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- 2021 (7) TMI 1109 - MADRAS HIGH COURT
Levy of Entry Tax - Seeking forbearance on respondents and their subordinates from demanding or collecting entry tax on the imported goods - import of Rolls Royce Ghost Motor Car Vehicle bearing chassis number - HELD THAT:- The common man are motivated and encouraged to behave as a lawful citizen and pay tax and to thrive hard to achieve social justice in the society. If the rich, affluent and reputed persons fails to pay the tax as applicable, then this Court with pain, records that it would be a long way to achieve the constitutional goals - Even philosophically, accumulation of wealth or possessing the world's prestigious Car, Rolls Royce would not be of any assistance for a better life in our great Nation, as our country is enriched with culture and social values. Thus, this Court is of the considered opinion that the nonpayment o....... + More
- 2021 (7) TMI 1108 - KERALA HIGH COURT
Finalization of assessment order - grievance of respondent/writ petitioner has been that the appellants are not giving effect to the decision of the Appellate Tribunal in M/S. GLOBAL INDUSTRIES VERSUS THE COMMISSIONER OF CUSTOMS COCHIN [2011 (2) TMI 742 - CESTAT BANGALORE] - HELD THAT:- The appellants inform this Court that the appeal filed against Ext.P9 order is pending before the Supreme Court. It is not in dispute that the appeal is pending and the appellants do not have an order of stay in their favour against the implementation of the decision of the CESTAT. The undisputed fact situation is that the Supreme Court has not stayed the operation or implementation of decision of the CESTAT. The appellant is under obligation to implement the order of the CESTAT and ought to have complied with the writ of mandamus issued by this Court - Appeal dismissed.
- 2021 (7) TMI 1107 - MADRAS HIGH COURT
Validity of SCN - SCN was issued on the ground that it was issued without Jurisdiction - demand of service tax on services provided or received which all are not exempted under the provisions of the Act - petitioner falling under the definition "service provider" so as to issue show cause notice with reference to certain services rendered by the petitioner, or not - HELD THAT:- This Court is of an opinion that the High Court is expected to be slow in entertaining a writ petition against a show cause notice. A writ against a show cause notice may be entertained only if the said notice is issued by an incompetent authority having no jurisdiction or if an allegation of malafides is raised. Even in case of raising an allegation of malafides, the authorities against whom such an allegation is raised, is to be impleaded as party respo....... + More
- 2021 (7) TMI 1106 - PUNJAB & HARYANA HIGH COURT
Benami transactions - Power/authority to allow encashment of the FDRs - petitioners-Deepika Oberoi and Hina Oberoi who were minor at the time of filing this petition under Articles 226/227 of the Constitution of India have sought a writ of certiorari etc. for setting aside the impugned action of the respondent Nos. 1 to 3-Union of India/Income Tax Department whereby they have encashed 4 FDRs. of the petitioners in the denomination of ₹ 20,000/- each made on 6.5.1996 - whether father/mother of the petitioners were having any source of income for creating 4 FDRs. of huge amount in the denomination of ₹ 20,000 each way back in the year 1996? - HELD THAT:- The pleadings of the petitioners are blown away from the statement of their own mother and guardian-Kavita Oberoi wife of deceased Shanti Nath recorded on 6.1.1997 vide Annexure....... + More
- 2021 (7) TMI 1105 - KERALA HIGH COURT
Stay of demand - Recovery proceedings - Deduction u/s 80P denied - Assessing Officer has communicated to the petitioners that the petitioners should pay 20% of the demand and then apply for stay of demand -HELD THAT:- In the matter of Mavilayi Service Co-operative Bank Ltd.[2019 (3) TMI 1580 - KERALA HIGH COURT] the question regarding liability of the co-operative societies to pay the income tax assess was decided. The Division Bench of this Court relying on the said judgment in THE ANGADIPPURAM SERVICE CO-OPERATIVE BANK [2019 (7) TMI 375 - KERALA HIGH COURT], has quashed the action on the part of respondents with the direction that the Commissioner of the Income Tax should consider and dispose of the statutory appeals filed by the appellant co-operative societies at the earliest taking note of Full Bench decision in the matter of Mavilay....... + More
- 2021 (7) TMI 1104 - MADRAS HIGH COURT
Deemed Export scheme - supplies effected by the petitioner to M/s. Reliance Petroleum Limited for their project at Gujarat - new refinery project or not - applicability of exemption granted under the Customs Notification No. 36 of 1997, dated 11-4-1977 - HELD THAT:- As seen from the impugned orders, without any basis, just based on the Department of Economic Affairs Clarification, the respondents have rejected the petitioner’s claim for Customs duty exemption under the Notification dated 13-6-1997 issued by the Ministry of Finance (Department of Revenue). Hence, this Court is of the considered view that the impugned orders, namely, the order in appeal passed by the second respondent dated 5-6-2015 as well as the order of the Original authority dated 25-5-2010 passed by the fourth respondent have been passed by total non-application ....... + More
- 2021 (7) TMI 1103 - ANDHRA PRADESH HIGH COURT
Disciplinary action against the officers for granting irregular refund - name of the respondent/writ petitioner was included in the panel of Deputy Commissioner of State Tax, for promotion to the post of Joint Commissioner of State Tax but a stay was invoked and the promotion was not granted - period from 2007-08 and 2008-09 - HELD THAT:- It is admitted position that the name of the respondent/writ petitioner was included in the panel of Deputy Commissioner of State Tax, for promotion to the post of Joint Commissioner of State Tax for the panel year 2019-20. Though application for vacating the interim order passed inI.A.No.2 of 2018 in W.P.No.16392 of 2018 was filed, for reasons which may not detain us, the said application has not been disposed of and, therefore, the interim order passed earlier continues to remain in force. In view of s....... + More
- 2021 (7) TMI 1102 - ITAT INDORE
Penalty u/s 271E - contravention of the provision of section 269T of the Act for repayment of loan in cash exceeding the permissible limit - Assessee argued no proper satisfaction was recorded by the assessing officer - HELD THAT:- AO erred in levying penalty u/s 271E of the Act in the case of assessee as firstly revenue failed to prove whether assessee actually received any cash loan or repaid any cash loan from R.C. Upadhya and secondly Ld. AO was not having any jurisdiction to levy the penalty as no assessment proceedings were pending in the case of assessee and thus no satisfaction was recorded by the ld. AO to initiate the penalty. Thus, finding of ld. CIT(A) is set aside and Ld. AO is directed to delete the penalty - Decided in favour of assessee.
- 2021 (7) TMI 1101 - ITAT DELHI
Levy of penalty u/s 271(1)(c) - addition by estimating the profit at 14.5% as agreed by the assessee for such estimation - HELD THAT:- Hon’ble Bombay High Court in the case of CIT vs. Devandas Perumal & Co. [1982 (1) TMI 27 - BOMBAY HIGH COURT]has held that the presumption contemplated by the Explanation to section 271(1)(c) stood rebutted by the fact that there was no suppression of any sales or inflation of any purchases. The mere fact that the Income-tax Officer proceeded to estimate the net profit at a figure higher than that what was disclosed by the assessee, would not lead to the conclusion that there was a failure to return the correct income arising out of fraud or any gross or willful neglect on the part of the assessee. Hon’ble Delhi High Court in the case of Aero Traders Pvt. Ltd. [2010 (1) TMI 32 - DELHI HIGH ....... + More
- 2021 (7) TMI 1100 - ITAT AHMEDABAD
Revision u/s 263 - addition on account of interest paid to loan creditors - Addition u/s 68 treating the same as unexplained and non-genuine - CIT observed that when loan deposits were found to be non-genuine, remained unexplained and added the same to the total income of the assessee, then there would not be any question allowing the alleged interest expenditure thereon - HELD THAT:- Addition made by the AO under section 68 on the loan taken by the assessee treating the same as unexplained and non-genuine has not been disputed before us by the assessee, nor the issue of addition was contested by the assessee further on merit - we are of the view that the reason for invocation of revisionary power by the ld.CIT is obvious and specific because there is an inherent lack of examination/verification of the record at the end of the AO while fi....... + More
- 2021 (7) TMI 1099 - ITAT DELHI
Addition being 20% of the expenses debited under the head “Computer Expenses” - Disallowance on the ground that assessee did not produce proper details - HELD THAT:- The lower authorities have not pointed out any defect in the various details filed by the assessee. It also appears to us that the lower authorities have not gone through the details that pertain to the major amount of the computer, printing and stationery expenses. CIT(A) also without going through the details filed before the A.O. has simply rejected the details filed by the assessee before him on the ground that assessee has not filed any application for admission of additional evidences. When all these details are already on the record of the A.O, therefore, there is no necessity on the part of the assessee to file any application for admission of additional e....... + More
- 2021 (7) TMI 1098 - ITAT DELHI
Addition u/s 56 - difference between the circle rate and actual consideration received - Whether the learned CIT (A) as well as assessing officer was justified in not referring the property in question to the department valuation officer as demanded by the assessee and as per the provision of section 43CA read with section 50C? - HELD THAT:- Undoubtedly, the flat sold by M/s Techmen Buildwell (P) Ltd. for ₹ 55,16,000/- was less than the circle rate since the stamp duty was to be paid by the purchaser at ₹ 59,78,115/-. The difference between the circle rate and the actual sale consideration comes to ₹ 7.73% of the circle rate which is less than 10%. Mumbai bench of the Tribunal in the case of M/s John Flower (India) Pvt. Ltd. [2017 (1) TMI 1682 - ITAT MUMBAI] while considering an identical issue has deleted the addition m....... + More
- 2021 (7) TMI 1097 - ITAT DELHI
Levy of the penalty u/s 271D - assessee has violated provision of section 269SS - HELD THAT:- As decided in own case [2020 (6) TMI 410 - ITAT DELHI] there is no cash transaction entered into by the assessee with Shri Sant Lal Agarwal, the whole foundation for levy of the penalty u/s 271D has crashed. No information was placed before us by the departmental representative that the above order of the coordinate bench has been challenged or upset by the higher forum. Thus, the finding of the coordinate bench binds us - we do not have any other alternative but to quash the penalty levied by the learned assessing officer and confirmed by the learned CIT - A u/s 271D.
- 2021 (7) TMI 1096 - ITAT DELHI
Rectification of mistake u/s 154 - “assessee in default’ u/s 201(1) for not making TDS on interest payment - Assessee contested that all the form in Form No. 15G and 15H received by the deductor were also submitted to the department and therefore, tax was not deductible thereon - CIT (A) noted that the redrafting of ground of appeal after passing of the order u/s 154 of the Act by the ld AO is not acceptable because it amounts to substitution of appeal which was filed against the order demanding tax and that an appeal against the order of ld AO u/s 154 of the Act is not permissible - HELD THAT:- The fact clearly shows that original order passed u/s 201(1) and 201(1A) of the Act on 24.03.2014 where the Assessee was found to be an assessee in default and also charged interest thereon comprising all the above sum. The appeal befo....... + More
- 2021 (7) TMI 1095 - CESTAT BANGALORE
Classification of services - renting of immovable property service or Support Services of Business and Commerce - appellant/assessee is the first Electronic Software Technology Park promoted and funded by the Government of Kerala and is a State Government Company - amount received from KSITIL is towards Business Support Service or not - inclusion of notional interest on refundable deposits in value of taxable supply - taxability of sale of space or time for advertisement - bus service plying between the Technopark and Kariyavattom - tour operator service or not - time limitation - interest - penalties. Classification of services - assessee had acquired land and developed ETP by constructing buildings, roads, continuous power and water supply, security service, communication, housekeeping, medical attention including ambulance service etc........ + More
- 2021 (7) TMI 1094 - CESTAT HYDERABAD
CENVAT Credit - input services - services used in setting up their plants at the industrial township called Sri City - Rule 2(l) of the Cenvat Credit Rules, 2004 as amended with effect from 1-4-2011 - Department wants to deny them the benefit of the CENVAT credit on the ground that ‘services related to setting up of a factory’ which were specifically included prior to 1.4.2011 were no longer specifically included post 1.4.2011 - levy of interest and penalty - HELD THAT:- The definition of ‘input service’ prior to 1.4.2011 had two parts- a main part of the definition and an inclusive part of the definition. This inclusive part specifically included the services availed for setting up the factory. After 1.4.2011, it has three parts- a main part, an inclusive part and an exclusive part. The services used for setting u....... + More
- 2021 (7) TMI 1093 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , CHENNAI
Compromise and Arrangement - taking back the immovable and movable property or actionable claims of the ‘Corporate Debtor’ - affected person or not - compromise failure or not - promoters can act as resolution applicant or not - HELD THAT:- In the present case, the ‘Liquidator’ is playing the role of a ‘Resolution Professional’, since the ‘compromise proposal’ is placed before him, which is equivalent to a ‘Resolution Plan’. Further the ‘Resolution Applicants’ are entitled to be present when the ‘Resolution Plans’ are opened and placed before the ‘Committee of Creditors’ as per Scton 30(5) of the Code. At this juncture, they may point out whether one or other ‘Resolution Applicant’ is ineligible in terms of Section 29(A) of the Code....... + More
- 2021 (7) TMI 1092 - CESTAT CHENNAI
Levy of Service tax - amount collected towards liquidated damages - agreement to tolerate breach of timelines stipulated in the contract - agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act - period involved in all the appeal is after 01.07.2012 - interest - penalty - HELD THAT:- There is substance in the submission advanced by the learned counsel for the appellant that no service tax is payable on the amount collected towards liquidated damages as this issue has been decided by the Tribunal in favour of the appellant in M/S SOUTH EASTERN COALFIELDS LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, RAIPUR [2020 (12) TMI 912 - CESTAT NEW DELHI] where it was held that It is, therefore, not possible to sustain the view taken by the Principal Commissioner that penalty amount, for....... + More
- 2021 (7) TMI 1091 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI
Maintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - quantum of outstanding amount - HELD THAT:- In this case it is observed that there is no confirmation of counter claim of corporate debtor from operational creditor, even in the reply to the demand notice, it was unsupported by the invoices, delivery challans and GST payments. Truck Number - one of the consignment number is not correct and all the invoices and deliveries are of one day. Simply making GST payment cannot prove that they have supplied the material to the other side. The Corporate Debtor has never raised that they have due recoverable from the operational creditor prior to the issue of the reply to the demand notice. Rule 46 of CGST Rules, R/w Rule 48 of C....... + More
- 2021 (7) TMI 1090 - CESTAT CHENNAI
Levy of service tax - liquidated damages recovered by the appellant for acts of default - delayed or deficient supplies by various suppliers - consideration for tolerance of an act or not - penalties - HELD THAT:- There is substance in the submission advanced by the learned counsel for the appellant that no service tax is payable on the amount collected towards liquidated damages as this issue has been decided by the Tribunal in favour of the appellant in M/S SOUTH EASTERN COALFIELDS LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, RAIPUR [2020 (12) TMI 912 - CESTAT NEW DELHI] where it was held that It is, therefore, not possible to sustain the view taken by the Principal Commissioner that penalty amount, forfeiture of earnest money deposit and liquidated damages have been received by the appellant towards “consideration&....... + More
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