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Recent Case Laws
 

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1 2014 (11) TMI 21 - CESTAT BANGALORE
  DEEVYA SHAKTI PAPER MILLS (P) LTD. Versus COMMR. OF CUS., HYDERABAD-II
  Amendment of four Shipping Bills for consideration of a portion of FOB value as DEPB item - Held that:- There is not even a word on the provisions of Section 149 of the Customs Act, 1962 in the rejection letter issued by the Deputy Commissioner of Cu.....
2 2014 (11) TMI 20 - DELHI HIGH COURT
  Commissioner of Income Tax Versus M/s. Steel Authority of India Ltd.
  Deletion of penalty u/s 271(1)(c) - Capitalization of interest – Held that:- The Tribunal was rightly of the view that the changes in capitalization or de- capitalization of interest were effected by the assessee consequent to well controlled and reg.....
3 2014 (11) TMI 19 - DELHI HIGH COURT
  Commissioner of Income Tax-XII Versus Indo Rub Industries
  Revision u/s 263 – Inquiry conducted or not - Whether or not the AO before passing the order u/s 143(3) of the Act had conducted enquiries which were “necessitated and required” considering the substantial increase in the capital account of the partn.....
4 2014 (11) TMI 18 - ALLAHABAD HIGH COURT
  ID. Education Society Versus Principal Chief Commissioner of Income Tax
  Rejection of application of claim of exemption u/s 10(23C)(vii) – Delay in filing application beyond stipulated date of 30th September 2013 – Held that:- There is no basis or foundation in the submission that the delay in filing the application for a.....
5 2014 (11) TMI 17 - DELHI HIGH COURT
  Housing & Urban Development Corporation Limited Versus Additional Commissioner of Income Tax
  Taxability of administrative expenses - Whether the Tribunal was right in holding that in terms of minutes of meeting held on 7th September, 1995 administrative expenses of 1.5% had accrued in respect of residential quarters at Andrews Ganj and were .....
6 2014 (11) TMI 16 - KERALA HIGH COURT
  M/s. GCDA Employees' Pension Fund Trust Versus The Commissioner of Income Tax-I
  Rejection of application of registration u/s 12AA - whether paying pension to the employees of the GCDA comes under the scope of charitable purpose or not u/s 2(15) – Held that:- The object of the Trust is to pay pension to the employees of the GCDA .....
7 2014 (11) TMI 15 - KARNATAKA HIGH COURT
  THE COMMISSIONER OF INCOME TAX AND THE ASSISTANT COMMISSIONER OF INCOME TAX Versus SHRI GP GOYAL
  Scope of undisclosed income u/s 115BA and 115BB – Transactions not recorded in the books of accounts - Whether the Tribunal was correct in holding that the additions of unexplained investment in shares, bullion etc., do not constitute undisclosed i.....
8 2014 (11) TMI 14 - ITAT DELHI
  Shri Suresh Nanda Versus ACIT Central Circle 13 New Delhi, DCIT.
  Determination of status of assessee - Residential or not - Held that:- Following the decision in Shri Suresh Nanda Versus ACIT, Central Circle-13, New Delhi [2014 (4) TMI 739 - ITAT DELHI] - although, the assessee has, in the preceding 4 years been i.....
9 2014 (11) TMI 13 - ITAT HYDERABAD
  M/s. Shriram Chits (P) Ltd. Versus Dy. Commissioner of Income-tax
  Chit funds - Claim of deduction on bad debts on running and terminated groups – Bad debts allowable u/s 37(1) or business loss u/s 28 - Held that:- Following the decision in M/s. Shriram Chits (P) Ltd. Versus The Joint CIT (OSD), Hyderabad [2013 (5) .....
10 2014 (11) TMI 12 - ITAT AHMEDABAD
  Asstt. Commissioner of Income Tax Versus M/s. Sarabhai Machinery Pvt. Ltd.
  Reversal of provision for revaluation of liability – Held that:- The assessee has revalued its liability to M/s. Ambalal Sarabhai Enterprises Ltd. (ASE Ltd.) and increased the same by ₹ 28,23,735 - in normal parlance such increase in liability .....
11 2014 (11) TMI 11 - ITAT DELHI
  DCIT, Circle 17(1), DCIT, CIRCLE 12(1), New Delhi Versus M/s Vodafone Essar South Ltd.,
  Depreciation on assets disallowed – Assets put to use during the year for business purpose or not – Held that:- As it has been held in COMMISSIONER OF INCOME TAX-IV, NEW DELHI Versus INSILCO LIMITED [2009 (2) TMI 31 - DELHI HIGH COURT] – the assessee.....
12 2014 (11) TMI 10 - ITAT HYDERABAD
  M/s. Bharati Airtel Limited Versus Dy. Commissioner of Income-tax,
  Amount paid covered u/s 194J or not - Compliance of TDS provisions - Business of rendering various telecommunication services including landline and internet services - Whether the payment made by the assessee company to M/s. Records and Data Warehou.....
13 2014 (11) TMI 9 - ITAT PUNE
  Q Logic (India) Private Limited Versus The Dy. Commissioner of Income tax
  Selection of comparables – Abnormal profit making concerns – Determination of ALP – International transaction of software services to Associate Enterprises - Held that:- Following the decision in Maersk Global Centres (India) Private Ltd. Vs. ACIT [2.....
14 2014 (11) TMI 8 - ITAT MUMBAI
  Income Tax Officer Versus M/s. Pratibhuti Viniyog Ltd.
  Non deduction of TDS - VSAT charges and transaction charges paid to stock exchange disallowed u/s 40(a)(ia) - Whether the charges were composite charges for professional and technical services rendered by the stock exchange to its members and the ass.....
15 2014 (11) TMI 7 - ITAT LUCKNOW
  Jai Prakash Ahuja Versus Income-tax Officer, 2 (2) Kanpur
  Reopening of assessment u/s 147 – Jurisdiction of AO - Held that:- Assessment was reopened after four years from the end of the relevant assessment year - before issuing notice u/s 148 of the Act, the AO was required to obtain sanction/approval from .....
16 2014 (11) TMI 6 - ITAT COCHIN
  Hope Micro Credit Finance (P.) Ltd. Versus Assistant Commissioner of Income-tax, Circle-1, Palakkad
  Levy of penalty u/s 221 r.w. Section 140A(3) – Held that:- The assessee is liable to pay the admitted tax for AY 2012-13 as per the return filed by the assessee - The assessee failed to pay this amount even after giving notice to the assessee vide no.....
17 2014 (11) TMI 5 - ITAT DELHI
  Deputy Commissioner of Income Tax Versus M/s Goetze(India) Ltd.
  Depreciation on assets of Vegetable Oil Division – Business conducted during the year or not – Whether the basic condition of Section 32 that assets must be used for the purpose of business is satisfied or not – Held that:- As decided in assessee’s o.....
18 2014 (11) TMI 4 - ITAT DELHI
  DCIT, Circle 32(1), New Delhi Versus Sh. Ganga Singh C/o. Ms. Seema Sahai
  Benefit of indexation not given – Computation of capital gain for sale of two plots – No evidence for ascertainment of date - Held that:- As decided in ARUN SHUNGLOO TRUST Versus CIT [2012 (2) TMI 259 - DELHI HIGH COURT] - the cost of acquisition as .....
19 2014 (11) TMI 3 - ITAT DELHI
  Devi Lal Coop. Sugar Mills Ltd. Versus ACIT, Sonepat Circle, Sonepat
  Enhancement of disallowance of repairs and maintenance of non-factory building – Held that:- There was a substantial damage to the non-factory building i.e. godowns of the assessee which were constructed during earlier financial years and assessee ha.....
20 2014 (11) TMI 2 - ITAT DELHI
  ITO, Ward-20(1), New Delhi Versus New Age Overseas, Prop. Shri Daljit Singh
  Unexplained credit u/s 68 - Facts remained unrebutted on record - Service of notice – Held that:- The assessee was the sole proprietor of M/s New Age Overseas and filed the return for the year under consideration on 05.07.2001 declaring an income of .....
21 2014 (11) TMI 1 - ITAT COCHIN
  M/s Hameed & Company (Engineers) Pvt. Ltd. Versus ACIT, Cir. 2(2), Tirur
  Liability to deduct TDS - Disallowance u/s 40(a)(ia) – Held that:- There are conflicting judicial opinions amongst the Calcutta High Court and Gujarat High Court on one side and the Allahabad High Court on the other side - when there are conflicting .....
22 2014 (10) TMI 817 - UTTARAKHAND HIGH COURT
  Commissioner, Customs And Central Excise, Meerut-I Versus M/s. RS. Travels
  Rent a cab scheme - principle of estoppel in law against a party - appellant has admitted the liability whereas high court has decided that the activity is not taxable in Commissioner, Customs & Central Excise Versus Sachin Malhotra, Raj Kumar Taneja.....
23 2014 (10) TMI 816 - UTTARAKHAND HIGH COURT
  Commissioner, Customs & Central Excise Versus Sachin Malhotra, Raj Kumar Taneja, M/s. Shiva Travels
  Rent a cab scheme - whether the person engaged in the business of renting cabs, irrespective of the number of vehicles held by him (even if he does not own and has instead rented even a single cab) is not covered under the definition of Rent-a-Cab op.....
24 2014 (10) TMI 815 - CESTAT CHENNAI
  M/s. Visshu Constructions Versus Commissioner of Central Excise, Salem
  Waiver of pre-deposit of service tax - Commercial and Industrial Construction - exemption Notification No.1/2006-ST, dated 01.03.2006 - Held that:- Prima facie, we find that the applicant availed the benefit of exemption Notification knowing fully w.....
25 2014 (10) TMI 814 - CESTAT BANGALORE
  TATA HITACHI CONSTRUCTION MACHINERY CO. LTD. Versus CST., BANGALORE
  Waiver of pre deposit - valuation - Repair and maintenance service - inclusion of value of spares/parts required for repair and maintenance - Held that:- value of spares and materials used was mentioned in the main part as a summary and there was an .....
26 2014 (10) TMI 813 - CESTAT MUMBAI
  COMMISSIONER OF CENTRAL EXCISE, NAGPUR Versus ADCC INFOCAD PVT. LTD.
  Classification of service - Scientific or technical consulting services or survey and map-making service - Held that:- Revenue wants to classify the service under ‘scientific and technical consultancy service’. As per the provisions of the Finance Ac.....
27 2014 (10) TMI 812 - CESTAT MUMBAI
  JAIKA MOTORS LTD. Versus COMMISSIONER OF CENTRAL EXCISE, NAGPUR
  Business auxiliary service - Appellant are dealer of motor vehicles - Appellant provide table space to bank to promote their business - Held that:- Revenue had not produced any evidence by way of agreement or any guidelines from the Bank or financial.....
28 2014 (10) TMI 811 - CESTAT NEW DELHI
  NV METALLICS PVT LTD Versus COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX
  Non complaince of pre deposit order - Held that:- When the matter was called, none appeared from the appellant side. However, a letter dt.2.6.2014 has been received from the appellant wherein he has requested that due to bad financial condition, the .....
29 2014 (10) TMI 810 - RAJASTHAN HIGH COURT
  Indure Pvt. Ltd. Versus State of Rajasthan and Others
  Writ petition against the SCN issued under VAT - SCN issued for rectification of the exemption fees certificate in prescribed form VAT-14 - Held that:- While the jurisdiction of the assessing authority under section 33 of the Act of 2003 to rectify t.....
30 2014 (10) TMI 809 - CESTAT AHMEDABAD
  M/s Bhilosa Industries Pvt. Ltd. and others Versus CCE Vapi and others
  Exemption Notification No.30/2004-CE - Whether the appellants are eligible to the benefit of exemption under Sr.No.6 of the Notification No.30/2004-CE, dt.09.07.2004, as amended, when the appellants are having more than one factories and also have th.....
31 2014 (10) TMI 808 - CESTAT MUMBAI
  RAKHOH ENTERPRISES AND GEMINI INSTRATECH PVT LTD. Versus COMMISSIONER OF CENTRAL EXCISE, PUNE-I
  Denial of the benefit of Notification No. 06/2006 dt. 1.3.2006 amended by Notification No. 12/2012 dt. 17.3.2012 - whether the LSP and anchor rings, and tower doors can be considered to be covered under ‘wind operated electricity generator, its comp.....
32 2014 (10) TMI 807 - CESTAT NEW DELHI
  M/s Brindavan Beverages Pvt. Ltd. Versus CCE, Meerut
  Denial of CENVAT Credit - Capital goods - initially capital goods used for manufacturing of exempted goods only - Held that:- Capital goods had been received during period from September 2004 to August 2005 when the Cenvat credit had been taken and a.....
33 2014 (10) TMI 806 - CESTAT NEW DELHI
  M/s Dabur India Limited Alwar Unit, Ghaziabad Versus CCE, Jaipur-I
  Cenvat credit - non distribution of credit by the Input service distribution in proportion to the turnover of advertisement and sales promotion service - Held that:- during the period of dispute i.e. during the period prior to 01/07/2002, there was .....
34 2014 (10) TMI 805 - CESTAT CHENNAI
  Sri Gangaa Parameswari Spinners (P) Ltd. Versus Commissioner of Central Excise, Trichy
  Penalty u/s 11AC - Clandestine removal of goods - document evidence to prove - Held that:- officers had carried out complete physical stock taking of finished goods, and also verified the production register and tallied with physical stock and conclu.....
35 2014 (10) TMI 804 - CESTAT NEW DELHI
  M/s Swati Menthol & Allied Chemicals Ltd. Versus CCE, Meerut-II
  CENVAT Credit - reversal of credit when final product become exempt after taking cenvat credit - Rule 6 (1) as well as Rule 11 (3) (ii) of the Cenvat Credit Rules, 2004 - Held that:- sub-Rule would be applicable only in the case when there is only on.....
36 2014 (10) TMI 803 - PUNJAB & HARYANA HIGH COURT
  Commissioner, Central Excise Commissionerate, Panchkula Versus M/s. Jyoti Sales Corporation, Tarori
  Waiver of pre deposit - Extension of stay order - Tribunal allowed the stay application unconditionally while dispensing with the condition of pre-deposit of the entire amount of duty, interest and penalty - Whether the Tribunal is correct in grantin.....
37 2014 (10) TMI 802 - ANDHRA PRADESH HIGH COURT
  The Collector of Central Excise Versus Fenoplast Ltd.
  Classification of goods - Classification of rexin cloth under Clause 19(i) of the Tariff Act or under Clause 19(iii) - Held that:- Section11-A of the Act, as it stood then, prescribes the period of limitation, within which the Department can recover .....
38 2014 (10) TMI 801 - MADRAS HIGH COURT
  Commissioner of Central Excise Versus M/s. Madras Aluminium Co. Ltd.
  Cenvat Credit - capital goods - structural steel items viz., M.S.Plates, Angles, Channels and HR Sheets used for civil construction activity - whether M.S. Flates, Plates and Angles used as a capital goods are entitled to the benefit of modvat credit.....
39 2014 (10) TMI 800 - CESTAT BANGALORE
  M/s. Punjab Communications Ltd. Versus Commissioner of Customs, Central Excise & Service Tax, Hyderabad-II
  Waiver of pre deposit - import of software - customised software or embedded with the hardware - Benefit of exemption Notification No. 06/06-CE dated 1.3.2006 - Whether the main parties namely M/s Prithvi Information Systems Ltd. (PISL) and M/s Vupp.....
40 2014 (10) TMI 799 - CESTAT MUMBAI
  COMMISSIONER OF CUSTOMS, MUMBAI-I Versus M/s DILMEET CORPORATION
  Penalty u/s 112 - Restriction on import - radioactive nature of the goods - Held that:- importing firm had abandoned the goods in question in April-August, 1996 by their various acts of not getting the goods cleared for home consumption and not oppos.....
41 2014 (10) TMI 798 - CESTAT NEW DELHI
  BANDO (INDIA) PVT. LTD. Versus COMMR. OF CUS. (ICD), NEW DELHI
  Denial of refund claim - Unjust enrichment - Held that:- Appellants have submitted before Commissioner (Appeals) the balance sheets for the relevant period, wherein the said excess payment of duty was reflected as “advance payment/credit”. The said f.....
42 2014 (10) TMI 797 - CESTAT MUMBAI
  GAJANAN B. SUDRIK Versus COMMISSIONER OF CUSTOMS (EP), MUMBAI
  Penalty on CHA - involvment of CHA or its employee to the fraudulent transaction - Held that:- From the statement, no conclusion can be reached as to their involvement in the fraudulent transactions. All the appellants in their statements have depose.....
43 2014 (10) TMI 796 - ITAT DELHI
  Skyline Engineering Contracts (India) Pvt. Ltd. Versus. ACIT Range -8, New Delhi
  Interpretation of section 43B – Interest on service tax outstanding – Held that:- The object of section 43B of the Act is to curb the activities of those taxpayers who do not discharge their statutory liability of payment of tax or duty, for a long p.....
44 2014 (10) TMI 795 - ITAT MUMBAI
  Late Shri Harshad S. Mehta Through L/H Smt. Jyoti H. Mehta Versus The DCIT, Central. Cir. 23, Mumbai
  Rejection of books of accounts – Counsel of the assessee contended that the books of accounts are not properly examined – Reasons for rejection of books of accounts valid or not - Held that:- The first reason for rejection of books is that the books .....
45 2014 (10) TMI 794 - GUJARAT HIGH COURT
  Kosha Cubidor Containers Ltd. Versus Dy. CIT. (Asstt)
  Depreciation plant and machinery used in trial production - Whether the Tribunal is right in disallowing the assessee's claim for depreciation allowance u/s 32 in respect of plant and machinery used in trial production during the year – Held that:- F.....
46 2014 (10) TMI 793 - GUJARAT HIGH COURT
  Bipinchandra K. Bhatia Versus Dy. CIT.
  Allowability of business loss u/s 28 - Claim for deduction on gold seized by the Custom Authorities allowable business expenditure or not - Whether the loss incidental to business is allowable u/s 28 and the provision of Section 37(1) of the Income T.....
47 2014 (10) TMI 792 - MADRAS HIGH COURT
  Commissioner of Income Tax Versus M/s. Veejay Tool and Die Pvt. Ltd.
  Claim of depreciation @ 80% on installation of windmill – Satisfaction of requirement of second proviso to Rule 5(1A) of the Income Tax Rules or not – Held that:- Following the decision in CIT V. Vijaya Hirasa Kalamkar (HUF) [1992 (9) TMI 4 - BOMBAY .....
48 2014 (10) TMI 791 - MADRAS HIGH COURT
  Commissioner of Income Tax Versus M/s. Best Corporation (P) Ltd.
  Claim of depreciation @ 80% on installation of windmill – Satisfaction of requirement of second proviso to Rule 5(1A) of the Income Tax Rules or not – Held that:- Following the decision in CIT V. Vijaya Hirasa Kalamkar (HUF) [1992 (9) TMI 4 - BOMBAY .....
49 2014 (10) TMI 790 - GUJARAT HIGH COURT
  Commissioner of Income Tax-I Versus Arihant Avenue & Credit Ltd.
  Disallowance on interest expenses in interest free advances given to sister concern deleted – Held that:- The Tribunal rightly relied upon B & A Plantations Industries Ltd. vs. CIT [1999 (12) TMI 43 - GAUHATI High Court] for the principle that where.....
50 2014 (10) TMI 789 - GUJARAT HIGH COURT
  CIT. Versus Bhikkamal Chhotalal
  Allowability of deduction u/s 80HH and 80I – Ship breaking activity amounts to manufacture and production or not – Whether the Tribunal was right in allowing the deduction u/s 80-HH and 80-I holding that ship breaking activity gives rise to manufactu.....
51 2014 (10) TMI 788 - MADRAS HIGH COURT
  Commissioner of Income Tax Versus M/s. ABT Ltd. C/o. M/s. Subbaraya Aiyar Padmanabhan & Ramamani, Advocates
  Claim of depreciation on installation of windmill – Satisfaction of requirement of second proviso to Rule 5(1A) of the Income Tax Rules or not – Held that:- Following the decision in CIT V. Vijaya Hirasa Kalamkar (HUF) [1992 (9) TMI 4 - BOMBAY High C.....
52 2014 (10) TMI 787 - ALLAHABAD HIGH COURT
  Commissioner of Income Tax Versus M/s. Vacment India Agra
  Method of computation of tax - Whether the Tribunal has erred in allowing the calculation of tax in violation of the provisions of the relevant Finance Act which prescribe calculation of tax as inclusive of cess and surcharge – Held that:- The Tribun.....
53 2014 (10) TMI 786 - GUJARAT HIGH COURT
  Commissioner of Income Tax Versus Panner Investment Pvt. Ltd.
  Eligibility for benefit u/s 47(v) - Whether the Tribunal is right in holding that capital gain chargeable to tax u/s. 46(2) will also be eligible for grant of benefit envisaged u/s 47(v) - Held that:- Following the decision in Commissioner of Income .....
54 2014 (10) TMI 785 - GUJARAT HIGH COURT
  Divya vasundhara financers Pvt. Ltd. Versus ACIT.
  Effect of amendment to section 2(47)(v) - Scope of term transfer - Whether the Tribunal is right in its interpretation that the amendment made with effect from 1.4.1988 by the Finance Act, 1987 enlarging the scope of the word “transfer” used in secti.....
55 2014 (10) TMI 784 - GUJARAT HIGH COURT
  The Joint Commissioner of Income Tax Versus Amoli Organics Ltd.
  Deduction of amount of depreciation from profits u/s 115JA – Method of calculation of depreciation changed from Straight line method to WDV – Interest to be charged u/s 234B and 234C or not - Held that:- Following the decision in Deputy Commissioner .....
56 2014 (10) TMI 783 - BOMBAY HIGH COURT
  Commissioner of Income Tax Versus M/s. Fortune Hotels And Estates Pvt. Ltd.
  Penalty u/s 271(1)(c) – Addition of deemed income u/s 50C - Whether the Tribunal was right in holding that the penalty cannot be imposed with reference to addition of deemed income u/s 50C – Held that:- The Tribunal was rightly of the view that this .....
57 2014 (10) TMI 782 - ITAT LUCKNOW
  Income Tax Officer Versus Shri Rais Iqbal
  Addition of unexplained investment under various heads – Held that:- Had it been the case of admission of additional evidence by the CIT(A) without confronting to the AO, the Revenue should have taken a ground with regard to the violation of Rule 46A.....
58 2014 (10) TMI 781 - ITAT MUMBAI
  Commissioner of Income Tax Versus M/s. Reliance Share And Stock Brokers (P) Ltd.
  Disallowance of interest made u/s 14A r.w. rule 8D – Held that:- The AO has to examine the disallowance made by the assessee by having regard to the accounts of the assessee and only thereafter the AO, if he is not satisfied with the correctness of t.....
59 2014 (10) TMI 780 - ITAT DELHI
  Sh. Pushpendr Kumar Goyal, C/o. Sh. Sachin Jain, Advocate Versus Commissioner of Income Tax
  Jurisdiction of CIT to invoke section 263 – Assessment order passed by AO erroneous and prejudicial to the interests of revenue or not – Held that:- As decided in Malabar Industries Co. Ltd. vs. CIT [2000 (2) TMI 10 - SUPREME Court] - this is not a f.....
60 2014 (10) TMI 779 - ITAT AMRITSAR
  Income Tax Officer Versus M/s. Dogra Educational Trust
  Exemption to be allowed u/s 10(23C)(vi) or section 11 – assessee claimed exemption u/s 11 – Held that:- Deduction was claimed u/s 11 of the Act in the return of income and the assessee was not having exemption u/s 10(23C)(vi) of the Act at the time o.....
61 2014 (10) TMI 778 - ITAT DELHI
  Dy. Commissioner of Income Tax, Central Circle-17, Versus BL. Kashyap & Sons
  Proceedings u/s 153A - Search and seizure operation u/s 132 Relevant details for verification of genuineness of expenses submitted or not – partial expenses deleted – Held that:- Following the decision in M/s ALL CARGO GLOBAL LOGISTICS LTD Versus DE.....
62 2014 (10) TMI 777 - ITAT DELHI
  Swapnil Properties (P) Ltd. Versus ACIT Central Circle-21 New Delhi.
  Search and seizure operation u/s 132 - Addition u/s 153C – Addition of cash payment on the basis of seized documents – Held that:- The seized document was not found from the premises of the assessee nor was it signed by the employee of the assessee n.....
63 2014 (10) TMI 776 - ITAT MUMBAI
  Araska Diamond Pvt. Ltd. Versus ACIT 5(1), Mumbai
  Foreign currency forward contract treated as speculation loss – Held that:- The assessee is dealing in diamonds, it had entered in to 24 forward contracts, that total forward contract cancelled were of ₹ 28 Crores, that the total sales during t.....
64 2014 (10) TMI 775 - ITAT DELHI
  ACIT, Circle-II, Faridabad Versus Sh. Dinesh Verma, House of Taxman, 1A/121 NIT
  Admission of additional evidence – Held that:- There was no infirmity in the order of CIT(A) in admitting the additional evidence - Revenue has not raised any ground challenging the additional ground admitted by CIT(A) - After an additional ground is.....
65 2014 (10) TMI 774 - SUPREME COURT
  M/s AZRA POULTRY EQUIPMENTS Versus UNION OF INDIA & ORS.
  Appeal against the decision of high Court - Applicant withdrawn the matter before the supreme court to pursue matter before Commissioner with an application for condonation of delay - High Court [2012 (3) TMI 326 - Delhi High Court] has held that Wir.....
66 2014 (10) TMI 773 - CESTAT BANGALORE
  Canara Bank Versus Commissioner of Central Excise, Customs and Service Tax BANGALORE-LTU
  Irregular availment of CENVAT credit - Banking and Other Financial Services - restriction on utilization of 20% of service tax - Held that:- As regards demand on the ground that the appellants had utilized more than 20% of the service tax payable fro.....
67 2014 (10) TMI 772 - CESTAT NEW DELHI
  M/s. Singhania Enterprices Versus CCE, Raipur
  Construction of complex service - renting of immovable property service - transport of goods by road service - Held that:- demand of ₹ 8,81,135/- has been confirmed on an amount of ₹ 23705930/- the details of which are available in the ta.....
68 2014 (10) TMI 771 - CESTAT MUMBAI
  SANGLI DISTRICT CENTRAL CO-OPERATIVE BANK LTD. Versus COMMISSIONER OF CENTRAL EXCISE, KOLHAPUR
  Waiver of pre-deposit - valuation - Renting of Immovable Property service - demand is in respect of expenditure incurred on repairs and maintenance of machinery by adding to the assessable value for the purpose of Renting of Immovable Property - Held.....
69 2014 (10) TMI 770 - CESTAT CHENNAI
  M/s. Akash Homes Versus CCE & ST, Coimbatore
  Waiver of pre deposit - Construction of Residential Complex Service - Held that:- Applicants are engaged in the construction of a project under the name of ‘Golden Enclave’ of multistoried residential complex comprising of 36 flats and 30 individual .....
70 2014 (10) TMI 769 - CESTAT BANGALORE
  CHEMMANUR ACADEMY & SYSTEMS PVT. LTD. Versus COMMR. OF C. EX., COCHIN
  Manpower recruitment and supply service and commercial training and coaching service - Held that:- Appellants get the payment made for the training element involved while sending the nurses abroad only, if the nurses join the hospital in America and .....
71 2014 (10) TMI 768 - CESTAT AHMEDABAD
  BIPCO INDUSTRIES (TOOLS) PVT. LTD. Versus COMMR. OF C. EX. & ST., DAMAN
  Imposition of penalties u/s 76 - discharge of the service tax liability with interest before issuance of show cause notice - held that:- Appellant was informed about the short payment of tax by the Jurisdictional Range Officer to which he complied by.....
72 2014 (10) TMI 767 - CESTAT BANGALORE
  KENTON LEISURE SERVICES PVT LTD. Versus COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX, TRIVANDRUM
  Business support service - Hostel facility service - Canteen service - Held that:- According to the appellant the main business of TCS is software development and running of hostel cannot be termed as a support service. Hostel facility has to be trea.....
73 2014 (10) TMI 766 - CESTAT BANGALORE
  SNS INTERIOR WORKS PVT. LTD. Versus COMMR. OF ST., BANGALORE
  Waiver of pre deposit - Classification of service - Interior decorator service or works contract service - Held that:- interior decorator has to be a professional and has to advertise himself to the public that he is an interior decorator. From the b.....
74 2014 (10) TMI 765 - Andhra Pradesh High Court
  NIIT Limited Versus Deputy Commissioner (CT), Abids Division, Hyderabad and others
  Nature of activity - Works Contract or contract of sale or contract of service - imparting computer education in the schools - petitioner had provided computers and software for teaching purpose - Whether the contract dated 29.6.2002 can be construed.....
75 2014 (10) TMI 764 - CESTAT NEW DELHI
  M/s Maruti Suzuki India Ltd. (Gurgaon Plant) Versus CCE. Delhi-III, Gurgaon
  Valuation of goods - dealers of Maruti Suzuki are charging price over and above the ex-showroom price from the ultimate customers of the vehicles - whether part of the promotional discount paid from the dealer's margin is includible in the assessable.....
76 2014 (10) TMI 763 - MADRAS HIGH COURT
  Commissioner of Central Excise Versus M/s Chemplast Sanmar Ltd
  Denial of CENVAT Credit - Capital goods - Credit taken on MS tanks - Held that:- By no stretch of imagination one can deny that MS Tank used in the manufacturing process is not a plant, machinery, apparatus, equipment etc. items in question were used.....
77 2014 (10) TMI 762 - GUJARAT HIGH COURT
  KIRMANI FABRICATORS Versus COMMISSIONER OF CENTRAL EXCISE
  Condonation of delay - ground for seeking condonation of delay is that the appellant was not properly guided in the matter of preferring appeal and was also worried about the huge amount that he would be required to pay at the time of preferring the .....
78 2014 (10) TMI 761 - GUJARAT HIGH COURT
  Sajni Lead And Fabricators Versus Commissioner of Central Excise
  Condonation of delay - ground for seeking condonation of delay is that the appellant was not properly guided in the matter of preferring appeal and was also worried about the huge amount that he would be required to pay at the time of preferring the .....
79 2014 (10) TMI 760 - ANDHRA PRADESH HIGH COURT
  The Commissioner of Customs and Central Excise Versus M/s. Balaji Steel Corporation Limited
  Reference application - Whether the Tribunal was correct in merely dismissing the appeal without having taken the Boards Review order into consideration - Held that:- The power conferred upon the Board under Section 35H of the Act is somewhat typical.....
80 2014 (10) TMI 759 - ALLAHABAD HIGH COURT
  Commissioner Central Excise Kanpur Nagar Versus Shri Naveen Kanna Director M/s Annakut B. Co. Pvt. Ltd.
  Waiver of pre deposit - Extension of stay order beyond period of 365 days - Held that:- Tribunal has noted that a waiver of pre-deposit and unconditional stay on the realisation of the adjudicated liability was granted by the Tribunal since a prima f.....
81 2014 (10) TMI 758 - ALLAHABAD HIGH COURT
  Commissioner of Customs & Central Excise Versus M/s. Silver Oak Laboratories Pvt. & Others
  Denial of CENVAT Credit - assessee availed the credit of CVD as paid as per the direction of settlement commission - levy of penalty would on the Managing Director and the Authorized Signatory - Held that:- Settlement Commission in its order has giv.....
82 2014 (10) TMI 757 - PUNJAB & HARYANA HIGH COURT
  M/s. Noble Chlorochem Pvt. Ltd. Versus Commissioner of Central Excise And Another
  Waiver of pre deposit - Wrong claim of SSI Exemption - Quantum of pre-deposit made - Tribunal ordered the assessee to deposit 25% of duty - Held that:- keeping in view the totality of the facts and circumstances of the case coupled with the fact tha.....
83 2014 (10) TMI 756 - CESTAT BANGALORE
  Dimensions Cybertech (I) Pvt Ltd Versus Commissioner Of Central Excise, Customs And Service Tax Trivandrum
  Failure to fulfill export obligation - Held that:- appellants have failed to fulfill the export obligation and therefore, the duty demand with interest made in the order is fully justified and it cannot be said that liability is disputable - appellan.....
84 2014 (10) TMI 755 - CESTAT CHENNAI
  MKS. Mohammed Rafi Versus Commissioner of Customs (Airport & ACC), Chennai
  Confiscation of foreign currencies u/s 113(d) - penalty u/s 114 - appellant was carrying foreign currency without the permission of RBI - Held that:- The authorities took note of the voluntary statement recorded under Section 108 of the Act, wherein .....
85 2014 (10) TMI 754 - CESTAT MUMBAI
  EMITEC EMISSION CONTROL TECH. (I) P. LTD. Versus CC. (IMPORT), MUMBAI-I
  Valuation of goods - Addition of royalty for technical know how fees - Held that:- Under Rule 9(1)(c), the cost of technical know-how and payment of royalty is includible in the price of the imported goods if the said payment constitutes a condition .....
86 2014 (10) TMI 753 - CESTAT MUMBAI
  HOUSE FULL INTERNATIONAL LTD. Versus COMMR. OF CUS. (IMPORT) JNCH, SHEVA
  Valuation of goods - Undervaluation of goods - Determination of transaction value - Held that:- As per the Public Notice, all the importers are required to furnish the details like nature, type, quality, grade of constituent materials used for the fr.....
87 2014 (10) TMI 752 - ITAT DELHI
  ITO, Ward 46(1), New Delhi Versus Yavit Singh Tehlan
  Unexplained credits u/s 68 – Acceptance of additional evidence - Notice sent to assessee but assessee did not appear before AO – Cash deposit in the assessee’s bank account treated as income from undisclosed sources – Held that:- The contention of th.....
88 2014 (10) TMI 751 - GUJARAT HIGH COURT
  Shanti Enterprise Versus Assistant Commissioner of Income Tax & 1
  Cancellation of penalty u/s 271(1)(c) - Refund of amount - Assessee contended that since he succeeded before the Tribunal against the order of assessment, by virtue of provisions of section 275(1A) of the Act, the revenue were required to delete the .....
89 2014 (10) TMI 750 - HIMACHAL PRADESH HIGH COURT
  Anand Chauhan Versus The Commissioner of Income Tax
  Validity of transfer of cases from DCIT, Circle Shimla to ACIT/DCIT Central Circle-I, Chandigarh - Whether the execution/implementation of the orders would be a ground for dismissing the writ petitions at the threshold stage – Held that:-The writ pet.....
90 2014 (10) TMI 749 - ANDHRA PRADESH HIGH COURT
  Commissioner of Income Tax Versus The India Fruits Limited
  Deemed dividend u/s 2(22)(e) – Amount advances to shareholders - Whether lending of the amount to the shareholder is in the ordinary course of its business and that the activity of lending of money constitutes substantial part of the business of the .....
91 2014 (10) TMI 748 - RAJASTHAN HIGH COURT
  Commissioner of Income Tax Versus M/s. Modern Insulators Ltd.
  Payment of commission to non-resident agents – Liability to deduct TDS – Question of law not challenged before Tribunal - Held that:- The question of deduction of tax at source under Section 195 would arise only if the payment of commission to a non-.....
92 2014 (10) TMI 747 - PUNJAB & HARYANA HIGH COURT
  The Commissioner of Income Tax Versus Shri Gurdip Singh Sidhu
  Applicability of section 50C - Cases of transfer of land or building where the transaction was not registered with the stamp duty valuation authority within the purview of section 50C or not - Valuation of agricultural land as on 1.1.1981 – Held that.....
93 2014 (10) TMI 746 - DELHI HIGH COURT
  The Oriental Insurance Co. Ltd. Versus Deputy Commissioner of Income Tax & Another
  Violation of principles of natural justice – Opportunity of being heard not provided – Mandatory requirement u/s 245 not fulfilled - Adjustment of refund against outstanding penalty demand – Held that:- As decided in Glaxo Smith Kline Asia (P.) Ltd v.....
94 2014 (10) TMI 745 - GUJARAT HIGH COURT
  CIT. Versus Dintex Dyechem Ltd.
  Computation of MAT - Entitlement for unabsorbed depreciation - Unabsorbed business loss - Whether the Tribunal is right in holding that "loss" in explanation (iv) to section 115J means net loss after deduction of depreciation and that the assessee wa.....
95 2014 (10) TMI 744 - GUJARAT HIGH COURT
  Commissioner of Income Tax Versus Bharat Ship Breaking Corpn
  Allowability of deduction u/s 80HH and 80I – Ship breaking activity amounts to manufacture and production or not – Whether the Tribunal was right in allowing the deduction u/s 80-HH and 80-I holding that ship breaking activity gives rise to manufactu.....
96 2014 (10) TMI 743 - KERALA HIGH COURT
  M/s. Kerala Cashew Workers Relief & Welfare Fund Board Versus The Asst. Commissioner of Income Tax
  Non-speaking order passed – Exemption u/s 10(23C)(iv) not granted - Held that:- When the claim in terms of Section (23C) (iv) of the Income Tax Act was submitted before the 3rd respondent who in turn forwarded the application to the 4th respondent wi.....
97 2014 (10) TMI 742 - GUJARAT HIGH COURT
  ACIT. Versus Nirma Ltd.
  Benefit of deduction u/s 80HHC - Whether the benefit of deduction u/s. 80HHC can be claimed on the total income before allowing deduction of the unabsorbed losses, unabsorbed investment allowance and the unabsorbed depreciation – Held that:- Followin.....
98 2014 (10) TMI 741 - GUJARAT HIGH COURT
  Rasbihari Tabocco Processors Ltd. Versus Dy. CIT. (Asstt.)
  Deduction u/s. 80HH and 80I - Interest income on deposit with IDBI u/s 32AB – Interest income from getting bank guarantees of the Forest departments for the purchases of Tendu leaves – Whether the interest income cannot be said to be income derived f.....
99 2014 (10) TMI 740 - KARNATAKA HIGH COURT
  Commissioner of Income-Tax Davanagere and Income Tax Officer Ward-2, Shimoga. Versus The Urban Co-Operative Bank Limited
  Accrual of interest on NPAs – Mercantile system of accounting followed - Whether the Tribuanl was right in holding that the income from non-performing assets should be assessed on cash basis and not on mercantile basis despite the assesee maintain me.....
100 2014 (10) TMI 739 - ITAT HYDERABAD
  HSBC Electronic Data Processing India P. Ltd. Versus The ACIT, Circle 2(2), Hyderabad
  Transfer pricing adjustment – Selection of comparables – Accentia Technologies Limited – Eclerx Services Limited Mold-Tek Technologies Limited - Extraordinarily high profit of 117% - High profits because of ex-ordinary events – Functionally dissimila.....
101 2014 (10) TMI 738 - ITAT JODHPUR
  ACIT, Circle-1, Udaipur Versus M/s. Chetak Enterprises Ltd.
  Non-deduction of TDS on consultancy charges – Disallowance u/s 40(a)(ia) – Whether the payment is purely for consultancy & not reimbursement of the expenses – Held that:- As decided in assessee’s own case for the earlier assessment year, it has been .....
102 2014 (10) TMI 737 - ITAT HYDERABAD
  Conexant Systems (P.) Ltd. Versus Income-tax Officer, Ward-1(2), Hyderabad
  Addition of rental income – Held that:- The lease deed dated June 2, 2003 between the assessee- company and Vanenburg IT Park was amended by an addendum with effect from September, 22,2004 to include lease of additional premises (building 'D' 4th flo.....
103 2014 (10) TMI 736 - ITAT DELHI
  Ipsita Malik, ACIT C/o RS. Ahuja & Co Versus ACIT Circle-24 (1) New Delhi
  Capital Gains - Cost of construction and indexation disallowed – Cost of improvement – Payment to clear the dues – Held that:- Section 48 provides the mode of computation of capital gain - the income chargeable under the head “capital gain” shall be .....
104 2014 (10) TMI 735 - ITAT DELHI
  WesternGeco Interational Ltd Gurgaon. Versus ADIT International Taxation, Dehradun.
  Mineral oil, business for prospecting/ exploration, etc. - Taxability of seismic data acquisition and processing services Income deemed to accrue or arise in India - Whether the income of the assessee has to be computed in accordance with the provisi.....
105 2014 (10) TMI 734 - ITAT HYDERABAD
  Ushodaya Enterprises Ltd. Versus Asst. Commissioner of Income-tax
  Advances written off disallowed – Held that:- While AO has disallowed the amount for the reason that they are not in the nature of advance, CIT(A) has sustained the assessee’s claim n the ground that no evidence has been produced by assessee to subst.....
106 2014 (10) TMI 733 - ITAT KOLKATA
  Deputy Commissioner of Income-tax Versus M/s. Baljit Securities Private Limited
  Scope of Explanation to section 73 - Delivery based share trading loss to be treated as deemed speculative loss or not - Delivery based share trading loss comes under the ambit of Explanation to sec. 73 or not – Held that:- CIT(A) rightly allowed the.....
107 2014 (10) TMI 732 - CESTAT BANGALORE
  Orma Marble World Versus Commissioner of Central Excise, Customs and Service Tax
  Abatement under Notification No. 32/2004 - GTA service - CENVAT Credit - Held that:- where the service provider has not taken registration, there is no need for the service receiver to show evidence that the service provider has not taken any credit .....
108 2014 (10) TMI 731 - CESTAT MUMBAI
  BHH. SECURITIES LTD. Versus COMMISSIONER OF SERVICE TAX, MUMBAI
  Successor's liability - Imposition of penalty - Difference in the services provided by the appellant in the balance sheet as compared to their service tax returns - Held that:- during the impugned period the service tax could not have been taken from.....
109 2014 (10) TMI 730 - CESTAT BANGALORE
  HI TECH CLEANERS Versus Commissioner of Central Excise, Customs and Service Tax - BELGAUM
  Classification of service - Cleaning service or Business Auxiliary Service - Held that:- If it is cleaning service, normally the area to be cleaned and the nature of cleaning, the periodicity etc. would be specified. Moreover the amount payable for t.....
110 2014 (10) TMI 729 - CESTAT NEW DELHI
  INDIAN OIL CORPORATION LTD. Versus COMMISSIONER OF C. EX., DELHI-II
  CENVAT Credit - demand against the Input Service Distributor under Rule 14 - contravention of Rules 2(l), 2(m) and 7 of the Cenvat Credit Rules, 2004 - Held that:- Identical proceedings were earlier initiated by way of two show cause notices, dated.....
111 2014 (10) TMI 728 - CESTAT NEW DELHI
  BHARAT SANCHAR NIGAM LTD. Versus COMMR. OF C. EX. & ST., ALLAHABAD
  Denial of CENVAT Credit - absence of registration number of service provider - Held that:- There is no dispute about raising of the invoices by the service provider and giving all the particulars including the fact of payment of service tax. When the.....
112 2014 (10) TMI 727 - Karnataka High Court
  Deendayal Mahesh Kumar Versus Addl. Commissioner of Comml. Taxes, Zone-I, Gandhinagar Bengalooru and others
  Local sale or Central Sale - works contract in the course of interstate sale - Whether the assessee is entitled for grant of exemption in respect of the turnover pertaining to inter-State purchases of goods used in the execution of the said project (.....
113 2014 (10) TMI 726 - BOMBAY HIGH COURT
  Cadila Healthcare Ltd. Versus The Union of India & Ors.
  Denial of rebate claim - non export of goods within 6 months - extension of time for export - Notification No.19/2004-CE (NT) dated 6th September, 2004 - Held that:- The application was filed with the Jurisdictional Deputy Commissioner of Central Exc.....
114 2014 (10) TMI 725 - ALLAHABAD HIGH COURT
  Commissioner Central Excise Versus M/s. Bonny Baby Care Pvt. Ltd.
  SSI Exemption - Brand Name - assigning the brand name - Manufacturing of Nipple or complete feeding bottles - affixing/assembling of Nipple to other components/accessories bought out from outside or manufactured by others - Valuation - Brand Name - H.....
115 2014 (10) TMI 724 - CESTAT NEW DELHI (LB)
  Chhatttisgarh Disterlleries Ltd. (Formerly Kedia Castle Delleon Ind. Ltd.), M/s Haldiram India Pvt Ltd. and others Versus CCE, Delhi and others
  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:- even in a case where the period of 365 days has passed from the date of initial grant of.....
116 2014 (10) TMI 723 - GUJARAT HIGH COURT
  Commissioner Versus Motabhai Iron And Steel Industries
  Cenvat credit - allegation of non receipt of material - Held that:- no investigation had been taken by the Department at the end of the suppliers to ascertain the facts regarding delivery of goods. Moreover, the statutory records of the assessee conc.....
117 2014 (10) TMI 722 - ALLAHABAD HIGH COURT
  M/s. Daya Sugar Versus Commissioner, Central Excise, Meerut-1
  MODVAT Credit - Capital goods - Wrongful availment of credit - Goods used by the appellant was for manufacture of a platform - Held that:- The invoices reveal that the appellant had purchased checkered plates, packing plates, sheets, sections, stagin.....
118 2014 (10) TMI 721 - BOMBAY HIGH COURT
  The Commissioner of Central Excise, Raigad Versus M/s. Combitic Global Caplet Pvt. Ltd.
  Maintainability of revision application before the revisional authority - matter related to rebate of duty of excise on goods exported or on excisable material used in the manufacture of goods which are exported - scope of section section 35EE - He.....
119 2014 (10) TMI 720 - ALLAHABAD HIGH COURT
  NP. Agro (I) Industries Limited Versus Commissioner Central Excise, Lucknow (Now Meerut)
  Duty evasion - Clandestine removal of goods - Reversal of MODVAT Credit - Held that:- during the period of 21.04.1999 to 26.08.1999, the appellants did job work of 1,29,430 kgs. of inputs used for the manufacture of fabric, bags and wastage for a par.....
120 2014 (10) TMI 719 - ALLAHABAD HIGH COURT
  Triloki Prasad Sonkar Versus State of UP. Thru Excise Secy. Deptt. of Excise & 3 Others
  Cancellation of liquor license - Validity of order passed - Mandatory requirements not fulfilled - Held that:- section 48 clearly places an obligation upon the authorities prescribed therein to enter inspect any place in which any licensed manufactur.....
121 2014 (10) TMI 718 - CESTAT MUMBAI
  M/s NIPHAD SSK LTD Versus CCE, NASIK
  CENVAT Credit - Debit notes - Credit on ethyl alcohol - Captive consumption - Held that:- Debit notes raised every month by the appellant to the Superintendent of Division III of Nasik that the molasses used in manufacture of ethyl alcohol was system.....
122 2014 (10) TMI 717 - CESTAT BANGALORE
  3M India Ltd. Versus Commissioner of Central Excise, Customs and Service Tax - Bangalore-LTU
  Suo moto credit - earlier when objected by the department, assessee reversed the credit with interest - after winning the appeal he took the re-credit of amount reversed earlier with interest - Held that:- When service tax was not liable to be paid, .....
123 2014 (10) TMI 716 - CESTAT CHENNAI
  M/s. SASS Global Logistics Versus CC (Port-imp.), Chennai
  Suspension of the CHA licence - Regulation 20(3) of the Custom House Agents Licencing Regulations, 2004 - Held that:- as the Hon’ble High Court of Madras had already set aside the enquiry proceedings, the impugned orders of suspension of CHA Licence .....
124 2014 (10) TMI 715 - CESTAT CHENNAI
  M/s. Vardhaman Life Sciences Pvt. Ltd. Versus CC (Port-imp.), Chennai
  Denial of the extension of the warehousing period - Whether the appellant was given reasonable opportunity of personal hearing before passing the impugned order and whether the principles of natural justice is complied - Held that:- impugned order ha.....
125 2014 (10) TMI 714 - CESTAT MUMBAI
  M/s ORIENT SHIP AGENCY PVT LTD. Versus COMMISSIONER OF CUSTOMS (GENERAL) NCH, MUMBAI
  Waiver of pre-deposit of duty, interest and penalty - Notification No.104/94 dated 16.03.1994 - Held that:- Since the containers along with the goods are still in the custody of the Revenue, prima facie interest of the Revenue is safeguarded. Accordi.....
126 2014 (10) TMI 713 - CESTAT MUMBAI
  NARENDRA B. JAIN Versus COMMISSIONER OF CUSTOMS (ADJ.), MUMBAI
  Penalty u/s 112 - Seizure of goods - Held that:- Adjudicating Authority first to satisfy himself that the statement recorded during the course of investigation and thereafter if necessary allow the cross-examination of the persons whose statement has.....
127 2014 (10) TMI 712 - CESTAT NEW DELHI
  COMMISSIONER OF CENTRAL EXCISE, RAIPUR Versus MANJIT SINGH
  Seizure of goods - import of restricted goods - Commissioner refused the provisional release of the goods seized by DRI to Shri Manjit Singh on the ground that M/s. KAM, M/s. Khyati and M/s. KM International are non-existent and the respondent, Shri .....
128 2014 (10) TMI 711 - ITAT KOLKATA
  ITO Ward 3(1), Kolkata Versus M/s. Gurukripa Software Solutions (P) Ltd.
  Suppressed income - undisclosed income towards collection of amount of service tax on taxable services – Held that:- The AO has made addition as regards the difference between the sum credited in the P&L account on account of commission received from.....
129 2014 (10) TMI 710 - ITAT KOLKATA
  Income-tax Officer Versus M/s. Onkarmal Kajaria Family Trust
  Reference made u/s 55A - Transaction of immovable property against the actual deed of conveyance – Adoption of FMV as on 01.04.1981 - Computation of LTCG – Held that:- The long term capital gains arising out of transaction of this property will be as.....
130 2014 (10) TMI 709 - PUNJAB & HARYANA HIGH COURT
  The Commissioner of Income Tax, Patiala Versus Shri Ajay Kumar Singla
  Rejection of books of accounts - Addition u/s 40A(3) – Computation of income as per GP rate – Held that:- When the income of the assessee was computed by applying gross profit rate, there is no need to look into the provisions of Section 40A(3) of th.....
131 2014 (10) TMI 708 - ANDHRA PRADESH HIGH COURT
  Commissioner of Income Tax-II, Hyderabad Versus Premier Explosive Ltd.
  Entitlement for claim of deduction u/s 80HH and 80I – Claim can be made independent of set off and carry forward provision or not – Whether the deductions under the respective provisions must be made from the respective incomes of the concerned sourc.....
132 2014 (10) TMI 707 - PUNJAB & HARYANA HIGH COURT
  Isolux Corsan India Engineering & Construction Private Limited Versus Deputy Commissioner of Income Tax And Others
  Principles of natural justice not followed - Opportunity of being heard - Validity of direction made by AO for audit of accounts u/s 142(2A) - Whether Section 142(2A) of the Act renders it imperative that before passing an order an AO is required to .....
133 2014 (10) TMI 706 - KARNATAKA HIGH COURT
  THE COMMISSIONER OF INCOME TAX AND ASSISTANT COMMISSIONER OF INCOME TAX Versus M/s MANIPAL FINANCE CORPORATION LTD.
  Sum received as written off amount – Cessation of liability or not - Whether the Tribunal was correct in holding that the sum received by the assessee as fixed deposit during the earlier AY was written off by forfeiture during the current AY under a .....
134 2014 (10) TMI 705 - ALLAHABAD HIGH COURT
  Navada Education Trust Versus Commissioner of Income Tax
  Grant of registration u/s 12AA - Objects of the trust deed was never amended - Whether the Tribunal was justified in upholding the order of CIT granting registration u/s 12AA from the date of amendment of trust deed – Held that:- The registration was.....
135 2014 (10) TMI 704 - PUNJAB & HARYANA HIGH COURT
  Shri Bansi Dhar c/o M/s Ram Lal Kesar Dass Versus Deputy Commissioner of Income Tax And Another
  Waiver of interest – Adjustment of advance tax - Held that:- Revenue seized ₹ 21 lacs from M/s Ram Lal Kesar Dass, of which the petitioner and one Sh.Kesar Dass were partners - no credible reason has been assigned for rejecting the assessee's p.....
136 2014 (10) TMI 703 - SIKKIM HIGH COURT
  M/s. Yuksom Engineering Works Private Limited Versus Union of India And Others
  Validity of Power to transfer cases u/s 127 – Ten cases transferred – Direction made to file reply - Held that:- The assessee’s are directed to file reply/objection petition/ representation before the AO, to whom the case has been transferred vide or.....
137 2014 (10) TMI 702 - ITAT DELHI
  Mitsubishi Corporation India (P.) Ltd. Versus Deputy Commissioner of Income-tax
  Correctness of ALP adjustment - The nature of assessee's trading activity – Applicability of berry ratio - Held that:- Even with respect to the trading transactions, which were claimed by the assessee to be in the nature of a service rather than a tr.....
138 2014 (10) TMI 701 - ITAT CHANDIGARH
  Late Shri Pritam Singh Through L/R Gurjit Singh Versus DCIT, Central Circle- I Chandigarh
  Addition of contracts payments – Held that:- The supplementary cash book has been verified – it could not be understood that after making such verification how whole receipts were added to the income - It is not possible in case of various constructi.....
139 2014 (10) TMI 700 - ITAT LUCKNOW
  ACIT-4, Kanpur. Versus M/s Lohia Starlinger Ltd.,
  Non-admissibility of this commission u/s 37 -Applicability of section 9(1)(vii)(b) r.w. section 40(a)(i)(A) – Held that:- It is noted by the CIT(A) that countries of South America and Europe etc. are new business places which required the help of loc.....
140 2014 (10) TMI 699 - ITAT DELHI
  DCIT, Circle 7(1), New Delhi Versus SBI Cards & Payment Services Pvt. Ltd., State Bank of India
  Deferred revenue expenditure - assessee submitted that since the amount was of deferred revenue nature, being partly relatable to current year and partly to subsequent year, therefore, for preparation of balance sheet, it was claimed as deferred reve.....
141 2014 (10) TMI 698 - ITAT DELHI
  DCIT, Circle 32(1) Versus Soni Sonu Mirchandani New Delhi
  Interpretation of word previous owner - Family settlement agreement/memorandum – transfer of shares - Held that:- Section 49 makes it clear that if the mode of acquisition of a capital asset was by way of gift or will then it would not mean only the .....
142 2014 (10) TMI 697 - ITAT DELHI
  Asstt. Commissioner of Income Tax, Versus M/s Bulandshahr Roller Flour Mills (P) Ltd., Bulandshahr
  Addition of excess consumption of diesel - Whether the CIT(Appeals) has erred in not considering the deletion of addition of ₹ 3,58,15,876/- on account of excess consumption of Diesel without appreciating the facts brought on record by the A.O......
143 2014 (10) TMI 696 - ITAT HYDERABAD
  Kirby Building Systems India Ltd. Versus Additional Commissioner of Income-tax, Range-8, Hyderabad
  Transfer pricing adjustment - Payment of royalty and technical service fee – Held that:- Kirby Building Systems India P. Ltd., is a wholly owned subsidiary of Alghanim Industries, a Kuwait based Multi-Billion Conglomerate - It is one of the world’s l.....
144 2014 (10) TMI 695 - ITAT DELHI
  ACIT, LTU, NBCC Plaza, New Delhi Versus Nestle India Ltd.
  Partial disallowance on license fee payment u/s 40 A - excessive or unreasonable payment of royalty – Held that:- The assessee paid royalty to the extent of ₹ 100,18,62,000/- on account of general license fee payable to SPN - The AO disallowed .....
145 2014 (10) TMI 694 - ITAT KOLKATA
  M/s. Brindavan Commodities Pvt. Ltd. Versus CIT., Kolkata-III, Kolkata
  Jurisdiction of CIT u/s 263 – Requisite enquiries carried out or not – AO not acted after obtaining the information - Held that:- the return of income was filed on 31.08.2009 - The assessee company had shown no trading activity - after collecting som.....
146 2014 (10) TMI 693 - ITAT CHENNAI
  SKM Shree Shivkumar Versus Assistant Commissioner of Income-tax, Circle-I, Erode
  Piercing the corporate veil - Application of section 2(22)(e) and 56(2)(vi) - Realignment of the assets between family - Whether the realignment of the assets between the family members/HUF will give arise to taxable income U/s. 2(22)(e) and 56(2)(vi.....
147 2014 (10) TMI 692 - ITAT DELHI
  DCIT, Circle 8(1), New Delhi Versus M/s Shokeen Properties Pvt. Ltd.,
  Unexplained credits u/s 68 – Onus to prove - Held that:- Whatever compliance was asked by AO, assessee has duly filed the same - onus cast u/s 68 is primary in nature – there is no infirmity in the order of CIT(A) that as a per the first requirement .....
148 2014 (10) TMI 691 - ITAT LUCKNOW
  DCIT-1 Kanpur Versus Shri. Kishori Lal Agarwal
  Deemed dividend u/s 2(22)(e) – Loans and advances received - substantial part of business in money lending - ordinary course of business of the company - Held that:- If the assessee receives loans or advances from a company, in which it has substanti.....
149 2014 (10) TMI 690 - CESTAT MUMBAI
  SHREE CONSULTANTS Versus COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE, NAGPUR
  Consulting Engineer Services - Held that:- Appellants are not disputing the activity. The appellants undertake the activity of survey, preparation of plan and estimate of canal and distribution under a composite work order - survey and map making ser.....
150 2014 (10) TMI 689 - CESTAT MUMBAI
  SIDDHI VINAYAK STEEL Versus COMMISSIONER OF CUSTOMS, MUMBAI
  Denial of refund claim - Unjust enrichment - Held that:- doctrine of unjust enrichment would be applicable in the case of deposit of disputed amount. However, the appellant have been able to show that throughout they have been showing this amount in .....
151 2014 (10) TMI 688 - CESTAT AHMEDABAD
  Ms Bhavna Jayantibhai Desai Versus CCE&ST., Rajkot
  Levy and demand of service tax from the Director of Company - appellant signed the agreement as a Director on behalf of the Company - Held that:- Demand of Service tax is confirmed against her when in para 13 of OIO dtd 31/3/2013 contains the stand o.....
152 2014 (10) TMI 687 - CESTAT MUMBAI
  RELIANCE INDUSTRIES LTD. Versus COMMISSIONER OF CENTRAL EXCISE, LTU, MUMBAI
  Rectifications of mistake - Typographical mistake - Held that:- as appellant had not provided any service regarding which the appellants are liable to pay service tax on reverse charge mechanism in respect of any service provided or to be provided by.....
153 2014 (10) TMI 686 - CESTAT KOLKATA
  M/s BAKRESWAR CO-OPERATIVE MULTIPURPOSE LTD. Versus COMMISSIONER OF CENTRAL EXCISE, BOLPUR
  Waiver of pre deposit of Service Tax - construction services - sub contractor or not - Held that:- who supplied manpower to service receivers who in turn rendered construction services to the thermal project. It is the claim of the applicant that as .....
154 2014 (10) TMI 685 - CESTAT AHMEDABAD
  DETOX CORPORATION PVT. LTD. Versus COMMR. OF C. EX. & ST., SURAT-I
  Waiver of the pre-deposit - clubs or association services - Held that:- It transpires from the records that the appellant has effluent treatment plant which is commercially exploited by entering into a contract with the industries nearby for treating.....
155 2014 (10) TMI 684 - CESTAT MUMBAI
  AMARJEET RESORTS PVT. LTD. Versus COMMISSIONER OF CENTRAL EXCISE, NAGPUR
  Maintainability of appeal - Bar of limitation - Delay in receipt of order - Held that:- Adjudication order was dispatched through post on 30-3-2010 and the observation of the Commissioner (Appeals) in the impugned order is that the same has been rece.....
156 2014 (10) TMI 683 - CESTAT BANGALORE
  D. RAJESH Versus COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE
  Waiver of pre deposit - Real Estate Agent service - Held that:- Assessee had entered into agreement with four persons for purchase of the land. However subsequently he did not purchase the land but with the four persons with whom he had entered into .....
157 2014 (10) TMI 682 - CESTAT MUMBAI
  AQUAPHARM CHEMICALS PVT. LTD. Versus COMMR. OF C. EX., RAIGAD
  Denial of CENVAT Credit - Penalty u/s 11AC - Same registered office of exporter and recipient of service - Whether the manufacturing unit at Mahad of the appellant which is a manufacturer and exporter of the goods can avail CENVAT credit of Service T.....
158 2014 (10) TMI 681 - GUJRAT HIGH COURT
  Gujarat Industrial Investment Corp. Ltd. Versus Union of India
  Attachment of the movable and immovable properties - priority over the rights - Preference to Banking company or Central Excise Department - Failure to pay amount due - Held that:- if the contention on behalf of the petitioner is accepted, in that c.....
159 2014 (10) TMI 680 - CESTAT NEW DELHI
  M/s Pasondia Steel Profiles Ltd. Versus CCE, Ghaziabad
  Manufacture - whether conversion of HR Coils into CR Sheets/Strips amounts to manufacture or not - Held that:- Heading 72.08 and 72.09 of the Central Excise Tariff are based on the HSN heading 72.08 and 72.09 respectively and similarly heading 72.11 .....
160 2014 (10) TMI 679 - CESTAT NEW DELHI
  M/s Ultra Tech Cement Ltd. Versus CCE & ST, Rohtak
  Disallowance of CENVAT Credit - outward transportation charges - invocation of the extended period of limitation - Place of removal - Held that:- there is no provision in the Central Excise Act, 1944 or its rules or in any Circular issued by the Boar.....
161 2014 (10) TMI 678 - CESTAT MUMBAI
  COMMISSIONER OF CENTRAL EXCISE, PUNE –II Versus M/s SG PHYTO PHARMA PVT LTD
  Denial of refund claim - Unjust enrichment - Held that:- Commissioner (Appeals) has recorded in favour of the respondent assessee, that it has collected the duty of excise as per the commercial invoice and have not collected the higher duty as indica.....
162 2014 (10) TMI 677 - CESTAT MUMBAI
  PHOENIX INDUSTRIES PVT LTD. Versus COMMISSIONER OF CENTRAL EXCISE, RAIGAD
  Denial of refund claim of unutilized CENVAT Credit - Refund on closure of factory - The main contention of the learned Counsel of the appellants is that Rule 5 allows refund in cases where for any reason adjustment of accumulated credit is not possib.....
163 2014 (10) TMI 676 - CESTAT BANGALORE
  Mangalore Refinery And Petrochemicals Ltd Versus Commissioner of Central Excise and Service Tax Mangalore
  Waiver of pre deposit - Denial of Cenvat credit - various input services - scope of the term "activities relating to business" - Held that:- Disputed services indicated should merit consideration as 'input service', since those services are used in r.....
164 2014 (10) TMI 675 - CESTAT MUMBAI
  COMMISSIONER OF CENTRAL EXCISE, MUMBAI Versus INDORAMA SYNTHETICS (I) LTD
  Simultaneous availment of exemption Notification and CENVAT Credit - Notification No. 46/2003-CE dated 17/05/2003 - Held that:- Notification No. 46/2003-CE dated 17/05/2003 grants exemption from National Calamity Contingent Duty (NCCD) on goods falli.....
165 2014 (10) TMI 674 - CESTAT BANGALORE
  Deccan Cements Ltd. Versus Commissioner of Customs, Central Excise and Service Tax, Guntur
  Classification of goods - Bituminous Coal or Steam Coal - benefit of lower rate of duty - benefit of concessional rate of duty under Notification No. 12/2012 - Held that:- Following decision of M/s COASTAL ENERGY PVT LTD AND OTHERS Versus COMMISSIONE.....
166 2014 (10) TMI 673 - CESTAT BANGALORE
  Accurate Clearing And Shipping Agency Versus Commissioner of Customs
  Revocation of Custom House Broker’s Licence - Held that:- Conclusion reached by the Commissioner that the appellant did not fulfill all the conditions under Regulation 11(n) may not be proper. In the absence of non-existence of the importer and in t.....
167 2014 (10) TMI 672 - CESTAT NEW DELHI
  ACI OILS PVT. LTD. Versus COMMISSIONER OF CENTRAL EXCISE, KANPUR
  Denial of benefit of Notification No. 14/2004, dated 8-1-2004 - Substantial expansion - Import of reverse osmosis machine - Held that:- On going through the said explanation, we find that ‘substantial expansion’ means the expansion which will increas.....
168 2014 (10) TMI 671 - CESTAT NEW DELHI
  COMMISSIONER OF CENTRAL EXCISE, NEW DELHI Versus ARTEX TEXTILE PVT. LTD.
  Enhancement of valuation of goods - Held that:- Order of Commissioner (Appeals) is self-contradictory. On the one hand, he has remanded the matter and on the other hand, he has held that if the remanded matter is not decided within 15 days, the appea.....
169 2014 (10) TMI 670 - SUPREME COURT OF INDIA
  Securities and Exchange Board of India Verus Sahara India Real Estate Corporation Ltd.
  Restriction on offer of equity shares/OFCDS or any other securities to the public or invite subscription in any manner whatsoever either directly or indirectly - High Court directed to refund the amount collected by Saharas in terms of the RHPs issue.....
170 2014 (10) TMI 669 - ITAT CHENNAI
  Redington (India) Ltd. Versus Joint Commissioner of Income-tax, Company Range-V (3), Chennai
  Transfer pricing adjustment - Transfer of shares without consideration to be treated as gift or not – Transaction covered u/s 47(iii) or not - Held that:- It is a fact that the transfer of shares was made without consideration - there is nothing agai.....
171 2014 (10) TMI 668 - ITAT VISAKHAPATNAM
  Avinash Estates & Resorts Ltd. Versus Deputy Commissioner of Income-tax, Central Circle-2, Visakhapatnam
  Validity of the proceeding initiated u/s 153C – Held that:- On a perusal of the assessment order, it is not forthcoming, what are the seized materials on the basis of which the assessing officer has initiated proceedings u/s 153C of the Act - the CIT.....
172 2014 (10) TMI 667 - KERALA HIGH COURT
  Amaravathy Somasundaram (Expired) Versus The Chief Commissioner of Income Tax
  Appealability of order under Rule 86 - appeal against an order of the Tax Recovery Officer confirming the sale - Held that:- As decided in Subash Chand Goyal Versus Tax Recovery Officer And Others [2002 (2) TMI 75 - ALLAHABAD High Court] - an appeal .....
173 2014 (10) TMI 666 - GUJARAT HIGH COURT
  Assistant Commissioner of Income Tax Versus Adhrut Investment Pvt. Ltd.
  Accrued interest - Mercantile System of Accounting maintained - Whether the Tribunal is right in deleting the accrued interest added by the AO when amounts were advanced by the Assessee to Shri Budh Holdings & Trading Co. (P) Ltd and Shri Bahi & Co. .....
174 2014 (10) TMI 665 - BOMBAY HIGH COURT
  Mr. Jagdishprasad M. Joshi Versus The Assistant Commissioner of Income Tax And Others
  Validity of reopening of notice u/s 148 – Notice issued by AO to safeguard against a future contingency - Held that:- The notices have been issued in respect of the amount as bogus sales resulting in disallowing deduction u/s 80IA of the Act for AY 1.....
175 2014 (10) TMI 664 - BOMBAY HIGH COURT
  The Commissioner of Income Tax Versus Arun Exim Pvt. Ltd.
  Entitlement for claim of deduction u/s 35B – Commission paid to Shri C.G.S. Mani - Whether the Tribunal was rightly in holding that the commission paid by the assessee to Shri C.G.S. Mani amounted to maintenance of an agency within the meaning of cla.....
176 2014 (10) TMI 663 - ANDHRA PRADESH HIGH COURT
  Commissioner of Income Tax Versus The India Fruits Ltd.
  Accrual of income - Acquisition of right to receive balance consideration - Whether the assessee has acquired the right to receive the balance of 10% of the consideration for the electrical conductor supplied to its customer – Held that:- The Tribuna.....
177 2014 (10) TMI 662 - ANDHRA PRADESH HIGH COURT
  Commissioner of Income Tax Versus A. Vijay Kumar
  Liability to pay capital gains tax or not – Agricultural land or not - Assessee acquired rights vis-a-vis an item of immovable property of agricultural land – Held that:- The rights were acquired by the assessee through MOU, dated 25.12.1993 vis-a-vi.....
178 2014 (10) TMI 661 - KARNATAKA HIGH COURT
  THE COMMISSIONER OF INCOME-TAX AND THE DEPUTY COMMISSIONER OF INCOME-TAX Versus M/s MC DOWELL AND CO LTD
  Unclaimed credit balances excluded but included in part of book profits – unilateral action by the assessee in writing back a liability - addition u/s 41(1) - Held that:- The tribunal proceeded on the assumption the appellate commissioner has recor.....
179 2014 (10) TMI 660 - ITAT KOLKATA
  M/s. Bengal Export Corporation Vs. Dy. Commissioner of Income-tax
  Reopening of assessment u/s 147 r.w section 148 - Held that:- Nothing new tangible material was available before the AO for reopening the assessment and consequently, the AO acted on the same material, which was available before him at the time of or.....
180 2014 (10) TMI 659 - ITAT KOLKATA
  Deputy Commissioner of Income-tax, Vs. M/s. Baljit Securities Private Limited
  Scope of Explanation to sec. 73 – Deemed speculative loss or not - Whether delivery based share trading loss come under the ambit of Explanation to sec. 73 of the Act or not – Held that:- The assessee is engaged in the business of share trading which.....
181 2014 (10) TMI 658 - ITAT JAIPUR
  The ACIT Circle- 2, Ajmer Versus M/s. Shree Cement Ltd.
  Classification of expenses – Capital or revenue expenses - expenses on conversion of WBM Road into Concrete Road – Held that:- The road is provided for enduring benefit to assessee Expenditure incurred on repair of roads by appellant is revenue expen.....
182 2014 (10) TMI 657 - ITAT DELHI
  Jubilant Foodworks Ltd. Versus ACIT Circle-4(1), New Delhi
  Income from royalty from M/s. DP Lanka Pvt. Ltd. – Accrual of income - Whether the assignment of accrual of royalty from the Sri Lankan subsidiary namely M/s. DPLPL results into non-taxability of the royalty income in the hands of the assessee compan.....
183 2014 (10) TMI 656 - ITAT AHMEDABAD
  Shri Tarun S. Varma (Ind.) Versus CIT-IV, Ahmadabad
  Jurisdiction of the CIT to invoke section 263 - Erroneous and prejudicial to the interest of revenue or not - Failure of AO to examine taxability of sale proceeds of the land as business income as against capital gains as offered in Return of Income .....
184 2014 (10) TMI 655 - ITAT MUMBAI
  Dy. CIT-9(2), Mumbai Versus Hathway Investment Pvt. Ltd.
  Disallowance u/s 14A(1) – Applicability of Rule 8D - Held that:- CIT(A) has very appropriately, considered and dealt with the assessee’s objection - The assessee’s revenue streams are from trading operations, sale of investments, dividend and interes.....
185 2014 (10) TMI 654 - ITAT COCHIN
  Padinjarekara Agencies Pvt. Ltd. Versus The Assistant Commissioner of Income Tax
  Reopening of assessment – Computation of profits - Assessee submitted that the only reason recorded is that agricultural income reduced from the net profit is ₹ 81,47,859/- in place of ₹ 5,229 in normal computation – Held that:- The asses.....
186 2014 (10) TMI 653 - ITAT MUMBAI
  Asst. Commissioner of Income tax Versus M/s. Crompton Greaves Ltd.
  Addition of various incomes deleted - Income from Business Service Centre, letting out services like communication, couriers, provision of electricity, air- conditioning and DC sets are assessable under the head 'income from other sources' in connect.....
187 2014 (10) TMI 652 - ITAT AHMEDABAD
  M/s. Surbhi Construction Co. Versus The DCIT Circle-6, Surat
  Condonation of delay to be granted or not – Liberal approached adopted - Claim of remuneration paid to partners – The explanation of the assessee for delay in filing the appeal before the CIT(A) was that a rectification application was pending before.....
188 2014 (10) TMI 651 - ITAT HYDERABAD
  The Deputy CIT Circle-16(3), Hyderabad Versus M/s. Owens Corning Industries (India) Pvt. Ltd.
  Transfer pricing adjustments - Restriction of payment of royalty to 2% instead of 5% and 4% of net sales – Held that:- The assessee was being rendered technical assistance through the royalty agreement entered into with Owens Corning Invest Cooperati.....
189 2014 (10) TMI 650 - ITAT AHMEDABAD
  India Gelatine & Chemicals Ltd. Versus Asstt. Commissioner of Income-tax
  Administrative and collection charges disallowed u/s 14A – Held that:- The AO was of the view that the assessee has made investment of ₹ 21,14,07,850/- and the assessee has paid interest on borrowed funds of ₹ 40,10,861 – the AO as well a.....
190 2014 (10) TMI 649 - ITAT HYDERABAD
  M/s. Satabisha Agro P. Ltd. And Others Versus Income Tax Officer (OSD) -3, Hyderabad
  Validity of reassessment u/s 143 r.w section 147 – Change of opinion - Nexus between the reasons recorded and additions made in the guise of escapement of income or not – Held that:- CIT(A) erred in holding that the AO had valid reasons to reopen the.....
191 2014 (10) TMI 648 - CESTAT BANGALORE
  M/s Dredging Corporation Of India Ltd Versus Commissioner of Central Excise, Customs and Service Tax, VISAKHAPATNAM-I
  Waiver of pre deposit - Modification of order - Held that:- Order relies upon the decision of the Hon’ble High court of Andhra Pradesh in the case of Sai Samhita Storages (P) Ltd. [2011 (2) TMI 400 - ANDHRA PRADESH HIGH COURT]. Learned counsel fairly.....
192 2014 (10) TMI 647 - CESTAT BANGALORE
  M/s Global Sea Foods & Hotels Ltd., C/O Dasapalla Hotel Versus Commissioner of Central Excise, Service Tax and Customs, Vishakhapatnam-II
  Mandap Keeper Service - Renting of immovable property - Extended period of limitation - Held that:- Appellant is doing restaurant business, it cannot be said that they had valid ground not to pay tax. Prima facie, we find that extended period also is.....
193 2014 (10) TMI 646 - CESTAT BANGALORE
  ESSAR PROJECTS (INDIA) LTD. Versus COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX, VISAKHAPATNAM-I
  Valuation of the taxable service - inclusion of value of free supply - construction of commercial or industrial complex - section 67 - whether the value of free issue material supplied by the service recipient has to be included while computing the g.....
194 2014 (10) TMI 645 - CESTAT CHENNAI
  M/s. United Cargo Transport Service Versus Commissioner of Service Tax, Chennai
  Waiver of pre deposit - Cargo handling service - Held that:- Applicant in their Profit & Loss Account mentioned the service as ‘Cargo Transport Hire Charges’ - classification dispute of the service would be examined at the time of appeal hearing at l.....
195 2014 (10) TMI 644 - CESTAT BANGALORE
  TOYOTA KIRLOSKAR MOTOR PVT. LTD. Versus CCE., C. & ST., BANGALORE-LTU
  Waiver of pre deposit - Reversal of CENVAT Credit - CVD taken on import of goods - Held that:- Prior to 1-4-2011, in the absence of any specific procedure or specific provisions of law, the appellants cannot be found fault with for entertaining the b.....
196 2014 (10) TMI 643 - CESTAT AHMEDABAD
  PAYAL ELECTRIC DECORATION Versus COMMISSIONER OF C. EX. & ST., RAJKOT
  Waiver of penalty u/s 80 - Penalty u/s 76 & 77 - electrical illumination services - Held that:- It is a fact that the appellant has provided temporary electrical illumination service to Govt. of Gujarat for celebrations of Independence Day, Republic .....
197 2014 (10) TMI 642 - CESTAT MUMBAI
  JYOTSANA D. PATEL Versus COMMISSIONER OF C. EX., NAGPUR
  Denial of refund claim - Bar of limitation - Held that:- It is admitted fact that the appellant was not required to pay any service tax for acquisition of residential unit as held by the Hon’ble High Court in K.V.R. Constructions (2009 (8) TMI 150 - .....
198 2014 (10) TMI 641 - CESTAT CHENNAI
  CHAITANYA SHANTINIKETAN Versus COMMISSIONER OF SERVICE TAX, CHENNAI
  Waiver of pre deposit - Construction of ‘Residential Complexes’ - Works Contract Composition Scheme - Held that:- Prima facie, applicant is eligible for the benefit of Works Contract Composition Scheme. Considering the fact that the tax liability has.....
199 2014 (10) TMI 640 - ALLAHABAD HIGH COURT
  M/s. Kunj Bihari Lal Radheyshyam Versus The Commissioner, Commercial Tax, UP., Lucknow
  Stock transfer - CST - Whether under the facts and circumstances of the case the Form F issued by the M/s Rajdhani Traders, Delhi and M/s Radhika Enterprises, Delhi are valid declaration form under Section 6A of the Central Sales Tax Act, 1956 - Held.....
200 2014 (10) TMI 639 - UTTARAKHAND HIGH COURT
  Commissioner of Customs And Central Excise Versus M/s. Bazpur Cooperative Sugar Factory Ltd.
  CENVAT Credit - Whether Cenvat Credit attributable to the quantity of Inputs (Molasses) used in, or in relation to manufacture of exempted final product (Rectified Spirit, attracting nil rate of duty and which was reported as wastage / storage loss) .....
201 2014 (10) TMI 638 - PUNJAB & HARYANA HIGH COURT
  Surya Pharmaceutical Ltd. Versus Union of India
  Alternative remedy - whether Section 35(1)(b) of the Central Excise Act, 1944 (hereinafter referred to as 'the Act') confers an alternative remedy of appeal, against an order passed by the Commissioner (Appeals), under Section 35F of the Act - Held t.....
202 2014 (10) TMI 637 - MADRAS HIGH COURT
  Commissioner of Central Excise Versus Customs, Excise & Service Tax Appellate Tribunal, Chennai, and M/s The Madras Aluminium Company,
  CENVAT Credit - Capital goods or Inputs - items falling under Chapter 73 - Held that:- Rule 57 of the Central Excise Rules deals with credit of duty paid on the excisable goods used as inputs. Rule 57Q relates to credit of duty paid on capital goods.....
203 2014 (10) TMI 636 - PUNJAB AND HARYANA HIGH COURT
  Commissioner of Central Excise, Chandigarh-I Versus Sawan Mal Shibu Mal Steel Rolling Mills
  Imposition of penalty - compounded levy scheme - Failure to remit duty within prescribed time limit - Tribunal set aside penalty - Held that:- Any law or stipulation prescribing a period of limitation to do or not to do a thing after the expiry of pe.....
204 2014 (10) TMI 635 - CESTAT MUMBAI
  M/s PARLE PRODUCTS PVT LTD. Versus COMMISSIONER OF CENTRAL EXCISE, MUMBAI-I
  Classification of the product “Cheeselings” - appellant classified the same as ready to eat packaged foods not falling under the category of “Namkeen” - Penalty under Rule 25 of the CER, 2002 - CENVAT Credit - Held that:- appellant is not allowed to.....
205 2014 (10) TMI 634 - CESTAT MUMBAI
  M/s THE PHOENIX MILLS LTD Versus CCE, MUMBAI
  Denial of refund claim - Unjust enrichment - Held that:- Appellant is a job worker who is engaged in the activity of processing of unprocessed fabrics. For processing, the appellant is manufacturing printing paste on which he is not paying duty on th.....
206 2014 (10) TMI 633 - CESTAT KOLKATA
  M/s INDIAN OIL CORPORATION LTD Versus COMMISSIONER OF CENTRAL EXCISE
  Waiver of pre deposit - manufacture of Lubricating Oils of different grades - Valuation of goods - Held that:- According to Section 4(1)(a) of the Central Excise Act, 1944, "value shall, in a case where the goods are sold by the assessee, for delive.....
207 2014 (10) TMI 632 - CESTAT MUMBAI
  UMESH ADVANI AND SHANKARLAL SHARMA Versus COMMISSIONER OF CUSTOMS (ACC & IMPORT), MUMBAI
  Penalty u/s 112 - Misdeclaration of goods - Held that:- Trade opinion may not be an expert opinion, but opinion based on long experience in the trade considering significant difference in the items of Indian origin and foreign origin may be of persua.....
208 2014 (10) TMI 631 - CESTAT MUMBAI
  M/s GLOBE AGENCIES Versus COMMISSIONER OF CUSTOMS (IMPORT), MUMBAI
  Benefit of Notification No. 203/92-Cus - appellants purchased Valued Based Advance Licence (VABAL) from the market in respect of the goods exported. - allegation that appellants failed to show that input stage credit has not been availed by the manuf.....
209 2014 (10) TMI 630 - CESTAT BANGALORE
  RASHTRIYA ISPAT NIGAM LTD. Versus COMMR. OF CUS., VISAKHAPATNAM
  Valuation of goods - Basis of valuation is purchase order value - Held that:- There is no cogent evidence on record establishing the allegation of unjust enrichment, since no value was paid by appellant against short supplied item for which passing o.....
210 2014 (10) TMI 629 - CESTAT BANGALORE
  DEEPAK WADHWANI Versus COMMISSIONER OF CUSTOMS, COCHIN
  Classification of goods - Classification under Entry No. 5513.41.00 or under CTH 6304.19.30 - Import of bed sheets - Held that:- In the absence of the appellant, tariff entries were examined reading as above. When the entries speak for themselves abo.....
211 2014 (10) TMI 628 - SUPREME COURT OF INDIA
  Rishipal Singh Versus State of UP.
  Theft of signed cheques - Conspiracy with bank to withdraw money from Respondent's account - Quashing of proceedings under Sections 34, 379, 411, 417, 418, 420, 457, 458 and 477 IPC - Held that:- object of exercise of power under this section is to p.....
212 2014 (10) TMI 627 - ITAT JODHPUR
  ITO, Ward-1(1), Udaipur Versus Shri Jitendra Maheshwari
  Assessment order passed u/s 143(3) quashed – Failure to serve notice u/s 143 - AO was of the view that notice u/s. 143(2) of the Act was issued to the assessee on 23/09/2010 fixing the date of hearing for 07/10/2010 and thereafter also, other notices.....
213 2014 (10) TMI 626 - GUJARAT HIGH COURT
  Commissioner of Income Tax Versus Shri Baldev Ship Breakers Ltd.
  Allowability of deduction u/s 80IA – Ship breaking activity amounts to manufacture or not – Held that:- Following the decision in Vijay Ship Breaking Corpn. & Ors. Versus Commnr. of Income Tax, Ahmedabad [2008 (10) TMI 6 - SUPREME COURT] - ship break.....
214 2014 (10) TMI 625 - BOMBAY HIGH COURT
  Commissioner of Income Tax, Central-II Versus M/s. Sheth Developers Pvt. Ltd.
  Cryptic order passed by Tribunal - Allowability of deduction u/s 80IB(10) on proportionate basis - housing project had contiguous residential units which were merged into a single residential unit measured in excess of 1000 sq.ft. – Held that:- The T.....
215 2014 (10) TMI 624 - CALCUTTA HIGH COURT
  PILCOM Versus Commissioner of Income-tax (Central-II), Kol
  Order passed u/s 163 - PILCOM to be treated as the Agent of two Non-residents or not – Held that:- Assessee rightly contended that the appellant was treated as an agent for the purpose of recovery of tax - The Tribunal came to a finding that the mone.....
216 2014 (10) TMI 623 - BOMBAY HIGH COURT
  Gagan Trading Co. Ltd. Versus Income Tax Officer 5(1) (2)
  Maintainability of appeal – Alternate remedy availed by assessee - Validity of notice for reopening of assessment u/s 148 – Held that:- The assessee has already invoked an efficacious alternative of filing an appeal to CIT(A) raising all the issues i.....
217 2014 (10) TMI 622 - HIGH COURT ALLAHABAD
  Commissioner of Income-tax-1, Kanpur Versus Jagan & Co.
  Notice of demand u/s 156 – Interest charged u/s 215/217 and 139(8) - Whether the Tribunal was justified in holding that interest u/s 215/217 and 139(8) of the Act could not be charged unless specifically mentioned in the assessment order particularly.....
218 2014 (10) TMI 621 - GUJARAT HIGH COURT
  Bhailal Manilal Patel Versus Commissioner of Income-Tax
  Levy of penalty u/s 271(1)(c) - Unexplained investment in promissory notes treated as income u/s 69 – Whether the assessment order was protective assessment order or substantive assessment order - Held that:- Assessee contended that the assessment or.....
219 2014 (10) TMI 620 - HIMACHAL PRADESH HIGH COURT
  Court On Its Own Motion Versus The HP. State Cooperative Bank Ltd And Others
  Tax deduction on interest accrued on term deposits on orders passed in Motor Accident Claims cases – Validity of Circular dated 14.10.2011 – Held that:- The circular, dated 14.10.2011, issued by the Income-tax Authorities, is not in tune with the man.....
220 2014 (10) TMI 619 - PUNJAB & HARYANA HIGH COURT
  Commissioner of Income Tax III, Ludhiana Versus M/s New P. Grand Resorts
  Addition u/s 69B – Income from resort - Investment in land and building – Reference made to DVO for determination of value of investment – Held that:- The addition was made on the basis of the report of the DVO wherein the DVO had valued the property.....
221 2014 (10) TMI 618 - ITAT COCHIN
  M/s. Mathewsons Exports & Imports Pvt. Ltd. Versus ACIT, Cir. 1(3), Ernakulam
  Non-deduction of tax for payment of ship charter hire charges - Royalty u/s 9(1)(vi) - Whether the payment made by the assessee is a royalty and whether it is taxable in India - Held that:- The assessee entered into an agreement with Lots Internation.....
222 2014 (10) TMI 617 - ITAT AHMEDABAD
  Cadila Healthcare Ltd. Versus CIT Ahmedabad-1
  Invocation of provisions of section 263 by CIT – Held that:- The power of suo motu revision u/s 263(1) is in the nature of supervisory jurisdiction and the same can be exercised only if the circumstances specified therein exist – relying upon Malabar.....
223 2014 (10) TMI 616 - ITAT MUMBAI
  HSBC Invest Direct (India) Ltd. Versus Dy. CIT, Range-8(2), Mumbai
  Disallowance u/s 14A r.w Rule 8D – Claim of exemption u/s 10(34) and 10(35) – Held that:- There is no scope for either inclusion or exclusion of any expenses - which method the assessee adopts, while applying rule 8D, estimation per which is based on.....
224 2014 (10) TMI 615 - ITAT DELHI
  DCIT Central Circle-II, Faridabad Versus Spaze Tower Pvt. Ltd.
  Order for adjustment towards advance tax liability - Whether the CIT(A) was right in law in holding and directing that the amount seized from the assessee be adjusted towards the advance tax liability without appreciating that the provision of sectio.....
225 2014 (10) TMI 614 - ITAT BANGALORE
  The Deputy Commissioner of Income Tax Versus M/s. India Advantage Fund-VII
  Applicability of the provisions of Sec.60, 61 and 63 - Obligation to pay tax by the trust – Tax obligation has been fully discharged by beneficiaries of the assessee trust or not – Held that:- Assessee contended that the AO has not disputed in his re.....
226 2014 (10) TMI 613 - ITAT PUNE
  The Nanded District Central Co-op. Bank Ltd. Versus Dy. Commissioner of Income Tax
  Nature of receipts – Revenue or capital receipts – Character of the grant received by the assessee from the Government of Maharashtra of ₹ 110 crores - Held that:- Even if the grant received by the assessee bank has been used for meeting SLR re.....
227 2014 (10) TMI 612 - ITAT AHMEDABAD
  M/s. Palvi Power Tech Sales Pvt. Ltd. Versus Deputy Commissioner of Income Tax
  Sales commission disallowed – contractual obligation with family members of Director - Held that:- The payment of commission was made after due deduction of tax at source - The assessee was engaged in the business of chemical exports for last many ye.....
228 2014 (10) TMI 611 - ITAT KOLKATA
  Ridhi Sidhi Vincom (P). Ltd. Versus CIT., - III, Kolkata
  Revision u/s 263 - Erroneous and prejudicial order to the interest of the revenue - period of limitation - Held that:- The assessee has filed a letter dated 'nil' informing the AO of the commission income having been omitted to have been offered to t.....
229 2014 (10) TMI 610 - ITAT MUMBAI
  Dy. Commissioner of Income Tax Circle–6(2), Mumbai Versus Century Textiles and Industries Ltd.
  Validity of reopening of assessment u/s 147 – Change of opinion - Held that:- The assessee along with the return of income, has made a claim for deduction under section 80IC with regard to its Century Pulp & Paper unit - Such a claim of deduction und.....
230 2014 (10) TMI 609 - ITAT DELHI
  ITO, Ward 5 (4), New Delhi Versus M/s. Morgan Exim Pvt. Ltd.
  Deemed dividend u/s 2(22)(e) – Loan received from M/s. Morgan Credits (P) Ltd. - Business of investment in shares/securities of listed companies - Held that:- The assessee-company is not a shareholder holding the required percentage of shares in any.....
231 2014 (10) TMI 608 - ITAT HYDERABAD
  K. Rama Swamy, K. Amarnath, K. Ashok Kumar Versus Income Tax Officer
  Computation of capital gain u/s 50C(1) – Adoption of FMV determined by the Stamp Valuation Authority for the purpose of stamp duty - Capital gains on sale of agriculture - land Held that:- Land sold is a capital asset as defined u/s 2(14) of the Act .....
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