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Tuesday, February 09, 2010
 
"Advance Tax" paid in respect of "Fringe Benefits (FBT)" for Assessment Year 2010-11 is allowed to be adjusted against payment of "Advance Tax" - Circular No. 2/2010 dated 29-01-2010
 
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Case Laws - Income Tax Cases

Income Tax - 2010 - TMI - 35260 - PUNJAB AND HARYANA HIGH COURT
Cash Payment – disallowance u/s 43A(3) read with rule 6DD - . The assessee is engaged in sale and purchase of tractors and its spare parts, mainly required by agriculture sector. The Assessing Officer . . . . .

Income Tax - 2010 - TMI - 35259 - PUNJAB AND HARYANA HIGH COURT
Rejection of books of account - The Assessing Officer rejected the books of account and assessed net profit @ 10% of the turn over. On appeal, net profit rate was reduced to 9.25%. The Department file . . . . .

Income Tax - 2010 - TMI - 35258 - PUNJAB AND HARYANA HIGH COURT
Excess Stock – unexplained investment - As a result of search and seizure operation conducted on 12.8.1987 at the business premises of the assessee and its sister concerns, assessment was made by maki . . . . .

Income Tax - 2010 - TMI - 35257 - PUNJAB AND HARYANA HIGH COURT
Taxability of sale of machine by the firm to one partner and by such partner to another firm - The assessee firm had three partners and sold its harvestor combine to one of its partners. The said part . . . . .

Income Tax - 2010 - TMI - 35256 - PUNJAB AND HARYANA HIGH COURT
Loss on account of leakage / breakage of bottles - The assessee is engaged in trading and distribution of soft drinks and made a claim towards loss on account of leakage/breakage of bottles. The said . . . . .

Income Tax - 2010 - TMI - 35255 - PUNJAB AND HARYANA HIGH COURT
Unexplained gift – The assessee claimed to have received a gift of Rs.5 lac from his maternal uncle Ramesh Arora but the said amount was added to his income by the Assessing Officer, as undisclosed in . . . . .

Income Tax - 2010 - TMI - 35254 - PUNJAB AND HARYANA HIGH COURT
Ownership of house – Capacity of Individual or HUF - Whether in the facts & circumstances of the case, the Ld. ITAT was right in law in not appreciating the fact that as per the mandate of section 27( . . . . .

Income Tax - 2010 - TMI - 35253 - PUNJAB AND HARYANA HIGH COURT
Cash found during search and seizure operation u/s 132 - block assessment – ITAT deleted the addition on the ground that the assessee has explaed the source of money recovered from him. ITAT further . . . . .

Income Tax - 2010 - TMI - 35251 - SUPREME COURT OF INDIA
Block Assessment - whether notice u/s 143(2) is mandatory for completing block assessment under Chapter XIV-B of the Act - According to the assessee, service of notice on the assessee under Section 14 . . . . .

Income Tax - 2010 - TMI - 35250 - PUNJAB AND HARYANA HIGH COURT
Addition on account of cessation of liability – liability was six years old - and on inquiry conducted by the Assessing Officer creditors were untraceable and also the assessee failed to produce the c . . . . .

Income Tax - 2010 - TMI - 35248 - PUNJAB AND HARYANA HIGH COURT
Existence and genuineness of the liability – failure to failed to prove the existence, genuineness and creditworthiness of these share holders – held that - the aforesaid liability of the assessee can . . . . .

Income Tax - 2010 - TMI - 35247 - DELHI HIGH COURT
Prior period expenditures – reassessment proceedings under Sections 147/148 - Rs. 96,534/- disallowed by the Assessing Officer and confirmed by the CIT(A) – the reopening was subsequent to the four-ye . . . . .

Income Tax - 2010 - TMI - 35245 - DELHI HIGH COURT
MAT – minimum alternate tax – Book Profit - . The assessee had filed its return declaring income at nil on 31st October, 2002. Since the income as per the normal provisions of the Income Tax Act (here . . . . .

Income Tax - 2010 - TMI - 35244 - KARNATAKA HIGH COURT
Penalty u/s 271B – audit report – assessee has tree concerns - but audit report u/s 44AB was obtained only for one concern - For other two business he had not obtained audit reports on the ground tha . . . . .

Income Tax - 2010 - TMI - 35243 - PUNJAB AND HARYANA HIGH COURT
Addition on account of waiver of interest – deletion of addition made by the AO on account of interest remitted and entries reversed by the assessee amounting to Rs.24,48,161 – held that - The Assess . . . . .

Income Tax - 2010 - TMI - 35242 - MADRAS HIGH COURT
Manipulation of accounts – disallowance - claim of deduction of purchase of old bottles – interest on certain loans – non compete fee paid to MD - The assessing officer has given reason to the effect . . . . .

Income Tax - 2010 - TMI - 35241 - MADRAS HIGH COURT
Reasons for reopening of an assessment – power under section 148 – held that - From the return of income filed by the petitioner, the Assessing Officer had found that the petitioner had earned interes . . . . .

Income Tax - 2010 - TMI - 35240 - PUNJAB AND HARYANA HIGH COURT
Enhanced rate of depreciation – worker’s quarter – ITAT allowed depreciation @ 40% under section 32 (1) (iv) on the workers' quarters constructed by the assessee - the land had been leased out to anot . . . . .

Income Tax - 2010 - TMI - 35239 - PUNJAB AND HARYANA HIGH COURT
Cash Credit - Addition to the declared income - Whether on the true and correct interpretation of Section 145 once the trading addition has been made, then whether a separate addition u/s 68 towards s . . . . .

Income Tax - 2010 - TMI - 35238 - PUNJAB AND HARYANA HIGH COURT
Section 14A – Nexus between income and expenditure – Assessee earned dividend income, which is exempted under Section 10 (34) and (35). The Assessing Officer made an inquiry whether any expenditure wa . . . . .



Case Laws - Service Tax Cases

Service Tax - 2010 - TMI - 35231 - HIGH COURT OF ALLAHABAD
Levy of penalty u/s 76 and 78 – waiver of penalty u/s 80 - Service Tax on Agent – assessee arranging the loan for the purchase of vehicle as a marketing agent from I.C.I.C.I. Bank and received commiss . . . . .

Service Tax - 2010 - TMI - 35226 - HIGH COURT OF MADRAS
Challenge to the Show Cause Notice – Demand of service tax with interest and penalty – held that - In paragraph 5, of the show cause notice the petitioner has been given opportunity to submit his expl . . . . .

Service Tax - 2010 - TMI - 35222 - CESTAT, AHMEDABAD
Refund of erroneous payment of service tax - All the appellants paid service tax initially. However, subsequently, they formed an opinion that they were not liable to service tax on the services rende . . . . .

Service Tax - 2010 - TMI - 35221 - CESTAT, AHMEDABAD
Delay is payment of service tax – appellants submits that penalty is not imposable on the appellants in view of the fact that the service tax with interest had been paid by them and therefore in terms . . . . .

Service Tax - 2010 - TMI - 35220 - CESTAT, BANGALORE
Valuation of taxable services – reimbursement of expenses – inclusion - The appellants are discharging their Service Tax liability on the amount calculated by them. While calculating the Service Tax l . . . . .

Service Tax - 2010 - TMI - 35219 - CESTAT, BANGALORE
Refund of erroneous payment - The appellants during the period from 1-1-03 to 31-3-04 paid the service tax amount of Rs. 1,46,639/-. Consequently noticing that they should not have paid this amount fi . . . . .

Service Tax - 2010 - TMI - 35218 - CESTAT, AHMEDABAD
Charitable Trust - Commercial Training or Coaching Service - The appellant is a Public Charitable Trust and the service tax has been demanded on the fees collected by them towards tuition fees for Eng . . . . .

Service Tax - 2010 - TMI - 35217 - CESTAT, NEW DELHI
Waiver of penalty – Section 80 – held that - In the present case, the respondent provided the services to M/s. Goodlass Nerolac Paints Ltd. on the basis of the proper documents, which were duly record . . . . .

Service Tax - 2010 - TMI - 35216 - CESTAT, NEW DELHI
Transport of employees in bus – tour operator - appellant carries employees of Rajasthan State Mines & Minerals Ltd. through its buses from Udaipur to Jhamarkotra, Jhamarkotra to Kharwachanda and vice . . . . .

Service Tax - 2010 - TMI - 35215 - CESTAT, NEW DELHI
Tour Operator – without tour permit – Booking of tickets – held that - when law itself was not in force to tax consideration received for booking tickets for a principal when para 4 of the order-in-or . . . . .

Service Tax - 2010 - TMI - 35214 - CESTAT, AHMEDABAD
Period of limitation of one year – Demand of service tax - appellants submits that service tax for the period 2001-02 to 2004-05 stands confirmed against them by way of issuance of show cause notice o . . . . .

Service Tax - 2010 - TMI - 35213 - CESTAT, AHMEDABAD
Stock Broker – Fees for depositors - whether the amount recovered by the appellant from their customers and fees paid to the depositors would be an admissible deduction from the value of the service o . . . . .

Service Tax - 2010 - TMI - 35212 - CESTAT, MUMBAI
Import of Service – Receipt of technical know-how and assistance from Japanese Company during the period September - October, 2004 for the purpose of manufacturing motorcycles in India - The appellant . . . . .

Service Tax - 2010 - TMI - 35177 - CESTAT, MUMBAI
Composite Penalty under service tax – Section 76, 77 and 78 – waiver u/s 80 - assessee had paid up the service tax with interest prior to issue of show-cause notice - The original authority had impose . . . . .

Service Tax - 2010 - TMI - 35176 - CESTAT, NEW DELHI
Penalty for late payment of service tax filing of service tax return delayed – section 76, 77 and 78 – Waiver u/s 80 – Management Consultancy Services – held that - Section 80 of the Finance Act, 1994 . . . . .

Service Tax - 2010 - TMI - 35175 - CESTAT, AHMEDABAD
Documents for availing cenvat credit - credit taken on invoices in the name of the head office and subsequently endorsed by the head office – CIT(A) allowed the credit stating that the credit taken on . . . . .

Service Tax - 2010 - TMI - 35174 - CESTAT, MUMBAI
Cenvat Credit – Input Services – GTA – Outward Transportation - held that - appellant availed GTA service for outward transportation of liquefied gases (final products) from their factory to buyers’ . . . . .

Service Tax - 2010 - TMI - 35173 - HIGH COURT OF KARNATAKA
Finality of decision of the Larger Bench - The Tribunal, has dismissed the Appeal of the Revenue relying upon a Larger Bench judgment, rendered by the Tribunal in the case of Larsen & Toubro Limited v . . . . .

Service Tax - 2010 - TMI - 35163 - CESTAT, BANGALORE
Business Auxiliary Service – Call Centre Service – Notification no. 8/2003 - The appellants have shown that they had rendered a call centre services to State Electricity Board. Learned advocate invite . . . . .

Service Tax - 2010 - TMI - 35162 - CESTAT, NEW DELHI
Extended period of limitation – known facts to the revenue – held that - There is no dispute that the appellant has paid Central Excise duty on the goods manufactured and supplied to the Railways. It . . . . .



Case Laws - Central Excise Cases

Central Excise - 2010 - TMI - 35249 - DELHI HIGH COURT
Facility of monthly payment of duty – rule 8(2) of the Central Excise Rules, 2002 - Payment of excise duty by utilization of CENVAT credit as provided under rule 3(4) of the CENVAT Credit Rules, 2004, . . . . .

Central Excise - 2010 - TMI - 35246 - PUNJAB AND HARYANA HIGH COURT
Trade Notice – Whether retrospective or prospective in nature – whether mens-rea is necessary to impose penalty - Interpretation of Rule 96ZO(3) of erstwhile central excise Rules, 1944 – penalty – hel . . . . .

Central Excise - 2010 - TMI - 35200 - CESTAT, NEW DELHI
CENVAT credit – Deemed Credit – Job Work - The original authority in both the situations, held that the respondents were not eligible for deemed credit on the processed texturised fabrics received fro . . . . .

Central Excise - 2010 - TMI - 35199 - CESTAT, AHMEDABAD
Demand – extended period of limitation – held that - the earlier decision of the Tribunal as also the fact of other assessees similarly situate not paying any duty on such drill rods are sufficient re . . . . .

Central Excise - 2010 - TMI - 35196 - CESTAT, AHMEDABAD
Issue of Invoice – non supply of inputs – personal penalty – held that - such supply of invoices without the actually supply of raw material would not invite penal action in terms of Rule 209A (erstwh . . . . .

Central Excise - 2010 - TMI - 35195 - CESTAT, AHMEDABAD
Demand – Extended Period of limitation – P & P medicaments - The appellants have claimed the classification of the same under heading 3003.10 of Central Excise Tariff Act - , Revenue’s contention is t . . . . .

Central Excise - 2010 - TMI - 35194 - CESTAT, AHMEDABAD
Demand – Extended period of limitation – Revenue came to the conclusion that the product Iso-heptane cleared by the appellant satisfies the conditions for classification of the same under chapter 2710 . . . . .

Central Excise - 2010 - TMI - 35192 - CESTAT, MUMBAI
Molasses – Demand - appellants had taken Cenvat Credit of the duty paid on molasses by the manufacturer - The appellant was the procurer of molasses. According to the revenue, they were not entitled t . . . . .

Central Excise - 2010 - TMI - 35184 - SUPREME COURT OF INDIA
Valuation – Interest on Differential duty – appreciation in price - . In case of Tata Motors, orders were placed through internet under a software system known as "SRM". Since price difference arose b . . . . .

Central Excise - 2010 - TMI - 35165 - CESTAT, AHMEDABAD
Classification - held that - the chemical tests have not been conducted as per the standard; the Chemical Examiner was not aware of the correct standards; - the laboratory tests conducted by the respo . . . . .

Central Excise - 2010 - TMI - 35164 - CESTAT, CHENNAI
Erection of boiler – manufacture – duty liability - CVL had cleared the boiler in SKD/CKD condition including its accessories on payment of duty – held that - . In both the final orders, the Tribunal . . . . .

Central Excise - 2010 - TMI - 35160 - CESTAT, NEW DELHI
Non appearance – request for adjournment – held that - Advocate’s engagement in another Court is no ground for adjournment and the law in that regard is well settled, besides the fact that the matter . . . . .

Central Excise - 2010 - TMI - 35159 - CESTAT, NEW DELHI
Classification - “Chaman Bahar Powder” and “Pono Cream” - Manufacturer claimed both under sub-heading no. 2001.10 eligible for exemption Notification No. 2/94-C.E – Department classified both under su . . . . .

Central Excise - 2010 - TMI - 35158 - CESTAT, AHMEDABAD
Belated payment of excise duty before issuance of SCN – interest and penalty - the demand for interest of Rs. 2,80,015/- was confirmed and penalty of Rs. 70,000/- was imposed on 20-12-2005 – transfer . . . . .

Central Excise - 2010 - TMI - 35157 - CESTAT, AHMEDABAD
Restoration of appeal after 10 years - appeal before tribunal - held that - Applicant having allowed the appeal to remain buried for a period of 10 years cannot seek revival of the same after such a l . . . . .

Central Excise - 2010 - TMI - 35153 - CESTAT, CHENNAI
Manufacture - manufacture and clearance of shikakai powder and arapputhool – held that - the activity of pulverisation of shikakai constituted manufacture - Shikakai powder is excisable. It is classif . . . . .

Central Excise - 2010 - TMI - 35133 - CESTAT, BANGALORE
Parts of Refrigerator – Classification – demand based on later circular -Clamps, Plate Panel, Washers, Connector pin, Rotor Cover, Support Shelf for freezer, Heater protector, Clip-knob, Buffel cover, . . . . .

Central Excise - 2010 - TMI - 35131 - CESTAT, AHMEDABAD
Additional Grounds – New Plea – Legal issue – department submits that the case was made out against the appellants 33 years back and no such plea was ever raised before adjudicating authority. He furt . . . . .

Central Excise - 2010 - TMI - 35128 - CESTAT, MUMBAI
Concessional rate of duty - Building Block - Paver Blocks and other articles falling under Heading 6810 - Notification No. 10/2003-C.E., dated 1-3-2003 – held that - that the paver blocks in question, . . . . .

Central Excise - 2010 - TMI - 35127 - CESTAT, BANGALORE
Drawn on Samples – Testing – held that - In any case, when a reputed company which has also been recognized by the Ministry of Commerce and Industries has given the test report and when that test repo . . . . .



Case Laws - Customs Cases

Customs - 2010 - TMI - 35252 - DELHI HIGH COURT
Prosecution under section 132 of the Customs Act, 1962 - a person who is neither exporter nor importer – whether merely suggesting name of CHA could lease to prosecution – whether visit of custom off . . . . .

Customs - 2010 - TMI - 35227 - High Court of Madras
Demand on the ground of violation of conditions of notification no. 21/2002-Cus dated 1.3.2002 at the time of import - After performing the contract work of drilling, the importer re-exported the ship . . . . .

Customs - 2010 - TMI - 35225 - HIGH COURT OF MADRAS
Suspension of processing of claim of duty drawback claim - The respondent had kept the said drawback claim in abeyance without processing the same on the grounds that the department had received a let . . . . .

Customs - 2010 - TMI - 35198 - CESTAT, CHENNAI
Valuation – Transaction Value - Adjudicating allegations of misdeclaration of description, value and import contravening prohibition in the Foreign Trade (Development and Regulation) Act, the Commissi . . . . .

Customs - 2010 - TMI - 35197 - CESTAT, AHMEDABAD
Tariff Value – Import of Brass Scrap - Notification No. 36/2001-Cus. (N.T.) – held that - No doubt that brass scrap was not one of the disputed items before the Hon’ble High Court and no reference sta . . . . .

Customs - 2010 - TMI - 35193 - CESTAT, CHENNAI
EOU – Sale of goods to DTA (Domestic Tariff Area) - Notification No. 23/03-C.E., dated 31-3-2003 - notification exempted goods manufactured wholly from imported (sic) [indigenous] raw materials and cl . . . . .

Customs - 2010 - TMI - 35166 - CESTAT, KOLKATA
Duty Drawback – fixation of duty draw back - the Commissioner in exercise of powers under Rule 6 of the Customs and Central Excise Duties Drawback Rules, 1995 has rejected the claim of the appellants . . . . .

Customs - 2010 - TMI - 35152 - CESTAT, CHENNAI
DEPB – fake and forged licences – demand and recovery – period of limitation – held that - Although the Commissioner has recorded a finding in para 5.22 of the impugned order that the importers had co . . . . .

Customs - 2010 - TMI - 35151 - CESTAT, BANGALORE
Determination of Rate of export duty – relevant date - At the time of filing of the shipping bills, only Cess was leviable on Export of Iron ore. However on 1-3-2007, an Export duty was imposed and by . . . . .

Customs - 2010 - TMI - 35134 - CESTAT, CHENNAI
Refund – Bill of entry – provisional assessment – relevant document for refund – The claim was however rejected on the ground that the triplicate copy of the Bill of Entry was not filed along with the . . . . .

Customs - 2010 - TMI - 35132 - CESTAT, MUMBAI
Non-fulfillment of export obligation – admitted fact – notification no. 13/81 – payment of duty at depreciated value - held that - In view of this admitted position of non-fulfilment of export obligat . . . . .

Customs - 2010 - TMI - 35125 - CESTAT, BANGALORE
Exemption to mobile phone parts – Parts/ accessories of CDMA mobile phones - importer claimed the classification of goods under CTH 85259090 which applies to parts suitable for use solely or principal . . . . .

Customs - 2010 - TMI - 35122 - CESTAT, NEW DELHI
Exemption under notification no. 21/2002 Cus dated 1.3.2002 - The Ventilator system - Ventilator used with anesthesia apparatus - predominance of anesthesia function – held that - The Department wants . . . . .

Customs - 2010 - TMI - 35121 - HIGH COURT OF MADRAS
Import of Betul Nut – Restriction – constitutional validity – Notification no. 25 (Re-2007)/2004-2009 dated 29-8-2007 - Article 14, 226 of the constitution of India - held that – object of restrictio . . . . .

Customs - 2009 - TMI - 35115 - CESTAT, MUMBAI
Smuggling of foreing currency – non declaration – confiscation, redemption fine and penalty – held that - Section 77 mandates that the owner of any baggage shall, for the purpose of clearing it, make . . . . .

Customs - 2009 - TMI - 35112 - CESTAT, CHENNAI
Valuation – Import of second hand photocopier – chartered engineer’s certificate – enhancement in value – held that - the valuation done by M/s. SGS India Pvt. Ltd. is liable to be accepted as fair an . . . . .

Customs - 2009 - TMI - 35038 - CESTAT, NEW DELHI
Valuation - Undervaluation - Polyester knitted fabrics imported at the price US $ 1.4 per kg. - NIDB data indicates the value of knitted fabrics US $ 2.5 per kg. - held that - that the price cannot b . . . . .

Customs - 2009 - TMI - 35035 - HIGH COURT OF BOMBAY
Pilfered goods - Duty liability - Duty liability of custodians of imported goods before clearance - held that - Section 45(3) of Customs Act, 1962 inserted to provide for recovery of duty from person . . . . .

Customs - 2009 - TMI - 35034 - HIGH COURT OF MADRAS
Discrimination - Ban on export of maize - Violation of Article 14 - fundamental right - Foreign Trade Policy (FTP) - Notification of the Government dated 5-7-2008 is self-explanatory, which makes it . . . . .

Customs - 2009 - TMI - 35027 - CESTAT, AHMEDABAD
Filing of an Appeal - wrong jurisdiction - period of limitation - held that - time spent before the wrong forum should not be taken into consideration while calculating the limitation. In the present . . . . .



 
 
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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