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Showing 81 to 100 of 677 Records
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2007 (2) TMI 645 - CESTAT BANGALORE
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... ... ..... ns 76, 77 & 78 has been imposed for violation of payment of service tax of ₹ 35,901/-. He submits that there is no reason has been given by the appellants for not discharging the service tax. It is their responsibility to collect the service tax amount from the customers. 5. On a careful consideration of the matter, we find that the appellant has discharged the service tax along with interest immediately after the order has been issued. They are seeking reduction of penalty which has been imposed equivalent amount of the service tax under Sections 76 & 78 of the Act. Taking into consideration of the financial hardship of the appellant as well as the plea that M/s BSNL had not paid the service tax amount, we reduce the penalty to ₹ 25,000/- (Rupees Twenty five thousand only) each under Sections 76 & 78 of the Act. The appeal is allowed, particularly by modifying the penalty imposed in the impugned order. (Pronounced and dictated in the open court)
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2007 (2) TMI 644 - SUPREME COURT
Whether in making appointment of the appellant, the provisions of Articles 14 and 16 of the Constitution and statutory rules were not complied with?
Whether it is enough for a candidate to be qualified by the date of interview even if he was not qualified by the last date prescribed for receiving the applications, is correct in law and whether the majority was right in extending the principle of Rule 37 of the Public Service Commission Rules to the present case by analogy?
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2007 (2) TMI 643 - SUPREME COURT
Whether in a situation of this nature, the High Court was justified in initiating proceedings under the Contempt of Courts Act and that too suo motu?
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2007 (2) TMI 642 - SUPREME COURT
Whether the appellant had granted bail on insufficient grounds or was justified in passing such an order?
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2007 (2) TMI 641 - CESTAT NEW DELHI
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... ... ..... , credit was availed on the strength of duty paying documents. The statement of dealer is very clear on this issue which says that they were making transit sales in respect of goods received from their factory. It is also the objection of the Revenue that the transporters were non-existent, therefore, .there is no evidence that the respondent received the inputs. I find that the Commissioner (Appeals) after going through the evidence produced by the respondent regarding payment of price of inputs, their use in the manufacture of final product which were cleared on payment of duty, allowed the benefit. These findings are not under challenge in the present appeal. Further, the credit was availed in the year 1996 where present investigation was made in the year 2000. The respondents were filing regularly RT-12 returns along with necessary documents. In these circumstances, I find no infirmity in the impugned order, the appeal is dismissed. Dictated and pronounced in open Court.
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2007 (2) TMI 640 - ALLAHABAD HIGH COURT
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... ... ..... in response to the letter dated 15-11-2006 wherein the respondent No. 1 had asked for more material for passing the order of transfer. The reasons have been given by the Commissioner of Income-tax, Delhi why he is seeking the transfer. The aforesaid reasons have been considered by the respondent No. 1 and after applying his mind ordered for the transfer. Moreover we find that in the case of Radico Khaitan Ltd. (supra) similar arguments regarding the order of transfer which was passed by the Commissioner of Income-tax, Moradabad transferring the case of the petitioner therein to Delhi has been passed on the dictate of the Chief Commissioner of Income-tax (Central), New Delhi was taken and this Court has repelled the arguments in paragraph 17 of the report which had already been reproduced hereinbefore. Therefore, we do not find any illegality in the order. 26. In view of the foregoing discussions, we do not find merit in this writ petition which is hereby dismissed in limine.
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2007 (2) TMI 639 - CESTAT NEW DELHI
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... ... ..... ce tax. It was not whether all companies or firms rendering engineering consultancy would be engineering firms. Therefore, the above judgment is of no avail to the revenue in the present dispute. We find that our decision in Shakumbari Sugar & Allied Inds. Ltd. was rendered after noticing the above judgment also. 7. Ld. DR also relies on a decision of this Tribunal in the case of IFFCO (Final Order No. 4-2/06-S.T., dated 26-12-06) 2007 (5) S.T.R. 281 (Tri.-Del.) . The judgment in the case of IFFCO is not on the question as to whether firms rendering Engineering Consultancy become Engineering Firms for that reason. Therefore, that judgment is also not attracted to the present case. 8. We find that the appellant’s case is covered by our decision in the case of Shakumbari Sugar & Allied Ind. Ltd. and other cases. Following that judgment, the present appeal is allowed, with consequential relief, if any, to the appellant. (Order dictated in the open Court)
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2007 (2) TMI 638 - CESTAT BANGALORE
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... ... ..... ave strong case on merits. Hence the stay application is allowed by granting waiver of pre-deposit of the amount and staying its recovery till the disposal of the appeal. As the issue is covered, the appeal to come up for final hearing on 28-3-2007. 5. The learned Counsel also points out that the Assistant Commissioner by letter dated 24-1-2007 has directed the main contractor, M/s. Aspinwail & Co. Ltd., not to make any payment of service tax to the appellants and prays for staying the operation of the said letter. 6. Heard the learned JDR. As the appellants have been granted full waiver of pre-deposit of the amount, therefore the consequential relief is also granted. The Revenue shall not prevent M/s. Aspinwail & Co. Ltd. for making payment to the appellants in terms of the contract. The matter to be heard finally on 28th March 2007. The Commissioner to file his counter to the ‘Grounds of the Appeal’. (Pronounced and dictated in the open Court)
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2007 (2) TMI 637 - SUPREME COURT
Whether the order passed by the State of Maharashtra on June 21, 1995 in purported exercise of revisional jurisdiction under Section 34 of the Urban Land (Ceiling & Regulation) Act, 1976 (hereinafter referred to as 'the Act') holding that no sufficient opportunity had been given to the land-owners before declaring their land to be excess and vacant land under the Act valid?
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2007 (2) TMI 636 - SC ORDER
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... ... ..... ay condoned. The civil appeal is dismissed.
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2007 (2) TMI 635 - SUPREME COURT
Whether rise in the price of an immovable property by itself is not a ground for refusal to enforce a lawful agreement of sale?
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2007 (2) TMI 634 - CESTAT BANGALORE
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... ... ..... on the Commissioner has not taken into consideration plethora judgments cited before him and skipped the issue. He has taken a different view. 2. After hearing both the sides, we are of the considered opinion that the Commissioner ought not to have taken a different view than one already been expressed by the Tribunal in the above noted decisions. The Commissioner was to bound by these orders. Therefore independent view expressed by the Commissioner without referring to these judgments is not correct in law. It is also submitted by the learned Counsel that the concerned Commissioner had dropped the proceedings in respect of another unit SKF India Ltd. in Order-in-Original No. 13/2006, dated 21-2-2006 in an identical situation. The Commissioner cannot take a different stand in identical cases. As the issue is covered one therefore respectfully following, the stay application and the appeal are allowed with consequential relief. (Pronounced and dictated in the open Court)
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2007 (2) TMI 633 - SUPREME COURT
Whether the appellants have an equally efficacious remedy of filing a civil suit and thus the writ jurisdiction cannot be invoked?
Whether the allotment was cancelled having regard to Section 23 of the Indian Contract Act as the subject allotment was illegal?
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2007 (2) TMI 632 - ITAT MUMBAI
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... ... ..... not arise. We, therefore, hold that cl. (c) of the Explanation to s. 115JA would not be applicable in respect of provision for bad and doubtful debts." 14. The provisions for doubtful advances are of the same nature of the provisions of doubtful debts. As such, the same ratio will apply for the provisions of doubtful advances. We are therefore, of the view that since the impugned issue is squarely covered by the aforesaid order of the Special Bench of the Tribunal, in favour of the assessee, we set aside the order of the CIT(A) and direct the AO, not to increase the net profit by the provisions of doubtful advances and doubtful debts in order to compute book profit under s. 115JA of the IT Act. Accordingly, the matter is restored to the file of the AO to re-compute the book profit in terms indicated above and to determine the total income of the assessee. 15. In the result, appeal of the assessee is allowed for statistical purposes and that of the Revenue is dismissed.
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2007 (2) TMI 631 - ALLAHABAD HIGH COURT
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... ... ..... disposed of the application for waiver of the pre-deposit of penalty amount. In the circumstances, the impugned order is vitiated and is liable to be set aside. 7. In the result, writ petition is allowed. Order passed by the Additional Director General of Foreign Trade dated 27-9-2006 (Annexure-5) to the writ petition is set aside. The Appellate Authority is directed to consider the waiver application for waiver of the condition of pre-deposit of the penalty amount and pass appropriate order and thereafter proceed to decide the appeal afresh in accordance to law. 8. Learned Counsel for the petitioner is directed to file certified copy of the order before the Additional Director General of Foreign Trade within a period of fifteen days. The Additional Director General of Foreign Trade may thereafter decide the application for waiver within a period of ten days after hearing to the parties and thereafter proceed to decide the appeal in accordance to law expeditiously.
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2007 (2) TMI 629 - SUPREME COURT
Whether customs duty would be payable on the purchase price of the goods by adding the value of licence and technical knowhow, etc. to the value of the imported goods?
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2007 (2) TMI 628 - RAJASTHAN HIGH COURT
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... ... ..... ttained the finality. In view of the above, two things are clear that tax is leviable on sale of glasses and frames even if they are sold in the form of spects and second is whether the assessee has paid the tax on such sale is a question of fact and that factual enquiry can be conducted only by the Assessing Authority to find out whether the assessee has paid the tax on glasses and frames which were used in the spects and sold by the assessee. In view of the above, all the revision petitions are allowed. The impugned orders of the Tax Board are set aside and the matter is remanded to the Assessing Authority who may hold an enquiry about the tax liability of the petitioner in relation to the commodities sold by the assessee by fixing the glasses in frames and treating the spects themselves as not a new commodity but treating the glasses and frames used in the preparation of the spects as taxable commodity. The parties shall appears before the Assessing Authority on 9.4.2007.
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2007 (2) TMI 627 - SUPREME COURT
Whether on the facts and circumstances of the case DERC was right in reducing the rate of depreciation from 6.69% to 3.75%?
Held that:- there is no merit in this civil appeal. Firstly, accounting for costs differs according to the object and the purpose for which the exercise is undertaken. Depreciation is Allocation of Costs so as to charge a fair proportion of the depreciable amount in each accounting period during the expected useful life of the asset(s). Depreciation includes amortization of assets whose useful life is pre-determined. It includes depletion of resources through the process of use. Depreciation in Commercial Accounting differs from depreciation in Tax Accounting. In this case, we are concerned with Electricity Accounting. An asset is recognized in the Balance Sheet when one expects economic benefits associated with it to flow in future over a period of years. Accordingly, the asset has a cost or value that can be measured. Matching of revenue and expenses is an important exercise under Accounting. Depreciation is a part of this exercise.
DERC was not entitled to derive the rate from the fair life of the asset, particularly, when the consequence was to reduce the ARP substantially. In conclusion, we reiterate that in the present case because of inflation, we have to go by the Cost of Replacement instead of Historical Cost. However, we state that our judgment is confined to the facts of the present case alone and the reasoning given hereinabove is in the context of the period of 5 years. This judgment should not be construed to apply for all times. It is confined to the transition period only. This civil appeal preferred by DERC stands dismissed
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2007 (2) TMI 626 - WEST BENGAL TAXATION TRIBUNAL
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... ... ..... hat he would produce the documents within 48 hours. The said provision is an enabling provision to enable a dealer who for any genuine reason could not hand over a particular document to the driver, to get opportunity of furnishing acceptable explanation and of producing the required document within the aforesaid time. Even in appropriate cases of genuine difficulty, document can be produced even after 48 hours, but before the order of seizure. We have already pointed out that in this case no explanation has been furnished why the invoice was not with the driver particularly when the invoice was supposed to be produced before the check-post authority at the time of getting the way-bill endorsed. In such circumstances, we are not inclined to interfere with the order of seizure. However, we make it clear that we are not expressing any opinion whether the documents produced by the petitioner are genuine or not or on the correctness of the documents relied on by the respondents.
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2007 (2) TMI 625 - WEST BENGAL TAXATION TRIBUNAL
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... ... ..... ices and trade circular only. For the reasons aforesaid we are unable to accept that the petitionercompany could/cannot be treated as a dealer under the 1941 Act. We hold the impugned memos/notices as valid. We shall be failing in our duty if we do not record our appreciation of the valuable assistance rendered and fairness shown by Mr. Bose, the learned advocate for the petitioner and Mr. P. Mondal, State Representative. Accordingly this application fails. Interim order is vacated. The concerned authorities are at liberty to proceed in pursuance of the aforesaid impugned notices/memos in accordance with law. If the concerned authorities want to proceed in pursuance of the impugned notices/memos, they will send an intimation fixing a date giving at least four weeks 39 time to the petitioner to submit its case and to produce required documents before the concerned authority. R. K. DEB CHAUDHURI (Judicial Member). - I agree. DEB KUMAR CHAKRABORTI (Technical Member). - I agree.
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