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2015 (7) TMI 1435
Validity of reassessment notice dated 31.5.1994 issued under Section 12 of the Rajasthan Sales Tax Act, 1954 - it is submitted that provisions of Section 12 are applicable in its spirit and the assessing authority is empowered for initiating reassessment proceedings for 'any reason' - HELD THAT:- The provisions of Section 12 of the Act though prescribe for reassessment in case of escaped assessment, or the assessee having been assessed at too low a rate in any year, the said provision cannot be applied in a case where the assessee has ....... + More
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2015 (7) TMI 1434
Exemption u/s 11 - depreciation on fixed assets - Double deduction - HELD THAT:- We note that the assessee is engaged in carrying out charitable activities by making donation to the different organizations, which are carrying out charitable activities as defined in section 2(15) - Before finalization of assessment, the assessee filed the necessary details, as called for by the Assessing Officer which were examined by him. Assessee filed copy of 12A certificate along with the certificate u/s 80G of the Act and also the certificate issued by Cha....... + More
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2015 (7) TMI 1433
Addition u/s 41 - Sales tax refund due to third parties which have also been paid to third parties but which has been treated as income in the hands of the Assessee - HELD THAT:- Admittedly, the Assessee has received Sales tax refund in respect of Texmaco Cement plant which had been taken over by the Assessee in 1995. The refund relates to Sales tax excessively paid by Texmaco for the years 1985-86 to 1992-93. CIT(A) failed to appreciate that the Assessee has credited the account of Texmaco with the Sales tax refund as is evidenced in the pape....... + More
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2015 (7) TMI 1432
Seeking cancellation of sale deed submitting that the deed in question was a sham document - committing of the murder of Brahmadeen by assaulting with lathi - High Court gave benefit of doubt to the accused and allowed their appeal acquitting them of all the charges levelled against them - HELD THAT:- It must be stated that PW4 Dr. K.N. Mehrotra, in his examination clearly stated that the injuries in question were possible because of crushing by a tractor. In the cross examination, all that was suggested was that such injuries could also be po....... + More
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2015 (7) TMI 1431
Dismissal from the service - respondent was granted 50% backwages from the date of attaining superannuation - HELD THAT:- It is apparent that the Labour Court has erred in deciding the preliminary issues concerning the fairness of the enquiry and the findings of the enquiry officer along with all the issues while delivering the impugned judgment. The procedure laid down in law, which has been considered by this Court and followed in the case of MAHARASHTRA STATE ROAD TRANSPORT CORPORATION VERSUS SYED SAHEBLAL SYED NIJAM [ 2014 (5) TMI 1229 - B....... + More
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2015 (7) TMI 1430
Corruption and amassing of uncounted money - seeking reference to the Central Bureau of Investigation (CBI) to take up, enquire and register First Information Reports and investigate into the dealings of the ninth respondent - ninth respondent was prior to his suspension, Chief Engineer in New Okhla Industrial Development Authority NOIDA, Greater Noida Industrial Development Authority, Greater NOIDA and Yamuna Expressway Authority - HELD THAT:- In the present case, an important aspect of the matter which merits emphasis is that initially on 13....... + More
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2015 (7) TMI 1429
Seeking grant of bail - transaction of purchase of certain medicines at exorbitant prices - HELD THAT:- The investigation demonstrates the involvement of the applicant who is the proprietor of M/s Daffodills Pharmaceuticals and M/s. Eastern Drugs Sanitary Products. The aforesaid allegations in the charge sheet are supported by evidence that has been filed along with the charge sheet itself and has also been explained by the learned counsel for the C.B.I. Similar grounds had been taken by one Devendra Mohan in a 482 application filed before thi....... + More
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2015 (7) TMI 1428
Levy of Service Tax - Tour Operator services - conducting outbound tours for performing Haj to Mecca and Medina - HELD THAT:- Both sides agree that the issue has been covered by the earlier decision of the Tribunal in the case of M/S COX KINGS INDIA LTD., M/S TRAVEL CORPORATION OF INDIA LTD. AND M/S SWAGATAM TOURS PVT. LIMITED VERSUS CST, NEW DELHI [ 2013 (12) TMI 1024 - CESTAT NEW DELHI] which stands followed in the subsequent decision - One such reference can be made to Tribunal s decision in the case of ATLAS TOURS TRAVELS PVT LTD VERSUS CO....... + More
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2015 (7) TMI 1427
Refund of accumulated and unutilized credit denied - denial on the ground that undertaking market survey for foreign entity does not amount to export of service - absence of certain facts from the concerned invoices - nexus of the service with their output service as also effect of invoices raised by the service provider paying in foreign currency. HELD THAT:- The Tribunal in TEXAS INSTRUMENTS (INDIA) PVT LTD VERSUS COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX [ 2014 (9) TMI 1135 - CESTAT, BANGALORE] in the appellant s own case invo....... + More
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2015 (7) TMI 1426
Capital goods - other goods (input, packing materials) - respondent has not followed the settled law and the interpretation for said goods made by the respondent being totally arbitrary has to be decided by the appellate authority - HELD THAT:- The respondent having miserably failed to follow the above said two legal positions, had also decided the two other issues with regard to issue relating to capital goods and other goods input, packing materials. No doubt, the learned counsel appearing for the petitioner was right is saying that the firs....... + More
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2015 (7) TMI 1425
Disallowance of loss incurred on sale of shares - AO opined that there was no reasonable basis to justify the sale of shares worth Rs. 3 crore for a sum of Rs.75,000/- only and, further, the transaction was not with an independent party at fair market value - CIT-A deleted the addition - HELD THAT:- AO was fully justified in rejecting the genuineness of the transaction of purchase and sale of shares on the test of human probability. The entire story concocted by the assessee and its group concerns is aimed at defrauding the Revenue with ulteri....... + More
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2015 (7) TMI 1424
Non-prosecution of appeal by Assessee - HELD THAT:- As assessee is not interested in pursuing her appeal. It was the duty of the assessee to make necessary arrangements for effective representation on the appointed date. Mere filing of appeal is not enough rather it requires effective prosecution also. In view of these facts, we are of the view that the appeal of the assessee is liable for dismissal. Appeal filed by the assessee is dismissed for non-prosecution.
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2015 (7) TMI 1423
Penalty levied u/s 271C - order passed u/s 201(1A) charging interest on the delayed payment of tax - HELD THAT:- No order was passed under section 201(1) of the Act holding the assessee to be in default. The Assessing Officer has passed an order under section 201(1A) of the Act charging interest on the delayed payment of tax. We have also carefully perused the relevant provisions of section 271C of the Act and we find that the penalty under section 271C of the Act can only be levied where the assessee fails to deduct the whole or any part of t....... + More
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2015 (7) TMI 1422
Reopening of assessment u/s 147 - Disallowance of broken period interest - Whether Tribunal was right in holding that the reopening of assessment was not proper ? - HELD THAT:- There is a specific finding of the Tribunal that re-openings were done after the end of four years from the assessment years in question and, therefore, the first proviso to Section 147 will squarely apply and it is required for the Revenue to show that there was failure on the part of the assessee to disclose fully and truly material facts necessary for the assessment........ + More
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2015 (7) TMI 1421
Ffixation of ceiling price under the provisions of the Drugs (Prices Control) Order, 2013 - male contraceptives (condoms) - the fixation of price is in conformity with the powers vested under the Essential Commodities Act, 1955 read with the Drugs and Cosmetics Act, 1940 or not - HELD THAT:- A product would not cease to be a medicine merely on the ground that its dosage and strength have not been specified. However, it is not clear as to how Paragraph 4 of DPCO-2013 can be made applicable to those formulations for which the dosage and strength....... + More
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2015 (7) TMI 1420
Commission of organised crime - threat of violence, intimidation, coercion or other unlawful means with the objective of gaining pecuniary or other advantages - acquittal of the accused - HELD THAT:- The he High Court held that once the Respondents had been acquitted for the offence punishable under the Indian Penal Code and Arms Act in Crimes No. 37 and 38 of 2001 and once the Trial Court had recorded an acquittal even for the offence punishable Under Section 4 read with Section 25 of the Arms Act in MCOCA Crimes No. 1 and 2 of 2002 all that ....... + More
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2015 (7) TMI 1419
Handwriting and age of ink used in the cheque - document referred to handwriting expert regarding the writings and age of the ink found in the said two cheques - HELD THAT:- Supporting the defence of the accused that he did not give the cheques much less he did not fill the part of the columns of the cheques and those were filled by somebody and different writings to the original writings and ink also different and he sought for sending the same - Thus, the learned Magistrate committed error in not considering the request equally in confirming....... + More
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2015 (7) TMI 1418
Suits for prosecution in summary fashion under order 37 applications for leave to sue - non-speaking order merely adverting to the plea raised on behalf of the plaintiff that the leave to defend might be granted subject to furnishing bank guarantees - violation of principles of natural justice - HELD THAT:- While holding that there is anything really substantial at all or there is any defense as with reference to some debit notes which the plaintiff has issued to the defendant, even this amount is denied by the plaintiff as still due and accor....... + More
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2015 (7) TMI 1417
Import of used tyres - hazardous waste - confiscation - HELD THAT:- Reliance placed in the case of COMMISSIONER OF CUSTOMS (IMPORTS), CHENNAI VERSUS VS. GOVINDAN [ 2013 (2) TMI 638 - MADRAS HIGH COURT ] where it was held that as per the United Nations Environmental Programme vis- -vis Basel Convention regarding Pneumatic tyres, the lifetime of an original tyre casing must not exceed seven years. Having perused the provisions of the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 and more particularly definition o....... + More
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2015 (7) TMI 1416
Registration of First Information Reports and investigation under the Prevention of Corruption Act, 1988 - Constitutional validity of Sections 2(v) and 2(c)(viii) of the Prevention of Corruption Act - HELD THAT:- Law making is a sovereign power and a State function. It denotes power vested with the State to regulate men under juridical laws. Wesley N. Hohfeld a renowned author of Fundamental Legal Conceptions as Applied in Judicial Reasoning classifies that jural correlative of 'power' is 'liability'. Thus, someone who holds th....... + More
