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AO cannot re-open assessment merely for non filing of ITR unless the total income is exceeding maximum amount which is not chargeable to tax    *    Applicability Of Service tax on Liquidated Damages    *    Goods and GST Bill passed    *    WITH GST CONSTITUTIONAL AMENDMENTS, WHAT NEXT ?    *    determination of assessable value for job work transaction    *    CENVAT CREDIT    *    Excise Cenvat credit on Electricity Power bill    *    Employees sent on deputation to subsidiary/ associate companies (Service Tax)    *    GLOW SIGN AND HOARDING    *    Service tax exemption for transportation of life saving medicines    *    Regarding cenvat credit on service tax on rent a cab    *    Potato Chips as Namkeen    *    Central Excise Exemption of ₹ 150 Lakhs    *    Cenvat credit on water treatment plant    *    Cenvat Credit - refund - export of services - The registration is not the sole criteria for granting refund, so long the other conditions are satisfied, refund shall be granted - Tri    *    CENVAT credit – demo cars – capital goods – input – nothing is demonstrated today that a demo car falls in any of the Chapters dealing with capital goods - credit cannot be allowed - Tri    *    Period of limitation - in case duty was required to be paid on the strips, the appellant was entitled to avail credit of duty paid on the granules, which would have neutralized the entire demand on the strips - in this Revenue neutrally background, there could be no malafide on the part of the appellant to evade duty - Tri    *    Validity of statutory provisions - Imposition of penalty on company and directors - he legislature while in view of such situation has granted discretion to the executive, at the same time, provided for sufficient guidelines and safeguards so that such discretion does not convert into arbitrary or discretionary exercise of powers - HC    *    Strengthening Our Debt Markets (Dr. Raghuram G. Rajan, Governor - August 26, 2016 - at Annual Day Address to Foreign Exchange Dealers Association of India, Mumbai)    *    Violation of Clause 49 of the Listing Agreement - whole Time Director chaired the Audit Committee Meeting - levy of penalty of ₹ 5 lac cannot be said to unreasonable or excessive - SAT    *    Tribunal was right in confirming the set-off of MAT Credit under Section 115JAA brought forward from earlier years against tax on total income including surcharge and education cess instead of adjusting the same from tax on total income before charging such surcharge and education cess - HC

Service Tax: Cenvat Credit - refund - export of services - The registration is not the sole criteria for granting refund, so long the other conditions are satisfied, refund shall be granted - Tri

Service Tax: CENVAT credit – demo cars – capital goods – input – nothing is demonstrated today that a demo car falls in any of the Chapters dealing with capital goods - credit cannot be allowed - Tri

Central Excise: Period of limitation - in case duty was required to be paid on the strips, the appellant was entitled to avail credit of duty paid on the granules, which would have neutralized the entire demand on the strips - in this Revenue neutrally background, there could be no malafide on the part of the appellant to evade duty - Tri

Customs: Validity of statutory provisions - Imposition of penalty on company and directors - he legislature while in view of such situation has granted discretion to the executive, at the same time, provided for sufficient guidelines and safeguards so that such discretion does not convert into arbitrary or discretionary exercise of powers - HC

Companies Law: Violation of Clause 49 of the Listing Agreement - whole Time Director chaired the Audit Committee Meeting - levy of penalty of ₹ 5 lac cannot be said to unreasonable or excessive - SAT

Income Tax: Tribunal was right in confirming the set-off of MAT Credit under Section 115JAA brought forward from earlier years against tax on total income including surcharge and education cess instead of adjusting the same from tax on total income before charging such surcharge and education cess - HC

Income Tax: Waiver or reduction of interest - Application u/s 220(2A) - It has also to be verified whether the default in payment of the amount was due to the circumstances beyond the control of the assessee and the assessee has cooperated with the enquiry. - CIT to reconsider the matter - HC

Income Tax: TDS liability - period of limitation - It is true that the Court cannot legislate the Act, however, the Assessing Officer also cannot be given unfettered powers, which he can exercise even beyond the reasonable period of four years. - HC

Income Tax: Mere non filing of return of income does not give jurisdiction to the Assessing Officer to re-open the assessment unless the person concerned has total income which is assessable under the Act exceeding maximum amount which is not chargeable to Income Tax. - HC

Income Tax: Depreciation (while claiming deduction u/s.80IA) is optional to the assessee and that once the assessee chooses not to claim it, the AO cannot allow while computing the income. - HC

Income Tax: TCS - scrap generated from the mechanical working of the material (breaking of the ship) - The assessee is duty bound to collect the TCS from the buyers in terms of Section 206C of the Act.- Tri

Income Tax: Taxability of capital gains - even though the assessee is shown as the co-owner of the said property, the source of funds for investment in purchase of the said property is by the assessee’s husband - taxable in the hands of husband not the assessee - Tri

Service Tax: Just because the Nepalese suppliers had billed the appellants separately for transportation from Nepal border to factory premises alongwith other expenses, they do not become the agents of the appellants - tappellants cannot be treated as recipients of GTA services in terms of Notification No. 35/04-S.T. – appellant not liable to pay service tax - Tri

Central Excise: Method of valuation - the food processor basic unit along with the accessories are to be assessed together as electric mechanical domestic appliance with self contained electric motor and are chargeable to duty on MRP basis. - Tri

Central Excise: Invokation of extended period of limitation - willful misstatement/ suppression of facts - something more must be shown to construe the acts of the appellant as fit for the applicability of the proviso. - Tri

Central Excise: To take a view that the benefit of exemption can be extended only to those pipes which physically carry water and deny it to those which are used as Casing Pipes (which are also needed for delivery of water) would defeat very purpose of the Exemption Notification meant for giving the benefit to water treatment plants - Tri

Central Excise: Refund claim - period of limitation - In fact there is no time limit prescribed for issue of show-cause notice under Section 11B and thus it is open to Revenue to point out the short comings in the refund claim - Tri

Customs: Validity of delivery of order by speed post – authorized mode of service – Whether the service of a copy of the order by Speed Post, would constitute valid service under Section 153(a) of the Customs Act, 1962, or not? - Held Yes - HC

Customs: Housing' made of plastic is not eligible for exemption available to the 'connector's. However many of such small consignments have been cleared under claim for exemption. - levy of penalty confirmed, though reduced - Tri

VAT and Sales Tax: Retrospective amendment - curtailment of the sales tax incentives by way of deferral – constitutional validity - impact on completed assessment - The amended provisions cannot be invoked and applied in the present factual controversy. - HC

More Highlights

CE - Seeks to further amend notification No.12/2012-Central Excise dated 17.03.2012 so as to levy Basic Excise Duty at a concessional rate of 2% on Aviation Turbine Fuel drawn by operators or cargo operators from the Regional Connectivity Scheme (RCS) airports for a period of 3 years- No. - 32/2016 Dated: 26-8-2016

Cus (NT) - Exchange Rate Notification with effect from 27th Aug., 2016 thereby amending Notfn. 112/2016-Cus (NT)- No. - 117/2016 Dated: 26-8-2016

Cus (NT) - Regarding appointment of CAA by M/s Nagarjuna Oil Corporation Ltd, Chennai- No. - 116/2016 Dated: 26-8-2016

Cus (NT) - Handling of Cargo in Customs Areas (Amendment) Regulations, 2016- No. - 115/2016 Dated: 26-8-2016

Cus (NT) - Amendment in Notification No.78/2014-Customs (N.T.) dated the 16th September, 2014- No. - 114/2016 Dated: 26-8-2016

DVAT - Regarding Filing of returns through digital signature- No. - F.3(643)/Policy/VAT/2016/658-68 Dated: 24-8-2016

CE - Amends Notification No.22/2003-Central Excise dated 31.3.2003- No. - 31/2016 Dated: 24-8-2016

Cus - Seeks to further amend Notification No. 96/2008-Customs dated 13.08.2008 so as to include 'Republic of Guinea-Bissau' in the list of countries eligible for preferential tariff under the said notification- No. - 46/2016 Dated: 23-8-2016

Cus (NT) - Central Board of Excise and Customs rescinds the notification of the Government of India in the Ministry of Finance, Department of Revenue (Central Board of Excise and Customs) number 81/2011-Customs (N.T.) dated the 25th November, 2011- No. - 113/2016 Dated: 22-8-2016

Cus (NT) - Appointment of Common Adjudicating Authority by DGRI- No. - 1/2016 Customs (N.T./CAA/DRI) Dated: 22-8-2016

More Notifications

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2016 (8) TMI 967 - CALCUTTA HIGH COURT

M/s. SREI INFRASTRUCTURE FINANCE LTD. Versus DY. COMMISSIONER OF INCOME TAX, CIRCLE -11 (2) , KOLKATA

Income Tax: Set-off of MAT Credit under Section 115JAA brought forward from earlier years against tax on total income including surcharge and education cess instead of adjusting the same from tax on total income before charging such surcharge and education cess - Held that:- In determining the liability of the assessee the first step has to be determination of tax payable. The Income Tax Act contemplates self-assessment by the assessee and quarterly payment of tax in advance and the rest.. ....

2016 (8) TMI 966 - KERALA HIGH COURT

V.M. MATHAI Versus PRINCIPAL COMMISSIONER OF INCOME TAX, KOCHI AND TAX RECOVERY OFFICER, KOCHI

Income Tax: Waiver or reduction of interest - Application under Section 220(2A) rejected - non fulfillment of all the conditions laid down in Section 220 (2A) - Held that:- When the statutory authority has been given the discretion to consider whether any of the conditions specified under Section 220 (2A) has been complied with, it is for the said authority to take into consideration all the necessary materials which had been placed before it in the form of a representation as well as do.. ....

2016 (8) TMI 965 - CALCUTTA HIGH COURT

Principal Commissioner of Income Tax-I, Kolkata Versus M/s. Rajami Barter Private Limited

Income Tax: Allowance of non-business expenditure - Whether Learned Tribunal was justified in law to allow the non-business expenditure claimed to have been given to a third party on oral understanding only? - Held that:- The question suggested by the revenue has been indicated above. From the question it appears that the payment was made to a stranger, whereas from the findings recorded both by the CIT(A) and the learned Tribunal it appears that the payment was made to a del credere ag.. ....

2016 (8) TMI 964 - GUJARAT HIGH COURT

Commissioner of Income Tax (TDS) Versus Anagram Wellington Assets Management Co Ltd.

Income Tax: TDS liability - limitation as prescribed as in Section 201 - Held that:- It is true that it is the duty of the assessee to deduct TDS and the question is whether it is likely to cause any loss to the revenue if it is not deducted in time. If TDS is not deducted, it is required to be paid in the first installment of advance tax, which is required to be paid within four months from the date of filing of return. Therefore, even if the contention of Mr.Bhatt is accepted, loss tha.. ....

2016 (8) TMI 963 - BOMBAY HIGH COURT

The Commissioner of Income Tax-2 Versus State Bank of India

Income Tax: Allowance of Broken Period Expenses - Held that:- It is an agreed position between parties that the decision of this Court in American Express International Banking Corporation vs. C.I.T. [2002 (9) TMI 96 - BOMBAY High Court ]covers the issue raised herein. Tribunal was right in law in allowing the Broken Period Expenses. Expenditure incurred for payment to Educational Institutions for reservation of seats to its officers - whether an allowable expenditure u/s. 37(1) - He.. ....

2016 (8) TMI 962 - DELHI HIGH COURT

Principal Commissioner of Income Tax-07 Versus M/s Omni Info World Pvt. Ltd.

Income Tax: Addition on account of unexplained cash - Held that:- As asserted by the learned counsel for the Revenue that the Department has disputed the books of accounts of the Assessee, the passage from the impugned order of the ITAT states to the contrary. There is not a single line in the memorandum of appeal before this Court to that effect. Learned counsel for the Revenue referred to the decision in Anantharam Veerasinghaiah & Co. v. Commissioner of Income Tax, AP (1980 (4) TMI 2 .. ....

2016 (8) TMI 961 - KARNATAKA HIGH COURT

The Commissioner Of Income-Tax, Davangere Versus M/s. Maganur Builders

Income Tax: Penalty levied under section 271(1)(c) - defective notice - Held that:- We find that the issue of validity of the notice wherein the AO has not struck off the irrelevant portion of the notice u/s 274 because of which the reason for levy of penalty is not evident, is covered by the judgment of the jurisdictional High Court in the case of M/s. Manjunatha Cotton and Ginning Factory [2013 (7) TMI 620 - KARNATAKA HIGH COURT ] wherein held that the Assessing Officer proposes to inv.. ....

2016 (8) TMI 960 - GUJARAT HIGH COURT

COMMISSIONER OF INCOME TAX-IV Versus SUPER CONSTRUCTION CO

Income Tax: Assessment for the block period - ITAT held that the assessment for the block period was barred by limitation on the ground that initial notice, wrongly issued under Section 158BC was a valid notice - Held that:- In the present case, the first Notice u/s.158BC of the Act was issued to the assessee on 17.10.1996, which was served upon the assessee on 04.11.1996. Therefore, assessment could have been framed latest by 30.11.1997. However, on 29.08.1997, the Assessing Officer wit.. ....

2016 (8) TMI 959 - BOMBAY HIGH COURT

General Electoral Trust Versus Income Tax Officer 20 (1) (2) , Mumbai & Others

Income Tax: Reopening of assessment - reasons to believe - Held that:- Mere non filing of return of income does not give jurisdiction to the Assessing Officer to re-open the assessment unless the person concerned has total income which is assessable under the Act exceeding maximum amount which is not chargeable to Income Tax. This is provided in Explanation 2 to Section 147 of the Act. This is for the reason that in terms of Section 139(1) of the Act the obligation to file a return of in.. ....

2016 (8) TMI 958 - DELHI HIGH COURT

Pr. Commissioner of Income Tax-09 Versus W.G. Share Broking Pvt. Ltd.

Income Tax: Transaction of shares - business income or capital gain - Held that:- Both the CIT (A) and the ITAT have concurrently concluded on facts that the Assessee has in its books of account been treating separately the shares held as investment and those held as stock-in-trade. The ITAT noted that merely because the Assessee was engaged in trading of stocks, derivatives and features, it did not mean that the Assessee was "precluded from maintaining investment portfolio."The ITAT ref.. ....


More Income Tax Cases


2016 (8) TMI 351 - GUJARAT HIGH COURT

COMMISSIONER OF WEALTH TAX Versus DIGVIJAY CEMENT CO. LTD

Wealth tax: Urban land - ITAT held that "urban land" as defined in clause (b) of Explanation 1 to Sec.2(ea) of the Wealth Tax Act does not include any right or interest that a person may be having in the urban land otherwise than by way of actual ownership - Held that:- This Court is in complete agreement with the findings recorded by the Tribunal which is just and proper and therefore we accordingly answer the question raised in this appeal in favour of the assessee and against the Depa.. ....

2016 (8) TMI 232 - GUJARAT HIGH COURT

THE COMMISSIONER OF WEALTH TAX Versus NARAYAN T. BADDI

Wealth tax: Nature of asset - ITAT held that the properties at Worli, Mumbai owned by the assessee was outside the purview of the `asset' because this property was commercial property, ignoring the fact that sub-clauses (4) and (5) of clause (i) of Section 2(ea) were brought on the statute only with effect from 01.04.1999 through the Finance (No.2) Act, 1999 - Held that:- Since the subject property did not fall within any of the three excluded categories enumerated under clause (i) of Se.. ....

2016 (8) TMI 131 - GUJARAT HIGH COURT

COMMISSIONER OF INCOME TAX-I Versus BARODA PACKAGING PRIVATE LIMITED

Wealth tax: Asset within the meaning of Section 2-E(a) of the Wealth Tax Act - interpreting the phrase “Commercial Establishment” or “Complexes” - Held that:- considering the decision of this Court in the case of Vasumatiben Chhaganlal Virani (2013 (9) TMI 957 - GUJARAT HIGH COURT ), the question, which is raised in the present appeals is required to be the assessee. We are not giving any elaborate reasons for the same as in the case of Vasumatiben Chhaganlal Virani (Supra) it is held .. ....

2016 (7) TMI 900 - MADRAS HIGH COURT

The Commissioner of Income Tax Versus M.S Ideal Garden Complex Pvt. Ltd.

Wealth tax: Applicability of Circular No. 1979 dated 27.03.2000 - excess liability allowed by mistake and rectified under Section 35 of the Wealth Tax Act - Tribunal ordered as no exceptional circumstances as provided in the above said circular was pointed out by the learned D.R. for filing this appeal before this Tribunal - Held that:- Though in the instant appeal, Revenue has assailed the correctness of the order of the Tribunal, inter alia on the grounds that the Tribunal has missed t.. ....


More Wealth tax Cases


2016 (8) TMI 991 - DELHI HIGH COURT

Rakesh Brothers Versus The Assistant Commissioner of Service Tax

Service Tax: Recovery proceedings u/s 87 of the Finance Act, 1994 - Demand of tax with interest and penalty – stay of further coercive measures on payment of demanded amount – Held that: - there will be no further coercive measures against the petitioner under Section 87 of the Finance Act, 1994, till such time the adjudication pursuant to a show cause notice issued to petitioner, it shall not be greater than six weeks – petition dismissed – decided in favor of petitioner.

2016 (8) TMI 990 - CESTAT MUMBAI

C Bay Remote Services Private Limited Versus Commissioner of Service Tax, II

Service Tax: Cenvat credit - Rejection of refund claim – export of services - rule 5 – CENVAT credit – CCR availed before Service Tax Registration – Held that: - the issue is no more res-integra and is already decided in the number of cases mPortal India Wireless Solutions P. Ltd Vs. CST Bangalore 2011 (9) TMI 450 - KARNATAKA HIGH COURT. The registration is not the sole criteria for granting refund, so long the other conditions are satisfied, refund shall be granted – refund allowed. .. ....

2016 (8) TMI 989 - CESTAT MUMBAI

Jet Airways (I) Ltd. Versus Commissioner of Service Tax Mumbai

Service Tax: Demand of tax, interest and penalty – airlines business - classification - online information and database access or retrieval service – service received from foreign based service provider - computer reservation system – reverse charge mechanism – Section 66A of the Finance Act, 1994 – definition of service - Section 65 (75) of the finance act, 1994 – definition of taxable services - 65 (105)(zh) of the Finance Act, 1994 – Held that: - the activities of CRS Companies would .. ....

2016 (8) TMI 988 - CESTAT NEW DELHI

M/s KLM Royal Dutch Airlines Versus CST, Delhi

Service Tax: Valuation – embarkation passenger in International Traffic - fuel surcharge – administrative expenses – passenger service fee – airport tax – Held that: - The issue is already decided in number of identically situated appellant. The case referred is Lufthansa German Airlines vs. CST (Adjn), 2016 (6) TMI 581 - CESTAT NEW DELHI where after considering all the precedent decisions on the point, the orders of the lower authorities were set-aside. The amounts not required to be added – appeal allowed – decided in favor of appellant.

2016 (8) TMI 987 - CESTAT CHENNAI

M/s. A.R.A.S. Motors Pvt. Ltd. Versus CCE, Madurai

Service Tax: CENVAT credit – demo cars – capital goods – input – Held that: - nothing is demonstrated today that a demo car falls in any of the Chapters dealing with capital goods. Therefore, the claim of capital goods fails. Further, plea of input is inconceivable for the reason that this does not aid in providing output service – demo cars neither capital goods nor input – CENVAT credit not available. Construction service – output service – Held that: - Appellant has provided service.. ....

2016 (8) TMI 949 - CESTAT NEW DELHI

M/s. Dewsoft Overseas Pvt. Ltd. Versus Commissioner of Service Tax New Delhi

Service Tax: Rectification of mistake – penalty – demand barred by limitation - classification - online educational services – commercial training or coaching services - online information and data base access or retrieval services – malafide intention – Held that: - when the Revenue itself was not clear about the classification of the appellants activity and in fact proposed the classification, in the show cause notice under the category of "online information and data base access or ret.. ....

2016 (8) TMI 948 - CESTAT NEW DELHI

Bhatia Transport Service Versus Commissioner of Central Excise, Indore

Service Tax: Demand of tax, interest and penalty - classification – GTA service – cargo handling service – clearing and forwarding agent services – reverse charge mechanism – Held that: - mere movement or transportation of the goods from one place to another, under the direction of principal cannot be held to be 'clearing and forwarding service'. This was established in the case Videocon TV Manufacturer P. Ltd. vs. CCE, NOIDA 2013 (7) TMI 349 - CESTAT NEW DELHI. Thus, appellant not liable to pay – appeal allowed – decided in favor of appellant.

2016 (8) TMI 947 - CESTAT NEW DELHI

M/s. Shree Agencies Pvt. Ltd. and M/s. Minpro Industries Versus C.C.E. Jaipur-I

Service Tax: Refund claim – 100% EOU - the notification number 41/2007-ST – terminal handling charges – bill of lading charges – inland haulage services – transportation of empty containers from the port area to the factory – Held that: - All these services have been the subject matter of the one or the other decisions of the Tribunal and stands covered by the said decisions by holding that they are all port services and as such being specified services are covered by the notification in .. ....

2016 (8) TMI 946 - CESTAT NEW DELHI

M/s. Chairman Silk Mills Pvt. Ltd. Versus C.C.E. Jaipur-II

Service Tax: Demand of tax and penalty – reverse charge mechanism – manufacture of grey fabrics – import of yarn from Nepal – separate invoice raised for expenses like transportation, clearance expenses etc – is appellant receiving GTA services from exporter? - Notification No. 35/04-S.T - Held that: - the contract of appellant with the Nepalese suppliers is for supply of yarn and not for providing any particular service. Transport of goods is an activity incidental to the supply of good.. ....

2016 (8) TMI 945 - CESTAT NEW DELHI

Bhilwara Scribe (P) Ltd. Versus Commissioner of Customs, Excise & Service Tax, Bhopal

Service Tax: Rejection of rebate claims – delay in filing declaration to claim rebate – business auxiliary service - Rule 5 of Export of Service Rules, 2005 - notification No. 12/05-ST dated 11.4.05 – Held that: - mere late filing of declaration where the Government can verify it subsequently, cannot be a ground adopted for denial of the substantive benefit, if otherwise available to the assessee. Here, refund was rejected on preliminary ground itself, the documents were not examined and .. ....


More Service Tax Cases


2016 (8) TMI 986 - MADRAS HIGH COURT

Thirumalai Vasan Sago & Starch Products Versus The Commissioner of Customs And Others

Central Excise: Recovery of central excise duty – clearance of sabudana – Exemption Notification No.12/2013-CE dated 01.03.2013 - section 11C of the Central Excise Act, 1944 – Held that: - the Government of India by an order dated 15.03.2016, has rejected the petitioner's request for grant of exemption - prayer sought for in the Writ Petitions become infructuous. Issues raised on grounds of merits – issues raised on grounds of limitation – Held that: - these issues may be left open to be .. ....

2016 (8) TMI 985 - CESTAT NEW DELHI

CC & CE, Indore Versus M/s Vikram Cement

Central Excise: Cenvat credit - testing, Handling & Commission, Telephone, Machine maintenance, Insurance relating to depot, Courier, Mobile van, Tax, Hotel rent, Air Travel, Catering, Banking (distributed by ISD) Services used at the depot/C&F agent premises and in relation to the manufacturing activity of the appellant - Held that:- credit has been taken as distributed by the ISD and pertains to various activities intimately connected with the manufacture and sale of cement through depots,.. ....

2016 (8) TMI 984 - CESTAT NEW DELHI

M/s Pack Plast Industries Versus CCE, Jaipur-I

Central Excise: SSI exemption Notification No. 8/2003-CE dated 01.03.2003 - eligibility for benefit - appellant failed to reverse the amount as required under Rule 11(2) - Held that:- the condition precedent of the Notification No. 8/2003-CE dated 01.03.2003 read with transitional provision under the Cenvat Credit Rules, 2004 for opting for the notification at the beginning of the financial year, is that the cenvat credit attributable to the inputs, WIP as well as finished products as on 31s.. ....

2016 (8) TMI 983 - CESTAT ALLAHABAD

Premier Packaging Pvt. Ltd. Versus Commissioner of Central Excise, Ghaziabad

Central Excise: Invokation of extended period of limitation - Demand - Job-work - goods were manufactured out of raw materials supplied by M/s S.B.C.H. and have only received job work charges and on manufacture, corrugated boxes were sent to M/s S.B.C.H. without payment of duty - non-fulfillment of conditions laid down in the Notification No. 214/86 dated 25.03.1986 - Held that:- if the provision for invocation of extended period is to be applied in a particular case separately one of the fi.. ....

2016 (8) TMI 982 - CESTAT CHENNAI

M/s. Sodecia India Pvt. Ltd. Versus CCE, Chennai-II

Central Excise: Cenvat credit - Cargo Service and Courier service for despatch of finished goods - Held that:- during the hearing, the appellant placed reliance on the judgement of this Tribunal in the case of CCE Vs. Lucas TVS and others reported in [2016 (4) TMI 189 - CESTAT CHENNAI], in which many matters have been remanded to the original authority. This judgment being no different from the issue decided by this Tribunal, this matter is also remanded to the original authority to re-exami.. ....

2016 (8) TMI 981 - CESTAT AHMEDABAD

M/s. Bhilosa Text N Twist Pvt. Limited Versus Commissioner of Central Excise & S.T., Vapi

Central Excise: Recovery of interest - non payment/delayed payment of duty - Section 11AB of the Central Excise Act, 1944 - reversed cenvat credit voluntarily on POY lying which were received with out reversal of credit - irregular availment of CENVAT credit and non payment of duty - Held that:- the ld. Commissioner has categorically recorded that all these payments/ reversal of credit by unit 1, Unit 2 and Unit 3 of the Appellant were made after admitting to the contravention of Rule 3(5) o.. ....

2016 (8) TMI 980 - CESTAT AHMEDABAD

M/s Dupen Laboratories Pvt Ltd. Versus Commissioner of Central Excise, CUSTOMS (A) -DAMAN

Central Excise: Recovery of duty short paid - Job-work - expenditure incurred on behalf of loan licensor towards inspection fees, approval of additional products at FDA etc. - debit notes raised on loan licensor against these expenditures - being loan licensee, discharged excise duty on selling price declared by their loan licensor - Held that:- even though the appellant had argued that once duty is discharged on the basis of selling price declared by the principal manufacturer, that is the.. ....

2016 (8) TMI 979 - CESTAT MUMBAI

Commissioner of Central Excise, Pune-II Versus Abhishek Cotspin Mills Ltd.

Central Excise: Exemption Notification 8/97 dated 1.3.1997 - eligibility for benefit - imported paper cones used for winding of yarn - Held that:- it is found that the Revenue has no case for more than one reason. Firstly, it is evidenced by the respondent that imported paper cones are packing materials by producing letter No. SEEPZ/Gov/187/96/02-03/305 dated 13.5.2003 that the paper cones are packing materials. When the Ministry of Commerce, another Ministry of Government of India, treats t.. ....

2016 (8) TMI 978 - CESTAT NEW DELHI

Sh. Mahesh Gupta, Director M/s. M.L.G. Synthetic Versus Commissioner of Central Excise, Delhi-I

Central Excise: Period of limitation - Demand - Woven Fabrics HDPE/PP strips captively consumed - final product was exempted - availed small scale exemption Notification No. 8/98 - Held that:- the appellants availed the benefit of small scale exemption notification with the due knowledge and permission of their Jurisdictional Central Excise Authorities, who are expected to know about the fact that the emergence of HDPE/PP strips is an inevitable fact for the manufacture of HDPE/PP Woven Fabr.. ....

2016 (8) TMI 977 - CESTAT NEW DELHI

M/s. Mayur International Versus CCE, Jaipur

Central Excise: Cenvat credit - CVD on strength of CVD foregone by debit in DEPB scrips - allowed only with issue of Notification No. 96/2004-CUS dated 17/09/2004 - Held that:- the issue is no more res-integra and has been decided by Tribunal that the Appellant has not been to show any notification by which the benefit of CENVAT credit has been expressly denied where the payment of customs duty or additional customs duty is made using DEPB scrips issued in terms of the FTP 2002-07. - Decided in favour of appellant


More Central Excise Cases


2016 (8) TMI 971 - GUJARAT HIGH COURT

Messrs Safari Fine Clothing Pvt. Ltd. Versus Union of India

Customs: Validity of statutory provisions - Imposition of penalty on company and directors - section 11(2) of the Foreign Trade (Development and Regulation) Act, 1992 – section 11(3) of the act - Article 14 of the Constitution of India – statutory guidelines – vesting of discretionary power in the executive to impose penalty but with certain safeguards – Held that: - various acts makes detailed provisions for the Central Government to lay down a foreign policy and conditions for impor.. ....

2016 (8) TMI 970 - BOMBAY HIGH COURT

Ajay Shinde Versus Union of India & Others

Customs: Provisional Release of consignment – export of consumer items – duty drawback – ownership - An intelligence was received, on the basis of which the second respondent suspected that narcotic drugs are concealed and being exported under this consignment of jewellery and footwear. The consignment, therefore, was held up, opened up for examination once again Held that: - The respondents possess necessary and requisite power in law to probe and investigate even the past transacti.. ....

2016 (8) TMI 969 - CESTAT MUMBAI

M/s. Triumph Nuclear Medicine & Research Centre Versus The Commissioner of Customs (Import) , Mumbai

Customs: Eligibility for exemption - Notification No. 64/88-Cus DATED 1/3/1988 – treatment of poor patients – hospitalization of low income group – limitation of time – Held that: - exemption Notification No. 65/88-Cus dated 1/3/1988 can be considered even if the same was not claimed by the appellant. The goods imported by the appellant is prima facie covered under general exemption Notification No. 65/88-Cus, however eligibility of notification was not considered by the Original Adj.. ....

2016 (8) TMI 927 - ANDHRA PRADESH HIGH COURT

M/s Shyam Ferro Alloys Ltd. Versus The Assistant Commissioner of Customs (APPg) And 2 Others

Customs: Condonation of delay - validity of delivery of order by speed post – authorized mode of service – Whether the service of a copy of the order by Speed Post, would constitute valid service under Section 153(a) of the Customs Act, 1962, or not? – Held that: - a person who seeks to send an article by Speed Post, does the same thing as a person who seeks to register an article does. But the transmission of the article is to be on a fast track in speed post services. There is also .. ....

2016 (8) TMI 926 - CESTAT NEW DELHI

Delphi Automotive Systems Ltd. Versus C.C. (Export) , New Delhi

Customs: Imposition of penalty - Classification of imported goods - import of small quantity of housing by courier – connectors – housing made of plastics – bonafide mistake on the part of courier agency to avail exemption in small quantity of import of housing – immediate discharge of duty with interest on recognition – Held that: - ‘Housing' made of plastic is not eligible for exemption available to the 'connector's. However many of such small consignments have been cleared under .. ....

2016 (8) TMI 925 - CESTAT NEW DELHI

M/s Him Logistics Pvt. Ltd. (CHA) Versus CC, New Delhi

Customs: Imposition of penalty - Classification of imported goods – medicaments – food supplements - filing of bill of entry as well as classification made by CHA – entire duty paid on declared goods – Held that: - The Appellant is mainly a CHA and the issue of classification is of complex nature. It cannot be said that the CHA should have information that the goods were 'Food Supplements' and not 'Medicaments'. It is for the Customs Department to classify the goods. Hence, no reason .. ....

2016 (8) TMI 924 - CESTAT AHMEDABAD

Shri Jorabhai Valabhai Rabari, Shri Premabhai Jethabhai Attya Versus Commissioner of Customs, Ahmedabad

Customs: Imposition of penalty - Section 112(b) of Customs Act, 1962 – rough diamonds – Kimberley Process Certificate – seizure – confiscation – Held that: - the appellants had brought the subject Rough Diamonds from Kenya illicitly and the same were recovered and seized from them - penalty imposable under section 112(b) of the customs act,1962. Quantum of penalty – Held that: - the subject Rough Diamonds should be valued by two experts, one chosen by the appellants and one by the .. ....

2016 (8) TMI 877 - MADRAS HIGH COURT

M/s. Green Line Versus The Commissioner of Custom - IV, The Additional Commissioner of Customs, The Assistant Commissioner of Customs,

Customs: Provisional clearance of seized goods - Valuation of imported goods – misdeclaration – IEC code – sub-woofers – amplifiers – CD players – search – seizure under Section 110 of the Customs Act – summon of a petitioner – petitioner one of the partner – statement recorded under section 108 of the Customs Act – whereabouts of other partner not known – Held that: - provisional release of goods permitted. The petitioner is directed to remit the entire duty as assessed by them and t.. ....

2016 (8) TMI 876 - CESTAT CHENNAI

Commissioner of Customs (Exports) , Chennai Versus Vinay Enterprises

Customs: Restoration of appeal - appeal returned on ground of insufficient documents on limitation aspect without going into the merits of the case - Section 129D(3) of the Customs Act, 1962 – Notification No.102/2007-Cus., dt. 14-09-2007 - refund of SAD – principles of unjust enrichment – Held that: - the Adjudicating authority observed in the adjudicating proceedings, that the respondent-assessee has fulfilled all the conditions of Notification No.102/2007-Cus., dt. 14-09-2007 read.. ....

2016 (8) TMI 875 - CESTAT AHMEDABAD

Commissioner of Customs, Kandla Versus M/s. Gokul Refoils & Solvents Limited

Customs: Levy of interest – provisional assessment – subsequent finalization – interest brought into force w.e.f. 13/07/2006 subsequent to which finalization done - Ministry of Finance vide Circular No. 20/2006-Cus dated 21 July 2006 clarified that interest should be levied from the date of provisional assessment – Held that:- it was held in the case Commissioner of Customs (Preventive) vs. Goyal Traders 2011 (8) TMI 720 Gujarat High Court that prior to introduction of sub-section (.. ....


More Customs Cases


2016 (8) TMI 923 - SUPREME COURT

M/s ITC Limited Versus State of U.P. & Others

VAT and Sales Tax: Validity of the judgement dated 16.01.2007 - Trade Tax, Saharanpur under Rule 41(6) of the U.P. Trade Tax Rules – imposition of purchase tax along with interest - benefit of exemption Notification dated 29.08.2003 issued under Section 4B(1)(a-1) of the Uttar Pradesh Trade Tax Act, 1948 - Section 3D(1) of the Act – purchase of wheat – supply to flour mills for grinding process – Held that: - in order to avail the benefit of the Notification and evade payment of purchase tax, a.. ....

2016 (8) TMI 922 - BOMBAY HIGH COURT

Finolex Cables Limited Versus The State of Maharashtra & Others

VAT and Sales Tax: Retrospective amendment - curtailment of the sales tax incentives by way of deferral – constitutional validity - impact on completed assessment - section 41D of the Bombay Sales Tax Act, 1959 - the Maharashtra Tax Laws (Levy and Amendment) Act, 1995 - Rule 31AAA of the Bombay Sales Tax Rules, 1959 – manufacture and sale of jelly filled telephone cables. Held that: - the scheme will remain in operation for a period of five years from 1st April, 1983 to 31st March, 1988. Con.. ....

2016 (8) TMI 921 - GUJARAT HIGH COURT

SAMAY ENTERPRISE AND 2 Versus STATE OF GUJARAT AND 1

VAT and Sales Tax: Quash of Order of Attachment – bank account – residential bungalow – offices and commercial establishments – stock of goods lying in godowns – cars and other personal belongings – section 45 of Gujarat Value Added Tax, 2003 – demand of tax, interest and penalty - possession of unaccounted stock of goods in undeclared godowns - investigation – Held that: - The department, undoubtedly, has powers under section 45 of the VAT Act to pass an order of provisional attachment to pro.. ....

2016 (8) TMI 920 - GUJARAT HIGH COURT

M/s. SAW PIPES LTD. (KNOWN AS JINDAL SAW LTD.) VRESUS STATE OF GUJARAT AND 1

VAT and Sales Tax: Demand of interest and penalty - Nature of works contract civil contract or construction contract - GVAT - contract of coating pipes - eligibility of composition scheme under section 55A of the act - tax rate is 2% or 12% - Held that: - appellant has fairly conceded that looking to the fact that the respondent has passed the assessment order on the basis of material available with it, they were required to pay the tax on the basis of 12% and that has been paid by the appella.. ....

2016 (8) TMI 828 - KERALA HIGH COURT

K. VALSARAJAN, (FORMER PARTNER OF M/s. KABANI LOGISTICS) Versus THE COMMERCIAL TAX OFFICER AND KERALA VALUE ADDED TAX APPELLATE TRIBUNAL, PALAKKAD

VAT and Sales Tax: Classification of goods – KVAT – rate of tax – ultra heat treatment (UHT) milk under Third Schedule to the KVAT Act taxable at 4%/5% – fresh milk and pasteurized milk under Entry 19 of the First Schedule exempt - HSN code - Held that: - UHT milk cannot be included under the exempted category coming under the First Schedule. First of all, there is a specific entry as UHT milk in Schedule 3 Item No.118. Therefore, it is taxable at 4% during the relevant years. The entry in the.. ....

2016 (8) TMI 827 - KERALA HIGH COURT

SATISHKUMAR PARSHOTTAMBHAI PATEL Versus COMMERCIAL TAX OFFICER AND OTHERS

VAT and Sales Tax: Best judgement assessment – KVAT – opportunity to revise the return to correct mistake – Held that: - Under Section 22 of the KVAT Act, where the assessing officer finds a return to be defective, then an opportunity is to be given to the dealer to file a fresh return curing the defects and only thereafter is the assessing officer expected to go ahead with a proposal for completion of assessment on best judgment basis, if the need arises. Circular No.27/2015, which is produced.. ....

2016 (8) TMI 803 - MADRAS HIGH COURT

Tvl. Rajyog Steels, Rep. by its Proprietor C. Ramesh Kumar, Versus The Commercial Tax Officer, Chennai

VAT and Sales Tax: Assessment order - Revision of input tax credit – purchase from registration cancelled dealers – TNVAT - Held that: - Whatever benefits that has accrued to the petitioners based on valid documents in the course of sale and purchase of goods, for which tax has been paid cannot be declined. The transaction that took place when the registration certificates of the selling dealer were in force cannot be denied to the petitioners/assesses. The notices, revised assessment orders an.. ....

2016 (8) TMI 802 - MADRAS HIGH COURT

Mr. Ansari Versus Commercial Tax Officer, Sub-Registrar

VAT and Sales Tax: Issuance of a writ of certiorari to quash attachment notice – lien over the property to recover tax dues - default in payment of loan amount – sale of property by Debt Recovery Tribunal to petitioner’s vendor and certificate of sale issued in his favor – creation of encumbrance by the department thereafter – Held that: - the property was subject matter of mortgage with the bankers, who were secured creditors and they had brought the property for sale, after long drawn litigat.. ....

2016 (8) TMI 801 - MADRAS HIGH COURT

North Arcot Printing and Stationery Manufacturers Industrial Co-operative Society Limited Versus The Deputy Commercial Tax Officer

VAT and Sales Tax: Revision of assessment - co-operative society carrying out printing works – sale – works contract – change of opinion – Held that: - the decision taken by the Appellate Authority for the earlier assessment years by an order dated 04.05.2001 binds the respondent and therefore, the respondent could not have issued the impugned revision notice. Also, it was held that no sales tax was payable on the supply of printed material which were printed by the dealer on orders received fr.. ....

2016 (8) TMI 717 - BOMBAY HIGH COURT

Mahyco Monsanto Biotech (India) Pvt. Ltd., (formerly known as Mahyco Monsanto Biotech (India) Ltd) , Subway Systems India Pvt Ltd Versus Union of India & Others

VAT and Sales Tax: Levy of service tax or sales tax - legislative competence - Subway franchise - scope of franchise agreement - Article 366 (29A) read with Item 54 of List II of constitutions of India - Held that:- The agreement between Subway and its franchisees is not a sale, but is in fact a bare permission to use. It is, therefore, subject only to service tax. In our opinion, the fact that the agreement between Subway and its franchisee is limited to the precise period of time stipula.. ....


More VAT and Sales Tax Cases


2016 (8) TMI 968 - SECURITIES APPELLATE TRIBUNAL MUMBAI

Mr. Sandeep Baid and Others Versus Securities and Exchange Board of India, Mumbai

Corporate Laws: Violation of Clause 49 of the Listing Agreement - whole Time Director chaired the Audit Committee Meeting - Held that:- When the Listing Agreement specifically provides that the Chairman of the Audit Committee shall be an Independent Director, the Whole Time Director could not have chaired the Audit Committee Meeting held on 07.10.2011 especially when an Independent Director was available on that day to chair the Audit Committee. There is no basis for the alleged bonafide bel.. ....

2016 (8) TMI 919 - BOMBAY HIGH COURT

Manjiro Works, Versus Galaxy Entertainment Corporation Limited

Corporate Laws: Winding up Petition - time barred petition - Held that:- Find considerable force that the claim made in the present Petition, Prima facie would appear to be barred by the law of limitation. It is not in dispute that the supplies of these machineries took place between the period of 10th June, 2008 to 25th February, 2009. Even, if where to go by the credit period mentioned in the third purchase order (being a period of 730 days), the Respondent Company was required to make pay.. ....

2016 (8) TMI 918 - SECURITIES APPELLATE TRIBUNAL MUMBAI

J.C. Mansukhani and Others Versus Securities and Exchange Board of India, Mumbai

Corporate Laws: Disclosing of price sensitive information belatedly - violation of the PIT Regulations - Contracts for supply of goods entered into by the Company with foreign enterprises - Held that:- Every contract for supply of goods manufactured by a company may not be a price sensitive information, however, in the facts of present case, the contracts to supply 65% of the yearly contracts received by the company, constituted price sensitive information which ought to have been disclosed... ....

2016 (8) TMI 872 - KARNATAKA HIGH COURT

J.R. Srinivasa, S/o late JS Ramesh Versus Sree Gururaja Enterprises P Ltd

Corporate Laws: Winding up petition - ex-Director of the respondent company seeking winding up of the respondent company on account of the alleged failure to pay interest at 24% p.a. on the admitted liability of ₹ 75.50 lakhs due by the respondent company to the petitioner, against the loan advanced by the petitioner to the respondent company - Held that:- This Court is of the clear opinion that no ground as is set out in S. 433(e) of the Act viz., the inability to pay the admitted deb.. ....


More Corporate Laws Cases


2016 (6) TMI 341 - SUPREME COURT

M/s Videocon Industries Ltd. Another Versus State of Maharshtra & Others

FEMA: Offence punishable under Section 56(1)(i) of the Foreign Exchange Regulation Act, 1973 for the alleged contravention of the provisions of Sections 18(2) and 18(3) of the Act - Held that:- The tribunal has arrived at a conclusion that the appellant cannot be held guilty for Section 18(2) read with Section 18(3) of FER Act, 1973 and the advise of the Reserve Bank of India given in its letters dated 21.1.1992 and 18.2.1994 deserve to be accepted as they are totally in consonance.. ....

2016 (6) TMI 58 - PATNA HIGH COURT

Brajesh Kumar Srivastava, S/o Surendra Prasad Srivastava Versus The State of Bihar

FEMA: Sealing of office premises challenged - case registered under Sections 420, 120-B, 467, 468, 471, 406/34 of the Indian Penal Code (for short ‘IPC’) and Sections 3, 4 and 13 of the Foreign Exchange Management Act, 1999 - Held that:- The office premises of the Company, which was sealed by the police in connection with the police case, is neither a stolen property nor the object of the crime nor has any link with the commission of any offence. It is not a property which is cover.. ....

2016 (6) TMI 3 - CALCUTTA HIGH COURT

Ashok Kumar Doshi Versus Union of India And Others

FEMA: Refusal to dispense with the amount of deposit of the penalty fully by Foreign Exchange Appellate Tribunal - Held that:- The learned Tribunal omitted to notice that there was unexplained delay of nine years in issuing the show cause notice. The learned Tribunal also ignored the fact that the appellant was a mere agent of the principal, Sri S.Jegathesan. Considering the facts and circumstances of the case, we are of the opinion that the Tribunal should have dispensed with t.. ....

2016 (5) TMI 740 - SUPREME COURT

Jatin C Jhaveri Versus Union Of India And Vice-Versa

FEMA: Confiscation of foreign currency and imposition of penalty - Clauses (d), (e) and (i) of Section 113 of the Customs Act, 1962 - Seizure of US dollars - Import of currency as advance payments towards supply of diamonds - absence of requisite permission of Reserve Bank of India - Held that:- the greater significance and important is the absence of any special or general permission as contemplated under Section 8(1) of FERA. No such permission is produced or relied upon. In fact.. ....


More FEMA Cases


2016 (8) TMI 917 - SUPREME COURT

Malati Sardar Versus National Insurance Company Limited & Ors.

Allied Laws: Entitlement to award of the Motor Accidents Claims Tribunal, Kolkata - whether the High Court was justified in setting aside the award only on the ground that the Tribunal did not have the territorial jurisdiction? - Held that:- The provision in question, in the present case, is a benevolent provision for the victims of accidents of negligent driving. The provision for territorial jurisdiction has to be interpreted consistent with the object of facilitating remedies for the v.. ....

2016 (8) TMI 825 - DELHI HIGH COURT

Council of the Institute of Chartered Accountants of India Versus Gurvinder Singh & Anr.

Allied Laws: Professional misconduct - removal of respondent No.1’s name from the Register of Members for a period of six months - whether respondent No.1 was discharging functions as a Chartered Accountant when he sold the shares? - Held that:- Member of the Institute would be deemed to be in practice when, for remuneration received or to be received the person performs the acts enumerated in the four clauses hereinabove noted. Section 30 of the Act confers power on the Central Governmen.. ....

2016 (8) TMI 824 - MADRAS HIGH COURT

The Commissioner of Income Tax Versus The Commissioner Corporation of Chennai

Allied Laws: Demand the property tax for the buildings used by the petitioner Department which is owned by the President of India - Held that:- A clear exemption being granted, the levy or collection of property tax by the respondent Corporation on the buildings owned by the Union of India is unauthorised and illegal. Therefore, if any such tax have been collected, the same requires to be refunded. So far as the service charges are concerned, it seems that the Union of India had already a.. ....

2016 (8) TMI 614 - DELHI HIGH COURT

The Indian Singers’ Rights Association Versus Chapter 25 Bar And Restaurant

Allied Laws: Infringement of Copyright - Decree of permanent injunction - Held that:- The Court is satisfied that the Plaintiff has been able to prove the infringement by the Defendant of the R3 of the members of the Plaintiff Society in the performances as recorded in the CDs prepared by the Plaintiff’s Investigator. The playing of songs by the Defendant in its restaurant without payment of royalty to the Plaintiff is a violation of the R3 of the performers who are members of the Plainti.. ....


More Allied Laws Cases


 
 
Jiva Seva is Shiva Seva:
Service to humanity is Service to God

May I be born again and again, and suffer thousands of miseries so that I may worship the only God that exists, the only God I believe in, the sum total of all souls—and above all, my God the wicked, my God the miserable, my God the poor of all races, of all species, is the special object of my worship.

- Swami Vivekananda, CW, 5:137
 
 
 
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