Income Tax
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AO's Failure to Issue Section 143(2) Notice for Scrutiny Assessment is a Major Procedural Flaw; Irremediable u/s 292BB.
Case-Laws - AT : Non-issuance of notice u/s 143(2) – scrutiny assessment - the AO has failed to issue requisite notice u/s 143(2) of the Act and this defect is not rectifiable u/s 292BB of the Act - AT
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Educational Institutions Eligible for Tax Exemption if Annual Receipts Are Under Rs. 1 Crore Per Section 10(23)(iiiad.
Case-Laws - AT : Exemption u/s 10(23)– if the annual gross receipt of the educational institution is considered separately, the same is below ₹ 1 crore in each year, therefore, it is entitled for exemption u/s 10(23)(iiiad) - AT
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Section 271(1)(c) Penalty Not Applicable for Full Disclosure in Tax Returns; No Income Concealment Found.
Case-Laws - AT : Penalty u/s 271(1)(c) - If the assessee has made a complete disclosure in the income tax return and offered the surrendered amount for the purposes of tax, there is no concealment or non-disclosure of particulars of income - AT
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Income from Share Sales Classified as Business Income, Not STCG, Due to End-of-Day Delivery Choices Based on Price Movements.
Case-Laws - AT : Income from sale of shares – Income treated as business income OR STCG – the assessee decides to take delivery of shares purchased by her only at the end of the day depending upon the price movement of those shares - held as business income - AT
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Assessee's new evidence accepted; Section 12A registration to be re-evaluated by Commissioner of Income Tax.
Case-Laws - AT : Since the additional evidence of the assessee pertaining to the application for registration u/s 12A of the Act is admitted, it would be appropriate that the issue of registration u/s 12A of the Act requires fresh adjudication at the level of CIT - AT
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Agricultural Land Sale: Bank Account Absence Not Grounds to Deny Credit for Income Tax Purposes.
Case-Laws - AT : Sale of agricultural land – Amount not effected in bank a/c - there was no reason in not giving credit to the amount, just because the transaction has not routed through the bank account - AT
Customs
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Petitioner Must Provide Bond for 1% Extra Duty Deposit on Goods Clearance to Secure Respondents' Interests.
Case-Laws - HC : Demand of 1% loading of Extra Duty Deposit (EDD) on bills of entry - Petitioner will have to furnish a Bond in favour of the Respondents at the time of clearance to secure the difference - HC
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Raw Jute of Cutting Grade Correctly Classified Under Sub-Heading 53031010 of Customs Tariff Act, 1975.
Case-Laws - AT : Classification of goods - raw jute - what they had imported, were raw jute of cutting grade and correctly classifiable under sub-heading 53031010 of CTA, 1975 - AT
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Appeal Must Overturn Order if Letter of Permission Cancellation for 100% EOU is Reversed and Extended.
Case-Laws - AT : 100% EOU - If an order is passed on only cancellation of LOP, the moment the cancelled LOP gets reviewed and extended, naturally the obvious step when an appeal is filed is to set aside the order which is passed purely on the ground that LOP has been cancelled - AT
Service Tax
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Interest Charges Upheld Despite Sufficient CENVAT Balance; Prima Facie Case Against Assessee.
Case-Laws - AT : Delay in payment of duty from CENVAT Credit account - It was contended that there were sufficient balance in the Cenvat account of the applicant, therefore, no interest is demandable in the present proceedings - prima facie case is against the assessee - AT
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Extended Period of Limitation Not Applicable in 2004 Dispute Over Business Auxiliary Service Classification.
Case-Laws - AT : Since 2004 a dispute was going on between the Revenue and the respondent as to whether the activity of providing place, seating arrangement to the finance institutions falls under the category of Business Auxiliary Service - extended period of limitation not applicable - AT
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Commissioner Rejects Appeal Condonation After 382-Day Delay by Female Entrepreneur Seeking Sympathetic Consideration for Her Case.
Case-Laws - AT : Condonation of delay - delay of 382 days - delay in filing of appeal before Commissioner (A) - appellant being a lady entrepreneur who started her business as self-employment and sought a sympathetic treatment - application rejected - AT
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CENVAT Credit Allowed for Reinsurance Services Despite Initial Denial Due to Timing of Reinsurance Process.
Case-Laws - AT : CENVAT Credit - input service - Tax paid on re-insurance service - credit denied on the ground that reinsurance takes place after the insurance business is effected - credit allowed - AT
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Reversal of Cenvat Credit and Interest Leads to Remand for Further Consideration in Abatement Case.
Case-Laws - AT : Availing cevnat credit while availing benefit of abatement - As now the appellant has reversed the credit of service tax paid on the common inputs services with interest, therefore the matter remanded back - AT
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Room Rent Must Be Included in Mandap Keeper's Service Tax Valuation, Court Rules Against Exclusion.
Case-Laws - AT : Valuation - Mandap Keeper service - Non inclusion of room rent in assessable value - estimation of room rent - decided against the assessee - AT
Central Excise
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Manufacturer Defaults on Duty Payment u/r 8; Partial Stay Granted on Consignment Clearance Requirement.
Case-Laws - AT : Default of payment of duty in terms of Rule 8 in the month of October, 2008 - in the case of default of payment of duty on due date, the manufacturer has to clear the goods on consignment basis by making duty from PLA - stay granted partly - AT
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Penalty Denied for Main Appellant u/r 25; Director's Penalty u/r 26 Confirmed.
Case-Laws - AT : Levy of penalty under Rule 25 cannot be imposed upon the main appellant for goods not manufactured by him - however penalty on director under Rule 26 confirmed - AT
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Reclassification of Metal Foil Product to Aseptic Packaging Paper under CETH 4811 for Central Excise Purposes.
Case-Laws - AT : Classification of goods - metal foil / aluminium foil - Product manufactured by the appellant is more appropriately classifiable under CETH 4811 as asceptic packaging paper - AT
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Appellant Likely to Retain CENVAT Credit for Raw Materials Sent to Job Workers; Processes May Qualify as Manufacturing.
Case-Laws - AT : CENVAT Credit - ground for disallowing the Cenvat credit of duty paid on the raw material sent by the Appellant to job workers is that the processes carried out by the Appellant do not amount to manufacture - prima facie case is in favor of assessee - AT
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Cleansing and facial tissues exempt under Serial No. 55, but toilet paper taxed separately under CETH 48181000.
Case-Laws - AT : Classification of goods is per exemption notifiation - Toilet paper - what is covered under Serial No. 55 is only cleansing or facial tissues falling under CETH 48182000 and not toilet paper which is classifiable under 48181000 - AT
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