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Recent Case Laws - Income Tax Cases

  • 2014 (7) TMI 873 - PUNJAB & HARYANA HIGH COURT

    Commissioner of Income Tax-I, Chandigarh Versus Shri Rana Ranjit Singh

    Income Tax - Agriculture income - Bogus capital formation through shares - Rule 7 of the Income Tax Rules, 1962 – Held that:- Following Commissioner of Income Tax-I, Chandigarh Versus Rana Gurjit Singh [2011 (2) TMI 241 - PUNJAB AND HARYANA HIGH COURT] - Calculation made by the AO while working out non-agricultural income in the hands of the assessee, addition/disallowance in the hands of the assessee on account of non-agricultural income is not justified, as the conversion of raw seeds into pea seeds cannot.....

  • 2014 (7) TMI 872 - BOMBAY HIGH COURT

    Commissioner of Income Tax (Large Tax Payer Unit) Versus M/s. Lubrizol India Ltd.

    Income Tax - Deduction u/s 80I – Income from expansion of dispersion unit – Held that:- Unless the deduction is withdrawn or rejected in the initial assessment years, it cannot be withdrawn in the subsequent AYs – Following the decision in Commissioner Of Income-Tax Versus Paul Brothers [1992 (10) TMI 5 - BOMBAY High Court] - Tribunal merely applied the principle laid down in the decision and rightly concluded that the denial of deduction by the AO on the reason of legality cannot be sustained – thus, the Tr.....

  • 2014 (7) TMI 871 - DELHI HIGH COURT

    Commissioner of Income Tax Versus Rachna Agarwal

    Income Tax - Unexplained investment – Valuation of property – Held that:- The assessee did not cooperate would not absolve the AO from adopting some methodology in arriving at the market value which according to him had not been disclosed by the assessee - The task of the DVO in the circumstances became crucial, he could not have indulged an arm chair exercise by merely issuing notices to the assessee - there was no basis for the AO to determine that the true value of the property was ₹ 1.25 crores, by.....

  • 2014 (7) TMI 870 - BOMBAY HIGH COURT

    The Commissioner of Income Tax Versus M/s. Reliance Industries Ltd.

    Income Tax - Deduction u/s 80HHC – Computation of income u/s 115JB – Rectification of order u/s 154 - Tribunal rightly directed to compute the deduction u/s 80HHC for the purpose of determining book profit u/s 115JA only with reference to profit as per the accounts and not to restrict the same to the amount computed and allowed under the normal provisions of the Act - there was no mistake in the order passed by the AO on 24.07.2006 giving effect to the order of the CIT (A) on this issue warranting any rectif.....

  • 2014 (7) TMI 869 - ITAT MUMBAI

    Tara Educational and Charitable Trust Versus Director of Income Tax (Exemptions)

    Income Tax - Rejection of application u/s 12AA – Dissolution clause not included in Trust deed - Held that:- The scope of enquiry contemplated u/s 12AA of the Act thus is limited to the extent of Commissioner getting himself satisfied about object of the Trust and the genuineness of its activities so as to grant or refuse the registration u/s 12A of the Act – DIT(E) has not recorded any adverse comment or dis-satisfaction about the object of the Trust or genuineness of the Trust activities – refusal to grant.....

  • 2014 (7) TMI 868 - ITAT MUMBAI

    SK. Sajdeh & Sons Pvt. Ltd. Versus Income Tax Officer

    Income Tax - Valuation of stock and trading addition u/s 145 - Held that:- The basic contention raised before the CIT(A) that the books of account regularly maintained by the assessee and duly audited by the auditors were not rejected by the AO by pointing out any material or specific defects and in the absence of the same, trading addition made by the AO is not sustainable - the books of account regularly maintained by the assessee and duly audited by the auditors are not rejected by the AO by pointing out .....

  • 2014 (7) TMI 867 - ITAT AGRA

    Raj Kumari Agarwal Versus Deputy Commissioner of Income Tax Circle 2, Agra

    Income Tax - Genuineness of sales consideration of land sold – Price lesser than circle rate as per section 50C – Held that:- The assessee has specifically objected to the adoption of stamp duty valuation rate - mere fact that the assessee has not challenged the stamp duty valuation cannot be put against the assessee – Relying upon CIT v. Chandra Narain Chaudhuri [2013 (9) TMI 646 - ALLAHABAD HIGH COURT] - once the assessee claims that the actual market value of the land or building is less than stamp duty v.....

  • 2014 (7) TMI 866 - ITAT MUMBAI

    Boskalis International- Dredging International CV Versus Dy. Director of Income tax-3(2) International Taxation, Mumbai

    Income Tax - Transfer pricing adjustment – Determination of lease rentals u/s 92C r.w. Rule 10A - Whether the lease rental paid by the assessee to its AE in respect of various dredging equipments taken on lease can be recorded as closely linked or continuous transactions which cannot be evaluated separately on individual basis – Held that:- The Assessee has taken a number of dredging equipments from more than one associate enterprises - the transactions carried out with different associate enterprises cannot.....

  • 2014 (7) TMI 865 - ITAT KOLKATA

    ITO., Ward-5(2), Kolkata Versus M/s. Polar Industries Ltd.

    Income Tax - Interest payment – Genuineness of claim not established – Held that:- CIT(A) has mentioned the matter set out in the letter - nowhere in the order of the CIT(A) mentioned that the CIT(A) has made any factual verification of the contents - if the AO has not made necessary examination the CIT(A) is bound to make examination himself – relying upon Kapoorchand Shrimal vs CIT [1981 (8) TMI 2 - SUPREME Court] - it is the duty of the appellate authority to correct the lacunae in the orders of the auth.....

  • 2014 (7) TMI 864 - ITAT LUCKNOW

    Income Tax Officer Versus M/s. Guru Teg Bahadur Auto Enterprises

    Income Tax - Unexplained capital contribution by partners – Held that:- Regarding this claim of gift, it is noted by CIT(A) that Smt. Leelawati Senani is not income-tax assessee and she is neither having any PAN and nor she could explain the source of giving gift to her daughter-in-law - the source of money in the hands of Smt. Sindhuja Mishra to this extent is not acceptable because nothing more is produced to warrant interference - assessee was also asked to furnish cash flow statement to show deposit in c.....

  • 2014 (7) TMI 863 - ITAT DELHI

    ITO. Ward 11(1), New Delhi Versus M/s. Emperor International Ltd.

    Income Tax - Addition u/s 68 and 69 – Genuineness of claim – Held that:- The assessee has as well filed the documents before the authorities below in support of the claim - These are copies of acknowledge of return of income along with computation, audited balance sheet and profit and loss account, replies of the assessee filed before the AO, ledger account of investment, statement showing details of investment as on 31.3.2002 and 31.3.2003, statement of details of investments sold, statement of bank account.....

  • 2014 (7) TMI 862 - ITAT MUMBAI

    DCIT –Circle-3(3), Mumbai Versus M/s. Shah Spinners Pvt. Ltd.

    Income Tax - Depreciation on property – Business activity not carried out during year – Held that:- CIT(A) was perfectly justified in holding that the Assessee is entitled to depreciation as well as deduction towards expenditure - the assessee has made a specific claim that the company had used the premises for its business purpose and had earned business conducting charges under the head ‘income from house property’ the nature of the said income does not cease to be business activity - income earned may be .....

  • 2014 (7) TMI 861 - ITAT MUMBAI

    Manohar Manak Alloys P. Ltd. DC. Bothra & Co. Chartered Accountants Versus ACIT 4(2), Mumbai

    Income Tax - Proportionate interest disallowed – Interest free loans and advances given to sister concern - Held that:- The assessee has taken a plea that the total interest free funds available to the assessee company are sufficient to make the interest free advances and the disallowance of notional interest is un-warranted - the facts have not been taken cognizance by the authorities - the assessee company has sufficient funds to make interest free advances and hence the disallowance made/confirmed by the .....

  • 2014 (7) TMI 860 - ITAT MUMBAI

    Ms. Geeta Prabhudas Pawani Versus Income Tax Officer

    Income Tax - Quantum appeal set aside - Penalty u/s 271(1)(c) - Liquidated damages not declared – Held that:- The Tribunal in earlier assessment year held that liquidated damages had not accrued to the assessee - assessee contended that the addition no longer subsists, thus, the penalty proceedings have no legs to stand - It is not a fit case for levy of penalty u/s 271(1)(c) of the Act since the addition made in the quantum proceedings has been deleted by the Tribunal – decided in favour of Assessee. Int.....

  • 2014 (7) TMI 859 - ITAT CHENNAI

    Shri AR. Murugadoss Versus Asst. Commissioner of Income Tax

    Income Tax - Dis-allowance of expenditure – Depreciation of motor-car, mobile phone and computers as personal in nature to the extent of 25% - Held that:- The assessee had already filed returns of the income for the AYs - at the time of search, the assessee had already filed returns for the AYs and assessments were completed - during search operations, no incriminating material was seized - The additions on account of dis-allowance of expenses and dis-allowance of depreciation were made from the documents al.....

  • 2014 (7) TMI 858 - ITAT CHENNAI

    M/s. Easun Reyrolle Ltd. Versus The Deputy Commissioner of Income Tax

    Income Tax - Deduction u/s 80IA(4)(iv) of the Act – Computation of income - Unabsorbed depreciation on standalone basis u/s 80IA(5) of the Act – Held that:- The decision in M/s. Easun Reyrolle Ltd. Versus Deputy Commissioner of Income Tax [2014 (7) TMI 497 - ITAT CHENNAI] followed - Revenue has failed to controvert the same - only AY 2000-01 instead of 1995-96 has to be held as the ‘initial assessment year’ for the purpose of sec 80IA deduction –Relying upon M/s. Velayutha Swamy Spinning Mills vs. ACIT [2010.....

  • 2014 (7) TMI 857 - ITAT MUMBAI

    Bhavnaben Krishnakumar Bhatu Versus ITO-25(3) (1), Mumbai

    Income Tax - Inclusion of agricultural income – Held that:- The assessee has explained the amount as realized from the sale of cattle feed (niran), and which has been explained as arising for this year only due to heavy rainfall - assessee has also placed on record the index of the paper-book filed before the CIT(A) furnishing the details of the cash sale there should have been a proper examination of the assessee’s claims by the Revenue, which has however not been at any stage - It is only the additional i.....

  • 2014 (7) TMI 856 - ITAT AHMEDABAD

    Income Tax Officer Versus Shri Mithun R. Amin Nr. Jain Temple

    Income Tax - Unexplained money – Held that:- CIT(A) has passed a well-reasoned order and out of the total addition of ₹ 13,85,200/-, an addition of ₹ 2,55,500/- has been confirmed and the balance addition has been deleted by him – assessee has allowed his bank account to be used by the students of the coaching centre and the preponderance of human behaviour read with all the evidences establishes this fact in favour of the assessee - assessee being in Australia during the period when assessment p.....

  • 2014 (7) TMI 855 - ITAT LUCKNOW

    KAILASH CHANDRA SHARMA Versus INCOME TAX OFFICER

    Income Tax - Estimation of net profit from business of truck plying and transport commission – Proper verifications not made by AO - Held that:- The assessee has initially adopted the figure of turnover shown in the TDS certificate, but during the course of assessment proceedings, the assessee has explained that he has taken the total turnover shown in the TDS certificate wrongly and the turnover for the month of April and May, 2007 were included in the figure of total turnover shown in the TDS certificate -.....

  • 2014 (7) TMI 854 - ITAT MUMBAI

    TRO (TDS) Versus SHELTON INFRASTRUCTURE PVT LTD

    Income Tax - Order passed u/s 201(1)/201(1A) – Non-deduction of TDS and interest - Premium for leasehold rights u/s 194I – nature of rent not defined – Held that:- A payment of lease premium do not fall within the realm of "rent" as contemplated in section 194–I - the assessee is not liable for deducting the TDS on payment - the lease premium is capital expenditure to acquire land with substantial right to construct and cover the building complex – Following the decision in ITO (TDS) 3 (5), Versus M/s. Wadhw.....

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 895 - CESTAT CHENNAI

    Commissioner of Central Excise, Salem Versus Thangavel & Sons (P) Ltd.

    Service Tax - Utilization of CENVAT Credit for payment of service tax - cenvat credit by the respondents earned on the inputs received for manufacture of excisable goods towards payment of service tax for "Business Auxiliary Service" - Held that:- the respondents are not only a manufacturer of excisable goods but also the provider of output services and both the activities are carried out in the same premises. Respondents are eligible for availment of input credit, they can utilize the cenvat credit availa.....

  • 2014 (7) TMI 894 - CESTAT NEW DELHI

    CCE, PANCHKULA Versus BHARAT SANCHAR NIGAM LTD

    Service Tax - Cenvat credit - Rent-a-cab service - Revenue contends that rented cabs were not exclusively used for the purpose of providing output service - Held that:- Commissioner has given a categorical finding that the cabs in respect of which credit has been taken were used for providing output service which would clearly make the impugned credit admissible. In the grounds of appeal submitted by the Department they have merely stated that the impugned cabs were not exclusively used for the purpose of mai.....

  • 2014 (7) TMI 893 - CESTAT AHMEDABAD

    M/s Gujarat State Fertilizers & Chemicals Ltd. Versus CCE Vadodara

    Service Tax - Demand of service tax - Transportation of effluent through pipeline or conduit - Whether appellant is liable to payment of Service Tax on the services of transportation of effluent through pipeline or conduit to M/s Heavy Water Project (HWP) on some consideration under Section 65(105)(zzz) - Held that:- As per definition of ‘goods’ given in Section 65 (50) of the Finance Act, 1994 the meaning of ‘goods’ for the purpose of Service Tax law has to be as assigned in Clause (7) of Section 2 of the Sa.....

  • 2014 (7) TMI 892 - MADRAS HIGH COURT

    M/s. Nila Engineering Contractors Versus The Assistant Commissioner of Central Excise

    Service Tax - Recovery of service tax arrears - challenge to the Show Cause notice on the ground that they have not received the said notices and they have been despatched to different address and they came to know about the same only in the first week of May, when the 2nd respondent declined to pay the amount for the work done by them. - Held that:- it is crystal clear that though the address of the petitioner has been mentioned wrongly in all the correspondence, they have been duly acknowledged by the petit.....

  • 2014 (7) TMI 891 - ALLAHABAD HIGH COURT

    Commissioner of Customs Central Excise & Service Tax Versus M/s. Indian Farmers Fertilizers Cooperative Ltd.

    Service Tax - Clim of refund by the recipient of services - excess service tax was paid by the service provider - difference due to downgrade revision in price - unjust enrichment - period of limitation - The case of the revenue was that it was the service provider, namely RGTIL which alone was entitled to file a claim before the Commissionerate concerned and RGTIL had recovered the service tax amount from various recipients. - Held that:- once the finding of the adjudicating authority that the claim for refu.....

  • 2014 (7) TMI 852 - CESTAT MUMBAI

    MANAV SANSADHAN VIKAS ANI SANSHODHAN MANCH AND KABIR BAUG MATHA SANSTHA Versus COMMISSIONER OF CENTRAL EXCISE

    Service Tax - Health and Fitness service - sale of booklet - activity of teaching the art of yoga - Held that:- The booklet which is part of the appeal, titled as "Lifesaver" only gives the benefits of yoga and also gives the names of 20 asanas which were being taught in the Institution. Further we find that in the present appeal, in the brief facts which were duly verified by the appellants, it has been specifically mentioned that the appellants are a Trust registered under the Maharashtra State to teach the.....

  • 2014 (7) TMI 851 - CESTAT NEW DELHI

    COMMISSIONER OF CENTRAL EXCISE, JALANDHAR Versus M/s BHAGWATI FOREX

    Service Tax - Penalty u/s 76 & 78 - Simultaneous penalty - Held that:- While High Courts of Kerala and Delhi opined that prior to the amendment w.e.f . 10.5.2008 by a proviso introduced to Section 78, by the Finance Act, 2008, penalties under Sections 76 and 78, which operate on different aspects could be imposed vide Assistant Commissioner of Central Excise Vs. Krishna Poduval - [2005 (10) TMI 279 - Kerala High Court] and Bajaj Travels Ltd. Vs. CST [2011 (8) TMI 423 - DELHI HIGH COURT], the Punjab & Haryana .....

  • 2014 (7) TMI 850 - CESTAT KOLKATA

    M/s BHARATI CONSTRUCTION Versus COMMISSIONER OF CENTRAL EXCISE, CUSTOMS & SERVICE TAX, BHUBANESWAR-I

    Service Tax - Waiver of predeposit of Service Tax - quantification/computation of the demand - Held that:- from the records it is found that the CAs Certificate and other evidences now produced by the ld. CA for the Applicant, were not placed before the ld. Commissioner. In the result, in the interest of justice, at this stage, the offer to deposit ₹ 10.00 lakh seems to be reasonable. Consequently, we direct the Appellant to deposit ₹ 10.00 lakh within a period of four weeks from today and report .....

  • 2014 (7) TMI 849 - CESTAT NEW DELHI

    M/s GURMEHAR CONSTRUCTION Versus COMMISSIONER OF CENTRAL EXCISE

    Service Tax - Reversal of wrongly taken credit done - whether interest is chargeable from the date when it was taken upto the date of its reversal - CENVAT Credit taken on dumpers - Held that:- Cenvat Credit was reversed before utilization is not in dispute - Interest is compensatory in character, and is imposed on an assessee, who has withheld payment of any tax, as and when it is due and payable. The levy of interest is on the actual amount which is withheld and the extent of delay in paying tax on the due .....

  • 2014 (7) TMI 848 - CESTAT MUMBAI

    SUPERINTENDENT OF POLICE (RURAL), CIVIL LINE, NAGPUR Versus CCE, NAGPUR

    Service Tax - Waiver of pre deposit - Demand of service tax - Security services provided by Superintendent of police - service provided for IPL match - Payment not received for services received - Held that:- during the impugned period, service tax liability arises at the time of remuneration received towards service provided as no amount has been received by the appellant, therefore, appellant has made out a case for waiver of pre-deposit - matter remanded back - Commissioner (Appeals) to decide the issue on.....

Recent Case Laws - Central Excise Cases

  • 2014 (7) TMI 885 - MADRAS HIGH COURT

    The Commissioner of Central Excise Versus SKM Egg Products Export (India)

    Central Excise - Eligibility for duty free procurement - Notification No.1/95 CE - Furnace Oil purchased and consumed by the appellant's unit (Food Processing Industry) - tribunal allowed the he benefit of duty free purchase - Held that:- a similar issue was answered against the Revenue by the Tribunal in Tata Tea Limited v. Commissioner of Central Excise, [2003 (12) TMI 109 - CESTAT, NEW DELHI], and the appeal preferred by the Department as against the said decision stood dismissed by the Supreme Court - decis.....

  • 2014 (7) TMI 884 - MADRAS HIGH COURT

    M/s. Saradha Travels Versus The Commissioner of Service Tax

    Central Excise - Condonation of delay - delay of 32 days - Tribunal dismissed the appeal - Held that:- the order -in- original was pasted on the premises of the appellant on 06.10.2010 under a Mahazar before two independent witnesses as required under Section 37C(b) of the Central Excise Act, 1944, since the appellant was not available in the premises and the premises was also locked. That is the effective date of service. However, the appellant construed as if the order was affixed only on 06.10.2011 and filed .....

  • 2014 (7) TMI 883 - MADRAS HIGH COURT

    M/s. Quest Life Services (P) Ltd. Versus The Customs, Excise & Service Tax Appellate Tribunal

    Central Excise - Waiver of pre-deposit - SEZ unit - Clearance of goods to DTA units without following the prescribed procedure - duty was confirmed holding that the material, which was cleared are not books within the meaning of Customs Tariff Heading 49.01, and that it will fall under 49.11 and not exempt from duty - notification No.21/2002 - Held that:- there is a prima facie case in favour of the appellant that the goods are not liable to duty in terms of the exemption in Notification No.21/2002 Customs. Th.....

  • 2014 (7) TMI 882 - MADRAS HIGH COURT

    The Commissioner of Central Excise Versus M/s. Sri Ranga Balaji Cotton Mills

    Central Excise - Penalty u/s 11AC - whether mandatory - clandestine clearance of goods - Held that:- In view of the categorical statement of law by the Supreme Court in the above-stated decision Union of India V. Rajasthan Spinning and Weaving Mills [2009 (5) TMI 15 - SUPREME COURT OF INDIA], the question of exonerating the assessee from payment of penalty does not arise. - Decided in favor of revenue......

  • 2014 (7) TMI 881 - MADRAS HIGH COURT

    The Commissioner of Central Excise & Service Tax Versus M/s. India Cements Ltd.

    Central Excise - Cenvat Credit - capital goods - structural steel items viz., M.S.Plates, Angles, Channels and HR Sheets used for civil construction activity - Held that:- This Court in the case of India Cements Limited [2011 (8) TMI 399 - MADRAS HIGH COURT] applied the principles laid down in the decision of Commissioner of Central Excise Jaipur V. Rajasthan Spinning & Weaving Mills Ltd. [2010 (7) TMI 12 - SUPREME COURT OF INDIA] and held that the Tribunal was justified in allowing the assessee's contention in .....

  • 2014 (7) TMI 880 - GUJARAT HIGH COURT

    Gujarat Petrosynthese Ltd. & 1 Versus Union of India & 3

    Central Excise - Refund of duty paid by the supplier of goods - locus standi - claim of exemption for the return stream - claim of IPCL was rejected on the ground that buyer may be entitled to get the refund - the petitioner (GPL) being buyer of the gas has filed instead of filing refund claim filed an appeal before the tribunal against the order of Commissioner (appeals) passed against the supplier - tribunal rejected the claim of petitioner on the ground that the petitioner has no locus standi - Held that:- as.....

  • 2014 (7) TMI 879 - DELHI HIGH COURT

    Rajan Overseas Versus Commissioner of Central Excise & Another

    Central Excise - Claim of interest on delayed refund - export of goods - the claim of the refund of the additional duty deposited by the petitioner was rejected by the Deputy Commissioner of Central Excise by its orders dated 28.11.2008 and 21.10.2008. The claim of the petitioner that it is entitled to rebate of CVD is no longer res integra and the said question has been decided in favour of the petitioner, albeit, after a considerable lapse of time. - Held that:- there has been an inordinate delay in allowing .....

  • 2014 (7) TMI 878 - ALLAHABAD HIGH COURT

    M/s. Garg Industries Versus UOI. Thru' Secry., Revenue And 2 Others

    Central Excise - Extension of stay - third proviso to sub-section (2A) of Section 35C - power to extend the stay beyond the period that has been prescribed - Held that:- The appeal was listed before the Tribunal on diverse dates and it was the inability of the Bench of the Tribunal to dispose of the appeal which has led to the appeal remaining pending on the file. Hence, we are of the view that it would be a travesty of justice to saddle the petitioner with the consequence of the unconditional stay being vacat.....

  • 2014 (7) TMI 835 - GUJARAT HIGH COURT

    Saheli Synthetics Pvt. Ltd. Versus Commissioner Of Customs And Central Excise

    Central Excise - Waiver of pre-deposit - tribunal directed the appellant to make pre-deposit - assessee sought additional time to deposit the amount - Held that:- further time to make pre-deposit as per the order of tribunal granted - On depositing of the aforesaid balance amount of ₹ 8 lacs on, or before, 9th August, 2014, with the adjudicating authority, it is to decide the matters in accordance with law and on merits, at the earliest. It goes without saying that, if, the aforesaid balance amount of .....

  • 2014 (7) TMI 834 - ALLAHABAD HIGH COURT

    M/s. Shivam Engineers And Fabricators Versus Union of India And Others

    Central Excise - Writ petition - Manufacture - process of Hot Dip Galvanisation of M.S. Fabricated items - process of galvanisation or process of manufacture - Job work - Notification no/ 214/86 - Held that:- the question as to whether the petitioners are entitled for exemption under the notification no.214 dated 25 March, 1986 with regard to supplying the material by those suppliers who are not paying Central Excise Duty on their final product is again a question where evidence is required to be led by the part.....

Recent Case Laws - Customs Cases

  • 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, .....

  • 2014 (7) TMI 843 - CALCUTTA HIGH COURT

    M/s. Ashoke Enamel & Glass Work Pvt. Ltd. & Another Versus Union of India And Others

    Customs - Principle of natural justice - refusal to grant adjournment - Prohibited goods - seizure of the Red Sanders Wood - Held that:- authorities acted in the contravention of the provisions contained under Section 122A of the said Act in not granting the adjournment though provided for. Furthermore, the petitioner was unheard as the reply came to be filed on the next day of the impugned order which was not allowed to be taken on the Court. - order impugned is set aside to the extent it operates again.....

  • 2014 (7) TMI 842 - CESTAT NEW DELHI

    Nijhawan Travel Services Pvt. Ltd. and Shri Sham Nijhawan, Managing Director Versus CC, New Delhi

    Customs - Import of car subject to actual user condition - revenue contended that car imported under EPCG scheme was registered as private vehicle in non-transport/non commercial category - allegation that cars were not used for tour and travels to earn foreign exchange - appellant contended that transport authority did not register the car as taxi - Held that:- When the car was not used for the purpose it was meant, there was no foreign exchange earning made by the appellant for which it failed to disch.....

  • 2014 (7) TMI 815 - BOMBAY HIGH COURT

    GAC Shipping (India) Pvt. Ltd. Versus The Union of India through the Secretary Ministry of Commerce & Another

    Customs - Prohibition to operate as customs house brokers - license under the Customs Agents Licensing Regulations, 2004 - Pending the parent Commissionerate's action and under Regulation 20, the Commissioner of Customs (General) Mumbai, has chosen to propose a prohibition order. - Held that:- When the proceedings are pending and the client is yet to be saddled with any liability of payment of duty, or penalty, then, the impugned order could not have been passed. Despite, such a matter being taken up.....

  • 2014 (7) TMI 814 - MADRAS HIGH COURT

    Nitin Nayar Versus The Commissioner of Customs

    Customs - Seizure of vehicles carrying betel nuts - writ petition for release of vehicle - Import of betel nuts under the guise of cashew nuts - Held that:- earlier in a writ petition specific direction were issued to the petitioner to furnish his reply within a period of two weeks - When there is a specific direction that has been given by this Court as early as on 20.02.2012 to the petitioner to cooperate with the respondents, the petitioner has not given any reply even to the show cause notice itself. .....

  • 2014 (7) TMI 813 - BOMBAY HIGH COURT

    Shri Pankaj Kumar Tripati, Jeetinder Singh Arri Versus The Union of India And Others

    Customs - Levy of penalty based on statement of a person which was later retracted by that person - recovery of foreign currency equivalent - corroborative evidence - Tribunal found that the present Appellants were in the Security Staff of the Oman Airways. They were, thus, obliged to prevent any illegal activities or anything being carried in the aircraft, illegally. One I. Y. Suleman was apprehended while boarding the flight and foreign currency was recovered. It is in these circumstances that the actio.....

Recent Case Laws - VAT and Sales Tax Cases

  • 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 .....

  • 2014 (7) TMI 887 - KARNATAKA HIGH COURT

    Everest Marketing Versus Additional Commissioner of Commercial Taxes, Zone-I, Gandhinagar, Bangalore

    VAT and Sales Tax - Restoring of re assessment order - Exercise of suo moto revisional authority - Held that:- effect of the order passed by the Commissioner in exercising of revisional jurisdiction has virtually left the assessee without remedy of first appeal, as the Commissioner after setting aside the order of the first appellate authority has left the matter at that stage without directing the first appellate authority to examine the merits of the appeal and to pass orders by himself and not by remanding the m.....

  • 2014 (7) TMI 886 - KERALA HIGH COURT

    Indus Ind Bank Ltd. Versus Intelligence Inspector, Squad No. III and others

    VAT and Sales Tax - Locus standi - Seizure of equipment - Violation of principle of natural justice - Hearing opportunity not given - petitioner claims to be the financier of an excavator which was purchased by the fourth respondent - Held that:- As far as the plea of the petitioner that orders are vitiated for the reason that the petitioner was not heard in the matter is concerned, I am of the view that in a proceedings under section 47(2) of the Act, the registered owner of the vehicle or the owner of the consign.....

  • 2014 (7) TMI 847 - DELHI HIGH COURT

    M/s. Public Goods Transport Co. Versus Commissioner of Vat

    VAT and Sales Tax - Waiver of pre deposit - collection of tax from transporter - Tribunal which makes it apparent that upon survey and seizure of GRs in respect of goods in the possession of the transporter, the VAT authorities were of the opinion that the dealers of the goods/consignments were not paying tax for the last two years - Held that:- It is apparent that the VAT authorities assumed that the transporter was in some way responsible for the payment of VAT. The Revenue undoubtedly relies upon Section 3(9) of.....

  • 2014 (7) TMI 846 - PUNJAB AND HARYANA HIGH COURT

    Aptech Engineers Versus State of Haryana and others

    VAT and Sales Tax - Condonation of delay - delay caused on account of misguidance of the chartered accountant which misguided itself with provision of section 33(6) instead of section 33(5) of the Act that the appeal can be filed in 180 days instead of 60 days - Tribunal denied condonation - Whether the Tribunal was right in declining to condone the delay of 70 days in filing the appeal by the appellant - Held that:- it emerges that the law of limitation has been enacted which is based on public policy so as to pre.....

  • 2014 (7) TMI 845 - ANDHRA PRADESH HIGH COURT

    SREI Equipment Finance Private Limited Versus Assistant Commissioner (CT-IV), Nampally, Hyderabad

    VAT and Sales Tax - Levy of tax on import of goods - levy of tax on owner or lessee - it is lessee who had brought the goods into local area - Bar of limitation - Held that:- Tax is payable by the importer and it is the duty of the court to discover who is the importer for the purpose of section 3 of the Act. Section 3(3) of the Act elucidates that a person who causes the entry of the vehicle into the local area for use or sale especially deemed to be the importer who is liable to pay the tax. In other words merely.....

  • 2014 (7) TMI 820 - ALLAHABAD HIGH COURT

    M/s. Genus Paper Products Ltd. Versus State of UP. And Another

    VAT and Sales Tax - Reassessment - Input Tax Credit (ITC) - sale of material to 100% EOU and SEZ units - Assessee claims that once the petitioner's Company purchases raw material for manufacture of craft paper and sells the same to 100% export oriented unit as well as dealers in the special economic zone it is squarely covered under Section 13(1)(a) of the Act and it had rightly claimed the ITC to the extent of tax paid by it in purchase of raw materials - Held that:- The Section 29(7) relates to assessment of tax .....

  • 2014 (7) TMI 818 - RAJASTHAN HIGH COURT

    Assistant Commissioner, Commercial Taxes, Special Circle, Alwar Versus RC. Oil Industries & Bajrang Bali Oil Industries

    VAT and Sales Tax - Denial of benefit under the Sales Tax Incentive Scheme - Held that:- initially operation of the judgment of the Division Bench was stayed and that stay was granted by the honourable apex court on April 4, 1994, by mentioning this fact, came to the conclusion that the respondents (traders) cannot be discriminated against and, there fore, a cut-off date was fixed as April 4, 1994 and it was directed that the respondents will be allowed to retain the benefit, if any, enjoyed at least up to April 4,.....

  • 2014 (7) TMI 817 - KARNATAKA HIGH COURT

    State of Karnataka Versus Indian Hume Pipe Co. Ltd.

    VAT and Sales Tax - Excersice of power under section 12A of the Karnataka Sales Tax Act - Merger of order of the original authority with the order of the Appellate Authority - Rejection of returns filed - Whether the order of the Tribunal holding that the orders passed by the lower authorities is hit by the doctrine of merger and therefore it requires to be set aside, is correct - Held that:- where the subject matter of the original proceedings and the subject matter of the appeal proceedings is one and the same an.....

Recent Case Laws - Corporate Laws Cases

  • 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.....

  • 2014 (7) TMI 100 - COMPANY LAW BOARD CHENNAI

    Mathstraman Manufacturers & Traders (P.) Ltd. Versus Malayalam Industries Ltd.

    Corporate Laws - Rectification of register of shareholders - atonement of shares in lieu of payment against sale proceeds of land - Held that:- Petitioner company under the guise of rectification is seeking to enforce a specific performance and in the circumstances detailed aforesaid invoking the jurisdiction of this Bench under sections 111(4) and 111A of the Companies Act, 1956 is completely misplaced and in my view an abuse of process of Law. The petition is considered an exercise in futility and liable to be.....

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 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 .....

  • 2014 (6) TMI 190 - COMPETITION COMMISSION OF INDIA

    Co-ordination Committee of Artist and Technicians of West Bengal Film and Television Industry Versus Mr. Sajjan Kumar Khaitan, Proprietor of M/s. Hart Video and others

    Misc - Breach of section 3(3)(b) of the Competition Act, 2002 - M/s. B.R. TV, Mumbai was a producer of the TV serial 'Mahabharata' and had entrusted the sole and exclusive rights to M/s. Magnum TV Serials to dub the Hindi version of the said serial in Bangla and for exploiting its Satellite, Pay TV, DTH, IPTV, Video, Cable TV and Internet Rights till September 2016 - Informant was appointed sub-assignor by M/s. Magnum TV Serials and the said serial Mahabharata was dubbed in Bangla language by the Infor.....

  • 2014 (6) TMI 155 - Punjab and Haryana High Court

    Shiv Shanker Rice Mills Versus Punjab State Co-operative Supply & Marketing Federations Limited, Markfield and another

    Misc - Withdrawal of order framing the issues - proceedings under section 34 of the Arbitration and Conciliation Act, 1996 - Opportunity for leading evidence - respondent contended that, contended that whatever evidence is required to be led, this should have been led before the Arbitrator and it cannot be allowed to be brought before learned District Judge. - Held that:- Section 34 of the Arbitration and Conciliation Act, 1996 are not civil proceeding like in a civil suit, rather the same are summary .....

 
 

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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