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Budget 2015-2016     -      Undisclosed Foreign Income and Assets


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  • 2015 (3) TMI 876 - ITAT CHENNAI

    The Dy. Commissioner of Income-tax Company Circle II(2) Chennai Versus M/s Hofincons Infotech and Industrial Services Pvt. Ltd

    Income Tax - Disallowance u/s 40(a)(i) - CIT(A) deleted disallowance - reopening of assessment - assessee had not deducted TDS u/s 195 as paid a sum as service charges rendered in Qatar for its Nigerian projects - Held that:- The CIT(A) has held that the payments in question are ‘fee for technical services’ and they are covered by exclusion u/s 9(1)(vii) of the Act with reference to the case law of Ajapa Integrated Project Management Consultant Pvt. Ltd.(2012 (6) TMI 404 - ITAT CHENNAI ). The Revenue’s plea.....

  • 2015 (3) TMI 854 - SUPREME COURT

    Commissioner of Income Tax, Gauhati & Others Versus M/s. Sati Oil Udyog Ltd. & Another

    Income Tax - Validity of the retrospective amendment to Section 143(1A) - whether the retrospective effect given to the amendment would be arbitrary and unreasonable inasmuch as the provision, being a penal provision, would operate harshly on assessees who have made a loss instead of a profit, the difference between the loss showed in the return filed by the assessee and the loss assessed to income tax having to bear an additional income tax at the rate of 20%? - Held that:- Object of Section 143(1A) is the .....

  • 2015 (3) TMI 853 - SUPREME COURT

    Taparia Tools Limited Versus Joint Commissioner Of Income Tax

    Income Tax - Interest upfront to the debenture holder - AO treated it as the 'deferred revenue expenditure',whether is allowable as a deduction in the first year itself or it is to be spread over a period of five years, being the life of the debentures? - assessee follows mercantile system of accounting - Held that:- In the instant case, as noticed above, the assessee did not want spread over of this expenditure over a period of five years as in the return filed by it, it had claimed the entire inter.....

  • 2015 (3) TMI 852 - DELHI HIGH COURT

    Commissioner of Income Tax Versus M/s. Abhinandan Investment Ltd., Medicare Investments Ltd., Jindal Equipments Leasing & Cons. Serv.

    Income Tax - Deduction of the losses - Tribunal directing AO to allow deduction of the losses at ₹ 111/- per NCD as a business loss - JISCO made certain arrangements with UTI in July 1994 according to which the allottees of NCDs could surrender all the NCDs to UTI after the application was made and UTI agreed to pay the balance allotment money (Rs.389/- per NCD) to JISCO and secure the NCD registered in its name - Held that:- The findings of the AO and CIT regarding the NCD funding not being at arms’ l.....

  • 2015 (3) TMI 851 - GUJARAT HIGH COURT

    Commissioner of Income Tax-I Versus Jolly Fantasy World Ltd.

    Income Tax - Proceedings initiated u/s 158BC - Tribunal accepting the additional grounds of the assessee which were raised after a lapse of 5 years of filing of second round of appeal and 14 years after the search to hold proceedings initiated u/s 158BC against assessee are void initio as the name of these assessees are not appearing in the authorization/requisition - Held that:- If a strict view is taken, one may say that the revenue could not agitate such question on the aspects of availability of the add.....

  • 2015 (3) TMI 850 - KARNATAKA HIGH COURT

    Commissioner of Income-tax, Bangalore Versus Infosys Technologies Ltd.

    Income Tax - Amount paid to M/s AT & T and MCI Telecommunication towards down linking charge - whether an allowable deduction even when no TDS under Section 195 of the Act has been made and provisions of Section 40(a)(i) of the Income Tax Act has not been complied with? - Held that:- The assessee was not in default for non-deduction of tax as the said payment cannot be treated as a royalty, the authorities were not justified in disallowing the expenditure. Therefore, no fault to be found with the order passe.....

  • 2015 (3) TMI 849 - CALCUTTA

    M/s Binani Cement Ltd. Versus Commissioner of Income Tax

    Income Tax - Expenditure incurred for preparation of the feasibility study report and capital-work-in-progress disallowed - disallowing the expenditure by ITAT in the earlier years, but written off during the previous year corresponding to the assessment year 2002-03 since the proposed project was abandoned - Held that:- The expenditure made for construction/acquisition of new facility subsequently abandoned at the work-inprogress stage was allowable as incurred wholly or exclusively for the purpose of asses.....

  • 2015 (3) TMI 848 - MADRAS HIGH COURT

    Autolec Industries Ltd. (Now Sundaram Fasteners Ltd.) Versus The Joint Commissioner of Income Tax

    Income Tax - Expenditure on replacement of plant and machinery - Capital v/s revenue expenditure - Tribunal allowing depreciation at 100% on the specified items - Held that:- Depreciation claim on energy saving/Air/Water pollution control equipments was not made while filing return of income, nor while filing details. Suddenly, the assessee company comes in March and claims that this equipments is also eligible for 100% depreciation. The assessee has no convincing support to sustain its claim. Many of the.....

  • 2015 (3) TMI 847 - DELHI HIGH COURT

    CIT-I Versus M/s. Malibu Estate P. Ltd.

    Income Tax - Income recognition - accountancy practices of the assessee for the relevant year - AO recomputed the income by treating advances against properties which had NIL outstanding balances, as sales and consequently the income of the assessee as felt that the appropriate method of accounting for revenue recognition was AS-7 supported by the Institute of Chartered Accountant - Held that:- As in CIT vs. Manish Build Well Pvt. Ltd. [2011 (11) TMI 35 - DELHI HIGH COURT] differentiating between the projec.....

  • 2015 (3) TMI 846 - MADRAS HIGH COURT

    The Commissioner of Income Tax Versus M/s. Atlas Export Enterprise,

    Income Tax - Entitlement to additional depreciation as per Section 32(1)(iia) - generation of electricity by wind mill amounts - ITAT allowed depreciation - Held that:- In the present case, the core business of the assessee is manufacturing and export of textile goods. During the assessment year 2006-07, the assessee had entered into the business of generation of power and installed one wind mill. The assessee maintained separate books of accounts for export division and the wind mill division. Since the.....

  • 2015 (3) TMI 771 - SUPREME COURT

    M/s. Kapri International Pvt Ltd Versus Commissioner of Wealth Tax, New Delhi

    Wealth tax - Valuation of net worth of assessee company - whether under Section 40(3)(vi) of the Finance Act, 1983, "the building" is used by the assessee as a factory for the purpose of its business - Held that:- No doubt, M/s Dior International P. Ltd. was manufacturing the garments for the assessee but it was charging the price for the same from the assessee and assessee was charging rent for the use of the premises. Therefore, the only relationship between the parties was that of the lessor and lessee an.....

  • 2015 (2) TMI 997 - ITAT KOLKATA

    Wealth Tax Officer, Wd-10(2) Kolkata Versus Ferrolite products Ltd.

    Wealth tax - Exclusion of values of land and house property from net wealth - renting out of property - commercial establishment or complex - assets are situated in urban area and have been shown under separate block in the audited accounts - Held that:- The facts emerges are that total area of land consists of 20164 sft out of which area is 10771 sft namely, the factory building, courtyard, electrical substation, labour quarters, office and godown etc. The assessee rented out this premises to M. S. Dalmia &.....

  • 2015 (2) TMI 816 - ANDHRA PRADESH HIGH COURT

    The Trustees of HEH Versus The Commissioner of Income Tax

    Wealth tax - Occasion to invoke section 21(4)the Wealth-tax Act - Accelerated interest in the trust properties - whether right to wear the jewellery is not an asset - whether interest of the beneficiaries in the trust property was assessable under section 164 of the Act ? - Held that:- The key expression that plays a pivotal role in attracting section 21(4) is indeterminate or unknown beneficiaries. In the instant case, the terms of the trust deed are very clear and unambiguous. Even while conferring a limi.....

  • 2015 (2) TMI 258 - ITAT HYDERABAD

    Shriram Chits Pvt. Ltd. Versus Dy. Commissioner of Wealth Tax, Hyderabad

    Wealth tax - Penalty u/s 18(1)(c) of the Wealth Tax Act, 1957 - concealment of value of property - Held that:- the fact that the value declared by the assessee of its Mumbai property was accepted by the AO in the assessments originally completed u/s 16(3) read with section 17 of the Act, again goes to show that the method adopted by the assessee to value its Mumbai property was a plausible one and although the same turned out to be a mistaken one, the facts and circumstances of the case show that the claim .....

  • 2015 (2) TMI 215 - ITAT DELHI

    JB. Roy Versus Dy. Commissioner of Wealth Tax

    Wealth tax - Enhancement in the value of land owned by the firm where the appellant is a partner - Rule 20 of Schedule III of the Wealth Tax Act 1957 - Held that:- land being used as business asset, its value was to be determined as per Rule 14 and not as per Rule 20 of Schedule III. - Following decision of Subrata Roy Sahara vs. DCWT [2015 (2) TMI 51 - ITAT DELHI] - Decided in favour of assessee......

  • 2015 (2) TMI 172 - ITAT PANAJI

    The Assistant Commissioner of Wealth Tax Versus M/s. Goa International School Pvt. Ltd.

    Wealth tax - Deletion of wealth tax - Land an urban land or not - Whether CWT(A), Panaji has erred in treating the company plot of urban land, which is liable for Wealth Tax is outside the purview of definition of assets u/s. 2(ea)(v) of the Wealth Tax Act - Held that:- as per the documentary evidence the land at Survey No.15,16,17,18,20, 21 and 22 is located within jurisdiction of village Panchayat Siridao Goa is not urban land as per definition contained in explanation 1(b)(i) of Section 2(ea). - distance .....

  • 2015 (2) TMI 122 - GUJARAT HIGH COURT

    DY. CWT Versus SODIUM METAL PVT. LTD.

    Wealth tax - Benefit of Section 40(3)(vi) of the Wealth Tax Act - Whether on the facts and in the circumstances of the case, the ITAT has substantially erred in law in directing to delete the value of the assets used for the purpose of earning lease rent income treating the same as business income and thereby giving benefit of Section 40(3)(vi) of the Wealth Tax Act. - Held that:- Tribunal while deciding the appeal rightly observed that after the unit was set up, the assessee had admittedly never carried out.....

  • 2015 (2) TMI 73 - KERALA HIGH COURT

    THE COMMISSIONER OF WEALTH TAX COCHIN AND THE WEALTH TAX OFFICER, WARD-1, MATTANCHERRY Versus MR. NAZIM ZACHERIA AND M/s. ABAD FISHERIES

    Wealth tax - Interest claim on refund - Whether the assessee is entitled to interest under Section 34A(4B)(a) of the Wealth-Tax Act, 1957 when the assessee had submitted return of self assessment - Held that:- With respect to refund and interest payable on refund, the nature of assessment is not very relevant. The assessee may submit return on self assessment. Some others may submit return belatedly. Yet some others may not file it at all. In some cases scrutiny becomes necessary. But in some other cases, sc.....

  • 2015 (2) TMI 51 - ITAT DELHI

    Subrata Roy Sahara Vs. DCWT Cent. Circle-6, New Delhi

    Wealth tax - Enhancement in value of land - Whether the first appellate authority has erred in confirming the addition made by the AO towards enhancement in the value of the land owned by the firm where the appellant is a partner - Held that:- Tribunal has upheld the first appellate order in that case wherein the first appellate authority had held that the Assessing Officer should have taken the value of assets as reflected in the balance-sheet. In this regard the first appellate authority had follow the fir.....

  • 2015 (2) TMI 22 - ANDHRA PRADESH HIGH COURT

    The Trustees of HEH Versus The Commissioner Of Income Tax

    Wealth tax - Wealth tax assessment - Wedding Gifts Trust - Levy of tax u/s 21 of the Wealth Tax Act - Whether the assessment has to be made under sub-section (1) or sub-section (4) thereof - Held that:- The terms of the Trust Deed are very clear and unambiguous. Even while conferring a limited privilege of wearing the ornaments in favour of the named women, the Trust Deed has clearly mentioned that on the death of the two women, the jewellery shall devolve upon their children - It is true that during the lif.....

  • 2015 (3) TMI 875 - PATNA HIGH COURT

    M/s. Advantage Media Consultants Pvt Ltd. Versus The Union Of India Through The Commissioner Central Excise And Others

    Service Tax - Mainatinability of appeal - Availability of alternate remedy - Held that- authorities of the Central Excise Department have been repeatedly issuing notices despite the matter having been settled by the Tribunal without even challenging the order of the Tribunal before the higher forum. - decision of the Tribunal would be binding upon the authorities so far as any point of law is settled therein subject to the right to challenge such decision before the higher forum. - However, considering the ot.....

  • 2015 (3) TMI 874 - CESTAT MUMBAI

    Raje Vijaysingh Dafale SSK Ltd. Versus Commissioner of Central Excise, Kolhapur

    Service Tax - Demand of service tax - manpower supply or recruitment service - M/s. Raje Vijay Singh Dafale SSK Ltd. (RVDSSK Ltd.), Sangli was a sugar factory and due to default in payment of loans, the said factory was taken over by M/s. Maharashtra State Co-operative Bank Ltd. who leased out the factory to M/s. Rajaram Bapu Patil SSK Ltd - Held that:- The lessor is the bank and the lessee is M/s. Rajaram Bapu Patil SSK Ltd. The appellant is the borrower. As per the agreement, the lessor being a secured cred.....

  • 2015 (3) TMI 873 - CESTAT MUMBAI

    Kirloskar Pneumatic Co. Ltd. Versus Commissioner of Central Excise, Pune-III

    Service Tax - Failure to pay service tax on the expenses recovered from the service-recipient - reimbursement of expenses - appellant had incurred travel expenses while providing output service and the said travel expenses were recovered from the service-recipient - contravention of the provisions of Section 68(1) read with Section 66 of the FINANCE Act - Held that:- A perusal of the sample invoice produced by the learned counsel, it indicates separately the inspection and service charges as also the to-and .....

  • 2015 (3) TMI 832 - CESTAT MUMBAI

    Sandvik Asia Ltd Versus Commissioner of Central Excise, Pune

    Service Tax - Service tax liability - Reverse charge mechanism - Imposition of penalty - Held that:- For the period 18.04.2006 to 31.3.2008 service tax liability along with interest gets fastened on appellant is required to discharge interest liability on the said service tax in accordance with law. This takes us to the penalty imposed by the lower authorities on the appellant specifically for the period 18.04.2006 to 31.03.2008. We find that the contentions raised by the learned C.A. have a strong force. We .....

  • 2015 (3) TMI 831 - CESTAT MUMBAI

    Commissioner of Service Tax Mumbai-I Versus Reliance Money Express Ltd.

    Service Tax - Denial of refund claim - Business Auxiliary Services - no ground to pay service tax as the service rendered by them would fall under the category of ‘Export of Service' and the service tax paid by them was under protest - Held that:- The issue is squarely covered by the majority decision of the Tribunal in the case of Paul Merchants Ltd. decision [2012 (12) TMI 424 - CESTAT, DELHI (LB)] wherein an identical issue involving the very same principal, M/s. Western Union Money Network Ltd. for mo.....

  • 2015 (3) TMI 830 - CESTAT MUMBAI

    M/s. Bharat Forge Ltd. Versus Commissioner of Central Excise, Pune-Iii

    Service Tax - Demand of service tax - Reverse charge mechanism - remuneration paid to the Overseas Commission Agent - held that:- Appellant is not liable to tax on reverse charge basis prior to the period 18.4.2006. Thus, the demand in appeal no. ST/86/07 is fully set aside along with penalty and interest. So far the demand in appeal No. ST/133/09 is concerned, we hold that the demand prior to 18.4.2006 is set aside. The appellant shall only be liable to pay the demand of Service Tax subsequent to 18.4.2006 a.....

  • 2015 (3) TMI 791 - CHHATTISGARH HIGH COURT

    M/s SEW Infrastructure Ltd. Versus Commissioner, Central Excise & Customs, Raipur.

    Service Tax - Liability of subcontractor for payment of service tax - discharge of service tax by the principal - Held that:- A reading of the circulars (Appendix-I) show that there is substance in the submission of the counsel for the Assessee. However, it is not possible for us to finally decide this point as neither the AO nor the Tribunal has recorded any Finding whether the BHEL has paid the service tax for the period in question for the services rendered by the Assessee or not. - Tribunal has already re.....

  • 2015 (3) TMI 790 - CESTAT MUMBAI

    Balaji Society Versus Commissioner of Central Excise, Pune - III

    Service Tax - Rectification of mistake - Held that:- As regards para 4.6, in the said para we have recorded the contention submitted by the learned DR during the course of arguments. So long as the same is not disputed by the DR, we cannot delete the said para. Para 4.6 merely records the contention raised by the DR on the matter and is not a finding or conclusion drawn by the Tribunal - As regards para 5.9, in the said para we have given consideration to the various contentions raised by both the sides and t.....

  • 2015 (3) TMI 789 - CESTAT MUMBAI

    M/s. Inox Air Products Ltd Versus Commissioner of Central Excise, Nagpur

    Service Tax - Demand of service tax - appellant during the material period involved in all these appeals has not included the value of supply of Electricity supplied free by the service recipient - Held that:- Departmental Representative submitted that the issue involved in these appeals and the order as cited is same and places on record a letter received from office of Commissioner of Customs, Excise and Service tax (Letter no. V(2)04/2012/R&T/594 dated 29.01.15 addressed to Addl. Commissioner (AR), CESTAT,.....

  • 2015 (3) TMI 788 - CESTAT CHENNAI

    Pepsico India Holdings Pvt. Ltd. Versus Commissioner of Central Excise, Pondicherry

    Service Tax - Banking and other financial services - Held that:- There appears no difference at all in the facts what that was covered by the cited decision to hold that present case is a different case. Therefore, the authority misconceiving the appellant to be financial company to tax the appellant does not arise - The facts in dispute are similar in appeals as at Sl.No.75 to 78 of the cause list. But so far as appeal No.ST/711/2010 listed in Sl.No.79 of the cause list, it is brought to our notice by learne.....

  • 2015 (3) TMI 868 - CESTAT AHMEDABAD

    M/s. Mahalaxmi Extrusions Versus Commissioner of Central Excise-Rajkot

    Central Excise - Denial of CENVAT Credit - Cenvat Credit is available only to the person, to whom the goods have been sold by the manufacturer and not to any other person - Held that:- Rule 9 of Rules 2004 provides that cenvat credit shall be taken by the manufacturer or the provider of output service or input service distributor, as the case may be, on the basis of an invoice issued by a manufacturer of inputs or capital goods from his factory or depot or from the premises of the consignment agent of the said m.....

  • 2015 (3) TMI 867 - CESTAT AHMEDABAD

    M/s. Personna Cosmetics, Shri Hakim Thanawala Versus Commissioner of Central Excise & ST., Vapi

    Central Excise - Clandestine removal of goods - Shortage of goods found - Charges framed on the basis of statement of appellant no. 2 - Held that:- appellant No.1 had taken stand that Shri Hakim Thanawala is not concerned with the appellant firm. It seen from the show cause notice that Central Excise officers visited the appellant s premises on the basis of intelligence and thereafter how they accepted Shri Hakim Thanawala as Director of the Company when the appellant firm is registered with the Central Excise a.....

  • 2015 (3) TMI 866 - MADRAS HIGH COURT

    M/s. Goyal Ispat Ltd. Versus The Custom, Excise and Service Tax Appellate Tribunal, The Commissioner of Central Excise

    Central Excise - Clandestine removal of goods - non-recording of the lorry being put to use for weighment - Held that:- Tribunal on the statement drawn in the mahazar and other records on which we did not want to dwell further to come to a different conclusion. Nevertheless, before this Court, the appellant while seeking to consider the first question of law, has failed to bring to our attention the plea of the Department in the appeal filed before the Tribunal that non-production of the mahazar witness was not .....

  • 2015 (3) TMI 865 - MADRAS HIGH COURT

    Commissioner of Central Excise Chennai III Commissionerate Versus The Concrete Products & Construction Company and Customs, Excise & Service Tax Appellate Tribunal

    Central Excise - Condonation of delay - Delay of 38/39 days in filing appeal - Held that:- Court is not inclined to agree with the finding of the Tribunal refusing to condone the delay of 38/39 days in filing the appeal. The reason for the delay has been explained by the appellant - From the explanation offered by the appellant, it is clear that a decision was taken by a Committee of Commissioners and, therefore, there is no scope for the concerned Commissioner to interdict and seek for earlier review by the Com.....

  • 2015 (3) TMI 864 - KARNATAKA HIGH COURT

    Dilip Kumar Versus Union of India Ministry of Finance, Central Board of Excise And Customs

    Central Excise - Appointment of ex-departmental officers are Authorised Representatives before the CESTAT - Petition seeking to declare that Rule 9 of Customs (Appeals) Rules, 1982 is ultra vires Customs Act, 1962 and Rule 12 of Central Excise (Appeals) Rules, 2001 is ultra vires the Central Excise Act, 1944 - Held that:- submission of that under Section 33 of the Advocates' Act, 1961, it is only an advocate enrolled therein, unless permitted by any other law, is entitled to practice before any Court or auth.....

  • 2015 (3) TMI 863 - GOVERNMENT OF INDIA

    M/s Positive Packaging Industries Ltd. Versus Commissioner of Central Excise, Custom & Service Tax, Raigarh

    Central Excise - Denial of rebate claim - Denial on ground that amount paid on part of ARE-1 value over and above the FOB value is not the duty of Central Excise but is to be treated as "excess payment" - rebate in terms of Rule 18 of the Central Excise Rules, 2002, is the rebate of Central Excise Duty paid on the exported goods - Held that:- As per section 35 EE of Central Excise Act, 1944 Central Government on the application of any person aggrieved by any order passed under section 35 A where order is of the.....

  • 2015 (3) TMI 862 - GOVERNMENT OF INDIA

    M/s Socomed Pharma Pvt. Ltd. Belapur Versus Commissioner of Central Excise Raigarh

    Central Excise - Denial of rebate claim - applicant a merchant-exporter has declared in impugned ARE-1 that they are availing benefit of 21/2004-C.E. (N.T.), dated 6-9-2004 and Notification 43/2001-C.E. (N.T.), dated 26-6-2001, however they failed to follow the mandatory provisions as required under Notification No. 21/2004-C.E. (N.T.), dated 6-9-2004 and Notification 43/2001-C.E. (N.T.), dated 26-6-2001 - Held that:- applicant prepared the ARE-1 under claim of rebate and paid applicable duty at the time of remo.....

  • 2015 (3) TMI 833 - GOVERNMENT OF INDIA

    IN RE : CIPLA LTD.

    Central Excise - Denial of rebate claim - Assessee paid duty @10% instead of @ 4% under Notification No. 4/2006, dated 1-3-2006 - Revenue contends that assessee did this in order to provide higher amount of rebate for the merchant-exporter - Held that:- The plain reading of instructions issued by C.B.E. & C. regarding assessment of export goods, reveals that the export goods shall be assessed to duty in the same manner as the goods cleared for home consumption are assessed. Further the classification and rate of.....

  • 2015 (3) TMI 826 - CESTAT MUMBAI

    MN. Furniture, Manoharlal G. Mistry, ND. Kularia Versus Commissioner of Central Excise, Belapur

    Central Excise - Duty demand - Carpentry work - appellant has manufactured various items of furniture without obtaining Central Excise registration and without payment of excise duty and without following any Central Excise procedure - Manufacturer or not - Bar of limitation - Held that:- appellant is not having control over the sub-contractor. Therefore, the appellant has clarified the test laid down by thisTribunal in the case of Shri Shankar Re-rolling Mills (1996 (8) TMI 229 - CEGAT, MUMBAI). However, other .....

  • 2015 (3) TMI 825 - CESTAT AHMEDABAD

    M/s Ambica Organics, Shri Anil Kumar Gupta, Shri Vinod Kumar Gupta Versus Commissioner, Central Excise & Customs, Surat-I

    Central Excise - Clandestine removal of goods - Clearance of goods without issuance of bills - Excess stock found lying in the factory - Confiscation of seized goods - Release of goods on issuance of bank guarantee - Held that:- entire case was made out on the basis of statements of the buyers and the computer printout. Commissioner (Appeals) already held that the evidentiary value of the statements is weak. It is also noted that the statements of the 30 persons were mostly similarly pre-drafted. The investigati.....

  • 2015 (3) TMI 861 - MADRAS HIGH COURT

    Commissioner of Customs (Exports) Custom House Versus M/s. Sayonara Exports Pvt. Ltd., Customs, Excise & Service Tax Appellate Tribunal

    Customs - Denial of refund claim - Section 27 - Whether claim of refund arising out of final assessment to be made vide an application u/s 27 or the same has to be refunded immediately u/s 18 not requiring assessee to move an application – bill of entries of import were provisionally assessed on 24.08.98 & 02.02.99 and duty was paid – refund arised on final assessment on 21.06.99, 15.06.99 – whether clause of unjust enrichment u/s 27(2) would be applicable - Held that:- The assessee has paid provisional d.....

  • 2015 (3) TMI 860 - MADRAS HIGH COURT

    M/s. Dunlop India Limited Versus The Customs, Excise & Service Tax Appellate Tribunal

    Customs - Waiver of pre deposit - Tribunal granted extension of the time to make the pre-deposit ordered in the stay petition - Held that:- It is seen from the order of the Tribunal that even though the assessee pleaded financial hardship before the Tribunal, the assessee did not produce any documents to prove the same. Before us also, learned counsel appearing for the appellant pleaded financial hardship but no details or documents have been furnished in support of such a plea. We find no good reason to .....

  • 2015 (3) TMI 859 - GOVERNMENT OF INDIA

    IN RE : MS. SORTERS PVT. LTD.

    Customs - Power of deputy Commissioner - Power to condone delay - Duty drawback claim - Held that:- The delay in filing drawback claim in both the cases was less than 3 months - As per provision of Rule 5 of Re-export of Imported Goods (Drawback of Customs Duties) Rules, 1995 as amended, the AC/DC of Customs is empowered to extend the initial period of 3 months by a period of the three months. - department has not challenged the genuinity of drawback claim but questioned the competency of AC/DC to condone.....

  • 2015 (3) TMI 820 - DELHI HIGH COURT

    Sudhir Sharma, RN. Zutshi, Ajay Yadav, Yash Pal, VK. Khurana, TRK. Reddy, Pradeep Rana, Anil Madan Versus The Commissioner of Customs, Union of India And Another

    Customs - Smuggling racket - Search and seizure - Illegally imported – Penalty on Revenue officers - abatement of smuggling - refusal of cross-examination request to the appellants - Held that:- SCN and findings of the Adjudicating authority have plainly brought out through various connecting strands of materials the interconnection between those involved in the smuggling and the present appellants. Apart from Mamoor Khan, the role of Dil Agha was highlighted; he figured time and again on various dates wh.....

  • 2015 (3) TMI 819 - KERALA HIGH COURT

    M/s. Ujwal International Ltd. Versus The Commissioner of Customs, Customs House, Willington Island, Kochi

    Customs - Suspension of license - prohibition of the operation of the custom broker licence issued to the petitioner - Held that:- when the regulation is silent with regard to compliance, principles of natural justice have to be read into. However, it has also been observed that, in the matter of paramount emergent situation, particularly in public interest, it may not always be necessary to grant 'pre-decisional hearing' with regard to the proceedings under Regulation No. 21 and that such action .....

  • 2015 (3) TMI 818 - CALCUTTA HIGH COURT

    Dinesh Kumar Goyal And Another Versus Air Customs Superintendent And Others

    Customs - Import of two television sets as baggage - petitioners claimed exemption of the entire amount of customs duty in respect of the said two television sets, on the ground that all the nine members of the joint family were travelling together, and the said televisions sets were to be used by members of their joint family - therefore he claimed refund of customs duty collected by the Customs authorities with interest - Held that:- Baggage Rules were framed under Section 79(2) of the Customs Act for .....

  • 2015 (3) TMI 817 - BOMBAY HIGH COURT

    M/s Nidhi Textiles Versus Commissioner of Customs, (Adjudication)

    Customs - Restoration of appeal - Appeal dismissed for non compliance of pre deposit order - Whether the CESTAT is justified in dismissing the Appeal of the Appellant only on failure to pre-deposit and without considering on merits for nonest order passed by the adjudicating authority without jurisdiction? - Held that:- even in matters of application seeking stay and waiver of the condition of predeposit, the Tribunal must apply its mind. The Tribunal must take into consideration relevant and germane test.....

  • 2015 (3) TMI 778 - BOMBAY HIGH COURT

    Chandrakant Thakkar, Ashte Logistic Pvt. Ltd., George Joseph Thokalath Versus The Commissioner of Customs (Exports)

    Customs - Violation of Regulation 6(n) and Regulation 9 - Imposition of penalty - Penalties under Regulation 12 (8) of the Handling of Cargo in Custom Area Regulation, 2009 and Section 158(3) of the Customs Act, 1962 and penalties on the co-appellant of ₹ 1 lakh each under Section 117 - Held that:- The allegations would reveal as to how the boundary wall of the CFS encompasses the whole area of Survey Nos. 117 and some 145 containers are stacked in the unauthorised area. The whole show cause notice .....

  • 2015 (3) TMI 777 - DELHI HIGH COURT

    M/s Wunderhommz Enterprises Pvt. ltd Versus Union Of India & Orscu

    Customs - Validity of auction sale - Petitioner's bid being highest in fourth auction was not considered and the goods were auctioned again in 5th auction - Held that:- In terms of Clause 3.10 of the Circular No. 12/2006, it is evident that the goods have to be sold to the highest bidder obtained in the third auction. In the present case, the difficulty is that the petitioner did not participate in the third auction. Therefore, even if the Circular No. 12/2006 were to be strictly adhered to, the petit.....

  • 2015 (3) TMI 776 - MADRAS HIGH COURT

    M/s. Binny Limited Versus The Commissioner of Customs (Imports) And Others

    Customs - Extension of warehousing period - petitioner failed to discharge its duty by not paying the duty due on the warehoused goods as undertaken by it - detained goods were sold in e-auction - said sale proceedings came to be cancelled since the bidder had not fulfilled the terms. - Held that:- request for re-export of the goods could be allowed even if the maximum period of warehousing had expired and demand notices had been issued and even if it had been decided to put the goods to auction - circula.....

  • 2015 (3) TMI 872 - PUNJAB & HARYANA HIGH COURT

    M/s Krishan Kumar Contractor Versus Union of India And Others

    VAT and Sales Tax - Rejection of assessee's tender - tender of the petitioner has been rejected for the reason that the petitioner has not produced the TIN number and has also collected the demand draft of amount of earnest money - Held that:- It is the terms and conditions of each department as to whether the registration under the Act is required or not. In fact, the terms and conditions, as attached with the petition, does not make any of the condition as directory. It appears that the tenderers are required.....

  • 2015 (3) TMI 871 - MADRAS HIGH COURT

    Sri Prakash Automobiles Versus The Commercial Tax Officer

    VAT and Sales Tax - Jurisdiction of High Court - Held that:- Admittedly, in this case, the sales had been done to the tune of ₹ 47,00,000/=. In view of section 3(4)(a)(ii) extracted supra, the respondent has no jurisdiction to assess the tax based on the purchase value. According to the petitioner, the respondent had taken the purchase value as yardstick without considering the provisions of the Act. The statute speaks about the Sales Tax turnover alone for the purpose of liability under section 3(4) of the T.....

  • 2015 (3) TMI 870 - GUJARAT HIGH COURT

    Ashish Traders Versus State of Gujarat

    VAT and Sales Tax - Validity of Tribunal's order - Whether, in the facts and under the circumstances of the case, the Gujarat Value Added Tax Tribunal was right in law and on facts in deciding the appeal on merits when the Deputy Commissioner (Appeals) had not decided the appeal on merits but dismissing it only for non payment of predeposit - Held that:- Following decision of JYOTI TRADERS Versus STATE OF GUJARAT [2015 (2) TMI 592 - GUJARAT HIGH COURT] - There are no distinguishing facts and circumstances on th.....

  • 2015 (3) TMI 869 - MADRAS HIGH COURT

    VK. Mohamad Tausiff & Co. Versus The Tamil Nadu Sales Tax Appellate Tribunal

    VAT and Sales Tax - Manufacture - conversion of wet blue leather into finished leather - whether process by which the wet blue leather is turned into finished leather amounts to 'manufacture'? Held that - conversion of wet blue leather into finished leather through several process such as splitting, shaving, neutralizing, bleaching, dyeing, fat-liquoring, stuffing, setting out, samming, drying, staking, and finishing. Wet blue leather loses its identity as wet blue leather and becomes a different commodity .....

  • 2015 (3) TMI 829 - RAJASTHAN HIGH COURT

    Assistant Commercial Taxes Officer Versus M/s. Indianoil Corporation Ltd.

    VAT and Sales Tax - Imposition of penalty - Determination of liability - penalty under sub-section (5) of Section 78, on proving violation of sub-section(2) of Section 78 of the RST Act, 1994 - Mens rea - Held that:- The violations enumerated in clauses (b), (c) and (d) of Section 10, may not necessarily result in prosecution with the possible imposition of sentence of imprisonment, as an alternative is provided in respect of these violations in Section 10-A. The word 'false' under Section 10(b), has two d.....

  • 2015 (3) TMI 828 - RAJASTHAN HIGH COURT

    M/s. Harit Polytech Pvt. Ltd. Versus State of Rajasthan & Others

    VAT and Sales Tax - Constitutional validity of Rajasthan Tax on Entry of Goods into Local Areas Act, 1999 - violation of freedom of trade, commerce and intercourse under Article 301, not saved by Article 304(b) of the Constitution of India, the Act - Held that:- In the State of Rajasthan, the Act of 1999 is still in force, in which the entry tax is levied on 55 items on varying rates from 0.25% to 65% on Sugar, Batasha, Mishri, Makhana and Sugar Toys (Entry No.1) @ 0.25% to Pan Masala (not zarda mixed) (Entry No.46.....

  • 2015 (3) TMI 787 - SUPREME COURT

    M/s. MP. Agencies Versus State of Kerala

    VAT and Sales Tax - Classification of goods - "Ujala Supreme" and "Ujala Stiff and Shine" - it is claimed that "Ujala Stiff and Shine" is a liquid form and is covered under primary form - Whether both the items fall under residuary entry 103 of S.R.O. No. 82 of 2006 which provides for rate of tax on items not covered by any of the entries in the list provided in the notification or by any entry of any of the Schedules to the Act? - Held that:- provision deals with the levy of tax on sale and purchase of goods and p.....

  • 2015 (3) TMI 786 - SUPREME COURT

    Commissioner of Commercial Tax Versus M/s. Desai Beedi Company, Andhra Pradesh

    VAT and Sales Tax - Denial of exemption claim - Inter state sale or intra state sale - assessee had purchased `Beedi' leaves, by participating in the auction conducted by the Forest Department, Government of Andhra Pradesh - After the purchase, the assessee had dispatched the said `Beedi' leaves to the head office in the State of Maharashtra - Whether the transactions in question are exigible to tax in the State of Andhra Pradesh under the provisions of the Act - Held that:- Assessee-herein is a branch offi.....

  • 2015 (3) TMI 785 - DELHI HIGH COURT

    BR. Fibres (P) Ltd. Versus The Commissioner Value Added Tax

    VAT and Sales Tax - Classification of sale - Whether the Tribunal fell into error in rejecting the assessee’s contention that the goods in question were inter state sales within the meaning of Section 3(a) of the Central Sales Tax Act - Held that:- assessee was able to substantiate its contention that 20 of the transactions were, in fact, inter state sales. This was because each one of them had the necessary supporting document in the form of GRs. However, in the case of these 6 transactions, there is no material t.....

  • 2015 (3) TMI 747 - MADRAS HIGH COURT

    The State of Tamil Nadu rep. By Joint Commissioner (CT) Versus Sri Ranganathar Valves (P) Ltd.

    VAT and Sales Tax - Levy of tax on the purchase turnover of goods under Section 3 (4) of the Tamil Nadu General Sales Tax Act - Held that:- since they had effected only export sales of finished goods by using the goods purchased against Form XVII declarations and have not transferred the goods to other state agent or to their own branch in other state in order to attract levy u/s 3 (4) of the Act. - Following decision of Tube Investment of India Limited Vs State of Tamil Nadu (2010 (10) TMI 938 - MADRAS HIGH COURT.....

  • 2015 (3) TMI 857 - PUNJAB AND HARYANA HIGH COURT

    Kuldip Singh Deol and another Versus Prem Malhotra

    Corporate Laws - Challenge to the acquittal of the respondent - offence punishable under Section 138 of the Negotiable Instruments Act - Held that:- The complaint was filed in personal capacity by Kuldip Singh Deol and Kewal Kaur and as per complainants, they gave friendly loan to the accused, whereas the cheques were issued in favour of the firm of the complainants as per the complaint. Therefore, there is also contradiction whether the friendly loan was given in personal capacity of the complainants or by the .....

  • 2015 (3) TMI 816 - BOMBAY HIGH COURT

    In Re : Casby CFS Pvt. Ltd., Casby Logistics Pvt. Ltd.

    Corporate Laws - Application for scheme of amalgamation under Section 394 of the Companies Act,1956 - Regional Director observation regarding contradictory statement in affidavit in relation to beneficial owner of the shares - Evading capital gains tax - Evading income tax - Retrospective appointed date - Held that:- The Learned Senior Advocate appearing for the Petitioners has submitted that afore stated issues pertaining to fixing of the liability qua payment of income tax and capital gains may independently b.....

  • 2015 (3) TMI 773 - CALCUTTA HIGH COURT

    JAYPEE TRADING CO. LTD. Versus THE OFFICIAL LIQUIDATOR

    Corporate Laws - Company in liquidation - Asset purchased before initiating liquidation - Execution of Deed of Conveyance for the said asset - Held that:- The winding-up petition was filed on 15th March, 1996 and the MOU and lease agreement are dated February 1999 and March 1999. Admittedly, by the said agreement possession and lease have been granted. This will amount to variation of the terms of the 1995 agreement and disposition of property and will therefore be hit by Section 536(2) of the 1956 Act. This wil.....

  • 2015 (3) TMI 727 - DELHI HIGH COURT

    In Re : Sapna Infracoloniser Pvt. Ltd.

    Corporate Laws - Application for sanction of Scheme of Amalgamation - Held that:- In view of the approval accorded by the Shareholders and Creditors of the Petitioner Companies; representation/reports filed by the Regional Director, Northern Region and the Official Liquidator, attached with this Court to the proposed Scheme of Amalgamation, there appears to be no impediment to the grant of sanction to the Scheme of Amalgamation. Consequently, sanction is hereby granted to the Scheme of Amalgamation under section.....

  • 2015 (3) TMI 726 - KARNATAKA HIGH COURT

    Tata Capital Financial Services Ltd. Versus SEA Rock Investments Ltd. and Others

    Corporate Laws - Winding up application - Liability of Corporate guarantors in case of default by borrower - Director was not authorised by board of directors to execute the guarantee - Held that:- The respondent Companies in these petitions are not the Borrower company in so far as the financial assistance provided by the petitioner. The petitioner contends that the respondents have offered corporate guarantee for repayment of the loan by the Borrower company. Though the respondents contend that the liability o.....

  • 2015 (3) TMI 688 - KARNATAKA HIGH COURT

    Pradot Technologies (P.) Ltd. Versus TP. Prabhakaran

    Corporate Laws - Valuation of shares - Valuation by independent valuer - Binding nature of valuation - Held that:- This apprehension of the respondents is misconceived. When the Company Law Board says it is binding on both the parties then it is binding on them, if they do not challenge the said finding. If they are aggrieved, they are at liberty to challenge it. Nowhere in the order it is said that the respondents have to purchase or sell at the rate to be fixed by the valuer. The Court has made it clear that i.....

  • 2015 (3) TMI 686 - SECURITIES APPELLATE TRIBUNAL MUMBAI

    Oracle Financial Services Software Limited Versus Securities and Exchange Board of India and Anothers

    Corporate Laws - Violation of clause 16 of the listing agreement - Time gap between the book closure and record date for interim dividend - Held that:- On perusal of clause 16 of the listing agreement, it is seen that in a year there could be more than one book closure for the purpose of declaration of dividend or the rights issue or bonus shares, etc. If more than one book closure is postulated under clause 16, then obviously time gap of 30 days under clause 16 would be referrable to the time gap between two bo.....

  • 2015 (3) TMI 685 - HIGH COURT OF DELHI

    Arun Bhardwaj Versus Onicra Credit Rating Agency of India Ltd.

    Corporate Laws - Petition for winding up under Section 433(e) and 434 of the Companies Act - Amount not paid but reflected on income tax website under 26AS - Petition filed after a gap of 2 years - Held that:- In my view, the respondent company has raised factual disputes that would require examination and there is no clear admission on the part of the respondent company of the amount claimed by the petitioner. The mere fact that income tax was deposited with the tax authorities for a payment that was proposed t.....

  • 2015 (3) TMI 655 - DELHI HIGH COURT

    MADHUBALA SHARMA Versus M/s ANAND PRATYABHOOT VITT NIGAM LTD. (IN LIQN.)

    Corporate Laws - Re-examination of claim by the official liquidator - Refund of amount to the official liquidator - Violation of principles of natural justice - Held that:- We find substance in the contention of the learned counsel for the appellant that re-examination thereof behind the back of the appellant by the Chartered Accountant and the filing of the application being C.A.No.01/2010 by the official liquidator behind the back of the appellant was contrary to the binding principles of natural justice as we.....

  • 2015 (3) TMI 654 - DELHI HIGH COURT

    In Re : Shubh Sponge Iron Private Limited And Others

    Corporate Laws - Application for Scheme of Arrangement / Amalgamation - Sections 391 to 394 of the Companies Act, 1956 - Regional Director observation regarding undertaking to comply with FEMA and RBI regulations , No objection from RBI with regard to proposed scheme , arrangement is not proposing to write off or reduce the value of any liability - Carry forward of losses - Held that:- It is submitted that all the Petitioner Transferor and Transferee Companies are Core Investment Companies (CIC) as defined in.....

  • 2015 (3) TMI 687 - DELHI HIGH COURT

    Sanjay Malviya Versus RK. Rawal, CEO, Enforcement Directorate

    FEMA - Misuse of telephone line - one ISDN line was made a permanent channel at each of the above premises and thereafter by using sophisticated equipment international calls were being distributed to Delhi & nearby areas illegally through PSTN (Public Switch Telephone Network) - One ISDN line has a bandwidth of 144 Kbps and this bandwidth was misused to make about 24 voice calls in one single ISDN call, which caused loss equivalent to the charges for 22 lSD calls to the Govt. of India in terms of fore.....

  • 2015 (2) TMI 1044 - MADRAS HIGH COURT

    Lalchand Versus Enforcement Directorate

    FEMA - Contravention of Section 9 (1) (b) and (d) of the Foreign Exchange Regulation Act, 1973 - Whether in a case where an offence was punishable with a mandatory sentence of imprisonment, a company incorporated under the Companies Act, can be prosecuted, as the sentence of imprisonment cannot be imposed on the company? - Held that:- In view of the decision of the Supreme Court in Standard Chartered Bank's case (2006 (2) TMI 272 - SUPREME COURT OF INDIA), which has also been rendered under the pr.....

  • 2015 (2) TMI 460 - APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE, NEW DELHI

    TRIVENI CARPETS INDUSTRIES Versus ENFORCEMENT DIRECTORATE

    FEMA - Imposition of penalty jointly and severally - failure to take reasonable steps for repatriation of export proceeds of US $ 23580.02 in respect of goods exported under 3 GRIs - Held that:- While going through the order of penalty, I have noted that there is hardly any discussion on the role of the partners that led to non-realisation of the export proceeds of the 3 GRs and the ld. adjudicating officer has not arrived at any finding to show that the partners were responsible for non-realisation of.....

  • 2015 (2) TMI 415 - APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE, NEW DELHI

    SAMPATRAJ R. SETH Versus SPECIAL DIRECTOR, ENFORCEMENT DIRECTORATE

    FEMA - Contravention of the provisions of Section 9(1)(b), 9(1)(d) and Section 64(2) r/w Section 9(1)(d) of Foreign Exchange Regulation Act, 1973 - Imposition of personal penalty - violation under Section 51 of FERA, 1973 - whether the adjudicating authority has given the appellant an opportunity of cross-examining the mahazar witnesses and the person who recorded the voluntary statement of the appellant - Held that:- Sh. Kiran S. Javali, Counsel for the appellant chose not to pursue the cross-examinat.....

  • 2015 (2) TMI 374 - CALCUTTA HIGH COURT

    BIMAL KUMAR KHERIA Versus ASSITT. DIRECTOR, DIRECTORATE OF ENFORCEMENT

    FEMA - Seizure of currency - cash balance found from factory premises - Held that:- Currency notes constitute property of the petitioner within the meaning of Article 300A of the Constitution of India. No person can be deprived of his property save by authority of Law. There is no explanation at all as to the circumstances in which the property of the petitioner has been seized. - writ application is disposed of by directing the respondents-authorities to return the cash seized on February 22, 2011 alo.....

  • 2015 (2) TMI 334 - GUJARAT HIGH COURT

    SHWETA PARK CO-OPERATIVE HSG. SOCIETY LTD. & 2 Versus UNION OF INDIA & 2

    FEMA - Proceedings for forfeiture of her property under SAFEMA - Removal of superstructure of property - Forfeiture of property - Ownership of property - Society opposed request of CGOVT for entering its property in its name that a member of the Society is only the owner of the superstructure, the ownership of the land always remains with the Society, and further that in view of Section 22 of the Gujarat Cooperative Society Act, the Central Government cannot be a member of the Cooperative Society - Hel.....

  • 2015 (2) TMI 296 - ALLAHABAD HIGH COURT

    Union of India Versus Dr. Dodamgoda Rewatha Thero

    FEMA - Condonation of delay - Held that:- A perusal of the averments made in the application moved by the appellant seeking condonation of delay in filing the appeal goes to show that the averments made in the application reflects that the explanation is wholly inadequate and unsatisfactory - Under Section 35 of FEMA, appeal against the decision or order of the Appellate Tribunal may be filed in the High Court within sixty days from the date of communication of the decision or order of the Appellate Tr.....

  • 2015 (2) TMI 260 - DELHI HIGH COURT

    Pinky Sharma Versus Union of India

    FEMA - Quashment of the detention order passed under Section 3(1) (i) & 3 (1) (iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 against Mr. Rameshwar Sharma (detenue), the petitioner’s husband, and a direction to set at liberty the detenue from detention - Held that:- In the matter at hand, after the alleged seizure of red sanders from possession and custody of the detenue on 28/29.09.2013, and conduct of investigation, the complaint was filed under Section .....

  • 2015 (2) TMI 217 - GUJARAT HIGH COURT

    VRUNDAVAN EXPORTS Versus UNION OF INDIA & 2

    FEMA - Waiver of pre deposit - Appeal dismissed for want of satisfying the predeposit requirement - Held that:- though as per subsection( 1) of section 15, an appeal against an order of penalty or redemption charges should ordinarily be accompanied by payment of such amounts, it is within the power of the appellate authority to waive fully or in part such requirement either unconditionally or subject to conditions if it is found that such deposit would cause undue hardship to the appellant. - Under the.....

  • 2015 (2) TMI 174 - DELHI HIGH COURT

    VK. Verma And Others Versus Enforcement Director

    FEMA - Violations of Sections 9 (1) (a), 19 (1) (d) as well as 29 (1) (b) read with Section 68 FERA - Held that:- although the AO was passed on 15th October 1990, the order passed by the AT staying recovery of the penalty amount was not passed till 26th May 1995. Then again admittedly the stay order was not formally communicated to the parties. Although the ED appears to have not taken steps to recover the penalties during this entire period, it woke up on 27th December 1999 i.e. more than 9 years afte.....

  • 2015 (3) TMI 858 - SUPREME COURT OF INDIA

    JV. Baharuni Versus State of Gujarat

    Misc - Matter remanded back by high court for de novo trial - Summary Trial - Criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881 - Section 143 of Negotiable Instrument Act, 1881 - De novo trial should be exercised as a last resort. Held that:- On scrutiny of record available in SLP(Crl) No. 5623 of 2012, we found that there has been in total 82 hearings spread over five years. Out of 82 hearings, 67 hearings were done by Jt. C.J. (J.D.) and J.M.F.C., Veraval. The Magistra.....

  • 2015 (3) TMI 856 - SUPREME COURT

    National Bank Limited Versus Ghanshyam Das Agarwal & Others

    Misc - Article 13 of the Uniform Customs and Practice of Documentary Credits (UCP) 500 - Letter of Credit - Standard for examination of documents - Held that:- In trans-border or international transactions, trade depends almost entirely on the faith reposed in banking institutions to secure the price of the exported goods, commodities etc. The Exporter can legally and reliably expect that the Bankers will watch its interests by ensuring that the exported consignment shall be released to the buyer only.....

  • 2015 (3) TMI 855 - SUPREME COURT OF INDIA

    Union of India etc. Versus T. Nathamuni

    Misc - Proper authority to investigate cases of corruption - Special Judge for CBI cases, Madurai allowed the G.A. Suriya Kumar, Sub-Inspector of Police to investigate the case - whether the order passed by the Magistrate permitting the Sub-Inspector, CBI, Chennai to investigate the matter can be sustained in law. - Held that:- As noticed, on the basis of the permission accorded by the Magistrate, the Sub-Inspector, CBI proceeded with the investigation and finally submitted charge-sheet. It was only af.....

  • 2015 (3) TMI 834 - SUPREME COURT

    Rajamani Versus State of Kerala

    Misc - Offense punishable under Section 55(a) of the Kerala Abkari Act - Seizure of 218 plastic cans which contained 33 litres of spirit - Interest of appellant in contraband goods - Held that:- There is nothing on record to suggest that the appellant had any such interest. The Investigating Officer ought to have made an endeavour to identify those behind the purchase and transport of the contraband. He should have looked for the consignor and consignee both. That is because arrest and prosecution of t.....

  • 2015 (3) TMI 827 - MADRAS HIGH COURT

    S. Manickam Versus The Commissioner of Commercial Taxes, The Accountant General (A&E) Office of the Account General & The District Treasury Officer,

    Misc - Decrease in pension of petitioner - The allegation made under the charge is that during the year 2004-2005, he had issued seven Transit Passes to a registered dealer M/s. VNMAD Firm, to a total value of ₹ 15,08,250/- for the interstate movement of goods on consignment sales to the Pondicherry Union State and thereby facilitated the trader to evade sales tax at the rate of 4% and that by the above said act, he has failed to maintain integrity, devotion to duty and thus violated Rule 21 of .....

  • 2015 (3) TMI 815 - DELHI HIGH COURT

    Anil Kumar Batla Versus Allahabad Bank

    Misc - To challenge order passed by the Debt Recovery Appellate Tribunal (DRAT) - Sale of asset under SARFEASI Act - Public notice need to be published in two leading newspapers. - Held that:- Unless and until a clear 30 days notice is given to the borrower, no sale or transfer can be resorted to by a SECURED CREDITOR. In the event of any such sale properly notified after giving 30 days clear notice to the borrower did not take place as scheduled for reasons which cannot be solely attributable to the b.....

  • 2015 (3) TMI 814 - SUPREME COURT

    Shreya Singhal Versus Union Of India

    Misc - Validity of Sec.69A and information technology rules 2009 - Validity of Section 118 (d) of the Kerala Police Act - Held that:- The Preamble of the Constitution of India inter alia speaks of liberty of thought, expression, belief, faith and worship. It also says that India is a sovereign democratic republic. It cannot be over emphasized that when it comes to democracy, liberty of thought and expression is a cardinal value that is of paramount significance under our constitutional scheme. - Sectio.....

  • 2015 (3) TMI 813 - SUPREME COURT

    The Revenue Divisional Officer Fort, Kochi & Others Versus Jalaja Dileep & Another

    Misc - Whether the order of conversion of land passed by the Tahsildar under Kerala Land Tax Act would circumvent the provisions of beneficial legislations such as Kerala Conservation of Paddy and Wetland Act, 2008 and the Kerala Land Utilization Order, 1967 - Held that:- Rectification of mistake narrated in Section 18 relates to the apparent mistake on the face of the record in relation to any order passed by the prescribed authority, appellate authority or the revisional authority under the Act. Ther.....

  • 2015 (3) TMI 774 - SUPREME COURT

    Tarun Engineering Syndicate Versus Vijay Power Generators Ltd.

    Misc - Complaint under Section 138 of the Negotiable Instruments Act - Statement of the appellant under Section 313 of the Code of Criminal Procedure, 1973, recorded - Material documents not placed when statement was recorded - Held that:- In our opinion, the appellant is right in his contention. Since these documents were material, the appropriate course of action for the High Court was to remand the matter back to the trial court for recording a supplementary statement of the appellant under Section .....

  • 2015 (3) TMI 772 - COMPETITION COMMISSION OF INDIA

    Smt. Konika Mukherjee Versus Himalaya Realestate (P.) Ltd.

    Misc - Abuse of dominant position under section 4(2)(a)(i) of The Competition Act,2002 - Change in the terms of allotment of flats - Held that:- As per OP's own website, it had only one residential project in the relevant market. The informants did not submit any information on the presence of other players in the relevant market in which OP was operating. However, as per the information available in public domain, there are many other real estate developers such as Supertech, Amrapali Group, K.V. .....

 
 

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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