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valuation job work Cenvat Credit Applicability of State VAT or CST CT -1 procedure current local tax rate (vat rate) for s.s patta/ coil / strip Rules of register Change in section 15A Central Excise Act 1944 exemption limit Reg. Short amount deposit against excise duty which ratio should take for distributing service tax credit through ISD.
Recent Case Laws
 

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1 2014 (7) TMI 985 - CESTAT AHMEDABAD
  M/s Parksons Cartamundi Pvt. Ltd. and M/s Parksons Graphics Pvt. Ltd. Versus CCE Daman
  Benefit of Exemption notification to the product Playing Cards - Notification No.02/2011-CE - Rate of duty 5% (now 6%) - playing cards are Sports goods or not - Held that:- The plain interpretation of said notification would indicate that the appella.....
2 2014 (7) TMI 984 - CESTAT CHENNAI
  CCE, Salem Versus M/s. KPR. Mills Pvt. Ltd.
  Reversal of cenvat credit - capital goods cleared as such to their sister unit - duty paid on the transaction value, which is less than the depreciated value - scope of the term 'as such' - Held that:- there is merit in the Revenue’s appeal and the r.....
3 2014 (7) TMI 983 - CESTAT AHMEDABAD
  M/s Alembic Ltd. and M/s Nirayu(P) Ltd. Versus CCE Vadodara-II
  Demand of interest - whether appellants herein are required to be saddled with the interest under the provisions of un-amended Section 11AB before 11.05.2001 of the erstwhile Central Excise Act, 1944. - Held that:- the demands which are arising for .....
4 2014 (7) TMI 982 - CESTAT AHMEDABAD
  M/s MEGAFINE PHARMA PVT LTD Versus COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX
  Suppression of facts - extended period of limitation - Cenvat Credit - capital goods - goods falling under chapter 84 - doors, false ceiling, compactor for document keeping, sheets for roofing, flooring for finished goods storage area, tube light fit.....
5 2014 (7) TMI 981 - CESTAT AHMEDABAD
  M/s THE FREIGHT CENTER Versus COMMISSIONER OF SERVICE TAX
  Transport of goods from one airport to another - benefit of Notification No.29/2005-St - transport of export cargo from the airport to airport - Held that:- notification talks about providing of the services in relation to transportation of goods wh.....
6 2014 (7) TMI 980 - CESTAT BANGALORE
  AGENCIA COMERCIAL MARITIMA LOGISTICS PVT LTD Versus COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX
  Cargo Handling Service - Service in respect of amounts collected for Barge operations, collection of Ocean Freight, Air Freight, Transportation charges etc. - Non consideration of submissions of assessee - Held that:- Commissioner has left the analyt.....
7 2014 (7) TMI 979 - CESTAT BANGALORE
  Dr. Reddy's Laboratories Ltd. Versus Commissioner of Central Excise, Customs and Service Tax Hyderabad-III
  Stay application - Waiver of pre deposit - Held that:- Appellant requested for keeping matter pending till similar petition gets decided - There is no logic for such request - appellant directed for 50% amount as pre deposit - Conditional stay grante.....
8 2014 (7) TMI 978 - CESTAT BANGALORE
  COUNTRY CLUB (INDIA) LTD. Versus Commissioner of Central Excise, Customs and Service Tax HYDERABAD-II
  Club or association service - Whether the amount recovered from the members who opt for membership (with land) towards cost of land and handed over to M/s. Amrutha Estates (according to appellants) has to be levied to service tax under ‘club or assoc.....
9 2014 (7) TMI 977 - CESTAT BANGALORE
  Agricultural Produce Market Committee Versus Commissioner of Service Tax Bangalore-service Tax
  Waiver of penalty u/s 80 - penalty u/s 77 - penalty under Section 76 & 78 were waived already - Assessee already paid tax but amount was not appropriated - Held that:- merely because the Commissioner did not appropriate the amount, it cannot be said .....
10 2014 (7) TMI 976 - CESTAT NEW DELHI
  TRIVENI STRUCTURALS LTD Versus COMMISSIONER OF CENTRAL EXCISE
  Validity of revision order - Violation of provision of Section 84 (4) - Held that:- If an issue is pending in appeal, the revisional jurisdiction under Section 84 could not be exercised. Since the appellant had preferred an appeal against the entiret.....
11 2014 (7) TMI 975 - CESTAT NEW DELHI
  Sh. Purshottam Lal Versus CCE, Jallandhar
  Cargo handling service - providing manpower services - Assessee contends that lifting, stacking and loading of sugar bags’ were done by the persons who were on the pay roll of the Appellant - Held that:- essentially the present demand is for services.....
12 2014 (7) TMI 974 - CESTAT MUMBAI
  M/s YM KRISHNA SSK LTD Versus CCE
  Intellectual property rights for allowed user of its brand name - manufacture of ‘country liquor; from spirit on job work basis - Held that:- on appreciation of the clauses of agreement with the evidence on record, it is evident that no ‘Intellectual.....
13 2014 (7) TMI 973 - CESTAT NEW DELHI
  AIR INDIA LTD. Versus COMMISSIONER OF CENTRAL EXCISE, NEW DELHI
  Waiver of pre deposit - Business Auxiliary Service - realization of money due - book adjustment by the client would amount to receipt of consideration or not - there was opening dues from AASL to IAL amounting to ₹ 134.53 crores. By Mar 2007 t.....
14 2014 (7) TMI 972 - CESTAT AHMEDABAD
  Port Officer, Gujarat Maritime Board, Jafrabad Versus Commissioner of Central Excise and Service Tax, Bhavnagar
  Port service - wharfage charges - under-valuation - receipt of additional consideration - Non inclusion of amount which was to be granted as rebate to M/s. UCL for discharge of service tax liability and the amount received by them as lease rent for w.....
15 2014 (7) TMI 971 - MADRAS HIGH COURT
  B. Asoka Kumar, Proprietor Sree Mookambika Cashew Company Versus The Assistant Commissioner of Commercial Taxes
  Writ of Certiorarified Mandamus - Call for records - Violation of principle of natural justice - Held that:- Irrespective of the submissions made by either counsel, without going into the merits of the matter, based on the circulars dated 29.06.1999 .....
16 2014 (7) TMI 970 - RAJASTHAN HIGH COURT
  Commercial Taxes Officer Versus Hinger Traders
  Denial of Input tax credit - Violation of section 18(1) of the Act of 2003 - Tax Board decided in favour of assessee - Held that:- Tax Board, by the impugned judgment and order, has recorded a categorical finding that the respondent-assessee has not .....
17 2014 (7) TMI 969 - RAJASTHAN HIGH COURT
  Assistant Commissioner, Works Contract and Leasing Tax-II, Jaipur Versus RS. Electricals
  Levy of tax, penalty & Interest - Held that:- Tax Board has rightly distinguished between an escaping of assessment and error of judgment by the assessing authority and held that the remedy for an error of judgment by the assessing authority lay in f.....
18 2014 (7) TMI 968 - GAUHATI HIGH COURT
  North Eastern Coal Fields Coal India Ltd. Versus State of Assam and others
  Validity of assessment order - Bar of limitation - Held that:- Limitation prescribed under section 39 is as to the "making" of the assessment and not to "initiation" thereof. The observation of the revisional authority that "made" did not mean "compl.....
19 2014 (7) TMI 967 - CESTAT MUMBAI
  COMMISSIONER OF CENTRAL EXCISE Versus THAKKAR SHIPPING AGENCY
  Proceeding against the CHA - maintainability of revenue - revenue appeal - allegation of involvement in evasion of Customs duty on the import of electrical and electronic goods of foreign origin - Held that:- CHALR, 1984 did not provide for filing o.....
20 2014 (7) TMI 966 - CESTAT AHMEDABAD
  M/s SHREEJI OVERSEAS (INDIA) PVT LTD Versus COMMISSIONER OF CUSTOMS
  Warehoused goods - deterioration/damage to the cargo - Abatement of duty on damaged or deteriorated goods u/s 22(1)(c) - Held that:- abatement is admissible subject to the satisfaction of the Assistant Commissioner/Deputy Commissioner that the damag.....
21 2014 (7) TMI 965 - ALLAHABAD HIGH COURT
  The Commissioner of Income Tax Versus M/s. ECC. Project Pvt. Ltd.
  Cancellation of penalty u/s 271B – No assessment proceedings pending –Failure to record satisfaction by AO - Held that:- The satisfaction as to the assessee having concealed the particulars of his income or furnished inaccurate particulars of such in.....
22 2014 (7) TMI 964 - BOMBAY HIGH COURT
  Commissioner of Income Tax-4 Versus M/s. Harit Exports Ltd.
  Nature of transaction – STCG in investment and not trading – Held that:- The assessee has held 4 scrips for a period of more than 6 months during the year and 5 scrips have been held for 3 to 5 months, while the remaining have been sold within a peri.....
23 2014 (7) TMI 963 - ITAT LUCKNOW
  M/s. Alliance Nirmaan Limited Versus Addl. CIT., 253, Bareilly
  Application of section 145(3) – Correctness and completeness of accounts – Held that:- CIT(A) rightly was of the view that as per the observation of the AO in the assessment order, it is noted that no specific defect was detected by the AO in the boo.....
24 2014 (7) TMI 962 - ITAT KOLKATA
  ITO, Ward-8(3), Kolkata Versus Purbanchal Power Co. Ltd.
  Creditworthiness of amalgamating companies - Investment in shares of amalgamating companies – Held that:- From the above provisions of section 394A of the Companies Act, 1956, it is clear the If the revenue wants to object to the proposed scheme of a.....
25 2014 (7) TMI 961 - ITAT KOLKATA
  Income-tax Officer Versus Shri Uma Shankar Goenka
  Business income treated as STCG and LTCG – Share transactions – Held that:- The assessee is maintaining two separate port folios, one in respect of trading and other in respect of investments - the assessee has paid STT but in respect to short term c.....
26 2014 (7) TMI 960 - ITAT LUCKNOW
  M/s. Model Exims Versus Dy. CIT. -1, Jajmau, Kanpur
  Validity of reopening of assessment u/s 147 - Reason to believe – Held that:- The assessee relied upon various judgments, but, none of the judgments cited is rendering any help to the assessee - the issue on merit is admittedly covered against the as.....
27 2014 (7) TMI 959 - ITAT KOLKATA
  ACIT., Circle-35, Kolkata Versus M/s. Magnum Export, Kolkata
  Reopening of assessment u/s 147 – Power to review by AO – Held that:- The AO reached the belief that there was escapement of income, on the basis of return filed by the assessee, after he accepted the return under section 143(1) without scrutiny, and.....
28 2014 (7) TMI 958 - ITAT HYDERABAD
  M/s. Handum Industries Ltd. Versus ACIT, Circle 8(1), Hyderabad
  Penalty u/s 271(1)(c) – Claim of interest – Inaccurate particulars furnished – Held that:- Interest amounts disallowed relate to borrowals from the bank towards working capital requirements of the assessee - assessee has explained the various difficu.....
29 2014 (7) TMI 957 - ITAT MUMBAI
  ITO-24(1) (3), Mumbai Versus Bharat Omprakash Thanvi
  Commission expenses – Onus to prove - Held that:- The onus to establish the expenditure as incurred for the purposes of business/profession is squarely on the assessee – Relying upon Lachminarayan Madan Lal vs. CIT [1972 (9) TMI 4 - SUPREME Court] - .....
30 2014 (7) TMI 956 - ITAT MUMBAI
  M/s. Cascade Holdings Pvt. Ltd. Versus ACIT, CC-31, Mumbai
  Interest expenses – Computation of book profits u/s 115JB - Held that:- Whether the interest liabilities constitutes ascertained one or not is also linked to the issue of rejection of books of accounts as the books of account is the basis for computa.....
31 2014 (7) TMI 955 - ITAT MUMBAI
  Shri DK. Patel & Company Versus ITO-22(1) (1), Mumbai
  Repair expenses disallowed – Amount paid to society as compensation – Held that:- Assessee has not claimed the expenditure during the AY under consideration and the mere fact that the payment has been made during the AY under consideration cannot be .....
32 2014 (7) TMI 954 - ITAT MUMBAI
  Sunil T. Doshi M/s. Natvarlal Vepari & Co. Versus Addl. CIT, Range 24(2), Mumbai
  Unexplained expenditures - additions u/s 69C - unproved liabilities – books maintained on mercantile basis - Admission of additional ground – Addition made on cash found at premises – Held that:- It has nowhere explained the basis of the payment in s.....
33 2014 (7) TMI 953 - ITAT MUMBAI
  Patel Plastics Corporation Versus ACIT –Central Circle-24, Mumbai
  Reopening of assessment u/s 148 – Addition of STCG made – Power of review - Held that:- The legislature has not conferred power on the AO to review its own order - the power u/s 147 cannot be used to review the order when nothing new had happened and.....
34 2014 (7) TMI 952 - ITAT DELHI
  Mr. Harmail Singh Versus Income Tax Officer
  Penalty u/s 271(1)(c) – Held that:- Assessee rightly contended that if an assessee offers an explanation, which is not found to be false, he can save himself - from penalty even if he were not able to substantiate his case as long as the explanation .....
35 2014 (7) TMI 951 - ITAT DELHI
  Toshiba India Pvt. Ltd. Versus DCIT, Circle-16(1), New Delhi.
  Admission of additional ground - Provision for Warranty – Held that:- The Tribunal has the jurisdiction to examine a question of law which arises from the facts as found by the authorities below and having a bearing on tax liability of the assessee n.....
36 2014 (7) TMI 950 - ITAT MUMBAI
  Dr. Bharti L. Chandan Prasad Nursing Home Versus ITO-11(2) (2), Mumbai
  Penalty u/s 271(1)(c) - Interest expenses disallowed u/s 14A – Concealment and suppression of income - Held that:- CIT(A) found that both the Explanation 1(A) and Explanation 1(B) to section 271(1)(c) stood attracted in the case - there was no nexus.....
37 2014 (7) TMI 949 - ITAT CHENNAI
  M/s. Chroma Print Versus The Assistant Commissioner of Income Tax
  Reopening of assessment u/s 147 – Expenses on purchase of software – Principle of consistency - Held that:- CIT (A) has simply affirmed the reassessment order without deciding the issue in its right perspective by only saying that objection of the as.....
38 2014 (7) TMI 948 - ITAT DELHI
  Sumitomo Corporation India Pvt. Ltd. Versus Addl. CIT, Range-9, New Delhi
  Transfer pricing adjustment – Indenting transactions - Held that:- The ‘Indenting transactions’ are different from ‘Trading transactions’ in terms of functional differences, risks undertaken and assets employed, and hence both cannot be considered as.....
39 2014 (7) TMI 947 - ITAT AHMEDABAD
  SHRI RUSTOM SORAB MEDORA Versus INCOME TAX OFFICER
  Penalty u/s 271(1)(c) – Inaccurate particulars furnished – Held that:- The assessee has offered gain arising out of bonus shares as capital gain and paid tax on the same, assessee rightly contended that he has waited for more time to transfer the bon.....
40 2014 (7) TMI 946 - ITAT HYDERABAD
  M/s. Billigiri Agro Farms (P) Ltd. Versus DCIT, CC. 9 Hyderabad
  Jurisdiction of CIT u/s 263 - revision of order - principle of merger - Levy of interest – Held that:- Assessee has advanced funds to the said Satyam Computers Services Ltd. - assessee has not advanced the funds on interest basis and subsequently, it.....
41 2014 (7) TMI 945 - ANDHRA PRADESH HIGH COURT
  Commissioner of Central Excise and Customs Versus M/s. Vera Laboratories Ltd.
  Cenvat Credit - Whether the Modvat Credit can be taken on the inputs, which were not suffered duty? - import of goods - allegation that CHA has committed fraud upon revenue - department argues that there is no credit of the customs duty - Held that:.....
42 2014 (7) TMI 944 - BOMBAY HIGH COURT
  M/s. IG. Petrochemicals Limited Versus The Commissioner of Central Excise, Belapur
  Waiver of pre-deposit - waste steam constitutes an input - generation of electricity - captive consumption as well as sale to outside parties - exemption notification No.4/97 - Held that:- Since the Tribunal has not had the benefit of considering the.....
43 2014 (7) TMI 943 - CESTAT AHMEDABAD
  M/s. Senor Metals P. Ltd. Versus CCE. & ST. - Rajkot
  Job Work - SSI units - intermediate goods which come into existence in their factory premises which are not ‘specified goods’ - exemption under notification no.83/1994-CE and notification no.8/2003-CE - extended period of limitation - Held that:- The.....
44 2014 (7) TMI 942 - GUJARAT HIGH COURT
  Super Hospitality Services Pvt. Ltd. Versus Commissioner of Service Tax
  Restoration of appeal - Non compliance of pre deposit order - Extension of time for making pre deposit - Held that:- In view of the stand taken by the learned advocates appearing on behalf of the respective parties as recorded hereinabove and in the .....
45 2014 (7) TMI 941 - GUJARAT HIGH COURT
  COMMISSIONER Versus ADANI GAS LTD
  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.....
46 2014 (7) TMI 940 - MADRAS HIGH COURT
  M/s. Arunachala Gounder Textile Mills Pvt. Ltd. Versus Additional Commissioner of Central Excise, Salem
  Challenge to the Show Cause notice - writ petition - Commission to overseas agencies - reverse charge - Business Auxillary Services - Held that:- By the impugned notice, the petitioner was only called upon to submit their objections, if any. The sho.....
47 2014 (7) TMI 939 - BOMBAY HIGH COURT
  CENTRAL RAILWAY, DRM OFFICE, NAGPUR DIVISION Versus COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS
  Waiver of pre-deposit - appellant argued that the nature of services provided by the Railway and considering its status in law the Tribunal should not have directed payment of any sum of ₹ 25 lacs - Held that:- perusing Section 99 which came t.....
48 2014 (7) TMI 938 - MEGHALAYA HIGH COURT
  Customs Central Excise & Service Tax, Group ‘D’ Non Gazetted Officers’ Association Versus The Union of India
  Transfer of employees - Vacation of the interim order - Customs Department to Central Excise & Service Tax, and vice versa. - held that:- most of the employees whose names figured in the transfer list dated 21.02.2014 are not covered by the guideline.....
49 2014 (7) TMI 937 - CESTAT NEW DELHI
  M/s SHAKTI INDUSTRIES Versus OMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX
  Waiver of penalty u/s 80 - Penalty levied u/s 77 & 78 - delayed payment of service tax - Dry cleaning service - Held that:- The statutory levies cannot be obviated for so long merely because the computer was down. Further, even if the computer was do.....
50 2014 (7) TMI 936 - CESTAT CHENNAI
  K SHANMUGAVELU Versus COMMISSIONER OF CENTRAL EXCISE
  Erection of electricity transmission tower - Notification No.45/2010-ST dt. 20.7.2010 - Held that:- By Notification No.45/2010-ST dt. 20.7.2010 issued under Section 11C of the Central Excise Act, 1944 read with Section 83 of the Finance Act, 1944, th.....
51 2014 (7) TMI 935 - CESTAT NEW DELHI
  Desert Inn Limited Versus CCE., Jaipur I
  Membership of club or association service - Penalty u/s 77 - Appellate Commissioner granted partial relief by dropping penalty under Section 77 - Held that:- Following decision of M/s Federation of Indian Chambers of Commerce and Industry, M/s Electr.....
52 2014 (7) TMI 934 - CESTAT MUMBAI
  ZUARI GLOBAL LTD Versus COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX
  GTA service - Exemption under Notification No. 34/2004-ST dated 03/12/2004 - obiter dicta - Held that:- Prima facie it appears that the appellant is not eligible for exemption because the entire goods transported by the GTA in the present consisted o.....
53 2014 (7) TMI 933 - CESTAT MUMBAI
  M/s SARJAN REALITIES LTD Versus COMMISSIONER OF CENTRAL EXCISE
  Demand of service tax - Real estate agent service - Whether M/s. SRL have provided Real Estate Agent Service to M/s. SEL in terms of the Agreement between these two parties - Held that:- For a service to be covered under the definition of Real Estate.....
54 2014 (7) TMI 932 - CESTAT BANGALORE
  M/s SUJALA PIPES PVT LTD Versus COMMISSIONER OF CUSTOMS, CENTRAL EXCISE AND SERVICE TAX
  Transfer of tangible goods - service of Equipment Hire - Pipes rented out to farmers - Held that:- when pipes are handed over to farmers for use, it is natural that the assessee will not have control over its use that transfer of goods involve transf.....
55 2014 (7) TMI 931 - MADRAS HIGH COURT
  G. Bala Mohanan Pillai, Proprietor Sree Vinayaka Cashew Industries Versus The Assistant Commissioner of Commercial Taxes
  Writ of Certiorarified Mandamus - Call for records - Violation of principle of natural justice - Held that:- Irrespective of the submissions made by either counsel, without going into the merits of the matter, based on the circulars dated 29.06.1999 .....
56 2014 (7) TMI 930 - MADHYA PRADESH HIGH COURT
  BPL Ltd. Versus Assistant Commissioner, Commercial Tax, Bhopal Division-1, Bhopal (MP) and others
  Discount through credit note - whether the discount allowed by the appellant herein a retail dealer as per ordinary trade practice by way of credit note cannot be subjected to deduction from the sale price of the vehicle or not - Held that:- discount.....
57 2014 (7) TMI 929 - GUJARAT HIGH COURT
  Atul Motors Pvt. Ltd. and Another Versus State of Gujarat and Another
  Recovery of tax - Crystallization of demand is pending - Held that:- From the affidavit-in-reply filed by the respondents, we do not notice any ground permitting the respondents to start recovery at this stage. The insistence on collecting cheques fr.....
58 2014 (7) TMI 928 - TRIPURA HIGH COURT
  Laxmi Goods Carriers Versus State of Tripura and others
  Permits required of consignment of goods under the provisions of the TVAT Act - Time extension for producing permits - assessing officer did not grant such time and levied tax and penalty at 150 % - assessee did not challenge the assessment, but file.....
59 2014 (7) TMI 927 - BOMBAY HIGH COURT
  Asian Paints Ltd. Versus Commissioner of Central Excise And Service Tax
  Waiver of pre-deposit - Tribunal came to the conclusion that there was no evidence to prove the nexus of services with manufacturing activities of the Appellant/ Assessee. - Held that:- Tribunal has given some conclusive opinion on merits of the App.....
60 2014 (7) TMI 926 - GUJARAT HIGH COURT
  Commissioner Versus Maruti Fabrics
  Clandestine clearance - onus to prove - tribunal concluded that revenue has failed to establish the clandestine clearance of the goods by the assessee - respondent, inspite of it being admitted in its Settlement Application - application before settl.....
61 2014 (7) TMI 925 - BOMBAY HIGH COURT
  M/s. Hemnil Metal Processors Pvt. Ltd. Versus The Commissioner of Central Excise & Service Tax
  Waiver of pre-deposit - tribunal to consider prima-facie case or to study the matter in detail for considering the case in a stay application and reach the conclusion when the matter is pending before Commissioner (Appeals) - Held that:- Tribunal sho.....
62 2014 (7) TMI 924 - ANDHRA PRADESH HIGH COURT
  M/s. Aurobindo Pharma Limited Versus The Assistant Commissioner, Customs, Central Excise & Service Tax
  Confirmation of demand without issuance of Show Cause Notice - demand in terms bond executed by them - principles of natural justice - demand under Section 28AB of the Customs Act, 1962 and Section 11AB of the Central Excise Act, 1944 - Held that:- .....
63 2014 (7) TMI 923 - PUNJAB & HARYANA HIGH COURT
  Commissioner Central Excise Versus M/s. Mohindra Iron and Steel Industries
  Compounded Levy Scheme - penalty for late deposit - Commissioner (Appeals) set aside the imposition of penalty for late deposit of duty from March 1998 to April 1999 on the ground that proceedings for the same were initiated after five years from the.....
64 2014 (7) TMI 922 - ANDHRA PRADESH HIGH COURT
  Commissioner of Customs and Central Excise Versus M/s. Sunden Ispat Limited And Others
  Penalty for delayed payment of excise duty - delay in payment of duty is only a maximum of 8 days and the reasons for delay are either due to holding or temporary financial crisis. - compounded levy of duty on M.S. Ingots - erstwhile Rule 96ZO(3) - H.....
65 2014 (7) TMI 921 - ANDHRA PRADESH HIGH COURT
  M/s. Rukmini Industries Versus The Commissioner of Central Excise, Hyderabad-I
  Cenvat / Modvat Credit - Clandestine removal - allegation that the appellant had in fact purchased raw material in 27 third parties names and utilized the said raw material in manufacture of a dutiable product and cleared the finished product without.....
66 2014 (7) TMI 920 - MADRAS HIGH COURT
  M/s. Tamil Nadu Newsprint and Papers Limited (TNPL) Versus Customs, Excise and Service Tax Appellate Tribunal (CESTAT)
  Recovery of demand when stay application is pending before tribunal - classification dispute - import of "steaming non-coking coal" - classifiable as Steaming Coal or bituminous coal - Held that:- when stay application is pending before the CESTAT, .....
67 2014 (7) TMI 919 - ANDHRA PRADESH HIGH COURT
  The Commissioner of Customs & Central Excise Versus S. Suryanarayana
  Regularizing the credit availed fraudulently by over-valuation of goods exported - fraudulently obtained DEPB Scrips have been utilized by the exporters - Held that:- A perusal of the order of the Tribunal would indicate that the respondent, being a.....
68 2014 (7) TMI 918 - CESTAT NEW DELHI
  Rockman Industries Ltd. Versus CC. (ICD) New Delhi
  Refund of excess duty - duty paid on original value - later on survey goods were found as damaged and assessed as scrap - period of limitation - appellant filed the refund post survey report - Held that:- Appellants should have filed the refund claim.....
69 2014 (7) TMI 917 - DELHI HIGH COURT
  Shri Jitendra Prasad Agarwal & Others Versus Associated Tubewell (India) Ltd. & Others
  Mismanagement and oppression by the majority shareholder - appointment of Mr Gautam Agarwal as an Additional Director of the Company - petitioner has alleged that Mr Gautam Agarwal was only 20 years old the day he was appointed as an Additional Direc.....
70 2014 (7) TMI 916 - BOMBAY HIGH COURT
  Ashok Namdeo Sangale Versus The Union of India, Dy. Commissioner, Central Excise
  Challenge to the order of Central Administrative Tribunal - oral termination - petitioner was orally appointed as a sweeper - petitioner completed more than 240 days of service - Held that:- When a person enters a temporary employment or gets engage.....
71 2014 (7) TMI 915 - GUJARAT HIGH COURT
  Sarbhan Co-Op Agri. Produce Pro. And Marketing Soc. Ltd. Versus Union of India And 1
  Penalty u/s 271D/ 271E – Amount accepted or repaid in contravention of section 269SS and 269T – Held that:- Ample opportunity will be given to the assessee to submit its case - whether with respect to the transactions provisions of Sections 269-SS an.....
72 2014 (7) TMI 914 - BOMBAY HIGH COURT
  COMMISSIONER OF INCOME Versus HDFC BANK LTD
  Cancellation of order u/s 263 – Held that:- The Tribunal was of the view that the basis or foundation for the order u/s 263 was completely lacking - this was not a blind acceptance of the version of the assessee, as is now termed - Such an order may .....
73 2014 (7) TMI 913 - BOMBAY HIGH COURT
  Merck Limited (Formerly Known As E. Merck (P) Ltd. Versus Tarkeshwar Singh, Commissioner of Income Tax-VI, Mumbai
  Claim of interest on delayed refund u/s 244(1A) – Held that:- The second proviso to Section 244 (1A) of the Act only excludes a period of one month for payment of interest – Relying upon Commissioner Of Income Tax Versus Hansa Agencies Private Limite.....
74 2014 (7) TMI 912 - BOMBAY HIGH COURT
  Housing Development Finance Corporation Limited Versus JP. Janjid., The Deputy Commissioner of Income Tax And Others
  Reopening of assessment u/s 148 – Mere change of opinion - Held that:- In Hindustan Lever Ltd. v/s. R. B. Wadkar [2004 (2) TMI 41 - BOMBAY High Court] it has been held that the reasons recorded by the AO are for re-opening of the Assessment are alone.....
75 2014 (7) TMI 911 - GUJARAT HIGH COURT
  Commissioner of Income Tax Versus Nawanagar Co-Op Bank Ltd.
  Claim of bad debts u/s 36 – Held that:- The Tribunal while allowing the claim of the assessee of deduction u/s. 36(1)(vii) of the Act, as bad debts, relied upon Vijaya Bank v. CIT [2010 (4) TMI 46 - SUPREME COURT] - where assessee bank had written of.....
76 2014 (7) TMI 910 - GUJARAT HIGH COURT
  Commissioner of Income Tax–IV Versus Vodafone Essar Gujarat Ltd.
  Admission of appeal – AO was of the view that no business activity carried – Telecommunication service – Held that:- The Tribunal was of the view that the assessee did not start providing telecommunication services in the period relevant to the AY 19.....
77 2014 (7) TMI 909 - KARNATAKA HIGH COURT
  THE COMMISSIONER OF INCOME TAX And THE INCOME TAX OFFICER Versus ISLAMIC ACADEMY OF EDUCATION
  Exemption u/s 11 and 12 – Investment being 5% - Whether the Appellate Authorities were correct in holding that the investment made would be less than 5% of the capital of the assessee if the borrowed amount is treated as capital and the investment is.....
78 2014 (7) TMI 908 - ITAT AHMEDABAD
  ASSTT COMMISSIONER OF INCOME TAX Versus MOHAMMED MOHSIN RAJABALI DOSANI
  Manipulation of bank account - AO has computed the peak deposits in each bank and half of the amount was taxed in the hands of the assessee and rest of the amount was taxed in the hands of his brother – Held that:- CIT(A) rightly held that the deposi.....
79 2014 (7) TMI 907 - ITAT MUMBAI
  M/s IL & FS TRANSPORTATION NETWORKS LTD Versus ASSTT COMMISSIONER OF INCOME TAX
  Adjustment of book profits – Held that:- CIT(A) has considered the sources of borrowed funds during the year - None of the loans have been utilized for the investment into shares of the companies - provisions of sub-clause (ii) of Rule 8D(2) are very.....
80 2014 (7) TMI 906 - ITAT MUMBAI
  KOTAK MAHINDRA BANK LTD Versus DEPUTY COMMISSIONER OF INCOME TAX
  Re-Assessment Proceedings u/s 148 – Reassessment initiated u/s 115WG – Held that:- The return was processed u/s. 115WE(1) of the Act -The return was accompanied by statutory report wherein it was specifically mentioned that the assessee has not consi.....
81 2014 (7) TMI 905 - ITAT DELHI
  DCIT, TDS, Dehradun Versus State Bank of India, Dehradun
  Jurisdiction of Order u/s 201(1)/201(1A) – Obligation to deduct TDS u/s 194A on interest accrued on deposits - Applicability of section 194A for site restoration fund - Interest has been credited by SBI on SRF a/c which has been opened by ONGC with i.....
82 2014 (7) TMI 904 - ITAT HYDERABAD
  Dy. Commissioner of Income-Tax Versus Andhra Bank, Hyderabad
  Payment of pension and gratuity funds u/s 43B – Expenses not debited to P&L A/c – eligibility for deduction u/s 37 – Held that:- CIT(A) was of the view that the purpose of S.43B is to ensure that the employer does not retain the amount with himself, .....
83 2014 (7) TMI 903 - ITAT MUMBAI
  MGI Coutier Exotech Industries Pvt. Ltd. Versus Dy. CIT, 5(2), Mumbai
  Miscellaneous expenses disallowed – Proof and proper verification – Held that:- The extent the expenditure claimed is not properly vouched, the manner and extent of such booking of expenditure can be examined, even probed, by the A.O., to arrive at a.....
84 2014 (7) TMI 902 - ITAT MUMBAI
  Income tax Officer Versus M/s. Prolific Consultancy Services (Mumbai) Pvt. Ltd.
  Penalty u/s 271(1)(c) - Failure to prove that income from property arisen due to systemic activity – Held that:- The assessee is in the business of taking the property on lease and further leasing out the same then treating the rental income as busin.....
85 2014 (7) TMI 901 - ITAT MUMBAI
  Subhkam Ventures (I) Pvt. Ltd. (Formerly Subhkam Holding Pvt. Ltd.) Versus Addl. Commissioner of Income Tax
  Disallowance u/s 14A r.w. Rule 8D – Held that:- As decided in DCIT Versus Subhkam Monetary Services (P) Ltd. [2012 (5) TMI 310 - ITAT, Mumbai], the same has been followed - the matter has been remitted back to the AO with the direction to compute dis.....
86 2014 (7) TMI 900 - ITAT MUMBAI
  Vodafone India Limited (Formerly Vodafone Essar Ltd.) Versus Addl. Commissioner of Income Tax
  Extension of stay of outstanding demand – Held that:- The Jurisdictional High Court, has held that the variation / modification in the terms of earlier stay granted by the Tribunal should not be disturbed as there has been no change in the facts and .....
87 2014 (7) TMI 899 - ITAT MUMBAI
  Reuters Transaction Services Ltd. Versus The Deputy Director of Income Tax (International Taxation) -2(1), Mumbai
  Foreign exchange system services provided - Article 13 Indo-UK DTAA – Royalty under clause (iva) of Explanation 2 to 9(1)(vi) – Held that:- Assessee is facilitating its clients to use its system and application programming interface which is subscrib.....
88 2014 (7) TMI 898 - ITAT MUMBAI
  Mr. Sitakant M. Wagh Versus Asstt. Commissioner of Income Tax
  Estimation of annual value of house property – Rent received disregarded - tax authorities have considered the value of property only for determining the Annual Rental value - Held that:- Charge u/s.22 is not on the market rent but is on the annual v.....
89 2014 (7) TMI 897 - ITAT AGRA
  Asstt. Commissioner of Income Tax Versus M/s. KS. Food Products
  Search assessment u/s 153A – No incriminating materials found during search – Held that:- Assessment of income in case of search u/s 153A is to assess or reassess income for specified period – CIT(A) found that no specific seized document, much less .....
90 2014 (7) TMI 896 - ITAT MUMBAI
  M/s. Cascade Holdings Pvt. Ltd. Versus DCIT-CC-31, Mumbai
  Calculation of book profits u/s 115JB - Interest expenses disallowed as unascertained liability - Held that:- Whether the interest liabilities constitutes ascertained one or not is also linked to the issue of rejection of books of accounts as the boo.....
91 2014 (7) TMI 895 - CESTAT CHENNAI
  Commissioner of Central Excise, Salem Versus Thangavel & Sons (P) Ltd.
  Utilization of CENVAT Credit for payment of service tax - cenvat credit by the respondents earned on the inputs received for manufacture of excisable goods towards payment of service tax for "Business Auxiliary Service" - Held that:- the respondents .....
92 2014 (7) TMI 894 - CESTAT NEW DELHI
  CCE, PANCHKULA Versus BHARAT SANCHAR NIGAM LTD
  Cenvat credit - Rent-a-cab service - Revenue contends that rented cabs were not exclusively used for the purpose of providing output service - Held that:- Commissioner has given a categorical finding that the cabs in respect of which credit has been .....
93 2014 (7) TMI 893 - CESTAT AHMEDABAD
  M/s Gujarat State Fertilizers & Chemicals Ltd. Versus CCE Vadodara
  Demand of service tax - Transportation of effluent through pipeline or conduit - Whether appellant is liable to payment of Service Tax on the services of transportation of effluent through pipeline or conduit to M/s Heavy Water Project (HWP) on some .....
94 2014 (7) TMI 892 - MADRAS HIGH COURT
  M/s. Nila Engineering Contractors Versus The Assistant Commissioner of Central Excise
  Recovery of service tax arrears - challenge to the Show Cause notice on the ground that they have not received the said notices and they have been despatched to different address and they came to know about the same only in the first week of May, whe.....
95 2014 (7) TMI 891 - ALLAHABAD HIGH COURT
  Commissioner of Customs Central Excise & Service Tax Versus M/s. Indian Farmers Fertilizers Cooperative Ltd.
  Clim of refund by the recipient of services - excess service tax was paid by the service provider - difference due to downgrade revision in price - unjust enrichment - period of limitation - The case of the revenue was that it was the service provide.....
96 2014 (7) TMI 890 - MADRAS HIGH COURT
  M/s. La Freight Lift Pvt. Ltd. Versus Customs, Excise and Service Tax Appellate Tribunal
  Suspension of operation of Customs Broker License, under Regulation 19(1) of Customs Brokers Licensing Regulations, 2013 - Forfeiture of security - Earlier hearing of petition - Held that:- it would be suffice to direct the first respondent Tribunal .....
97 2014 (7) TMI 889 - MADRAS HIGH COURT
  M/s. Veesons Energy Systems (P) Limited Versus The Commissioner of Commercial Taxes
  Challenge to the clarification of the first respondent in Reference - powers to issue a circular or clarification under the TNVAT Act - Input tax credit - Capital goods - Held that:- The definition of capital goods only specifies that the goods which.....
98 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.....
99 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 .....
100 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.....
101 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.....
102 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) .....
103 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.....
104 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 .....
105 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 .....
106 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.....
107 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 .....
108 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.....
109 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.....
110 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.....
111 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, .....
112 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 .....
113 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.....
114 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-.....
115 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.....
116 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.....
117 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.....
118 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.....
119 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 .....
120 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.....
121 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.....
122 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.....
123 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.....
124 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.....
125 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.....
126 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.....
127 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.....
128 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.....
129 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.....
130 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.....
131 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.....
132 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 .....
133 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 .....
134 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.....
135 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.....
136 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.....
137 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.....
138 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.....
139 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.....
140 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.....
141 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 .....
142 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.....
143 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.....
144 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.....
145 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 .....
146 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.....
147 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.....
148 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.....
149 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.....
150 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.....
151 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 .....
152 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.....
153 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.....
154 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 .....
155 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.....
156 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.....
157 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.....
158 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.....
159 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.....
160 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.....
161 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.....
162 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.....
163 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.....
164 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 .....
165 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.....
166 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.....
167 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.....
168 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.....
169 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 .....
170 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.....
171 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.....
172 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.....
173 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.....
174 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.....
175 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.....
176 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.....
177 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.....
178 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.....
179 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.....
180 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.....
181 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.....
182 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.....
183 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.....
184 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.....
185 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.....
186 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.....
187 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 .....
188 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.....
189 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.....
190 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.....
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