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TMI Updates - Newsletter dated: March 1, 2018

TMI SMS


Highlights

  1. Income Tax : Provision for doubtful overdue installments under hire purchase finance agreements - the party to be given an opportunity to establish its claim - adjustment by way of disallowing deduction by intimation u/s 143(1)(a) is not proper - HC

  2. Income Tax : Capital gains - Transfer of Property - selection of assessment year - capital gains would be taxable in the year in which such transactions were entered into, even if the transfer of the immovable property was not effective or complete for want of registration under the general law. - Tri

  3. Income Tax : Deemed income u/s 56(2) - consideration for issue of shares that exceeds the face value of such shares - redeemable non-cumulative preference shares (RNCPS) - RNCPS cannot be excluded from the ambit of Section 56(2)(viib) of the Act.

  4. Income Tax : Deemed income u/s 56(2) - consideration for issue of shares that exceeds the face value of such shares - determination of fair market value - tax has to be factored while determining the net rate of return on investments. - Tri

  5. Income Tax : Exemption u/s 11 and 12 - Educational institution - charging fees from the students - as per CIT(A), since sources of income are students, therefore, students cannot be reckoned as ‘property held under the trust’ and activity of imparting education also cannot be reckoned as property. - order of CIT(A) is not legal - exemption allowed - Tri

  6. Income Tax : TDS u/s 194C OR 194J - tds on the services of testing and commissioning received from the BHEL - Section 194J is not a residuary clause. In other words, it is not that if a contract does not fall within the ambit of Section 194C, it must be deemed to fall within the ambit of Section 194J. - Tri

  7. Income Tax : Deemed rental income - the unsold flats which are stock in trade when they were sold they are assessable under the head ‘income from business’ when they are sold and therefore the AO is not correct in bringing to tax notional annual letting value in respect of those unsold flats under the head ‘income from house property’. - Tri

  8. Income Tax : Penalty u/s. 271(1)(c) - AO has charged the assessee for twin defaults - the assessee has concealed the income arose out of transfer of capital asset and failed to disclose the capital gain in its return of income that tantamount of furnishing of inaccurate particulars of income - Penalty proceedings sustained - Tri

  9. Income Tax : Set off of derivative loss against derivative profit - speculative loss or not - the derivative transaction is not supported or backed by deliverable commodity - The nature of activity is carried throughout the year by the assessee is one and only one to trade in derivatives on various exchanges and earned profit or income which includes loss - assessee is eligible for set off of this loss against the profit. - Tri

  10. Service Tax : Business Support Services - testing and analysis of newly developed drugs on human participants - The claims of the appellant are that these are clinical trial operations, exempted from service tax - demand set aside - Tri

  11. Service Tax : Business Auxiliary Services - consideration received as a percentage of commission for the services rendered to ICICI Bank - the appellants are in fact engaged in promotion and marketing activity of the financial products of the client bank - demand confirmed for normal period of limitation - Tri

  12. Service Tax : Levy of service tax - Debit entries made in the books for deployment of Officers - SNC, Canada cannot be categorized as a manpower recruitment or supply agency while involving deputing their own staff to execute their own contract in India - Tri

  13. Service Tax : CENVAT credit - service tax paid on installation and commissioning services provided by various service providers at the site on installation of their DG sets - they are eligible to take cenvat credit of the service tax paid on the input service provided by the sub-contractors - Tri

  14. Central Excise : Restoration of appeal - Condonation of delay - Courts of Law are not set up for mere disposal of cases. Courts of Law are established for adjudication of cases, particularly appeals so as to render justice to parties in accordance with law. - HC

  15. Central Excise : Reversal of cenvat credit - Sale of Carbon Di Oxide (Co2) without payment of duty - unintended byproduct, which emerge during the course of manufacture of the final product, would not call for payment of any particular percentage of the value of the same - Tri

  16. Central Excise : Whether the appellant is required to pay penalty for wrong availment of Cenvat credit which was later reversed by them before being pointed out by the department? - Held No - Tri

  17. Central Excise : CENVAT credit - there is no provision under the CENVAT Credit Rules, 2004 for denial of availment of credit merely on the ground that the assessee has admittedly deployed inputs in excess of the ideal for achieving desired output level - Tri

  18. VAT and Sales Tax : Issuance of C-form - failure to discharge tax liability - in taxing statute, there is no equity. If tax has not paid as declared, within the time provided there for, consequences would follow - assessee, cannot be permitted to avail the facility of on-line generation of Form C declaration. - HC


Articles


Notifications


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 (2) TMI 1708

    Penalty proceedings u/s. 271(1)(c) - validity of notice issued u/s 274 - addition of the capital gain arising from the transfer of the capital asset - contention of the assessee is that the transaction was not detected by the revenue, it was volunteer disclosure of the assessee during the assessment proceedings - Held that - AO has charged the assessee for twin defaults. Under the facts of the present case, same is rightly done as the assessee ha....... + More


  2. 2018 (2) TMI 1709

    Disallowing assessee s claim of set off of derivative loss against derivative profit treating the same as speculative loss - AO applied the provisions of sections 43(5)(d) of the Act and bifurcated the earnings for the recognized stock exchanges and non-recognized stock exchanges - Held that - We are of the view that the derivative trading in commodity is to be considered as one business and the net income from the same should be assessed as busi....... + More


  3. 2018 (2) TMI 1707

    Deemed rental income - Addition of notional annual letting value of unsold flats held as stock in trade - Income from house property - Held that - In the case on hand before us it is an undisputed fact that both assessees have treated the unsold flats as stock in trade in the books of account and the flats sold by them were assessed under the head income from business . Thus we hold that the unsold flats which are stock in trade when they were so....... + More


  4. 2018 (2) TMI 1703

    Deduction u/s 80 IA(5) - eligibility criteria - profit from eligible busniss - Held that - In this case, the assessee is into two segment of business i.e. construction business which is non eligible and power generation business which is eligible business u/s 80IA of the Act. Admittedly, the assessee has set up 5 wind mills out of which two wind mills are set up in the financial year relevant A.Ys. 2005-06 and 2006-07 and remaining 3 wind mills h....... + More


  5. 2018 (2) TMI 1704

    Eligibility to deduction u/s 80IB - Vishesh Krishi Upaj Yojana and Drawback Duty - Held that - In the case in hand, the assessee was not denied the eligibility of deduction u/s 80IB but only a particular receipts/income has been held as not eligible for deduction u/s 80IB on the ground that it is not an income derived by the industrial undertaking. A particular receipt which is found to be not income/profit derived from the business of the eligib....... + More


  6. 2018 (2) TMI 1705

    Bogus purchases - rejection of books of accounts - notice u/s 133(6) - addition equivalent to 25% of the purchases - profit determination - Held that - Once the AO has rejected the books of accounts by invoking the provisions of section 145(3) the income of the assessee was required to be assessed on the basis of a reasonable and proper estimates. BR BR We set aside the matter to the record of the Assessing Officer for determination of the income....... + More


  7. 2018 (2) TMI 1706

    Disallowance of various administrative expenses on the ground that no business activity was carried on by assessee - expenses incurred in connection with the rental income - Held that - In the absence of the information provided we are of the view that all the expenses incurred by the assessee cannot be treated as business expenses. Justice shall be served if the disallowance made by the AO is restricted to the reasonable extent. We restrict the ....... + More


  8. 2018 (2) TMI 1699

    Disallowance u/s 36 (l) (iii) - Penalty proceedings u/s.271(l)(c) - Held that - Interest expenditure of ₹ 19,92,128/- is disallowed in view of the provisions of Sec.36(l)(iii) of the Act and added back to the total income of the assessee company. Penalty proceedings u/s.271(l)(c) of the Act are initiated for furnishing inaccurate particulars of income and thereby concealment of income. BR BR It is pertinent to clarify that, the assessee com....... + More


  9. 2018 (2) TMI 1700

    TDS u/s 194C OR 194J - tds on the services of testing and commissioning received from the BHEL - Held that - Identical issue has been decided by the Hon ble Punjab and Haryana High Court in Pr. CIT Vs. Bharat Heavy Electricals Ltd 2016 (12) TMI 955 - PUNJAB AND HARYANA HIGH COURT as held that the contract entered into between the respondent and each of the contractors, therefore, did not involve the supply of professional or technical services at....... + More


  10. 2018 (2) TMI 1701

    Disallowance of lease rent - Held that - CIT has allowed the assessee a deduction of ₹ 2,40,000/- per annum for both the years under consideration and has disallowed the remaining amount i.e. ₹ 12.60 lakh. During the course of proceedings before us, the Ld. AR has only relied on the findings of the ITAT in assessee s own case for earlier years as aforementioned and he has not brought out any new fact or evidence in support of his cont....... + More


  11. 2018 (2) TMI 1702

    Addition u/s 68 - unsecured loans received by assessee from various persons - Held that - AO has not made proper inquiries in respect of loan creditors other than Mohit Gaur and Kanishk Sharma. In fact Ld.CIT(A) himself records that in the accounts of other loan creditors there were corresponding cash entries. Thus the credit worthiness & genuineness of transactions with remaining creditors have not been established by assessee as required u/....... + More


  12. 2018 (2) TMI 1697

    Addition towards difference in contractual receipt reported in the return with that reflected in Form 26AS - Held that - It is not in dispute that L&T had carried out rectifications in the account of the assessee and had accordingly updated its TDS returns which consequently had resulted in lesser contract receipts in the updated Form 26AS. The reliance placed on the updated Form 26AS by the assessee and filed before the ld CIT-A cannot be consid....... + More


  13. 2018 (2) TMI 1698

    Addition of closing stock valuation - Held that - The assessee s impugned closing stock valuation is very much bonafide one in tune with accounting standard no.2 adopting for the first time in the current assessment year. Hon ble jurisdictional high court s judgment in CIT vs. Atul Products Ltd. 2001 (2) TMI 28 - GUJARAT High Court holds that such an addition of sum difference reducing taxable income in case of change in stock valuation method is....... + More


  14. 2018 (2) TMI 1696

    Late fee charged under section 234E for belated filing of TDS returns - Held that - Fee under section 234E could be levied in the relevant financial year in question even in the absence of a regulatory provision i.e. section 200A of the Act. It was thus open to the Revenue to charge the fee stipulated in section 234E of the Act even prior to the amendment brought under section 200A of the Act w.e.f. 01.06.2015. With the amendment, the adjustment ....... + More


  15. 2018 (2) TMI 1692

    Eligibility for exemption u/s 11 and 12 - Educational institution - charging fees from the students - CIT(A) observed that assessee is not eligible for exemption u/ss.11 and 12, once the provision of Section 10(23C)(iv) and (v) are applicable - According to CIT(A), since sources of income are students, therefore, students cannot be reckoned as property held under the trust and activity of imparting education also cannot be reckoned as property. -....... + More


  16. 2018 (2) TMI 1691

    Additions made in pursuance of Sec. 153A - Held that - Since there is no incriminating material unearthed during search in respect of the concluded assessments, no addition/disallowance could be made by the AO for AYs 2009-10, 2010-11, 2011-12 and 2013-14. Therefore, the addition/disallowance made in impugned assessments for the AYs 2009-10, 2010-11, 2011-12 and 2013-14 are ordered to be deleted. BR BR Also as assessee has already made claims ari....... + More


  17. 2018 (2) TMI 1690

    Assessment on the basis of the voluntary statement - Surrender u/s 132(4) - retraction of statement - Held that - Surrender made by the assessee is not supported by any incriminating material or evidence unearthed during the course of search or has been found during the course of the assessment proceedings. Accordingly the revenue s appeal is dismissed. BR BR Jewellery found from the residence and was found from the locker - addition to income - ....... + More


  18. 2018 (2) TMI 1695

    Reopening of assessment - Unexplained investments addition made u/s 69 - Held that - In the present case investments of jewellery is duly reflected in the books of accounts of the assesses. Therefore there is no scope of applying the provision of section 69. Apart from the above source of funds is evidenced by the payments from disclosed bank accounts. Therefore the source of investments is also properly and satisfactorily explained by the assess....... + More


  19. 2018 (2) TMI 1693

    Deemed income u/s 56(2) - consideration for issue of shares that exceeds the face value of such shares - redeemable non-cumulative preference shares (RNCPS) - fair market value - Liquidity crunch leading to default in contractual obligation by the assessee in the future years - Held that - The argument of the assessee that RNCPS is a quasi-debt and that it was not the intention of the legislature to bring such instruments within the ambit of this....... + More


  20. 2018 (2) TMI 1694

    Revision u/s 263 - as during assessment proceedings AO did enquire about the disallowance u/s 14A - Held that - Order passed by Ld. CIT is not sustainable in view of the fact that AO has already examined this aspect and has already made a disallowance. The provisions of section 263 are not applicable in a case where the AO had examined a particular issue and had taken a plausible view. Moreover, we find that it is an admitted fact that assessee h....... + More


  21. 2018 (2) TMI 1717

    Application for registration - CGST Act - Kerala State Goods and Services Tax Act - rejection for the reason that the petitioner did not submit the explanation sought as regards the discrepancies in the documents submitted by him - Held that - respondent submitted that if the petitioner submits a fresh application with the requisite documents, the competent authority would certainly consider the same - If the petitioner prefers a fresh applicatio....... + More


  22. 2018 (2) TMI 1689

    Provisional release of vessel - Sagar Fortune - whether condition imposed by the Ld. Commissioner i.e. bank guarantee of 30% of the estimated value is reasonable or harsh? - Held that - bank guarantee should cover entire differential duty, redemption fine and penalties - In the present case, value of the goods estimated by the customs authority is ₹ 41.45 crore, accordingly differential duty amount (after payment of duty on the declared val....... + More


  23. 2018 (2) TMI 1688

    Rectification of mistake - the main ground for rectification of the order raised by the Ld. Counsel is that the case is mainly based on the panchnama drawn at the premises of Shri Bhumish Shah and the documents recovered thereunder - Held that - The present case in on valuation and tribunal passed order not only on the basis of panchnama alone but relying on various other materials such as statements of various persons and other facts, therefore ....... + More


  24. 2018 (2) TMI 1687

    Penalties u/s 112 of CA, 1962 - case of Revenue is that the appellants were involved in sale of liquor to the domestic passengers, the conditions of licence have been violated - Held that - Since the department has not specifically brought on any evidence against the appellants for improper importation of the goods or violation of the conditions of licence issued to M/s. Alpha, the penalties imposed against them u/s 112 of the Act cannot be susta....... + More


  25. 2018 (2) TMI 1686

    Penalty u/s 112(a) of the CA - allegation against the appellant is that they had colluded/ connived with the shipper in bringing Arecanut Betelnut Splits to India - Held that - Since both the authorities below had categorically recorded a finding that the appellant had neither connived nor colluded with the shipper or the importer in getting the cargo imported, therefore, imposition of penalty u/s 112(a) of the CA 1962 is unwarranted - appeal all....... + More


  26. 2018 (2) TMI 1685

    Valuation of export goods - It appeared to revenue that the market value of the consignment was inflated by the exporter - Held that - the market enquiry of the value of goods was conducted in India whereas the goods were consigned for Dubai and the value said goods would fetch in Dubai was not enquired - since the export proceeds have been realized the declared value is found to be correct - appeal allowed - decided in favor of appellant........ + More


  27. 2018 (2) TMI 1682

    Order of seizure in terms of provisions of Section 37A(1) of FEMA - foreign exchange worth USD 352258.25 suspected to be held outside India in contravention of Section 4 of FEMA - Held that - The petitioner filed an additional affidavit dated 08.01.2018 placing certain factual details regarding the amount, which was lying in the foreign Bank account in 2002. Along with the additional affidavit, the petitioner has enclosed copy of the letters of H....... + More


  28. 2018 (2) TMI 1684

    Scheme of merger - commencing of meetings - discretion to the NCLT with regard to calling of meetings - Held that - When it is a question of merger and the provisions require and give discretion to the NCLT with regard to calling of meetings, it is a discretion to be exercised judiciously by NCLT. NCLT is duty bound to follow procedure laid down by law. The NCLT recorded reasons why it finds that calling of the meetings is necessary and we do not....... + More


  29. 2018 (2) TMI 1683

    Oppression and mismanagement - Whether the Petitioners are entitled to file this Company petition? - Petitioners contention that no notice of EGM was served on them for passing special resolution relating to the business items mentioned supra and the allotment of shares - Held that - Sending of notice of EGM by ordinary post is a proper compliance of section 53(1) of the Companies Act, 1956 and the Petitioners contention that there is no proper s....... + More


  30. 2018 (2) TMI 1718

    Corporate Insolvency Resolution Process - Held that - This petition is admitted. Mr. Vijay Kumar V Iyer who is duly registered with the Insolvency and Bankruptcy Board of India is appointed as an Interim Resolution Professional. He has also filed his certificate of registration with the IBBI along with his written communication dated 29.06.2017. The disclosure has also been made in the letter dated 29.06.2017. We have also found his latest regist....... + More


  31. 2018 (2) TMI 1681

    Business Support Services - testing and analysis of newly developed drugs on human participants - The claims of the appellant are that these are clinical trial operations, exempted from service tax in terms of N/N. 11/2007-ST dated 01/03/2007 - Held that - the appellant are directly engaged in the activities of conducting clinical trial studies. They did obtain no objection approval from the concerned drug authorities in India. BR BR These servic....... + More


  32. 2018 (2) TMI 1680

    Business Auxiliary Services - consideration received as a percentage of commission for the services rendered to ICICI Bank - Revenue entertained a view that the appellants provided taxable service under the category of Business Auxiliary Service during the period 01/07/2003 to 31/03/2005 - Held that - we have no doubt that the appellant did market the services provided by the client bank. It will not be correct to state that the appellant only pr....... + More


  33. 2018 (2) TMI 1679

    Levy of service tax - Debit entries made in the books for deployment of Officers - Revenue entertained a view that the appellant is liable to Service Tax on such consideration, on reverse charge basis in terms of Section 66A of the Finance Act, 1994 under the category of manpower recruitment or supply agency service - Held that - the appellant has not received any service to be taxed in the present situation. The debit entries are for maintaining....... + More


  34. 2018 (2) TMI 1678

    CENVAT credit - service tax paid on installation and commissioning services provided by various service providers at the site on installation of their DG sets - Held that - in appellant s own case the Division Bench of the Ahmedabad Tribunal in M/s. Veena Industries Limited Versus Commissioner of Central Excise & S.T., Vapi 2016 (1) TMI 161 - CESTAT AHMEDABAD has taken the view that the appellant is entitled to avail credit of service tax pai....... + More


  35. 2018 (2) TMI 1677

    Refund claim - Section 102(2) of FA 2016 - denial on the ground that refund would result in double benefit to the appellant - Held that - it is difficult to appreciate how double benefit of the refund allowed u/s 102(2) of Finance Act, 2016 would accrue to the appellant once the amount paid by utilizing CENVAT credit if now refunded to their CENVAT credit account only - appeal allowed - decided in favor of appellant........ + More


  36. 2018 (2) TMI 1676

    CENVAT credit - whether the appellant as a service provider, is required to discharge duty/ revers the Cenvat credit on the used capital goods cleared as scrap, during the period 2009-2010 to 2013-2014? - Held that - appellant had undisputedly cleared scrap of the capital goods used in providing output service during the period 2009-2010 to 2013-2014. Admittedly, the relevant Rule 3(5A) of CCR-2004 has been amended in 2012 and 2013. Prior to amen....... + More


  37. 2018 (2) TMI 1670

    Refund claim - price variation clause - unjust enrichment - verification of report from Railways is required on the credit notes submitted by the appellant - Held that - this exercise is to be carried out by the adjudicating authority for sanction of refund after ascertaining the fact whether the incidence of duty has been passed on or otherwise. Therefore, no purpose will be served to keep the matter pending with this Tribunal - matter remanded ....... + More


  38. 2018 (2) TMI 1666

    CENVAT credit - correction of wrong forwarding of closing balance of CENVAT account was corrected by passing journal voucher, but no document was produced - Held that - Inadvertently while transferring the closing balance as opening balance on 01.04.2010 the short amount of balance was transferred that too in the accounting records. However, in ER-1 return there is no discrepancy as correct closing balance of CENVAT as on 31.03.2010 was correctly....... + More


  39. 2018 (2) TMI 1667

    Destruction of goods by fire - raw material completely destroyed - time limitation - whether the demand dropped by the learned Commissioner (Appeals) on limitation is correct and legal or otherwise? - Held that - the respondent have given the details for damages, this communication was sufficient for the Revenue to investigate if they deemed fit to find out whether there is some more damages of inputs or other goods. However the Revenue has not t....... + More


  40. 2018 (2) TMI 1668

    Refund of CENVAT credit and penalty paid during the course of adjudication/appellate proceedings - denial on the ground of Time Limitation - Section 11B of CEA, 1944 - Held that - the order of the Tribunal was passed on 01.06.2012 and communicated to the appellant on 14.06.2012. The appellant thereafter wrote a letter to the department to re-credit/refund of the amount deposited during the course of proceedings before various forums. Undisputedly....... + More


  41. 2018 (2) TMI 1669

    Refund of CENVAT credit and penalty paid during the course of adjudication/appellate proceedings - denial on the ground of Time Limitation - Section 11B of CEA, 1944 - Held that - the order of the Tribunal was passed on 11.05.2012 and communicated to the appellant on 14.06.2012. The appellant thereafter wrote a letter to the department to re-credit/refund of the amount deposited during the course of proceedings before various forums. Undisputedly....... + More


  42. 2018 (2) TMI 1665

    Clandestine removal - Ceramics Tiles - whether the appellant had clandestinely manufactured and cleared 44614 boxes of ceramic tiles involving a total duty of ₹ 4,54,929/-? - Held that - Undisputedly, the allegation of removal of 44614 boxes of ceramic tiles during the period from 05.04.2011 to 16.11.2011, arrived at on the basis of information furnished by the director on the production capacity of the Tiles per day as 6500 boxes. The tota....... + More


  43. 2018 (2) TMI 1664

    100% EOU - Refund of unutilized CENVAT credit - Rule 5 of CCR 2004 - Held that - an identical issue has come up before the Tribunal in the case of Infosys Technologies Ltd. v. CCE 2016 (9) TMI 142 - CESTAT MUMBAI , where it was held that The criteria for refund are existence of accumulated credit, insufficient opportunity for utilization thereof and limiting the extent of refund to the proportion that export turnover bears to total turnover - app....... + More


  44. 2018 (2) TMI 1663

    Whether the appellant is required to pay penalty for wrong availment of Cenvat credit which was later reversed by them before being pointed out by the department? BR BR Held that - admittedly the appellant had initially availed Cenvat credit twice on the same input invoice which they later reversed voluntarily before being pointed out by the department. Also, they have paid the interest of ₹ 1,12,796/- being pointed out by the audit departm....... + More


  45. 2018 (2) TMI 1662

    Entitlement to interest on interest - case of appellant is that the interest does not remain as interest but it is appropriated towards the outstanding dues. Therefore, the contention of the Department that interest amount ₹ 11,73,799/-, earlier allowed would not again attract interest, is unsustainable in law - whether the Appellant is entitled to interest on ₹ 11,73,799/- appropriated earlier against the confirmed demand? BR BR Held....... + More


  46. 2018 (2) TMI 1661

    CENVAT credit - inputs - material usage variance not used in manufacture of goods - Held that - there is no provision under the CENVAT Credit Rules, 2004 for denial of availment of credit merely on the ground that the assessee has admittedly deployed inputs in excess of the ideal for achieving desired output level The demand for recovery of the credit held to be ineligible by the lower authorities does not have the sanction of law - the tax eleme....... + More


  47. 2018 (2) TMI 1660

    CENVAT credit - mobile networking service - security agency service - Held that - It is seen that mobile phone service is a permitted input used in relation to manufacturing activities. The appellant has elaborately demonstrated the nature of mobile networking as a communication system that is essential for monitoring production activities. No flaw can be found in this submission and the availment of credit cannot be denied. BR BR In Castrol Indi....... + More


  48. 2018 (2) TMI 1659

    Disposal of pending cases - matter in question is pending before the High Court - Transition of Indirect Tax to GST - Held that - it would be appropriate and prudent to close the files for the purpose of statistics - the appeals along with stay order / interim orders, if any, will continue before the Tribunal and the matters are closed only for the purpose of statistics - appeal disposed off........ + More


  49. 2018 (2) TMI 1658

    Validity of Notification dated 31.03.2003 (Annexure P/1) read into Haryana Value Added Tax Act, 2003 - jurisdiction acquired by the State - Whether the notification dated 31.03.2003 is legal and valid in the light of the fact that the VAT Act came into force on 1.4.2003 and that was the appointed day as per provisions of Section 1(c) of the VAT Act? BR BR Held that - The object of issuing the notification on 31.3.2003 is manifestly clear that the....... + More


  50. 2018 (2) TMI 1657

    Principles of natural justice - It is the case of the petitioner that the returns filed by the petitioner for the years 2014-15 and 2015-16 had been accepted by the respondent and an order was passed under section 22 of the TNVAT Act - Held that - considering the fact that the Assessing Officer has to re-do the assessment, the matters are remitted back to the Assessing Officer to re-do the assessment commencing from the stage of issuing notice of....... + More


  51. 2018 (2) TMI 1655

    Issuance of C-form - case of respondent is that they had admitted their liability and submitted that it was not their intention not to pay tax. But due to unexpected situation and stringent financial crisis, they were unable to pay tax. BR BR Held that - The settled principles of interpretation are that the court must proceed on the assumption that the legislature did not make a mistake and that it did what it intended to do. The court must, as f....... + More


  52. 2018 (2) TMI 1656

    Whether the Tribunal could have decided the second appeal in the manner it has done, cursorily, without considering the grounds of the second appeal and the questions raised before it, by merely reiterating and affirming the order of the First Appellate Court without giving any reasons for non acceptance of the pleas raised before it by the revisionist-appellant? BR BR Held that - the second appeal of the revisionist is required to be re-consider....... + More


 
 
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