-
GST
-
2023 (11) TMI 715
Levy of penalty - goods being transported without e-way bill under U.P. G.S.T. Act, 2017 read with Rules framed thereunder - HELD THAT:- The infraction occurred during the period 01.02.2018 to 31.03.2018 - Learned Division Bench of this Court in M/S VARUN BEVERAGES LIMITED VERSUS STATE OF U.P. AND 2 OTHERS [ 2021 (10) TMI 429 - ALLAHABAD HIGH COURT] held so far as the matter is squarely covered by a decision of Division Bench of this Court in M/S GODREJ AND BOYCE MANUFACTURING CO. LTD., L.G. ELECTRONICS INDIA PVT. LTD., BHARTI AIRTEL LIMITED, M/S GUALA CLOSURES (INDIA) PVT. LTD., M/S. RAS POLYTEX PVT. LIMITED, RIMJHIM ISPAT LIMITED, RIMJHIM ISPAT LIMITED, M/S. GAURANG PRODUCTS PVT. LTD., M/S. ADITYA BIRLA FASHION AND RETAIL LTD., M/S. NAVYUG AIRCONDITIONING AND M/S. PROACTIVE PLAST PVT. LTD. VERSUS STATE OF U.P. AND 02 OTHERS AND ST....... + More
-
2023 (11) TMI 714
Seeking provisional release of goods seized - search and seizure operations that were conducted in the premises of the petitioner - It is the respondents case that the petitioner had invested the sale proceeds of such clandestine trade in purchasing silver - HELD THAT:- The silver seized by the respondents was released to the petitioner at their office on 09.11.2023. The office of the respondent is located at the fourth and fifth floor of the building at Plot No. 6, Arrow Corporate Tower, Kaushambi, Ghaziabad. However, after releasing the said silver, the respondents had once again, seized the same from the petitioner at the ground floor of the said premises. Thus, in effect, the petitioner was permitted to carry the silver out of the office but a seizure was once again effected on the ground floor of the said premises. Clearly, the r....... + More
-
2023 (11) TMI 713
Cancellation of GST registration of petitioner - registration has been obtained by means of fraud, willful mis-statement and suppression of facts and no details were furnished to the petitioner - principles of natural justice - HELD THAT:- The Court had held that by issuing a cryptic show cause notice, the authorities had violated the principles of natural justice. From the impugned order as well as the show cause notice, the reasons for cancellation are not decipherable therefrom. The show cause notice and the impugned order are quashed and set aside. The petition is allowed solely on the ground of violation of principles of natural justice. The show cause notice as well as the order cancelling the registration are quashed and set aside with a liberty reserved to the respondent to issue a fresh notice with particulars of reasons in....... + More
-
2023 (11) TMI 712
Cancellation of GST registration of petitioner - existence of statutory alternative remedy - HELD THAT:- From a bare reading of the notice, reply furnished thereto and the impugned order it transpires, in the first place a wholly non-speaking show- cause notice was issued to the petitioner. Besides making reference to the statutory requirement/ obligation on a registered person to issue a tax invoice only against actual business transaction, no fact allegation was made in that notice of any violation/ infringement of that statutory requirement, committed by the petitioner. Neither date or detail of the tax invoice nor goods involved nor their value etc. nor the purchaser were disclosed. Even the period during which the law may have been allegedly infringed by the petitioner, was not specified in the show-cause notice. At the same time,....... + More
-
2023 (11) TMI 711
Validity of impugned notice and order - notice was issued against the dead person - ex-parte impugned order - Legal representative - HELD THAT:- The Assistant Commissioner, Central Goods Service Tax, Division-I, Noida in the impugned order has taken note of the factum of the death of the husband of the petitioner. The impugned order also states that opportunity of personal hearing was accorded and dates were fixed but neither any authorized representative appeared nor any communication was received from the party even though the communication was made by the department on registered address and registered e-mail - the department was required to serve notice upon the petitioner being the legal representative of the deceased before proceeding in the matter. The impugned order nowhere records that notice issued by the department was ser....... + More
-
2023 (11) TMI 710
Validity of Show Cause Notice (SCN) - Clandestine supplies of Pan Masala without payment of GST and Cess - Evasion of duty - it is alleged that notice issued with oblique motive, based on incorrect facts, contains numerous inaccuracies - HELD THAT:- Having perused the records particularly to the contents of the Show Cause Notice impugned, prima-facie, it is found that the allegations leveled against the petitioners have substance. It is not required to venture into the correctness or otherwise of the allegations set out in the impugned Show Cause Notice as the same would involve fact appreciation and with respect to the same the petitioners have adequate statutory remedies available by filing appropriate objections to the Show Cause Notice and lead defence evidence controverting the allegations. Suffice is to note that there is no....... + More
-
2023 (11) TMI 709
Validity of Show Cause Notice (SCN) - Payment of tax under the compounding scheme under Section 8(f)(i) of the KVAT Act - Wrongful availment of TRAN Credit - HELD THAT:- TRAN credit is transitional input tax credit made use of by a dealer under the KVAT Act regime under Section 140(6) of the KGST Act 2017, it is specified that the dealer who was either paying tax at a fixed rate or paying a fixed amount in lieu of the tax payable under the existing law shall be entitled to take, in his electronic credit ledger, credit of eligible duties in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed day. The petitioner has claimed credit of this TRAN credit in its returns for the period from 01.07.2016 to 30.06.2017. The Judgment in the case of M/S. USHA MARTIN LIMITED, VER....... + More
-
Income Tax
-
2023 (11) TMI 708
Reassessment proceedings u/s 147/148 - Reason to believe - increase in the source of funds from the previous AY in the form of share capital, security premium, share application money, and long-term unsecured loans without corroborating evidence - HELD THAT:- As because AO realized that the information received by him from ITO (Nahan) via letter dated 12.03.2018 concerned the preceding period, he attempted to commence reassessment proceedings under Section 147/148 of the Act by simply comparing the source of funds reflected under various heads in the balance sheets for the preceding AY and the AY in issue. Furthermore, that there was a gap in the enquiry is evident from the following. First, the respondent/revenue emphasized the fact that information was sought from the petitioner/assessee via notice dated 20.03.2018 before it iss....... + More
-
2023 (11) TMI 707
Reopening of assessment u/s 147 - appellant/revenue did not issue a notice u/s 143(2) - assessee had objected to the notice u/s148 being directed to the old address - belated return of income filled - HELD THAT:- The notice issued under Section 148 of the Act to the respondent/assessee, was, indeed, directed to its old address even though the AO had been intimated, that there had been not only a change in the physical address of the respondent/assessee but also its email ID. Furthermore, the appellant/revenue had directed the intimation issued under Section 143(1) of the Act, concerning AY 2013-14, to the new address. This occurred even though the ROI, filed for AY 2013-14 on 01.08.2013, bore the old address. The reason, perhaps, was that the AO was already aware of the address change. Tribunal has also recorded a finding of fact ....... + More
-
2023 (11) TMI 704
Accrual of income - Exemption u/s 10(37)- Taxability of interest received under Section 28 of the Land Acquisition Act (hereinafter referred to LA Act) from Government, on delayed Award of compensation on compulsory acquisition of agricultural land - HELD THAT:- As decided in Smt Ramesh Bai vs. ITO [ 2022 (5) TMI 1056 - ITAT DELHI] interest received under Section 28 of the LA Act by the assessee is part of enhanced compensation and is not liable for Income tax.
-
2023 (11) TMI 703
Unexplained cash deposit in the bank account - onus to prove - cash deposited by the assessee was treated as unexplained income of the assessee by the AO on the reasoning that the assessee failed to make satisfactory explanation regarding the sources of such cash deposit - HELD THAT:- We note that the assessee offered explanation regarding the sources of deposit made in the bank accounts and in support its explanation furnished copy of cash book and bank books - As the activity of withdrawing the cash, keeping the same as it is and redeposit the same in the bank after considerable period is very unusual practice but there is no prohibition under any of the law for the time being in force for doing such activity. Thus, merely an unusual activity of the assessee does not give an authority to the revenue to make the addition to the total ....... + More
-
2023 (11) TMI 702
Penalty u/s 271(1)(c) - assessee had not filed return of income despite having received salary income - case of the assessee is that it had filed return of income in response to the notice issued u/s 148 and disclosed the particulars of income and Merely because the assessee failed to file return of income under a wrong conception of law, should not be the basis for imposing the penalty - HELD THAT:- The undisputed facts are that the employer have deducted the tax on the salary and deposited in the bank accounts. So far the employer is concerned, there is no default reported by the lower authority. The default on the part of the assessee is regarding non-filing of the Income Tax return. The factum of receipt of salary came into notice of AO through 26AS. The explanation regarding non-filing of income tax return is stated that the asses....... + More
-
2023 (11) TMI 701
Scope of Limited scrutiny under CASS - Capital gain computation - deduction u/s 48(ii) from the Long Term Capital Gains in respect of the indexed cost of interest paid for acquisition of the house property sold by the assessee - whether disallowance of deduction u/s 48(ii) from LTCG in respect of the indexed cost of interest paid for the acquisition of the house property sold by the assessee, made by AO by travelling beyond the issue for which this case was selected for limited scrutiny under CASS is without jurisdiction - HELD THAT:- The assessment order is silent as to the allowability or otherwise as to why this indexed cost of interest expenditure on loans borrowed cannot be allowed as deduction. However, the appellant had claimed deduction towards interest expenditure while computing the capital gains on sale of said two flats....... + More
-
2023 (11) TMI 700
Foreign tax credit - belated submission of Form No. 67 which was mandatorily required to be filed before the filing of Income tax return - where Form 67 is filed belatedly even though the credit amount of all foreign tax credit has been claimed in the Income tax return whether the assessee is eligible to claim such FTC - HELD THAT:- We notice that this issue had come up for adjudication before us in various other cases wherein also, the decision of other Tribunals have been cited and it has been consistently held that filing of From 67 is merely directory in nature and even if it is filed belatedly, the assessee deserves the FTC. We find support from the decision of Sonakshi Sinha vs. CIT [ 2022 (10) TMI 107 - ITAT MUMBAI ] and Satreena Consultants Pvt. Ltd., Kolkata v. ITO [ 2023 (2) TMI 1154 - ITAT KOLKATA ] We are thus inclined to hold that the ld. CIT(A) has rightly allowed the claim of FTC - Ground raised by the revenue is dismissed.
-
2023 (11) TMI 699
Unexplained cash credit/deposits u/s 68 - negative cash balance shown by assessee - assessee`s case was selected for limited scrutiny under CASS on reason that there is large cash deposit during the year - HELD THAT:- As assessee furnished the bank statement and the cash details before the Assessing Officer - certain cheques were dishonoured and there are some contra-entries in the bank statement, which were not considered by the Assessing Officer, for example in the bank statement of State Bank of India, there is a cash deposits to the tune of Rs. 1,01,500/- on 08.04.2016, such cash deposit has been reversed by the bank on 11.04.2016. Such contra-entries getting reflected in the bank statement of State Bank of India. Similarly other cheques deposited to the tune of Rs. 1,01,090/- has not been examined by the Assessing Officer, wh....... + More
-
2023 (11) TMI 698
Penalty u/s. 271D - mandation of recording satisfaction - as pr AO no reasonable cause for acceptance of cash by the assessee company from one of its Directors and considered that it is a fit case for levy of penalty - contravention of the provisions of section 269SS - HELD THAT:- Admittedly, in the quantum proceedings both in the case of the assessee company and in the case of Sri Arunachalam Manickavel [ 2018 (11) TMI 1325 - ITAT VISAKHAPATNAM] the Hon ble Tribunal has held in favour of the assessee. Further, the reliance placed by the Ld. AR on the judgment of the Hon ble Supreme Court in the case of CIT vs. Jai Laxmi Rice Mills Ambala City [ 2015 (11) TMI 1453 - SUPREME COURT] wherein the Hon ble Supreme Court has held that the Ld. AO has to record his satisfaction for the purpose of initiating penalty proceedings under the Act. ....... + More
-
2023 (11) TMI 697
Denial of treaty benefits treating the assessee as a conduit company set up - Taxability of long-term capital gain claimed as exempt under Article 13(4) of India Mauritius DTAA - assessee is non-resident corporate entity and tax resident of Mauritius holding a valid TRC - HELD THAT:- It is fairly well settled that TRC issued by the competent of a particular country determines the tax residency of a particular person/entity. The aforesaid position has not only been accepted by the Revenue in Circular No. 789, dated 13.04.2000, but while upholding the validity of the aforesaid Circular, the Hon ble Supreme Court in case of Azadi Bachao Andolan [ 2003 (10) TMI 5 - SUPREME COURT ] has also held that the person/entity holding a valid TRC would be entitled to the treaty benefits. Subsequently, the aforesaid legal position has been follo....... + More
-
2023 (11) TMI 706
Validity of Revision u/s 263 - PCIT was of the view that the cash withdrawn was utilised to purchase inventory and was thus, directly hit by the provisions of Section 40A(3) - As per the PCIT, there was non-application of mind by the AO since he had not noticed the provisions of Section 40A(3) - ITAT set aside revision orders - HELD THAT:- It is this order of the PCIT which has been reversed by the Tribunal. What is not in dispute is that the respondent/assessee had not claimed any expenditure with regard to the cash that was withdrawn. The reason for this was that the said money was utilised for the purchase of a parcel of land, which in the books of accounts of the respondent/assessee was shown as stock-in-trade, which in essence got neutralised being reflected in the closing stock. Therefore, clearly the provisions of Section 4....... + More
-
2023 (11) TMI 696
Denial of Registration u/s 12AA/12AB - Absence of registered instrument - as assessee neither registered with registrar of Public Trust nor it is registered with Companies Act and that assessee failed to file documentary evidence to satisfy the genuineness of such activities against such order - HELD THAT:- It is an admitted fact that assessee / Bar Association has not obtained any registration either under Gujarat Public Trust Act or under any other statutory provision. We find that Rule 17A, which deals with the registration u/s 12AB has been substituted with effect from 01.04.2021 and as per substituted provision prescribed under clause-(c) of sub-Rule-2 of Rule 17A, the assessee is required to furnish certified copy of registration with registrar of Companies or registrar of farm and society or registrar of Public Trust, as the cas....... + More
-
2023 (11) TMI 705
Certificate of deduction of lower tax u/s 197(1) - mandation of recording satisfaction determining the existing and estimated liability of an Assessee - Claim rejected on the ground that the petitioner has not filed Returns for the four years preceding the subject financial year i.e., 2023-24 - Whether the respondent s rejection of the petitioner s application by the impugned order is based on satisfaction that is contemplated under Section 197(1) of the IT Act ? - HELD THAT:- The provisions of Section 197(1) of the IT Act stipulate that where tax [at the rates in force under the different provisions mentioned therein] on the income of any person , or a sum payable to any person , is required to be deducted at the time of credit or at the time of payment as the case may be, the Assessing Officer, on an application made by a....... + More
-
2023 (11) TMI 695
Penalty u/s. 271B - Assessee not getting the books of account audited as per requirement of law - HELD THAT:- As decided in the case of Hindustan Steel Ltd. [ 1969 (8) TMI 31 - SUPREME COURT ] liability to pay penalty does not arise merely upon proof of default and that penalty cannot be imposed unless the party obliged either acted deliberately in defiance of law or was guilty of conduct contumacious or dishonest, or acted in conscious disregard of its obligation. In the present case, the assessee offered its explanation in the penalty proceedings stating the delay for getting the books audited for want of letter from Buldhana Urban Credit Co-op. Society, Buldhana and the books were audited immediately after the letter received from the said society. Further, books were audited on 01-02-2010 and were available for examination durin....... + More
-
2023 (11) TMI 694
Registration of Society u/s 12AB - cancellation of the provisional registration/approval granted by the CPC on the ground that the assessee is found to be engaged primary in business activities in violation of proviso to Section 2(15) - as per physical verification report submitted by ITO(E). Gwalior the society has installed three different types of automatic machines used for kneading dough, rolling of Puris and peeling of potato's respectively but in the Balance Sheet for F.Y. 2021-22, no machine has been shown as fixed assets only one car has been shown - HELD THAT:- As per the copy of the agreement produced by the applicant all the three machines were acquired after 01.04.2022 i.e. in the financial year 2022- 23 on rent and its rental charges would appear in the accounts of next year and in the preceding year all the operation....... + More
-
2023 (11) TMI 693
Revision u/s 263 - PCIT held that the assessment framed by the AO u/s. 153C r.w.s. 153A is erroneous and prejudicial to the interest of Revenue - argument of the assessee that in the case of search assessments u/s. 153A or 153C of the Act, no revision proceedings u/s. 263 - HELD THAT:- We are of the view that in the provisions of section 263 of the Act, there is no exclusion or exception craved out. The provision of section 263 of the Act is very clear that any order passed by the AO if it is erroneous insofar as it is prejudicial to the interests of the Revenue, the PCIT, after giving the assessee an opportunity of being heard and after making or causing to be made such enquiry as he deems necessary, can pass a revision order. Hence, this objection to the revision order is dismissed as such. Sale amount disbursed remained untaxed ....... + More
-
2023 (11) TMI 692
Treaty benefits - gains from alienation of shares' - taxability or otherwise of capital gain from sale of equity shares under Article 13(4) of India-Mauritius DTAA - beneficial tax rate under grandfathering clause - treating the assessee as a conduit company set up - assessee is non-resident corporate entity and tax resident of Mauritius holding a valid TRC - HELD THAT:- Departmental authorities have miserably failed to establish the fact of the assessee, being a conduit company with reference to Article 27A of India-Mauritius DTAA (Limitation on Benefit clause). Therefore, having regard to the relevant facts and ratio laid down in the judicial precedents, discussed above, we have no hesitation in holding that the assessee, having been granted a valid TRC, has to be treated as tax resident of Mauritius, hence, eligible to....... + More
-
2023 (11) TMI 691
Disallowing the investment allowance claimed u/s 32AC(1A) on Co-generation power plant and Anaerobic Digester - CIT(A) has rejected the appeal of the assessee by observing that the assessee has already claimed 100% depreciation - AR submitted that the assessee did not claim depreciation allowance in any of the prior years other than A.Y 2015-16 and the restriction not to allow the depreciation allowance with retrospective effect is for new asset only on which previously there was claim for allowance - HELD THAT:- We find that as per the provision of Section 32AC(4)(v) of the Act, the term new asset means any new plant or machinery but does not include, any plant and machinery, the whole of actual cost for which is allowed as deduction (whether by way of depreciation or otherwise) in computing the income chargeable under the head pro....... + More
-
2023 (11) TMI 690
Revision u/s 263 - Claim of interest against rental income - Proof of availing loan for acquisition or construction of property - CIT mentioned that assessee has claimed deduction u/s. 24(b) and assessee has not furnished documentary evidences in support of its claim during the assessment proceedings - HELD THAT:- As in our considered view proviso of section 24(b) states that where the property has been acquired, constructed, repaired, renewed or reconstructed with borrowed capital, the amount of any interest payable on such capital ; however, we observe that this proviso is directly linked to the 1st and 2nd proviso. The first proviso, states that in respect the property referred to in sub section (2) of section 23, which is the property consists of house or part of house which is in the occupation of the owner for the purpose of ....... + More
-
Customs
-
2023 (11) TMI 689
Valuation of imported goods - Chips of Sodium Isethionate /Chips of Sodium Isethionate HEBE - appellant related to the overseas suppliers in terms of Rule 2(2) of the Customs Valuation (Determination of Price of Import Goods) Rules 1988 or not - HELD THAT:- There are no reason to interfere with the judgment and order impugned in these appeals. Appeal dismissed.
-
Corporate Laws
-
2023 (11) TMI 688
Seeking for restoration of the name of the Company Garg Medical Solutions Private Limited in the register maintained by the Registrar of Companies (RoC) - HELD THAT:- The said Company was struck off on 08.08.2018. The Appellant had complied with the statutory filing for the Financial Year 2016-17 and statutory filing for Financial Year 2017-18 was not due. The said Company had outstanding payable to three Creditor totalling to Rs.21 Lakhs/-. The said Company is also owing one Immovable Property. In Calcutta Rubber Factory Pvt. Ltd. Ors. Vs. Registrar of Companies, Delhi and Haryana, 2019 [ 2019 (12) TMI 342 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI ] it was held that restoration of the Company was considered just and equitable on the grounds that the Company is having Assets. In the present case, the Company had compl....... + More
-
Service Tax
-
2023 (11) TMI 685
Refund of service tax paid - receiving the consulting Engineers service from the Overseas service provider during 1998 to 2002 - Hon ble Supreme Court upheld the liability to discharge the tax by the Appellant - HELD THAT:- The taxability of services received by the respondent from overseas service provider namely M/s SNC Lavalin, Canada has been ultimately settled by the order of the Hon ble Supreme Court dated 12.12.2007 [ 2007 (12) TMI 2 - SUPREME COURT] and thereafter, rejection of the review application filed by the Respondent on 06.04.2010. The ld. Commissioner (Appeals) in the impugned order has completely ignored the order of the Hon ble Supreme Court and by following the judgment of the Larger Bench of the Tribunal in the case of Hindustan Zinc Ltd Vs. CCE, Jaipur [ 2008 (6) TMI 6 - CESTAT NEW DELHI (LB)] de hors the rec....... + More
-
2023 (11) TMI 684
Levy of service tax - business auxiliary services or not - difference between the purchase price and sale price that is reimbursed to the distributors by M/s Tata Tele-Services Ltd. in the guise of subsidy - HELD THAT:- Reliance placed upon the decision of this Tribunal in BALAJI ENTERPRISES VERSUS COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, JAIPUR-I [ 2020 (3) TMI 17 - CESTAT NEW DELHI] where it was held that The subsidy, on the other hand, is paid to the Appellant by Tata Tele Services to compensate for the loss incurred by the Appellant on the sale of mobile handsets at a lower price and cannot be said to have any relation to the service of promotion or marketing. Thus, in the absence of any services provided by the Appellant to Tata Tele Services, service tax could not have been levied on the amount of subsidy received by the Appellant. Appeal allowed.
-
2023 (11) TMI 687
Condonation of delay of 2281 days in filing this appeal - sufficient reason for delay or not - HELD THAT:- There is an exorbitant delay of 2281 days in filing this appeal. Having regard to the judgments of this Court, the delay cannot be condoned. The application seeking condonation of delay is hence dismissed.
-
2023 (11) TMI 686
Specific relief or universal relief - HELD THAT:- The relief specifically granted by the Division Bench is limited to those who are parties before the Court - Further clarification made by the Division Bench is that it was not making a universal declaration in respect of all institutions in whatever manner they are being conducted. Again, the Court has reiterated that the declaration granted under the impugned judgments will apply to the parties to the appeals who are the petitioners in the Writ Petitions and the Department is free to examine the cases of the parties who are not before the Court independently in accordance with law. Appeal dismissed.
-
2023 (11) TMI 683
Levy of Service Tax - Erection, Commissioning or Installation services - Appellant engaged as a sub-contractor by M/s Simplex Infrastructure [Main contractor] which had been awarded a contract for construction of New International Terminal building complex at Jaipur Airport - HELD THAT:- The reasoning given by the Commissioner (Appeals) that the services rendered by the appellant would not fall under works contract service for the reason that the appellant had not discharged the VAT liability on the transfer of goods involved in the execution of the contract is not correct. Classification of a service would depend upon the nature of service provided and not on whether VAT had been discharged on the goods portion of the contract. Such being the position, the order dated 27.03.2018 passed by the Commissioner (Appeals) deserves to be set aside and is set aside - Appeal allowed.
-
2023 (11) TMI 682
Levy of Service Tax - Inclusion of expenses on board and lodging incurred by the appellant for the visiting technical experts from Honda Motors, Japan. as consideration for their services or not - Extended period of limitation - HELD THAT:- This issue is no longer res integra. It has been decided by the Hon ble High Court of Delhi in INTERCONTINENTAL CONSULTANTS AND TECHNOCRATS PVT. LTD. VERSUS UOI. ANR. [ 2012 (12) TMI 150 - DELHI HIGH COURT] that reimbursable expenses are not exigible to Service Tax. This decision was upheld by the Supreme Court. It is to be noted that the expenses on travelling, lodging and boarding were specifically considered in the aforesaid judgment and it has been held that no Service Tax is payable on them. Since the issue found in favour of the appellant on merits, the matter of extended period of limitation need not be looked into - The demand cannot be upheld - the penalties imposed on appellants also need to be set aside - appeal allowed.
-
2023 (11) TMI 681
Levy of service tax - market fee - mandi shulk - whether the appellant(s) being an Agricultural Produce Market Committee was/were excluded from tax liability on and after 01.07.2012? - HELD THAT:- Similar issue decided in KRISHI UPAJ MANDI SAMITI, NEW MANDI YARD, ALWAR VERSUS COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, ALWAR [ 2022 (2) TMI 1113 - SUPREME COURT ] where it was held that it is required to be noted that it is not the case on behalf of the Market Committees that the activity of rent/lease on shop/land/platform as such cannot be said to be service. Appeal dismissed.
-
Central Excise
-
2023 (11) TMI 677
Clandestine removal of undeclared manufactured sponge iron - lower declaration of the produced sponge iron to the extent of 11089.730 MT, during the period July 2006 to November 2009 - quantification of the alleged clandestine manufacture has been arrived at estimated production basis - admissibility of oral evidence - time limitation - HELD THAT:- In the entire investigation, the Department has not brought out any evidence towards excess procurement of coal and dolomites. Since the coal is bought from the coal mine, proper records were kept both by the vendor as well as by the receiver. Such huge quantity of coal could not have been bought by way of cash. There is also no evidence towards deployment and movement of hundreds of vehicles to transport such huge quantity of coal and dolomite. Further, it is seen that no investigation ha....... + More
-
2023 (11) TMI 676
100% EOU - Sanction of refund by cash - It is alleged that the appellant is not eligible for the credit availed on the raw materials used for manufacture of finished goods, which were subsequently exported - HELD THAT:- The very same issue has been considered by the Department in the Order-in-Original where it was held that the credit of duty paid on the inputs under Notification No.22/2023 CE dated 52/2003 CUS (to the extent of CVD) indigenously procured and imported respectively lying in stock at the time of de-bonding, availed by M/s.Kadri Wovens amounting to Rs.55,64,436/- is allowable under Rule 3 (1) (i), (vii) and (via) of CCR. The appellant is eligible for the credit - since the notice proposing to recover the erroneously sanctioned refund has been dropped by the department nothing survives. The appellant is therefore eligible for the refund claim - Appeal allowed.
-
2023 (11) TMI 678
Seeking grant of anticipatory bail - appearance before the trial Court to face the trial in pursuance of summoning order - HELD THAT:- It is apparent from the record that after presentation of the complaint by the respondent, the present petitioner alongwith other accused have been ordered to be summoned by the trial Court. All the documentary evidence has already been collected by the respondent and the custody of the petitioner will not serve any meaningful purpose, at this stage. Without commenting any further on the merits of the case, the petitioner is directed to surrender before the trial Court, within a period of two weeks from today and on his appearance, he shall be admitted to bail subject to furnishing surety bonds/bail bonds to the satisfaction of the learned trial Court/Illaqa Magistrate - Petition disposed off.
-
2023 (11) TMI 675
Denial of exemption of Notification No. 01/2011-CE dated 01.03.2011 - manufacture of allopathic generic medicaments - Whether the allopathic medicaments are eligible for the exemption of central excise duty but for at the rate of 2% in terms of Notification No. 01/2011 dated 01.03.2011? - invocation of extended period of limitation. HELD THAT:- In the notification column (3) of Entry No. 37 in use of word including in context of the content of column (3) of Entry No. 37 of the notification. But we are of the opinion that Tribunal ought not to have traversed beyond interpreting the provision as per the language employed in the statute itself. It is the settled proposition of law that while interpreting the taxing statutes the authorities cannot import which is not expressed in the provision itself - reliance placed upon the decisio....... + More
-
2023 (11) TMI 680
Maintainability of appeal - monetary limit involved in the appeal - HELD THAT:- In view of the low tax effect, the Appeals are disposed of, keeping open the questions of law, which arise in these appeals from the side of the appellant/Department as well as from the side of the respondent, to be agitated in any other appropriate case. Application disposed off.
-
2023 (11) TMI 674
CENVAT Credit - capital goods/inputs - Angles, Channels, Beams, Joists, Sheets, Plate, Coils etc - HELD THAT:- The issue is no longer res integra. The said issue has been settled by the Hon ble Chhattisgarh High Court in the case of M/S VANDANA GLOBAL LIMITED AND OTHERS VERSUS COMMISSIONER, CENTRAL EXCISE AND CUSTOMS, CENTRAL EXCISE [ 2018 (5) TMI 305 - CHHATTISGARH, HIGH COURT ], wherein it has been held that any steel item which has been used for fabrication of capital goods or inputs is entitled for cenvat credit in terms of Rule 2(l)/2(k) of the Cenvat Credit Rules, 2004. Thus, the Angles, Channels, Beams, Joists, Sheets, Plate, Coils etc used in the manufacture of furnace equipment and furnace structure, raw material handling system and pollution control equipment, are eligible for credit as inputs - the demand confirmed in....... + More
-
2023 (11) TMI 679
Validity of order of Tribunal - Revenue appeal - Low Tax Effect - Waiver of interest and penalty - Tribunal has decided in favor of assessee subject to the condition that amount deposited under Protest shall not be claimed as Refund - HELD THAT:- Having regard to the disputed period being July 2000 to December 2001 under consideration, in respect of which, the outstanding demands made under the five impugned Show Cause Notices have been complied with inasmuch as the amount has been paid and in view of the categorical submissions made by learned senior counsel to the fact that the assessee would not claim refund of the said amount, we find that the Revenue would not in any way be prejudiced if the submission of assessee is accepted, the appeals would not call for further consideration at the hands of this Court. Secondly, insofar as ....... + More
-
CST, VAT & Sales Tax
-
2023 (11) TMI 673
Validity of assessment order - exigibility to tax under the Delhi Tax on Luxuries Act, 1996 - Club and Association service - doctrine of mutuality - HELD THAT:- While we find no ground to doubt the principles of mutuality as were explained in Calcutta Club and which constitutes the foundation for the decision handed down by the Kerala High Court in Madhavaraja Club, we find that the petitioner did not question the validity of the provisions of the Act as it originally stood and which extended the incidence of tax to the provision of residential accommodation in a club. If it were the contention of the petitioner that the tax on the provision of such residential accommodation could not be levied, it was incumbent upon it to question the validity of the provisions of the Act as they originally stood. However, and in the absence of suc....... + More
-
Indian Laws
-
2023 (11) TMI 672
Constitutional validity of the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022 - HELD THAT:- The petitioners are challenging the Act of 2022, namely the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022. The impugned Act is enacted in the backdrop of the Tamil Nadu Gaming and Police Laws (Amendment) Act, 2021 (hereinafter referred to as the Amendment Act of 2021 ), which had sought to ban online games such as rummy and poker played with stakes or money. The said Amendment Act of 2021 was struck down in its entirety by this Court and was declared as ultra vires the Constitution of India under the detailed judgment dated 03.08.2021 in the case of Junglee Games [ 2021 (8) TMI 1377 - MADRAS HIGH COURT ]. The intention and object of promulgating the impugned legis....... + More
-
2023 (11) TMI 671
Dishonour of Cheque - discharge of legally enforceable debt or not - rebuttal of presumption u/s 139 of NI Act - HELD THAT:- As the mode of advancing the amount to the revision petitioner was not a circumstance appearing in evidence against the revision petitioner, absence of a question in the 313 examination regarding the mode of payment will not in any way vitiate the trial. The revision petitioner if wanted to rebut the presumption under Section 139 of the N.I Act, he should have adduced cogent evidence for disproving the entry dated 27.09.2006 in Ext.P6 document. It is true that, the revision petitioner can even rely on the materials submitted by the complainant/1st respondent, in order to raise a probable defence which creates doubt about the existence of a legally enforceable debt or liability, without adducing separate eviden....... + More
-
2023 (11) TMI 670
Condonation of delay in filing review petitions - whether the petitioners have established sufficient cause for not preferring the review petitions within the statutory period? - ground for the exercise of the discretion in condoning the delay, established or not - HELD THAT:- The expression sufficient cause contained in Section 5 of the Limitation Act is elastic enough to yield different results depending upon the circumstances of the case. The criteria to be applied in condoning the delay in different claims may be different. For example, in the case of beneficial legislations a liberal interpretation must be given to the expression sufficient cause to serve its object. The concept of reasonableness demands that the courts, while taking a liberal approach, must also consider the rights and obligations of both the parties. When a ....... + More
-
2023 (11) TMI 669
Dishonour of Cheque - insufficient funds - discharge of legally enforceable cheque or not - vehicle covered by the hire purchase loan agreement was already seized by the complainant/1st respondent and it was sold out for profit - HELD THAT:- The case of the 1st respondent is that the cheque was issued after seizure and sale of the vehicle, and after adjusting the sale price towards the loan amount. But PW1 admitted that Rs. 57,000/- was already repaid in ten installments and the vehicle was seized and sold, and to his memory, the sale price was Rs. 25,000/-. But he has not produced any scrap of paper to show that the balance amount was calculated as Rs. 1,24,500/-. No notice was seen issued to the revision petitioner intimating the balance due, and asking him to remit that amount. The vehicle was seized and sold in the year 1998. The c....... + More
-
2023 (11) TMI 668
Dishonour of Cheque - insufficient funds - It is alleged that illegality has been committed by the Trial Court in passing hasty judgment depriving the rights of the accused to cross-examine PW1 - HELD THAT:- On reading Indian Bank Association case [ 2014 (5) TMI 750 - SUPREME COURT ], there is no observation or the law laid down by the Hon'ble Apex Court that the statement of accused under Section 313 of Cr.P.C., has to be recorded on the date of the appearance before the Trial Court. In the said judgment, the Hon'ble Apex Court has issued guidelines to the Trial Courts dealing with N.I. Act cases to expedite the Trial. The Trial Court is duty bound to follow the mandates of the Apex Court in expediting the trial of the cases by following the provisions of N.I. Act. The hasty procedure adopted by the Trial Court is unknown to l....... + More
-
2023 (11) TMI 667
Seeking grant of Bail - applicant was not arrested during the investigation - cheating 13000 investors to the tune of Rs.5600 crores - HELD THAT:- The FIR, for the offences u/s 409, 465, 467, 468, 471, 474, 477- A, 120-B of IPC, u/s 3 of the MPID Act and sections 21(a), 21(b), 21(c) and 21(g) of the FCR Act, 1952 was registered way back in the year 2013. According to applicant, he has furnished all record and documents in the form of electronic data in soft copies, hard-disk, server and e-mails to the investigation agency. Today the applicant is present before the court pursuant to the fact he was served with the summons issued by this court. The investigation machinery choose not to arrest the applicant, for 10 long years, inspite of the fact that, the applicant was available. Rather, it can be gathered that the I.O. did not want his ....... + More
