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Cenvat Credit which ratio should take for distributing service tax credit through ISD. Change in section 15A Central Excise Act 1944 Reg. Short amount deposit against excise duty INTEREST PAYMENT ON SUPPLEMENTARY INVOICE RAISED Supplementary invoice issued under which rule Export to bhutan E1 form amount Home Loan interest Perquisites Section 51 of income tax
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1 2014 (7) TMI 888 - GUJARAT HIGH COURT
  ABDUL KARIMHAJI UMARBHAI RASULBHAI Versus STATE OF GUJARAT
  Penalty - Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in treating the invoices produced by the appellant as “Retail Invoices” even though the nomenclature of a document cannot be conclusive to de.....
2 2014 (7) TMI 887 - KARNATAKA HIGH COURT
  Everest Marketing Versus Additional Commissioner of Commercial Taxes, Zone-I, Gandhinagar, Bangalore
  Restoring of re assessment order - Exercise of suo moto revisional authority - Held that:- effect of the order passed by the Commissioner in exercising of revisional jurisdiction has virtually left the assessee without remedy of first appeal, as the .....
3 2014 (7) TMI 886 - KERALA HIGH COURT
  Indus Ind Bank Ltd. Versus Intelligence Inspector, Squad No. III and others
  Locus standi - Seizure of equipment - Violation of principle of natural justice - Hearing opportunity not given - petitioner claims to be the financier of an excavator which was purchased by the fourth respondent - Held that:- As far as the plea of t.....
4 2014 (7) TMI 885 - MADRAS HIGH COURT
  The Commissioner of Central Excise Versus SKM Egg Products Export (India)
  Eligibility for duty free procurement - Notification No.1/95 CE - Furnace Oil purchased and consumed by the appellant's unit (Food Processing Industry) - tribunal allowed the he benefit of duty free purchase - Held that:- a similar issue was answere.....
5 2014 (7) TMI 884 - MADRAS HIGH COURT
  M/s. Saradha Travels Versus The Commissioner of Service Tax
  Condonation of delay - delay of 32 days - Tribunal dismissed the appeal - Held that:- the order -in- original was pasted on the premises of the appellant on 06.10.2010 under a Mahazar before two independent witnesses as required under Section 37C(b) .....
6 2014 (7) TMI 883 - MADRAS HIGH COURT
  M/s. Quest Life Services (P) Ltd. Versus The Customs, Excise & Service Tax Appellate Tribunal
  Waiver of pre-deposit - SEZ unit - Clearance of goods to DTA units without following the prescribed procedure - duty was confirmed holding that the material, which was cleared are not books within the meaning of Customs Tariff Heading 49.01, and tha.....
7 2014 (7) TMI 882 - MADRAS HIGH COURT
  The Commissioner of Central Excise Versus M/s. Sri Ranga Balaji Cotton Mills
  Penalty u/s 11AC - whether mandatory - clandestine clearance of goods - Held that:- In view of the categorical statement of law by the Supreme Court in the above-stated decision Union of India V. Rajasthan Spinning and Weaving Mills [2009 (5) TMI 15 .....
8 2014 (7) TMI 881 - MADRAS HIGH COURT
  The Commissioner of Central Excise & Service Tax Versus M/s. India Cements Ltd.
  Cenvat Credit - capital goods - structural steel items viz., M.S.Plates, Angles, Channels and HR Sheets used for civil construction activity - Held that:- This Court in the case of India Cements Limited [2011 (8) TMI 399 - MADRAS HIGH COURT] applied .....
9 2014 (7) TMI 880 - GUJARAT HIGH COURT
  Gujarat Petrosynthese Ltd. & 1 Versus Union of India & 3
  Refund of duty paid by the supplier of goods - locus standi - claim of exemption for the return stream - claim of IPCL was rejected on the ground that buyer may be entitled to get the refund - the petitioner (GPL) being buyer of the gas has filed ins.....
10 2014 (7) TMI 879 - DELHI HIGH COURT
  Rajan Overseas Versus Commissioner of Central Excise & Another
  Claim of interest on delayed refund - export of goods - the claim of the refund of the additional duty deposited by the petitioner was rejected by the Deputy Commissioner of Central Excise by its orders dated 28.11.2008 and 21.10.2008. The claim of .....
11 2014 (7) TMI 878 - ALLAHABAD HIGH COURT
  M/s. Garg Industries Versus UOI. Thru' Secry., Revenue And 2 Others
  Extension of stay - third proviso to sub-section (2A) of Section 35C - power to extend the stay beyond the period that has been prescribed - Held that:- The appeal was listed before the Tribunal on diverse dates and it was the inability of the Benc.....
12 2014 (7) TMI 877 - MADRAS HIGH COURT
  M/s. Horizon Forwarders Versus The Commissioner of Customs (Sea Port-Import)
  Suspension of the licence of the petitioner as custom broker - alleged that the petitioner firm has aided/abetted the importers in evasion of duty - Held that:- it is stated that for want of Judicial Member, the Appellate Tribunal is not functioning.....
13 2014 (7) TMI 876 - GUJARAT HIGH COURT
  Unitech International Ltd. Versus Union of India
  Principle of consistency - Release of goods - 100% EOU - segregation of Ferrous and non-ferrous scrap, mix scrap, electrical motors, transformers, etc. - Foreign Trade Policy 2004-2009 in the meantime was amended and from the definition of 'manufact.....
14 2014 (7) TMI 875 - CESTAT NEW DELHI
  M/s. Havell, s India Ltd. Versus CC., New Delhi
  Classification - import of Lighting fitting Compact Recessed Down light - classifiable under CTH 94051090 or under Tariff Heading 8539 - It is the observation of the ld. Adjudicating Authority that the laboratory reports proved the goods to be CFL, .....
15 2014 (7) TMI 874 - DELHI HIGH COURT
  In Re : Vodafone Spacetel Limited & Another
  Scheme of Amalgamation - The Petitioner Companies have placed on record communications from Unsecured Creditors to the effect that they shall be opposing the scheme. However, none of these Unsecured Creditors have appeared before this Court or filed .....
16 2014 (7) TMI 873 - PUNJAB & HARYANA HIGH COURT
  Commissioner of Income Tax-I, Chandigarh Versus Shri Rana Ranjit Singh
  Agriculture income - Bogus capital formation through shares - Rule 7 of the Income Tax Rules, 1962 – Held that:- Following Commissioner of Income Tax-I, Chandigarh Versus Rana Gurjit Singh [2011 (2) TMI 241 - PUNJAB AND HARYANA HIGH COURT] - Calculat.....
17 2014 (7) TMI 872 - BOMBAY HIGH COURT
  Commissioner of Income Tax (Large Tax Payer Unit) Versus M/s. Lubrizol India Ltd.
  Deduction u/s 80I – Income from expansion of dispersion unit – Held that:- Unless the deduction is withdrawn or rejected in the initial assessment years, it cannot be withdrawn in the subsequent AYs – Following the decision in Commissioner Of Income-.....
18 2014 (7) TMI 871 - DELHI HIGH COURT
  Commissioner of Income Tax Versus Rachna Agarwal
  Unexplained investment – Valuation of property – Held that:- The assessee did not cooperate would not absolve the AO from adopting some methodology in arriving at the market value which according to him had not been disclosed by the assessee - The ta.....
19 2014 (7) TMI 870 - BOMBAY HIGH COURT
  The Commissioner of Income Tax Versus M/s. Reliance Industries Ltd.
  Deduction u/s 80HHC – Computation of income u/s 115JB – Rectification of order u/s 154 - Tribunal rightly directed to compute the deduction u/s 80HHC for the purpose of determining book profit u/s 115JA only with reference to profit as per the accoun.....
20 2014 (7) TMI 869 - ITAT MUMBAI
  Tara Educational and Charitable Trust Versus Director of Income Tax (Exemptions)
  Rejection of application u/s 12AA – Dissolution clause not included in Trust deed - Held that:- The scope of enquiry contemplated u/s 12AA of the Act thus is limited to the extent of Commissioner getting himself satisfied about object of the Trust an.....
21 2014 (7) TMI 868 - ITAT MUMBAI
  SK. Sajdeh & Sons Pvt. Ltd. Versus Income Tax Officer
  Valuation of stock and trading addition u/s 145 - Held that:- The basic contention raised before the CIT(A) that the books of account regularly maintained by the assessee and duly audited by the auditors were not rejected by the AO by pointing out an.....
22 2014 (7) TMI 867 - ITAT AGRA
  Raj Kumari Agarwal Versus Deputy Commissioner of Income Tax Circle 2, Agra
  Genuineness of sales consideration of land sold – Price lesser than circle rate as per section 50C – Held that:- The assessee has specifically objected to the adoption of stamp duty valuation rate - mere fact that the assessee has not challenged the .....
23 2014 (7) TMI 866 - ITAT MUMBAI
  Boskalis International- Dredging International CV Versus Dy. Director of Income tax-3(2) International Taxation, Mumbai
  Transfer pricing adjustment – Determination of lease rentals u/s 92C r.w. Rule 10A - Whether the lease rental paid by the assessee to its AE in respect of various dredging equipments taken on lease can be recorded as closely linked or continuous tran.....
24 2014 (7) TMI 865 - ITAT KOLKATA
  ITO., Ward-5(2), Kolkata Versus M/s. Polar Industries Ltd.
  Interest payment – Genuineness of claim not established – Held that:- CIT(A) has mentioned the matter set out in the letter - nowhere in the order of the CIT(A) mentioned that the CIT(A) has made any factual verification of the contents - if the AO h.....
25 2014 (7) TMI 864 - ITAT LUCKNOW
  Income Tax Officer Versus M/s. Guru Teg Bahadur Auto Enterprises
  Unexplained capital contribution by partners – Held that:- Regarding this claim of gift, it is noted by CIT(A) that Smt. Leelawati Senani is not income-tax assessee and she is neither having any PAN and nor she could explain the source of giving gift.....
26 2014 (7) TMI 863 - ITAT DELHI
  ITO. Ward 11(1), New Delhi Versus M/s. Emperor International Ltd.
  Addition u/s 68 and 69 – Genuineness of claim – Held that:- The assessee has as well filed the documents before the authorities below in support of the claim - These are copies of acknowledge of return of income along with computation, audited balanc.....
27 2014 (7) TMI 862 - ITAT MUMBAI
  DCIT –Circle-3(3), Mumbai Versus M/s. Shah Spinners Pvt. Ltd.
  Depreciation on property – Business activity not carried out during year – Held that:- CIT(A) was perfectly justified in holding that the Assessee is entitled to depreciation as well as deduction towards expenditure - the assessee has made a specific.....
28 2014 (7) TMI 861 - ITAT MUMBAI
  Manohar Manak Alloys P. Ltd. DC. Bothra & Co. Chartered Accountants Versus ACIT 4(2), Mumbai
  Proportionate interest disallowed – Interest free loans and advances given to sister concern - Held that:- The assessee has taken a plea that the total interest free funds available to the assessee company are sufficient to make the interest free adv.....
29 2014 (7) TMI 860 - ITAT MUMBAI
  Ms. Geeta Prabhudas Pawani Versus Income Tax Officer
  Quantum appeal set aside - Penalty u/s 271(1)(c) - Liquidated damages not declared – Held that:- The Tribunal in earlier assessment year held that liquidated damages had not accrued to the assessee - assessee contended that the addition no longer sub.....
30 2014 (7) TMI 859 - ITAT CHENNAI
  Shri AR. Murugadoss Versus Asst. Commissioner of Income Tax
  Dis-allowance of expenditure – Depreciation of motor-car, mobile phone and computers as personal in nature to the extent of 25% - Held that:- The assessee had already filed returns of the income for the AYs - at the time of search, the assessee had a.....
31 2014 (7) TMI 858 - ITAT CHENNAI
  M/s. Easun Reyrolle Ltd. Versus The Deputy Commissioner of Income Tax
  Deduction u/s 80IA(4)(iv) of the Act – Computation of income - Unabsorbed depreciation on standalone basis u/s 80IA(5) of the Act – Held that:- The decision in M/s. Easun Reyrolle Ltd. Versus Deputy Commissioner of Income Tax [2014 (7) TMI 497 - ITAT.....
32 2014 (7) TMI 857 - ITAT MUMBAI
  Bhavnaben Krishnakumar Bhatu Versus ITO-25(3) (1), Mumbai
  Inclusion of agricultural income – Held that:- The assessee has explained the amount as realized from the sale of cattle feed (niran), and which has been explained as arising for this year only due to heavy rainfall - assessee has also placed on reco.....
33 2014 (7) TMI 856 - ITAT AHMEDABAD
  Income Tax Officer Versus Shri Mithun R. Amin Nr. Jain Temple
  Unexplained money – Held that:- CIT(A) has passed a well-reasoned order and out of the total addition of ₹ 13,85,200/-, an addition of ₹ 2,55,500/- has been confirmed and the balance addition has been deleted by him – assessee has allowed.....
34 2014 (7) TMI 855 - ITAT LUCKNOW
  KAILASH CHANDRA SHARMA Versus INCOME TAX OFFICER
  Estimation of net profit from business of truck plying and transport commission – Proper verifications not made by AO - Held that:- The assessee has initially adopted the figure of turnover shown in the TDS certificate, but during the course of asses.....
35 2014 (7) TMI 854 - ITAT MUMBAI
  TRO (TDS) Versus SHELTON INFRASTRUCTURE PVT LTD
  Order passed u/s 201(1)/201(1A) – Non-deduction of TDS and interest - Premium for leasehold rights u/s 194I – nature of rent not defined – Held that:- A payment of lease premium do not fall within the realm of "rent" as contemplated in section 194–I .....
36 2014 (7) TMI 853 - ITAT MUMBAI
  RIDDI SIDDHI BULLIONS LTD Versus ASSTT COMMISSIONER OF INCOME TAX
  Claims of Exemption u/s 10A - Transfer of stock – Held that:- FIFO method has to be applied - the profits for the under valuation is required to be disallowed – CIT (A) observed that the assessee followed the FIFO method on the transfer of 200kgs of .....
37 2014 (7) TMI 852 - CESTAT MUMBAI
  MANAV SANSADHAN VIKAS ANI SANSHODHAN MANCH AND KABIR BAUG MATHA SANSTHA Versus COMMISSIONER OF CENTRAL EXCISE
  Health and Fitness service - sale of booklet - activity of teaching the art of yoga - Held that:- The booklet which is part of the appeal, titled as "Lifesaver" only gives the benefits of yoga and also gives the names of 20 asanas which were being ta.....
38 2014 (7) TMI 851 - CESTAT NEW DELHI
  COMMISSIONER OF CENTRAL EXCISE, JALANDHAR Versus M/s BHAGWATI FOREX
  Penalty u/s 76 & 78 - Simultaneous penalty - Held that:- While High Courts of Kerala and Delhi opined that prior to the amendment w.e.f . 10.5.2008 by a proviso introduced to Section 78, by the Finance Act, 2008, penalties under Sections 76 and 78, w.....
39 2014 (7) TMI 850 - CESTAT KOLKATA
  M/s BHARATI CONSTRUCTION Versus COMMISSIONER OF CENTRAL EXCISE, CUSTOMS & SERVICE TAX, BHUBANESWAR-I
  Waiver of predeposit of Service Tax - quantification/computation of the demand - Held that:- from the records it is found that the CAs Certificate and other evidences now produced by the ld. CA for the Applicant, were not placed before the ld. Commis.....
40 2014 (7) TMI 849 - CESTAT NEW DELHI
  M/s GURMEHAR CONSTRUCTION Versus COMMISSIONER OF CENTRAL EXCISE
  Reversal of wrongly taken credit done - whether interest is chargeable from the date when it was taken upto the date of its reversal - CENVAT Credit taken on dumpers - Held that:- Cenvat Credit was reversed before utilization is not in dispute - Inte.....
41 2014 (7) TMI 848 - CESTAT MUMBAI
  SUPERINTENDENT OF POLICE (RURAL), CIVIL LINE, NAGPUR Versus CCE, NAGPUR
  Waiver of pre deposit - Demand of service tax - Security services provided by Superintendent of police - service provided for IPL match - Payment not received for services received - Held that:- during the impugned period, service tax liability arise.....
42 2014 (7) TMI 847 - DELHI HIGH COURT
  M/s. Public Goods Transport Co. Versus Commissioner of Vat
  Waiver of pre deposit - collection of tax from transporter - Tribunal which makes it apparent that upon survey and seizure of GRs in respect of goods in the possession of the transporter, the VAT authorities were of the opinion that the dealers of th.....
43 2014 (7) TMI 846 - PUNJAB AND HARYANA HIGH COURT
  Aptech Engineers Versus State of Haryana and others
  Condonation of delay - delay caused on account of misguidance of the chartered accountant which misguided itself with provision of section 33(6) instead of section 33(5) of the Act that the appeal can be filed in 180 days instead of 60 days - Tribuna.....
44 2014 (7) TMI 845 - ANDHRA PRADESH HIGH COURT
  SREI Equipment Finance Private Limited Versus Assistant Commissioner (CT-IV), Nampally, Hyderabad
  Levy of tax on import of goods - levy of tax on owner or lessee - it is lessee who had brought the goods into local area - Bar of limitation - Held that:- Tax is payable by the importer and it is the duty of the court to discover who is the importer .....
45 2014 (7) TMI 844 - DELHI HIGH COURT
  COMMISSIONER OF CUSTOM (ICD) Versus ONKAR INTERNATIONAL PVT LTD
  Condonation of delay - sufficient cause - delay of more than tree years - review section of the department sought copy of order from CESTAT - tribunal took about one year to supply certified copy of the order - Held that:- the explanation afforded i.....
46 2014 (7) TMI 843 - CALCUTTA HIGH COURT
  M/s. Ashoke Enamel & Glass Work Pvt. Ltd. & Another Versus Union of India And Others
  Principle of natural justice - refusal to grant adjournment - Prohibited goods - seizure of the Red Sanders Wood - Held that:- authorities acted in the contravention of the provisions contained under Section 122A of the said Act in not granting the a.....
47 2014 (7) TMI 842 - CESTAT NEW DELHI
  Nijhawan Travel Services Pvt. Ltd. and Shri Sham Nijhawan, Managing Director Versus CC, New Delhi
  Import of car subject to actual user condition - revenue contended that car imported under EPCG scheme was registered as private vehicle in non-transport/non commercial category - allegation that cars were not used for tour and travels to earn forei.....
48 2014 (7) TMI 841 - CALCUTTA HIGH COURT
  Jugal Kishore Yadav Versus Gourepore Co. Ltd. (In Liqdn.)
  Company under winding up proceedings - application for revival of the company - Locus standi of the applicants - applications for convening meetings of creditors to consider their respective schemes of arrangement for revival of the company. - Held .....
49 2014 (7) TMI 840 - ITAT MUMBAI
  M. Dinshaw & Co. Pvt. Ltd. Versus Dy. CIT, Central Circle 7, Mumbai
  One time vehicle tax paid on purchase of vehicle - Capital or revenue expenditure - eligible for deduction u/s 37(1) or depreciation u/s 32 – Held that:- The assessee has been guided by the law as it stood prior to its amendment in 1995, misled itsel.....
50 2014 (7) TMI 839 - ITAT MUMBAI
  Mrs. Pilloo CJ. Cursetjee Versus ACIT RG 16(1), Mumbai
  Indexed cost of improvement – computation of long term capital gain on development right - Held that:- The assessee has discharged the onus by providing the details of expenditure and payments made during the assessment proceedings - the assessee ca.....
51 2014 (7) TMI 838 - ITAT MUMBAI
  Dy. Commissioner of Income Tax Versus M/s Pan India Food Solutions Pvt. Ltd.
  Acquisition of brand - Payment made for Legal and professional fees – revenue expenses or capital expenses – Held that:- The “brand” expenditure incurred by the assessee has been treated as capital expenditure - The expenditure incurred on the feasib.....
52 2014 (7) TMI 837 - ITAT CHANDIGARH
  ASSTT COMMISSIONER OF INCOME TAX Versus M/s PUNJAB TRACTORS LTD
  Expenses on purchase on new items - Acquisition of new assets for replacement of existing assets as current repairs - Held that:- AO has mentioned various items and no doubt the wooden paneling, wooden partition, some small items of steel or purchase.....
53 2014 (7) TMI 836 - ITAT MUMBAI
  Hitesh S. Mehta Versus DCIT CC 23, Mumbai
  Rejection of books of accounts - Principles of natural justice – Held that:- The matter should go back to the file of the AO to pass a fresh order, for rejecting the books of account, the AO has not given any valid reasons as no specific defect has b.....
54 2014 (7) TMI 835 - GUJARAT HIGH COURT
  Saheli Synthetics Pvt. Ltd. Versus Commissioner Of Customs And Central Excise
  Waiver of pre-deposit - tribunal directed the appellant to make pre-deposit - assessee sought additional time to deposit the amount - Held that:- further time to make pre-deposit as per the order of tribunal granted - On depositing of the aforesaid .....
55 2014 (7) TMI 834 - ALLAHABAD HIGH COURT
  M/s. Shivam Engineers And Fabricators Versus Union of India And Others
  Writ petition - Manufacture - process of Hot Dip Galvanisation of M.S. Fabricated items - process of galvanisation or process of manufacture - Job work - Notification no/ 214/86 - Held that:- the question as to whether the petitioners are entitled fo.....
56 2014 (7) TMI 833 - MADRAS HIGH COURT
  Chitra Constructions P. Ltd. Versus Customs, Excise and Service Tax Appellate Tribunal
  Restoration of appeal - tribunal dismissed the appeal for failure to pre-deposit the amount - Held that:- the Tribunal, after hearing the learned counsel on either side; perusing the records and keeping in mind the undue hardship that would be cause.....
57 2014 (7) TMI 832 - ALLAHABAD HIGH COURT
  Commissioner of Central Excise Versus M/s. M. Kumar Udhyog (P) Ltd.
  Goods lost due to fire - reversal of cenvat credit - effect of insertion sub-rule (5C) into rule 3 of the cenvat credit - Remission of duty under Rule 21 - Held that:- The present case relates to a period prior to the introduction of rule 3(5C) and .....
58 2014 (7) TMI 831 - BOMBAY HIGH COURT
  The Commissioner of Central Excise Versus M/s. Cipla Limited
  Revenue appeal against the decision of tribunal - Respondents have filed the affidavitcumundertaking dated 30.06.2014 stating therein that they shall not claim the refund of duty which was paid by the Respondent at the factory at Bangalore and Kurkum.....
59 2014 (7) TMI 830 - CESTAT NEW DELHI
  M/s Central Mine Planning and Design Institute Ltd. Versus CCE, Bhopal
  Refund claim of service tax paid earlier - unjust enrichment - assessee is entitled for self adjustment u/r 6(3) of excess service tax paid - revenue argued that assessee did not opt for provisional assessment u/s 6(4) - appellant has already refunde.....
60 2014 (7) TMI 829 - CESTAT NEW DELHI
  RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORPORATION LTD Versus CST, DELHI
  Extension of stay order - power of tribunal to extend stay beyond 365 days - appeals could not be disposed of within time specified in Section 35C (2A) - Held that:- High Court ruling in Maruti Suzuki (2014 (2) TMI 1037 - DELHI HIGH COURT), declare t.....
61 2014 (7) TMI 828 - MADRAS HIGH COURT
  M/s. North Star Shipping Services Pvt. Ltd. Versus The Commissioner of Service Tax
  Condonation of delay - Tribunal declined to condone delay holding gross negligence on part of assessee - Held that:- a perusal of the typed set of papers would reveal that the relevant papers pertaining to the application filed before the Tribunal fo.....
62 2014 (7) TMI 827 - PUNJAB AND HARYANA HIGH COURT
  Carrier Air-conditioning and Refrigeration Ltd. Versus Commissioner of Central Excise
  Waiver of pre deposit of ₹ 6,50,00,000 - booking commission, service commission and warranty services - Availment of CENVAT Credit - Held that:- Though the adjudicating authority has raised the demand against the said services, the Tribunal has.....
63 2014 (7) TMI 826 - CESTAT AHMEDABAD
  M/s HARSH CONSTRUCTION Versus COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX
  Valuation - Whether the value of free supply of materials like cement, steel etc. by the service receiver, be included for the discharge of service tax liability or not - Held that:- Following decision of Bhayana Builders (P) Limited [2013 (9) TMI 29.....
64 2014 (7) TMI 825 - CESTAT AHMEDABAD
  M/s SENIOR DIVISIONAL COMMERCIAL MANAGER Versus COMMISSIONER OF SERVICE TAX
  Condonation of delay for filing of an appeal before commissioner (appeals) - Inordinate delay of 228 days - Held that:- As per the provisions of Section 85 (3A) of the Finance Act, 1994, an appeal is required to be presented within two months from th.....
65 2014 (7) TMI 824 - CESTAT AHMEDABAD
  Gujarat University Versus Commissioner of Service Tax, Ahmedabad
  Levy of penalty - benefit of reduced penalty u/s 78 whereas service tax was deposited without interest before issue of SCN - Held that:- no reason to reduce the same as the appellant has failed to deposit the interest amount along with service tax b.....
66 2014 (7) TMI 823 - CESTAT BANGALORE
  Commissioner of Service Tax, Bangalore Versus Balaji Warehousing Company Pvt. Ltd.
  Demand of service tax - Wrong mention of taxable services - Reflection of excess tax liability - Commissioner remanded matter back - Held that:- orders of the Assistant Commissioner in implementing the remand order and dropping the demand and refundi.....
67 2014 (7) TMI 822 - CESTAT NEW DELHI
  HEWITT ASSOCIATES (INDIA) PVT. LTD. Versus COMMR. OF SERVICE TAX, DELHI
  Waiver of pre-deposit - Receipt of IPR service from U.S. firm - Revenue distinguished case law relied upon by assessee - Held that:- transfer of technical know-how took place when it was not a taxable services and the consideration was paid when the .....
68 2014 (7) TMI 821 - CESTAT BANGALORE
  SKOL BREWERIES LTD. Versus COMMISSIONER OF SERVICE TAX, BANGALORE
  Waiver of pre-deposit - Intellectual property rights - Purchase of trademark of foreign company under permission obtained from RBI - Held that:- appellant has made out a prima facie case against the impugned demand - It was found that there was no ac.....
69 2014 (7) TMI 820 - ALLAHABAD HIGH COURT
  M/s. Genus Paper Products Ltd. Versus State of UP. And Another
  Reassessment - Input Tax Credit (ITC) - sale of material to 100% EOU and SEZ units - Assessee claims that once the petitioner's Company purchases raw material for manufacture of craft paper and sells the same to 100% export oriented unit as well as d.....
70 2014 (7) TMI 819 - ITAT AHMEDABAD
  Dy. Commissioner of Income-Tax Versus M/s. M. Kantilal Exports
  Restriction of labour charges – Held that:- A reasonable rate should have been applied by CIT(A) - it would be fair and reasonable to allow labour charges @ ₹ 270 per carat, instead of ₹ 300 per carat as claimed by the assessee - to settl.....
71 2014 (7) TMI 818 - RAJASTHAN HIGH COURT
  Assistant Commissioner, Commercial Taxes, Special Circle, Alwar Versus RC. Oil Industries & Bajrang Bali Oil Industries
  Denial of benefit under the Sales Tax Incentive Scheme - Held that:- initially operation of the judgment of the Division Bench was stayed and that stay was granted by the honourable apex court on April 4, 1994, by mentioning this fact, came to the co.....
72 2014 (7) TMI 817 - KARNATAKA HIGH COURT
  State of Karnataka Versus Indian Hume Pipe Co. Ltd.
  Excersice of power under section 12A of the Karnataka Sales Tax Act - Merger of order of the original authority with the order of the Appellate Authority - Rejection of returns filed - Whether the order of the Tribunal holding that the orders passed .....
73 2014 (7) TMI 816 - PUNJAB AND HARYANA HIGH COURT
  Larsen & Toubro Limited Versus State of Punjab and others
  Writ petition - alternative remedy - Works Contract - inter state sale - divisible and indivisible nature of different customers - exemption as claimed on such inter-State sales turnover was disallowed holding that there could not be any such transac.....
74 2014 (7) TMI 815 - BOMBAY HIGH COURT
  GAC Shipping (India) Pvt. Ltd. Versus The Union of India through the Secretary Ministry of Commerce & Another
  Prohibition to operate as customs house brokers - license under the Customs Agents Licensing Regulations, 2004 - Pending the parent Commissionerate's action and under Regulation 20, the Commissioner of Customs (General) Mumbai, has chosen to propose.....
75 2014 (7) TMI 814 - MADRAS HIGH COURT
  Nitin Nayar Versus The Commissioner of Customs
  Seizure of vehicles carrying betel nuts - writ petition for release of vehicle - Import of betel nuts under the guise of cashew nuts - Held that:- earlier in a writ petition specific direction were issued to the petitioner to furnish his reply within.....
76 2014 (7) TMI 813 - BOMBAY HIGH COURT
  Shri Pankaj Kumar Tripati, Jeetinder Singh Arri Versus The Union of India And Others
  Levy of penalty based on statement of a person which was later retracted by that person - recovery of foreign currency equivalent - corroborative evidence - Tribunal found that the present Appellants were in the Security Staff of the Oman Airways. Th.....
77 2014 (7) TMI 812 - CALCUTTA HIGH COURT
  M/s. Shipping & Clearing (Agents) Pvt. Ltd. And Another Versus Union of India And Others
  Violation of principle of natural justice - petitioner is prohibited from working as custom house agent (CHA) - Held that:- The Apex Court in the case of Uma Nath Pandey vs. State of U.P. [2009 (3) TMI 526 - SUPREME COURT] held that violation of prin.....
78 2014 (7) TMI 811 - DELHI HIGH COURT
  In Re : Airwaves Telefilms Pvt. Ltd. & Others
  Scheme of Amalgamation - No objection has been received to the Scheme from any other party. Mr. Pawan Kumar Mittal, Director of the Transferee Company, has filed an affidavit confirming that neither the Petitioner Companies nor their counsel has rece.....
79 2014 (7) TMI 810 - DELHI HIGH COURT
  Commissioner of Income Tax Versus Heartland Delhi Transcription Services Pvt. Ltd.
  Interpretation of section 10B - Transfer or sale of undertaking - Whether there is any prohibition in Section 10B on transfer or sale of the undertaking by the assessee, who has formed or established the same, to another assessee and whether the purc.....
80 2014 (7) TMI 809 - ALLAHABAD HIGH COURT
  Commissioner of Income Tax, Bareilly Versus Sarjoo Sahkari Chini Mill Limited
  Subscription made to U.P. Co-operative Cane Federation u/s 40(a)(ia) – Failure to deduct TDS u/s 194J – Held that:- The appropriate course of action would be to restore the proceedings back to the CIT(A) for a fresh evaluation - it is not necessary f.....
81 2014 (7) TMI 808 - ITAT HYDERABAD
  ITO, Ward 11(2), Hyderabad Versus M/s. Laxmi Srinivasa Finance Corporation
  Penalty u/s 271D – cash transaction with OSFC a unit of assessee - Cash deposits received more than ₹ 10,000 – Violation of provisions of section 269SS - Held that:- OSFC is not different from the assessee firm and the AO assessed the income/l.....
82 2014 (7) TMI 807 - ITAT HYDERABAD
  Sri Ravi Saraff, Hyderabad Versus The Income Tax Officer
  Reference made to DVO – sale of property - adoption of value as per stamp value u/s 50C - applicability of provision of section 50C to section 69 - Held that:- Procedure as per sec. 50C is to be adhered in its totality which mandated that in the even.....
83 2014 (7) TMI 806 - ITAT HYDERABAD
  M/s. Elico Limited, Hyderabad Versus Dy. Commissioner of Income-tax
  Revision u/s 263 - 100% EOU - Claim of exemption made u/s 10B instead of 10A due to inadvertence – CIT observed that, assessee had not obtained statutory approval from the Board appointed in that behalf by the Central Government as required under S.1.....
84 2014 (7) TMI 805 - ITAT HYDERABAD
  M/s. Sujana Towers Ltd. Versus Asst. Commissioner of Income-tax
  Estimation of the income from business – Non-allowance of depreciation – Held that:- The assessee contended that the rate of 1% adopted by the CIT(A) for estimation of income of the assessee is on the higher side, since adoption of a rate of 0.5% wou.....
85 2014 (7) TMI 804 - ITAT HYDERABAD
  Andhra Bank, Hyderabad Versus DCIT, Circle 1(1), Hyderabad
  Value of FBT u/s 115WB(1)(c) – Single contribution towards pension fund made for all its employees - lump sum amount - details of contribution pertaining to each employee are not available in the Actuarial Valuation Report – Held that:- The contribu.....
86 2014 (7) TMI 803 - ITAT MUMBAI
  M/s. Dighi Port Ltd. Versus ITO, Range2(1) (2), Mumbai
  Wharfage/port dues - whether in the nature of tax, duty, cess or fee u/s 43B – Held that:- Wharfage/port dues payable by the assessee to the MMB as royalty for cargo handling at Dighi Port as per the contract between the parties - dues were not payab.....
87 2014 (7) TMI 802 - ITAT PUNE
  M/s. Eaton Industrial Systems Pvt. Ltd. Versus Dy. Commissioner of Income Tax
  Stay application – Addition u/s 68 – Held that:- The merits of the various additions shall be appropriately examined only during the course of hearing of the appeal yet in so far as it is necessary to evaluate a prima facie case for the purposes of a.....
88 2014 (7) TMI 801 - ITAT MUMBAI
  Pan India Network Infravest Pvt. Ltd. Versus Addl. CIT, Range – 7(1), Mumbai
  Claim for bad debts written off – Held that:- It is clearly is in the nature of business loss, allowable in the year in which it stands incurred - details of redemption furnished reveal a claim arising for the current year - there being no examinatio.....
89 2014 (7) TMI 800 - ITAT KOLKATA
  ACIT., Circle-3, Kolkata Versus M/s. Khadim India Ltd.
  Penalty u/s 271(1)(c) – Nature of fees paid to ROC - Held that:- The ROC fees were duly disclosed - there is no case of concealment - the assessee's plea that there was an inadvertent error deserves to be accepted - There was no concealment of income.....
90 2014 (7) TMI 799 - ITAT MUMBAI
  Pashmina Holdings Limited Versus The Dy. Commissioner of Income tax
  Penalty u/s 271(1)(c) – Inaccurate particulars furnished – Held that:- Assessee had purchased various plots of land and in some cases along with building from the year 2002 to 2005 - the assessee has not carried out any repeated transactions of sale .....
91 2014 (7) TMI 798 - ITAT MUMBAI
  ASSTT COMMISSIONER OF INCOME TAX, CIRCLE-3, THANE Versus PYRAMID ENTEK PVT LTD
  Deduction u/s 10B(7) r.w. section 80IA(10) – reimbursement of cost of employees of PCEPL which were hired by assessee (PEPL) for doing the work - shown as professional fee given to sister concern - Held that:- For applying the provisions of section 1.....
92 2014 (7) TMI 797 - ITAT HYDERABAD
  M/s SURASA GREEN LANDS (P) LTD Versus DEPUTY COMMISSIONER OF INCOME TAX
  Jurisdiction of CIT u/s 263 to revise an order - principle of merger - omission in calculation of interest income – assessee contended that, the very levy of interest as was done by the A.O. was subject matter of appeal before the Ld. CIT(A) and subs.....
93 2014 (7) TMI 796 - ITAT HYDERABAD
  M/s. Kanigiri Agro Farms P. Ltd. Versus DCIT, CC. 9, Hyderabad
  Jurisdiction of CIT u/s 263 to revise an order - principle of merger - omission in calculation of interest income – assessee contended that, the very levy of interest as was done by the A.O. was subject matter of appeal before the Ld. CIT(A) and subs.....
94 2014 (7) TMI 795 - CESTAT AHMEDABAD
  M/s. Sagar Construction Versus CCE. & ST. -Surat-i
  Demand of differential duty - Service provided before 10.09.2004 and payment for service received after 10.09.2004 - Held that:- Certificates from the service recipients now produced before the bench were not produced before the lower authorities. As.....
95 2014 (7) TMI 794 - CESTAT NEW DELHI
  M/s Mannat Farms Versus CCE & ST, Ghaziabad
  Condonation of delay - demand of service tax - Mandap keeper service - Delay due to ill health of spouse of proprietor - Commissioner declined to invoke discretion - Held that:- Condonation of delay particularly in the circumstances pleaded by the ap.....
96 2014 (7) TMI 793 - CESTAT CHENNAI
  M/s SR SELVARAJ AND SONS Versus COMMISSIONER OF CENTRAL EXCISE
  Valuation of goods - whether the materials supplied free of cost by the service recipient used in the construction would be included in the taxable value - Held that:- Following decision of Bhayana Buildings (P) Ltd. Vs. Commissioner of Service Tax, .....
97 2014 (7) TMI 792 - CESTAT NEW DELHI
  Export Promotion Council for Handicraft Versus CST., Delhi
  Club or Association service - principal of mutuality - export promotion council - period from April 2008 to March 2009 - Held that:- Following decision of Federation of Indian Chambers of Commerce and Industry (FICCI) vs. C.S.T., Delhi [2014 (5) TMI.....
98 2014 (7) TMI 791 - MADRAS HIGH COURT
  Tops Security Limited Versus Customs Excise Service Tax Appellate Tribunal And Others
  Restoration of appeal - tribunal dismissed the appeal for non compliance of the pre-deposit, which was ordered by the CESTAT - CESTAT has extended the time once - Held that:- Considering the financial difficulties expressed and the submission of the.....
99 2014 (7) TMI 790 - CESTAT BANGALORE
  NCS Storage Systems Pvt. Ltd. Versus Commissioner of Customs & Central Excise, Visakhapatnam
  Denial of CENVAT Credit - Non production of invoices on which credit was availed - Invoices which were produced were not in the name of assessee - Partial amount allowed by Original authority - Held that:- original adjudicating authority had consider.....
100 2014 (7) TMI 789 - CESTAT BANGALORE
  PENTAGON INTEX PVT. LTD. Versus COMMR. OF SERVICE TAX, BANGALORE
  Revision of an order passed after remand back of the order by the Commissioner (appeal) to the adjudicating authority - Valuation - Interior Decorator’s Service - abatement of cost of materials from the gross value - Notification No. 12/2003-S.T - ap.....
101 2014 (7) TMI 788 - CESTAT NEW DELHI
  ABC ELECTRICALS Versus COMMISSIONER OF CENTRAL EXCISE, JAIPUR
  Demand of service tax - erection, commissioning or installation services - Held that:- Circular of the Board which provides that laying of electric cables upto distribution point of residential or commercial localities/complex is not a taxable servic.....
102 2014 (7) TMI 787 - CESTAT KOLKATA
  RAMKY INFRASTRUCTURE LTD. Versus COMMISSIONER OF SERVICE TAX, KOLKATA
  Waiver of pre deposit - Benefit of concessional rate of service tax @ 2% available under the Works Contract Rules - Availment of option required under sub-rule (3) of Rule 3 - Held that:- though the Applicant claimed to have exercised their option on.....
103 2014 (7) TMI 786 - ANDHRA PRADESH HIGH COURT
  Pawan Agro Industries Versus Deputy Commercial Tax Officer-I, Anantapur District, Andhra Pradesh and others
  Detention of goods - respondent No. 4 appeared before the first respondent and requested to release the goods bringing to his notice that the petitioner is a registered dealer and that the transactions in question are duly recorded in the books of ac.....
104 2014 (7) TMI 785 - ALLAHABAD HIGH COURT
  M/s. Sony India Pvt. Ltd. Versus State of UP. And 3 Others
  Writ petition - Call for records - Violation of principle of natural justice - Held that:- assessee has a right to have the material which the revenue has relied upon to arrive at a prima-facie opinion that proceedings should be further proceeded. Th.....
105 2014 (7) TMI 784 - MADHYA PRADESH HIGH COURT
  Choithram Charitable Trust Versus Commercial Tax Officer, Circle-15, Indore (MP.) and others
  Levy of Luxury Tax - charitable trust - running a Dharmashala incidental to its main activity of running a hospital - Tribunal levied tax under the provisions of the Madhya Pradesh Hotel Tatha Vas Grihon Me Vilas Vastuon, Par Kar Adhiniyam, 1988 - He.....
106 2014 (7) TMI 783 - GUJARAT HIGH COURT
  STATE OF GUJARAT. Versus SA HIMNANI DISTRIBUTORS PVT LTD.
  Eligibility to input tax credit - goods destroyed in flood - Compensation already granted by Insurance company - no Out Put Tax liability is created for the same goods - whether on the goods destroyed in flood, a dealer shall be entitled to input tax.....
107 2014 (7) TMI 782 - ANDHRA PRADESH HIGH COURT
  Indus Tower Limited and another Versus State of Andhra Pradesh and others
  Waiver of pre-deposit - validity of interim order - assessee (respondent) has admittedly remitted 50 per cent as per the direction earlier - revenue contended that, that no further enquiry is necessary in the writ petitions and the same may be dispo.....
108 2014 (7) TMI 781 - MADRAS HIGH COURT
  M/s. Mats Engineering Private Limited Versus The Customs Excise Service Tax Appellate Tribunal
  Condonation of delay in filing an appeal before tribunal - sufficient cause - Whether the Tribunal was correct in holding that the death of the daughter of the Director of the appellant Company and that the fact of the concerned employee of the appel.....
109 2014 (7) TMI 780 - GUJARAT HIGH COURT
  Commissioner of Central Excise Versus Dashion Ltd.
  Duty demand - Penalty u/s 11AC - CIT confirmed duty - Tribunal deleted duty and penalty - Whether Customs Excise & Service Tax Appellate Tribunal committed an error in fact and in law in reversing the order of CIT(Appeals) confirming the demand for w.....
110 2014 (7) TMI 779 - CESTAT CHENNAI
  M/s. Sabare International Versus CCE, Trichy
  Denial of refund claim - accumulated credit availed on input service - Notification No.5/2006-CE (NT) dated 14.3.2004 issued under Rule 5 of CENVAT Credit Rules, 2004 - appellant is manufacturing exempted goods - appellant filed the refund claim unde.....
111 2014 (7) TMI 778 - BOMBAY HIGH COURT
  Shri BD. Goel Versus Shri Ebrahim Essa Sodha r/o. (a) M/s. Ahura Transport, State of Maharashtra
  Retracted statements - Acquittal from offences punishable under section 135 (1)(a)(i) and 135 (1)(b)(i) of the Customs Act, 1962 and Section 5 of the Imports and Exports (Control) Act, 1947 - carrying contraband gold in the vessel - said gold was smu.....
112 2014 (7) TMI 777 - MADRAS HIGH COURT
  J. Sheikh Parith Versus The Commissioner of Customs (Seaport-Exports)
  Onerous conditions for provisional release of confiscated goods - discrepancy in the quantity of the goods - goods imported by the petitioner are lying in the ware house of the respondents department since 2011 - Held that:- provision release allowed.....
113 2014 (7) TMI 776 - MADRAS HIGH COURT
  M/s. Luminous Technologies Versus The Commissioner of Customs, (Air Cargo)
  Conditions for provisionally release the goods, viz., electronic components - perishable goods - Held that:- since the goods are perishable, the same cannot be retained by the respondents, indefinitely. At the same, the interest of the Department al.....
114 2014 (7) TMI 775 - MADRAS HIGH COURT
  M/s. RSM Clearing Services Pvt. Ltd. Versus The Commissioner of Customs (Imports)
  Suspension of licence as custom broker - direction to surrender the original licence book and all customs ID cards - allegation that the petitioner firm has aided/abetted the importers in evasion of duty - Held that:- the petitioner shall prefer an a.....
115 2014 (7) TMI 774 - DELHI HIGH COURT
  Sanjay Aggarwal Versus Gitanshi Polychem Pvt. Ltd.
  Winding up petition - unable to pay debts - dispute with regard to the application and the allotment of shares - Held that:- In a petition seeking winding up of a company for its inability to pay its debt, what is to be seen is whether there is a de.....
116 2014 (7) TMI 773 - KERALA HIGH COURT
  The Commissioner of Customs Versus Thulaseedharan, S/o. Sankaran
  Compensation against the Motor Accidents - accident by the departmental drivers - The present stand taken by the learned Assistant Solicitor General for the appellant is that the appellant as well as the 2nd respondent herein were in the lawful exer.....
117 2014 (7) TMI 772 - ITAT MUMBAI
  The Cancer Aid & Research Foundation Byculla Municipal School Building Versus Director of Income Tax (Exemp.)
  Cancellation of registration u/s 12AA(3) – Activities of Trust as per object or not - Whether the activities of the trust are genuine or not and whether the activities are being carried out in accordance with the objects - Held that:- None of the obj.....
118 2014 (7) TMI 771 - ANDHRA PRADESH HIGH COURT
  M/s. Priyadarshini Spinning Mills Ltd. Versus Commissioner of Income-tax AP-I, Hyderabad
  Written down value of block assets – reduction of receipt from insurance company as to the damages u/s 43(6)(c) - block assets (WDV), valued at ₹ 68,06,562/- were destroyed in a fire accident - the insurer paid a sum of ₹ 1,54,99,051/- T.....
119 2014 (7) TMI 770 - ALLAHABAD HIGH COURT
  Ashok Kumar Jain Versus Commissioner of Income Tax & Others
  Validity of order u/s 127(1) and (2) – Power to transfer cases – Transfer of jurisdiction to file return - Held that:- The authority was required to give a notice indicating the reasons for transferring the case from one area to another area – here, .....
120 2014 (7) TMI 769 - ALLAHABAD HIGH COURT
  Shyam Bidi Works Versus The Commissioner of Income Tax
  Validity of order - Rejection of books of account – Held htat:- The business operation of the assessee is the same for the AY as compared with the previous AYs - profits estimated in the previous years is a safe guide for estimation of the profits fo.....
121 2014 (7) TMI 768 - ANDHRA PRADESH HIGH COURT
  M/s. Coromandel Cements Ltd. Versus Commissioner of Income-tax
  Prior period expenditure - accounting policy - increase in tariff - Deduction on power tariff – Accrual of liability – Held that:- All income and expenditure are accounted on accrual basis except for provision made for power tariff – assessee was equ.....
122 2014 (7) TMI 767 - ITAT MUMBAI
  M/s. Eastern International Hotels Limited, C/o. Novotel Juhu Versus Deputy CIT 8(1), Mumbai
  Addition u/s 69C of the Act – Liquor purchases - Difference in AIR information – Held that:- Once the assessee has discharged its initial onus of reconciling the purchases vis-ΰ-vis the bills in its book of account, then burden shifts on the Revenue .....
123 2014 (7) TMI 766 - ITAT MUMBAI
  Nishiland Park Ltd. Versus ITO 3(2) (3), Mumbai
  Penalty u/s 271(1)(c) of the Act – Concealment or furnishing of inaccurate particulars - Depreciation on purchase of cars – Held that:- The assessee is not in the business of sale and purchase of cars and therefore cars owned by it could not be part .....
124 2014 (7) TMI 765 - ITAT MUMBAI
  Deputy Director of Income-tax Versus IATA BSP India
  Nature of payment made for BSP link services rendered by ADP-GSI France – Requirement to deduct TDS on fees paid to technical services – Held that:- The payment made to ADP-GSI France for providing BSP link services to the Agents/Air lines was treate.....
125 2014 (7) TMI 764 - ITAT MUMBAI
  Joit Kumar Jain Versus Addl. CIT 15(2), Mumbai.
  Claim of depreciation – Concept of block assets - Held that:- AO and FAA had disallowed the claim of the assessee on the ground that assessee had not used the assets for business during the year – the decision in Dineshkumar Gulabchand Agarwal Versus.....
126 2014 (7) TMI 763 - ITAT MUMBAI
  IL & FS Financial Services Ltd. Versus DCIT (OSD) Range 10(1), Mumbai
  Disallowance u/s 14A r.w. Rule 8D of the Rules – Held that:- The decision in M/s. IL & FS Financial Services Ltd. Versus Addl. Commissioner of Income Tax Circle–10(1), Mumbai [2014 (7) TMI 503 - ITAT MUMBAI] followed - The AO has worked out the disal.....
127 2014 (7) TMI 762 - ITAT MUMBAI
  M/s. Sai Developers Versus Dy. Commissioner of Income Tax
  Expenses incurred directly for phase 1 of project – Road Expenses - Whether there should be any allocation of road expenditure or not and whether the Commissioner (Appeals) is justified in allocating 19% of the road expenses on account of Phase–I and.....
128 2014 (7) TMI 761 - ITAT CHENNAI
  The Income Tax Officer Versus M/s. Gadsyl Exports P. Ltd.
  Non-deduction of TDS on overseas payment of agency commission – Disallowance u/s 40(a)(ia) of the Act – Held that:- Assessee is availing the services of non-resident agents for procuring export orders for which commission is paid - nonresident agents.....
129 2014 (7) TMI 760 - ITAT CHENNAI
  The Deputy Commissioner of Income Tax Versus M/s. Sagar Gandhi Exports Pvt. Ltd.
  Claim of deduction u/s 80HHC of the Act - Business of export of shrimps – Held that:- CIT(A) followed the decision in M/s.Avani Exports & Others Vs. CIT [2012 (7) TMI 190 - GUJARAT HIGH COURT] for deleting dis-allowance made u/s.80HHC - CIT(Appeals) .....
130 2014 (7) TMI 759 - ITAT MUMBAI
  Shri Dhiraj J. Gurnani Versus ITO 23(2) (2), Mumbai
  Condonation of delay – Delay of 31 days – Held that:- The assessee has explained the sufficient reasons for not filing the appeal within time - while condoning the delay, the court should take a lenient view - the party has not acted in mala fide but.....
131 2014 (7) TMI 758 - ITAT DELHI
  Cosmos Industries Limited Versus ITO, Ward-3 (4), New Delhi
  Non-payment of interest liability on sugar development fund loan u/s 43B – Held that:- It is the Government of India which is the principal and that being so, its agent, IFCI, according to Section 182 of the Indian Contract Act, 1872, cannot be taken.....
132 2014 (7) TMI 757 - ITAT DELHI
  ACIT, Circle-2, Ghaziabad Versus Pradeep Kumar Jain
  Condonation of delay – Delay of 599 days – Change of jurisdiction - Held that:- The Department did not file the appeals within due time in the case and cause shown by it does not conclusively show that same is reasonable or sufficient - it has been a.....
133 2014 (7) TMI 756 - ITAT MUMBAI
  DEPUTY COMMISSIONER OF INCOME TAX Versus M/s FCB ULKA ADVERTISING PVT LTD
  Expenses on tax free dividend income u/s 14A – Held that:- The AO has not brought anything on record which could suggest that certain expenditures have been incurred for earning the exempt income, directly or indirectly – following GODREJ AND BOYCE M.....
134 2014 (7) TMI 755 - ITAT MUMBAI
  Javed Akhtar Versus ACIT Cicle 11(1), Mumbai
  Expenses on society development charges – Expenses to replace old lift of building – personal expenditure - Held that:- The assessee does not acquire any advantage in the capital account or any new asset for its professional purpose and the lift in q.....
135 2014 (7) TMI 754 - ITAT MUMBAI
  Indian Institute of Banking & Finance Versus DTI (E), Mumbai
  Lack of adequate opportunity – Cancellation of registration u/s 12A – Held that:- Activities carried out by the assessee in earlier years were continuing in the year - DIT-E has not brought on record any fact demonstrating the discontinuation of such.....
136 2014 (7) TMI 753 - GUJARAT HIGH COURT
  COMMISSIONER OF INCOME TAX I Versus AMOD STAMPING PVT LTD.
  Interest expenses disallowed u/s 36(1)(iii) – Held that:- The assessee was having interest-free funds far in excess of investments, it can be said that the investments are made out of interest-free funds - the AO was not justified in making additions.....
137 2014 (7) TMI 752 - CESTAT NEW DELHI
  Denso Haryana (P) Ltd. Versus CCE
  Intellectual property rights – transfer of technical knowhow for manufacture of automobile parts - payment of royalty each year – Held that:- This is a case involving transfer of technical knowhow for manufacture of automobile parts. The knowhow tran.....
138 2014 (7) TMI 751 - ITAT MUMBAI
  Pyramid Entek P. Ltd Versus Assistant CIT RG 3. Thane
  Application of section 10B(7) r.w. section 80IA(10) - claiming excess exemption by showing higher profit - AO concluded that by taking the services of employees of the sister concern, the assessee had shown more than ordinary profits. - Held that:- .....
139 2014 (7) TMI 750 - CESTAT MUMBAI
  CLARIANT CHEMICALS (I) LTD Versus COMMISSIONER OF CENTRAL EXCISE
  Denial of CENVAT Credit - Distribution of service tax through ISD - Trading services - Held that:- it is the appellant manufacturer who has taken the credit and therefore, the recovery of wrongly taken credit has to be effected from him. The distribu.....
140 2014 (7) TMI 749 - CESTAT CHENNAI
  Land Marvel Homes Versus Commissioner of Service Tax, Chennai
  Denial of request of rectification of mistake - recovery of service tax, interest and penalty - construction of commercial and residential complex - assessee was informed that, in the absence of any appeal filed against the Joint Commissioner's Order.....
141 2014 (7) TMI 748 - CESTAT AHMEDABAD
  M/s Trio Elevators Co. India Ltd. Versus CST Ahmedabad
  Valuation of the services - maintenance & repair service; erection, commissioning & installation service - service tax paid on 15% value of services and VAT is paid on rest 85% - Held that:- adjudicating authority while deciding the issue, has not co.....
142 2014 (7) TMI 747 - CESTAT NEW DELHI
  M/s RK AND SONS Versus COMMISSIONER OF CENTRAL EXCISE
  Tribunal's power to grant Stay beyond 365 days - matter referred to Larger Bench - Tribunal had earlier concluded that CESTAT had no jurisdiction to extend operation of a stay beyond the period of 365 days of the initial grant, in view of provisions .....
143 2014 (7) TMI 746 - CESTAT NEW DELHI
  CCE, Chandigarh Versus M/s. AS. Financial
  Small service provider Exemption under notification no.6/05-ST - providing the services under the brand name/trade mark of ICICI Bank Ltd. - Held that:- Just by providing the ‘Business Auxiliary Service’ to ICICI Bank Ltd. by using the promotional ma.....
144 2014 (7) TMI 745 - CESTAT BANGALORE
  Infotech Enterprises Ltd. Versus Commissioner of Customs, Central Excise and Service Tax Hyderabad-iv
  Imposition of penalty - Credit utilized before making payment to vendors - Validity of Commissioner's order - Held that:- Commissioner’s order does not have one column which is very important and which has been the cause of the wrong conclusion by th.....
145 2014 (7) TMI 744 - CESTAT NEW DELHI
  M/s. Prabhu Dayal Kanojiya Versus CCE, Jaipur
  Commercial or Industrial Construction Service - Works contract service for Delhi Jal Board - Tax imposed on the basis of agreement which states that "if payable is extra, it must be inferred that the appellant had collected the amount of service tax".....
146 2014 (7) TMI 743 - ALLAHABAD HIGH COURT
  M/s Tata Motors Limited Chinhat Deva Road Lko. Versus The Commissioner Commercial Taxes UP. Lucknow
  Waiver of pre-deposit - Additional Commissioner has granted stay upto 60% of the disputed tax. The applicant not being satisfied with the said order of the Additional Commissioner (Appeals) preferred Second Appeal before the Commercial Tax Tribunal, .....
147 2014 (7) TMI 742 - KARNATAKA HIGH COURT
  UD. Rotighar Versus Joint Commissioner of Commercial Taxes (Admn.), DVO-3, Gandhinagar, Bangalore and another
  Imposition of sales tax on the undisclosed turnover - inclusion in turnover on the basis of additions made in the Income Tax - Held that:- Revisional authority held that the net income of ₹ 8,00,000 offered by the assessee to the income-tax aut.....
148 2014 (7) TMI 741 - KARNATAKA HIGH COURT
  Hathway Krishna Cable (P) Limited And Hathway Cable & Datacom Pvt. Limited Versus State of Karnataka and another
  Validity of amendments to rule 41G of the Karnataka Entertainments Tax Rules - Declaration of Notification dated November 8, 2006 as being arbitrary, discriminatory, illegal, ultra vires and without authority of law; to quash annexure D dated Februar.....
149 2014 (7) TMI 740 - PUNJAB AND HARYANA HIGH COURT
  Nuware India Limited Versus State of Haryana and others
  Disallowance of rebate under the Haryana General Sales Tax Act - Assessee contends that packaging material such as corrugated boxes, etc., and other material for packing of crockery is purchased after payment of sales tax and as this packing material.....
150 2014 (7) TMI 739 - GUJARAT HIGH COURT
  Commissioner of Central Excise Versus Chandresh C. Shah
  Personal penalty on employee / Director for availing inadmissible Cenvat Credit by the company - Rule 26 of the Central Excise Rules, 2002 - tribunal set aside the penalty - Held that:- when all the penalties on the company have been deleted by obse.....
151 2014 (7) TMI 738 - GUJARAT HIGH COURT
  Commissioner Versus Small Industries Development Bank of India
  Power of tribunal to grant stay beyond the total period of 365 days - extension of stay granted earlier - extension order should be speaking or not - Held that:-in case and having satisfied that delay in not disposing of the appeal within 365 days (t.....
152 2014 (7) TMI 737 - CESTAT MUMBAI
  M/s KAATYAYINI EXPORTS Versus COMMISSIONER OF CENTRAL EXCISE, BELAPUR
  Concessional rate of duty under Notification No.23/2003-CE dated 31.3.2003 - Violation of condition of notification - Non achievement of the positive Net Foreign Exchange - Held that:- The NFE calculations for the corresponding year were enclosed as .....
153 2014 (7) TMI 736 - CESTAT NEW DELHI
  M/s JK. Tubes Versus CCE & ST, Jammu & Kashmir
  Exemption under Notification No. 56/2002-CE dated 14/11/02 - Renumbering of khasra numbers - area based exemption - Held that:- exemption is available to the goods other than the goods specified in Annexure I to the notification and which are cleared.....
154 2014 (7) TMI 735 - GUJARAT HIGH COURT
  Star Dyes And Intermediates Versus Union of India Thro Secretary & 3
  Rebate / refund of duty - there was no endorsement of the subject ARE-1 No.48 dated 10/2/2009 on the Shipping Bill by the Customs Authority of the Port of Export - thus, it was found that the petitioner had not exported the goods - Held that:- petit.....
155 2014 (7) TMI 734 - CESTAT NEW DELHI
  M/s Shree Ganesh Plywood and M/s Ply Care Versus CCE, Delhi  I
  Confiscation of goods - Availment of SSI Exemption - Seizure of goods on the basis that same were not accounted in C.E. Records - Department contends that the clearances of the appellant were far in excess of the threshold limit for SSI exemption - H.....
156 2014 (7) TMI 733 - CESTAT CHENNAI
  COMMISSIONER OF CENTRAL EXCISE, TIRUCHIRAPALLI Versus M/s PSP STEEL (P) LTD
  Penalty u/s 11AC and 11AB - Held that:- Commissioner (Appeals) set aside the demand of interest and penalty on the ground that the respondent paid the duty before issue of the show-cause notice. The Supreme Court in the case of Union of India Vs Raja.....
157 2014 (7) TMI 732 - DELHI HIGH COURT
  M/s. Kumho Petrochemicals Co. Ltd., Fairdeal Polychem LLP Versus Union of India And Others
  Levy of anti-dumping duty beyond five years - retrospective amendment - Validity of anti-dumping duty extension proceedings under Section 9A of the Customs Tariff Act, 1975 ("CTA") - sunset review - Acrylonitrile Butadiene Rubber originating in, or e.....
158 2014 (7) TMI 731 - RAJASTHAN HIGH COURT
  M/s Cheer Sagar Versus The Commissioner of Customs & Others
  Claim of duty drawback - condonation of delay in filing of supplementary claim - Rule 15 of the Custom, Excise Duties and Service Tax (drawback) Rules, 1995 - Held that:- the status of the drawback claim whether signed or under any query/deficiency,.....
159 2014 (7) TMI 730 - KERALA HIGH COURT
  Mr. KP. Abdul Majeed, S/o. Hussankoya Haji Versus Commissioner of Customs, Cochin
  Validity of the finding the appellant guilty and imposing penalty of ₹ 15 lakhs on the basis of the retracted confessional statements of the co-accused - retracted statements were filed after two months from the date on which the accused were a.....
160 2014 (7) TMI 729 - MADRAS HIGH COURT
  M/s. International Exim Agency Versus The Commissioner of Customs (Imports)
  Suspension of the licence of the petitioner as custom broker - petitioner directed to surrender the licence when appeal is pending before the tribunal - allegation that the petitioner firm has aided/abetted the importers in evasion of duty - Held tha.....
161 2014 (7) TMI 728 - DELHI HIGH COURT
  Indo Rolhard Industries Ltd. Versus MK. Mahajan & Another
  Winding up petition - publication of advertisement - unable to pay dues to the creditors - Held that:- the learned Single Judge rightly observed that there was no reason why advertisement should be deferred, more so as the Appellant Company had not a.....
162 2014 (7) TMI 727 - DELHI HIGH COURT
  Enforcement Directorate Versus American Express Bank & Others
  Condonation of delay - delay of 179 days - it is submitted that, collective decision was required to be taken in the government departments at various levels, therefore, valuable time was consumed - Held that:- under Section 35 of FEMA, appeal agains.....
163 2014 (7) TMI 726 - BOMBAY HIGH COURT
  Commissioner of Income Tax-II Versus HDFC Bank Ltd.
  Revision u/s 263 – continuity of subsequent proceeding when original order was set aside based on which order u/s 263 was passed - Held that:- The Tribunal had rightly held that the proceedings originating from the order passed u/s 263 of the Act inc.....
164 2014 (7) TMI 725 - BOMBAY HIGH COURT
  The Director of Income Tax (International Taxation) -1 Versus M/s. Safmarine Container Lines NV
  Interpretation of Article 8 of Indo-Belgium DTAA – Income from inland Haulage Charges - Whether the tax treaty between India and Belgium includes within its Ambit the activity of Inland Transport of Cargo from various places within India – Held that:.....
165 2014 (7) TMI 724 - BOMBAY HIGH COURT
  Commissioner of Income Tax-2 Versus HDFC Bank Ltd.
  Power of revision u/s 263 – Deduction on depreciation in the value of investments – Held that:- A method of accounting adopted by the taxpayer consistently and regularly cannot be discarded by the revenue on the view that he should have adopted a dif.....
166 2014 (7) TMI 723 - DELHI HIGH COURT
  PGS Geophysical AS Versus Additioanal Director of Income Tax
  Taxability of income u/s 44BB or u/s 44DA - acquiring and processing three dimensional marine seismic data with respect to offshore block - appellant (assessee) opted to be taxed on presumptive basis under Section 44BB(1) of the Act at the rate of .....
167 2014 (7) TMI 722 - GUJARAT HIGH COURT
  Mayur Wovens Pvt. Ltd. Versus Income Tax Officer & 1
  Re-assessment of proceedings u/s 147 r.w section 148 - Based on the opinion of audit party - Held that:- Mere opinion of the audit party cannot form the basis for the AO to reopen the closed assessment that too beyond four years from the end of relev.....
168 2014 (7) TMI 721 - DELHI HIGH COURT
  Narinder Kumar & Others Versus Commissioner of Income Tax-VII, Delhi
  Service of notice u/s 282 for scrutiny assessment u/s 143(2) – Loss incurred because of drop in value of closing stock – Held that:- The questionnaire/notice sent by the AO to the assessee which mentioned that the notice u/s 143(2) had been duly rece.....
169 2014 (7) TMI 720 - ITAT DELHI
  CGG Marine SAS (now CGG Veritas Services SA) Versus ADIT, , International Taxation
  Validity of reassessment - Reassessment on The Basis of Judgment in ONGC - Taxability of receipts u/s 44B – Held that:- A reassessment can be undertaken when there is escapement of income by all - where the original assessment was completed u/s 143(3.....
170 2014 (7) TMI 719 - ITAT MUMBAI
  Addl. CIT. Rg. 22(2),. The ACIT 22(2), Mumbai Versus Shri Vinod C. Jhunjhunwala
  Bad debts written off u/s 36(1)(viii) – Held that:- It is the own prudence of the businessman while conducting the business to decide as to whether the debited amount has become non recoverable or not - If he is of the bonafide view that the debt has.....
171 2014 (7) TMI 718 - ITAT MUMBAI
  Vijay Harkison Desai Versus Asst. CIT – 19(2), Mumbai
  Disallowance us 14A r.w Rule 8D of the Act – Indirect and administrative expenses – Held that:- The AO has not considered the assessee’s case, recorded any dissatisfaction in terms of section 14A(2) – the decision in Godrej & Boyce Mfg. Co. Ltd. v. D.....
172 2014 (7) TMI 717 - ITAT HYDERABAD
  M/s. Hill County Properties Ltd. Versus Addl. CIT Central Circle, Hyderabad
  Disallowance of expenditure u/s 37(1) of the Act – Expenses incurred on advertisement, training, business promotion, architectural consultancy, land scraping, professional charges, printing and stationery, travelling and purchase of materials - Held .....
173 2014 (7) TMI 716 - ITAT HYDERABAD
  Income Tax Officer Versus M/s. Mega Cyber Tech Ltd.
  Allowability of deduction u/s 10B of the Act – Approval for Ratification by Board not taken - The decision in ITO vs. M/s. Secunderabad Software Services P. Ltd. [2014 (7) TMI 546 - ITAT HYDERABAD] followed - the assessee as eligible for deduction un.....
174 2014 (7) TMI 715 - ITAT DELHI
  Mercer Consulting (India) Pvt. Ltd. Versus DCIT, Circle-2, Gurgaon
  Transfer pricing adjustment – Selection of comparables - Allsec Technologies Ltd. – Held that:- Net profit margin realized from the BPO services segment is not separately reported by such company - the assessee proceeded to calculate the so called am.....
175 2014 (7) TMI 714 - ITAT DELHI
  Shri Kabul Chawla Versus Asstt. Commissioner of Income Tax
  Deemed dividend u/s 2(22)(e) - loan and advance to another company for the benefit of shareholders – Held that:- The assesse is a beneficial owner of more than 10% shares in the payer companies and further has substantial interest of more than 20% in.....
176 2014 (7) TMI 713 - ITAT DELHI
  Mithila Credit Services Ltd. C/o. M/s. RRA Taxindia Versus ITO Ward-6(4), New Delhi
  Reassessment u/s 147 r.w 148 – Reason to believe - Held that:- AO has referred to the information which he received from Directorate of Investigation and as regards the transactions entered into by the assessee with concerns which had made accommodat.....
177 2014 (7) TMI 712 - ITAT DELHI
  JUBILANT BIOSYS LTD Versus INCOME-TAX OFFICER
  Penalty u/s 271(1)(c) – Taxation of trial run receipts – Held that:- There is no concealment of the particulars of the income inasmuch as the assessee made complete disclosure - it cannot be a case of furnishing inaccurate particulars of income becau.....
178 2014 (7) TMI 711 - ITAT MUMBAI
  NH. Securities Ltd. Versus Dy. Commissioner of Income Tax
  Power of Tribunal to review own order – Held that:- The Appellate Tribunal does not have any power to review its own orders under the provisions of the Act - The decision in NH. Securities Ltd. Versus Dy. Commissioner of Income Tax [1992 (11) TMI 32 .....
179 2014 (7) TMI 710 - ITAT CHENNAI
  The Income Tax Officer Versus M/s. Tech Affinity Global Pvt. Ltd.
  Re-computation of deduction u/s 10A – Exclusion of expenses incurred in foreign exchange from export turnover and total turnover – Held that:- AO was of the view that the assessee had incurred certain expenses in foreign currency and hence excluded t.....
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