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Recent Case Laws - Income Tax Cases

  • 2014 (7) TMI 965 - ALLAHABAD HIGH COURT

    The Commissioner of Income Tax Versus M/s. ECC. Project Pvt. Ltd.

    Income Tax - Cancellation of penalty u/s 271B – No assessment proceedings pending –Failure to record satisfaction by AO - Held that:- The satisfaction as to the assessee having concealed the particulars of his income or furnished inaccurate particulars of such income is to be arrived at by the AO during the course of any proceedings under the Act, which would mean the assessment proceedings, without which, the jurisdiction to initiate the penalty proceedings is not conferred on the assessing authority by ref.....

  • 2014 (7) TMI 964 - BOMBAY HIGH COURT

    Commissioner of Income Tax-4 Versus M/s. Harit Exports Ltd.

    Income Tax - Nature of transaction – STCG in investment and not trading – Held that:- The assessee has held 4 scrips for a period of more than 6 months during the year and 5 scrips have been held for 3 to 5 months, while the remaining have been sold within a period of 30 days – assessee had no intent of holding on to the shares - the Tribunal has failed to note is that mere treating the transaction separately in the books of account would not assist the assessee - If the Tribunal does not hold that the concu.....

  • 2014 (7) TMI 963 - ITAT LUCKNOW

    M/s. Alliance Nirmaan Limited Versus Addl. CIT., 253, Bareilly

    Income Tax - Application of section 145(3) – Correctness and completeness of accounts – Held that:- CIT(A) rightly was of the view that as per the observation of the AO in the assessment order, it is noted that no specific defect was detected by the AO in the books and there the assessee was maintaining books of account - the AO was satisfied about the correctness and completeness of books and method of accounting regularly employed by the assessee - The provisions of section 145(3) could be invoked if the A.....

  • 2014 (7) TMI 962 - ITAT KOLKATA

    ITO, Ward-8(3), Kolkata Versus Purbanchal Power Co. Ltd.

    Income Tax - Creditworthiness of amalgamating companies - Investment in shares of amalgamating companies – Held that:- From the above provisions of section 394A of the Companies Act, 1956, it is clear the If the revenue wants to object to the proposed scheme of amalgamation, it has to do so in the course of proceedings before the High Court but before the final order is passed - Whenever such objections have been raised, these have been considered on merits by the concerned High Court and also incorporated t.....

  • 2014 (7) TMI 961 - ITAT KOLKATA

    Income-tax Officer Versus Shri Uma Shankar Goenka

    Income Tax - Business income treated as STCG and LTCG – Share transactions – Held that:- The assessee is maintaining two separate port folios, one in respect of trading and other in respect of investments - the assessee has paid STT but in respect to short term capital gain STT was not paid - investment in shares and mutual funds is out of assessee's own capital - The assessee is maintaining separate port folios for investment in shares and trading in shares - Following the decision in CIT Vs. Gopal Purohit .....

  • 2014 (7) TMI 960 - ITAT LUCKNOW

    M/s. Model Exims Versus Dy. CIT. -1, Jajmau, Kanpur

    Income Tax - Validity of reopening of assessment u/s 147 - Reason to believe – Held that:- The assessee relied upon various judgments, but, none of the judgments cited is rendering any help to the assessee - the issue on merit is admittedly covered against the assessee and thus it goes to show that the belief formed by the AO ssessing Officer regarding escapement of income is real and on the basis of tangible material –there was no reason to interfere in the order of CIT(A) – Decided against Assessee. Ded.....

  • 2014 (7) TMI 959 - ITAT KOLKATA

    ACIT., Circle-35, Kolkata Versus M/s. Magnum Export, Kolkata

    Income Tax - Reopening of assessment u/s 147 – Power to review by AO – Held that:- The AO reached the belief that there was escapement of income, on the basis of return filed by the assessee, after he accepted the return under section 143(1) without scrutiny, and nothing more - This was nothing but a review of the earlier proceedings and an abuse of power by the AO - There was nothing in the reasons recorded to show that any tangible material had come into the possession of the AO subsequent to the issue of .....

  • 2014 (7) TMI 958 - ITAT HYDERABAD

    M/s. Handum Industries Ltd. Versus ACIT, Circle 8(1), Hyderabad

    Income Tax - Penalty u/s 271(1)(c) – Claim of interest – Inaccurate particulars furnished – Held that:- Interest amounts disallowed relate to borrowals from the bank towards working capital requirements of the assessee - assessee has explained the various difficulties that it had to encounter on account of the fact of hostile relationship between the assessee company and the banker, which prevented it from complying with the requirement of the AO - Following the decision in Income Tax Officer Versus M/s. Hem.....

  • 2014 (7) TMI 957 - ITAT MUMBAI

    ITO-24(1) (3), Mumbai Versus Bharat Omprakash Thanvi

    Income Tax - Commission expenses – Onus to prove - Held that:- The onus to establish the expenditure as incurred for the purposes of business/profession is squarely on the assessee – Relying upon Lachminarayan Madan Lal vs. CIT [1972 (9) TMI 4 - SUPREME Court] - CIT(A)’s decision is based on incomplete enquiry by the AO u/s.133, has misled himself - It is only after the assessee has discharged the initial onus on him to establish the nature of the expenditure and its nexus with the assessee’s trade, that the.....

  • 2014 (7) TMI 956 - ITAT MUMBAI

    M/s. Cascade Holdings Pvt. Ltd. Versus ACIT, CC-31, Mumbai

    Income Tax - Interest expenses – Computation of book profits u/s 115JB - Held that:- Whether the interest liabilities constitutes ascertained one or not is also linked to the issue of rejection of books of accounts as the books of account is the basis for computation of book profits u/s 115JA of the Act - following the decision in M/s. Cascade Holdings Pvt. Ltd. Versus DCIT-CC-31, Mumbai [2014 (7) TMI 896 - ITAT MUMBAI] - the issue is to be remitted back to the CIT (A) for fresh adjudication – Decided in fav.....

  • 2014 (7) TMI 955 - ITAT MUMBAI

    Shri DK. Patel & Company Versus ITO-22(1) (1), Mumbai

    Income Tax - Repair expenses disallowed – Amount paid to society as compensation – Held that:- Assessee has not claimed the expenditure during the AY under consideration and the mere fact that the payment has been made during the AY under consideration cannot be the basis for disallowing the same - the AO is directed to delete the expenditure already allowed in the earlier AY and further verify the quantum of expenditure incurred during the year - the AO is directed to decide in accordance with law, the allo.....

  • 2014 (7) TMI 954 - ITAT MUMBAI

    Sunil T. Doshi M/s. Natvarlal Vepari & Co. Versus Addl. CIT, Range 24(2), Mumbai

    Income Tax - Unexplained expenditures - additions u/s 69C - unproved liabilities – books maintained on mercantile basis - Admission of additional ground – Addition made on cash found at premises – Held that:- It has nowhere explained the basis of the payment in such an odd sum, much below the amount that was required to be paid as per the agreement itself - the assessee could rightly claim the expenditure qua payment for the current year, there is no basis for booking expenditure on the basis of accrual, and.....

  • 2014 (7) TMI 953 - ITAT MUMBAI

    Patel Plastics Corporation Versus ACIT –Central Circle-24, Mumbai

    Income Tax - Reopening of assessment u/s 148 – Addition of STCG made – Power of review - Held that:- The legislature has not conferred power on the AO to review its own order - the power u/s 147 cannot be used to review the order when nothing new had happened and no new material or information has come on record or received by the AO between the date of assessment order sought to be re-opened and the date of formation of opinion - following the decision in CIT v. Kelvinator of India Ltd. [2002 (4) TMI 37 - D.....

  • 2014 (7) TMI 952 - ITAT DELHI

    Mr. Harmail Singh Versus Income Tax Officer

    Income Tax - Penalty u/s 271(1)(c) – Held that:- Assessee rightly contended that if an assessee offers an explanation, which is not found to be false, he can save himself - from penalty even if he were not able to substantiate his case as long as the explanation of the assessee is bonafide and as long as he places all the relevant facts material to computation of his total income irrespective of the fact that the same explanation was not accepted for the purpose of assessment –Relying upon ACIT vs. Malhotra .....

  • 2014 (7) TMI 951 - ITAT DELHI

    Toshiba India Pvt. Ltd. Versus DCIT, Circle-16(1), New Delhi.

    Income Tax - Admission of additional ground - Provision for Warranty – Held that:- The Tribunal has the jurisdiction to examine a question of law which arises from the facts as found by the authorities below and having a bearing on tax liability of the assessee notwithstanding the fact that it was not raised before the CIT(A) - Following the decision in M/s. Rotork Controls India (P) Ltd. Versus Commissioner of Income Tax, Chennai [2009 (5) TMI 16 - SUPREME COURT OF INDIA] - as the assessee did not make clai.....

  • 2014 (7) TMI 950 - ITAT MUMBAI

    Dr. Bharti L. Chandan Prasad Nursing Home Versus ITO-11(2) (2), Mumbai

    Income Tax - Penalty u/s 271(1)(c) - Interest expenses disallowed u/s 14A – Concealment and suppression of income - Held that:- CIT(A) found that both the Explanation 1(A) and Explanation 1(B) to section 271(1)(c) stood attracted in the case - there was no nexus between the interest paid and her professional income, the assessee's claim was a deliberate attempt to suppress her professional income, and her case was without any explanation, attracting Explanation 1(A). In-as-much as the assessee had been unab.....

  • 2014 (7) TMI 949 - ITAT CHENNAI

    M/s. Chroma Print Versus The Assistant Commissioner of Income Tax

    Income Tax - Reopening of assessment u/s 147 – Expenses on purchase of software – Principle of consistency - Held that:- CIT (A) has simply affirmed the reassessment order without deciding the issue in its right perspective by only saying that objection of the assessee was raised before the AO which is not valid in law and has not considered the issue properly - Following the decision in M/s. Chroma Print, C/o. Shri TN. Seetharaman, Advocate Versus The Assistant Commissioner of Income Tax, Circle-II [2012 (8.....

  • 2014 (7) TMI 948 - ITAT DELHI

    Sumitomo Corporation India Pvt. Ltd. Versus Addl. CIT, Range-9, New Delhi

    Income Tax - Transfer pricing adjustment – Indenting transactions - Held that:- The ‘Indenting transactions’ are different from ‘Trading transactions’ in terms of functional differences, risks undertaken and assets employed, and hence both cannot be considered as uniform - Following the decision in Sumitomo Corporation India P. Ltd. Versus Deputy Commissioner of Income-tax [2013 (12) TMI 594 - ITAT DELHI] - commission earned by the assessee from its AEs under the ‘Indenting segment’ was required to be benchm.....

  • 2014 (7) TMI 947 - ITAT AHMEDABAD

    SHRI RUSTOM SORAB MEDORA Versus INCOME TAX OFFICER

    Income Tax - Penalty u/s 271(1)(c) – Inaccurate particulars furnished – Held that:- The assessee has offered gain arising out of bonus shares as capital gain and paid tax on the same, assessee rightly contended that he has waited for more time to transfer the bonus shares there would have been a long term capital gain which was exempt at that point of time - there was no reason for the assessee to evade tax - the authorities below were not justified in imposing the penalty - the penalty notice was issued by .....

  • 2014 (7) TMI 946 - ITAT HYDERABAD

    M/s. Billigiri Agro Farms (P) Ltd. Versus DCIT, CC. 9 Hyderabad

    Income Tax - Jurisdiction of CIT u/s 263 - revision of order - principle of merger - Levy of interest – Held that:- Assessee has advanced funds to the said Satyam Computers Services Ltd. - assessee has not advanced the funds on interest basis and subsequently, it filed recovery of principal amount with interest at 18% by filing a suit in City Civil Court, Hyderabad - the amount of interest can be brought to tax in the year in which the City Civil Court considered and decided the liability to repay the amount.....

Recent Case Laws - Wealth tax Cases

  • 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.....

  • 2013 (11) TMI 656 - MADRAS HIGH COURT

    Commissioner of Income Tax-III Versus M/s. Express Newspapers Ltd

    Wealth tax - Whether assessee is not assessable to Wealth Tax - Is assessee is a company in which the public is substantially interested - Assessee is a subsidiary of M/s.Ace Investments Private Limited, which held 100% shares in the assessee company. The shareholders of the company were members of Goenka Family – Held that:- 49% of the shares in Ace Investments were transferred to Bhagwan Das Goenka Educational Institution as early as on 19.03.1984 - Status of the Bhagwan Das Goenka Educational Institution,.....

Recent Case Laws - Service Tax Cases

  • 2014 (7) TMI 981 - CESTAT AHMEDABAD

    M/s THE FREIGHT CENTER Versus COMMISSIONER OF SERVICE TAX

    Service Tax - Transport of goods from one airport to another - benefit of Notification No.29/2005-St - transport of export cargo from the airport to airport - Held that:- notification talks about providing of the services in relation to transportation of goods while in the case in hand the issue regarding transportation of goods between two air ports and rendered to another agency i.e. FedEx or as the case may be. Since the issue requires deeper consideration and needs to be appreciated from various document.....

  • 2014 (7) TMI 980 - CESTAT BANGALORE

    AGENCIA COMERCIAL MARITIMA LOGISTICS PVT LTD Versus COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX

    Service Tax - Cargo Handling Service - Service in respect of amounts collected for Barge operations, collection of Ocean Freight, Air Freight, Transportation charges etc. - Non consideration of submissions of assessee - Held that:- Commissioner has left the analytical work to analyse the case of the department, the ground taken in the show-cause notice, reply submitted by the assessee and basis for the conclusion, to the Tribunal - request made by the learned counsel that the matter be remanded at this stage .....

  • 2014 (7) TMI 979 - CESTAT BANGALORE

    Dr. Reddy's Laboratories Ltd. Versus Commissioner of Central Excise, Customs and Service Tax Hyderabad-III

    Service Tax - Stay application - Waiver of pre deposit - Held that:- Appellant requested for keeping matter pending till similar petition gets decided - There is no logic for such request - appellant directed for 50% amount as pre deposit - Conditional stay granted......

  • 2014 (7) TMI 978 - CESTAT BANGALORE

    COUNTRY CLUB (INDIA) LTD. Versus Commissioner of Central Excise, Customs and Service Tax HYDERABAD-II

    Service Tax - Club or association service - Whether the amount recovered from the members who opt for membership (with land) towards cost of land and handed over to M/s. Amrutha Estates (according to appellants) has to be levied to service tax under ‘club or association service’ or not - Held that:- If the actual amount reflected in the sale deed is less than what is shown as transferred to the sister company by the appellant, as submitted by the learned AR, it would amount to collection of membership fee in .....

  • 2014 (7) TMI 977 - CESTAT BANGALORE

    Agricultural Produce Market Committee Versus Commissioner of Service Tax Bangalore-service Tax

    Service Tax - Waiver of penalty u/s 80 - penalty u/s 77 - penalty under Section 76 & 78 were waived already - Assessee already paid tax but amount was not appropriated - Held that:- merely because the Commissioner did not appropriate the amount, it cannot be said that the amount has not been realized by the Government or has not gone into consolidated fund of Government of India - if an assessee is able to show that he has paid the amount into Government treasury and produces copies of the challans and in the.....

  • 2014 (7) TMI 976 - CESTAT NEW DELHI

    TRIVENI STRUCTURALS LTD Versus COMMISSIONER OF CENTRAL EXCISE

    Service Tax - Validity of revision order - Violation of provision of Section 84 (4) - Held that:- If an issue is pending in appeal, the revisional jurisdiction under Section 84 could not be exercised. Since the appellant had preferred an appeal against the entirety of the adjudication order dated 22.2.2007 which included imposition of penalties thereunder as well and the issue regarding validity of imposition of penalty was equally the subject matter of appellate proceedings pending before the appellate Commi.....

  • 2014 (7) TMI 975 - CESTAT NEW DELHI

    Sh. Purshottam Lal Versus CCE, Jallandhar

    Service Tax - Cargo handling service - providing manpower services - Assessee contends that lifting, stacking and loading of sugar bags’ were done by the persons who were on the pay roll of the Appellant - Held that:- essentially the present demand is for services use for transporting goods within the factory and also for manpower supplied for manual assistance at various points of loading system using conveyer system though there may be a small part of the service which may be in the nature of manual loading.....

  • 2014 (7) TMI 974 - CESTAT MUMBAI

    M/s YM KRISHNA SSK LTD Versus CCE

    Service Tax - Intellectual property rights for allowed user of its brand name - manufacture of ‘country liquor; from spirit on job work basis - Held that:- on appreciation of the clauses of agreement with the evidence on record, it is evident that no ‘Intellectual Property Service' have been given by the appellant. The arrangement/agreement between the appellant and M/s Talreja Trade are for ensuring maximum production and sale of C.L. so as to maximize profits for both the parties. The minimum guarantee of p.....

  • 2014 (7) TMI 973 - CESTAT NEW DELHI

    AIR INDIA LTD. Versus COMMISSIONER OF CENTRAL EXCISE, NEW DELHI

    Service Tax - Waiver of pre deposit - Business Auxiliary Service - realization of money due - book adjustment by the client would amount to receipt of consideration or not - there was opening dues from AASL to IAL amounting to ₹ 134.53 crores. By Mar 2007 this amount increased to ₹ 306.75 crores. This is the reason why the appellant is contesting that they have not realised the monies due from AASL - Held that:- explanation in section 67 of Finance Act, 1994 defining value of taxable services ins.....

  • 2014 (7) TMI 972 - CESTAT AHMEDABAD

    Port Officer, Gujarat Maritime Board, Jafrabad Versus Commissioner of Central Excise and Service Tax, Bhavnagar

    Service Tax - Port service - wharfage charges - under-valuation - receipt of additional consideration - Non inclusion of amount which was to be granted as rebate to M/s. UCL for discharge of service tax liability and the amount received by them as lease rent for waterfront charges and lee way facility given to M/s. UCL - Invocation of extended period of limitation - Penalty u/s 76, 77 & 78 - Held that:- Neither of the two conditions for being a port service is being fulfilled. Except for the ownership of the .....

Recent Case Laws - Central Excise Cases

  • 2014 (7) TMI 985 - CESTAT AHMEDABAD

    M/s Parksons Cartamundi Pvt. Ltd. and M/s Parksons Graphics Pvt. Ltd. Versus CCE Daman

    Central Excise - Benefit of Exemption notification to the product Playing Cards - Notification No.02/2011-CE - Rate of duty 5% (now 6%) - playing cards are Sports goods or not - Held that:- The plain interpretation of said notification would indicate that the appellant is eligible to avail the said benefit of notification if his product falls under Chapter 95. In the case in hand, there is no dispute that the appellant’s product Playing Cards is classifiable under Chapter 95 and more specifically under Chapter s.....

  • 2014 (7) TMI 984 - CESTAT CHENNAI

    CCE, Salem Versus M/s. KPR. Mills Pvt. Ltd.

    Central Excise - Reversal of cenvat credit - capital goods cleared as such to their sister unit - duty paid on the transaction value, which is less than the depreciated value - scope of the term 'as such' - Held that:- there is merit in the Revenue’s appeal and the respondents are liable to pay the differential duty as confirmed by the adjudicating authority on the depreciated value of the used capital goods cleared as such to their sister unit. Levy of penalty - held that:- Revenue has not put forth any va.....

  • 2014 (7) TMI 983 - CESTAT AHMEDABAD

    M/s Alembic Ltd. and M/s Nirayu(P) Ltd. Versus CCE Vadodara-II

    Central Excise - Demand of interest - whether appellants herein are required to be saddled with the interest under the provisions of un-amended Section 11AB before 11.05.2001 of the erstwhile Central Excise Act, 1944. - Held that:- the demands which are arising for the clearances prior to 11.5.2001, the interest under section 11AB shall be payable w.e.f. 11.05.2001 if the payments have been made on or after 11.5.2001 and for the clearances effected from 11.05.2001 the interest under section 11AB shall be paid f.....

  • 2014 (7) TMI 982 - CESTAT AHMEDABAD

    M/s MEGAFINE PHARMA PVT LTD Versus COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX

    Central Excise - Suppression of facts - extended period of limitation - Cenvat Credit - capital goods - goods falling under chapter 84 - doors, false ceiling, compactor for document keeping, sheets for roofing, flooring for finished goods storage area, tube light fittings, etc. - The issue of admissibility of Cenvat Credit on certain items and support structures was the subject matter of litigations between the manufacturers and the department. Conflicting views were being expressed by various courts as claimed .....

  • 2014 (7) TMI 945 - ANDHRA PRADESH HIGH COURT

    Commissioner of Central Excise and Customs Versus M/s. Vera Laboratories Ltd.

    Central Excise - Cenvat Credit - Whether the Modvat Credit can be taken on the inputs, which were not suffered duty? - import of goods - allegation that CHA has committed fraud upon revenue - department argues that there is no credit of the customs duty - Held that:- The order in original does not indicate that the subject demand drafts have been credited to any other partys account. It is not in dispute that the amounts were credited to the Consolidated Fund of Union of India, in which event, it is not permis.....

  • 2014 (7) TMI 944 - BOMBAY HIGH COURT

    M/s. IG. Petrochemicals Limited Versus The Commissioner of Central Excise, Belapur

    Central Excise - Waiver of pre-deposit - waste steam constitutes an input - generation of electricity - captive consumption as well as sale to outside parties - exemption notification No.4/97 - Held that:- Since the Tribunal has not had the benefit of considering the ambit and application of the aforesaid notifications, we consider it appropriate in the interest of justice to set aside the impugned order of the Tribunal and to restore the proceedings before the Tribunal for reconsideration of the application for.....

  • 2014 (7) TMI 943 - CESTAT AHMEDABAD

    M/s. Senor Metals P. Ltd. Versus CCE. & ST. - Rajkot

    Central Excise - Job Work - SSI units - intermediate goods which come into existence in their factory premises which are not ‘specified goods’ - exemption under notification no.83/1994-CE and notification no.8/2003-CE - extended period of limitation - Held that:- The argument taken by the appellant that for any duty liability on the intermediate goods, that come into the existence in appellant's factory, lies with the raw material supplier is not correct because as per the wording of the undertakings only duty l.....

  • 2014 (7) TMI 927 - BOMBAY HIGH COURT

    Asian Paints Ltd. Versus Commissioner of Central Excise And Service Tax

    Central Excise - Waiver of pre-deposit - Tribunal came to the conclusion that there was no evidence to prove the nexus of services with manufacturing activities of the Appellant/ Assessee. - Held that:- Tribunal has given some conclusive opinion on merits of the Appeal that we are of the opinion that once there was an arguable case, then, the rights and equities could have been balanced. The approach which preserves the right of appeal, so also, protects the interest of the Revenue could have been adopted. A.....

  • 2014 (7) TMI 926 - GUJARAT HIGH COURT

    Commissioner Versus Maruti Fabrics

    Central Excise - Clandestine clearance - onus to prove - tribunal concluded that revenue has failed to establish the clandestine clearance of the goods by the assessee - respondent, inspite of it being admitted in its Settlement Application - application before settlement commission failed - Held that:- If the contention on behalf of the appellant is accepted, in that case, there is no question of further adjudication by the Central Excise Officer with respect to the amount admitted by the assessee while submitt.....

  • 2014 (7) TMI 925 - BOMBAY HIGH COURT

    M/s. Hemnil Metal Processors Pvt. Ltd. Versus The Commissioner of Central Excise & Service Tax

    Central Excise - Waiver of pre-deposit - tribunal to consider prima-facie case or to study the matter in detail for considering the case in a stay application and reach the conclusion when the matter is pending before Commissioner (Appeals) - Held that:- Tribunal should not have gone into the entire details or the merits of the controversy in such particulars as possibly highlighted. Even if, the Tribunal has rendered a conclusion on the merits that we do not find to have been adequately clarified. The only subm.....

Recent Case Laws - Customs Cases

  • 2014 (7) TMI 967 - CESTAT MUMBAI

    COMMISSIONER OF CENTRAL EXCISE Versus THAKKAR SHIPPING AGENCY

    Customs - Proceeding against the CHA - maintainability of revenue - revenue appeal - allegation of involvement in evasion of Customs duty on the import of electrical and electronic goods of foreign origin - Held that:- CHALR, 1984 did not provide for filing of an appeal by the department against an order passed by the Commissioner under the said Regulations. Only a CHA aggrieved by any decision or order could appeal to the Tribunal in terms of sub-regulation (8) of Regulation 23. Section 129D under which.....

  • 2014 (7) TMI 966 - CESTAT AHMEDABAD

    M/s SHREEJI OVERSEAS (INDIA) PVT LTD Versus COMMISSIONER OF CUSTOMS

    Customs - Warehoused goods - deterioration/damage to the cargo - Abatement of duty on damaged or deteriorated goods u/s 22(1)(c) - Held that:- abatement is admissible subject to the satisfaction of the Assistant Commissioner/Deputy Commissioner that the damage has not occurred in the accident due to any willful act, negligence of default of the owner or his employee or agent. Delay in clearances of cargo cannot be held against the appellant as a willful act to invite damages when the custodian and the Cu.....

  • 2014 (7) TMI 920 - MADRAS HIGH COURT

    M/s. Tamil Nadu Newsprint and Papers Limited (TNPL) Versus Customs, Excise and Service Tax Appellate Tribunal (CESTAT)

    Customs - Recovery of demand when stay application is pending before tribunal - classification dispute - import of "steaming non-coking coal" - classifiable as Steaming Coal or bituminous coal - Held that:- when stay application is pending before the CESTAT, the second respondent should not resort to any coercive action for collection of any amount, till the stay application is disposed of by the CESTAT. Therefore, the writ petitions are disposed of directing the the second respondent not to take any coe.....

  • 2014 (7) TMI 919 - ANDHRA PRADESH HIGH COURT

    The Commissioner of Customs & Central Excise Versus S. Suryanarayana

    Customs - Regularizing the credit availed fraudulently by over-valuation of goods exported - fraudulently obtained DEPB Scrips have been utilized by the exporters - Held that:- A perusal of the order of the Tribunal would indicate that the respondent, being aggrieved by the Order-in-Original No.22 / 2008-Adjn-Cus, dated 29.12.2008 imposing penalty of ₹ 10.00 lakhs under Section 114 of the Customs Act, filed the appeal before the Tribunal. The Tribunal had found that the company, in which the respo.....

  • 2014 (7) TMI 918 - CESTAT NEW DELHI

    Rockman Industries Ltd. Versus CC. (ICD) New Delhi

    Customs - Refund of excess duty - duty paid on original value - later on survey goods were found as damaged and assessed as scrap - period of limitation - appellant filed the refund post survey report - Held that:- Appellants should have filed the refund claim before the expiry of six months from the date of payment of [duty and interest, if any, paid on such duty]. Nothing prevented the Appellants to file the refund claim within the prescribed limit of six months when the fact of the goods being damaged .....

  • 2014 (7) TMI 890 - MADRAS HIGH COURT

    M/s. La Freight Lift Pvt. Ltd. Versus Customs, Excise and Service Tax Appellate Tribunal

    Customs - Suspension of operation of Customs Broker License, under Regulation 19(1) of Customs Brokers Licensing Regulations, 2013 - Forfeiture of security - Earlier hearing of petition - Held that:- it would be suffice to direct the first respondent Tribunal to consider the application for stay at an early date and pass appropriate orders - Tribunal is directed to take up the application for stay first and pass appropriate orders - Decided in favour of assessee......

  • 2014 (7) TMI 877 - MADRAS HIGH COURT

    M/s. Horizon Forwarders Versus The Commissioner of Customs (Sea Port-Import)

    Customs - Suspension of the licence of the petitioner as custom broker - alleged that the petitioner firm has aided/abetted the importers in evasion of duty - Held that:- it is stated that for want of Judicial Member, the Appellate Tribunal is not functioning and therefore having regard to the urgency involved in this case, the petitioner has filed this writ petition. - petitioner shall prefer an appeal before the Appellate Authority as against the order dated 19.02.2014 passed by the first respondent, w.....

  • 2014 (7) TMI 876 - GUJARAT HIGH COURT

    Unitech International Ltd. Versus Union of India

    Customs - Principle of consistency - Release of goods - 100% EOU - segregation of Ferrous and non-ferrous scrap, mix scrap, electrical motors, transformers, etc. - Foreign Trade Policy 2004-2009 in the meantime was amended and from the definition of 'manufacture', segregation activities came to be excluded. - However, it was specifically provided inter alia that those units set up prior to 1st April 2002 for a period of five years shall not be disturbed. - Held that:- The Tribunal once having held in fa.....

  • 2014 (7) TMI 875 - CESTAT NEW DELHI

    M/s. Havell, s India Ltd. Versus CC., New Delhi

    Customs - Classification - import of Lighting fitting Compact Recessed Down light - classifiable under CTH 94051090 or under Tariff Heading 8539 - It is the observation of the ld. Adjudicating Authority that the laboratory reports proved the goods to be CFL, i.e., Compact Fluorescent Lamp by their character, nature and longevity - Appellant says that the goods being used for light reflection and focusing that proves the goods were spot lights but not mere lamps. - Held that:- appellant did not rebut such.....

  • 2014 (7) TMI 844 - DELHI HIGH COURT

    COMMISSIONER OF CUSTOM (ICD) Versus ONKAR INTERNATIONAL PVT LTD

    Customs - Condonation of delay - sufficient cause - delay of more than tree years - review section of the department sought copy of order from CESTAT - tribunal took about one year to supply certified copy of the order - Held that:- the explanation afforded in the memorandum of appeal, in the extracts of the pleadings reproduced above, hardly can be stated to constitute "sufficient cause". Even if one accepts the earliest point of time when the knowledge of the impugned order was derived by the revenue, .....

Recent Case Laws - VAT and Sales Tax Cases

  • 2014 (7) TMI 971 - MADRAS HIGH COURT

    B. Asoka Kumar, Proprietor Sree Mookambika Cashew Company Versus The Assistant Commissioner of Commercial Taxes

    VAT and Sales Tax - Writ of Certiorarified Mandamus - Call for records - Violation of principle of natural justice - Held that:- Irrespective of the submissions made by either counsel, without going into the merits of the matter, based on the circulars dated 29.06.1999 and 28.02.2001, issued by the Commissioner of Commercial Taxes, Chennai, petitioner is directed to pay 10% of the tax within four weeks from the date of receipt of a copy of this order. On such payment, the respondent is directed to consider the repr.....

  • 2014 (7) TMI 970 - RAJASTHAN HIGH COURT

    Commercial Taxes Officer Versus Hinger Traders

    VAT and Sales Tax - Denial of Input tax credit - Violation of section 18(1) of the Act of 2003 - Tax Board decided in favour of assessee - Held that:- Tax Board, by the impugned judgment and order, has recorded a categorical finding that the respondent-assessee has not violated section 18(1) of the Act of 2003 and input-tax credit has been rightly allowed to the assessee. The learned Tax Board has also concluded in clear and unequivocal terms that the assessee has already paid the requisite tax on the purchase pric.....

  • 2014 (7) TMI 969 - RAJASTHAN HIGH COURT

    Assistant Commissioner, Works Contract and Leasing Tax-II, Jaipur Versus RS. Electricals

    VAT and Sales Tax - Levy of tax, penalty & Interest - Held that:- Tax Board has rightly distinguished between an escaping of assessment and error of judgment by the assessing authority and held that the remedy for an error of judgment by the assessing authority lay in filing a revision petition under section 15(1) of the Act of 1954 before the Commissioner and not by way of resorting to section 12 of the Act of 1954 for recovering escaped tax. In the facts of the case, it is admitted that there was full disclosure .....

  • 2014 (7) TMI 968 - GAUHATI HIGH COURT

    North Eastern Coal Fields Coal India Ltd. Versus State of Assam and others

    VAT and Sales Tax - Validity of assessment order - Bar of limitation - Held that:- Limitation prescribed under section 39 is as to the "making" of the assessment and not to "initiation" thereof. The observation of the revisional authority that "made" did not mean "completed" or "signed" can not be accepted. The same is contrary to the plain meaning of the expres sion "made" - section 18(1) provides for limitation for initiating the reassessment while section 19(2) prescribes limitation for completing the assessment.....

  • 2014 (7) TMI 931 - MADRAS HIGH COURT

    G. Bala Mohanan Pillai, Proprietor Sree Vinayaka Cashew Industries Versus The Assistant Commissioner of Commercial Taxes

    VAT and Sales Tax - Writ of Certiorarified Mandamus - Call for records - Violation of principle of natural justice - Held that:- Irrespective of the submissions made by either counsel, without going into the merits of the matter, based on the circulars dated 29.06.1999 and 28.02.2001, issued by the Commissioner of Commercial Taxes, Chennai, petitioner is directed to pay 10% of the tax within four weeks from the date of receipt of a copy of this order. On such payment, the respondent is directed to consider the repr.....

  • 2014 (7) TMI 930 - MADHYA PRADESH HIGH COURT

    BPL Ltd. Versus Assistant Commissioner, Commercial Tax, Bhopal Division-1, Bhopal (MP) and others

    VAT and Sales Tax - Discount through credit note - whether the discount allowed by the appellant herein a retail dealer as per ordinary trade practice by way of credit note cannot be subjected to deduction from the sale price of the vehicle or not - Held that:- discount through credit note issued even subsequent to a sale without their mention in the sale voucher of the bill is permissible. It has been held that the claim for deduction of the amount of trade discount cannot be disallowed only on the ground that the.....

  • 2014 (7) TMI 929 - GUJARAT HIGH COURT

    Atul Motors Pvt. Ltd. and Another Versus State of Gujarat and Another

    VAT and Sales Tax - Recovery of tax - Crystallization of demand is pending - Held that:- From the affidavit-in-reply filed by the respondents, we do not notice any ground permitting the respondents to start recovery at this stage. The insistence on collecting cheques from the petitioners, therefore, cannot be countenanced. Under the circumstances, the respondents shall return three cheques collected from the petitioner to them latest by February 28, 2014. This is without prejudice to the power of the competent auth.....

  • 2014 (7) TMI 928 - TRIPURA HIGH COURT

    Laxmi Goods Carriers Versus State of Tripura and others

    VAT and Sales Tax - Permits required of consignment of goods under the provisions of the TVAT Act - Time extension for producing permits - assessing officer did not grant such time and levied tax and penalty at 150 % - assessee did not challenge the assessment, but filed petitions for rectification of the orders in terms of section 74 of the TVAT Act - Held that:- Power of rectification is limited and is akin to a power of review. Any judicial or quasi-judicial authority can exercise powers of review when there is .....

  • 2014 (7) TMI 889 - MADRAS HIGH COURT

    M/s. Veesons Energy Systems (P) Limited Versus The Commissioner of Commercial Taxes

    VAT and Sales Tax - Challenge to the clarification of the first respondent in Reference - powers to issue a circular or clarification under the TNVAT Act - Input tax credit - Capital goods - Held that:- The definition of capital goods only specifies that the goods which are used for the purpose of manufacture can be categorized as capital goods. The tax paid for the purchase of capital goods used in the case of manufacture is entitled to be claimed back as ITC - The petitioner herein is involved in the manufacturin.....

  • 2014 (7) TMI 888 - GUJARAT HIGH COURT

    ABDUL KARIMHAJI UMARBHAI RASULBHAI Versus STATE OF GUJARAT

    VAT and Sales Tax - Penalty - Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in treating the invoices produced by the appellant as “Retail Invoices” even though the nomenclature of a document cannot be conclusive to decide as to whether a invoice produced is a Retail Invoice or a Tax Invoice and even though admittedly, the invoice produced contained all the essential ingredients of a Tax Invoice including details of tax charged separately - Held that:- On persual .....

Recent Case Laws - Corporate Laws Cases

  • 2014 (7) TMI 917 - DELHI HIGH COURT

    Shri Jitendra Prasad Agarwal & Others Versus Associated Tubewell (India) Ltd. & Others

    Corporate Laws - Mismanagement and oppression by the majority shareholder - appointment of Mr Gautam Agarwal as an Additional Director of the Company - petitioner has alleged that Mr Gautam Agarwal was only 20 years old the day he was appointed as an Additional Director. - Held that:- prima facie¸ established that the resources of the company have been used for the benefit of Smt Raj Kumari Agarwal and her family. And, the petitioners have apparently been excluded from the affairs of the company. - it will be a.....

  • 2014 (7) TMI 874 - DELHI HIGH COURT

    In Re : Vodafone Spacetel Limited & Another

    Corporate Laws - Scheme of Amalgamation - The Petitioner Companies have placed on record communications from Unsecured Creditors to the effect that they shall be opposing the scheme. However, none of these Unsecured Creditors have appeared before this Court or filed objections to the Scheme before this Court. - Held that:- In view of the approval accorded by the shareholders of the Petitioner Companies, the Report filed by the Official Liquidator, Affidavit filed by the Regional Director and the Replies of the .....

  • 2014 (7) TMI 841 - CALCUTTA HIGH COURT

    Jugal Kishore Yadav Versus Gourepore Co. Ltd. (In Liqdn.)

    Corporate Laws - Company under winding up proceedings - application for revival of the company - Locus standi of the applicants - applications for convening meetings of creditors to consider their respective schemes of arrangement for revival of the company. - Held that:- In the case of a company which is being wound up, it would be binding on the company and its contributories. - There is no question of invocation of Section 391 of the Companies Act, 1956 because the Official Liquidator has not come up with a.....

  • 2014 (7) TMI 811 - DELHI HIGH COURT

    In Re : Airwaves Telefilms Pvt. Ltd. & Others

    Corporate Laws - Scheme of Amalgamation - No objection has been received to the Scheme from any other party. Mr. Pawan Kumar Mittal, Director of the Transferee Company, has filed an affidavit confirming that neither the Petitioner Companies nor their counsel has received any objection pursuant to citations published in the newspapers. - In view of the approval accorded by the Shareholders and Creditors of the Petitioner Companies, affidavit/report filed by the Regional Director, Northern Region and the Official.....

  • 2014 (7) TMI 774 - DELHI HIGH COURT

    Sanjay Aggarwal Versus Gitanshi Polychem Pvt. Ltd.

    Corporate Laws - Winding up petition - unable to pay debts - dispute with regard to the application and the allotment of shares - Held that:- In a petition seeking winding up of a company for its inability to pay its debt, what is to be seen is whether there is a debt and whether a plausible defence is raised by the respondent for the non payment of the debt and to the winding up petition. In case a plausible defence is raised which is neither sham nor moonshine, the company is not to be wound up in exercise of.....

  • 2014 (7) TMI 728 - DELHI HIGH COURT

    Indo Rolhard Industries Ltd. Versus MK. Mahajan & Another

    Corporate Laws - Winding up petition - publication of advertisement - unable to pay dues to the creditors - Held that:- the learned Single Judge rightly observed that there was no reason why advertisement should be deferred, more so as the Appellant Company had not availed of the opportunity granted to it by the Division Bench to move an application for deferment of the advertisement of the petition. Even otherwise, there did not appear to be any special circumstances which would warrant deferment or suspension .....

  • 2014 (7) TMI 545 - SUPREME COURT

    Anil Gupta Versus Star India Pvt. Ltd. & Another

    Corporate Laws - Dishonour of cheques - prosecution of directors - complaint under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 - Held that:- for maintaining the prosecution under Section 141 of the Act, arraigning of a company as an accused is imperative. The other categories of offenders can only be brought in the drag-net on the touchstone of vicarious liability as the same has been stipulated in the provision itself. - Decision in Aneeta Hada v. Godfather Travels and Tours Pvt. L.....

  • 2014 (7) TMI 224 - COMPANY LAW BOARD MUMBAI

    Woodward Impex (P.) Ltd. Versus Podar Mills Ltd.

    Corporate Laws - Oppression and mismanagement in the affairs of the Respondent Company - diversion of the rights issue funds - refund of the capital contribution made in the firm from the firm's account to the company account - Held that:- Admittedly, the scheme of rights issue was brought for the purpose of discharging the liabilities of the Company and to improve its net-worth. There is nothing on record to show that the liabilities of the Company stands discharge or its net-worth has improved by making invest.....

  • 2014 (7) TMI 182 - COMPANY LAW BOARD MUMBAI

    Sanjay Mukim Versus Thermax Ltd.

    Corporate Laws - Rejection of registration of transfer - loss of original transfer deeds - Non compliance of relevant documents - Held that:- only ground for refusal of transfer of shares in question in favour of the Petitioner that the signatures of the Respondent Nos. 3 and 4 do not match with the signatures available on the record of the Company. - It is to be noted that their Identity is not disputed, Furthermore, the Petitioner has filed sufficient documentary evidence to prove the title of the shares-in-qu.....

  • 2014 (7) TMI 142 - COMPANY LAW BOARD CHENNAI

    Kotak Mahindra Bank Ltd. Versus Nagarjuna Travels & Hotels Ltd.

    Corporate Laws - Registration u/s 125 - mortgage and creation of charge - Execution of Form 8 - Held that:- respondent No 1 Company authorised one of its director to execute the documents and sign the necessary forms in respect of mortgage and creation of charge. The director who was authored to sign Form 8 is also stated to have appended his digital signature on the Form 8 creating the charge. Thus, the R1 Company has fulfilled its obligations and has not made any default which requires the Bench's indulgence t.....

Recent Case Laws - FEMA Cases

  • 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 .....

  • 2014 (4) TMI 466 - DELHI HIGH COURT

    Enforcement Directorate Versus M/s. Morgan Industries Ltd.

    FEMA - Condonation of delay - decision to file appeal was taken at various levels which consumed valuable time - Held that:- Apparently, the present appeal has been filed after an inordinate delay of 775 days. Section 35 of FEMA permits the appeal to be filed within 60 days from the date of communication of the decision or order of the Appellate Tribunal on any question of law arising out of such order. The proviso authorises High Courts to extend the appeal to be filed within next 60 days, if it is sa.....

Recent Case Laws - Misc Cases

  • 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.....

  • 2014 (6) TMI 208 - BOMBAY HIGH COURT

    M/s. Thakker Warehousing Agency Versus Maharashtra Small Scale Industries Development Corporation Ltd.

    Misc - Legality of Arbitration award - Dispute as to ownership of property - Enhancement in rent - Vacating the premises - Appointment of arbitrator - Held that:- Respondent is not the original owner of the property. The Petitioner was in exclusive possession of the property subject to “rent/licence fee” which was also enhanced from time to time. The learned Arbitrator, based upon the alleged occupation, even after termination of the agreement, passed the Award for recovery of arrears of occupation cha.....

  • 2014 (6) TMI 199 - BOMBAY HIGH COURT

    Dr. Vijaypat Singhania, Dr. Gaur Hari Singhania and others Versus Hari Shankar Singhania and others

    Misc - Legality of an arbitral award - Valuation of properties- HDFC appointed as arbitrator - Appellants contends that parties had a right to insist that after the submission of the final report, the valuer should participate in an oral hearing to submit itself to questioning by the parties and to enable the parties to present their expert evidence on the valuation of the properties - arbitrator rejected this submission holding that the deadlock between the parties had been resolved when they entered .....

 
 

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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