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TMI Updates - Newsletter dated: January 22, 2018


  1. Income Tax : Applications seeking exemption u/s 80G(5)(vi) - at the time of granting approval under Section 80G, what is to be examined is the object of the trust and so far as the aspect of income is concerned, same can be very well examined by the AO at the time of framing assessment. - The 80G(5) subsists the 12AA so far as examination of charitable nature of objectives is concerns. - Tri

  2. Income Tax : Treatment given to the rental income - assessee was not the owner of the premises - The objects of the company must also be kept in view to interpret the activities - Thus no hesitation to treat the rental income received by the assessee in the instant case as business income. - Tri

  3. Income Tax : Disallowance of advance given to employees being written–off - Except furnishing the name of some persons with amounts written against their names no other details or supporting evidence have been produced by the assessee to demonstrate advancement of money to the concerned persons. No supporting bills / vouchers have been produced - additions confirmed - Tri

  4. Income Tax : The payments received by the Applicant for rendering lighting and searchlight services to OCCG, would be taxable in India, under the provisions of the Income tax Act 1961. - AAR

  5. Income Tax : The gains arising from the alienation of shares of Bock GmbH, on account of its acquisition by GEA Refrigeration Technologies GmbH, the Applicant, shall not be taxable in India - No TDS liability u/s 195 - AAR

  6. Income Tax : Income taxability in India - even if for the sake of argument, it is assumed that MFPM has a business connection in India, it cannot be said that the income is deemed to accrue or arise in India as per Section 9(1)(i) of the Act, as no part of the income earned by MFPM from sale of equipment in India is attributable to the operations carried out in India - AAR

  7. Income Tax : Deduction u/s 54 eligibility - Applicant was entitled to the benefit provided by section 54, on account of his investment in a residential house in London, out of the capital gains arisen in India - prior to the prospective amendment made w.e.f 01.04.2015 by the Finance Act, 2014. - AAR

  8. Customs : SUB : Clarification on Customs (Import of Goods at Concessional Rate of Duty) Rules, 2017 - reg. - Trade Notice

  9. Customs : Sub : Discontinuation of Printing of EP copy of the Shipping Bill –reg. - Trade Notice

  10. Customs : Subject: Removal of goods from a Customs Station-instructions regarding affixation of one-time-lock, movement of ISO Tank Container from Customs Station to Warehouse under Customs Punch Seal - Trade Notice

  11. Customs : Applicable Rate of Duty - date of presentation of Bill of Entry - the importer had filed all the relevant particulars on 07.11.2017 itself, it was on account of the system related fault, the bill of entry got generated on 08.11.2017 - in the light of Section 15 of the Customs Act, 1962, the rate of duty applicable to the import in question will be the one that obtained on 07.11.2017 - HC

  12. Customs : Revocation of CHA License - Since the charge of negligence and nonadherence to the Regulations insofar as failure to fulfill and discharge the responsibilities has been proved, the penalty of revocation of license for a period of five years is justified - HC

  13. DGFT : Export Policy of Onions- Imposition of Minimum Export Price (MEP) - Notification

  14. Companies Law : Provision relating to Nidhis and its application, etc. - a declaration of mutual benefit societies and with Nidhi companies - Section 406 of the Companies Act, 2013

  15. Companies Law : Fee for filing, etc. - Amendments to bring more clarity with respect to late filings of documents under sections 89, 92, 117, 121, 137 and 157 and defaults in filings, consequences, etc. - Section 403 of the Companies Act, 2013

  16. Companies Law : Application of sections 34 to 36 and Chapter XX - closure of the place of business of a foreign company in India - limited application - Section 391 of the Companies act, 2013

  17. Companies Law : Application of Act to foreign companies - amendments to bring clarity with respect to applicability of provisions of the Act to foreign companies - Section 379 of the Companies Act, 2013

  18. Companies Law : Obligations of companies registering under this Part - Upon registration as a company under this Part a limited liability partnership incorporated under the Limited Liability Partnership Act, 2008 shall be deemed to have been dissolved under that Act without any further act or deed - Section 374 of the Companies Act, 2013

  19. Companies Law : Allows conversions into companies from partnership firms, etc. with two or more members provided that in case of less than seven members the conversion would be into a private company - Section 366 of the Companies Act, 2013

  20. Companies Law : Valuation by registered valuers - registered valuer shall not undertake valuation of any asset in which he has direct or indirect interest three years before appointment as valuer or three years after valuation of assets - Section 247 of the Companies Act, 2013

  21. Companies Law : Purchase of minority shareholding - Clarification amendment - for the words, "transferor company", the words "company whose shares are being transferred" substituted - Section 236 of the Companies Act, 2013

  22. Companies Law : Copy of inspectors report shall be made available only to members, creditors or any other person whose interest is likely to be affected - Section 223 of the Companies Act, 2013

  23. Companies Law : Central Government may appoint inspectors for determining true persons who have or had beneficial interest in shares of a company or who are or have been beneficial owners or significant beneficial owner of the company - Section 216 of the Companies Act, 2013

  24. Companies Law : Central Government or company to fix limit with regard to remuneration - the words "Central Government" omitted - Section 200 of the Companies Act, 2013

  25. Companies Law : Calculation of profits - requirement of not giving credit for profits on sale of shares or debentures for calculation of profit shall not apply to investment companies - Section 198 of the Companies Act, 2013

  26. Companies Law : Responsibility of Auditor to make a statement as to whether the remuneration paid by the company to its directors is in accordance with the provisions of this section, whether remuneration paid to any director is in excess of the limit laid down under this section and give such other details as may be prescribed - Section 197(16) the Companies Act, 2013

  27. Companies Law : Payment of managerial remuneration in excess of prescribed limits - requirement of obtaining approval of Central Government done away with, subject to special resolution and other conditions - Section 197 the Companies Act, 2013

  28. Companies Law : Appointment of managing director, whole-time director or manager - a person who has attained the age of seventy years - special resolution even if not passed, votes cast in favour of the motion exceed the votes, if any, cast against the motion, Central Govt. may approve the appointment - Section 196 the Companies Act, 2013

  29. Indian Laws : Arbitration - Once it is established that the party was justified in terminating the contract on account of fundamental breach thereof, then the said innocent party is entitled to claim damages for the entire contract, i.e. for the part which is performed and also for the part of the contract which it was prevented from performing - SC

  30. Insolvency and Bankruptcy : On a query as to why the Petitioner chose not to approach the NCLT, the response was that the Petitioner wanted to be governed by the repealed Act, i.e., SICA and not in accordance with the Code as provided for under Section 4(b). Such a submission lacks any legal basis and is liable to be rejected. - HC

  31. News : Defaulter of Income Tax TDS arrested and sent to jail by ​the ​Tis Hazari Court

  32. Central Excise : Valuation - the appellant has acted as a job worker - the mischief of Rule 10A of the Valuation Rules becomes applicable - the goods are required to the valued on the basis of the price at which the principal manufacturer sells such goods from their depot - Tri

  33. VAT and Sales Tax : Recovery of dues of the Company from the Directors - Petitioners cannot be held automatically responsible for outstanding dues unless the responsibility of the director was fixed after lifting the veil. Further, the company is not under liquidation. - HC

  34. VAT and Sales Tax : Rate of tax on mobile charger - The charger is admittedly neither classified nor priced separately on the package. It is also not invoiced separately. The MRP is of the composite package - Revenue therefore cannot be permitted to split the value of the commodities contained therein and tax them separately. - HC



Circulars / Instructions / Orders

News - Feeds

Case Laws:

More information of case laws are visible to the Subscriber of a package i.e:-
Party Name, Court Name, Date of Decision, Full Text of Headnote, Decision etc.

  1. 2018 (1) TMI 940

    Disallowance of bad debt - Held that - When, on the basis of similar evidence the first appellate authority has allowed assessee s claim for the assessment year 2009 10, we fail to understand why it was not allowed for the impugned assessment year. Further, when the Assessing Officer has not offered any adverse comment with regard to claim of bad debt in the remand report, what further rejoinder was expected from the assessee. As it appears, the ....... + More

  2. 2018 (1) TMI 935

    Rectification of mistake - coordinate bench deciding the matter ex-parte qua the assessee - Held that - In the facts and circumstances of the case and based on material available on record, the notices scheduling the date of hearing have been duly served on the assessee. Where the assessee chooses to remain silent by way of either not attending to the proceedings or authorizing any person to attend the proceedings on his behalf, the Tribunal cann....... + More

  3. 2018 (1) TMI 936

    Section 41(1) addition of cessation of liability - Held that - There is not dispute that the AO had invoked Section 41(1) of the Act on the ground that the relevant limitation period expired much earlier than the impugned assessment year. It has come on record that hon ble jurisdictional high court s judgment in case of Bhogilal Ramjibhai Atara (2014 (2) TMI 794 - GUJARAT HIGH COURT) has held in identical circumstances that the said sole reason d....... + More

  4. 2018 (1) TMI 937

    Estimation of rent made by the AO - annual rental value of the said flat u/s. 23 - Held that - It cannot be denied that there is no relationship whatsoever between the Licensor and the Licensee, viz. the Induslnd Bank in the present case, nor is there any finding that there are any suspicious circumstances or any fraud or collusion surrounding the Leave & License arrangement entered into by the appellant. That being so, the case of Tip Top Ty....... + More

  5. 2018 (1) TMI 938

    Disallowance of business loss - trading of currency derivatives on recognized exchange - treating the same as speculation in nature - Held that - As decided in IVF Advertisers Pvt. 2015 (5) TMI 706 - ITAT MUMBA allowing the appeal, that derivatives include foreign currency. Call options or put options were transactions of derivative markets and could not be termed speculative in nature. Therefore, the loss claimed by the assessee on account of fo....... + More

  6. 2018 (1) TMI 939

    Working capital adjustment - adjustment on account of receivables - Held that - Though in the instant assessment year, the working capital adjustment has already been allowed to the assessee, but in the order of the Ld. TPO, it is not clear at what point of time the receivables, inventory and payables are compared for computing working capital adjustment. Their level should be compared on average throughout the year. Further, it is also not evide....... + More

  7. 2018 (1) TMI 943

    Section 73 applicability - assessee deemed to be carrying on speculation business - Held that - The deeming provision is that any part of the business of a company consisting in the purchase and sale of shares of other companies, for the purposes of that section, the company would be deemed to be carrying on a speculation business to the extent to which the business consists of the purchase and sale of such shares, exceptions provided. The Assess....... + More

  8. 2018 (1) TMI 930

    Commission paid to overseas agent - assessee was unable to prove the need for commission @25% paid to M/s.Khadlaj Perfumes LLC, whereas commission incurred with other parties was @0.5% to 5.85% - addition u/s 153A - Held that - No addition can be made in respect of assessments which have become final if no incriminating material is found during search or during 153A proceedings. See CIT Vs. Kabul Chawla 2015 (9) TMI 80 - DELHI HIGH COURT ....... + More

  9. 2018 (1) TMI 931

    TPA - comparable selection criteria - Held that - We find that the assessee is engaged in the business of providing non binding advisory services, that it has used TNMM to determine the ALP of the IT s, entered into by it with its AE. s., that PLI shown by it was OP/OC, that profit margin of the IT. s. for the year under consideration, on the basis of data of three AY s, was 15. 03%, thus companies functionally dissimilar with that of assessee ne....... + More

  10. 2018 (1) TMI 932

    Carry forward and adjustment of unabsorbed depreciation after the lapse of 8 (eight) assessment years - Held that - Once Circular No.14 of 2001 clarified that the restriction of 8 years for carry forward and set off of unabsorbed depreciation had been dispensed with, the unabsorbed depreciation got carried forward to next A.Y.2002-03 and became a part thereof, it came to be governed by the provisions of section 32(2) as amended by Finance Act 200....... + More

  11. 2018 (1) TMI 933

    Treatment given to the rental income - Authorities below have treated these receipts as income from other sources only on the premise that the assessee was not the owner of the premises and the case relating to its ownership stood lost at the lower judicial level - Held that - This reason assigned by the ld. Authorities below to treat the rental income as income from other sources, in our considered opinion, is not tenable in view of the decision....... + More

  12. 2018 (1) TMI 934

    Addition u/s 14A(2) r.w. Rule 8D(i) - Held that - Keeping in view the judgment of the Hon ble High Court of Bombay in the case of Commissioner of Income-tax vs. HDFC Bank Ltd. (2014 (8) TMI 119 - BOMBAY HIGH COURT), the A.O prior to arriving at the aforesaid conclusion, ought to have verified the availability of the owned funds with the assessee. We thus restore the issue pertaining to disallowance made by the A.O under Sec. 14A(2) r.w Rule 8D(2)....... + More

  13. 2018 (1) TMI 929

    Applications seeking exemption u/s 80G(5)(vi) - substantial portion of the amount received by the Trust is incurred on the construction of the temple for which a significantly high construction cost is reflected in the balance sheet - Held that - It is admitted fact that the assessee are granted registration u/s 12AA. It is well settled position of law that at the time of granting approval under Section 80G, what is to be examined is the object o....... + More

  14. 2018 (1) TMI 928

    Disallowance of license fee u/s 37(1) - CIT- A upholding the order of the learned AO that the annual revenue share based license fee payable by the Appellant to Department of Telecom (DoT) qualifies as a capital expenditure being consideration for obtaining the telecom license and hence is amortisable u/s 35ABB - Held that - AO/CIT (A) have erred in disallowing the amount being the capital expenditure amortized u/s 35ABB incurred for obtaining te....... + More

  15. 2018 (1) TMI 926

    Rectification of mistake u/s 154 - addition in respect of payment of compensation for violating the terms and condition of non-solicitation and non-compete agreements - whether payment towards non-solicitation and non-compete agreements is revenue in nature? - Held that - Powers conferred u/s. 154 on the Assessing Officer are limited only to rectify the patent mistakes. The Assessing Officer cannot use the canon of section 154 to review its decis....... + More

  16. 2018 (1) TMI 927

    Applicability of sec 50C - DR contends that AO had rightly invoked Section 50C before making the impugned short term capital gains addition - income derived from sale agricultural land - Held that - We find no merit in the instant argument. It has come on record that the assessee s share in the land in question is only to the extent of 1/10th. The department itself has assessed the remaining two co-sharers namely Smt. Kalaben N. Patel (8%) and Sh....... + More

  17. 2018 (1) TMI 942

    Reopening of assessment - reasons to believe - Held that - Findings of the Assessing Officer must be honest and cogent, based upon some material available on record, to support the prima facie finding and not predicated on mere assumption and guess work. A complaint or information may merit examination and consideration, but every complaint does not merit reopening or proceeding under sections 147/148 of the Act. The Assessing Officer must examin....... + More

  18. 2018 (1) TMI 945

    Income chargeable to tax in India - income derived by the shareholders of Bock GmbH from the sale of shares of Bock GmbH, Germany - India-Germany DTAA - Bock GmbH, Germany holds 100% share capital of Bock India Private Limited - liability to TDS u/s 195 - Held that - Applicant s income cannot be brought to tax in India under the provisions of the Income tax Act 1961, as Bock GmbH derives its value substantially from its other companies situated i....... + More

  19. 2018 (1) TMI 941

    Liability for payment of interest under Section 234B - salary income earned by the petitioner outside India - miscellaneous petition before the Settlement Commission contending that there was a mistake apparent on the face of the record as the petitioner is not liable for payment of interest - Held that - Section 234(A) of the Act provides for payment of interest for defaults in furnishing return of income, Section 234(B) for defaults in payment ....... + More

  20. 2018 (1) TMI 944

    Taxability in India - payments received/to be received by the Applicant for rendering, lighting and searchlight services to the Organizing Committee, Commonwealth Games 2010, Delhi - India-Belgium Tax Treaty - Held that - Taking a restricted view of the term, it cannot be said that the Applicant had made available technical knowledge, experience, skill, know-how or processes, which enable the development and transfer of a technical plan or techni....... + More

  21. 2018 (1) TMI 950

    Seizure of goods - discrepancy in the quantity - also, penalty imposed on the ground that the goods, started their journey one week after the date of the invoice - Held that - discrepancy as regards quantity has been resolved and it is accepted to the department that the quantity of goods as disclosed in the documents is the same as found on physical verification - also, reason for which penalty imposed, prima facie cannot be the ground to seize ....... + More

  22. 2018 (1) TMI 949

    Seizure of imported goods - penalty - seizure on the ground that the E-Way Bill was not found accompanying the goods though admittedly, the goods were being imported against regular Tax Invoice - Held that - it does appear that the E-Way Bill had been downloaded and produced though with some delay but before conclusion of the penalty proceedings - there is no allegation of evasion of tax liability established either from the reading of the show c....... + More

  23. 2018 (1) TMI 948

    Difficulty in filing e-return - problem in the portal - waiver of penalty - Held that - taking note of the fact that the penalty fee has been waived for three months i.e. July, August and September 2017 and since the portal has been activated, no further orders are required in this writ petition - petition disposed off........ + More

  24. 2018 (1) TMI 925

    Power of seizure of goods - provisional release of seized goods - Held that - when the investigations are underway, we should not interfere. Secondly, these investigations are in relation to certain consignments and which have been dubbed to be not of Sri Lankan origin. The power of investigation and the power to seize the goods upon such investigation and further power to issue a seizure memo is not at all questioned. BR BR The goods obviously a....... + More

  25. 2018 (1) TMI 924

    Revocation of CHA License - forfeiture of security deposit - main allegation against the appellant was that the appellant has allegedly allowed Mr.Rajesh to use their licence for monetary consideration which violates the provisions of Regulation 12 of the 2004 Regulations - Held that - an authorised person was allowed to transact business. At the same time, the Commissioner holds that the said Rajesh may not have done complete acts which are to b....... + More

  26. 2018 (1) TMI 923

    Applicable Rate of Duty - date of presentation of Bill of Entry - what is the date on which the bill of entry in this case was presented by the petitioner under Section 46 of Customs Act, 1962? - Held that - the proviso to Section 46(1) states that the Principal Commissioner of Customs or Commissioner of Customs may, in cases where it is not feasible to make entry by presenting electronically, allow an entry to be presented in any other manner. A....... + More

  27. 2018 (1) TMI 922

    Transfer of shares - due to mismatch of signatures the Bank had refused to transfer those shares and put Stop mark - whether this Petition is not maintainable against the State Bank of India being not incorporated as a Company under the provisions of the Companies Act? - Held that - Respondent No. 5 has stated in the Affidavit in Reply that the shares were lost by him and the claimant Petitioner is not a bona fide person to lodge the claim in SBI....... + More

  28. 2018 (1) TMI 921

    Constitution of an Arbitral Tribunal - arbitration proceedings culminated in the Arbitral Award dated June 18, 2004 - works order - contract for installation of Low Tension Load Management Systems (LTLMS) at various locations - it was alleged that the appellant did not supply the list of locations where the contract objects had to be installed - also, the appellant did not renew the LC through which the lease rentals were being paid for the insta....... + More

  29. 2018 (1) TMI 952

    Corporate insolvency proceedings - existence of dispute - Held that - Operational Creditor is a person to whom operational debt is owed and includes any person to whom such debt has been assigned or transferred. The definition of Operational Creditor is not exhaustive but illustrative. It is capable of covering those heads which are not specifically mentioned in the definition. The definition of operational debt postulates that it is a claim in r....... + More

  30. 2018 (1) TMI 953

    Constitutional validity of Section 4(b) of the Sick Industrial Companies (Special Provisions) Repeal Act, 2003 - grievance of the petitioner is that its scheme, which was pending before BIFR, was at a very advanced stage and was almost on the verge of acceptance, a day prior to the notification of the Repeal Act - Held that - Once a law is repealed and a new legislation has been put in its place, it is not open for anyone to contend that it shoul....... + More

  31. 2018 (1) TMI 951

    Corporate insolvency process - no issue of notice - Held that - Admittedly, no notice was issued under sub-section (1) of Section 8 of the I&B Code . In terms with Rule 5, other informations were also not placed before the Adjudicating Authority. BR BR The 1st Respondent ( Operational Creditor ) having failed to provide all the details as required under Form-5 as noticed above, the application under sections 433 and 434 of the Companies Act, 1956....... + More

  32. 2018 (1) TMI 919

    Recovery of alleged dues pursuant to a contractual work - outstanding dues of service tax - jurisdiction under Article 226 - Held that - The question has been considered specifically in Hindustan Petroleum Corporation Limited and another Vs. Dolly Das 1999 (4) TMI 615 - SUPREME COURT wherein Court said that in absence of any constitutional or statutory rights being involved, a writ proceeding would not lie to enforce contractual obligations even ....... + More

  33. 2018 (1) TMI 920

    Rectification of Mistake application - grievance was that the adjudication order did not take into account the fact that AAI had discharged all its liabilities towards non-traffic revenue including the rent on Scope Complex which was in terms of the Finance Act, 1994 - Held that - it is significant that the order dated 8th January 2008, passed by the CST rejecting the rectification application itself notes that AAI had filed a revised return on 2....... + More

  34. 2018 (1) TMI 916

    SSI exemption - clubbing of clearances - dummy units - Held that - there are inconsistent appreciation of similar set of evidences by the Original Authority - When the confessional statements which were un-retracted were relied upon by the Original Authority, the same has not been found sustainable in respect of some of the noticees only on the ground that certain counter evidences have been produced.. BR BR The grievances now placed before us by....... + More

  35. 2018 (1) TMI 917

    Valuation - job-work - Rule 10A of the Central Excise Valuation Rules - Department was of the view that the inputs were manufactured by the appellant on job work basis for M/s Zydus and hence the valuation of the goods for purposes of charging excise duty were to be done in terms of Rule 10A of the Central Excise (Determination of Price of Excisable Goods) Rules, 2000. BR BR Held that - In terms of the agreement, it is evident that the appellant ....... + More

  36. 2018 (1) TMI 918

    Clandestine removal - excesses of stock - 132 MT of Bloom/Billet - non-accountal of stock in the records - 1158 MT of angles, channels, joist and other goods - Held that - the quantity of 132 MT is roughly one day s production and the explanation is that this would have been accounted but for the relevant documents being withdrawn by the officers - non accountal of this quantity of finished goods can be condemned in the light of the explanation o....... + More

  37. 2018 (1) TMI 914

    Clandestine removal - M.S. Ingots - the Revenue s entire case is based upon the investigations conducted by them in respect of entries made in the balance-sheet - Held that - It is not disputed on record that income reflected in the balance-sheet stands included by the assessee for payment of Income Tax. Such Income Tax Returns have also been assessed by the Income Tax Department. The said returns have also been audited by their statutory auditor....... + More

  38. 2018 (1) TMI 915

    Valuation - includibility of VAT in assessabla value - Revenue was of the view that the VAT liability discharged by utilizing the investment subsidy granted in form 37B cannot be considered as VAT actually paid, for the purpose of Section 4 of the Central Excise Act, 1944 - Held that - for the initial period the assessees are required to remit the VAT recovered by them at the time of sale of the goods manufactured. A part of such VAT is given bac....... + More

  39. 2018 (1) TMI 913

    CENVAT credit - input services - Club or Association Service - Health and Fitness Service - Held that - the disputed services were used and utilized by the appellant for accomplishing its business purpose. Since the period involved in this case is prior to March, 2011, benefit of Cenvat Credit under the un-amended definition of input service, should be available to the appellant in respect of the disputed services, inasmuch as, the Phrase i.e. ac....... + More

  40. 2018 (1) TMI 912

    Interest on delayed refund of unutilized credit - transfer of credit under Rule 57H(3) - scope of section 11B of CEA - whether the provisions of section 11B and 11BB OF Central Excise Act, 1944 are applicable to the proceedings of claim of refund by way of transfer under Rule 57H(3) of Central Excise Rules, 1944 or not? - Held that - similar issue came up before Hon ble High Court of Madhya Pradesh in the case of Midland Plastics Ltd. 2006 (4) TM....... + More

  41. 2018 (1) TMI 911

    Taxability - mobile charger - whether a mobile charger when sold as part of a composite package comprising the said article as well as a mobile phone is liable to be taxed separately treating it to be an unclassified item under the provisions of the U.P. VAT Act 2008? BR BR Held that - Admittedly, the mobile phone and charger are sold as part of a composite package. The primary intent of the contract appears to be the sale of the mobile phone and....... + More

  42. 2018 (1) TMI 910

    Time limitation - primary defence of the Defendant was that the sales tax forms pertained to the year 1991-92 but the suit for recovery was filed only in the year 2001. Hence, the Defendant claimed that the suit was barred by limitation - Held that - The Trial court specifically notes that the non-giving of the ST-1 forms, which is an admitted position, was a statutory obligation of the Defendant which was discharged by the Plaintiff only in the ....... + More

  43. 2018 (1) TMI 909

    Deemed assessment - It is the case of the Plaintiff that though the payments for purchases were made, the ST-1 forms were not submitted despite repeated requests - The respondent completed the assessment, by rejecting the objections of the petitioner. Hence, the petitioner is before this Court - maintainability of petition. BR BR Held that - Admittedly, the petitioner has an efficacious alternate remedy, by way of filing Appeal before the Appella....... + More

  44. 2018 (1) TMI 908

    Recovery of dues of the Company from the Directors - The case of the petitioners, in a nutshell, is that the directors of the company are not liable and the amount can be recovered only from the assets of the company - Held that - In the present case, respondent no.2 has not placed on record any material that the petitioners have played any fraud or misrepresentation - The notices, in the present case, have been issued mechanically. Petitioners c....... + More

  45. 2018 (1) TMI 907

    Validity of assessment order - Section 3(4)(b) of the TNVAT Act, 2006 - the petitioner contended that they did not have adequate opportunity to produce the documents namely purchase bills and prayed for one more opportunity to place all the materials before the Assessing Officer - principles of Natural Justice - Held that - Had the respondent afforded an opportunity of personal hearing to the petitioner, they would have been in a position to expl....... + More

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