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Classification - Product prawn feed - The legislature providing for exemption of such product from payment of tax does not necessarily and by itself imply that the product was otherwise exigible to tax. - HC    *    Invokation of extended period of limitation - appellant has wrongly arrived at the valuation of the pipes cleared by them on the cost construction method rather the appellant should have paid duty on the value of pipes as indicated in the contract - Having failed to raise this issue at the material time it cannot be said that the appellants had suppressed or mis-declared anything to enable the revenue to invoke extended period of limitation - Tri    *    Refund claim - reduction in value - credit notes raised by the Assessee subsequent to the sale/removal of goods - trade discounts given to its buyers including the component of excise duty - refund allowed - SC    *    Duty liability - parts of dumpers and others imported, further repacked and labelled by the appellant and sold - whether the items/parts which are repacked are parts of automobiles to fall under Third Schedule and/or Section 4A Notification or not - held yes - Tri    *    Cenvat credit - excess electricity sold to state govt. - The factum of consumption of electricity generated within the factory partly and sold out partly is an accepted proposition in the law and cenvat credit cannot be denied is also decided by various case laws - Tri    *    Classification - Lever Ayush Poshak Rasayan and Lever Rakshak Rasayan - based on the quotes from Explanatory Notes to HSN, it is clear that the subject items are in the category of food supplements and are rightly classifiable under Chapter Heading 2106.90 99. - Tri    *    The process of mixing base paint with tinter amounts to manufacture and is liable to payment of duty at the depot. - Tri    *    Goods and GST Bill passed    *    Travelling expenses incurred outside India by on duty employee whether taxable?    *    Opinion for availment of Cenvat Credit on invoices provided by CHA against service received for Export and Import.    *    FM: Government to now focus on increasing the banks’ ability to support growth    *    service tax payament-reg    *    CBDT signs 20 Unilateral Advance Pricing Agreements with Indian taxpayers    *    CENVAT CREDIT ON CERTIFIED COPY OF BILL OF MISC. CHARGES ON FINALIZATION OF BOE    *    should i buy machinery after gst or before gst which will be benefit for me    *    Captive consuption to be shown in ER-1 Return filed through ACES system -reg    *    Rebate claim issue    *    DTA supplied goods at SEZ - Order receive in US $    *    Government to issue Fifth Tranche of Sovereign Gold Bonds: Applications for the Bonds will be accepted from 1st September to 9th September, 2016 and Bonds will be issued on 23rd September,2016    *    RBI Reference Rate for US $

VAT and Sales Tax: Classification - Product prawn feed - The legislature providing for exemption of such product from payment of tax does not necessarily and by itself imply that the product was otherwise exigible to tax. - HC

Central Excise: Refund claim - reduction in value - credit notes raised by the Assessee subsequent to the sale/removal of goods - trade discounts given to its buyers including the component of excise duty - refund allowed - SC

Central Excise: Invokation of extended period of limitation - appellant has wrongly arrived at the valuation of the pipes cleared by them on the cost construction method rather the appellant should have paid duty on the value of pipes as indicated in the contract - Having failed to raise this issue at the material time it cannot be said that the appellants had suppressed or mis-declared anything to enable the revenue to invoke extended period of limitation - Tri

Central Excise: Duty liability - parts of dumpers and others imported, further repacked and labelled by the appellant and sold - whether the items/parts which are repacked are parts of automobiles to fall under Third Schedule and/or Section 4A Notification or not - held yes - Tri

Central Excise: Classification - Lever Ayush Poshak Rasayan and Lever Rakshak Rasayan - based on the quotes from Explanatory Notes to HSN, it is clear that the subject items are in the category of food supplements and are rightly classifiable under Chapter Heading 2106.90 99. - Tri

Central Excise: The process of mixing base paint with tinter amounts to manufacture and is liable to payment of duty at the depot. - Tri

Central Excise: Cenvat credit - excess electricity sold to state govt. - The factum of consumption of electricity generated within the factory partly and sold out partly is an accepted proposition in the law and cenvat credit cannot be denied is also decided by various case laws - Tri

Service Tax: Taxability of collection of development fee from the passengers – operational, management and development of airport - it cannot be said that the amount so collected is by way of service charge. - not taxable - Tri

Central Excise: Cenvat credit - Since lubricants are not falling under the negative list of goods mentioned in the definition clause, credit cannot be denied to the appellant - Tri

Income Tax: Transfer pricing adjustment - the TPO was required to give reasons for discarding the CUP method qua each of the transactions as all the 12 international transactions entered into by the appellant were distinct. - HC

Income Tax: Industrial gala sold - taxation as STCG or LTCG - The entire payment as per the agreement was in fact made before financial year 1998-99. Occupation certificate was also issued on 10.03.1998 - the keys were taken back by the assessee on 01.01.2005 - sale of the property in the year 2005 has to be treated as sale of long-term capital assets and gain has to be assessed as long-term-capital-gain - Tri

Income Tax: Expenditure on Cost Guard day function & seminar - whether allowable expenditure u/s. 37(i) - Held Yes - The expenditure has been incurred towards discharge of corporate social responsibility - Tri

Income Tax: TDS u/s 194C - non tds on Vehicle / dumper Hire Charges - No contract, either verbal or written, is entered into with the owners / drivers in these cases of purely temporary transporting arrangements - No disallowance - Tri

Income Tax: Reopening of assessment - at the time of issuing notice, it is not incumbent upon the AO to prove conclusively that there is escapement of income - Tri

Service Tax: CENVAT credit – CHA services are utilized by the appellant before the goods were loaded on to the ship and therefore the same falls within the definition of input services- Tri

Service Tax: CENVAT credit - capital goods or inputs? - Supply of tangible goods service – dumpers and tippers – such vehicles will be in the nature of inputs for the purposes of CENVAT Credit Rules, 2004. - Tri

Central Excise: Cenvat credit - manpower supply services - 75% of the service tax, which is sought to be denied is admittedly paid to the Government by the provider of service instead of recipient of service - In any case, the service tax has been discharged and denial of the credit on this ground is not sustainable. - Tri

Central Excise: Cenvat credit - The adjudicating authority was not empowered by law to decide optimum quantity of input admissible to be procured for manufacture of unit quantity of final product and therefore, law did not empower the adjudicating authority to decide how much is the excess quantity of inputs procured by the appellant - Tri

Central Excise: Valuation - where on account of delay in delivery of manufactured goods is liable to pay a lesser amount that the generically agreed price as a result of a clause (in the agreement), stipulating variation in the price, on account the liablility to “liquidated damages”, irrespective of whether the clause is titled “penalty” or “liquidated damages”, the resultant price would be the “transaction value” - Tri

Central Excise: Imposition of penalty - non-filing of Annual Return containing details of inputs for the period 2004-05 - other than the non-filing of return, no other allegation has been made against the appellant. The returns stand filed thereafter. - No penalty - Tri

More Highlights

FTP - Export of Red Sanders wood by Government of Andhra Pradesh & Directorate of Revenue Intelligence (DRI) - Revision of quantity allocation to Govt. of Andhra Pradesh and extension of time for export by Govt. of Andhra Pradesh and DRI- No. - 24/2015-2020 Dated: 29-8-2016

Cus - Scheme of Rebate of State Levies on Export of Garments 2016- No. - F.No. IV(23)/14/2016-Systems Dated: 26-8-2016

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

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2016 (8) TMI 1049 - PUNJAB AND HARYANA HIGH COURT

Honda Motorcycle and Scooters India Pvt. Ltd. Versus Asistant Commissioner of Income Tax, Circle-2, Gurgaon

Income Tax: Transfer pricing adjustment - discarding the CUP method - Held that:- Section 92-C(1) of the Act pertains to the determination of the arm's length price in relation to “an” international transaction. Section 92-F (ii) defines arm's length price to mean a price, which is applied or proposed to be applied in “a” transaction between persons other than associated enterprises, in uncontrolled conditions. If, for determination of the arm's length price, the assessee had applied mor.. ....

2016 (8) TMI 1048 - ITAT MUMBAI

M/s Arun Kumar Synthetics Pvt Ltd Versus Income Tax Officer, Range 4 (1) - (3) , Mumbai

Income Tax: Industrial gala sold - taxation as STCG or LTCG - consequent deduction under section 54EC - Held that:- It is an undisputed fact from the perusal of the record that, assessee had acquired the industrial gala by way of ‘registered sale agreement’ dated 27.03.1994 for a total consideration of ₹ 6,90,000/-. As per the payment of demand schedule, the entire payment of ₹ 8,74,000/- including the sale consideration as well as other outgoings was to be done upto financia.. ....

2016 (8) TMI 1047 - ITAT PUNE

DCIT, Central Circle – 1 (1) , Pune Versus Serum Institute of India Ltd. and Serum Institute of India Ltd. Versus Addl. CIT, Range – 6, Pune

Income Tax: Non treating the receipts in foreign currency from M/s. Akorn Inc., USA towards development of the products as ‘Income from Business’ for the purpose of allowing deduction u/s. 10AA - Held that:- In the present case, the assessee has claimed deduction u/s. 10AA of the Act on receipts from M/s. Akorn Inc., USA in lieu of granting exclusive marketing rights of its new product in North, Central and South America. The said receipts are not in relation to export of its products. T.. ....

2016 (8) TMI 1046 - ITAT KOLKATA

Assistant Commissioner of Income-tax, Circle-1, Asansol Versus M/s. Raja Transport

Income Tax: TDS u/s 194C - non tds on Vehicle Hire Charges - disallowance u/s. 40(a)(ia) - Held that:- We find from the facts and circumstances of the case that the provision of section 194C(2) could not be made applicable as there was no contract between the assessee and the individual dumper owners and hence, the invocation of provision of section 40(a)(ia) cannot be made applicable. We find that the invocation of provisions of section 40(a)(ia) is to be decided on the scope and ambit.. ....

2016 (8) TMI 1045 - ITAT BANGALORE

M/s. Prithvi Granites Pvt. Ltd. Versus Deputy Commissioner of Income-tax, Circle 12 (2). Bangalore

Income Tax: Reopening of assessment - no business activity carried - Held that:- The contention of the assessee-company that the re-assessment proceedings were initiated during pendency of the original proceedings cannot be accepted, as the facts emerge from the assessment order, the original return of income was filed on 28/3/2008 and therefore, notice u/s 143(2) should have been issued by 31/3/2009. Obviously, there was no notice issued u/s 143(2) against original return of income. No.. ....

2016 (8) TMI 1044 - SUPREME COURT

Commr. of Income Tax, Bikaner Versus Hissaria Brothers, Hanumangarh JN

Income Tax: Penalty u/s 271-D and 271-E - Held that:- On perusing the judgment of the High Court [2006 (7) TMI 163 - RAJASTHAN High Court] it is found that penalty imposed on the respondent herein was also set aside on the ground that the provisions of Section 271-D and 271-E of the Income Tax Act were invoked after six months of limitation and, therefore, such penalty could not have been imposed. Since the outcome of the judgment of the High Court can be sustained on this aspect alone, .. ....

2016 (8) TMI 1043 - GUJARAT HIGH COURT

COMMISSIONER OF INCOME TAX-IV Versus SCHUTZ DISHMAN BIOTECH PVT LTD

Income Tax: Addition made on account of inflated purchase - Held that:- The assessee was manufacturing pharmaceutical medicines which are being exported. The assessee was maintaining the norms which are prescribed by the Government of India for a particular pharmaceutical medicine which is to be exported. Since there was a variation in the ratio, the Assessing Officer made addition based on the statement of the General Manager, in-charge production. In our view, the Assessing Officer has.. ....

2016 (8) TMI 1042 - GUJARAT HIGH COURT

GUJARAT STATE FINANCIAL SERVICES LTD Versus ASSTT COMMISSIONER OF INCOME TAX

Income Tax: Penalty under section 271(1)(c) - Held that:- The assessee in one of the appeals is a government company engaged in the business of providing loans, leasing and hire purchase services and providing financial services whereas in the other appeal, the assessee is a partnership firm running education institution. From the assessment order it is clear that there is no satisfaction recorded by the Assessing Officer regarding concealment of income or for furnishing any inaccurate p.. ....

2016 (8) TMI 1041 - BOMBAY HIGH COURT

The Commissioner of Income Tax-5 Versus M/s. Vinergy International Pvt. Ltd.

Income Tax: Foreign exchange fluctuation loss - whether the Tribunal is justified by allowing foreign exchange fluctuation loss to set off against the taxable income without considering the CBDT's instruction No.3 of 2010 dated 23.03.2010? - Held that:- In the present facts, we find that the loss was not on account of derivatives but are in fact losses and gains in foreign exchange relating to the purchase and sales transactions i.e. creditors and debtors outstanding as on 31st March, 2.. ....

2016 (8) TMI 1040 - CALCUTTA HIGH COURT

TINPLATE CO. OF INDIA LTD. Versus JOINT COMMNR. OF I.T. SPL. RANGE-7 CAL.

Income Tax: Reopening of assessment - Held that:- The petitioner is not guilty of not disclosing fully and truly all material facts necessary for the relevant assessment year. In such circumstances, hold that invocation of provision of Section 148 by the Assessing Officer is unwarranted for the relevant assessment year.


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 1056 - CESTAT MUMBAI

BASF India Ltd. Versus Commissioner of Central Excise, Goa

Service Tax: Cenvat credit - service tax paid on the freight incurred for movement of goods from their depot to another depot of their own - Held that:- it is found that the place of removal in respect of the goods sold from depot is the depot from which the goods are sold. Therefore, the services received prior to sale from a depot, like transportation from one depot to another would be admissible as the credit by referring the decision of Tribunal in the case of Brakes India Ltd. Vs. CC.. ....

2016 (8) TMI 1055 - CESTAT HYDERABAD

M/s S.V.R. Electricals (P) Ltd. Versus The Commissioner C & CE, Guntur

Service Tax: Demand of service tax - Goods Transport Agency Service - trucks were driven by drivers of the appellant - Held that:- in the light of the judgments of Hon’ble High Court of Madras in CCE, Salem Vs Suibramia Siva Co-operative Sugar Mills Ltd. [2014 (11) TMI 925 - MADRAS HIGH COURT] where it was held that the use of the word 'any person' in the definition of 'Goods Transport Agency' includes individual truck owners also and the judgment of Tribunal in the case of Sree Balaji Tr.. ....

2016 (8) TMI 1054 - CESTAT MUMBAI

Mumbai International Airport Pvt. Ltd. Versus Commissioner of Service Tax - I Mumbai

Service Tax: Taxability of collection of development fee from the passengers – operational, management and development of airport - section 65(3c) of Finance Act, 1994 – definition of taxable service - section 65(105)(zzm) of Finance Act, 1994 – fundamental requirement of the demand of tax - Held that: - Section 67 defining value of taxable services for charging service tax says that the value of service shall be gross amount charged by the service provider for the service provided to the.. ....

2016 (8) TMI 1031 - CESTAT BANGALORE

Kennametal India Ltd. Versus Commissioner of Central Excise, Large Taxpayers Unit

Service Tax: Recovery of CENVAT credit – imposition of interest and penalty – machine tool accessories, tips and Inserts – CHA service for export of goods – Held that: - the ownership of the goods and the risk related thereto remains with the appellant up to the loading of the goods on the ship at the port of shipment. Further, Section 4 of the Central Excise Act, 1944, inter alia, states that the place of removal is any other place from where the excisable goods are to be sold after the .. ....

2016 (8) TMI 1030 - CESTAT NEW DELHI

CCE, Raipur Versus M/s. Supreme Warehousing Corpn.

Service Tax: Refund - Clearing and forwarding agent – loading and unloading of cargo – demand of tax and interest on cargo service – payment by respondent, service provider – claim of refund for the period prior to the date the service became effective - reimbursement received from recipient of service – is gross amount inclusive of service tax ? – Held that: - the recipient of service objected to payment of service tax liability prior to that date and reimbursed the service tax only for.. ....

2016 (8) TMI 1029 - CESTAT HYDERABAD

M/s IBC Ltd. Versus CC, & ST, Tirupati

Service Tax: Demand of tax with interest - penalty under Sections 76, 77 and 78 of the Finance Act, 1994 – non-submission of statutory returns – Barites Ore and Iron Ore - mining service – GTA service – supply of tangible goods service - proviso to Section 73(1) of the Finance Act, 1994 - Imposition of equal penalty under section 78 of the Finance Act, 1994 – Held that: - non-payment/ short payment of service tax cannot be held to be on account of suppression of material facts with inten.. ....

2016 (8) TMI 1028 - CESTAT NEW DELHI

M/s. Jain Grani Marmo (P) Ltd. Versus C.C.E., Jaipur

Service Tax: Refund – 100% EOU – manufacture and export of marble and granite slabs – Notification No.41/07-ST dated 06.10.2007 – port service – Held that: - the CBEC vide Circular dated 26.02.2010 has interalia clarified that irrespective of the clarification of service provided by the service provider, if the same relates to the services provided in the port, the same shall be considered for benefit of refund in terms of the Notification dated 06.10.2007. The services received by the ap.. ....

2016 (8) TMI 1027 - CESTAT MUMBAI

Niranjan Suresh Bhatwal Versus Commissioner of Customs, Central Excise &Service Tax Nashik

Service Tax: Demand of tax, interest and penalty – non-payment of service tax - service tax registration – renting of immovable property - section 65(105)(zzzz) read with section 65(98) of the Finance Act, 1994 – invocation of section 80 of the Finance Act, 1994 – benefit of doubt – Held that: - Undoubtedly there was some doubt about the scope of taxability of ‘renting of immovable property’ service. However, that dispute, though resolved in due course by Hon’ble Supreme Court, did not pr.. ....

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. .. ....


More Service Tax Cases


2016 (8) TMI 1071 - SUPREME COURT

Commissioner of Central Excise, Madras Versus M/s Addison & Co. Ltd.

Central Excise: Refund claim - excise duty paid on additional discounts and turnover discounts - eligibility for deduction from the wholesale price for determination of value under Section 4 of the Central Excises & Salt Act, 1944 - Held that:- this Court by its judgment dated 11.03.1997 in Addison & Co. Ltd. Vs. Collector of Central Excise, Madras Vs. Collector of Central Excise, Madras [1997 (3) TMI 98 - SUPREME COURT OF INDIA] held that the turnover discount is an admissible deduction. Th.. ....

2016 (8) TMI 1070 - CESTAT BANGALORE

Excel Tyre & Rubber Products Versus Commissioner of Central Excise, Mangalore

Central Excise: Refund claim of interest paid for the delay in discharging adjudication levies imposed on them - liability to pay interest under Section 11AB of the Central Excise Act 1944 - Held that:- the impugned order is not sustainable in law on the ground that interest cannot be demanded from the appellant under Section 11AB which was never resorted to in the show-cause notice and in the Order-in-Original. All along the proceedings the case of the department was that the appellant is l.. ....

2016 (8) TMI 1069 - CESTAT MUMBAI

Nila Baurat Engineering Ltd., Shri Yogesh Jhalla Versus Commissioner of Central Excise

Central Excise: Invokation of extended period of limitation - appellant has wrongly arrived at the valuation of the pipes cleared by them on the cost construction method rather the appellant should have paid duty on the value of pipes as indicated in the contract - Held that:- the audit report contains a specific reference to the contract and on that basis it has arrived at the conclusion that the value of gunniting needs to be included in the assessable value. We find that the DGCEI in the .. ....

2016 (8) TMI 1068 - PUNJAB AND HARYANA HIGH COURT

Somson Exports Versus Union of India and others

Central Excise: Validity of revisionary order passed by the revisionary authority - Exercise of revisionary powers - Whether can be exercised by the officer of same rank or not - Held that:- in view of the decision of Punjab and Haryana High Court in the case of M/s NVR Forgings vs Union of India and others [2016 (5) TMI 7 - PUNJAB AND HARYANA HIGH COURT] which was followed by this Court M/s Kent Malleables Private Limited vs Union of India and others, the Revisionary Authority had to be an .. ....

2016 (8) TMI 1067 - DELHI HIGH COURT

Hindustan Industrial Products Proprietor Anand Kumar Gupta & Indian Perfumes Pvt. Ltd. Versus Directorate General Of Central Excise Intelligence & Anr.

Central Excise: Seeking provisional release of seized goods - modification in conditions imposed - Held that:- it is directed that the Petitioner shall be permitted to provisional release of the goods upon furnishing a bond for 100% of the full assessment value and, in view of the statement of the Petitioners, upon payment of the full duty, without prejudice to their rights and contentions in the further proceedings if any. - Petition disposed of

2016 (8) TMI 1066 - RAJASTHAN HIGH COURT

General Manager Telecom District, Bharat Sanchar Nigam Limited Versus Commissioner of Central Excise and Service Tax, Jaipur II & Anr.

Central Excise: Whether the Appellate Tribunal was justified in dismissing the appeal preferred by the assessee for alleged noncompliance of order dated 9.9.13, without considering the application preferred by the assessee for recalling/modification of the said order, rejecting the stay petition preferred for non-prosecution - Held that:- the appellant having preferred the application as aforesaid, the Appellate Tribunal was reasonably expected to consider the said application first and coul.. ....

2016 (8) TMI 1065 - CESTAT KOLKATA

Commissioner of Central Excise, Ranchi Versus Shri Amit Kumar, Director of M/s. Super Smelters Ltd. (Unit-2) , Shri Ram Chandra Singh, Authorized Signatory, M/s. Super Smelters Ltd. (Unit-2) , Shri Dilip Kumar, Director of M/s. Super Smelters Ltd. (Unit-2) , Shri Deepak Kumar, Director of M/s. Super Smelters Ltd. (Unit-2)

Central Excise: Whether Appellant M/s.Sai Electrocasting Ltd. (Now M/s.Super Smelters Ltd., Unit-2) has correctly taken Cenvat Credit on certain capital goods received in their factory premises along with duty paying documents - Held that:- in view of the settled proposition of law it cannot be held that Respondent had any mala fide intention to take wrong Cenvat Credit when both capital goods and the duty paying documents, bearing the registration number of the supplier, were received by th.. ....

2016 (8) TMI 1064 - CESTAT CHENNAI

M/s. Exide Industries Limited Versus CCE, Chennai

Central Excise: Cenvat credit - Service tax paid on outward transportation - Whether the transportation of inputs/semi-finished goods/intermediaries by the appellant assessee to their manufacturing units falls under the ambit of the definition of input service defined in Rule 2(l) of CCR, 2004 or otherwise - Held that:- the decision of the Tribunal in the assessee's own case squarely covers the disputed issue. There cannot be a different view with regard to the eligibility of Cenvat credit o.. ....

2016 (8) TMI 1063 - CESTAT MUMBAI

Komatsu India Pvt. Ltd., T. Laxmi Narayana Versus Commissioner of Central Excise, Nagpur

Central Excise: Duty liability - parts of dumpers and others imported, further repacked and labelled by the appellant and sold - whether the items/parts which are repacked are parts of automobiles to fall under Third Schedule and/or Section 4A Notification or not - Held that:- the appellant has no case on merits as the Tribunal in the case of Larsen and Toubro Ltd. vs. CCE [2015 (12) TMI 224 - CESTAT MUMBAI] has held that these items are liable for central excise duty as per Section 2(f)(iii.. ....

2016 (8) TMI 1062 - CESTAT BANGALORE

Carclo Technical Plastics Pvt Ltd Versus Commissioner of Central Excise, Service Tax And Customs Bangalore-II

Central Excise: Whether on conversion of DTA unit into a 100% EOU, the CENVAT credit lying as balance at the time of conversion can be availed and utilized by the 100% EOU or not - Held that:- in view of the various judgments which squarely covers the case of the appellant and this Tribunal has consistently held that the appellant is entitled to transfer the unutilized CENVAT credit on conversion from DTA to 100% EOU. therefore, in view of the settled position of law, the impugned order is n.. ....


More Central Excise Cases


2016 (8) TMI 1074 - CESTAT MUMBAI

Charansingh Nandrayog Versus Commissioner of Customs (Import) , Mumbai

Customs: Notice for penalty under Customs Act for wrongful import of a car - Held that:- The charge on the appellant in the show-cause notice was that he had aided and abetted Shri Ashok Kumar Dhanak and finalise the import of car in a fraudulent manner resulting in evasion of duty. The sequence of events as narrated by the appellant in his first statement clearly shows that he was the one who organized the import of the car and used the passport of Shri Ashok Kumar Dhanak for import .. ....

2016 (8) TMI 1073 - CESTAT NEW DELHI

M/s Skyways Air Services Pvt. Ltd. Versus CC (I&G) , New Delhi

Customs: Revocation of registration - Held that:- Registration was revoked alongwith forfeiture of ₹ 10,00,000/- security deposit, is that they are not "authorized courier" as per Regulation 3 (a) of CIER, 1998/Regulation 3 (1) (b) of CIER, 2010. We note that both these are definition clause of "authorized courier". We note that the registration in 2009 has been granted by the Competent Authority, apparently after due process. The review of the registration has been done prompte.. ....

2016 (8) TMI 1072 - CESTAT MUMBAI

Commissioner of Customs (Import) , Mumbai Versus M/s. Elegant Sales Corpn. and M/s. Stonemann Marbles Inds.

Customs: Enhancement of the redemption fine imposed by the adjudicating authority - Held that:- We find that in all the cases, the fact is that the respondents have imported Marble Blocks without obtaining Special Import Licence and there is also mis-declaration of the value. We observe from the impugned order that though the redemption fine was not to the extent of margin but the penalty was substantially enhanced. If both penalty and redemption fine are taken together it is more or.. ....

2016 (8) TMI 1053 - DELHI HIGH COURT

T.T. POULOSE Versus AIRPORTS AUTHORITY OF INDIA

Customs: Permission to withdraw the present petition and application with liberty to make a detailed representation - promotion of the petitioner - grade of Assistant General Manager - Communication Assistant - Electronics Assistant - Senior Manager - Held that: - petitioner to make detailed representation and the same shall be decided by respondent No.1. The decision thereof shall be communicated to the petitioner. - petition and application dismissed - decided in favor of petitioner.

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 .. ....


More Customs Cases


2016 (8) TMI 1077 - GUJARAT HIGH COURT

West Coast Waterbase Private Limited Versus State of Gujarat

VAT and Sales Tax: Classification - Product prawn feed - Whether Product prawn feed would be covered under Entry 14 of the First Schedule pertaining to cattle feed - Held that:- In the present case all that the legislature has done is to provide for a specific exemption for all aquatic products with effect from 31.03.2012. This exemption entry in no manner, amended any provisions of the First Schedule to the VAT Act, which continued to carry Entry 14 pertaining to the cattle feed, and thus whet.. ....

2016 (8) TMI 1076 - GUJARAT HIGH COURT

SHREE ASSOCIATES Versus STATE OF GUJARAT AND 1

VAT and Sales Tax: Application for remission and claim for refund - Held that:- The sum of ₹ 50 lakhs, ordered to be deposited by the petitioner, must be seen in the light of the petitioner’s possible liability of tax, which may be ascertained at a future date. Till this is done, such amount would remain in the nature of a deposit, which the Government would hold in trust. Till the Government framed the remission scheme on 18.11.2014, no such tax liability was ascertained through any orde.. ....

2016 (8) TMI 1075 - BOMBAY HIGH COURT

The Commissioner of Sales Tax, Mumbai Maharashtra Versus M/s. Bajaj Tempo Ltd.,

VAT and Sales Tax: Purchase Price computation - whether the customs duty paid by the Respondent herein (M/s Bajaj Tempo Ltd.) on goods imported by it from out of the country, and which are used in the manufacture of their vehicles, should be included in the definition of the words “purchase price” as set out in section 2(22) of the BST Act? - Held that:- The term “purchase” has been defined in section 2(28) with reference to the definition of the term “sale”. From the aforesaid definition, it w.. ....

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.. ....


More VAT and Sales Tax Cases


2016 (8) TMI 1052 - GUJARAT HIGH COURT

IN RE : HDB FINANCIAL SERVICES LTD

Corporate Laws: Scheme of Arrangement in the nature of amalgamation amongst the Petitioner Company and the Transferor Companies and their respective shareholders and creditors deserves to be granted. The Scheme of Amalgamation is hereby sanctioned. The same shall be binding upon all the Equity Shareholders, Secured Creditors, Unsecured Creditors of the Petitioner Company and all other agencies, departments and authorities of the Central, State and any other local authorities.

2016 (8) TMI 1051 - GUJARAT HIGH COURT

IN RE : GUJARAT METAL CAST INDUSTRIES LIMITED

Corporate Laws: Sanction of a Scheme of demerger - Held that:- The Court is of the view that the observations made by Regional Director do not prevent the Court from sanctioning the Scheme of Demerger. The petitioner-Company have filed affidavit on 19.8.2016 which clearly demonstrates that the observations made by the Regional Director in his affidavit are taken care of. Moreover, there are no other objections to the scheme by anybody, as is clearly borne out from the affidavit of the Region.. ....

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.. ....


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 1050 - MADRAS HIGH COURT

Superintendent of Customs, Central Intelligence Unit, Trichy Versus L. Abuthahir

Allied Laws: Seeking to cancel the bail granted to the respondent by the learned Additional District and Sessions Judge (Special Court for E.C. and NDPS Act cases - bail granted on medical terms - Held that:- From the materials available on record, it is seen that the respondent has committed a heinous crime against the society. As per Section 37 of NDPS Act, there is a bar for grant of bail to accused person, who is in possession of commercial quantity. The learned Additional District an.. ....

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.. ....


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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