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Recent Case Laws - Income Tax Cases

  • 2014 (10) TMI 588 - ALLAHABAD HIGH COURT

    M/s. Commercial Auto Sales Pvt. Ltd. Versus Commissioner of Income Tax, Allahabad

    Income Tax - Application of res-judicata – Justification of remitting the matter to AO – Held that:- Since the issues have been set aside for fresh adjudication by the AO the grounds of appeal challenging the confirmation of the disallowances are not correct - the CIT(A) has observed that as per counsel of the assessee, the issue required further investigation and the AO had no objection to the restoration of these issued for fresh examination - during the course of the arguments, both the parties have agree.....

  • 2014 (10) TMI 587 - BOMBAY HIGH COURT

    Commissioner of Income Tax-2, Mumbai Versus M/s. Indusind Bank Ltd.

    Income Tax - Interest from security received as income - Principle of consistency – Held that:- The Tribunal had applied and followed its order in the case of the same assessee for prior AY 2000-01 - the only question of law projected as substantial one, cannot be entertained - A pure factual finding cannot be re-appreciated and reapprised - That finding has been consistently rendered by the Tribunal and for prior assessment years in the case of the very assessee - If the Tribunal follows and applies it on t.....

  • 2014 (10) TMI 586 - PUNJAB & HARYANA HIGH COURT

    Commissioner of Income Tax Versus M/s. Foremost International Pvt. Ltd.

    Income Tax - Effect of amendment u/s 40(a)(ia) w.e.f. 1.4.2010 - TDS deducted deposited after 31.5.2005 – Contractor's payment and professional expenses made after due date - Held that:- Tribunal was rightly of the view that relying upon CIT Vs. Virgin Creations [2011 (11) TMI 348 - CALCUTTA HIGH COURT] - if payment of TDS is made before the due date of filing of the return as envisaged u/s 139(1), addition could not be made - Since the payment of balance amount of TDS has been made in the month of June, 200.....

  • 2014 (10) TMI 585 - PUNJAB & HARYANA HIGH COURT

    Commissioner of Income Tax (Central) Versuas Sh. Sandeep Jain C/o. Ludhiana Steel Rolling Mills

    Income Tax - Validity of rectification order – Amount seized u/s 132 - Advance tax constitutes the existing liability as per specific provision of Section 132B or not – Held that:- The Tribunal has answered the question of chargeability of interest, against the revenue by relying upon Commissioner of Income-tax Versus Ashok Kumar [2010 (9) TMI 771 - Punjab and Haryana High Court] – the assessee is entitled to adjustment of seized amount towards advance tax liability from the date of making the application in.....

  • 2014 (10) TMI 584 - PUNJAB & HARYANA HIGH COURT

    Satnam Singh Versus Commissioner of Income Tax-II, Jalandhar

    Income Tax - Assessment order u/s 144 – Ex-parte order - Proper explanation made for non-appearance - Held that:- Assessee submitted that an application for adjournment was sent on 16.7.2012 as the counsel was not in a position to appear on 18.7.2012, the date fixed in the appeal due to problem in the back whereas the Tribunal has wrongly recorded that no request for adjournment was made - The non-appearance of the counsel on 18.7.2012 was unintentional and beyond his control - the reason given for non-appe.....

  • 2014 (10) TMI 583 - PUNJAB & HARYANA HIGH COURT

    Chandan Gupta Versus Commissioner of Income Tax, Ludhiana

    Income Tax - Addition u/s 68 – Income already shown as income under capital gains – Genuineness of transaction of sale and purchase of shares – Held that:- The Tribunal was rightly of the view that the assessee had manipulated the accounts - no sale or purchase of the shares was done by the assessee but only entries of the capital gains were given to the assessee on receipt of cash payment - since the assessee had only filed copy of sale and purchase bill and showed inability to produce the broker, the AO wa.....

  • 2014 (10) TMI 582 - PUNJAB & HARYANA HIGH COURT

    Smt. Monica Thapar Versus Commissioner of Income Tax

    Income Tax - Income disclosed under Voluntary Disclosure of income Scheme 1997 - invocation of section 69A – Failure to justify source of investment – Held that:- Tribunal was rightly of the view that where the assessee has failed to offer an explanation about the nature and source of acquisition of the items of jewellery in financial year 1986-87, statutory presumption provided u/s 69A of the Act comes into play and the value of the jewellery is deemed to be income of the assessee for the financial year 199.....

  • 2014 (10) TMI 581 - PUNJAB & HARYANA HIGH COURT

    Commissioner of Income Tax-I Versus M/s. Christian Medical College

    Income Tax - Entitlement for registration u/s 80G(5) – Primary aim of Society charitable or not – Society used to train Christian men and women as health professionals – Held that:- The Tribunal was rightly of the view that the assessee was registered as a charitable institution u/s 12A of the Act and the registration granted thereunder was valid even for the current AY - The primary aim of the assessee society was to train men and women as health professionals in the spirit of Jesus Christ and the facility .....

  • 2014 (10) TMI 580 - BOMBAY HIGH COURT

    The Commissioner of Income Tax-19, Mumbai Versus Shailaja S. Hemdev

    Income Tax - Scope of income from house property u/s 23(1)(a) - Whether the Tribunal was justified in holding that the notional interest income free security deposit and advance rent cannot be included in the income from property for the purpose of section 23(1)(a) – Held that:- The notional interest on security deposits cannot be taken into consideration for determining and computing the annual letting value, is to be decided against the revenue - Relying upon Commissioner of Income Tax V/s. J.K. Investors .....

  • 2014 (10) TMI 579 - DELHI HIGH COURT

    Commissioner of Income Tax-III Versus Sona Mobility Services Ltd.

    Income Tax - Imposition of penalty u/s 271(1)(c) – Various additions made by AO - Held that:- The first addition made by the AO pertains to ad hoc disallowance out of various expenses debited in the P&L account - This disallowance has been made by the AO on the ground that in the immediately preceding year, the ratio of the expenses qua the total receipts is on the lower side in terms of percentage - This year, it has been increased and assessee failed to show the reasons for such an increase - it is an ad h.....

  • 2014 (10) TMI 578 - CALCUTTA HIGH COURT

    Mcleod Russel India Ltd. Versus CIT, West Bengal-II

    Income Tax - Computation of value of fringe benefits - Inclusion of expenses in the taxable value of fringe benefit - Assessee engaged in the business of growing, manufacturing and sale of tea – Held that:- Following the decision in CIT vs. Doom Dooma India Ltd. [2009 (2) TMI 9 - SUPREME COURT] - the amount of expenditure incurred by the assessee in extending fringe benefits to its employees was not solely for the purpose of business - The expenditure incurred is both for the purpose of business and for the .....

  • 2014 (10) TMI 577 - BOMBAY HIGH COURT

    The Commissioner of Income Tax Versus MIRC Electronics Ltd.

    Income Tax - Maintainability of appeal - Miscellaneous application u/s 254(2) – Rectification of mistake apparent from record - Whether the order on the rectification application is traceable to section 254(1) of the I.T. Act or the same is passed under section 254(2) of the I.T. Act – Held that:- There is a fundamental error on the part of the revenue in submitting that the order under challenge is a consequential one and, therefore, appealable - once a party has challenged the order of the Tribunal on an a.....

  • 2014 (10) TMI 576 - ANDHRA PRADESH HIGH COURT

    M/s. L. Giridharilal And Co. Versus Income Tax Officer

    Income Tax - Penalty u/s 271(1)(c) – Explanation submitted by assessee satisfactory or not – 200% of penalty levied of the value of gold seized by AO which CIT(A) reduced to 100% - Value of gold treated as undisclosed income u/s 69A – Gold seized during search u/s 132 – Held that:- The assessee’s case falls into sub-clause (b) - by the time the search was undertaken, the assessee had time to file returns, and as a matter of fact, the returns were filed on 30.09.1986, wherein the income through which the seiz.....

  • 2014 (10) TMI 575 - MADRAS HIGH COURT

    Commissioner of Income Tax Versus M/s. Shri Vishnu Shankar Mills Ltd.

    Income Tax - Issues not raised before Tribunal – Held that:- The issues which are not raised before the Tribunal could not be raised in front of HC – thus, the primary three issues needs to be set aside – Decided against revenue. Classification of expenses – Revenue expenses or not - Amount paid to Rajapalayam Mills Ltd. for the purpose of construction of Kalyanamandapam - Held that:- Assessee paid an amount to the workers on the occasion of Founder's day Centenary Celebration and that was treated as reve.....

  • 2014 (10) TMI 574 - ANDHRA PRADESH HIGH COURT

    Commissioner of Income Tax Versus M/s. United Fish Nets

    Income Tax - Capital gain u/s 45 - Transfer of assets from partnership firm to Private limited company – Taxability u/s 45(4) - Held that:- Under the Income Tax Act, a firm can be charged as a distinct assessable entity as distinct from its partners who can also be assessed individually - Following the decision in Commissioner of Income-Tax Versus Texspin Engineering And Manufacturing Works [2003 (3) TMI 56 - BOMBAY High Court] - an existing firm was transformed into a company under Part IX of the Indian Com.....

  • 2014 (10) TMI 573 - GUJARAT HIGH COURT

    Gunjan Girishbhai Mehta Versus Director of Investigation

    Income Tax - Validity of authorization of issue u/s 132 – Notice issued u/s 158BD – Petition filed in the name of individual persons and not in the capacity of heirs of deceased person - Held that:- So far as challenge to the warrant of authorization issued u/s 132 of the Act and to quash the assessment order dated 11.09.2003 framed u/s 158BC of the Act is concerned, it is mainly on the ground that the warrant of authorization issued u/s 132 of the Act was in the name of a dead person i.e. Late Shri Girishbh.....

  • 2014 (10) TMI 572 - KARNATAKA HIGH COURT

    Commissioner of Income-tax, Central Circle Versus Jayesh S. Mehta

    Income Tax - Estimation of GP @ 2% of average of subsequent three years - Whether the Tribunal was correct in holding that the net profit should be estimated at 2% of the turnover, as against computation of undisclosed income by the AO based on the deposits discovered in search in undisclosed bank accounts in respect of suppressed sales – Held that:- The Tribunal was rightly of the view that when the FAA is relying on comparable cases, first there should be factual foundation showing the total turnover of t.....

  • 2014 (10) TMI 571 - KARNATAKA HIGH COURT

    Commissioner of Income-tax, Mangalore Versus Santosh Kumar Shetty

    Income Tax - Effect of amendment u/s 40(a)(ia) w.e.f. 01.04.2010 – Retrospective in nature or not – Held that:- Following the decision in CIT Vs. Alom Extrusions Limited [2009 (11) TMI 27 - SUPREME COURT] - the amendment made by the Finance Act 2010 allows additional time upto the due date of filing of the return in respect of even those instances where TDS has been deducted during the first eleven months of the previous year - The additional time till the due date of filing of the return, in case of TDS mad.....

  • 2014 (10) TMI 570 - GUJARAT HIGH COURT

    Belgium Glass & Ceramics (P.) Ltd. Versus Deputy Commissioner of Income-tax

    Income Tax - Stay application - Demand raised by Excise department – Held that:- As decided in assessee’s own case in Belgium Glass And Ceramics (P) Ltd. Versus Union of India [2013 (8) TMI 123 - GUJARAT HIGH COURT] and with respect to the demand raised by the Excise Department with respect to the very transaction by which the Division Bench has stayed the demand raised by the Excise Department during pendency of the appeal before the CESTAT on condition that the assessee shall deposit 10% of the total deman.....

  • 2014 (10) TMI 549 - SUPREME COURT

    M/s. Nahalchand Laloochand Pvt. Ltd. Versus Assistant Commissioner of Income Tax And Others

    Income Tax - Scope of term owner of house property u/s 27(iiib) – Pre-requisites of Section 269UA(f)(i) - Whether the tenants from month to month or which are for a period not exceeding one year are excluded from the definition - Held that:- Neither the order of the Tribunal nor the order of the High Court indicate any consideration in respect of the house property named Kanti Lal House except observing that the assessee has been a tenant for a long period and that it had let out the premises - No definite f.....

Recent Case Laws - Wealth tax Cases

  • 2014 (10) TMI 435 - ITAT MUMBAI

    ST. Holding Pvt. Ltd. Versus Assistant Commissioner of Wealth Tax

    Wealth tax - Valuation of property - Section 2(ea) of Wealth Tax Act, 1957 - whether security taken for lease of asset would be treated as debt - Held that:- a security deposit taken by the assessee-lessor leads to an inflow of funds with it. He is thus without doubt better placed than a person not a receipt of the security deposit, result as it does in a corresponding increase in his cash/bank balance, which could be profitably deployed/invested. Of course, there is a concomitant liability to repay the deb.....

  • 2014 (10) TMI 403 - ANDHRA PRADESH HIGH COURT

    The Commissioner of Wealth Tax, Andhra Pradesh-I, Hyderabad Versus Trustees of Prince Moazam Jah Trust, Hyderabad

    Wealth tax - Determination of share of beneficiaries in a trust for the purpose of wealth tax - Applicability of section 21(4) - Whether the Tribunal is correct in holding that the Trust is a specific one and that the beneficiaries are known and their shares are determinate – Held that:- The basic principle requisite condition that has to be satisfied is that the shares of the persons on whose behalf or for whose benefit any such assets are held are indeterminate or unknown, the wealth-tax shall be levied up.....

  • 2014 (8) TMI 768 - ITAT MUMBAI

    WTO-8(3) (2), Mumbai Versus M/s. SN. Desai Hospitalities & Developers Pvt. Ltd.

    Wealth tax - Deletion the value of the land for Wealth Tax - Exempt u/s 2(2ea)(ii) - Whether CWT(A) erred in directing the AO to delete the value of the land for Wealth Tax purposes as being exempt ujs. 2(2ea)(ii) of the W. T. Act, without appreciating the findings of the AO in the assessment order - Held that:- it is clear that if on a plot of land construction of a building is not permissible under any law then the said plot of land could not form part of urban land or the asset to be taxed under the Act. .....

  • 2014 (7) TMI 543 - SUPREME COURT

    Amrit Banaspati Co. Ltd. Versus Commissioner of Wealth-Tax

    Wealth tax - Valuation of assets being a residential flat - Rule 3 to 7 of Schedule III of the Wealth-Tax Act, 1957 - scope of the term 'practicable' - wide variation between alleged market value as determined by the Departmental Valuation Officer and the value as disclosed by the assessee - Held that:- the word "practicable" is to be construed widely - if in the opinion of the AO, if the value determined by the tax payer on the basis of Rules 3 to 7 is absurd or has no correlation to the fair market value.....

  • 2014 (5) TMI 286 - SUPREME COURT

    Commissioner of Wealth Tax, Rajkot Versus Estate of Late HMM Vikramsinhji of Gondal

    Wealth tax - Computation of taxable income and taxable wealth of discretionary trust - estate of the deceased Settlor - legal position about the discretionary trust - assessment years 1964-65 to 1970-71 and assessment years 1970-71 to 1982-83 - Held that:- A discretionary trust is one which gives a beneficiary no right to any part of the income of the trust property, but vests in the trustees a discretionary power to pay him, or apply for his benefit, such part of the income as they think fit. The trustees m.....

  • 2014 (3) TMI 410 - ALLAHABAD HIGH COURT

    Commissioner of Wealth Tax (Appeals) Versus Deepak Verma

    Wealth tax - Deletion of penalty U/s. 18(1)(c) of the W.T. Act - Voluntary filing of particulars - Validity of tribunal's order - Held that:- The Tribunal has furnished reasons for deletion of the penalty. The Tribunal has noted that the assessee had adopted the cost index prescribed for computation of capital gains whereas the Assessing Authority had adopted the circle rate fixed by the registering authority for stamp duty purposes, in determining the valuation. When the matter travelled to the CIT(A), the .....

  • 2014 (2) TMI 1005 - ANDHRA PRADESH HIGH COURT

    The Commissioner of Wealth Tax Versus The Trustees of HEH the Nizams Jewellery Trust Rep. Sb. Zaheeda Begum Fund

    Wealth tax - Valuation of assets under Wealth tax - Whether Tribunal was justified in Fixing the value of the beneficial interest in the corpus at 50% of the value fixed by the valuer on the alleged grounds of uncertainties, hazards and risks of litigation, etc.? - Held that:- Tribunal is the last fact finding authority and the High Court in exercise of its jurisdiction under Section 27 of the Act and Section 256 of the Income Tax Act has to accept the finding as recorded by the Tribunal as correct unless a .....

  • 2014 (2) TMI 961 - ALLAHABAD HIGH COURT

    The Commissioner of Wealth Tax Versus Mr. Kishan Lal

    Wealth tax - Valuation of the right to receive compensation - whether the value of enhanced compensation awarded to the assessee in includible under wealth tax assessment - Held that:- Following the decision of Hon'ble Supreme Court in the case of CIT vs. Ghanshyam, [2009 (7) TMI 12 - SUPREME COURT], decided in favor of assessee......

  • 2014 (1) TMI 516 - ALLAHABAD HIGH COURT

    Shri Sri Chand Jain HUF Versus Commissioner of Wealth Tax & Others

    Wealth tax - Liability to wealth tax - whether the grove land situate in urban area on which no construction was permissible would come within the expression of 'urban land' under Section 2 (b) of the Wealth Tax Act 1957 - Held that:- without disclosing the fact that the present appeals have been entertained by the High Court, and a date has been fixed for hearing, the appellant pursued the matter in Tribunal, to rectify the order to his benefit on the question of assessment. He also did not inform the Tribu.....

  • 2014 (1) TMI 461 - PUNJAB & HARYANA HIGH COURT

    Hans Raj (HUF) Versus The Commissioner of Wealth Tax, Patiala

    Wealth tax - Jurisdiction under Section 18-B - Imposition of penalty - Deposit of wealth tax after due date - Held that:- A perusal of Section 18B of the 1957 Act would reveal that it commences with a non-obstante clause thereby indicating that while considering a prayer for reduction/waiver of penalty, a Commissioner shall consider such factors as are enumerated in Section 18-B of the 1957 Act and no other factor. A perusal of the impugned order, reveals that factors enumerated in Section 18-B of the 1957 A.....

Recent Case Laws - Service Tax Cases

  • 2014 (10) TMI 607 - CESTAT BANGALORE

    M/s NITIN MANPOWER & SECURITY SERVICES Versus Commissioner of Central Excise, Customs and Service Tax, BELGAUM

    Service Tax - Waiver of pre deposit - Manpower recruitment and supply agency’s service - penalties under Section 77 & 78 - Held that:- Issue involved requires consideration of the contract, decisions relating to reimbursement of expenses of various High Courts and Tribunals, definition of ‘manpower supply service’ as applicable to the facts of this case, facts as to whether extended period could have been invoked, etc. which can be done at the time of final hearing. At this stage, we consider that the amount .....

  • 2014 (10) TMI 606 - CESTAT NEW DELHI

    Bharat Sanchar Nigam Ltd. Versus CCE & ST, Jaipur-II

    Service Tax - Reversal of differential duty of 50% of CENVAT credit - Benefit of Section 80 - Held that:- Since there is direct judgement on the issue in the case of Ceolric Services [2011 (2) TMI 764 - CESTAT, BANGALORE] remanding the matter to the adjudicating authority, I set aside the impugned order and remand the matter back to the adjudicating authority for reconsideration in view of provisions of Rule 7C of the Rules and after verification of the records. This has to be done as ld. Advocate has contend.....

  • 2014 (10) TMI 605 - CESTAT CHENNAI

    WIPRO LTD Versus COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE, PONDICHERRY

    Service Tax - Waiver of pre deposit - Information Technology services - service consumed in SEZ - Held that:- In the case of Adani Power Ltd. (2014 (1) TMI 200 - CESTAT AHMEDABAD), unconditional stay was granted on the ground that the Notification No.4/2004-ST dt. 31.3.2004 specifically extended to the consumption of taxable service of any description to a developer of Special Economic Zone or any unit in any Special Economic Zone for consumption of the services within such Special Economic Zone. The other is.....

  • 2014 (10) TMI 604 - CESTAT MUMBAI

    OBEROI MALL LTD. Versus COMMISSIONER OF SERVICE TAX, MUMBAI

    Service Tax - Waiver of pre deposit - Eligibility of Cenvat Credit - construction of an immovable property - Held that:- in the case of Sai Sahmita Storages (P) Ltd. [2011 (2) TMI 400 - ANDHRA PRADESH HIGH COURT] and this tribunal in the case of Navratna S.G. Highway Pro. (P) Ltd. [2012 (7) TMI 316 - CESTAT, AHMEDABAD] has held that Cenvat Credit of service tax paid on input services used in the construction of immovable property would be available if such immovable property is used for rendering other taxabl.....

  • 2014 (10) TMI 603 - CESTAT MUMBAI

    COBRA INSTALACIONES Y. SERVICIOS SA. Versus COMMISSIONER OF C. EX., NASHIK

    Service Tax - Penalty u/s 78 - erection, commissioning and installation services - Held that:- During the impugned period, Service Tax was payable on receipt basis. Therefore the allegation of the ld. AR that the appellant has utilised the Service Tax is not sustainable in the facts that still the appellant has not received 100% remuneration of the services provided by them. We further find that the appellant have calculated the liability on accrual basis and paid Service Tax payable along with interest as po.....

  • 2014 (10) TMI 602 - CESTAT NEW DELHI

    COMMISSIONER OF C. EX. & ST., BHOPAL Versus KK. KEDIA

    Service Tax - Adjustment of tax - Management and repair services - money deposited by the respondent in the old Service Tax registration code belonging to the partnership firm - Held that:- Admittedly, the Service Tax was wrongly deposited in a wrong code belonging to partnership firm which was dissolved at the relevant time. As such, it is a mistake on the part of the respondents which is required to be rectified and the amount deposited in the partnership firm is required to be adjusted in the assessee’s re.....

  • 2014 (10) TMI 601 - CESTAT NEW DELHI

    BHARAT SANCHAR NIGAM LTD. Versus COMMISSIONER OF SERVICE TAX, DELHI

    Service Tax - Denial of remission claim - adjustment of the excess service tax deposited - Authority rejected the claim for availing the benefit of this deposit on the ground that the assessee had filed only a photocopy of the internet banking challan dated 31-3-2008 without attestation - Held that:- Adjustment claimed of the excess service tax remitted just about 9 months prior to the due date on which the service tax liability accrues cannot be rejected on the basis of conditions spelt out in Rule 6(4A) and.....

  • 2014 (10) TMI 595 - RAJASTHAN HIGH COURT

    Sarvodaya Suitings Ltd. Versus Union of India

    Service Tax - Waiver of pre deposit - Business Support Service - petitioner was having two divisions, namely, Textile Division and Online Business Marketing Division ('SOBM'). In Textile Division, three units were engaged in multi level marketing of various types of goods. It was observed that SOBM were making payment of commission to their distributors after deduction of renewal fees and card charges; and the amount so deducted was taken as liable to service tax w.e.f. 2005-06 under the category of "Business.....

  • 2014 (10) TMI 569 - CESTAT NEW DELHI

    CCE & ST, Meerut-II Versus Shri Krishna Swaroop Agarwal

    Service Tax - Valuation of service - Inclusion of cost of spare parts or accessories or consumable such as lubricants and coolants provided/used during servicing of the vehicles - Authorized Service Station service - Held that:- Board Circular No. 96/7/2007-ST dated 23.08.2007 states that service tax is not leviable on the transaction treated as sale of goods and subjected to levy of sales of sales tax/VAT. It is seen that as recorded by the Commissioner (Appeals), respondents were able to establish that amou.....

  • 2014 (10) TMI 568 - CESTAT NEW DELHI

    M/s CAPITAL BUILDERS Versus COMMISSIONER OF CENTRAL EXCISE, DELHI-II

    Service Tax - Valuation of the taxable service - inclusion of value of free supply - construction of commercial or industrial complex - abatement of 67% - exemption under Notification No. 15/2004-ST dated 10.09.2004, Notification No. 1/2006-ST dated 01.03.2006 or Notification No. 18/2005-ST dated 07.06.2005 - Held that:- adjudicating order in its discussion and finding portion has not devoted even a single line to discuss the includibility of the value of free supplies in the assessable value for the purpose.....

Recent Case Laws - Central Excise Cases

  • 2014 (10) TMI 599 - GUJRAT HIGH COURT

    Commissioner of Central Excise, Ahmedabad Versus Vishal Fabrics (P.) Ltd.

    Central Excise - Power of tribunal to grant stay beyond the total period of 365 days - extension of stay granted earlier - extension order should be speaking or not - Held that:-in case and having satisfied that delay in not disposing of the appeal within 365 days (total) from the date of grant of initial stay is not attributable to the appellant / assessee in whose favour stay has been granted and that the Appellate Tribunal is satisfied that such appellant / assessee has fully cooperated in early disposal of t.....

  • 2014 (10) TMI 598 - PUNJAB AND HARYANA HIGH COURT

    Commissioner of Central Excise, Chandigarh-I Versus Patiala Castings (P.) Ltd.

    Central Excise - Imposition of penalty - Failure to pay tax by due date - Held that:- provision for minimum mandatory penalty equal to the amount of duty even for slightest bonafide delay without any element of discretion is beyond the purpose of legislation. The object of the rule is to safeguard the revenue against loss, if any. The penalty has been provided in addition to interest. Mere fact that without mens rea, an can be punished or a penalty could be imposed is not a blanket power without providing for an.....

  • 2014 (10) TMI 597 - KERALA HIGH COURT

    Bharat Plywood & Timber Products (P.) Ltd. Versus Customs Excise & Service Tax Appellate Tribunal, New Delhi

    Central Excise - Prayer to quash demand notice - Held that:- 1st petitioner had preferred an appeal and an interim order had been passed. The appeal being a special bench appeal, there was a direction to transfer the same to CEGAT, New Delhi. Stay was also granted pending disposal of the appeal. There is no material to indicate that the appeal has been disposed of so far. Ext. P2, an answer to the query under the Right to Information Act, indicates that the Assistant Registrar of the 1st respondent Tribunal has .....

  • 2014 (10) TMI 596 - KARNATAKA HIGH COURT

    The Commissioner of Central Excise, Bangalore-II Versus M/s Solectron Centum Electronics Ltd.

    Central Excise - 100% EOU - reversal of Cenvat credit - assessee contended that the clearances were made against CT-3 certificate issued in terms of Notification No.22/2003 dated 31.03.2003 by the customs authorities and that such clearances made to EOUs/EHTPs have the status of deemed exports and therefore, there is no need to reverse the credit involved. - Held that:- EOU is entitled to procure goods duty free. Such procurement is permissible only subject to fulfillment of condition of the exemption notifica.....

  • 2014 (10) TMI 594 - CESTAT MUMBAI

    COMMISSIONER OF CENTRAL EXCISE, MUMBAI-II Versus M/s VENKATESH STEEL IND LTD

    Central Excise - CENVAT Credit - Credit taken on furnace oil - furnace oil used in manufacturing of job work goods which were cleared without payment of duty - Held that:- As the issue has been settled by the Hon'ble High Court of Bombay in the case of Sterlite Inds. [2004 (12) TMI 108 - CESTAT, MUMBAI] wherein it has been held that if the job worker has taken any input credit on furnace oil which has been used in the job work goods and same has been cleared without payment of duty but the principal manufacturer.....

  • 2014 (10) TMI 560 - ANDHRA PRADESH HIGH COURT

    Commissioner of Central Excise Versus M/s. Suvera Processed Foods Pvt. Ltd.

    Central Excise - CENVAT Credit - Exemption of fruit pulp - Held that:- credit taken on Inputs & packing materials viz. metal containers/cans lying in stock and contained in final products lying in stock - Even though final product may be exempt from payment of excise, the assessee cannot be asked to reverse the MODVAT/CENVAT credit already taken by it - A right accrued to the assessee on the date when they paid the tax on the raw materials or the inputs, that right would continue until the facility available the.....

  • 2014 (10) TMI 559 - CESTAT NEW DELHI (LB)

    Satyabrat Swain, M/s. Surya Polypack Pvt. Ltd. Versus Commissioner of Central Excise Meerut I

    Central Excise - Area Based Exemption - whether the non-filing of declaration in terms of notification would result in denial of benefit of notification - assessee filed the declaration on 14.3.2008. - difference of opinion - Majority order - Exemption notification No. 50/2003-CE - Bar of limitation - Held that:- the condition regarding filing of declaration in the prescribed format as prescribed in the first para of the Exemption Notification has been prescribed to prevent the mis-use this exemption and to enab.....

  • 2014 (10) TMI 558 - CESTAT MUMBAI

    COMMISSIONER OF CENTRAL EXCISE, PUNE-II Versus SUSHRUT SURGICALS PVT LTD

    Central Excise - Denial of the benefit of duty exemption - Notification 21/2002-Cus dated 01/03/2002 - "instruments and implants for severely physically handicapped patients and joint replacements and spinal implants including bone cement. - goods on which respondent claimed the exemption are Depth gauges, Impactors, Hammers, etc. - Held that:- Exemption covers both instruments and implants. The argument of the Revenue that instruments should also be implanted does not flow from the wordings of the entry. So lon.....

  • 2014 (10) TMI 557 - CESTAT CHENNAI

    Commissioner of Central Excise, Chennai-I Versus M/s. Kalpana Lamps and Components Ltd.

    Central Excise - Benefit of CENVAT Credit - manufacture of exempted and dutiable finished products - contravention of the provisions of Rule 57AD of the erstwhile Rules - Held that:- In the case of Burn Standard Co. Ltd. (2013 (2) TMI 35 - Madras High Court) the period of dispute was Apr.'08 to Dec.'08 under Rule 6 of the Cenvat Credit Rules. The Tribunal set aside the order and allowed the appeal by remanding the matter to the adjudicating authority to decide the matter afresh in the light of retrospective amen.....

  • 2014 (10) TMI 556 - CESTAT AHMEDABAD

    M/s SUN PHARMACEUTICALS INDUSTRIES LTD Versus COMMISSIONER OF CENTRAL EXCESS AND SERVICE TAX

    Central Excise - Reversal of CENVAT Credit - Assessee contends that excess amount of Cenvat Credit reversed by the appellant, where lesser Cenvat Credit was required to be reversed at the time of clearance of inputs as such, is required to be adjusted while calculating the correct demand of reversal of Cenvat Credit - Held that:- On the issue of reversal of Cenvat on inputs at the time of their clearance as such appellant is not agitating the issue on merits. However, it is the case of the appellant that excess .....

Recent Case Laws - Customs Cases

  • 2014 (10) TMI 593 - CESTAT BANGALORE

    M/s Transit Freight Forwarders Versus Commissioner of Central Excise, Customs and Service Tax, Thiruvannathapuram

    Customs - Misdeclaration of goods - Courier Agency service - Held that:- There is no categorical finding that the goods were different consignments, there is no evidence to support the claim that the goods were actually unaccompanied baggage and in the absence of details of consignments verified and found to be fictitious, we consider that at this stage itself the matter should be remanded to the original adjudicating authority for fresh adjudication. Further we also consider that since the appellants wer.....

  • 2014 (10) TMI 592 - CESTAT KOLKATA

    Shri Gopal Saha and Shri Gopinath Chaurasia Versus Commissioner of Customs, Patna

    Customs - Detention of goods - consignment consisting 30 bags of betel nuts - Goods appeared to be of foreign origin - validity of trade opinion - Imposition of penalty - Held that:- Goods were detained in this case on 25.09.2005, but Shri Gopinath Chaurasia, Prop. of M/s.Arti Enterprises and the consignee of the said goods submitted photocopy of the few bills after a period of about four months i.e. on 23.09.2005. He submitted that the payment in this case was made on 14.01.2006 i.e. much after the seizu.....

  • 2014 (10) TMI 591 - CESTAT BANGALORE

    3f INDUSTRIES LTD. Versus COMMISSIONER OF CUS., C. EX. & ST., GUNTUR

    Customs - Clearance of crude oil - whether the Crude Palm Oil imported by the appellant can be cleared availing exemption under Notification No. 12/2012, dated 17-3-2012 - Held that:- Taking note of the regulations and also taking note of the fact that appellants are expected to refine the oil and thereafter only release the oil into the market and therefore at the stage of import, the oil cannot be considered as a non-edible crude, Hon’ble High Court of Gujarat as well as the Hon’ble High Court of Calcut.....

  • 2014 (10) TMI 590 - CESTAT NEW DELHI

    PUNEET WOOLLEN MILLS Versus COMMISSIONER OF CUSTOMS, NEW DELHI

    Customs - Restoration of appeal - Bar of limitation - Held that:- It is not appreciated that a person becomes aggrieved only when the order to that effect sees light of the day. The order appealable emerges on 14-10-2008 which is apparent from page 12 of the appeal folder. Therefore, the appellant being aggrieved on that day i.e. 14-10-2008, the limitation for filing appeal shall be counted from that day, which was the date of communication about the final assessment of bill of entry by Customs. According.....

  • 2014 (10) TMI 555 - CESTAT MUMBAI

    M/s ST ENTERPRISE Versus COMMISSIONER OF CUSTOMS (ACC & IMPORT), MUMBAI

    Customs - Restoration of appeal - Waiver of pre-deposit - Non appearance of assessee despite of several notices - Held that:- Registry regularly issued hearing notice at the address given in the appeal memo. Even the stay order was dispatched at the same address given in the appeal memo. In these circumstances, we find that the conduct of the appellants shows that they are not interested in expeditious disposal of these appeals. During the argument, the appellants undertook to pay an amount of ₹ 50,.....

  • 2014 (10) TMI 554 - CESTAT KOLKATA

    Shri Vinod Agarwal and others Versus Commissioner of Customs (Prev.), WB.

    Customs - Confiscation and seizure of goods of foreign origin - Penalty u/s 112 - whether non-allowing of cross examination as requested by Shri Vinod Agarwal, is violative the principle of natural justice - Held that:- cross examination cannot be claimed as a matter of right in departmental proceedings and each case has to be examined on its own merit. In the present case, it is not in dispute that the goods of foreign origin were recovered from the godown owned by the Appellant. As stated above, none of.....

  • 2014 (10) TMI 553 - CESTAT MUMBAI

    COMMISSIONER OF CUSTOMS (IMPORT), MUMBAI Versus BHAGYALAXMI METALS

    Customs - Benefit of Notification No. 30/97-Cus. - smuggling - local sale of exempted goods - import of stainless steel coils & sheets under DEEC Licences (Actual User Condition) - Confiscation of goods - Held that:- Undisputedly, the goods were seized at Mumbai on the allegation that the goods were cleared under DEEC Licence availing the benefit of Customs Notification and not paying customs duty on the goods. The proprietor of the respondents in his statement stated that the goods were purchased from va.....

  • 2014 (10) TMI 552 - CESTAT MUMBAI

    SHRI MARUTI NANDAN IMPEX Versus COMMISSIONER OF CUS. (IMPORT), MUMBAI

    Customs - Undervaluation of goods - Demand of differential duty - Held that:- As regards the e-mail offers, price/value cannot be determined on the basis of offer. As regards contemporaneous import, it is settled law and as per Valuation Rules also, when contemporaneous import are considered and country of origin is to be same, the supply quantity should be comparable and period should be as best as possible. From the statement of the proprietor, contemporaneous imports submitted would emerges as the pric.....

  • 2014 (10) TMI 551 - CESTAT MUMBAI

    PRASAD ENTERPRISES Versus COMMISSIONER OF CUSTOMS (IMPORT), MUMBAI

    Customs - Rejection of transaction value - Held that:- at the time of import, the appellant declared the value of goods @ US 535 PMT. The goods were examined and on examination the goods were found to be as declared in the Bill of Entry. These facts are not in dispute. There is no evidence shown by the department that over and above the transaction value any price has been paid by the appellant. The only basis for enhancement of value is that as per NIDB data in Bill of Entry No. 599780, dated 6-2-2007 th.....

  • 2014 (10) TMI 509 - KERALA HIGH COURT

    M/s. Portlines Logistics & Courier Services (P). Ltd. Versus Commissioner of Customs

    Customs - De-Registration of license of CHA - Forfeiture of security - Held that:- where the Commissioner disagrees with the enquiry report, he should record the reasons for disagreement and forward the same to the Customs House Agent for his comments before passing a final order - Ext.P6 shall be treated as show cause notice against the petitioner on disagreement entered by the respondent and the petitioner shall furnish his objection to the findings of disagreement, within a period of four weeks. The pr.....

Recent Case Laws - VAT and Sales Tax Cases

  • 2014 (10) TMI 600 - ANDHRA PRADESH HIGH COURT

    M/s. Mark Infrastructure Pvt. Ltd. Versus The Commercial Tax Officer

    VAT and Sales Tax - Exemption from payment of tax - Exemption to sub-contractor - Suppression of facts - Abuse of Court - Contempt of Court - Held that:- petitioner received the show- cause notice dated 12.08.2013 on 14.08.2013. It is also not in dispute that no reply was filed thereto by the petitioner before the first respondent, prior to the assessment order being passed on 31.08.2013. The petitioner claims to have submitted their objections, vide letter dated 30.08.2013, not to the first respondent, but to the .....

  • 2014 (10) TMI 561 - ALLAHABAD HIGH COURT

    Bajaj Hindustan Limited Versus State of Uttar Pradesh And Others

    VAT and Sales Tax - Imposition of purchase tax on sugarcane - Tax exemption - principle of promissory estoppel and legitimate expectation - Held that:- The petitioner, upon the assurances and promises contained in the sugar industry promotion policy, 2004 and the steps taken by the government to provide employment and in furtherance to the notification issued under Section 14 of the Act, decided to make investment in the sugar industry in the State of Uttar Pradesh. Based on the eligibility certificates, the petit.....

  • 2014 (10) TMI 529 - ALLAHABAD HIGH COURT

    The Commissioner, Commercial Tax Versus Dabur India Ltd.

    VAT and Sales Tax - Penalty u/s 54(1)(14) of UP VAT - import of goods into the State by road against a declaration form - contravention of the provisions of Section 50 - Held that:- Non-filling up of column no. 6 i.e. not mentioning of bill / cash memo / chalan / invoice number may lead to an inference that in case of non-checking of goods the declaration form may be re-used for importing goods of same quantity, weight and value to evade payment of tax but it cannot be the sole ground to impose penalty under Secti.....

  • 2014 (10) TMI 449 - ALLAHABAD HIGH COURT

    M/s. RK. Trading Versus Commercial Trade Tax, Appellate Tribunal

    VAT and Sales Tax - Classification of goods - Applicable rate of tax - Whether Gambier is catechu liable to tax at the rate of 4% or it is an unclassified item liable to tax at the rate of 12.5% - Held that:- Applicant deals in Gambier, which is a non-edible commodity. Catechu is an edible commodity, which is specified in Entry-68 of Part-A of Schedule II to the Act. The assessing authority assessed to tax the sale turnover of Gambier as an unclassified item vide assessment order dated 19.10.2012 for the Assessme.....

  • 2014 (10) TMI 411 - Supreme Court of India

    Bhima Jewellery Versus Assistant Commissioner (Assessment), Kerala and another

    VAT and Sales Tax - Additional tax under section 5D of the Kerala General Sales Tax Act, 1963 - Payment of tax @ compounded rate u/s 7 of the Act - Assessment under regular provisions when assessee has choosen compounded levy - Held that:- additional tax can be levied and collected by the Revenue from a dealer who is liable to pay tax under sections 5 and 5A of the KGST Act at a particular rate. In the instant case, the dealer is not being taxed under section 5 or section 5A of the KGST Act but is paying tax at the.....

  • 2014 (10) TMI 379 - ALLAHABAD HIGH COURT

    ITC Limited Versus State of UP. and Others

    VAT and Sales Tax - Validity of the U.P. Tax on Entry of Goods into Local Areas Act, 2007 - violative of freedom of trade, commerce and intercourse guaranteed under Art.301 and not saved by Art.304 (b) of the Constitution of India - Held that:- notification was amended on 19.2.2010, excluding natural gas, cement, motor vehicles of all kinds, tyres and tubes. It was again amended on 29.3.2009 excluding machinery and spare parts; wood and timber of all kinds; clinker; aluminum and its products; cables of all kinds, l.....

  • 2014 (10) TMI 240 - UTTARAKHAND HIGH COURT

    Commissioner, Commercial Tax (earlier Trade Tax), Uttarakhand, Dehradun Versus Rana Steels

    VAT and Sales Tax - Seizure of goods - Goods released on security - Imposition of penalty - Held that:- it was obligatory on the part of the assessing officer, at the time of assessment, to establish that, in fact, the driver had stated that the goods were coming from Muzaffarnagar in order to prevail upon the documents, which suggested that the goods were coming from Roorkee. That having not been done, the assessing officer could not impose penalty. There is, therefore, no scope of interference. - Decided against .....

  • 2014 (10) TMI 198 - KERALA HIGH COURT

    Ayyappan Nair Versus Sales Tax Officer, Neyyattinkara

    VAT and Sales Tax - Transfer of liability - The petitioner's contention is that the business was transferred in the name of the 4th respondent, who is his daughter, at the time of her marriage. Thereafter the business was conducted by the 4th respondent and her husband; hence the petitioner has no liability - Held that:- The State has also filed a counter affidavit, wherein it is stated that an amount of ₹ 55,190/- and collection charges of ₹ 2,822/- were with respect to a demand raised in another reven.....

  • 2014 (10) TMI 197 - KERALA HIGH COURT

    M/s METRO POLYMERS Versus THE COMMERCIAL TAX OFFICER AND OTHERS

    VAT and Sales Tax - Extension of time for filing reply - Time granted on telephonic conversation - Order passed in violation of principle of natural justice - Held that:- Necessarily when e-mail communications are relied on, at the first instance, there would be certain start up problems, which has to be looked at in a practical manner. However, the Assessing Officer in the present case cannot be faulted for concluding the proceedings, since the Assessing Officer did not receive the reply and the assessee also did .....

  • 2014 (10) TMI 131 - MADRAS HIGH COURT

    Manjusree Plantations Limited Versus The Commercial Tax Officer, Gudalur

    VAT and Sales Tax - Penalty - Exemption from tax - request to grant 30 days time as against the show cause notice - Violation of principle of natural justice - Held that:- Admittedly, as against the show cause notice dated 10.1.2014, the petitioner sent a reply dated 16.1.2014 and 15.2.2014 seeking extension of time. But the respondent, without considering the same, has straightaway passed the impugned order. Further, though the petitioner claims exemption, the same has also not been considered by the respondent - .....

Recent Case Laws - Corporate Laws Cases

  • 2014 (10) TMI 405 - SUPREME COURT

    Swan Gold Mining Ltd. Versus Hindustan Copper Ltd.

    Corporate Laws - Dismissal of application u/s 34 of the Arbitration and Conciliation Act - Learned Arbitrator held that the clause relating to payment of taxes was deleted by the appellant’s representative Mr. Ahlawat on 19.1.2007 and since work order was acknowledged, it is binding on the appellan - issue of deviation in price bid on 19.1.2007 - appellant, also challenged the arbitral award on the ground that the same is in conflict with the public policy of Indi - Held that:- Appellant has accepted the liabili.....

  • 2014 (10) TMI 368 - SUPREME COURT

    The Stock Exchange, Bombay Versus VS. Kandalgaonkar

    Corporate Laws - Priority of Crown debts - Overriding effect - Declaration of member of stock exchange as defaulter - Income Tax Department claims that it has priority over all debts owed by the defaulter member, whereas the Stock Exchange, Bombay claims otherwise - Held that:- The first thing to be noticed is that the Income Tax Act does not provide for any paramountcy of dues by way of income tax. - In the present case, the common law of England qua Crown debts became applicable by virtue of Article 372 of t.....

  • 2014 (9) TMI 60 - SUPREME COURT

    M/s. Navodaya Mass Entertainment Ltd. Versus M/s. JM. Combines

    Corporate Laws - Arbitration award - scope of court to interfere - Division Bench of the High Court affirmed the award of the Arbitrator - Held that:- the scope of interference of the Court is very limited. Court would not be justified in reappraising the material on record and substituting its own view in place of the Arbitrator’s view. Where there is an error apparent on the face of the record or the Arbitrator has not followed the statutory legal position, then and then only it would be justified in interferi.....

  • 2014 (9) TMI 21 - SUPREME COURT

    Pulsive Technologies P. Ltd. Versus State of Gujarat & Others

    Corporate Laws - Offences punishable under Section 138 and 142 of the Negotiable Instruments Act - cheque bounced - Payment stopped by drawer - failure to fulfill the obligation by the drawee - The High Court observed that “stop payment” instructions were given because the complainant had failed to discharge its obligations as per agreement by not repairing/replacing the damaged UPS system. - Held that:- The High Court fell into a grave error when it proceeded to quash the complaint. Even “stop payment” instruct.....

  • 2014 (8) TMI 649 - SUPREME COURT

    Shivgiri Associates & Others Versus Metso Mineral (India) Pvt. Ltd.

    Corporate Laws - Jurisdiction of court - Dishonour of cheque - Whether Courts at Gurgaon holds the jurisdiction to entertain the appeal ince the notice as contemplated in Section 138 of the Negotiable Instruments Act, 1881 had been dispatched from Gurgaon - Held that:- It appears that the learned Judicial Magistrate, First Class (Special Court), District Gurgaon, Haryana, on 14.6.2010 issued Summons to the Appellant. The Appellant thereupon approached the High Court of Punjab & Haryana at Chandigarh, which passe.....

  • 2014 (8) TMI 608 - SUPREME COURT

    Pawan Kumar Ralli Versus Maninder Singh Narula

    Corporate Laws - Dishonour of Cheque - proceedings initiated by the appellant under Section 138 of the Negotiable Instruments Act, 1881 - Bar of limitation - Validity of handwritten note (Notice) sent by the appellant - Held that:- handwritten note dated 27th April, 2012 and found that it was issued within the mandatory period of thirty days of dishonour of cheques and contained (a) the subject amount of ₹ 60,00,000/- given by the appellant as loan to the respondent under promissory notes; (b) the details.....

  • 2014 (8) TMI 528 - SUPREME COURT

    Precious Jewels & Another Versus Varun Gems

    Corporate Laws - Infringement of trademark - Appellants restrained from doing their business in the concerned name - Interim order u/s 35F - Held that:- interlocutory order passed by the Court below is not just and proper in view of the provisions of Section 35 of the Act - Section 35 of the Act permits anyone to do his business in his own name in a bona fide manner. In the instant case, it is not in dispute that the defendants are doing their business in their own name and their bona fides have not been dispute.....

  • 2014 (8) TMI 493 - DELHI HIGH COURT

    In Re : Kvtek Power Systems Private Limited

    Corporate Laws - Application for sanction to the Scheme of Amalgamation - Held that:- Official Liquidator has filed his report, wherein he has stated that he has not received any complaint against the proposed Scheme from any person/party interested in the Scheme in any manner and that the affairs of the Transferor Company, which is subject matter of dissolution, do not appear to have been conducted in a manner prejudicial to the interest of its members, creditors or to public interest as per the 2nd Proviso of .....

  • 2014 (8) TMI 464 - SUPREME COURT

    M/s. Ajeet Seeds Ltd. Versus K. Gopala Krishnaiah

    Corporate Laws - Proof of service of notice under Section 138 of the Negotiable Instruments Act, 1881 - cheque bounced - Whether in absence of any averments in the complaint to the effect that the accused had a role to play in the matter of non-receipt of legal notice; or that the accused deliberately avoided service of notice, the same could have been entertained keeping in view the decision of this Court in Vinod Shivappa [2006 (5) TMI 441 - SUPREME COURT] - Held that:- It is clear that Section 114 of the Evi.....

  • 2014 (8) TMI 430 - SUPREME COURT

    Sree Mahesh Stationaries & Another Versus Indiabulls Financial Services Ltd.

    Corporate Laws - Jurisdiction of Courts for offence under Section 138 of N.I. Act - Transfer of Criminal Complaint No.14089 of 2009 from the Court of Judicial Magistrate, First Class, Gurgaon, Haryana to the Court of competent jurisdiction at Bangalore - Held that:- Only reason the complainant claims jurisdiction for the Courts at Gurgaon is the fact that the complainant-respondent had issued the statutory notices relating to the dishonour of the cheque from Gurgaon. We do not think that issue of a statutory not.....

Recent Case Laws - FEMA Cases

  • 2014 (10) TMI 527 - DELHI HIGH COURT

    Lalit Kumar Modi Versus Union of India And Others

    FEMA - Revocation of appellant's Passport - penalty on the appellant under Section 13 of FEMA for having contravened the provisions of Section 37 of FEMA read with Section 131(1) and 272A(1) of the Income-tax Act, 1961. - Held that:- officers under the Income-tax Act have the same powers as are vested in a court under the Code of Civil Procedure, 1908 to try a suit in respect of inter alia discovery and inspection, enforcing the attendance of any person, including any officer of a bank / company and ex.....

  • 2014 (10) TMI 436 - DELHI HIGH COURT

    Rajiv Chanana Versus Deputy Director Directorate of Enforcement

    FEMA - Attachment of property - Prevention of Money Laundering Act, 2002 - Held that:- One is hard pressed to imagine how a trial for an offence of money laundering can continue where the fundamental basis – the commission of a schedule offence – in this case offence under Section 307 IPC – has been found to be disproved - attachment of a property is liable to be vacated if the existence of a scheduled offence is negated. Clearly, attachment of proceeds of crime cannot continue if the alleged scheduled.....

  • 2014 (10) TMI 404 - DELHI HIGH COURT

    Rakesh Jain, Ravinder Jain, Som Chai Chai Srichawla Versus Union of India, Enforcement Directorate

    FEMA - Contravention of Sections 9 (1) (b), 9 (1) (c) and 9 (1) (d) read with Section 64 (2) of the Foreign Exchange Regulations Act, 1973 - Remission of amount from abroad - Held that:- ED itself is not clear whether the declaration made by Mr. Sri Chawla in Bangkok could be termed as a statement under Section 40 of FERA. It is not shown that the procedure envisaged under FERA was followed while recording the said declaration. In any event, Mr. Sri Chawla only talks of payment being made to two person.....

  • 2014 (10) TMI 367 - SUPREME COURT

    A. Tajudeen Versus Union of India

    FEMA - Violation of Section 9(1)(b) of the Foreign Exchange Regulation Act, 1973 - Confiscation of seized amount - Imposition of penalty - Appellate Board set aside confiscation and ordered refund of penalty whereas High Court upheld the same - Held that:- There is no doubt whatsoever, that no reliance has been placed on the alleged statement made by the appellant on 20.4.1989 before the officers of the Enforcement Directorate, in the memorandum dated 12.3.1990. Per se, therefore, it was not open to th.....

  • 2014 (8) TMI 607 - DELHI HIGH COURT

    Umesh K. Modi Versus Deputy Director of Enforcement

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

  • 2014 (7) TMI 727 - DELHI HIGH COURT

    Enforcement Directorate Versus American Express Bank & Others

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

  • 2014 (6) TMI 577 - DELHI HIGH COURT

    SK. Jain Versus Union of India & Another

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

  • 2014 (5) TMI 863 - DELHI HIGH COURT

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

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

  • 2014 (5) TMI 824 - DELHI HIGH COURT

    Negolice India Ltd. And Others Versus Director of Enforcement

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

  • 2014 (5) TMI 784 - DELHI HIGH COURT

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

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

Recent Case Laws - Misc Cases

  • 2014 (10) TMI 589 - SUPREME COURT

    Oil & Natural Gas Corporation Ltd. Versus Western Geco international Ltd.

    Misc - Validity of award passed by Arbitral Tribunal - delay in the return of the vessel to the Corporation after upgradation. - Who is responsible for this delay is the essence of the dispute between the parties. - ‘Fundamental policy of Indian Law’ - Held that:- The Arbitrators have after examining the material placed before them recorded a finding to the effect that the delay between 10th July 2001 and 31st March 2001 was entirely attributable to the respondent. From the findings of the fact reco.....

  • 2014 (10) TMI 550 - SUPREME COURT

    M/s. Anand Brothers P. Ltd. Tr. MD. Versus Union of India & Others

    Misc - Validity of Arbitral award - High court set aside order holding that Arbitrator had not recorded his “findings” as required under Clause 70 of the General Conditions of Contract - Held that:- Clause 70 makes a clear distinction between findings on each individual item of dispute on the one hand and the sum, if any, awarded in regard to the same on the other. That the Arbitrator had made his award in regard to each item of dispute raised by the appellant before it, is evident from a reading of th.....

  • 2014 (10) TMI 528 - SUPREME COURT

    Madhya Pradesh State Legal Services Authority Versus Prateek Jain & Another

    Misc - Dishonour of cheque - Compounding of offence - scope of Lok Adalats - The appellant comes in picture only because the parties had approached the Mega Lok Adalat organised by the appellant. The reason for filing the present appeal is the apprehension of the appellant that if the settlement arrived at in the Lok Adalats are not accepted by the Courts, one of the essential function and duty of Legal Services Authority cast upon by the Legal Services Authorities Act, 1987 (hereinafter referred to as.....

  • 2014 (10) TMI 437 - SUPREME COURT

    State of West Bengal & Others Versus Associated Contractors

    Misc - Jurisdiction of Court - application under Section 34 of the Arbitration and Conciliation Act, 1996 - Held that:- There are a variety of reasons as to why the Supreme Court cannot possibly be considered to be “court” within the meaning of Section 2(1)(e) even if it retains seisin over the arbitral proceedings. Firstly, as noted above, the definition is exhaustive and recognizes only one of two possible courts that could be “court” for the purpose of Section 2(1)(e). Secondly, under the 1940 Act, .....

  • 2014 (10) TMI 366 - SUPREME COURT

    Vinay Kumar Shailendra, Times Business Solution Limited, M/s. KK. Ploycolor India Ltd. & Ors. Versus Delhi High Court Legal Services Committee And Another, Databyte, Global Trade Finance Ltd.

    Misc - Maintainability of appeal - Dishonour of cheque - Jurisdiction of courts - High Court directed return of all complaints filed under Section 138 of the Negotiable Instrument Act, 1881 in which the Metropolitan Magistrates in Delhi have taken cognizance only because the statutory notices in terms of proviso to Section 138 of the Act have been issued to the drawers of the cheque from Delhi - Held that:- The order passed by the High Court simply directs return of complaints in cases where the same h.....

  • 2014 (10) TMI 328 - SUPREME COURT OF INDIA

    Subrata Chattoraj Versus Union of India

    Misc - Ponzi schemes - Transfer of investigation from the State Agencies to the Central Bureau of Investigation (CBI) under the Delhi Special Police Establishment Act - major financial scam nicknamed 'Chit Fund Scam' affecting lakhs of depositors across several States - Held that:- no basis of the apprehension expressed by the State Governments. It is true that a lot can be said about the independence of CBI as a premier Investigating Agency but so long as there is nothing substantial affecting its .....

  • 2014 (10) TMI 231 - CENTRAL INFORMATION COMMISSION

    RK. JAIN Versus DIRECTORATE GENERAL OF VIGILANCE, CUS. & C. EX.

    Misc - Levy of penalty for delay in providing information under RTI Act - Held that:- Main contention of the appellant is that the information was provided to Shri Sharan in July, 2012 whereas the appellant was provided information on the same subject matter in June, 2013 - Commission is of the view that the CPIO has prima facie caused a delay of more than 100 days in providing information to the appellant. A separate show cause notice under Section 20(1) of the RTI Act would be issued to the CPIO aski.....

  • 2014 (9) TMI 399 - Madras High Court

    SHIPPING CORPORATION OF INDIA Versus MODERN RE-ROLLERS

    Misc - Loss caused due to the short delivery of the goods - suit for recovery from the appellant/first defendant and the second respondent/second defendant - Whether the appellant is liable to make good the loss caused due to the short delivery of goods, as alleged by the first respondent? - Held that:- having regard to the admission made by the first respondent, that the carrier delivered the cargo, entrusted with it, and the shortage of goods occurred, due to theft or pilferage, when the goods were .....

  • 2014 (9) TMI 384 - DELHI HIGH COURT

    GOVT. OF NCT OF DELHI & ORS. Versus NEW VARIETY TENT HOUSE & ANR

    Misc - Writ petition for for recovery of money - to enforce contractual obligation - bills against the services provided by the appellant were not cleared and the payments withheld ―due to some audit objections - period of limitation - Held that:- The said period of three years expired with respect to the first two bills on 26th April, 2002 and for the third bill on 22nd July, 2002. There is nothing to show that the date of payment was agreed to be any other. The writ petition seeking mandamus wa.....

  • 2014 (9) TMI 40 - Supreme Court of India

    SP. MALHOTRA Versus PUNJAB NATIONAL BANK & ORS.

    Misc - Suspension of employees - Imposition of punishment - Violation of principle of natural justice - Service of copy of reasons for punishment - Held that:- order of punishment would stand vitiated in case the reasons so recorded by the Disciplinary Authority for dis-agreement with the Enquiry Officer had not been supplied to the delinquent and his explanation had not been sought - whenever the disciplinary authority disagrees with the enquiry authority on any article of charge, then before it recor.....

 
 

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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