  • 2014 (4) TMI 690 - BOMBAY HIGH COURT

    Mastek Ltd. Versus Commissioner of Sales Tax

    VAT and Sales Tax - Whether the Tribunal ought to be directed to raise the questions proposed - Whether Tribunal was justified to come to conclusion that software is developed by the Applicant and transferred to HDFC, Based on records in the form of invoice and work ord.....

  • 2014 (4) TMI 689 - GUJARAT HIGH COURT

    Ramesh Steels Versus Commercial Tax Officer

    VAT and Sales Tax - Business transaction after filing of application for cancellation VAT registration but in the absence of any order from the VAT authorities assuming that registration was not cancelled - What would be the effect of withdrawal of application seeking c.....

  • 2014 (4) TMI 688 - CESTAT MUMBAI

    TACO FAURECIA DESIGN CENTER PVT LTD. Versus COMMISSIONER OF CENTRAL EXCISE, PUNE-III

    Service Tax - Denial of refund claim - Bar of limitation - Held that:- in the case of export of service during the impugned period the relevant date is the date of receipt of the payment towards the service exported. As the appellant has filed the refund claim in.....

  • 2014 (4) TMI 687 - CESTAT CHENNAI

    Chettinadu Constructions Versus Commissioner of Central Excise (ST), Madurai

    Service Tax - Commercial and industrial construction service - construction work undertaken for educational institutions - Revenue submitted that the institution for which construction activity was being undertaken was collecting substantial fees for providing edu.....

  • 2014 (4) TMI 686 - CESTAT CHENNAI

    M/s. AVM Projection Service Versus Commissioner of Service Tax, Chennai

    Service Tax - Waiver of pre-deposit of tax - Projection theatre under the category of Renting of Immovable Property - Held that:- Section 65(90a) of Finance Act, 1994 renting of immovable property includes renting, letting, leasing, licensing or other similar arra.....

  • 2014 (4) TMI 685 - CESTAT CHENNAI

    M/s. AVM TELEKOM Versus Commissioner of Service Tax, Chennai

    Service Tax - Waiver of pre deposit - business of marketing telecom services - Incentive for work done - Applicant claim that these incentives were to be paid to the staff of the applicant, hence not liable to service tax - Held that:- Prima facie, we feel that th.....

  • 2014 (4) TMI 684 - CESTAT CHENNAI

    NLC Indcoserve Versus Commissioner of Central Excise, Puducherry

    Service Tax - Waiver of predeposit of interest - demand of interest - appellant submitted that they have erroneously paid the tax on reimbursement of administrative charges which is not warranted - man power recruitment or supply agency services - Held that:- app.....

  • 2014 (4) TMI 683 - DELHI HIGH COURT

    NTPC Ltd. Versus Commissioner of Income Tax-V

    Income Tax - Power u/s 263 of the Act – Withdrawal of additional depreciation – Reference made for revision of sales - Whether the CIT fell into error in invoking his power u/s 263 of the Act modifying the assessment order by withdrawing the additional depreciati.....

  • 2014 (4) TMI 682 - DELHI HIGH COURT

    Commissioner of Income Tax-IV Versus M/s. Devasan Investment Pvt. Ltd.

    Income Tax - Nature of income – STCG or business income - What factors are to be given weight while examining whether a taxpayer is a dealer in shares or having regard to the nature of investment, it is to be construed that the income bears the character of sale .....

  • 2014 (4) TMI 681 - DELHI HIGH COURT

    Commissioner of Income Tax-II Versus Ashok Wadia

    Income Tax - Nature of income – Sale of shares - Whether the income is business income or STCG - The shares were shown as investments by the assessee, and not as stock in trade - This is an important (though not conclusive) factor - The frequency of transactions .....

  • 2014 (4) TMI 680 - DELHI HIGH COURT

    CIT Versus Modi Entertainment Ltd.

    Income Tax - Disallowance u/s 36(1)(iii) of the Act – Interest free advances - Whether the Tribunal fell into error in setting aside the disallowance u/s 36(1)(iii) of the Act - Held that:- The Tribunal was of the view that the advancing of interest-free monies t.....

  • 2014 (4) TMI 679 - DELHI HIGH COURT

    Commissioner of Income Tax Delhi-II Versus Kalindi Rail Nirman Engg. Ltd.

    Income Tax - Cancellation of penalty u/s 271(1)(c) of the Act – Concealment of income – Acceptance of profits @ 11% - Projects on turn-key basis taken by the assessee contractor – Held that:- The decision in MAK Data P. Ltd. Versus Commissioner of Income Tax-II .....

  • 2014 (4) TMI 678 - CHHATTISGARH HIGH COURT

    The Commissioner of Income Tax, Jabalpur Versus M/s. Itarsi Oil and Flour Mills, Raipur

    Income Tax - Interpretation of section 80HHC(3) of the Act - Scope of the Business of assessee - Whether the word 'business' u/s 80HHC(3) of the Act means all businesses of an assessee or only that business, which is partly or fully doing export business – Held t.....

  • 2014 (4) TMI 677 - GUJARAT HIGH COURT

    Rajmoti Industries Versus Assistant Commissioner of Income Tax

    Income Tax - Disallowance u/s 40A(3)(a) of the Act – Payment made otherwise than by account payee cheque - endorsement of crossed cheques - Held that:- It is indisputable that the term “an account payee cheque” is well understood and signifies cheque which carrie.....

  • 2014 (4) TMI 676 - GUJARAT HIGH COURT

    Commissioner of Income Tax Versus M/s. Atul Intermediates

    Income Tax - Interpretation of section 80IA(9) of the Act – Claim of deduction u/s 80HHC of the Act - Whether the Tribunal is right in holding that the assessee can claim deduction both u/s 80HHC as also u/s 80IA despite the provisions of section 80IA(9) – Held t.....

  • 2014 (4) TMI 675 - KERALA HIGH COURT

    M/s. Ilahia Trust Versus The Deputy Director of Income Tax, (Exemption)

    Income Tax - Maintainability of petition - Correctness and sustainability of order – Denial of exemption – Alternate remedy available – Held that:- The assessee is having an effective alternative remedy by way of appeal before the appellate authority and in the t.....

  • 2014 (4) TMI 674 - KERALA HIGH COURT

    M/s. Kerala State Beverages (M&M) Corporation Ltd. Versus Assistant Commissioner of Income Tax

    Income Tax - Waiver of Pre-deposits - Liability to deduct surcharge and turnover tax from the income u/s 37 of the Act - Computation of income tax – Held that:- The matter is required to be considered and decided by the competent authority, before whom the statut.....

  • 2014 (4) TMI 673 - GUJARAT HIGH COURT

    Commissioner of Income Tax-I Versus Diptiben D. Patel

    Income Tax - Genuineness of the will – Burden to prove – Deletion of unexplained jewelry – Unexplained income – Held that:- All the facts cumulatively led both the authorities to concurrently hold that the Will was not questionable - Both have rightly held that i.....

  • 2014 (4) TMI 672 - ITAT MUMBAI

    Sulakshana Securities Ltd. Versus Income Tax Officer

    Income Tax - Nature of Income received – income from house property or income from other sources - Air-conditioning and other charges - Disallowance of property maintenance expenses – Held that:- Following SULAKSHANA SECURITIES LTD Versus INCOME TAX OFFICER [2014.....

  • 2014 (4) TMI 671 - ITAT MUMBAI

    M/s. Shree Sai Construction Versus Dy. Commissioner of Income Tax

    Income Tax - Confirmation of penalty u/s 271(1)(c) of the Act – Additions made u/s 68 of the Act – Held that:- The findings given in the assessment proceedings are quite relevant and have probative value but such a finding alone may not justify the levy of penalt.....

  • 2014 (4) TMI 670 - ITAT MUMBAI

    M/s. Kalpataru Computer Services Pvt. Ltd. Versus DCIT 9(2), Mumbai

    Income Tax - Typographical error – Error committed at the time of filing e-return – Non-exercise of power u/s 154 of the Act - Held that:- Due to some clerical error the decimal separator was not put in the total income declared by the assessee and as such the to.....

  • 2014 (4) TMI 669 - ITAT MUMBAI

    Hetal Pinak Dedhia Versus The Income Tax Officer

    Income Tax - Addition made u/s 68 of the Act – Deposits in the bank account – Opportunity to file submissions not provided - Held that:- The FAA has proceeded to decide the issues after considering the submissions made by the assessee - It is not known as to whet.....

  • 2014 (4) TMI 668 - ITAT MUMBAI

    The ITO 10(1) -4, Mumbai Versus M/s. Vidyavikas Educaids Pvt. Ltd.

    Income Tax - Addition of commission - Deletion of compensation charges – Held that:- CIT(A) was of the view that the expenditure of commission payment was incurred by the assessee wholly and exclusively for the purpose of its business and therefore was allowable .....

  • 2014 (4) TMI 667 - ITAT MUMBAI

    Hidelberg Cement India Ld. (Formerly known as Indorama Cement Ltd.) Versus The Addl. Commr. of Income Tax

    Income Tax - Fee treated as capital expenses - Disallowance of Non-compete fee – Fee paid to Executive Director – Held that:- The payee is precluded from making a claim, for the reason that the intellectual property is developed etc. during the course of his empl.....

  • 2014 (4) TMI 666 - ITAT MUMBAI

    Sentinel Electric Co. Versus The Addl. Commr. of Income Tax, Mumbai

    Income Tax - Disallowance of interest expenses – Addition of estimated interest - Outstanding bank balance – Held that:- The excess balance shall automatically be transferred to a Fixed Deposit account, which will earn interest for the assessee - the assessee has.....

  • 2014 (4) TMI 665 - ITAT MUMBAI

    The ACIT, Cir. 4(2), Mumbai Versus M/s. Visaria Securities Pvt. Ltd.

    Income Tax - Depreciation on BSE card – Held that:- The decision in Sino Securities P. Ltd. Versus Income-tax Officer [2011 (11) TMI 535 - ITAT MUMBAI] and Sunidhi Consultancy Services Ltd. Versus Deputy Commissioner of Income-tax 4(2), Mumbai [2012 (4) TMI 392 -.....

  • 2014 (4) TMI 664 - ITAT MUMBAI

    M/s. Finex Distribution Pvt. Ltd. Versus The ITO 9(1) -4, Mumbai

    Income Tax - Addition u/s 68 of the Act – Unexplained cash credit – Held that:- CIT(A) rightly held that the assessee has shown an amount of Rs. 37,06,000/- in cash - there was cash payment of Rs. 15,57,000 - CIT(A) was convinced that the assessee has failed to d.....

  • 2014 (4) TMI 663 - ITAT MUMBAI

    M/s. Ultra Tech Cement Ltd. Versus The Addl CIT, Range 2(2), Mumbai

    Income Tax - Allowability of deduction u/s. 80IA of the Act - Captive power generating DG sets – Rail systems - Nature of benefit – Capital OR not - Sales tax exemption benefit - Held that:- As decided in assessee’s own case for the previous assessment years, it .....

  • 2014 (4) TMI 662 - ITAT MUMBAI

    M/s. JM Financial Services Private Limited Versus Addl. Commissioner of Income Tax

    Income Tax - Disallowance of claim for depreciation on BSE and NSE Membership Card – Held that:- The decision in JM FINANCIAL SERVICES PVT LTD Versus ADDL COMMISSIONER OF INCOME TAX. MUMBAI [2013 (8) TMI 821 - ITAT MUMBAI] followed - the right of membership (incl.....

  • 2014 (4) TMI 661 - ITAT MUMBAI

    Harish Z. Bhuptani Versus The Income Tax Officer (IT), Mumbai

    Income Tax - Penalty u/s 271(1)(c) of the Act – Deduction claim for fee paid to portfolio manager - No satisfactory explanation provided – Held that:- The assessee has furnished an explanation to the effect that he had claimed the deduction of Portfolio Managemen.....

  • 2014 (4) TMI 660 - ITAT AHMEDABAD

    DCIT, Circle-1, Bhavnagar Versus Appollo Vikas Steel Pvt. Ltd.

    Income Tax - Restriction of disallowance of interest expenses u/s 14A of the Act – Held that:- CIT(A) has given relief to the assessee in view of the undisputed fact that assessee was having interest free funds against the investment in shares - there was no find.....

  • 2014 (4) TMI 659 - ITAT DELHI

    BMK LABORATORIES PVT LTD. Versus DEPUTY COMMISSIONER OF INCOME TAX 10(3), MUMBAI

    Income Tax - Allowability of gross loss incurred in financing activity – Held that:- The activity of borrowing and lending is not representing the assessee’s business, being in fact barred from being so - rather than the activity being income driven (which would .....

  • 2014 (4) TMI 658 - CESTAT KOLKATA

    M/s. SESA GOA LTD. Versus COMMISSIONER OF CENTRAL EXCISE, CUSTOMS & SERVICE TAX, BHUBANESWAR-I

    Customs - Exclusion from assessable value u/s 14 of the Customs Act - Consideration of FOB price as cum-duty price as it includes the export duty - Held that:- It is not in dispute that the time and place of export referred to u/s 14 are, respectively, the tim.....

  • 2014 (4) TMI 657 - CESTAT NEW DELHI

    CCE, Allahabad Versus M/s. Hi- Tech Medical Products Ltd.

    Customs - Exemption of Duty - Export of goods not permitted by LOP - NEPZ, Noida – Duty on manufacture and export of syringes - Whether the case was covered under Rule 8 of the Customs (Import of Goods at concessional rate of duty for manufacturing of excisab.....

  • 2014 (4) TMI 656 - CESTAT CHENNAI

    Trans Global Logistics Versus Commissioner of Customs(Seaport-Import), Chennai

    Customs - CHA - One of their employees, who was issued a photo ID Card in Form- H as per Regulation 19 (6) of Custom House Agents Licensing Regulations, 2004, was found to be not possessing the minimum educational qualification as prescribed under Regulation 1.....

  • 2014 (4) TMI 655 - BOMBAY HIGH COURT

    Tata Motors Ltd. Versus Sundeep Polymers (P) Ltd.

    Corporate Laws - Winding up petition - Violation of contract - Non payment of dues - Respondents claim that statutory notice was not sent to the registered office address of the company - Held that:- Appellant filed a further affidavit dated 18th February 2014. In pa.....

  • 2014 (4) TMI 654 - CESTAT NEW DELHI

    M/s. Ultimate Flexipack Ltd. Versus CCE, J&K, Jammu

    Central Excise - Refund of duty paid on removal of goods after including transportation charges (FOR) - area based exemption - notification no.56/2002-CE - Held that:- The invoices issued by the appellant mention only one consolidated FOR price and also mention that .....

  • 2014 (4) TMI 653 - CESTAT NEW DELHI

    M/s Radha Madhav Industries Pvt. Ltd. and Shri RK. Agrawal, Director Versus CCE, Raipur

    Central Excise - Duty demand - Estimation of unaccounted production of sponge iron - Receipt of unaccounted iron ore - The transportation of iron ore up to the Uslapur by Railways was under the documents called Railway Receipts (RRs) issued by the Railways - Held th.....

  • 2014 (4) TMI 652 - CESTAT NEW DELHI

    M/s. Ambeecee Consolidated Enterprises India P Ltd Versus Commissioner of Central Excise Delhi I

    Central Excise - Duty demand - Clandestine removal of goods - Documents recovered and seized from the residential premises - Held that:- Inasmuch the alleged clandestinely manufactured and cleared ingots were converted into flats by M/s. D P Processors and the findin.....

  • 2014 (4) TMI 651 - CESTAT BANGALORE

    HINDUSTAN PETROLEUM CORPORATION LTD Versus Commissioner of Customs, Central Excise and Service Tax - HYDERABAD-IV

    Central Excise - Duty demand - Penalty - quantity shown in the Out-Turn Statement(OTS) on the basis of which the duty has been paid is less than the quantity as per the invoices - Held that:- The differential duty demand had arisen because the investigating officer a.....

  • 2014 (4) TMI 650 - CESTAT NEW DELHI

    CCE. Indore Versus M/s. Grasim Industries Ltd.

    Central Excise - Valuation of goods - Inclusion of testing charges - whether the testing charges for the customer s tonners which according to the Respondent are optioned, are part of the transaction value of the goods - Held that:- During the period w.e.f. 01.07.200.....

  • 2014 (4) TMI 649 - CESTAT NEW DELHI

    Mangal Sponge & Steel Pvt. Ltd. Versus CCE, Raipur

    Central Excise - Duty demand - Held that:- prima facie iron ore in question was transported to the appellants factory. Inasmuch as there is no entry in the statutory records, it leads to the reasonable conclusion that the same has been utilized in the factory for ma.....

  • 2014 (4) TMI 648 - CESTAT NEW DELHI

    M/s NSP Forging Pvt. Ltd. Versus CCE, Delhi-IV

    Central Excise - Waiver of pre deposit - Denial of CENVAT Credit - Invocation of extended period of limitation - Held that:- We really fail to understand the late issuance of the show cause notice, by invoking the extended period based upon the same set of investigat.....

  • 2014 (4) TMI 647 - CESTAT NEW DELHI

    Balajee Structural India (P) Ltd. Versus CCE, Raipur

    Central Excise - Cenvat Credit - Denial of benefit of transportation charges - Revenue contends that service tax credit in respect of such GTA service is not available as sales were not on FOR basis - Held that:- definition of input service was amended with effect fr.....

  • 2014 (4) TMI 646 - CESTAT NEW DELHI

    CONTROL & SWITCHGEAR ELECTRIC LTD. Versus COMMISSIONER OF C. EX., NOIDA

    Central Excise - Reversal of CENVAT Credit - Whether, a manufacturer of final product, who procured inputs and availed MODVAT credit thereon, was entitled to remove the inputs as such, without reversal of the credit or payment of equivalent amount of duty, to a 100% .....

  • 2014 (4) TMI 645 - CESTAT MUMBAI

    M/s PCP CHEMICALS PVT LTD Versus COMMISSIONER OF CENTRAL EXCISE, MUMBAI-III

    Central Excise - Denial of CENVAT Credit - Depreciation on the CENVAT credit of duty paid on capital goods - Held that:- Commissioner (Appeals) has discussed in the impugned order that the appellant has filed returns for the year 2008-09 and 2009-10 but they have not.....

  • 2014 (4) TMI 644 - CESTAT MUMBAI

    M/s HINDUSTAN ZINC LTD Versus COMMISSIONER OF CENTRAL EXCISE, JAIPUR

    Central Excise - Duty demand - CENVAT Credit - Credit reversed before issuance of SCN - Whether the service availed for transportation of the staff from the residence to the factory and back can be treated as covered by the definition of 'input service', as given in .....

 
 

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

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

- Swami Vivekananda, CW, 5:137
 
 
 
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