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  1. 2018 (8) TMI 768

    Failure to deduct TDS - Additions made u/s 40(a)(ia) - liability of the assessee under Section 201(1) being treated as an assessee in default. - Registration u/s 12AA as a charitable institution - Held that - Notice issued - Demand stayed........ + More

  2. 2018 (8) TMI 767

    Eligibility for deduction u/s 10AA - surplus amount in the freight export account and in the insurance export as derived from export activities - export turnover which has been defined in explanation 1 to section 10AA of the Act and whether the same would have any effect in the instant case. - Held that - There is no merit in this petition - Dismissed........ + More

  3. 2018 (8) TMI 766

    Levy of penalty u/s 271(1)(c) - period of limitation - whether penalty is to be levied in piecemeal as and when the individual issues of an assessment are concluded - Held that - SLP is dismissed both on the ground of delay and merits........ + More

  4. 2018 (8) TMI 765

    Deduction u/s 10AA - whether activity which has been carried out by the assessee was not manufacturing activities and rather it was trading ? - Held that - No merit in this petition - Dismissed........ + More

  5. 2018 (8) TMI 764

    Disallowance u/s 40(a)(ia) - whether the provisions of section 40(a)(ia) as amended by the Finance Act, 2010 with effect from 1st April, 2010 are of clarificatory nature and therefore retrospective? - Held that - the amendment was curative in nature, it should be given retrospective operation - SLP filed by the revenue dismissed........ + More

  6. 2018 (8) TMI 763

    Additions u/s 68 - unexplained cash credit - further addition in respect of disallowance of interest thereon - onus of the assessee to prove source of source - Held that - It is true that this Court has been consistently taking a view that prior to amendment to Section 68 of the Act w.e.f. 1st April, 2013, it is not necessary to establish the source of the source. However, in the present case, both the authorities i.e. CIT(A) and the Tribunal hav....... + More

  7. 2018 (8) TMI 762

    Assessment u/s 153C - Additions on the account of alleged unaccounted cash receipt - project completion method of accounting - Method of accounting, regularly followed by the Assessee - tribunal has observed that the issue of cash receipts and the project completion date are inter related and deleted the addition made by the Assessing Officer in both the counts. BR BR No substantial question of law - Decided against the revenue........ + More

  8. 2018 (8) TMI 761

    Genuineness of the expenditure claimed u/s 37(1) - whether the payment was incurred wholly and exclusively for business purpose or was a surreptitious and covet payment not for any service rendered but other purposes - ITAT disallowed the claim of expenses - Held that - The Tribunal has highlighted that crucial evidence in relation to four aspects; details of service rendered by the sub-agent, details of expenses incurred by the sub-agent for ren....... + More

  9. 2018 (8) TMI 760

    Disallowance u/s. 40A(2)(b) - excess remuneration to directors - disallowance u/s. 14A - valuation of closing stock - Addition on account of notional interest on delayed refund of security deposits - Held that - , looking to the increase in the profit and the business when in the subsequent year i.e. year in consideration the learned Tribunal accepted the renumeration paid to the Director as admissible, it cannot be said that the learned Tribunal....... + More

  10. 2018 (8) TMI 759

    Condonation of delay in filing of appeal - Held that - Revenue has tried to explain the delay caused in preferring the Tax Appeal by making necessary averments in para 2 reproduced herein above. Considering the explanation it cannot be said that there was any negligence and/or lethargy on the part of the Department in not preferring the appeal within the period of limitation. Infact the papers were handed over to the standing counsel appearing on....... + More

  11. 2018 (8) TMI 758

    Additions u/s 40A(3) - payments exceeding ₹ 20,000/- were made in cash to various parties - the amount was shown to be paid to various farmers and even the receipts were also produced. However, the assessee could not furnish / produce those persons / farmers and the assessee explained that it could not produce furnish the names and addresses of the persons to whom cash payment was made - A.O. did not accept the said explanation. However, th....... + More

  12. 2018 (8) TMI 757

    Transfer pricing - arms length interest rate on loan - loan given to Associated Enterprise - Arms length price on corporate guarantee - Held that - the assessee considered the markup on the basis of the average spread over LIBOR charged in whole European region. The learned CIT(A) as well as the learned ITAT has also considered the submission on behalf of the Revenue that even the condition prevailing in the country was required to be considered ....... + More

  13. 2018 (8) TMI 756

    Recovery of tax dues - property purchased by the appellant was under attachment - sale deed dated 11.12.2008 - petitioner had no knowledge of such attachment - the petitioner gained knowledge of such attachment subsequently on 29.09.2011 - ultimately, the petitioner received order dated 26.05.2015 declaring the sale of the property as null and void. BR BR Held that - This sale deed is for a consideration and index copy is also issued in connectio....... + More

  14. 2018 (8) TMI 755

    Reassessment u/s 147 - nature of transfer of land - assessee claimed as an agriculturist and sold agriculture land and agriculture activity was done on the land at the time of transfer of agricultural land. - It is claimed that, The purchaser has purchased the land for industrial purpose but assessee has not sold the land as industrial plot. - Held that - The copy of the sale deed dated 24.03.2009 shows that the properties in question have been r....... + More

  15. 2018 (8) TMI 754

    Revision u/s 263 - Supervisory jurisdiction of CIT - Scope of Explanation 2 inserted below Section 263(1) - an order which is erroneous and prejudicial to the interest of the Revenue - CIT directed the AO to pass a fresh assessment order - CIT observed that, AO has failed to make adequate inquiries in respect of various issues discussed in the show cause notice - Eligibility of deduction u/s 80IC - non inquiry towards quality control and regulato....... + More

  16. 2018 (8) TMI 753

    Monetary limit for filing of appeal by the revenue before the tribunal - recent instruction No.3/2018 dated 11/07/2018 revising the monetary threshold fixing the tax effect limit of ₹ 20 lacs for the revenue to file appeal before the ITAT - The CBDT also clarifies that this instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/Tribunal. The Income Tax Act was amended and Section 268A has....... + More

  17. 2018 (8) TMI 752

    Additions u/s 68 - introduction of amount to capital - unexplained cash credit - Held that - the assessee had duly submitted all the relevant documents with supporting evidences before the ld AO in the remand proceedings - ld AO was incorrect in stating that the assessee had not cooperated in the remand proceedings by furnishing the requisite details and evidences - Additions to be deleted - Decided in favor of assessee. BR BR Addition towards se....... + More

  18. 2018 (8) TMI 751

    Receipt of income u/s 5(2) - Foreign allowances on account of the international assignment received in Nigeria - assessee was an employee in IBM India Private Limited and during the financial year 2012-13 was sent on short term assignment to Nigeria. He had stationed in Nigeria for 311 days during the year under consideration. Accordingly, his residential status for the year under consideration would be Non-Resident. BR BR Held that - CIT(A) had ....... + More

  19. 2018 (8) TMI 750

    Reopening of assessment - reason to believe - independent application of mind by the AO - AO has initiated the reassessment proceedings mainly on the basis of information received from the Investigation Wing - allegation of taking accommodation entries from different parties - Held that - Since the assessment has been reopened on the basis of information received from Investigation Wing and there is no independent application of mind by the Asses....... + More

  20. 2018 (8) TMI 749

    Monetary limit for filing an appeal by revenue - Restriction on deduction of expenditure u/s 43B - VAT/WCT liability - the customer deducted WCT at the rates applicable and made the net payment to the assessee after the deduction of WCT. The customer deposited the WCT deducted with the State Government on behalf of the assessee and the assessee credited the gross amount of invoice as turnover or sales and debited the amount on account of WCT in t....... + More

  21. 2018 (8) TMI 748

    Exemption u/s 11 - educational institution / university - addition of surplus - founder of the trust, treasure of the trust, member of trust are getting personal benefit in the form of salary - Application or use of income or property for the benefit of persons referred to section 13(3) - Held that - It is apparent that the payment made to these persons clearly attracts the provisions of Sections 13(1) and 13(2) of the Act however, only to the ex....... + More

  22. 2018 (8) TMI 747

    Revision u/s 263 - Doctrine of merger - CIT observed that, AO has not made necessary enquiries/ verification with reference to the purchases - AO has rejected the books of assessee and disallowed 25% of such purchase in the assessment - Held that - when the addition made by the AO was the subject matter of appeal before the ld. CIT(A) and this issue was pending before the ld. CIT(A) then, the Pr. CIT has not powered to invoke the jurisdiction of ....... + More

  23. 2018 (8) TMI 746

    Claim of relief u/s 89 - receipt of arrears in lieu of employer s contribution to the newly implemented Defined Contribution Scheme - He has also relied upon the argument that employer s contribution to an approved superannuation fund in respect of an employee, had become taxable as a perquisite by the insertion of the provision under section 17(2)(vii) w.e.f. 01.04,2010, and since the larger part of the arrears received by him pertained to the y....... + More

  24. 2018 (8) TMI 745

    Validity of assessment order passed u/s 143(3) r.w.s. 144C - assessment post amalgamation with another company - transfer pricing adjustments - Held that - the assessment framed by the AO on the non-existent company i.e. Akzo Noble Car Refinishes India Pvt. Ltd. is void ab initio. Accordingly, the same is quashed. - Decided in favor of assessee........ + More

  25. 2018 (8) TMI 744

    Disallowance u/s 14A r.w.r. 8D - suo moto disallowance made by assessee - Held that - AO has not at all recorded the satisfaction for rejecting the claim of expenditure suo moto disallowed by assessee in relation to exempt income. Once this is the position, we are of the view that the CIT(A) has rightly deleted the disallowance. - Decided against the revenue........ + More

  1. 2018 (8) TMI 660

    Jurisdiction to issue SCN - contention of petitioner is that in absence of any Notification under Section 4 of IGST Act, the respondent Nos. 2 to 4 are not competent to issue SCN - Held that - Revenue prays for and is granted three days time to take instructions in the matter and to point out to this Court whether any notification has been issued or not? - List the matter in the next week........ + More

  2. 2018 (8) TMI 587

    Refund of input tax credit on account of inverted duty structure - Rule 89(5) of the CGST Rules, 2017 - Scope of retrospective amendment to the term Net Credit - notices issued........ + More

  3. 2018 (8) TMI 524

    Transitional Credit - Krishi Kalyan Cess (KKC) - migration to GST Regime - admissibility of the KKC credit transitioned by the appellant - Utilization of KKC Credit for payment of excise duty/service tax - Held that - It is clear that KKC could be utilized towards payment of KKC only. The KKC cannot be adjusted or cross utilized against the payment of excise duty or service tax. It was made expressly clear that CENVAT credit of input duty specifi....... + More

  4. 2018 (8) TMI 523

    Classification of the product - Caesarstone - whether classified under HSN code 2506 or 6810 for the purpose of levy of GST? BR BR Held that - The Appellants are importing the goods in question and are clearing the same by paying Customs duty and IGST through self-assessment method under the Customs tariff heading 6810, and are availing credit of the IGST paid under GST. Thus, when there is no dispute about the classification of the goods in ques....... + More

  5. 2018 (8) TMI 393

    Classification of product, SIKA Block Joining Mortar under Tariff Heading 3214 90 90 - whether SIKA Block Joining Mortar manufactured and marketed by the Appellant, is to be classified under Tariff Head 3214 90 10, which the Appellant was declaring voluntarily for the past few years and which the WBAAR held as 3214 90 90 to be the correct classification or Tariff Head 3824 50 90, which the Appellant now insists is the correct classification? - Ch....... + More

  6. 2018 (8) TMI 392

    Export of services or not? - promotion services - case of Applicant is that they not intermediary and therefore, is not liable to pay service tax in terms of Rule 6A of the Rules, 1994 read with Rule 9 of the said Rules - challenge to Advance Ruling. BR BR Held that - Appellant s submission is that the Advance Ruling Authority wrongly considered them as recruitment agent facilitating the recruitment or enrolment of students to Foreign Universitie....... + More

  7. 2018 (8) TMI 391

    Release of detained goods - the petitioner s counsel, as an interim arrangement, pleads that the authorities may release the goods on the petitioner s providing the bank guarantee - Held that - Pending adjudication, the first respondent will release the detained goods on the petitioner s providing the bank guarantee for the amount covered by Ext.P6 notice - petition disposed off........ + More

  8. 2018 (8) TMI 390

    Withdrawal of petition - Petitioner has filed a memo seeking leave of the Court to withdraw the writ petition with liberty to approach appropriate Authority for appropriate relief in accordance with law - Held that - Memo is placed on record - The writ petition is dismissed as withdrawn........ + More

  9. 2018 (8) TMI 389

    Composite Supply/ Mixed Supply - UPS supplied with external storage battery - naturally bundled goods - challenge to Advance Ruling - Whether UPS supplied with external storage battery is naturally bundled and hence a composite supply under the GST Act, or a mixed supply, as held by the West Bengal Authority for Advance Ruling? BR BR Held that - There is no denying of the fact that an in-built battery of static converter (UPS) is part and parcel ....... + More

  10. 2018 (8) TMI 286

    E-Way Bill - intra-state movement - Unmanufactured Tobacco - Is any applicability of the notification number F-A-3-08-2018-1-V (43), DATED 24-4-2018 issued under MPGST Act/Rules on unmanufactured tobacco under CTH 2401? - Held that - The description of goods for which e-way bill is required for intra state movement of the goods are Cigarette/tobacco and tobacco products but the Chapter/Heading/Sub-heading/Tariff item specified for these goods are....... + More

  11. 2018 (8) TMI 285

    Levy of IGST - Supply of goods under Deemed Export - Mid-term Review - scope of Section 97(2) of the CGST Act 2017 - complete procedure for S.No.l & Explanation 1 of the Notification 48/2017-Central Tax dtd.18.10.2017 for supplies by DTA to Advance Authorisation Holder - applicability of Foreign Trade Policy 2015-2020 Mid Term Review and specify procedure for procuring goods from DTA against Advance Authorisation. BR BR Complete procedure for....... + More

  12. 2018 (8) TMI 284

    Classification of Supply - activity of Body Building on the chasis supplied by the Principal, which is undertaken as a job work - utilising and consuming tangible material from their (Applicant s) end for fulfilling the job work. BR BR Whether the supply is to classified as supply of goods or supply of services? - Held that - In the case of bus body building there is supply of goods and services. Thus, classification of this composite supply, as ....... + More

  13. 2018 (8) TMI 283

    Whether the Project Development and Management Consultancy services (PDMC) provided by Applicant to recipient under the Contract for AMRUT; and the Project Management Consultancy services (PMC) under the Contract for PMAY would qualify as an activity in relation to function entrusted to Panchayat or Municipality under Article 243G or Article 243W respectively, of the Constitution of India? - Held that - Similarly, as per website of Pradhan Mantri....... + More

  14. 2018 (8) TMI 282

    Works contract - Composite supply - natural bundling of supply of goods and services - What is HSN in which the service of construction of new 33/220 kV Pooling i Substation at Badwar, REWA along with associated 220 kV DCDS Transmission Line and associated feeder bay work on total Turnkey basis against Bid Identification No. RUMS/2016-17/372/014 (Lot-I) under World Bank Financing shall fall? - What is HSN in which the service of construction of n....... + More

  15. 2018 (8) TMI 281

    Appealable Order - non establishment of the Appellate Tribunal - Section 112 of the CGST Act - Seizure proceedings - detention of vehicle - Inter- State transaction - Held that - This issue is now serious as because of non establishment of the Tribunal, the parties are unnecessarily approaching this Court whereas, in case of establishment of Tribunal they can easily file the appeal under Section 112 of the Act - Issue notice to the newly added re....... + More

  1. 2018 (8) TMI 709

    Benefit of Exemption N/N. 21/2002-Cus dated 01.03.2002 - import of 10,800 boxes declared as plastic boxes - denial of benefit on the ground that the appellants have not fulfilled the conditions of the Notification and goods imported by them are not covered under the Notification - Whether the imported product is covered under the Notification? - Held that - Notification does not permit the import of tag pins or loops . Any Notification giving the....... + More

  2. 2018 (8) TMI 708

    Refund of SAD - rejection on the ground that the appellant was unable to establish that the incidence of duty had not been passed on to their customers - Held that - It is seen from the tax invoice that no portion of the price recovered from the customers was stated to include special additional duty collected as countervailing duty at the time of import. It is also clear that there is a Chartered Accountant s certificate to the effect that the i....... + More

  3. 2018 (8) TMI 640

    Suspension of CHA License - procedure of suspension of license - Regulation 19 of CBLR - Held that - When the statute or law prescribes for a remedy of appeal, it is conceded that it is alternate and equally efficacious. The misconception that an appeal can be filed only if there is an order passed and duly served on the parties like the petitioners need not detain us. It is a misconception, for even inaction or noncompliance with the rules or no....... + More

  4. 2018 (8) TMI 639

    Extended period of limitation - Section 28(2B) of Customs Act - intent to evade - Held that - If the re-calibrated measurements are considered the appellant had, in fact, lost money by paying excess duty overall and has not gained anything by not re-calibrating their tanks. Therefore, it cannot be alleged that the appellant had any motive to evade payment of duty because he actually paid excess duty on the whole. The extended period of limitation....... + More

  5. 2018 (8) TMI 638

    Rectification of Mistake - Held that - From the record, the Tribunal has arrived at the conclusion that it is Rajendra Prasad alias Raju, the G-card holder only who had collected documents from one Randheer Singh and infact had admitted in his statement about carrying out the forgery of the import invoices using his computer and using such forged invoices, mis-declared the imported goods in the bills of entry. Statement of Shri Rajendra, alias Ra....... + More

  6. 2018 (8) TMI 637

    Refund of SAD - N/N. 102/2007-Cus - rejection of refund on the ground that the importer has not given any indication or declaration in the sale invoices submitted by him along with the refund applications, either in CD form or in paper form - Held that - It is an admitted fact that in invoice of resale of the imported goods, the appellant have not shown SAD paid, on such invoices, nor any details of bill of entry under which the goods were import....... + More

  7. 2018 (8) TMI 636

    SAD Refund - whether the appellant have committed any illegality in filing the two claims for refund of SAD under Notification No.102/07/CUS, with respect to two separate Bills of Entry, within the same calendar month? - Held that - The restriction is with respect to a particular Bill of Entry, and there is no restriction for the assessee to file separate refund claims in a particular month with respect to different Bills of Entry - the refund cl....... + More

  8. 2018 (8) TMI 635

    Rectification of Mistake - Hon ble High Court has subsequently reviewed its decision and upheld the order of Tribunal - Held that - It is apparent that in a case where Hon ble Apex Court decision is pronounced, subsequent to the decision of lower court, only in those circumstances, the Rectification of Mistake application can be entertained. The principle being that decision of Hon ble Apex Court is defacto law of the land - In the instance case ....... + More

  9. 2018 (8) TMI 634

    SAD Refund - whether the appellant is entitled for refund of SAD paid by availing exemption notification 102/2007-CUS dated 14.09.2009 in the case where the SAD was debited in the DPEB pass book not paid in cash? BR BR Held that - The appellant is entitled for a cash refund under N/N. 102/2007- Cus even though the said amount was paid by the debiting DEPB scrip - Hon ble Delhi High Court dealt with the very identical issue in the case of Allen Di....... + More

  10. 2018 (8) TMI 571

    Misdeclaration of value and description of imported goods - Held that - No ground is made out to entertain this appeal - Appeal dismissed........ + More

  11. 2018 (8) TMI 570

    Classification of imported goods - projectors of a kind which are principally used in an Automatic Data Processing System - Held that - Delay condoned - No ground is made out for our interference with the impugned judgment - appeal dismissed........ + More

  12. 2018 (8) TMI 569

    Anticipatory bail - Import of Australian Desi Chickpeas - goods is covered by the Tariff Item No.07132000 where the duty payable was Nil only as per the N/N. 50 of 2017 dated 30.06.2017 - on 21.12.2017, the N/N. 93 of 2017 was displayed on the notice board of the Customs House and published in the Official Gazette around 10 45 p.m., whereby the duty of Australian Desi Chickpeas was raised to 30% advalorem - demand of differential duty alongwith I....... + More

  13. 2018 (8) TMI 568

    100% EOU - Refund claim - duty paid under protest - Held that - This Court is of the view that when the order passed by the Tribunal has not been stayed or set aside by the Hon ble Supreme Court, it is the bounden duty of the Adjudicating Authority to follow the law laid down by the Tribunal. Since a binding decision has not been followed by the Adjudicating Authority in this case, this Court can interfere straight away without relegating the ass....... + More

  14. 2018 (8) TMI 567

    Refund Claim - rejection on the ground that the Bill of Entry was not reassessed for arriving at the quantum of refund. BR BR Held that - The issue whether the appellant can claim refund without challenging the assessment is already settled in the case of Fresenius Medical Care India Pvt. Ltd. Vs. Commissioner of Customs 2018 (7) TMI 103 - CESTAT CHENNAI where it was held that the refund claim cannot be rejected for the reason that the assessment....... + More

  15. 2018 (8) TMI 566

    Duty Drawback - denial of benefit of drawback on the ground that the goods exported by the appellant were not handicrafts but furniture - Held that - The identical issue stands considered by the Tribunal in the case of Commissioner of Customs, Jodhpur vs. Art Asia Sankalp International 2015 (1) TMI 795 - CESTAT NEW DELHI . While dealing with same, the Tribunal observed that The Revenue has gone by the examination of the furniture by the Customs O....... + More

  1. 2018 (8) TMI 742

    Levy of penalty for violation of SEBI laws - Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003 ( PFUTP Regulations, 2003 for short). - Held that - The misleading corporate announcements are not in dispute and are found to be violative of the relevant regulations as upheld by this Tribunal. BR BR Though, thereafter, Jayesh Shah appeared before the AO and su....... + More

  2. 2018 (8) TMI 641

    Violation of provision of SEBI - listed company has violated Clause 36 of the Listing Agreement by failing to disclose that it has acquired indirect control over another listed company through a Trust established exclusively for its benefit - whether SEBI is justified in disposing of that complaint by merely recording that the Trust is not a subsidiary of the listed company and hence no disclosures were required to be made under Clause 36 of the ....... + More

  3. 2018 (8) TMI 506

    Winding up petition - Non payment of dues - Held that - In the present case, the petitioner had issued a notice to the Company demanding the dues, which has been duly served on the Company and despite that, the Company has neglected to pay the sum or to secure or compound it, within the meaning of Section 434 of the Act. BR BR As further appears from the independent Auditors Report dated 04.09.2017 that the Company is a loss making Company and th....... + More

  4. 2018 (8) TMI 436

    Disqualification of directors - retrospective effect of new amendment act 2013 - striking off the name of the company from the Registrar of Companies on the premise that the company has not been carrying on any business for a period of two financial years - Held that - a) When the New Act 2013 came into effect from 1.4.2014, the second respondent herein has wrongly given retrospective effect and erroneously disqualified the petitioner-directors f....... + More

  5. 2018 (8) TMI 435

    Winding up petition - invalid advertisement of the winding up application published in the newspapers - Held that - In the present case, it is a fact that when the company (presently in liquidation) failed to deposit ₹ 50,00,000/- as directed by the Division Bench on September 04, 2015 the petitioning creditor caused the advertisement of the winding up application being published in newspapers stating that application would be heard by the ....... + More

  6. 2018 (8) TMI 339

    Restoration of name of company by ROC - Held that - In the case on hand, first of all the ROC did not follow the procedure laid down in Section 560 sub-section (1), (2) and (3) of the Companies Act, 1956. BR BR The objections of the Intervening Applicant are not at all sustainable in view of the above discussion, and hence overruled. BR BR The ROC in his Representation stated that the Company has not filed its Annual Returns and Balance Sheets an....... + More

  7. 2018 (8) TMI 258

    Oppression and mismanagement - Held that - When major part of property of the Company has been shown as sold off by Respondent No.2 who had tendered resignation as Director but went ahead to execute the sale deed, there was oppression and mismanagement on the part of Respondents 2 to 4. Respondent No.7 was mother-in-law of Respondent No.3 who is brother of the Respondent No.2. Looking to such relationship of these parties and the fact that it is ....... + More

  8. 2018 (7) TMI 1763

    Winding up petition - sale by Official Liquidator pursuant to orders of the Court - differential premium - whether Transfer of leasehold rights which is an asset of a company in liquidation, either by the BIFR or the Company Court, would qualify as a formal transfer and accordingly no differential premium would be payable on the same? - Held that - An aid to interpretation is that sales under BIFR schemes, according to Shri Chawan, are formal tra....... + More

  9. 2018 (7) TMI 1762

    Winding up petition - period of limitation - Held that - For acknowledgement of a debt it must be an acknowledgment of liability in respect of such amount made in writing signed by the parties. It would be clear that what the Form-C indicates is a statutory averment which is given under the Central State Tax Act. It merely shows delivery of goods as per invoice. It cannot be termed to be an acknowledgement of debt within the meaning of Section 18....... + More

  10. 2018 (7) TMI 1683

    Prohibition of Insider Trading - Violation of the PIT Regulations 1992 - Held that - The argument that the actual write down was much less than the potential write down disclosed does not come to the help of the appellant because if the audit disclosures were factored in by the public they would have taken their decision based on that and in the process could have incurred huge losses in view of the fact that subsequently the actual hit is almost....... + More

  11. 2018 (7) TMI 1450

    Violation of Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 1992 - petitioner although held more than 5% shares in a listed company, Himalaya Granites Ltd., he had failed to make the disclosure as required under Regulation 13(3) read with 13(5) of the PIT Regulations - Eligible grounds for adjudging under Chapter VIA of the Act - Held that - This Court is of the view that the noting made by the Whole Time Mem....... + More

  12. 2018 (7) TMI 1397

    Removal of director - removal of Mr. Cyrus as Executive Chairman - leak of information of TATA sons - Held that - When confidential information was admittedly come from Mr. Cyrus s mail id, the burden lies upon Mr. Cyrus to prove that it was not leaked from his side, but no such efforts has been made by either by the petitioners or by Mr. Cyrus to prove that this information was not leaked by him. BR BR According to law, a fact admitted as done r....... + More

  13. 2018 (7) TMI 1396

    Arbitration proceedings - main plea of the appellant in these appeals is that there is MOU dated 20.7.2011 between the parties and the clause 19 of the MOU clearly provides that the dispute can be referred to arbitration whereas the respondents argued that the so called MOU has already been cancelled vide letter dated 10.11.2011 and as on date it is not in existence - Held that - A chart has been filed showing that who are the party to the MOU an....... + More

  14. 2018 (7) TMI 1232

    Winding up petition - Held that - On the contrary, it categorically states that where the issue relates to right in rem the same are not arbitrable. Hence, there is no merit in the said plea of the respondent regarding the existence of an arbitration clause as it cannot oust the jurisdiction of this court to adjudicate the winding up petition. BR BR The next plea of the respondent is that the laws of Sweden applies and it is possible that the cla....... + More

  15. 2018 (7) TMI 1231

    Winding up petition - Held that - It is quite clear from the perusal of the so called acknowledgement that respondent was acknowledging the amount of ₹ 66,24,136/- stating that the said pending amount would be adjusted only against future purchases. BR BR To the same effects are some of the emails which were sent later in time which show the stand of the respondent company that they would adjust the payment against future orders that may be....... + More

  1. 2018 (8) TMI 365

    Adjustment of penalty from the frozen amount and FDR - review petition - Held that - At no point of time, did the Enforcement Directorate either seize them or confiscate them so that they could be forfeited to the Central Government. The adjudicating authority has released these amounts from being frozen, by not confiscating them. BR BR This money belongs to the appellant/his son, and while directions for freezing was only a temporary measure, th....... + More

  2. 2018 (7) TMI 1224

    Allegation against the appellant Jaswinder Singh as contravened Sections 9 (1) (d) of FERA - payments of ₹ 2.85 Crore to persons in India on behalf of persons residing outside India - Held that - In any event, the case of the department is improbable on the face of it as the allegation of the department that the appellant indulged in hawala business is falsified from the fact that the said diary allegedly contains the details of the payment....... + More

  3. 2018 (7) TMI 447

    Arguable case - Deposit 10% of the penalty amount imposed by the Adjudicating Authority alongwith reliable guarantee for balance 90% for the purposes of entertaining Appellant s appeals on merits - Held that - In the facts of this case after having come to conclusion that the Appellants have an arguable case, the deposit of 10% of the penalty amount in each of the Appeals would meet the ends of justice. This further requirement of furnishing reli....... + More

  4. 2018 (7) TMI 446

    Validity of show cause notice - Held that - It appears from the provisions of the Act of 1999 that, the authorities can invoke the provisions of Section 16 for contravention of Section 13 of the Act of 1999, independent of exercise of powers under Section 37 of such Act. Apparently, the authorities have invoked Section 16 for the alleged contravention of Section 13 of the Act of 1999. At this stage, it would be premature for the writ Court to arr....... + More

  5. 2018 (6) TMI 1492

    Powers of investigation in relation to the contraventions of the FEMA - Power to compound contravention - Power of Reserve Bank to compound contravention - Held that - we are in agreement with the petitioner that if the Enforcement Directorate is of the view that the compounding proceedings relate to a serious contravention suspected of money laundering as in this case, then, this court is not prevented from seeking appropriate clarifications fro....... + More

  6. 2018 (6) TMI 1491

    Offence under FEMA - Person deemed to be guilty of contravention alleged against AEL. - Sh. Rajesh S. Adani resposibility for the conduct of business of AEL - Held that - Letters and conduct goes to show that Sh. Rajesh S. Adani is covered u/s 42 of FEMA, 1999 being responsible for day to day affairs business activities of AEL as Managing Director. All the aforesaid actions of Sh. Rajesh S. Adani justified the findings in the impugned order there....... + More

  7. 2018 (6) TMI 677

    Contravention of the RBI instructions - remittance for the one share of Mr. Leonid Beyzer had not come in as a foreign direct investment nor had it been made as a debit from his NRE/FCNR account maintained with an authorised dealer/authorised bank - Held that - The appellants are not disputing the charge but have stated that Mr. Leonid Beyzer had transferred the above remittances from his personal account to the account of the company i.e. M/s. T....... + More

  8. 2018 (6) TMI 389

    Validity of proceedings - non-recording of reasons and its non-communication - whether the adjudicating Authority is bound to record his reasons for formation of an opinion under sub-Rule 3 of Rule 4 of the Foreign Exchange Management (Adjudication Proceedings and Appeal) Rules, 2000 in writing and also communicate the same to the noticee if required by the noticee before proceeding with an enquiry? BR BR Held that - The adjudicating Authority is....... + More

  9. 2018 (5) TMI 1531

    Violation of Section 3(a), FEMA - Penalty - Burden of Proof - Prevention of Money Laundering Act, 2002 - amount received in foreign currency from unknown persons and same was spent when in India - Held that - It is settled legal principle that onus of proof, in both civil and criminal law, is on the person who wishes to prove a particular fact - There is no statutory provision in FEMA imposing reverse evidentiary burden upon an accused person, as....... + More

  10. 2018 (5) TMI 1530

    Identity of the offender - appeal filed mainly on the ground that ED had booked a case against them on a wrong presumption and was a case of mistaken identity - Held that - it is clear that ED has not been able to prove that the appellant and Shri Farooque Memon, who seems to be the offender, are one and the same person. This is strengthened by the order of the Additional Chief Metropolitan Magistrate at Ahmedabad in the bail application. BR BR A....... + More

  11. 2018 (5) TMI 730

    Proof of goods purchased by remitting the foreign exchange brought into India - offence under FEMA - Held that - The two consignments have been auctioned by the Customs/CWC as the appellant failed to clear the goods within the bond period and the authorities have recovered the customs duty and other charges payable on the two consignments. In these circumstances, it cannot be said that the appellant has failed to prove that the goods purchased by....... + More

  12. 2018 (5) TMI 729

    Offence under FERA - Whether appellant had any knowledge or role in distribution of foreign exchange? - Held that - There is no allegation in the Show Cause Notice or the Adjudicating Order that Appellant either made any payment of any such foreign exchange or was aware about any such payment. In any case, a person who had done the whole transaction has been let off and the same Adjudicating Order against him has been quashed, the order against t....... + More

  13. 2018 (4) TMI 1342

    Seizure of bank account due of the suspicion that foreign exchange was suspected to be held outside India in contravention of Section 4 of the FEMA, 1999 - Liberalise Remittance Scheme (LRS Scheme) - Exercise of powers conferred upon him in terms of the provisions of Section 37A(1) of FEMA, 1999 - Held that - The main error in the impugned order is that RBI scheme has not been discussed at all. The impugned order is totally silent about the schem....... + More

  14. 2018 (4) TMI 1110

    Violation of the declared FDI Policy - Held that - Enforcement Directorate has taken action against the violators. The Enforcement Directorate has also filed a counter affidavit pointing out that it is inquiring into e-commerce entities which are guided by self gain or motive other than in public interest and that the Bangalore Zonal office of the answering respondent had initiated enquiries against ten (10) e-commerce entities and in 5 out of th....... + More

  15. 2018 (4) TMI 681

    Violation of FERA - lending against the deposit without taking any primary security - Held that - Bank had lent money against the security of deposits in the NRNR accounts. There was no bar in such type of lending as is apparent from the RBI s Notification. The bank was required to comply with the condition attached to such lending as prescribed by the RBI under the FERA/FEMA. One such condition was that the bank could grant loan facilities to re....... + More

  1. 2018 (8) TMI 661

    Protecting the interests of home buyers in projects floated by Jaypee Infratech Limited (JIL) - IDBI Bank Limited instituted a petition under Section 7 of the Insolvency and Bankruptcy Code 2016 (IBC) against JIL (CP (IB) 77/ALB/2017)) before the National Company Law Tribunal (NCLT) at its Bench at Allahabad. The bank sought the initiation of a Corporate Insolvency Resolution Process (CIRP) against JIL. BR BR Held that - in the absence of a statu....... + More

  2. 2018 (8) TMI 591

    Corporate insolvency process - Held that - The claim of the FCs that the FC-1 had granted a loan to the tune of ₹ 31, 66,000/- to the CD on 16-05-2013 and FC 2 had granted a loan to the tune of ₹ 72,32,000/- to the CD on 27-05-2013 on the terms and conditions, enumerated in the Annexures B and B-1, in a very poor light which , in turn, throw its weight more and more not behind the claim of the applicants herein -but-- behind the claim....... + More

  3. 2018 (8) TMI 590

    Corporate insolvency resolution process for non-payment of dues - compliances required under Section 9(5)(i) for admitting the Application - Held that - No evidence of repayment of any amount by the Corporate Debtor to the Operational Creditor. No repayment was made within the prescribed statutory period of ten days under Section 8(2)(b) of the I&B Code which gave the right to the Operational Creditor to file this present Application under Sectio....... + More

  4. 2018 (8) TMI 589

    Corporate Insolvency Resolution Process - Held that - In the case in hand the respondent company has committed default in repayment of the outstanding amount. Moreover, the application of the financial creditor is complete and there is no disciplinary proceeding pending against the proposed IRP. We are satisfied that the present application is complete and the applicant financial creditor is entitled to claim its outstanding financial debt from t....... + More

  5. 2018 (8) TMI 588

    Initiating Corporate Insolvency Resolution Process - pre-existing dispute - Held that - There is nothing on record which proves that there was pre-existing dispute relating to the alleged debt amount. Given above said facts and principle laid down in above cited case the contention of the respondent that there was a pre-existing dispute regarding goods/services given by the Operational Creditor to the Corporate Debtor is found devoid of merit. BR....... + More

  6. 2018 (8) TMI 446

    Corporate insolvency process - application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 - pre-existing dispute - Held that - The defense put up is not a mere sham or illusory and coupled in addition with the proceedings before the criminal court pending ever since 2012 clearly establishes that the dispute is of such a nature as between the parties which cannot be decided in a summary manner. In this connection, this Tribunal ....... + More

  7. 2018 (8) TMI 138

    Corporate Insolvency Resolution Process - Held that - This Adjudicating Authority has ascertained the existence of a default on the part of the Corporate Debtor/ Guarantor. The Financial Creditor has fulfilled all the requirements of law and has also proposed the name of IRP after obtaining the written consent in Form-2. Therefore, CP/699/(IB)/CB/2017 is admitted and the commencement of the Corporate Insolvency Resolution Process is ordered which....... + More

  8. 2018 (7) TMI 1741

    Winding up petition - Company Court jurisdiction while dealing with the winding up petitions to stay the proceedings before the NCLT in respect of revival or resolution issue - Held that - The general legal principles of interpretation of statute state that the general law should yield to the special law. In the context of the present statute i.e. IBC 2016, we are of the view that the Companies Act 1956 could be treated as general law and IBC, 20....... + More

  9. 2018 (7) TMI 1740

    Corporate Insolvency Resolution Process - Initiation of corporate insolvency resolution process by financial creditor - Held that - As evident from the perusal of documents Annexure R(l)(Colly) & Annexure R(2) filed by the Financial Creditor along with the rejoinder that the shareholders of the Respondent Company are also the members of the Association, and thus fall under the same management. It is further obvious that the affairs of the Ass....... + More

  10. 2018 (7) TMI 1690

    Initiation of Corporate Insolvency Resolution Process - Held that - If the application is filed under Section 7, default in respect of a financial debt owed to any of the Financial Creditors of the corporate debtor, it need not be a default of debt owed to the particular Financial Creditor and may be a Co-Financial Creditor under Section 7(2). Application made under Sub-section (1) in the form prescribed required to accompany the documents and re....... + More

  11. 2018 (7) TMI 1689

    Corporate insolvency proceedings - Held that - There is a dispute about invoices issued by the Operational Creditor, one to the Appellant (Corporate Debtor) and another to one M/s Pebble Bay Developers Pvt. Ltd. , which is sister concern of the Corporate Debtor, we are of the view that application under Section 9 was not maintainable. For the said reason we set aside the impugned order dated 26th April, 2018 passed by the Adjudicating Authority (....... + More

  12. 2018 (7) TMI 1634

    Initiation of Corporate Insolvency Resolution Process - proof of outstanding debt - Held that - The conditions in the loan agreement that unsecured loans, obtained by the CD, would be non-interest bearing as well as the conditions that such loans cannot be repaid during the currency of the bank loan are all business decisions, taken by the parties thereto in the best interest of all concerned and as such, said cannot be questioned alleging that s....... + More

  13. 2018 (7) TMI 1633

    Corporate Insolvency Resolution Process - outstanding debt - Held that - It is the case of the Operational Creditor that the aforesaid amount of ₹ 30/- crores was advanced by it to Monnet Ispat for construction of power plant and supply of ancillary equipment. The Operational Creditor is to stand in the shoes of its Predecessor-in-interest. The relationship between them was that of supplier of goods and services which is fully covered by th....... + More

  14. 2018 (7) TMI 1632

    Insolvency Resolution Professional (IRP) - plea of the IRP seeking for his discharge - Held that - It is evident from the representations of the OC, CD as well as Financial Creditors who are before us that there is prime need for the CIRP Process to commence, as envisaged under the provisions of IBC, 2016 and in consonance with the order of admission of CIRP as initiated against the CD by this Tribunal. BR BR From the submissions made by the stak....... + More

  15. 2018 (7) TMI 1335

    Corporate Insolvency Resolution Process - proof of debt - Held that - The stand of financial creditor (SBI) that the applicant has not come with clean hands and has suppressed facts, cannot be a ground to reject the application if it is otherwise complete. BR BR The other two financial creditors have raised almost similar objections which cannot detain us from proceeding under Section 10 of the Code. The other objection that action under SARFAESI....... + More

  1. 2018 (8) TMI 736

    Commercial or Industrial Construction Service - activity of laying underground optical fiber cables for telecom companies like Reliance Communication, Vodafone Essar, BSNL and IDEA Cellular - Circular No 123 / 5/ 2010-TRU dated 24th May 2010 - Held that - The activities undertaken by the respondent to be akin to those mentioned at Sl No 2 & 3 in the table in the said circular. In respect of the said Sl No 2 & 3 it has been clarified that ....... + More

  2. 2018 (8) TMI 735

    Benefit of abatement - GTA Services - reverse charge mechanism - Revenue entertained a view that inasmuch as the GTA service provider has not endorsed the consignment notes to the effect that such credit has not been available by them, the appellant is not entitled to the abatement of 75% - Held that - An identical matter was the subject matter of the Hon ble Gujrat High Court in the case of Commissioner of Service Tax, Ahmedabad V/s Cadila Pharm....... + More

  3. 2018 (8) TMI 704

    Extended period of limitation - Section 73 of the Finance Act, 1994 - the fact of rendering of taxable service by the Respondent came to the notice of the Appellant while conducting Audit of the books and accounts of a third party - BR BR Held that - The issue as to what would amount to wilful mis-statement or supression of fact has been dealt with by the Supreme Court in Uniworth Textiles Ltd. v CCE, Raipur 2013 (1) TMI 616 - SUPREME COURT where....... + More

  4. 2018 (8) TMI 703

    CENVAT Credit - various input services - Travel Expenses - Transport of Household goods - Insurance - Rent. BR BR Travel expenses - Held that - The credit is allowed on this service - credit allowed. BR BR Transport of Household goods - Held that - Ld. Consultant is not pressing the above issue and requests that the same may be dismissed. BR BR Insurance Service - Employees Group Mediclaim and Personal Accident Policy - Assets of the company, whi....... + More

  5. 2018 (8) TMI 702

    Banking and Other Financial Services - dormant account charges - It appeared to the department that such charges would be required to be part of the gross amount of value of taxable service for purposes of discharging service tax liability - Held that - There is no service being provided to the customer in the course of levying such charges. The customer in any case was not operating his account for quite some time, only for which reason the acco....... + More

  6. 2018 (8) TMI 701

    Scope of SCN - Held that - The order passed by the Commissioner in Order-in-Review in terms of Section 84 of the Finance Act, 1994, clearly transgressed the scope of the initial show-cause notice. The initial show-cause notice demanded service tax under the category of C & F Agents. While passing the Review order, the Commissioner has held that the services rendered by the appellants fall under Business Auxiliary Service . For this reason its....... + More

  7. 2018 (8) TMI 700

    Classification of services - assessee herein has a contract with M/s Ushodaya Enterprises Ltd., under which they collected newspaper bundled and distributed them to various agents for a consideration - whether to be classified under Business Auxiliary Service or under Clearing and Forwarding services - Held that - As observed by the First Appellate Authority in his Order No. 10/2009 dated 26.02.2009 at the time show cause notice was issued, the D....... + More

  8. 2018 (8) TMI 699

    Banking and other Financial Services - Benefit of N/N. 6/2006- ST dated 01.03.2006 - appellant, agent of RBI - It was contended by the Department that CBEC vide its Circular No. 356/53/2007 TRU has clarified that service is leviable on the taxable services provided irrespective of status of the consumer of service - Held that - The appellants are working as an agent of RBI in the discharge of sovereign functions, therefore, whatever exemption is ....... + More

  9. 2018 (8) TMI 698

    Business Auxiliary Services - It has been case of the Department that the appellant was not paying Service Tax on the commission received by him from M/s Amway - Held that - The matter is no longer re-intergra as this Tribunal in the case of MR. CHARANJEET SINGH KHANUJA AND OTHERS VERSUS CST, INDORE/LUCKNOW/JAIPUR/LUDHIANA AND OTHERS 2015 (6) TMI 585 - CESTAT NEW DELHI has already laid down the principles with regard to the facts as involved in t....... + More

  10. 2018 (8) TMI 697

    CENVAT Credit - RCC pipe RCC Main pillar HR Sheet Conical Manhole, Cement HRC sheet etc used in fabrication of Structural support - Held that - The issue is decided in favor of Maruti Suzuki Ltd. Vs. CCE, Delhi-III 2009 (8) TMI 14 - SUPREME COURT , where it was held that assessee is entitled to credit on the eligible inputs utilized in the generation of electricity to the extent to which they are using the produced electricity within their factor....... + More

  11. 2018 (8) TMI 696

    Rectification of mistake - Time limitation - the ROM rejected on the ground that the application of the Revenue is hopelessly time barred - Held that - Admittedly, this ROM has been filed beyond the period of six months or 180 days from the date of receipt of the final order by Revenue at Alwar Commissionerate on 9.6.2017. Even if the time taken by the Revenue before the Hon ble High Court is excluded i.e. the period from 4.12.2017 to 21.02.18, s....... + More

  12. 2018 (8) TMI 695

    Refund of accumulated CENVAT Credit - Rule 5 of Cenvat Credit Rules, 2004 read with notification - refund rejected on the ground that the activity of the appellant does not amount to export of services - Held that - The activity of the appellant amounts to export of service - matter remanded back to the file of the Assistant Commissioner /Deputy Commissioner for consideration of their refund in accordance with law - appeal allowed by way of reman....... + More

  13. 2018 (8) TMI 694

    Condonation of delay in filing appeal - Held that - It cannot be said that any misstatement is made in the COD. The petition also reveal that the management took immediate action upon the fact of such order in appeal was brought to its notice by their Chartered Accountant. BR BR When substantial justice and technical consideration are pitted against each other, cause of substantial justice deserves to be preferred for the other side cannot claim ....... + More

  14. 2018 (8) TMI 693

    Extended period of limitation - Commercial Training or Coaching Services - Held that - No case for suppression and/or malafide conduct is made out against the Appellants. Accordingly, the demand for the extended period is not sustainable and also that the Appellant is not liable to pay Service Tax for the period prior to 27.02.2010. BR BR Penalty u/s 78 set aside - As far as penalty imposed under Section 76 is concerned, the matter remanded to th....... + More

  15. 2018 (8) TMI 692

    Cleaning services - appellant providing cleaning of coaches services to Indian Railways for a period with effect from 1.4.2011 to 31.3.2011 - Held that - Since the period in dispute is prior to 2012 i.e. prior to incorporation of the concept of negative list when onwards these services have been covered under Section 65(105)(zzzd) and made taxable. Hence, the definition of cleaning service as was existing prior to year 2012, is relevant for the p....... + More

  1. 2018 (8) TMI 734

    Benefit of N/N. 12/2012-CE dated 17th March, 2012 - exemption claimed on the ground that they being a new unit, escaped attention to the N/N. 12/2012-CE dated 17th March, 2012 extending complete exemption for the medicaments biochemic system not bearing a brand-name - exemption denied by the Department on the ground that the appellants are registered since November, 2013 under Central Excise Registration. BR BR Whether a lighted lamp shown on the....... + More

  2. 2018 (8) TMI 733

    Reversal of Cenvat Credit while opting for SSI exemption - demand of credit attributable to inputs, semi finished goods and finished goods lying in stock on the date of opting for the exemption under N/N. 8/2003-CE dated 01.03.2003 - Rule 11(3) of Cenvat Credit Rules, 2004 - Held that - The assessee is require to reverse the cenvat credit lying in their cenvat credit account on the date of opting for exemption on the inputs, semi finished goods a....... + More

  3. 2018 (8) TMI 732

    Valuation - inclusion of freight and insurance in the assessable value for the manufactured goods delivered at the buyers premises - place of removal taken as buyer s place - Held that - This issue is no more res-integra and covered by the judgment of Hon ble Supreme Court in the case of Commissioner of Customs & Central Excise, Nagpur vs. Ispat Industries Ltd. 2015 (10) TMI 613 - SUPREME COURT , where it was held that The actual cost of tran....... + More

  4. 2018 (8) TMI 689

    Reversal of CENVAT Credit - credit reversed on the input removed as such, is lesser than the CENVAT Credit taken on such inputs - Held that - It cannot be disputed that the goods were removed only to the sister unit of the appellant. In a plethora of decisions, higher appellate forums have consistently held that in such situations there would be revenue neutrality, since even if the credit had been reversed or the duty paid, the sister unit would....... + More

  5. 2018 (8) TMI 688

    MODVAT/CENVAT credit - Department contended that they have cleared the waste and scrap of inputs and capital goods and rejected/damaged inputs on which they had availed CENVAT credit and have not reversed the credit availed on such inputs while clearing such wastes and scraps from the factory in contravention of CENVAT Credit Rules, 2004 - Held that - The Department has not adduced any evidence to show that the credit has been availed by the appe....... + More

  6. 2018 (8) TMI 687

    Rectification of mistake - applicant has stated that the submissions made by it in the grounds of appeal and the relied upon decisions have not been considered - Held that - The submissions of the appellant and relied upon decisions have not been considered by the Tribunal - In the interest of justice, the appeals can be relisted for consideration of the submissions made by the applicant - ROM application allowed........ + More

  7. 2018 (8) TMI 686

    SSI Exemption - clubbing of Clearances - common Directors - it has been argued that the appellant M/s Pharma Chem Services and M/s Sanj Pharma Engineering Pvt. Ltd are both separate legal entity and they cannot be treated as a one person for the purpose of SSI exemption - Difference of opinion. BR BR Held that - There is difference of opinion on the matter Whether the appeals are to be rejected as held by Learned Member (Technical) or the same ar....... + More

  8. 2018 (8) TMI 685

    Rectification of Mistake - The applicant contended that the issue raised before the Tribunal regarding admissibility of the disputed goods for the purpose of Cenvat benefit have not been addressed, while passing the order dated 23.10.2017 - Held that - Since the submissions made by the appellant were adequately dealt with by the Tribunal vide order dated 23.10.2017, it cannot be said that there is a mistake apparent on the face of such order whic....... + More

  9. 2018 (8) TMI 684

    Rectification of Mistake - case of applicant is that since the Tribunal has not considered the instruction/circular issued by the CBEC in respect of the litigation policy and allowed the appeal of the Revenue on merits, the order dated 17.11.2017 should be recalled and should be decided in terms of the litigation policy issued by the CBEC - Held that - Since the entire order was dictated in presence of both the sides, it cannot be said that some ....... + More

  10. 2018 (8) TMI 683

    Rectification of Mistake - Held that - In the former order, the Tribunal has recorded different observations, than that observed in the second order. There is an apparent mistake in the order dated 20.12.2017 passed by this Tribunal, which can be rectified in the interest of justice. BR BR The ROM application filed by the applicant is considered and for appreciating the issue involved in this case, the appeal is relisted for final hearing on 27th....... + More

  11. 2018 (8) TMI 682

    CENVAT Credit - fake invoices - non supply of material - Held that - In the same investigation in another case of Neosym Industry Ltd. and others by order No. A/86911-86914/16/SMB dated 01.04.2016 wherein M/s Wind Industries was also made a noticee, this tribunal while disposing the appeal remanded the matter to the adjudicating authority - the Ld. Bench has found that the case of the Wind Industries is not yet finalised, and the matter was reman....... + More

  12. 2018 (8) TMI 615

    Condonation of delay in filing appeal - Section 35H of the Central Excise Act - Held that - The petitioner was served with a duly attested copy of the order dated 19.03.2014, and the Commissioner (Appeals) has found that there is no denying the fact that the appellant (present petitioner) had received the attested copy of the said order. BR BR Against the impugned order as contained in Annexure- 12 passed by Commissioner (Appeals), the petitioner....... + More

  13. 2018 (8) TMI 613

    Clandestine manufacture and removal - shortage of MS Ingots and inputs - stock taking based on eye-estimation - Held that - Admittedly the stock of finished goods was also verified on eye-estimation basis inasmuch as there are neither any inventories nor any weighment slips produced by the Revenue to show that the said stock was actually weighed. The MS ingots being heavy material required weighment by a weigh-bridge and there is nothing to sugge....... + More

  14. 2018 (8) TMI 612

    Classification of goods - various bought-out electrical items and accessories - Revenue entertained a view that the assessee-appellant is liable to Central Excise Duty on such BPL kits cleared by them to their clients. - process amounting to manufacture or not. BR BR Held that - The appellant-assessee did not undertake any process in the form of assembling the electrical components and accessories which will result in a new identifiable product h....... + More

  15. 2018 (8) TMI 611

    100% EOU - Refund of CENVAT credit - Rule 5 of CENVAT Credit Rules r/w N/N. 27/2012-CE dated 18.06.2012 - denial of refund on the ground of time limitation - Held that - Refund of CENVAT credit is available as per Rule 5 of the CENVAT Credit Rules, 2004. Subject to procedure, safeguards, conditions and limitations as may be specified by the Board by notification in the official gazette. Thus it is clear that eligibility of refund under the Rules ....... + More

  1. 2018 (8) TMI 681

    Stay application - condonation of delay in filing appeal - Held that - The Special Leave Petitions are dismissed on the ground of delay, leaving the question of law open........ + More

  2. 2018 (8) TMI 600

    Imposition/liability of interest under Section 8(1) of the U.P. Sales Tax Act, 1948 - purchase of Opium - Section 3-AAAA of the Act. BR BR Held that - Admittedly the revisionist is a Union of India undertaking and it deals in procurement, distribution as well as export of Opium its derivatives and life savings medicines and exportation thereof - The admitted fact that the assessing authority has passed the assessment orders for all the assessment....... + More

  3. 2018 (8) TMI 599

    Time Limitation - whether this Court can entertain a Revision Petition under Section 48(1) of the Himachal Pradesh Value Added Tax Act, 2005, which is filed beyond the period of limitation so prescribed in the Statute? BR BR Held that - There is no provision whatsoever contained in Himachal Pradesh Value Added Tax Act, 2005 by virtue of which it con be inferred that that any provision of Limitation Act was to apply to a proceeding under this Act ....... + More

  4. 2018 (8) TMI 529

    Compounding of offences - section 74 of the Kerala Value Added Tax Act, 2003 - Petitioner challenges the assessment order inter alia contending that it was based on a compounding order which is patently illegal - Held that - The Special Leave Petition is dismissed........ + More

  5. 2018 (8) TMI 528

    Principles of Natural Justice - reversal of Input Tax Credit - the original invoices were not produced before the Enforcement Wing officials at the time of surprise inspection, nor they were enclosed in the objections submitted by the petitioner - Held that - Admittedly, the petitioner while filing his objections, has given an undertaking that he will produce the original invoices before the respondent - It is well settled that before deciding th....... + More

  6. 2018 (8) TMI 527

    Levy of Luxury Tax - inclusion of rent charged on furniture and utensils in the total turn over for determination of the luxury tax - Kerala Tax on Luxuries Act, 1976 - Held that - When, as submitted by the learned counsel, utensils and furniture are supplied by outsiders even on rent, then necessarily, such component cannot be included in the turn over of the assessee. However, the assessee has not been able to show even in one instance, when su....... + More

  7. 2018 (8) TMI 526

    Input tax credit - double claim of input tax credit - Section 19(18) of the Tamil Nadu Value Added Tax Act, 2006 - Held that - It is admitted fact that there is an excess input tax credit to the credit of the petitioner. Even assuming that the respondent wanted to reverse the input tax credit, he ought to have deducted the same from the available credit of the petitioner as on 30.06.2017. BR BR Since the Goods and Service Tax Act came into force ....... + More

  8. 2018 (8) TMI 452

    Input Tax Credit - Reduction in set off - Axis Gold ETF Scheme - denial of ITC as the goods purchased by the petitioner on which input tax credit is claimed are not resold within a period of six months from the date of purchase - Rule 53 of the MVAT Rules, 2005 - Separate legal entity of Trust - clubbing of receipts of different schemes, of which the same person acts as a trustee - Held that - There is a single Deed of Trust. There may be separat....... + More

  9. 2018 (8) TMI 451

    Whether in the facts and under the circumstances of the case the impugned order staying the realization of disputed amount of penalty/demand to the tune of 65% stands justified even though the demand prima- facie reflects the arbitrary, illegal and conjectural approach? BR BR Held that - In view of law laid down in the case of Tata Motors Limited 2016 (7) TMI 1300 - ALLAHABAD HIGH COURT , the order of the Tribunal dated 6.7.2018 insofar as it rel....... + More

  10. 2018 (8) TMI 450

    Export sale - Section 3(4) of the Act - respondent had purchased goods against Form XVII declarations and used the same in the manufacture of goods which were sold outside the state - Held that - Identical set of facts decided in the case of Tube Investment of India Ltd., v. State of Tamil Nadu 2010 (10) TMI 938 - MADRAS HIGH COURT , where it was held that Section 3(4) of the Act will have no application since situs of the export sales of the pet....... + More

  11. 2018 (8) TMI 350

    Levy of Trade Tax - Stock Transfer of Goods - submission of statutory Form F - inter-state sale or not. BR BR Whether, on the facts and in the circumstances of the case, Stock Transfer of Goods and submission of statutory Form F attracts Trade-tax? BR BR Whether, on the facts and in the circumstances of the case, the Form F would be considered conclusive proof of Stock Transfer? BR BR Whether, on the facts and in the circumstances of the case, St....... + More

  12. 2018 (8) TMI 349

    Validity of assessment order - Pending stay petitions - Held that - The petitioner has exercised on time its statutory remedy of filing an appeal. It appears that it has also filed a stay petition. Procedural fairness demands that the authorities may wait, before taking further steps, until the appellate authority decides on the stay petition. BR BR The writ petition disposed off directing the respondent authority to defer coercive steps until th....... + More

  13. 2018 (8) TMI 348

    Validity of Rules 42 and 43 of the Rules for the purpose of assessment under the provisions of the Karnataka Value Added Tax Act, 2003 - deduction of only 15% while estimating the suppressed turnover - KVAT Act. BR BR Held that - The estimate of suppressed turnover by the authorities under the KVAT Act are findings of fact in the realm of best judgment assessment by the authorities and unless there is a perversity in the same, no question of law ....... + More

  14. 2018 (8) TMI 302

    Principles of Natural Justice - Held that - This Writ Petition can be conveniently disposed of by accepting the alternate and without prejudice proposal of the respondents. While accepting that alternate request and without prejudice proposal, we clarify that we have not endorsed any of the pleas of the petitioners as raised in the petition - Whether it was a calculation or arithmetical mistake or otherwise or is an attempt to reopen a completed ....... + More

  15. 2018 (8) TMI 301

    Appointment in Maharashtra Sales Tax/VAT Tribunal - Held that - The High Court has mentioned that State shall ensure that Members shall be judicially trained in the sense that they have long experience of dealing with the quasi-judicial proceedings - SLP dismissed........ + More

  1. 2018 (8) TMI 741

    Security interest in agricultural land - Validity of proceedings under the SARFAESI Act, 2002 - applicability of act to agricultural land - Held that - The expression security interest , both before and after the amendment, excludes what is specified in Section 31. Clause (i) of Section 31 stipulates that the provisions of the Act will not be applicable to any security interest created in agricultural land. The statutory dictionary in Section 2 d....... + More

  2. 2018 (8) TMI 740

    Reliefs of declaration and injunction - who is the owner of the properties - Section 3(2) of the Benami Transactions (Prohibition) Act, 1988 - Held that - The trial court has committed a grave and fundamental error in rejecting the suit plaint under Order VII Rule 11 CPC by relying upon the provision of Section 4 and repealed provision of Section 3(2) of the Benami Transactions (Prohibition) Act. When the impugned judgment was passed on 19.12.201....... + More

  3. 2018 (8) TMI 739

    Suspending the execution of sentence - Section 138 of the Negotiable Instruments Act, 1881 - Held that - Hon ble Supreme Court in case titled as Stanny Felix Pinto v. Jangid Builders Pvt. Ltd., 2001 (1) TMI 878 - SUPREME COURT OF INDIA held that a pre condition for suspending the execution of sentence, of imprisonment imposed upon the convict, it being not imperative for the Court, to, direct the convict to deposit the entire fine amount/compensa....... + More

  4. 2018 (8) TMI 738

    Refund of two Fixed deposits made with Interest - total denial of the receipt of ₹ 30 lakhs in cash from the respondent by Bank. BR BR Whether the suit filed by the respondent/plaintiff is barred by the law of limitation? - Held that - This Court does not want to go into this question for the first time at the stage of appeal. It is true that the question of limitation can be gone into by a Court, even without the same being raised as an is....... + More

  5. 2018 (8) TMI 737

    Dishonor of Cheque - Section 138 of Negotiable Instrument Act - rebutting of presumption - Held that - In Rangappa v. Sri Mohan 2010 (5) TMI 391 - SUPREME COURT OF INDIA it is held by Hon ble Supreme Court that it is a settled position that when an accused has to rebut the presumption under Section 39, the standard of proof for doing so is that of preponderance of probabilities . Therefore, if the accused is able to raise a probable defence which....... + More

  6. 2018 (8) TMI 707

    Dishonor of Cheque - presumption to debts / liability - original accused has been acquitted by the trial Court for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 - trial court found that although the respondent had not adduced any direct evidence, the material that came on record in cross-examination of the appellant was sufficient to support the defence of the respondent. BR BR Held that - the appellant was clearly ....... + More

  7. 2018 (8) TMI 706

    Dishonor of cheque - Section 138 of the Negotiable Instruments Act, 1881 - case of petitioner is that the trial Court had taken cognizance of the complaint without taking recourse to inquiry under Section 202 of the Code of Criminal Procedure - Held that - In the case of Dr.(Mrs.) Rajul Ketan Raj 2016 (2) TMI 1140 - BOMBAY HIGH COURT , this Court after taking into consideration several decisions, has taken a view that it is not mandatory to hold ....... + More

  8. 2018 (8) TMI 705

    Professional misconduct - Disciplinary Proceedings against the Chartered Accountant (member of ICAI) - CIT (A) has reviewed all statements recorded, documents seized and the statement of the Appellant before the Income Tax and found the Appellant involved in arranging the bogus bills through bogus concerns promoted by him and charged commission for that. - Board of Discipline held him guilty under Clause (10) of Part-I and Clause (2) of Part-IV o....... + More

  9. 2018 (8) TMI 633

    Dishonor of Cheque - sufficient evidence to prove dishonor of cheque within statutory period. BR BR Held that - In the present case, if the findings of the trial Court that the appellant had failed to prove dishonour of cheque and that the complaint could not be said to have been filed within limitation, are found to be erroneous, then the impugned order acquitting the respondent will have to be reversed. Since the trial Court found that the issu....... + More

  10. 2018 (8) TMI 632

    Whether the Appellate Tribunal has committed an error in holding that, the provisions of the RERA are applicable to the Agreement of Lease executed between Appellant and Respondents? - Held that - The intention of the Legislature, which is found reflected in the Objects and Reasons of the Act and its various provisions, makes it abundantly clear that, to all the projects, wherein the possession of the apartments is to be handed over in considerat....... + More

  11. 2018 (8) TMI 631

    Cheque bounce case - Prosecution proceedings u/s 138 of the Negotiable Instruments Act - Whether moratorium prohibiting institution of a proceeding as provided for in Section 14 of the Insolvency and Bankruptcy Code, 2006 (hereinafter referred to as Code) applies even to a criminal proceeding. - Held that - The criminal revision should not have been directed to be kept in abeyance by resorting to Section 14 of the Code. For that matter even the N....... + More

  12. 2018 (8) TMI 630

    Dishonor of cheque - Prosecution of the respondents - it was alleged that no payments had been made by them pursuant to the notices of demand in the wake of dishonor of certain cheques which had been issued by the respondents in favour of the petitioner (complainant) towards discharge of their liability. BR BR Held that - The legislature has thus clarified that the court within whose local jurisdiction the branch of the bank where the payee or th....... + More

  13. 2018 (8) TMI 497

    Reversal of Order of Conviction - Offence under Section 138 of the Negotiable Instruments Act, 1881 - Held that - P.W.1 P.Venkatesan , who is the Power of Attorney admitted in his cross examination that he did not know the particulars about the lending of money to the respondent. In this regard, in his cross-examination, he specifically stated that he did not know the transaction happened between his wife and the respondent - The said circumstanc....... + More

  14. 2018 (8) TMI 181

    Omission to issue the notice under Section 34(5) of the Arbitration Act, 1996, as amended by the Act 3 of 2016 - Held that - The substantive right of a party to challenge an arbitral award is provided by sub-sections (2) and (2A) of Section 34 of the Act stipulating the grounds on which an arbitral award can be set aside by the Court. Sub-sections (3) of the said Section 34 of the Act lays down the statutory period of limitation within which an a....... + More

  15. 2018 (8) TMI 180

    Contravention of Competition Act - direction to Opposite Parties to cease and desist from indulging in such activity - contravention of Section 3(3)(a) & (b) of the Competition Act, 2002 - alleged price increase - Held that - The Commission not only looked into Sate-wise Market but also Region-wise Market and range of percentage change in prices between 2007-2011. The Commission has noticed the Range of Percentage change of different years fo....... + More

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