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Showing 1 to 20 of 56 Records

  • 2017 (2) TMI 1228 - CENTRAL ADMINISTRATIVE TRIBUNAL, AHMEDABAD

    Shri Ramesh Chand Yadav, Son of Shri Hetram Yadav Ahmedabad Versus Union of India, through the Secretary, Department of Revenue, Ministry of Finance, North Block, New Delhi, The Chairman, Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, New Delhi, The Principal Chief Commissioner of Income Tax, Aayyakar Bhavan, Income Tax Office, Ahmedabad, The Secretary, Union Public Service Commission, New Delhi

    Legality of promotion to the cadre of ACIT on the basis of All India level seniority list pertaining to the cadre of Income Tax Officers (ITO) - Held that - There exists no All India seniority list pertaining to the cadre of ITOs based on the principles/ directions of the Hon ble Supreme Court in N.R.Parmar (2012 (12) TMI 872 - SUPREME COURT ). The fact that the cadre of ITO is a feeder cadre for promotion to the cadre of ACIT cannot be disputed........ + More


  • 2017 (1) TMI 1218 - NATIONAL COMPANY LAW TRIBUNAL, MUMBAI

    ICICI Bank Ltd. Versus M/s. Innoventive Industries Limited

    Company Petition under Insolvency and Bankruptcy Code, 2016 for realization of this money - Default by Corporate Debtor - Objective under MRU Act - Whether an order could be passed u/s.7 of the Code or not? - Held that - This Bench, on perusal of this documents filed by the Creditor, it is evident that the Corporate Debtor defaulted in making payments as mentioned above, and he has placed the record of the default with Information Utility and he ....... + More


  • 2016 (10) TMI 1107 - NATIONAL COMPANY LAW TRIBUNAL

    Esquire Electronics Versus Netherlands India Communications Enterprises Ltd.

    Allegations of oppression and mismanagement - Petitioners locus standi to file a petition - period of limitation - Held that - The cause of action, if any, arose to the petitioners on 30.9.2012 and the instant petition having been filed on 25.7.2016 is clearly beyond the period of three years provided by Article 113of the Limitation Act as noticed above. We suggested to the learned counsel that the petition is liable to be dismissed on that count....... + More


  • 2016 (6) TMI 1230 - CENTRAL ADMINISTRATIVE TRIBUNAL, AHMEDABAD

    Shri Jatashankar son of Shri Laxminarayan Meena Versus Union of India, through the Secretary, Ministry of Finance, Central Board of Direct Taxes, Department of Revenue, New Delhi, The Chairperson, Central Board of Direct Taxes, Department of Revenue, New Delhi, The Directorate General of Income Tax (Vig.) , O/o. Directorate General of Income Tax, New Delhi, The Addl. Director General Vigilance (West) , Government of India, CBDT, O/o. Addl. D.G., The Chief Commissioner of Income Tax, O/o. CCIT, , The Chairman, UPSC, New Delhi

    Holding DPC for the purpose of promotion from the cadre of Income Tax Officer (ITO) to the cadre of Assistant Commissioner of Income Tax (ACIT) for the vacancy year 2014-15 - Held that - No material whatsoever has been placed by the respondents before the Tribunal to show that even if the DPC were to consider the officers in the cadre of ITOs as per the All India Seniority List to be published in terms of N.R.Parmar (2012 (12) TMI 872 - SUPREME C....... + More


  • 2015 (4) TMI 1067 - CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI

    R.K. Jain Versus Rajender Prasad, CPIO, CESTAT

    RTI application - Held that - Point A(v) is about the address of the house stated to have been taken on rent of ₹ 10,000/- by Shri S.K. Verma at Bangalore. Point A(vi) is about providing the address of all the Government quarters/residential accommodation allotted to Shri S.K. Verma during his tenure at Bangalore. Point B is regarding providing of details of information whether the matter regarding fraudulent claim of income tax deduction b....... + More


  • 2015 (2) TMI 549 - CESTAT NEW DELHI

    WILLINGDON C. Versus RAJENDER PRASAD, CPIO

    Denial of information sought under RTI Act - Exemption from disclosure of Rule 8(1)(d) of RTI Rules - Held that - Rule 8(1)(d), which exempts certain information from disclosure. The same relates to information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the dis....... + More


  • 2014 (4) TMI 1181 - CENTRAL ADMINISTRATIVE TRIBUNAL, AHMEDABAD

    Mr. Dinanath Versus Ms. Sudha Sharma & Anr., Shri. Subrata Kumar Ray, The Chief Commissioner of Income Tax Aayakar Bhavan, Near Income Tax Circle, Ahmedabad

    Seniority between Income Tax Inspectors of the Income Tax Department - wilful disobedience in matter - Held that - Chairperson of the C.B.D.T has submitted an affidavit on behalf of the respondents in which she has categorically denied any willful disobeyed in this matter. She has stated that the seniority list of ITOs working under different charge is maintained by the respective charges (CCAs). However, for the purpose of consideration of ITOs ....... + More


  • 2014 (1) TMI 817 - CESTAT NEW DELHI

    RK. JAIN Versus NARESH KUMAR, CPIO, CESTAT

    Request for document - Right to information - Enquiry Report is pending with competent authority for taking appropriate action - Denial under Section 8(1)(h) of RTI Act - Held that - provisions of Section 8(1)(h) will not apply in this case because no further investigation is pending. The action that is to be taken on the report cannot be considered as a process of investigation . Therefore the CPIO is directed to furnish the information asked fo....... + More


  • 2013 (10) TMI 48 - COMPETITION APPELLATE TRIBUNAL

    Travel Agents Association of India Versus Balmer Lawrie & Co.

    Doctrine of legitimate expectation - direction of purchase the air tickets from specified airlines only - Abuse of dominant position - it was averred that the Government had position of dominance and the same was being used only in favour of Balmer Lawrie & Co. and M/s. Ashok Travels & Tours Ltd. thereby depriving the other travel agents who were members of the informant/appellant s business. It was pointed out that because of the aforeme....... + More


  • 2013 (8) TMI 253 - CENTRAL ADMINISTRATIVE TRIBUNAL, NEW DELHI

    RAMESH NAIR Versus UNION OF INDIA

    Applicability of Section 129(6) of the Customs Act on a person appointed as member(judicial) of CESTAT Held that - The phrase on ceasing to hold the office .. member shall include only those members who acquired right to hold office after their confirmation and not a member who is discharged during probation Also, in terms of Rule 3(2) of Customs, Excise and Service Tax Appellate Tribunal Members (Recruitment and Condition of Service) Rules, 1987....... + More


  • 2013 (2) TMI 507 - COMPETITION APPELLATE TRIBUNAL

    Kanazia Digital Systems (P.) Ltd. Versus Competition Commission of India

    Breach of provisions under Section 4 of Competition Act, 2002 - abused of dominance position - Appellant-company was engaged in development of telecommunication networks, security systems, display systems and traffic management systems filed information against AAI complaining that it was abusing its dominant position by specifying a particular technology, i.e., hydraulic bollards, in its procurement tender invitation notice for bollards, and, th....... + More


  • 2012 (6) TMI 843 - CENTRAL ADMINISTRATIVE TRIBUNAL, NEW DELHI

    Ashok Kumar Aggarwal S/o R.B. Aggarwal Versus Union of India through Secretary, Department of Revenue, Ministry of Finance, New Delhi and The Chairman, Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, New Delhi

    ... ...
    ... ... ity of keeping the officer under suspension at that point of time if the facts and circumstances so warrant. 49. In terms of the above orders, directions and observations, the Original Application is allowed. There shall be no order as to the costs.


  • 2012 (3) TMI 48 - CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH

    DK. Srivastava Versus Union of India

    Difference of opinion of members of Tribunal - Plea filed by applicant being Accountant Member of the ITAT, Chandigarh for invalidation of the transfer order by averring that it is punitive in character alleged difference of opinion in a judicial matter with private Respondent No.4, who made complaint against him Held that - In present case, applicant retained draft judgement of private Respondent No.4 for more than one month, which does not appe....... + More


  • 2010 (11) TMI 862 - Central Administrative Tribunal

    Inderjeet Singh Versus Delhi Transport Corporation

    ... ...
    ... ... referred to in the impugned order. No effort was made by the counsel for the applicant to distinguish his case from these judgments, therefore, this case being fully covered by the above judgments is dismissed at the admission stage itself. No costs.


  • 2010 (5) TMI 722 - CESTAT NEW DELHI

    RK. JAIN Versus CPIO, CESTAT, DELHI

    ... ...
    ... ... om 1-4-2010. The register should also indicate the officer who is maintaining the registers so that CPIO shall have advantage in future to have reference to such registers. 8. With the aforesaid observation and suggestion, RTI appeal is disposed off.


  • 2010 (2) TMI 674 - BEFORE THE TEXTILES COMMITTEE CESS APPELLATE TRIBU

    SONA PROCESSORS (INDIA) LTD. Versus TEXTILES COMMITTEE

    Clubbing of Demand Notice - The Demand Notices are based on the returns filed by the appellants and, therefore, Rule 8 cannot be invoked in this case - The appellants has argued that no opportunity was given and, therefore it de hors the rule and as such the Demand Notices are not sustainable under law. - Appeal cannot be filed against more than one Demand Notice - Each appeal has to be filed against one Demand Notice as per Rule 7(1) of the Text....... + More


  • 2009 (12) TMI 736 - CESTAT NEW DELHI

    RK. JAIN Versus CPIO, CESTAT, DELHI

    ... ...
    ... ... proper rectification before the next date of hearing. The appellant is satisfied that he shall not insist for further orders for which keeping the appeal pending is undesirable. Accordingly that is disposed off for no cause of action further existed.


  • 2009 (11) TMI 719 - CESTAT NEW DELHI

    RK. JAIN Versus CPIO, DEPT. OF REVENUE

    ... ...
    ... ... egal remedial action. 6. Regarding the direction of the CIC to allow hearing to the appellant, keeping in view the fact that the inspection of the relevant files are allowed this does not appear to be necessary. The appeal is accordingly disposed of.


  • 2009 (10) TMI 654 - RTI APPELLATE AUTHORITY AT CESTAT DELHI

    RK. JAIN Versus CPIO, CESTAT, DELHI

    ... ...
    ... ... volved in the remand proceeding and for the purpose of removing difficulties of all concerned in maintaining information as well as sharing thereof, Registrar shall do well to devise the system at the earliest and guide the Courtmasters and SPSs/PAs.


  • 2009 (6) TMI 30 - CESTAT, KOLKATA

    RK. JAIN Versus TK. SARKAR, PIO & ASSISTANT REGISTRAR, CESTAT

    Fee for RTI - appellant had asked for the details of pending appeals in which more than six adjournments have been granted and also about the appeals which have not been decided within 180 days from the date of granting stay - PIO has asked the appellant to pay additional cost of Rs. 6,83,340/- - Held that Considering all aspects of this case and taking into account the fact that two officials have been employed especially for 15 days to collect ....... + More


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Highlight: Notification regarding GST rate for branded cereal, pulses and flour

News: Notification regarding GST rate for branded cereal, pulses and flour

Highlight: Anti-dumping duty on import of bus/truck tyres from China

Highlight: Cabinet approves Extension of time period of the Scheme "Special Industry Initiative for J&K" (Sll J&K) - Udaan

Highlight: Non-payment of service tax - maintenance and repair charges - appellants had knowingly and deliberately shown the repair charges as job work charges to mislead about their taxability - demand confirmed.

Highlight: BAS - execution of the project of smart card for vehicle registration – implementing the SOC-VRC project - The fact that the Government has outsourced some part of the work and paid certain consideration for such outsourced work, does not make the activity subject to service tax.

Forum: Input tax credit

Forum: Cess paid instead of SGST

Forum: Excise duty credit on finished stock at additional place of business.

Circular: Amendments in Hand Book of Procedures 2015-20 –reg.

News: Cabinet approves Extension of time period of the Scheme "Special Industry Initiative for J&K" (Sll J&K) - Udaan

Highlight: Constitution of National Anti-profiteering Authority (NAA) under GST-reg. - Trade Notice

Highlight: Amendments in Hand Book of Procedures 2015-20 –reg. - Various amendments are made in Chapter-4 of Hand Book of Procedures 2015-2020.

Forum: GST rates on mobile recharge business

Circular: Constitution of National Anti-profiteering Authority (NAA) under GST-reg.

Forum: import purchase

Highlight: Sharing of expenses - BAS - promotion of business of group companies - sharing of expenditure for common facilities cannot be treated as service by one to another in such arrangement.

News: RBI Reference Rate for US $

Forum: 3B mistake

Article: Credit of unsold stock [Section 140(3)] - Actual Credit as well as Notional Credit - Part-I - GST Transitional provisions

Circular: Certain Clarifications sought on Construction Services provided in the Real Estate Sector – reg.

News: Anti-dumping duty on import of bus/truck tyres from China

News: Fast-track GST refund, else ₹ 65K cr may be stuck: Exporters

Highlight: It is open to the Settlement Commission to use best judgment in arrival of the figure. Nonetheless it has to explain the manner in which the best judgment figure has been arrived at by the Settlement Commission - HC

Highlight: Deemed dividend u/s 2(22)(e) - advances given to societies - in the absence of legal right of the assessee in the said society the amount advanced cannot be treated as deemed income.

Highlight: When electrical installations are treated as plant and machinery the depreciation has to be allowed @ 25% as per provisions contained u/s 32

TMI Note: Capital Gain - transfer of right in the land or transfer of land itself - addition u/s 50C - Harassment to the honest tax payers

Highlight: Option to avail composition scheme under GST by electronically filing an intimation in FORM GST CMP-02 and FORM GST ITC-03 upto 30-9-2017 - See Rule 3(3A)

TMI Note: Does ICDS apply for the purposes of computing exemption u/s 11 to 13.

Highlight: Voluntary Reporting of Estimated Current Income and Advance Tax Liability - CBDT issues draft notification

TMI Note: Certain ICDS provisions are inconsistent with judicial precedents. Whether these judicial precedents would prevail over ICDS.

Highlight: Provisions of ICDS shall prevail w.e.f. AY 2017-18 to the transactional issues dealt therein over earlier judicial pronouncements.

Notification: Levy of anti dumping duty on New/unused pneumatic radial tyres with or without tubes and/or flap of rubber (including tubeless tyres) having normal rim dia code above 16 originating in, or exported from China PR

News: Voluntary Reporting of Estimated Current Income and Advance Tax Liability

TMI Note: In case of conflict between ICDS and other specific provisions of the Income-tax rules, 1962 governing taxation of income like rules 9A, 9B etc. of the Rules, which provisions shall prevail.

TMI Note: Does ICDS apply to computation of Minimum Alternate Tax (MAT) u/s 115JB of the Act or Alternate Minimum Tax (AMT) u/s 115JC of the Act.

TMI Note: Where a term has not been defined under ICDS, nor under the Act, but has different interpretations given to it by the courts in tax cases, and in ICAI Accounting Standards, which interpretation would prevail while interpreting ICDS.

TMI Note: Whether the provisions of ICDS apply to a non-resident who claims the benefit of a double taxation avoidance agreement (DTAA).

TMI Note: In case any of the ICDS provisions is contrary to a circular or press release issued by the CBDT, which would prevail over the other.

TMI Note: ICDS-I requires disclosure of significant accounting policies and other ICDS requires specific disclosures. Where is the taxpayer required to make such disclosures specified in ICDS.

Notification: Income Computation and Disclosure Standards (ICDS) - New ICDS to be effective from AY 2017-18

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Highlight: GST - Detention of goods under transport - discrepancy in documents - the statutory provisions provide a mechanism for adjudication following detention of goods including for the provisional release thereof pending adjudication - HC

Highlight: Reassessment - first few paragraphs of the assessment order dealt with objections and disposed of accordingly - Unfortunately, the manner in which the AO has decided the issue is wholly unsustainable in law - HC

Highlight: Business expenditure u/s 37 - liquidated damage - breach of contract terms - Expenditure was not incurred for any purpose which is an offence or which is prohibited by law - cannot be disallowed - HC

Highlight: Valuation - inclusion of reimbursement of expenses - managing participation of clients in certain mela, fairs, promotional activities etc. - They are liable to service tax on the gross amount received - They cannot restrict their tax liability to only agency commission

Highlight: TDS liability - ITAT confirmed the liability - We do not see how it is possible for us to uphold the order of the Tribunal and when it purports to decide two Appeals of the Revenue by single paragraph conclusion - HC

Highlight: Reopening of assessment - sufficiency of material available with the AO to form a belief that income chargeable to tax had escaped assessment - bogus purchases - seller refused to respond - notice would not be interfered with - HC

Highlight: Exemption u/s 11 - education activities - transport and hostel facilities surplus cannot be considered as business income of the assessee society

News: Draft Notification for insertion of new rule 39A in the Income-tax Rules, 1962 – comments and suggestions-reg.



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