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Recent Case Laws
 

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1 2014 (11) TMI 881 - BOMBAY HIGH COURT
  Vodafone India Services Pvt. Ltd. Versus Union of India through the Secretary, Ministry of Finance & Others
  Application of Chapter X - Transfer pricing adjustments - International Transaction or not - Validity of SCN without jurisdiction – Additions towards shortfall in value of equity shares - TPO further held that this difference between the ALP and the .....
2 2014 (11) TMI 880 - DELHI HIGH COURT
  M/s. HM. Industries Versus Commissioner of Value Addes Tax
  Default assessment under Section 32 of the DVAT Act - period of limitation - extended period of six years in terms of proviso to Section 34(1) of the DVAT Act - scope of the term 'reason to believe' - Held that:- on reading of the default assessment .....
3 2014 (11) TMI 879 - PUNJAB AND HARYANA HIGH COURT
  Pepsi Foods Limited Versus State of Punjab and Others
  Rejection of applications for exemption from payment of sales tax - Punjab General Sales Tax Act, 1948 - Scope of the term 'Unit' - revenue submitted that petitioner being a registered dealer has been granted exemption from payment of sales tax amo.....
4 2014 (11) TMI 878 - MADRAS HIGH COURT
  M/s. Cheran Cements Ltd. Versus The Joint Commissioner (CT), Trichy
  Settlement of arrears of tax - TNVAT / TNGST - Deferral scheme of sales tax - Cancellation of scheme and demand of tax for the entire period - option of settlement of case - Held that:- we have seen as to how the Settlement Act works and now the iss.....
5 2014 (11) TMI 877 - GUJARAT HIGH COURT
  INDUS STEEL INDUSTRIES, THR'H AUTHORISED SIGNATORY Versus STATE OF GUJARAT & 7
  Capital Investment Incentive (General) Scheme 1995-2000 - sales tax incentives as measures to attract investments into such backward areas with a view to generate greater employment in less industrially developed areas - Gujarat Sales Tax Act, 1959 -.....
6 2014 (11) TMI 876 - CESTAT MUMBAI
  COMMISSIONER OF SERVICE TAX, MUMBAI Versus MAD ENTERTAINMENT LTD
  Classification of service - activity of shooting the programme prepared by the advertising agency - Advertising Agency Service or Video Tape Production Services - Held that:- Revenue wants to classify the activity undertaken by the Respondent under A.....
7 2014 (11) TMI 875 - MADRAS HIGH COURT
  M/s. TT. Krishnamachari & Co. Versus Union of India
  Maintainability of writ - Application for issuance of Writ of Prohibition - service tax liability was confirmed and order in original was passed - Prohibition on the respondents from levying and collecting service tax on the transfer of right to use .....
8 2014 (11) TMI 874 - CESTAT BANGALORE
  SEW INFRASTRUCTURE PVT LTD Versus COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX HYDERABAD-II
  Commercial or industrial construction service - Whether the appellant is liable to pay service tax on the ground that appellant has provided commercial or industrial construction service in respect of cargo agent building constructed by them for M/s......
9 2014 (11) TMI 873 - CESTAT MUMBAI
  SHAPOORJI PALLONJI & CO LTD Versus COMMISSIONER OF CENTRAL EXCISE, PUNE-I
  Valuation of service - Whether the value of free supply of cement, steel etc. is required to be added to the gross amount charged in providing the commercial or industrial construction taxable service to compute the assessable value for the purpose o.....
10 2014 (11) TMI 872 - CESTAT NEW DELHI
  CCE, Bhopal Versus M/s SB. Earth Movers Pvt. Ltd.
  Valuation of goods - inclusion of the value of diesel supplied free of cost - Held that:- Issue of includibility of the value of free supplies in the gross amount charged has been decided by the Larger Bench of CESTAT in the case of Bhayana Builders .....
11 2014 (11) TMI 871 - MADRAS HIGH COURT
  COMMR. OF C. EX., SALEM Versus SALEM CO-OPERATIVE SUGAR MILLS LTD.
  Invocation of extended period of limitation - No allegation of fraud, collusion, willful misstatement or suppression of facts - Exemption under Notification No. 34/2004-S.T., dated 3-12-2004 - Held that:- Only on the examination of accounts maintaine.....
12 2014 (11) TMI 870 - CALCUTTA HIGH COURT
  NARESH KUMAR & CO. PVT. LIMITED Versus UNION OF INDIA
  Valuation - inclusion of value of the HSD supplied by the service recipient - Extended period of limitation - Challenge to the Show Cause Notice - Invocation of Rule 5(1) of the Service Tax (Determination of Value) Rules 2006 - Provision has been dec.....
13 2014 (11) TMI 869 - CESTAT NEW DELHI
  M/s Diamond Cements Versus CCE, Bhopal
  Cenvat credit - short payment by utilizing more credit than the credit available - Held that:- During the period of dispute, the appellant were also availing capital goods Cenvat credit in addition to the input duty Cenvat credit goods. While the ac.....
14 2014 (11) TMI 868 - CESTAT NEW DELHI
  M/s. Vardhman Fabrics Versus CCE & ST, Bhopal
  Waiver of pre deposit - Cenvat Credit - suppression or wilfull mis-statement of facts - Invocation of extended period of limitation - Held that:- Show Cause Notice admits that the appellants had been regularly filing the ER-1 returns showing all the .....
15 2014 (11) TMI 867 - CESTAT MUMBAI
  COMMISSIONER OF C. EX., MUMBAI Versus CEAT LTD.
  Clandestine removal of goods - Benefit of Notification No. 214/86-C.E., dated 1-3-1986 - committee appointed by the adjudicating authority to verify the transactions in respect of the dispatches made by the Bhandup unit and the receipts at Nasik unit.....
16 2014 (11) TMI 866 - MADRAS HIGH COURT
  CCE., MADURAI Versus SREE RAMAKRISHNA CATTLE FEED MANUFACTURERS
  Validity of order passed by the CESTAT - Matter not decided on merits - Held that:- CESTAT has not at all decided the present dispute on merits. Since the CESTAT has not decided the present matter on merits, this Court is of the view to set aside the.....
17 2014 (11) TMI 865 - MADRAS HIGH COURT
  GGN SPINNING MILLS (P) LTD. Versus CESTAT, CHENNAI
  CENVAT Credit - Capital goods - Clearance of goods to sister concern - evenue contended that assessee have calculated depreciated value applying depreciation at the rate of 25% as provided under the Income Tax Act and have therefore paid less amount .....
18 2014 (11) TMI 864 - ALLAHABAD HIGH COURT
  Commissioner Versus IOC Ltd.
  Duty demand - Difference in loss - appellant is receiving lubricating oil from M/s. IOBL, Kolkata either on payment of duty or without payment of duty under bond - assessee were repacking the same into small packs to be sold in the market under their.....
19 2014 (11) TMI 863 - MADHYA PRADESH HIGH COURT
  Sadanam Personal Products Versus Commissioner
  Imports from China not through prescribed point of entry into India - Confiscation orders and penalty - 3,21,264 pieces of “Z” MAGNETISM FOR MEN DEODORANT BODY SPRAY” confiscated - Madhya Pradesh High Court admitted the appeal against the dcisioni [2.....
20 2014 (11) TMI 862 - BOMBAY HIGH COURT
  Commissioner Versus Dujodwala Products Ltd.
  Manufacture of turpentine oil and rosin – assessee claimed nil rate of duty on the ground that the same are manufactured without the aid of power and also demands are time-barred - Bombay high Court admitted the appeal of the Revenue against the deci.....
21 2014 (11) TMI 861 - BOMBAY HIGH COURT
  Commissioner Versus LG. Electronics Pvt. Ltd.
  CENVAT Credit - Bar of limitation - Bombay High Court dismissed the appeal filed by the Revenue against the order of CESTAT MUMBAI [2010 (3) TMI 536 - CESTAT, MUMBAI] holding that Tribunal perused the show cause notice in its entirety and in the cont.....
22 2014 (11) TMI 860 - BOMBAY HIGH COURT
  Commissioner Versus Hindustan Organic Chemicals Ltd.
  CENVAT Credit - Penalty u/s 11AC - Bombay High Court admitted the appeal of the Revenue filed against the decision of CESTAT MUMBAI [2005 (4) TMI 202 - CESTAT, MUMBAI] on the following substantial questions of law:- Whether in the facts and circu.....
23 2014 (11) TMI 859 - CESTAT CHENNAI
  Pothys Cotton Products Private Ltd. Versus Commissioner of Customs, Tuticorin
  Exemption under Notification No.28/97 Cus. dt. 1.4.97 - Penalty u/s 11A - Suppression of facts - Held that:- Appellant imported machinery under EPCG licence subject to the condition that the said machinery would be used in their factory for manufactu.....
24 2014 (11) TMI 858 - GUJARAT HIGH COURT
  ACIT Versus EMTICI ENGG. LTD.
  Interest on investment in shares deleted - Notional interest attributable to investment in shares - Whether the Tribunal was right in confirming the order passed by the CIT(A) deleting the interest attributable to investment in shares – Held that:- T.....
25 2014 (11) TMI 857 - CESTAT MUMBAI
  MIDEX GLOBAL PVT LTD. Versus COMMISSIONER OF CUSTOMS, PUNE
  Duty drawback claim - conversion of Shipping Bills for Duty Free Goods into Shipping Bill - Held that:- situation is not covered by any of the sub-clauses, namely (a), (b) or (c) above. In view of this position, the matter cannot be decided by the Si.....
26 2014 (11) TMI 856 - CESTAT MUMBAI
  M/s CHOWGULE & COMPANY PVT LTD Versus COMMISSIONER OF CENTRAL EXCISE, GOA
  Refund of SAD - Notification no. 102/2007 dated 14.09.2007 - Whether to avail the benefit of Notification no. 102/07, the condition 2(b) of the Notification is mandatory for compliance being a trader who cleared the goods on the strength of commercia.....
27 2014 (11) TMI 855 - CESTAT MUMBAI
  PRATIMA CLEARING AGENCY Versus COMMISSIONER OF CUSTOMS, PUNE
  Revocation of CHA License - Forfeiture of security deposit - contraventions of Regulations 13(a), (d) and (e) of the CHALR, 2004 - Held that:- In the enquiry report it has been clearly stated that the charges of contravention of Regulations 13(a) and.....
28 2014 (11) TMI 854 - SUPREME COURT
  Union of India & Others Versus M/s. Agarwal Iron Industries
  Validity of Search and seizure - information in possession of the officer - High Court has quashed the search and seizure conducted on 16.2.2000 in the factory premises of assessee – Held that:- The reasons cannot be accepted – it cannot be comprehe.....
29 2014 (11) TMI 853 - BOMBAY HIGH COURT
  The Commissioner of Income Tax Versus Rucha Engineers Pvt. Ltd.
  Penalty u/s 271(1)(c) deleted – Bonafide of assessee’s contentions - Whether the assessee's action disclosing certain particulars in the form of notes to “statement of income” and making wrong claim on the basis of such notes, amounts to furnishing o.....
30 2014 (11) TMI 852 - BOMBAY HIGH COURT
  Slum Rehabilitation Authority Versus The Deputy Director of Income Tax Exemption-1(2) & Others
  Stay application – stay of demand of ₹ 53.71 Crores – Held that:- The parameters for disposing of an application for stay pending disposal of Appeal before the Appellate Authority under the Act are fairly settled as decided in KEC International.....
31 2014 (11) TMI 851 - DELHI HIGH COURT
  Commissioner of Income Tax Delhi (Central) –III Versus Hari Chand Shri Gopal
  Proceedings u/s 153C – restriction on allowance of deduction of expenditure towards advertisement and brand building expenses - Held that:- The Tribunal noticed that revenue has not been able to substantiate the findings of the AO - none of the docum.....
32 2014 (11) TMI 850 - GUJARAT HIGH COURT
  CIT Versus CADILA ANTIBIOTICS LTD.
  Entitlement for deduction u/s 32AB - Whether the Tribunal was justified in holding that the assessee was entitled to deduction u/s 32AB – Held that:- As per section 32AB, it is required to be debited within six months from the end of the financial ye.....
33 2014 (11) TMI 849 - ITAT BANGALORE
  M/s. CISCO Systems (India) Private Ltd., Versus The Deputy Commissioner of Income Tax, Circle 11(2), Bangalore.
  Allocation of common expenses incurred on various units – Held that:- As decided in assessee’s own case for the earlier assessment year, it has been held that assessee is following head-count of personnel as the basis for allocation of the common and.....
34 2014 (11) TMI 848 - ITAT JODHPUR
  Ayushi Builders & Developers Versus DCIT, Central Circle-2, Jodhpur
  Unexplained cash credits u/s 68 – Addition outside the scope of section 153A or not – Admission of additional evidences – Held that:- The assessee-firm had already filed its Return of Income, long before the date of search i.e., on 15.12.2009 - ‘no i.....
35 2014 (11) TMI 847 - ITAT LUCKNOW
  Dy. CIT. -VI, Kanpur Versus M/s. MKU (Armours) Pvt. Ltd.
  Violation of Rule 46A – Admission of additional evidences without providing opportunity to heard or not - Held that:- CIT(A) noted that the assessee has filed an affidavit dated 11/06/2010, sworn by Mr. Manish Khandelwal, Director of the assessee com.....
36 2014 (11) TMI 846 - ITAT AHMEDABAD
  Assistant Commissioner of Income Tax Versus Akar Laminators Limited
  Hire charges paid to Blue Bell Finance Ltd. disallowed – Held that:- As decided in assessee’s own case for the earlier assessment year, wherein it has been held that the decision can be taken only once the petition in the High Court gets decided – th.....
37 2014 (11) TMI 845 - ITAT MUMBAI
  M/s PMP Auto Components P. Ltd Versus DCIT-7(1), Room No. 622, Mumbai
  Rate to be taken for computing arm’s length interest - Primary lending rate or LIBOR rate – Held that:- Identical issue has been considered in Aurionpro Solutions Ltd. Versus Additional Commissioner of Income-tax, Range - 4(3), Mumbai [2013 (11) TMI .....
38 2014 (11) TMI 844 - ITAT DELHI
  Toll Global Forwarding India Pvt Ltd Versus Deputy Commissioner of Income Tax Circle 2 (1), New Delhi
  Determination of ALP – CUP method rightly rejected or not – CUP method or TNMM - Transactions with Associated enterprises - International transactions of provision/ receipt of freight forwarding services to/from AEs – Whether the mechanism for comput.....
39 2014 (11) TMI 843 - ITAT COCHIN
  M/s. Olavanna Service Cooperative Bank Versus The Income Tax Officer
  Denial of deduction u/s 80P by invoking section 80A(5) – Taxpayers have not filed the returns of income within the time limit provided u/s 139(1) or 139(4) or within the time specified in the notice u/s 142(1) - Whether such taxpayers are entitled fo.....
40 2014 (11) TMI 842 - ITAT AHMEDABAD
  Income-Tax Officer Versus M/s. Twina Polyplast
  Allowability of deduction u/s 80IB - Assessee was having factory license before it started manufacturing activities or not – Commencement of business activity on or before 31.03.2004 or not – Held that:- CIT(A) rightly held that factory license is no.....
41 2014 (11) TMI 841 - ITAT DELHI
  DCIT (LTU) Delhi Versus M/s. Oriental Insurance Co. Ltd.
  Addition on account profit on sale/redemption of investments – Held that:- Following the decision in assessee’s own case as decided in Oriental Insurance Co. Ltd. Versus Assistant Commissioner of Income-tax, Circle 16(1), New Delhi [2011 (7) TMI 728 .....
42 2014 (11) TMI 840 - ITAT HYDERABAD
  M/s. Berkadia Services India Private Ltd. Versus Dy. Commissioner of Income-tax, Circle 1(3), Hyderabad
  Transfer pricing adjustment - Selection of compables – Accentia Technologies Limited - different business strategies – Held that:- In M/s. Capital IQ Information Systems (India) Pvt. Ltd. Versus Addl. Commissioner of Income-tax [2014 (9) TMI 125 - I.....
43 2014 (11) TMI 839 - ANDHRA PRADESH HIGH COURT
  M/s. Doshi Motors Pvt. Ltd. Versus The Commercial Tax Officer And Others
  ABUSE OF PROCESS OF COURT - discretionary jurisdiction of this Court, under Article 226 of the Constitution of India - Jurisdiction of assessing authority under Central Sales Tax - Bogus C Forms - entire turnover of the petitioner was assessed to ta.....
44 2014 (11) TMI 838 - MADRAS HIGH COURT
  M/s. Manickavel Edible Oils Private Ltd. Versus The Commercial Tax Officer-1
  Challenge to the pre-assessment notice - Sale in the course of import - Exemption under Section 5(1) & 5(2) of the CST Act - import of refined palm oil is sold locally - branch transfer/consignment sale under Section 6(A) of CST Act - Held that:- thi.....
45 2014 (11) TMI 837 - GUJARAT HIGH COURT
  Vishnubhai A. Patel Versus State of Gujarat & 1
  Cancellation of Registration - Exercising power of revision under Section 75 read with Section 100 of the Gujarat VAT Act - violation of principle of natural justice - illegal acts and omissions by a trader - Held that:- Principles of natural justice.....
46 2014 (11) TMI 836 - SUPREME COURT
  Hyderabad Industries Ltd. Versus Commercial Tax Officer & Others
  Denial of deduction on account of freight from sales price - representation of the freight in respect of the goods sold by the appellant, asserting that they had been charged for separately - high court has observed that, the buyer pays the catalogue.....
47 2014 (11) TMI 835 - ITAT JODHPUR
  Smt. Jiya Devi Sharma Versus The ACIT, Central Circle – 2, Jodhpur
  Addition out of land development expenses – Held that:- The assessee had produced complete books of account before the AO - Details of land development expenses incurred were even produced before the CIT(A) - No substantiating evidence by way of bill.....
48 2014 (11) TMI 834 - CESTAT MUMBAI
  COMMISSIONER OF CENTRAL EXCISE, AURANGABAD Versus SATISH NAGARE
  Business Auxiliary Service - Penalty u/s 76 & 78 - Held that:- Equal amount of penalty under Section 78 of the Finance Act has been imposed and the learned Commissioner (Appeals) has dropped the penalty under Section 76 on the ground that once penalt.....
49 2014 (11) TMI 833 - CESTAT CHENNAI
  General Manager (BSNL Cellular Mobile Services) Versus Commissioner of C. Ex & Service Tax, Trichy
  Waiver of predeposit of service tax - Telecom service - Held that:- The adjudicating authority has demanded service tax on BSNL Cellular Division on the Inter-connect usage charges for BSNL Landline Division. BSNL is a PSU entity who has taken separa.....
50 2014 (11) TMI 832 - CESTAT CHENNAI
  Surin Automotive Pvt. Ltd. Versus Commissioner of Central Excise(ST) Chennai
  Waiver of predeposit of tax - levy of service tax on bill discounting charges in the course of purchase and sales - Banking and Other Financial Services - Held that:- Prima facie, we are unable to accept the contention of the Commissioner (Appeals). .....
51 2014 (11) TMI 831 - CESTAT MUMBAI
  M/s ZODIAC CLOTHING CO LTD. Versus COMMISSIONER OF CENTRAL EXCISE, MUMBAI-I
  Denial of refund claim - scope of input services - validity of question raised in the show cause notice - reverse charge mechanism - The appellant states that the very show-cause notice is bad and illegal in terms of the directions of the Ministry of.....
52 2014 (11) TMI 830 - CESTAT MUMBAI
  PROMPT PERSONNEL CONSULTANCY SERVICES PVT LTD Versus COMMISSIONER OF SERVICE TAX-II, MUMBAI
  Waiver of pre-deposit of service tax - Manpower Recruitment or Supply Agency service - Held that:- applicant informed the Revenue vide letter which was received on 19.9.2006 explaining their activity after obtaining legal opinion and this letter was .....
53 2014 (11) TMI 829 - CESTAT MUMBAI
  TRIVENI COAL TRANSPORT PVT LTD. Versus COMMISSIONER OF CENTRAL EXCISE, NAGPUR
  Cargo handling service - Held that:- appellants have undertaken the activity under the work order which is for hiring of tipper for loading of coal from mines to B.G. Siding at Saoner and also hiring of loaders for loading of coal into tippers and th.....
54 2014 (11) TMI 828 - CESTAT CHENNAI
  Commissioner of Central Excise, Pondicherry Versus Cuddalore Kalamandir Women Worker's Multi Purpose Co-op. Cottage Industrial Soc. Ltd.
  Classification of goods - Classification of Herbal Shikakai Powder under the name of "Ragaa" - Classification under sub-heading 3003.39 as "other medicaments" or under Chapter Heading 3305.99 as per Note 2 to Chapter 33 read with Chapter Note 1 (d) t.....
55 2014 (11) TMI 827 - CESTAT AHMEDABAD
  M/s Volvo Tiles, Shri Dhiraj J. Patel Versus CCE Vadodara-I
  SSI Exemption - Notification No.8/2003-CE dt.01.03.2003 - Clearance of vitrified tiles - Mis-declaration of goods - Demand of differential duty - Imposition of interest and penalty - whether the confirmation of demand of the duty on the appellant alo.....
56 2014 (11) TMI 826 - BOMBAY HIGH COURT
  COMMISSIONER OF CENTRAL EXCISE Versus GOLDEN TABACCO LTD.
  Cenvat Credit - Input services - Credit of insurance premium amount - Held that:- Tribunal has failed to refer to the background facts. It has also not referred to the fact that whether the services and termed as input services in the case of Idea Ce.....
57 2014 (11) TMI 825 - DELHI HIGH COURT
  Flevel International Versus Commissioner
  Confiscation of goods - clandestine removal - goods kept at residential premises of appellants - SSI Exemption - Whether the decision of the Customs, Excise and Service Tax Appellate Tribunal upholding demand of ₹ 58,54,825/- and confiscation o.....
58 2014 (11) TMI 824 - CALCUTTA HIGH COURT
  INCORPORATED DAUB VERHOEVEN LTD. Versus UNION OF INDIA
  Waiver of pre-deposit - Wrongful availment of CENVAT Credit - Held that:- The proceeding was initiated on an allegation that the petitioners have not done any manufacturing activities and there was a wrongful availment of the Cenvat credit. It does n.....
59 2014 (11) TMI 823 - GUJARAT HIGH COURT
  HARSHVADAN RAJNIKANT TRIVEDI Versus UNION OF INDIA
  Application for supply of documents - petitioners require the photocopies of the documents/files seized under the panchnama, dated 7-12-2013, which have been seized from the possession of the petitioners, in his day-to-day business and while having c.....
60 2014 (11) TMI 822 - BOMBAY HIGH COURT
  Golden Tobacco Ltd. Versus Commissioner
  Recovery of CENVAT Credit - removal as such - rollers/cylinders were used for printing and when they became worn out, the same were again cleared to their vendors for new engraving/dechroming - Bombay High Court admitted the appeal of the assessee ag.....
61 2014 (11) TMI 821 - MADRAS HIGH COURT
  COMMISSIONER OF CENTRAL EXCISE, MADURAI Versus VIDYASAGAR TEXTILES LTD.
  SSI benefit under notification No. 8/2000 C.E., dated 1-3-2000 - whether the Small Scale Industry exemption granted to the respondent can be extended till 23-9-2000, since the respondent has been amalgamated with other Textile Company, by name, Palan.....
62 2014 (11) TMI 820 - Supreme Court of India
  COMMISSIONER OF CENTRAL EXCISE, BHAVNAGAR Versus FACT PAPER MILLS PVT. LTD.
  Maintainability of appeal - Clandestine removal and manufacture of goods - Held that:- appeals are not maintainable under Section 35L of the Central Excise Act, 1944 since the issues raised are of clandestine removal of manufactured goods and clandes.....
63 2014 (11) TMI 819 - Supreme Court of India
  COMMR. OF CUSTOMS (IMPORT), MUMBAI Versus MAHINDRA & MAHINDRA LTD.
  Valuation of goods - Inclusion of royalty in assessable value of goods - Held that:- Tribunal [2014 (5) TMI 944 - CESTAT MUMBAI] has not assigned any reason while upsetting the order of the Commissioner (Appeals), we are of the view, without going in.....
64 2014 (11) TMI 818 - CESTAT MUMBAI
  COMMISSIONER OF CUSTOMS, KANDLA Versus PSL LTD
  Exemption under Notification No.21/2002-CUs dated 01/03/2002 - Non submission of certificates for finished goods - Revenue contends that in the absence of such a certificate from DGHC, the coated pipes, which are manufactured under bond is liable to .....
65 2014 (11) TMI 817 - CESTAT CHENNAI
  M/s. Suguna Foods Ltd. Versus Commissioner of Customs (Import), Chennai
  Waiver of pre deposit - Benefit of exemption Notification No. 26/2000-Cus. dated 1.3.2000 - origin of goods - Free Trade Agreement between the Democratic Socialistic Republic of Sri Lanka and Republic of India - contravention of the conditions of th.....
66 2014 (11) TMI 816 - CESTAT MUMBAI
  M/s BHILWARA SPINNERS LTD. Versus COMMISSIONER OF CUSTOMS (EXPORT), NHAVA SHEVA
  Confiscation of goods - Redemption fine and penalty - Violation of condition 5 of the Notification 29/97 - Held that:- As in this case the appellant has opted to shift from zero duty EPCG licence to 10% duty EPCG licence, the same has been accepted b.....
67 2014 (11) TMI 815 - CESTAT CHENNAI
  Steel Profile India Ltd. Versus Commissioner of Customs, (Port-Import) Chennai
  Confiscation of goods - Redemption fine and penalty - performing office M/s.Bureau Veritas, Madagascar does not figure in Appendix 28 of Hand Book of Procedures (Vol.I) - Held that:- The goods were examined and found to be as declared. Further, the g.....
68 2014 (11) TMI 814 - GUJARAT HIGH COURT
  COMMISSIONER OF INCOME TAX Versus CHLORITECH INDUSTRIES
  Allowability of depreciation on gas toner - Whether the Tribunal is right in confirming the order passed by the CIT(A) holding that depreciation on gas toner is allowable at the rate of 100% treating the same as gas cylinders, as against depreciation.....
69 2014 (11) TMI 813 - GUJARAT HIGH COURT
  COMMISSIONER OF INCOME TAX II Versus PANASONIC ENERGY INDIA CO. LTD.
  Validity of reopening of assessment u/s 147 – Claim u/s 80HHC verified and accepted by AO or not – Held that:- The Tribunal rightly relied upon Commissioner of Income Tax Vs. Kelvinator of India Ltd. [2010 (1) TMI 11 - SUPREME COURT OF INDIA] wherein.....
70 2014 (11) TMI 812 - GUJARAT HIGH COURT
  MAYANK DIAMONDS PVT. LTD. Versus IT. OFFICER
  Estimation of GP @ 12.5% or 1.03% - Whether the Tribunal was right in estimating the gross profit of 12.5% against the gross profit of 1.03% shown by the assessee without recording any cogent and convincing reasons in support – Held that:- The averag.....
71 2014 (11) TMI 811 - BOMBAY HIGH COURT
  Commissioner of Income Tax Versus M/s. Nitco Tiles Limited
  Admission of appeal – Five questions of law formulated which can be termed as substantial question or not – Held that:- The matters in appeal is already decided in favour of assessee by the Tribunal – the only question which can be termed as substant.....
72 2014 (11) TMI 810 - GUJARAT HIGH COURT
  CIT Versus ABHISHEK CORPORATION
  Taxability of enture undisclosed receipt or income imbedded into it - Validity of admission of new plea – Discharge of onus - Whether the ITAT was justified in law in admitting a new plea contrary to the facts on record that the net profit in respect.....
73 2014 (11) TMI 809 - GUJARAT HIGH COURT
  COMMISSIONER OF INCOME TAX Versus MIHIR TEXTILES LTD.
  Whether the Tribunal is right in law and on facts in directing the AO to grant interest u/s 214 – Held that:- The issue has been already decided in the judgment of Modi Industries Ltd. and Others vs. Commissioner of Income Tax and Another [1995 (9) T.....
74 2014 (11) TMI 808 - GUJARAT HIGH COURT
  THE CIT Versus M/s. LMP PRECISION ENGINEERING CO. P. LTD.
  Levy of penalty u/s 273(a)(aa) when reassessment proceedings started - Whether the Tribunal was right in law in holding that penalty u/s 273(a) (aa) cannot be levied as it has been initiated in the reassessment proceedings – Held that:- The Tribunal .....
75 2014 (11) TMI 807 - GUJARAT HIGH COURT
  CIT Versus MADHAV INDUSTRIAL CORPORATION
  Grant of deduction u/s 80HHA and 80IA – Ship breaking activity amounts to manufacture or not - Whether the Tribunal is right in law and on facts in holding that the assessee which is engaged in ship breaking business is entitled for grant of deductio.....
76 2014 (11) TMI 806 - GUJARAT HIGH COURT
  COMMISSIONER OF INCOME TAX III Versus TIRUPATI CONSTRUCTION COMPANY
  Benefit of peak credit on unexplained receipts and payments upheld – Nexus between receipts and payments - Materials found during the search – Held that:- While appreciating a document, it is required to be considered in its entirety and it cannot be.....
77 2014 (11) TMI 805 - DELHI HIGH COURT
  Director of Income Tax (E) Versus Indo French Centre
  Violation of section 13(1)(d) r.w section 11(5) - Effect of amendment – Taxability of income – Held that:- The Tribunal rightly held that the assessee Society had not parked any of their funds in Crédit Industriel et Commercial, Paris, France either .....
78 2014 (11) TMI 804 - DELHI HIGH COURT
  COMMISSIONER OF INCOME TAX Versus M/s VODAFONE ESSAR SOUTH LTD.
  Provisions for network repair and maintenance and credit verification cost, provision of consultancy charges and provision for car hiring charges disallowed – Held that:- The assessee follows mercantile system of accountancy - The term "expenditure" .....
79 2014 (11) TMI 803 - GUJARAT HIGH COURT
  IT. OFFICER Versus SMT. MUKTABEN J. PATIRA
  Undisclosed income deleted - Return filed and available on record - Whether the Tribunal is right in deleting the addition as undisclosed income of the assessee received from M/s. Patira Packaging on the ground that the assessee had filed return for .....
80 2014 (11) TMI 802 - GUJARAT HIGH COURT
  SAURIN J. SHAH Versus DY. CIT
  Trading loss disallowed - details provided by the assessee to substantiate the claim or not – Held that:- The entries in the books of Accounts will not be a new loss or payment, which is established from the record and which is required to be conside.....
81 2014 (11) TMI 801 - GUJARAT HIGH COURT
  DY. CIT Versus MAHARAJA SALT WORKS CO. (P) LTD.
  Eligibility to deduction u/s 80HHC – Minerals include salt or not - Whether the Tribunal was justified in holding that the expression "Minerals" does not include salt and therefore the assessee Company was eligible to deduction u/s 80HHC – Held that:.....
82 2014 (11) TMI 800 - KARNATAKA HIGH COURT
  COMMISSIONER OF INCOME TAX AND JOINT COMMISSIONER OF INCOME TAX (ASSESSMENT) Versus M/s PYRAMID TIMBER ASSOCIATES (P) LTD
  Eligibility of deduction on loss of goods in transit - Trading of importing timber logs in bulk quantity - Reserve Bank of India did not permit the remittance of sale consideration by way of foreign exchange on the ground that the goods never reached.....
83 2014 (11) TMI 799 - MADRAS HIGH COURT
  SKM Shree Shivkumar Versus Deputy Commissioner of Income-tax, Circle I, Erode
  Stay application – Direction to pay the demand in installments by Tribunal – Held that:- The order of the Tribunal may not have been placed before the second respondent - it could be true that it was placed, but he did not take note of it - In either.....
84 2014 (11) TMI 798 - BOMBAY HIGH COURT
  Coca-Cola India Private Limited Versus The Assistant Registrar Representing The Income Tax Appellate Tribunal & Others
  Allowability of service charges including travelling expenses – Held that:- Assessee was right in the complaint that it made - Even on that occasion, the Tribunal had chosen to restore the claim/disallowance in relation to service charges to the file.....
85 2014 (11) TMI 797 - GUJARAT HIGH COURT
  DY. CIT (ASSTT) Versus PANNA CORPORATION
  Addition of undisclosed income – on money receipts and sale of row houses - Whether the Tribunal is right in law and on facts in deleting the addition made on account of undisclosed income earned by the assessee out of “on money” receipts from the sa.....
86 2014 (11) TMI 796 - ITAT DELHI
  Uem India Pvt. Ltd. Versus ACIT, Circle 18(1), New Delhi
  Addition of outstanding balance of certain creditors – Failure to comply with notices issued u/s 136(6) – Held that:- AO failed to offer any comment on the evidences filed by the assessee and insisted for sustenance of disallowance on the basis that .....
87 2014 (11) TMI 795 - CESTAT NEW DELHI
  Mott Mac Donald Pvt. Ltd. Versus Commissioner of Service Tax Noida
  Waiver of pre deposit - CENVAT Credit - consulting engineer service - Credit taken on strength of debit notes - Held that:- debit notes are serially numbered and clearly show the amount of service tax paid thereunder along with other details like des.....
88 2014 (11) TMI 794 - CESTAT MUMBAI
  RAYMOND LTD Versus COMMISSIONER OF SERVICE TAX - II, MUMBAI
  Levy of tax on commission retained by other person - Reverse charge mechanism - Assessee handed over bills for collection of the export proceeds to Standard Chartered Bank - Standard Chartered Bank undertook collection of the export proceeds through .....
89 2014 (11) TMI 793 - CESTAT AHMEDABAD
  M/s Gaurav Contract Co. Versus CCE Rajkot
  CENVAT Credit - Availment of credit on tippers and dumpers - Trippers and dumpers not considered as inputs or capital goods - Exemption under Notification No.25/2010-CE(NT) - Retrospective effect of amendment done in Notification - Held that:- The sa.....
90 2014 (11) TMI 792 - CESTAT CHENNAI
  M/s. Krishna Constructions Versus CST, Chennai
  Waiver of pre deposit - Commercial and Industrial Complex Service - applicants had not placed any evidence in support of their stand that construction of residential dwelling single units would not come under the purview of construction of residentia.....
91 2014 (11) TMI 791 - CESTAT NEW DELHI
  M/s KEHEMS ENGG PVT LIMITED Versus COMMISSIONER OF CENTRAL EXCISE, INDORE
  Erection, commissioning and installation service - works contract service - whether composite works contracts are susceptible to levy and demand of service tax prior to 01.06.2007 under existing taxable services such as commercial or industrial const.....
92 2014 (11) TMI 790 - CESTAT BANGALORE
  M/s Formula Motors Versus Commissioner of Central Excise and Service Tax, Mysore
  Waiver of pre deposit - Authorized Service Station service - Held that:- Appellant’s service station is recognized because they used brand name of ‘Maruti’ and owners of vehicles manufactured by Maruti come to the appellant’s premises for obtaining s.....
93 2014 (11) TMI 789 - CESTAT BANGALORE
  East Coast Engineering Company Versus Commissioner of Customs, Central Excise and Service Tax, Guntur
  Waiver of pre deposit - Survey and Map Making Service - Held that:- if an assessee makes a claim that the same service and the same transaction has already suffered the tax, levy of tax for the second time on the same transaction without even verifyi.....
94 2014 (11) TMI 788 - CESTAT CHENNAI
  M/s. Coromandel Infotech India Ltd. Versus Commissioner of Service Tax, Chennai
  Waiver of pre deposit - Manpower Recruitment and Supply Agency Service - Held that:- issue is covered by the decision of the Tribunal in the case of Future Focus Infotech Vs. CCE - [2010 (3) TMI 190 - CESTAT, CHENNAI]. On the other hand, the learned .....
95 2014 (11) TMI 787 - CESTAT BANGALORE
  Biotech Trading Pvt. Ltd. Versus Commissioner of Customs and Service Tax Bangalore-cus
  Waiver of pre deposit - Valuation of HCG 3 mm strip and LH 3 mm strip - identical goods had been imported at an enhanced value, during the comparable period at other Custom station - Held that:- No evidence has been produced that the submission of th.....
96 2014 (11) TMI 786 - CESTAT KOLKATA
  VZ. KAPMAWIA AND ASHOK KUMAR AGARWAL Versus COMMISSIONER OF CUSTOMS (PREV.), NER, SHILLONG
  Waiver of predeposit - penalty u/s 114 - smuggling of red sanders - Held that:- Prima facie, we find that it is a case of appreciation of evidences placed by both sides. In the circumstances, we are of the view that directing 10% of the penalty impos.....
97 2014 (11) TMI 785 - CESTAT NEW DELHI
  M/s. Five Core Electricals Ltd., Shri Amarjit Singh Kalra, Director Versus Commissioner of Customs, New Delhi
  Valuation of goods - Misdclaration of goods - Redemption fine and penalty - Held that:- the word ‘for amplifier is added with a malafide intention so as to justify lower assessable value of the goods. Inasmuch as there is admitted mis-declaration in .....
98 2014 (11) TMI 784 - CESTAT NEW DELHI
  Commissioner of Customs, (Exports) New Delhi Versus M/s. Electronics (India) Pvt. Ltd.
  Remission of duty - Theft of goods - dispute traveled up to the Tribunal, who rejected the assessees request to allow remission of duty - matter was remanded for re-quantification of the said duty and to finalize interest rate - Commissioner restric.....
99 2014 (11) TMI 783 - CESTAT MUMBAI
  CEAT LTD. Versus COMMISSIONER OF CENTRAL EXCISE, NASHIK
  Demand of differential duty - Demand of interest - Whether they are liable to pay interest on the differential duty that would commence from the month succeeding the date on which the duty was due and payable in relation to the goods cleared till the.....
100 2014 (11) TMI 782 - CESTAT CHENNAI (LB)
  JSW STEEL LTD. Versus COMMISSIONER OF CENTRAL EXCISE, SALEM
  Cenvat Credit - Capital goods - capital goods were used to set up power plant for generation of electricity - allegation that concerned power plant is not an integral part of the manufacturing unit - allegation that there is no relation between M/s......
101 2014 (11) TMI 781 - GUJARAT HIGH COURT
  KC. & SONS APPLIANCES PVT. LTD. Versus UNION OF INDIA
  Delay in payment of excise duty - Demand of interest u/s 11AB - Rate of interest - Held that:- Part of Rule 8(3) of the Central Excise Rules, 2002, which was prevailing at the relevant time as per Notification No. 12/2003, dated 1st March 2003, which.....
102 2014 (11) TMI 780 - GUJARAT HIGH COURT
  RAVI PHARMACEUTICALS P. LTD. Versus UNION OF INDIA
  Condonation of delay - Copy of order lost in office - Delay caused in obtaining duplicate copy of the order - Held that:- Petitioner had shown sufficient cause for not being able to prefer appeal within the time permitted. It is a case where, if the .....
103 2014 (11) TMI 779 - ANDHRA PRADESH HIGH COURT
  COMMR. OF CENTRAL EXCISE, VISAKHAPATNAM-I Versus HINDUSTAN ZINC LTD.
  Denial of CENVAT Credit - Shortage in stock - Suppression of facts - Invocation of extended period of limitation - Whether the loss on the inputs which was found out by the respondent during their annual stock taking and which was written off by them.....
104 2014 (11) TMI 778 - MADRAS HIGH COURT
  COMMISSIONER OF C. EX., CHENNAI-IV Versus TUBE INVESTMENTS OF INDIA LTD.
  Penalty u/s 11AC - Suppression of facts - Intention for evasion of duty - whether the Tribunal is justified in reducing the imposition of penalty - Held that:- There was wilful suppression of facts and fraud committed by the assessee with an intentio.....
105 2014 (11) TMI 777 - MADRAS HIGH COURT
  M/s ABI TURANAMACTICS Versus CESTAT, CHENNAI
  DTA clearances - concessional rate of duty vide Notification dated 31-3-2003 - Whether the first respondent erred in law while giving prima facie finding that the goods under question are not similar by importing the provisions contained in and the c.....
106 2014 (11) TMI 776 - BOMBAY HIGH COURT
  Commissioner Versus Siyaram Packaging Pvt. Ltd.
  Non discharge of the duty liability for the month of December 2007 to February 2008 - default as per Rule 8(3A) of the Central Excise Rules, 2002 - Penalty under Rule 25 of the Central Excise Rules - Bombay High Court admitted the appeal of Revenue a.....
107 2014 (11) TMI 775 - BOMBAY HIGH COURT
  GTC Industries Ltd. Versus Commissioner
  Denial of refund claim - Whether refund claim is liable to be rejected on ground of unjust enrichment u/s 11B - Bombay High Court admitted appeal of Assessee against the decision of Tribunal [2012 (7) TMI 231 - CESTAT, MUMBAI] on the following substa.....
108 2014 (11) TMI 774 - Supreme Court of India
  Kali Aerated Water Works Versus Commissioner
  Waiver of pre deposit - SSI Exemption - Brand name - Benefit of Exemption Notification No. 1/93-CE - Supreme Court partly granted stay in the appeal filed by the assessee against the decision of CESTAT Chennai [2004 (4) TMI 513 - CESTAT, CHENNAI]......
109 2014 (11) TMI 773 - ITAT MUMBAI
  Classic Commercial Services Pvt. Ltd., Besto Farms Pvt. Ltd. Versus Income Tax Officer
  Assessment of gains on sale of agricultural land - Whether the CIT(A) was justified in confirming the assessment of gain arising on sale of agricultural land as “business Profit” by rejecting the claim of the assessees that the same is not liable for.....
110 2014 (11) TMI 772 - ITAT MUMBAI
  ACIT, Large Tax payer Unit, Mumbai Versus M/s Sterlite Technologies Ltd.
  ESOP expenses disallowed – Held that:- The CIT(A) rightly observed that the ESOP expenses represented the option discount, that is, the excess of the market price of the share on the date of grant of the option under ESOP 2006 over the exercise price.....
111 2014 (11) TMI 771 - ITAT MUMBAI
  Hinduja Ventures Limited Versus Dy. Commissioner of Income Tax
  Disallowance u/s 14A r.w Rule 8D on interest expenses - Held that:- Neither the AO nor CIT(A) has taken any step to verify the claim of the assessee that its own fund was sufficient for making the investment - once the assessee has claimed that his o.....
112 2014 (11) TMI 770 - ITAT AHMEDABAD
  ACIT, Circle-4, Ahmedabad Versus GHCL Ltd.
  Reduction of 90% of interest under Explanation (baa) to Section 80HHC - Netting off of interest expenses have nexus between interest income or not – Held that:- The word is receipt and not income accordingly while computing deduction u/s 80HHC 90% of.....
113 2014 (11) TMI 769 - ITAT HYDERABAD
  DCIT, Circle 1(1) Hyderabad Versus M/s. AVRA Laboratories P. Ltd.
  Expenses incurred on contract research u/s 35(1)(iv) – revenue was of the view that such expenditure would facilitate the business of a third party and not that of the assessee – Held that:- Assessee is involved in R & D activities and has employed i.....
114 2014 (11) TMI 768 - ITAT HYDERABAD
  M/s. Visu International Limited, Hyderabad Versus Dy. Commissioner of Income-tax
  Belated payment of contributions towards EPF and ESI deleted – Held that:- Following the decision in CIT V/s. Ghatge Patil Transport Ltd. [2014 (10) TMI 402 - BOMBAY HIGH COURT] wherein after taking into consideration the provisions of S.2(24)(x) rea.....
115 2014 (11) TMI 767 - ITAT HYDERABAD
  Income Tax Officer Versus Shri Attaur Rahman, Warangal
  Deletion of unexplained expenses – Held that:- The amount withdrawn by the assessee from his bank account cannot be treated as his income merely because the same was not recorded in the books of account – it cannot be treated as unexplained expenditu.....
116 2014 (11) TMI 766 - ITAT KOLKATA
  Deputy Commissioner of Income-tax Versus Anubhav Infrastructure Ltd., Silver Point Infratech Ltd.
  Estimation of rate of NP @ 4% of gross contractual receipt or @ 8% - Held that:- The assessee company is a sub-contractor to execute the civil construction works awarded by the principals, which is a small part of the projects executed by the princip.....
117 2014 (11) TMI 765 - ITAT KOLKATA
  Borneo Realship Ltd. Versus ITO., Ward-9(2), Kolkata
  Validity of reopening of assessment - Change of opinion - Whether the CIT(A) was justified in confirming the disallowance of expenditure upto 50% out of the total disallowance made by the AO on account of administrative expenses – Held that:- Reopeni.....
118 2014 (11) TMI 764 - ITAT HYDERABAD
  Desaraju Ravi Shankar, Hyderabad Versus Income Tax Officer
  Rejection of explanation offered by assessee – Credits confirmed as appearing in bank account – Held that:- Assessee has genuinely explained the whole arrangement - assessee was also present in the court room and admitted that he has taken some benef.....
119 2014 (11) TMI 763 - ITAT COCHIN
  Mangalam Publications (India) P. Ltd. Versus Dy. CIT, Cir. 1 Kottayam
  Reopening of assessment u/s 147 - Change of opinion - Held that:- Explanation 2(c)(iii) to section 147 of the Act clearly says that income chargeable to tax has escaped assessment where an assessment has been made but excess relief was granted under .....
120 2014 (11) TMI 762 - ITAT DELHI
  ITO, Ward 2, Uttrakhand Versus Smt. Urmila Bhandari
  Rejection of deduction u/s 80IC(2) – Failure to obtain NOC from the pollution Control Board - Whether the AO can disallow the claim for deduction u/s 80IC for the asstt. Year 2009-10 and 2010-11 when the claim has not been disallowed or withdrawn in .....
121 2014 (11) TMI 761 - ITAT MUMBAI
  Shri Janzeb Amirkamal Khan Versus Income Tax Officer/ACIT-13(3) (2), Mumbai
  Additions u/s 69A - Principles of natural justice – Opportunity of being heard provided to assessee or not - Service of notice - Held that:- The Tax Authorities have noticed cash deposits in the HDFC Bank Account, Crawford Market Branch, Mumbai and w.....
122 2014 (11) TMI 760 - ITAT DELHI
  Raghupati Leasing & Finance Ltd. Versus ITO, Ward 15(1), New Delhi
  Addition u/s 68 - Multiple accounts in various branches – Unaccounted black money found by DIT(Inv.) –Whether undisclosed income actually represented disputed settlement amount recoverable from M/s Miraculas Construction P. Ltd. against the leasing c.....
123 2014 (11) TMI 759 - ITAT AHMEDABAD
  Ausom International Pvt. Ltd. Versus Dy. Commissioner of Income tax
  Confirmation of disallowance u/s 14A – Decision relied overruled by subsequent decision - Held that:- The AO observed that the assessee has earned dividend income - The assessee has made investment of ₹ 200 lakhs on 31.03.2007 - The assessee is.....
124 2014 (11) TMI 758 - CESTAT BANGALORE
  ADITYA HOROLOGICAL LTD. Versus COMMR. OF C. EX. (APPEALS-I), BANGALORE
  Modification of stay order - Waiver of pre deposit - non compliance of pre deposit order - Financial Hardship - Held that:- The plea of financial hardships was also considered in the above stay order wherein it was noted that this plea was not suppor.....
125 2014 (11) TMI 757 - CESTAT BANGALORE
  M/s. SWARNA TOLLWAY PVT. LTD. Versus COMMISSIONER OF CUSTOMS, CENTRAL EXCISE AND SERVICE TAX GUNTUR
  Business Auxiliary Services - collection of toll charges on behalf of CIDBI or not - Held that:- The appellants relied on the various provisions of Memorandum of Agreement, Tripartite Assignment Agreement, and also adduced additional evidence in the .....
126 2014 (11) TMI 756 - CESTAT NEW DELHI
  Pushkar Steels (P.) Ltd. Versus Commissioner of Central Excise, Meerut-I
  Management Consultancy Services - activity of helping in marking of granite blocks and rendering assistance in execution of the export orders - Penalty u/s 76, 77 & 78 - Held that:- Organization to whom Management Consultancy service is alleged to h.....
127 2014 (11) TMI 755 - CESTAT MUMBAI
  SGR INFRATECH LTD. Versus COMMISSIONER OF CENTRAL EXCISE, NAGPUR
  Refund claim - period of limitation - repair and maintenance of light, electric installation etc - appellant was under the impression that they are required to pay service tax, they kept paying the service tax till 15.06.2005. Later-on, when they re.....
128 2014 (11) TMI 754 - CESTAT MUMBAI
  SHRIRAM TRANSPORT FINANCE CO LTD Versus COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE
  Waiver of pre deposit - hire purchase and financial lease service - Held that:- On perusal of the decision of the Hon'ble Apex Court in the case of Association of Leasing & Financial Service Companies Vs. Union of India (2010 (10) TMI 4 - SUPREME COU.....
129 2014 (11) TMI 753 - CESTAT CHENNAI
  M/s. The Salem Fairlands Recreation Club Versus Commissioner of Central Excise, Salem
  Waiver of pre deposit - Club or Association Service - Held that:- Ranchi Club Ltd. Vs. Commissioner of Central Excise & Service Tax, Ranchi Zone reported in [2012 (6) TMI 636 - Jharkhand High Court], Sports Club of Gujarat Ltd. Vs Union of India repo.....
130 2014 (11) TMI 752 - CESTAT MUMBAI
  M/s PRAKRUTI RESORTS LTD. Versus COMMISSIONER OF CENTRAL EXCISE, RAIGAD
  CENVAT Credit - construction service and consulting engineer service - Held that:- Appellant is entitled to take CENVAT Credit on the construction services and consulting engineering services availed by it during the financial year 2007-08 being prio.....
131 2014 (11) TMI 751 - CESTAT MUMBAI
  COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS, AURANGABAD Versus HOGANAS INDIA LTD
  C&F Agency Services - Commissioner set aside demand - Held that:- sales representative appointed by the respondent were only canvassing orders and they were not received or clearing and forwarding the goods manufactured by the appellant. For canvassi.....
132 2014 (11) TMI 750 - CESTAT MUMBAI
  OTIS ELEVATOR COMPANY (INDIA) LTD. Versus COMMISSIONER OF SERVICE TAX MUMBAI-II
  Remission of tax - On the basis of previous order Commissioner ordered remission of tax without issuing SCN - Held that:- Inasmuch as the relied upon order has already been set aside and the matter is remanded back to the adjudicating authority, and .....
133 2014 (11) TMI 749 - CESTAT NEW DELHI
  M/s. Shree Baba Exports Versus CCE, Meerut-II
  CENVAT Credit - Reversal of credit when finished goods became exempt - Methol Flakes and Menthol Crystals - Applicability of Rule 11 (3) - Held that:- Sub-rule 3 would be applicable if the some cenvat credit availed inputs are being used for manufact.....
134 2014 (11) TMI 748 - CESTAT CHENNAI
  SHS Electronics Versus Commissioner of Central Excise, Coimbatore
  Classification of goods - Classification of Horn Controller - Whether the Horn Controller manufactured and cleared by the appellants was classifiable under Chapter sub-heading 8512.00 or under chapter sub-heading 8708.00 of the CETA during the releva.....
135 2014 (11) TMI 747 - ANDHRA PRADESH HIGH COURT
  MAA MAHAMAYA INDUSTRIES LTD. Versus COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX VISAKHAPATNAM-I, COMMISSIONERATE
  Validity of Tribunal's order - appellant, argued that the Tribunal has no jurisdiction to ask the appellant to make the deposit as a pre-condition for fresh adjudication - held that:- Tribunal does not have any inherent power like Civil Court to pass.....
136 2014 (11) TMI 746 - ANDHRA PRADESH HIGH COURT
  COMMR. OF C. EX. & CUS., VISAKHAPATNAM-I Versus ISN. RAJU
  Clearance of goods without payment of duty - Extended period of limitation - Fabrication at site - Supply of Concrete Armoured Units (CCA Units) - Interest u/s 11AB - Penalty u/s 11AC - Held that:- Admittedly, there was an adjudication order No. 7/89.....
137 2014 (11) TMI 745 - MADRAS HIGH COURT
  COMMISSIONER OF CENTRAL EXCISE, CHENNAI Versus EUROTHERM DEL INDIA LTD.
  Reversal of MODVAT Credit - Penalty u/s 11AC - Interest u/s 11AB - Whether the lower appellate authority was right in setting aside the mandatory penalty under Rule 57-I(4) of the Central Excise Rules, 1944 and Section 11AC of the Central Excise Act,.....
138 2014 (11) TMI 744 - CALCUTTA HIGH COURT
  CHITTARANJAN LOCOMOTIVE WORKS Versus UNION OF INDIA
  Waiver of pre-deposit - Penalty u/s 11AC - Non production of clearance from CoD or any document that the application seeking clearance is pending - Held that:- Following decision of Electronics Corporation of India Ltd. Versus Union of India & Ors. [.....
139 2014 (11) TMI 743 - BOMBAY HIGH COURT
  NANDKISHORE STEEL INDUSTRIES PVT. LTD. Versus CESTAT
  Maintainability of appeal - Dismissal of appeal - Non compliance with pre deposit order - Held that:- How mere closure or then taking over by the financial institution ipso facto is sufficient to demonstrate undue hardship. In the light of material p.....
140 2014 (11) TMI 742 - Supreme Court of India
  Lumbini Beverages Pvt. Ltd. Versus Commissioner
  Cenvat credit - credits were taken without satisfying the procedure provided under Rule 57R(3) of the Central Excise Rules, 1944 - Supreme Court dimissed appeal filed by assessee against the order of high Court [2009 (1) TMI 520 - PATNA HIGH COURT] w.....
141 2014 (11) TMI 741 - Supreme Court of India
  Samrat Plywood Ltd. Versus Commissioner
  Waiver of pre deposit - Order of pre deposit to pursue matter afresh - High Court upheld order of pre deposit [2011 (11) TMI 317 - PUNJAB AND HARYANA HIGH COURT] - Supreme Court dismissed appeal as infructuous since in pursuance of the previous order.....
142 2014 (11) TMI 740 - Supreme Court of India
  Commissioner Versus Sagar Cement Ltd.
  MRP based valuation - Recall of order - Supreme Court after condoning the delay restored the appeal to its original number and recalled the order passed by the CESTAT Banglore in [2010 (4) TMI 418 - CESTAT, BANGALORE] where it was held that requireme.....
143 2014 (11) TMI 739 - Supreme Court of India
  Commissioner Versus Olive Healthcare
  Valuation of goods - Assessable value of physician samples - Supreme after condoning the delay dismissed the appeal of the Revenue where CESTAT AHMEDABAD in [2010 (6) TMI 741 - CESTAT AHMEDABAD] held that assessable value of physician’s samples is re.....
144 2014 (11) TMI 738 - CESTAT MUMBAI
  SUNITIDEVI SINGHANIA HOSPITAL & MEDICAL RESEARCH CENTRE Versus COMMISSIONER OF CUSTOMS ACC, MUMBAI
  Confiscation of goods - Redemption fine and penalty - import of medical equipment claiming the benefit of Notification 64/88-Cus dated 01/03/1998 - Held that:- As per the records produced by the appellant before the investigating authority, the tota.....
145 2014 (11) TMI 737 - CESTAT CHENNAI
  Commissioner of Customs, (Seaport-Export), Chennai Versus Adani Exports Ltd.
  Denial of refund claim - finalization of provisional assessment - The adjudicating authority rejected the refund claim on the ground that the finalization of amount was done on 5.1.2007 and the appellant filed refund claim on 10.9.2007. - period of l.....
146 2014 (11) TMI 736 - CESTAT MUMBAI
  OIL AND NATURAL GAS CORPORATION LTD Versus COMMISSIONER OF CUSTOMS (IMPORT), MUMBAI
  Levy of Anti dumping duty - mode of calculation - import of casing pipes - Notification No. 91/2000-Cus dated 21.6.2000 - Held that:- Anti Dumping Duty has not been imposed based upon the margin of dumping but Anti Dumping Duty has been imposed les.....
147 2014 (11) TMI 735 - CESTAT NEW DELHI
  Shri Chander Gauba, MD. -M/s V&S International] Versus CC, New Delhi (Prev.)
  Violation of principle of natural justice - Opportunity for cross examination not given - over valuation of the export consignment - Imposition of penalty - Held that:- Commissioner has not allowed cross-examination of the deponents, whose statement .....
148 2014 (11) TMI 734 - KERALA HIGH COURT
  THE COMMISSIONER OF INCOME TAX (CENTRAL), KOCHI Versus SETTLEMENT COMMISSION (IT & WT) AND M/s. JOSCO JEWELLERS PVT. LTD.
  Interference made in the order of Settlement Commission u/s 245D - Nature of jurisdiction exercised - Whether the exercise of its jurisdiction under Article 226 of the Constitution of India, will interfere with orders passed by the Settlement Commiss.....
149 2014 (11) TMI 733 - DELHI HIGH COURT
  Director of Income Tax (Exemption) Versus M/s. Indraprastha Cancer Society, M/s. Sanskriti Educational Society, M/s. Abul Kalam Azad Islamic Awakening
  Entitlement for depreciation - Whether a charitable institution, which has purchased capital assets and treated the amount spent on purchase of the capital asset as application of income, is entitled to claim depreciation on the same capital asset ut.....
150 2014 (11) TMI 732 - DELHI HIGH COURT
  The Commissioner of Income Tax-II Versus JDS Apparels Private Limited
  TDS under section 194H – assessee had paid commission to HDFC on payments received from customers who had made purchases through credit cards - Whether the Tribunal was right in holding that the AO was wrong in invoking Section 40(a)(ia) of the Act –.....
151 2014 (11) TMI 731 - KERALA HIGH COURT
  THE DEPUTY DIRECTOR OF INCOME-TAX (INV) -II Versus STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR
  Source of income not disclosed – Claim of custody of gold ornaments by the income tax authority for the purpose of enquiry under the Income Tax Act - Criminal petition under Kerala Value Added Tax Act – Whether the release of gold to the first respon.....
152 2014 (11) TMI 730 - PUNJAB & HARYANA HIGH COURT
  Commissioner of Income Tax, Patiala Versus M/s. Nahar Spinning Mills (P) Ltd.
  Taxability of cash incentive and duty draw back - Whether the amount on account of cash incentive and duty draw back, though claimed but not received actually by the assessee, would be taxable under the Income Tax Act – Held that:- As decided in Comm.....
153 2014 (11) TMI 729 - ITAT DELHI
  Religare Enterprise Ltd. Versus ITO, Ward 15(3), New Delhi
  Exclusion of loan written back to credit of P&L a/c – Applicability of section 41(1) – Loans waived by group companies - Held that:- In the audited financial statements the Trustees of the assessee have recognised liabilities written back, dividend a.....
154 2014 (11) TMI 728 - ITAT HYDERABAD
  M/s. Kirby Building Systems India Ltd. Versus ACIT, Circle 8(1), Hyderabad
  Transfer pricing adjustment -Payment of royalty and technical service fee disallowed –Held that:- Following the decision in Kirby Building Systems India Ltd. Versus Additional Commissioner of Income-tax, Range-8, Hyderabad [2014 (10) TMI 696 - ITAT H.....
155 2014 (11) TMI 727 - ITAT MUMBAI
  ITO 19(2) (4), Mumbai Versus Narinder Kaur Bhatia
  Allowability of exemption against the sale of property u/s 54 – Purchase agreement beyond one year before the date of sale or not – Held that:- The assessee had purchased a residential flat on 08.01.1981, which was sold on 07.02.2007 for a sale consi.....
156 2014 (11) TMI 726 - ITAT JAIPUR
  The ACIT, Circle- Sawai Madhopur Versus Shri Khiladi Lal Bairwa Prop. M/s. Khiladi Lal & Bros
  Validity of notice for reassessment u/s 148 - Discrepancies in the transportation receipts and TDS certificates - Held that:- The AO made additions which were deleted by the CIT(A) – revenue relied on the CIT(A)’s order to hold that the proceedings u.....
157 2014 (11) TMI 725 - ITAT MUMBAI
  Income Tax Officer, (International Taxation) -3(1), Versus Linklaters & Paines Mumbai
  Permanent establishment - Whether the assessee had a permanent establishment in India or not – Held that:- Following the decision in Linklaters LLP Versus ITO (Int’l Taxation) [2010 (7) TMI 535 - ITAT, MUMBAI] - in a situation where specific provisio.....
158 2014 (11) TMI 724 - ITAT MUMBAI
  Dy. Commissioner of Income Tax Versus M/s. Ritcher Themis Medicare Pvt. Ltd.
  Restriction in amount of disallowance u/s 14A – Computation of book profit u/s 115JB – Held that:- AO was of the view that the provisions of Rule 8D of the Income tax Rules are applicable to the year - as decided in GODREJ AND BOYCE MFG. CO. LTD. Ver.....
159 2014 (11) TMI 723 - ITAT DELHI
  ITO, Ward 4(1), New Delhi Versus Jaintex Apparels Pvt. Ltd.
  Addition of unaccounted consignment sales – Income included in P&L account or not – Held that:- The assessee has been consistently following a particular method of accounting - Its accounts are audited u/s 44AB of the I.T. Act - Auditors have been co.....
160 2014 (11) TMI 722 - ITAT DELHI
  DCIT, Circle-10(1), New Delhi Versus M/s. Destination of the World (Subcontinent) Pvt. Ltd.
  Determination of ALP – International transaction – Assessee is carrying on the business of providing services for in-bound, out-bound and local travels - Held that:- Following the decision in Destination of the World (Subcontinent) (P.) Ltd. Versus A.....
161 2014 (11) TMI 721 - ITAT HYDERABAD
  Apollo Health Street Ltd. Versus Deputy Commissioner of Income-tax, Circle-1 (1)
  Transfer pricing adjustment – Corporate guarantee provided by the company – Held that:- DRP did not take into consideration any of the objections raised by the assessee including the internal CUP provided to it - the matter was also sent back to the .....
162 2014 (11) TMI 720 - ITAT DELHI
  Income Tax Officer Versus Dr. Jaideep Kumar Sharma Prop. Dr. Jaideep’s Diagnostic Centre
  Disallowance u/s 40(a)(ia) – Tax withholding obligations u/s 194C and 194J discharged or not - Lab testing charges and printing the stationery expenses – Held that:- Following the decision in Rajeev Kumar Agarwal Versus Additional Commissioner of Inc.....
163 2014 (11) TMI 719 - ITAT MUMBAI
  M/s. Excel Crop Care Ltd. Versus The DCIT, Central Circle – 38, Mumbai
  Disallowance u/s. 14A – Held that:- The AO has applied Rule 8D while computing the disallowance u/s. 14A – as decided in GODREJ AND BOYCE MFG. CO. LTD. Versus DEPUTY COMMISSIONER OF INCOME-TAX AND ANOTHER [2010 (8) TMI 77 - BOMBAY HIGH COURT] - the.....
164 2014 (11) TMI 718 - ITAT HYDERABAD
  Coromandel Stampings & Stones Ltd. Versus Assistant Commissioner of Income-tax, Circle-1 (2), Hyderabad
  Power of CIT to invoke section 263 - Computation of book profits u/s 115JB – Prior paid expenses reduced – Held that:- Following the decision in Apollo Tyres Ltd. Versus Commissioner of Income Tax [2002 (5) TMI 5 - SUPREME Court] – While assessing a .....
165 2014 (11) TMI 717 - ITAT VISAKHAPATNAM
  Deputy Commissioner of Income-tax, Circle -3(1) (TDS), Vijayawada Versus Vijaya Bank, Kothagudem
  TDS u/s 194 - Failure to prove regarding forwarding of Form No. 15G/H or not - Order u/s 201(1) and 201(1A) – assessee in default - Held that:- The assessee has furnished declarations in the prescribed format in respect of interest payment/credit mad.....
166 2014 (11) TMI 716 - ITAT CHENNAI
  Assistant Commissioner of Income-tax, Versus Brigae Corporation India (P.) Ltd.
  Computation of deduction u/s 10A/10B - Exclusion of telecommunication charges from export turnover – Expenses incurred in foreign currency – Held that:- CIT (A) rightly directed the AO to recompute the deduction u/s 10A by excluding telecommunication.....
167 2014 (11) TMI 715 - ITAT DELHI
  Hindustan Fibres Ltd. Versus DCIT (OSD) CIT-IV New Delhi
  Addition of waiver of loans – Loans granted as one time settlement by BIFR order - AO was of the view that the sum is to be treated as income u/s 28(iv) of the Act - Held that:- The company was declared a sick company which was registered under BIFR .....
168 2014 (11) TMI 714 - CESTAT MUMBAI
  COMMISSIONER OF SERVICE TAX, MUMBAI Versus SVS MARINE SERVICES PVT LTD
  Manpower Recruitment or Supply Agency's services - Penalty u/s 76 & 78 - Held that:- Period in dispute is initial period when the service tax was imposed on Manpower Recruitment or Supply Agency's Services and when the Revenue pointed out the same de.....
169 2014 (11) TMI 713 - CESTAT CHENNAI
  M/s. Gopalaswamy & Company Versus Commissioner of Central Excise, Salem
  Management, maintenance or repair service - business of retreading of old and used tyres - Held that:- there is a demand of tax on the material portion alone. It is seen from the said adjudication order that the appellants contended that they are pay.....
170 2014 (11) TMI 712 - CESTAT MUMBAI
  CENTRAL WAREHOUSING CORPORATION Versus COMMISSIONER OF SERVICE TAX, RAIGAD
  Reversal of CENVAT Credit - Non maintenance of separate accounts - benefit of Notification 1/2006-ST dated 01/03/2006 - Penalty u/s 76, 77 & 78 - Held that:- From the records it is seen that the appellant has been filing the details of the reversals .....
171 2014 (11) TMI 711 - CESTAT CHENNAI
  M/s. Karur Vysya Bank Ltd. CCE & ST, Trichy
  Waiver of pre deposit - CENVAT Credit - Banking and other Financial Services - denial of credit on the basis of e-statement of NPCI - the availment of credit on the basis of photocopy of invoices - Held that:- demand of tax was proposed in the show.....
172 2014 (11) TMI 710 - CESTAT MUMBAI
  AKSHAY ENGINEERS Versus COMMISSIONER OF CENTRAL EXCISE, NASHIK
  Waiver of pre deposit - Survey and map making services - consulting engineer's service - Held that:- The activity undertaken by the appellant, as can be seen from the work orders, is soil investigation, traffic survey and pavement design. These activ.....
173 2014 (11) TMI 709 - CESTAT BANGALORE
  M/s. Oracle India Pvt. Ltd. Versus Commissioner of Service Tax Bangalore
  Franchisee service - Whether it can be said that appellants have been granted representational right to the franchisor or not - Held that:- If prior to 16.05.2008, the service was correctly classifiable under franchise service and broader category wa.....
174 2014 (11) TMI 708 - CESTAT NEW DELHI
  M/s Hero Motocorp Limited Versus CCE, Delhi-III
  Waiver of pre-deposit - CENVAT Credit - various input services - Held that:- almost the entire amount (save paltry sums), of impugned credit is prima-facie admissible as per the various judicial pronouncement in favour of the appellants. We are there.....
175 2014 (11) TMI 707 - CESTAT CHENNAI
  CCE, Chennai - III Versus M/s. Eurotherm Del India Ltd
  MODVAT Credit - Whether penalty is imposable under Rule 57 (I) (4) of CER for the period 23.07.1996 to 28.09.1996 - Held that:- Respondents have not reversed the Modvat credit availed on the goods ie., controllers, drivers etc., cleared to their cust.....
176 2014 (11) TMI 706 - CESTAT AHMEDABAD
  M/s. Jai Corp. Limited Versus Commissioner of Central Excise & ST., Vapi
  CENVAT Credit on inputs procured from 100% EOU - Quantum of Additional Customs Duty included duty of excise and Educational Cess - what will be the admissible credit on inputs which are received by the appellant from 100% EOU s under Notification 23/.....
177 2014 (11) TMI 705 - CESTAT NEW DELHI
  M/s. Birla Corporation Ltd. Versus CCE & ST, Jaipur-II
  Waiver of pre deposit - recovery of refund claim - refund claim was sanctioned earlier - Bar of unjust enrichment - whether the refund claim is hit by bar of unjust enrichment - assessee were able to recover the full cost of production including exc.....
178 2014 (11) TMI 704 - MADRAS HIGH COURT
  COMMISSIONER OF CENTRAL EXCISE, CHENNAI-IV Versus FENNER INDIA LTD.
  Reversal of CENVAT Credit - Whether on facts and in the circumstances of the case, the Hon’ble CESTAT, is justified in law in permitting the first respondent M/s. Fenner India Ltd., to avail the Cenvat credit of duty paid on inputs as work- in-progre.....
179 2014 (11) TMI 703 - BOMBAY HIGH COURT
  SHREE SATPUDA TAPI PARISAR SAHKARI SAKHAR KARKHANA LTD. Versus UOI
  Captive consumption - excise duty upon molasses - Suppression of value of goods - Demand of differential duty - Held that:- all other show cause notices issued to the petitioner on the same ground from the year 1994 to 1997 have been withdrawn except.....
180 2014 (11) TMI 702 - GUJARAT HIGH COURT
  SHREE RANGANATHA EXPORTS Versus UNION OF INDIA
  Denial of refund claim - Submission of photocopy of relevant documents - refund claim was with respect to Cenvat Credit in respect of input used in the manufacture of final product and in regard to which, a show cause notice for recovery of wrongly a.....
181 2014 (11) TMI 701 - GUJARAT HIGH COURT
  ANIL PRODUCTS LTD. Versus COMMISSIONER OF C. EX., AHMEDABAD-II
  Maintainability of Appeal before High Court - Issue involved is of classification of goods - tribunal has remanded back the order - Section 35L - Whether present appeal fall within the exclusion clause contained in sub-section (1) of Section 35G - He.....
182 2014 (11) TMI 700 - GUJARAT HIGH COURT
  JAGDISH ENTERPRISE PVT. LTD. Versus UNION OF INDIA
  Denial of Excise registration - Initiation of proceedings for recovery of Central Excise dues from erstwhile owner - Held that:- As the Central Excise dues of the erstwhile owner of the year 1996 and 2000, respectively have been sought to be recovere.....
183 2014 (11) TMI 699 - CESTAT AHMEDABAD
  M/s. Link Enterprise Versus Commissioner of Customs Kandla
  Application for extension of stay already granted - Power of Tribunal to extend stay granted earlier beyond the total period of 365 days - Held that:- After granting stay to the appellant on 20.03.2012 whenever the case was called for hearing the sam.....
184 2014 (11) TMI 698 - CESTAT MUMBAI
  RASHTRIYA CHEMICALS & FERTILIZERS LTD Versus COMMISSIONER OF CUSTOMS (IMPORT), NHAVA SHEVA AND COMMISSIONER OF CUSTOMS (IMPORT), NHAVA SHEVA Versus RASHTRIYA CHEMICALS & FERTILIZERS LTD
  Denial of refund claim - Benefit of exemption under notification No. 16/2000-Cus (Serial No. 182) - exemption denied on the ground that the catalyst imported by the assessee is a chemical used in the process of manufacture of fertilizers and cannot b.....
185 2014 (11) TMI 697 - CESTAT AHMEDABAD
  Shri Rupin Kishor Parikh Versus Commissioner of Customs, Ahmedabad
  Application for extension of stay already granted - Power of Tribunal to extend stay granted earlier beyond the total period of 365 days - Held that:- After granting stay to the appellant on 20.03.2012 whenever the case was called for hearing the sam.....
186 2014 (11) TMI 696 - CESTAT BANGALORE
  M/s Laxai Avanti Life Sciences Pvt. Ltd. Versus Commissioner of Customs, Central Excise and Service Tax HYDERABAD-IV
  Waiver of pre deposit - Export of services or not - Technical Testing and Analysis Services - Proof of export - submissions made by learned counsel that they did not file Shipping Bills while sending samples is relevant and therefore, they could not.....
187 2014 (11) TMI 695 - CESTAT CHENNAI
  Eltece Associates Versus Commissioner of Customs (Port-Import) Chennai
  Suspension of license of the CHA - Regulation 20 (2) of CHALR 2004 - Non issuance of SCN - Held that:- offence report was filed on 18.10.2012. After the receipt of the offence report, the only course to be adopted by the first respondent is to issue .....
188 2014 (11) TMI 694 - MADRAS HIGH COURT
  Commissioner of Income Tax Versus M/s. Printwave Services P. Ltd.
  Deemed dividend u/s 2(22)(e) – Applicability of circular No.495 dated 22.9.1987 – Assessee not the shareholder - Held that:- CIT(A) rightly noted that the assessee company itself is not a shareholder in the company Front Line Printers - Accordingly, .....
189 2014 (11) TMI 693 - BOMBAY HIGH COURT
  Commissioner of Income Tax-1 Versus M/s. Bhor Industries Ltd.
  Applicability of provisions of section 41(1) – Held that:- Even if the AO and the Commissioner recorded a conclusion that the waiver of term loan was not trading liability, yet, there are other provisions under which the benefit or income arising out.....
190 2014 (11) TMI 692 - ITAT AHMEDABAD
  M/s. M. Kantilal & Co. Ltd. Versus DCIT, Central Circle-2, Surat
  Validity of block assessment u/s 158BC – Order beyond period of limitation or not – Notice u/s 143(2) not provided to assessee - Held that:- There were a series of such correspondences through which the Revenue Department has fairly accepted the fact.....
191 2014 (11) TMI 691 - ITAT DELHI
  ACIT, Central Circle-09, New Delhi Versus Anil Khandelwal
  Assessment u/S 153A pursuant to search and seizure u/s 132 - Presumption u/s 292C - Deletion of peak amount of unexplained cash – Held that:- The contentions of the revenue has no merit - The specific questions put to Sh. S.K. Gupta during the cross-.....
192 2014 (11) TMI 690 - ITAT HYDERABAD
  M/s. Flagstone Underwriting Support Services India P. Ltd. Versus The DCIT, Circle 1(3), Hyderabad
  Transfer pricing adjustment - Back office support services in the field of investment and insurance management to AE - Exclusion of comparables – Held that:- Following the decision in Capital IQ Information Systems (India) (P.) Ltd. Versus Deputy Com.....
193 2014 (11) TMI 689 - ITAT PUNE
  Shri Naresh T. Wadhwani, Shri Naresh Thakurdas Wadhwani Versus Dy. Commissioner of Income Tax
  Disallowance of claim of deduction u/s 80IB(10) – Built-up area exceeding 1500 sq. ft. – inclusion of the open terrace into the working of the built-up area - Allowability of Pro-rata deduction u/s 080IB(10) – Whether the area of projected terrace is.....
194 2014 (11) TMI 688 - ITAT MUMBAI
  ACIT – 1(1), Mumbai Versus M/s. Clariant Chemicals (I) Ltd.
  Disallowance u/s 14A r.w Rule 8D – 0.5% of average investments – interest expenses – Held that:- The issue of disallowance u/s 14-A has come up for consideration, the matter has been restored back to the file of the AO for fresh adjudication to work .....
195 2014 (11) TMI 687 - ITAT LUCKNOW
  The ACIT Central Circle III, Lucknow Versus Shri. Avdhesh Kumar
  Various grounds raised by revenue as well as assessee long back - No efforts made to dispose appeal - Held that:- The appeals were filed in 2005 and thereafter no effort was made by the assessee as well as the Revenue to get the appeals disposed of -.....
196 2014 (11) TMI 686 - ITAT MUMBAI
  Delmas France, C/o. CMA CGM Agencies (India) Pvt. Ltd. The Asstt. Director of Income Tax, (International Taxation)
  Existence of a Permanent Establishment – Article 7 of the DTAA with France - Held that:- The assessee is a non resident company - Return of income for the year was filed on 30.10.2001 - The assessee claimed exemption under Article 9 of the Double Tax.....
197 2014 (11) TMI 685 - ITAT MUMBAI
  Agility Logistics Private Limited Versus DCIT- 8(1), , Mumbai
  Determination of ALP - International transaction of Freight receipts and expenses – Held that:- Following the decision in Agility Logistics (P.) Ltd. Versus Deputy Commissioner of Income-tax-8(1), Mumbai [2012 (8) TMI 191 - ITAT MUMBAI] - assessee wa.....
198 2014 (11) TMI 684 - ITAT MUMBAI
  The Dy. Commissioner of Income Tax Versus M/s. Sameera Electronics Pvt. Ltd.
  Assessability of rental income - “Income from House Property” or “Income from business” – Held that:- The shares of the assessee company was acquired by M/s Seto Teknolog P Ltd on 5th September, 2006, due to which the assessee company became its Subs.....
199 2014 (11) TMI 683 - ITAT BANGALORE
  Dy. Commissioner of Income Tax Versus M/s. Sree Seetharama Mandiram Souharda Sahakari Ltd.
  Grant of deduction u/s 80P(2)(a)(i) – Income earned from various loans – Nature of assessee – cooperative bank or not - Whether the assessee is a cooperative bank which will disentitle from claiming deduction u/s 80P(2)(a)(i) or it is a cooperative c.....
200 2014 (11) TMI 682 - ITAT MUMBAI
  M/s. Netscribes (India) Pvt. Ltd. Versus Income Tax Officer
  Unexplained expenses u/s 69C – Capital expenses made on renovation/refurbishment to leasehold premises or not - Held that:- The order of the AO as well as of the CIT(A) is self contradictory - Under section 69C of the Act, the addition can be made in.....
201 2014 (11) TMI 681 - ITAT HYDERABAD
  Dy. Commissioner of Income-tax Versus Neuland Laboratories Ltd.
  Reopening of assessment u/s 147 r.w 148 - Expenses claimed under the head prior paid expenses relates to current AY or not - Held that:- The assessee has claimed a deduction in the Profit & Loss A/c for the year ended on 31.03.2006 under the head 'Pr.....
202 2014 (11) TMI 680 - ITAT MUMBAI
  DCIT-24(3), Mumbai Versus M/s. Shree Shreemal Builders
  Surplus amount on sale of property under Income from capital gains – Business income or not u/s 54EC – Rental income realized from the asset has been offered to tax under the head “business income’ in earlier years and various expenses claimed agains.....
203 2014 (11) TMI 679 - ITAT DELHI
  ACIT, Circle 10(1), New Delhi Versus M/s. Delhi Metro Rail Corp. Ltd.
  Depreciation on asset disallowed – Delhi Metro Project - Ownership of the assessee - Asset owned by NBCC or assessee company – Held that:- CIT(A) rightly was of the view that assessee has purchased office space in the building from NBCC and some port.....
204 2014 (11) TMI 678 - ITAT AHMEDABAD
  ACIT, Circle-8, Ahmedabad Versus Transwind Infrastructure Pvt. Ltd.
  Admission of additional evidence - Held that:- Disallowance of labour expenditure claimed to have been paid to M/s. Gurukrupa Bricks and Rajshree Construction respectively was disallowed as the assessee failed to furnish the bills of the parties - th.....
205 2014 (11) TMI 677 - ITAT LUCKNOW
  Uttar Pradesh Financial Corporation Versas Dy. CIT., Range-VI, Kanpur
  Claim of deduction u/s 36(a)(viia) - Provision for Bad & doubtful Debts - Held that:- There is debit on account of bad debts written of and there is no other debit on account of provision for bad debt - The computation of income (original), there is .....
206 2014 (11) TMI 676 - ITAT AHMEDABAD
  The Dy. Commissioner of Income Tax Versus M/s. Himalaya Cotton Yarn Pvt. Ltd.
  Unexplained cash credits u/s 68 – Held that:- The assessee has submitted that the amount was received from the workers was initially placed with YICS and later on the money of the workers that was received by YICS was transferred to the assessee and .....
207 2014 (11) TMI 675 - ITAT HYDERABAD
  Pact Securities & Financial Services Ltd. Versus Asst. Commissioner of income tax
  Bed debts disallowed – Facts not properly appreciated by CIT(A) - Held that:- Assessee is a NBFC registered with the RBI - so far as the nature of business of the assessee is concerned there cannot be any doubt that money lending is one of its busine.....
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