Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
CGST - Acts + GST Rates GST Ntf. GST Forms GST - Manual GST - FAQ State GST Acts SGST Ntf. I. Tax Manual
Recent Case Laws

Order By:

  • Income Tax
  • GST
  • S. Tax
  • C. Excise
  • Customs
  • Co. Laws
  • FEMA
  • Others
  1. 2017 (8) TMI 859 - SUPREME COURT

    Commissioner of Income Tax, Cochin Versus M/s Travancore Cochin Udyoga Mandal

    Claim for deduction of lease rent - allowable in assessment year wherein the dispute relating to lease rent has attained finality OR wherein the lease rent was fixed by the Government - Held that - We are of the view that having regard to the nature of issue involved which is a mixed question of law and fact, it would be just and proper to remand the case to the Tribunal for deciding the issue afresh on merits. BR BR The need to remand the case t....... + More

  2. 2017 (8) TMI 858 - ALLAHABAD HIGH COURT

    Pr. Commissioner of Income Tax, Varanasi Versus Late Rama Shankar Yadav

    Addition u/s 69C - CIT(A) confined the addition to only 5 of the amount spent on purchases based on past record of profits - sufficient good cause from submitting the explanation to justify the expenditure Held that - In the facts and circumstances of the present case, the assessee could not submit the explanation within the time allowed due to his death and the heirs were unable to explain the same as they had no knowledge of the business of the....... + More

  3. 2017 (8) TMI 857 - BOMBAY HIGH COURT

    Commissioner of Income Tax Versus Ajanta Pharma Limited

    Allowable business expenditure - kickback payment or commission payment - kickbacks demanded by Iraq Government and under this method certain levies were imposed - Held that - The sum and substance of the lengthy discussion in the Tribunal s order is that even if what is alleged by the Assessing Officer and relying upon the report is taken as true and correct, still, the participation of the assessee was not established and proved. The assessee w....... + More

  4. 2017 (8) TMI 856 - BOMBAY HIGH COURT

    The West Coast Paper Mills Ltd. Versus The Additional Commissioner of Income Tax

    Admitted on the following substantial questions of law. BR BR 1) Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in holding that, indirect expenses which were not directly relatable to the power units had to be reduced in arriving at the profits of the power units for the purpose of computing deducting under section 80IA of the Act? BR BR 2) Whether on the facts and in the circumstances of the case and....... + More

  5. 2017 (8) TMI 855 - BOMBAY HIGH COURT

    Prashant M. Timblo Versus Chief Commissioner of Income-tax, Panaji, Commissioner of Income-tax, Dy. Director of Income-tax, International Taxation, Assistant Commissioner of Income-tax, Union of India

    Reopening of assessment - benefit of the DTAA between India and UAE disclosure - Held that - In the present case whilst taking the impugned action, we find that there are no specific reasons recorded what was the material which was not truthfully disclosed. As pointed out herein above, the fact that the petitioner was claiming the benefit of the DTAA between India and UAE would clearly disclose that at the relevant time the requirement of period ....... + More

  6. 2017 (8) TMI 854 - DELHI HIGH COURT

    Pr. Commissioner of Income Tax Versus Glorious Club Pvt Ltd.

    Inordinate delay of 887 days in re-filing the appeal - budgetary constraints of the Department which delayed payment of the differential court fees as a result of the Court Fees Delhi Amendment Act, 2012 which came into force on 1st August 2012 - Held that - The first ground is entirely unconvincing. Much prior to the initial filing of the appeal, the Court Fees Act applicable to Delhi stood amended. BR BR Practice directions issued by the Court ....... + More

  7. 2017 (8) TMI 853 - DELHI HIGH COURT

    Pr. Commissioner of Income Tax Versus National Industrial Corporation Ltd

    Condonation of delay in re-filing the appeal - reasons for delay - change of Standing Counsel for the Department and the failure by the earlier counsel to inform the Department about the appeal lying in defect - Held that - This explanation does not impress the Court. It is not possible to accept that no one in the Department followed up on the filing of appeals and allowed a period of more than three years to elapse before the appeal could be re....... + More

  8. 2017 (8) TMI 852 - ITAT MUMBAI

    DCIT 7 (2) , Mumbai Versus M/s. Reliance Natural Resources Limited And Vice-Versa

    Expenditure incurred in connection with the issue of FCCB - nature of expenditure - revenue or capital expenditure - Held that - Expenditure incurred in connection with the issue of FCCB is deductible as revenue expenditure. BR BR TDS u/s 195 - Disallowance u/s. 40(a)(i) - non-deduction of tax at source from certain payments - Held that - We notice that the Ld CIT(A) has accepted the contentions of the assessee and accordingly deleted the disallo....... + More

  9. 2017 (8) TMI 851 - ITAT MUMBAI

    Assistant Commissioner of Income Tax 16 (3) , Mumbai Versus Mani Exports

    Mark-to-Market losses arising on revaluation of forward contract agreements on the closing date of accounting year - Held that - he assessee is into the business of import and export of diamonds and restate foreign denominated assets and liabilities at year-end in Indian rupees and recognize resultant profit or gain in the profit & loss account. This accounting methodology is consistently being followed by the assessee and further the same ac....... + More

  10. 2017 (8) TMI 850 - ITAT DELHI

    Chhote Lal Chauhan, C/o M/s P Chauhan & Company, Smt. Bharto, C/o M/s P Chauhan & Company And Umesh S/o Bhule Ram, C/o M/s P Chauhan & Company Versus ITO, Ward 1 (2) , Noida Versus ITO, Ward 1 (2) , Noida

    Capital Gains - Determination of total sales consideration of the lease rights allotted in the land - applicability of provisions of the Section 50C - issue of cost of acquisition (COA) of residential plots - Held that - AO has completed the assessment u/s. 144/147 of the Act. Further find force in the contention of the Ld. Counsel of the assessee that Ld. CIT(A) has not fully adjudicated the grounds of appeal and also not considered the Written ....... + More

  11. 2017 (8) TMI 849 - ITAT COCHIN

    M/s. Lakshadweep Development Corporation Ltd. Versus The Assistant Commissioner of Income-tax, Circle-1 (2) , Ernakulam

    Eligibility to claim u/s. 10(26B) - proof of promoting the interest of the members of the scheduled tribes - Held that - Section 10(26B) was inserted by the Finance Act, 1980 as provides for exemption from income tax to any body, institution or association wholly financed by the Central or a State Government, or to a statutory corporation, established for promoting the interests of the members of the Scheduled Castes and/or the Scheduled Tribes. ....... + More

  12. 2017 (8) TMI 848 - ITAT DELHI

    ACIT Circle-II, Faridabad Versus Sunil Parkash, Prop. M/s. Cromewell Industries And Vice-Versa

    Claim of deduction u/s 80IB - denial of claim on the ground of the last year that the assessee was not manufacturing DG sets at Jammu Unit - Held that - The process flow chart of manufacturing of DG sets filed by the assessee exhaustively describes the manufacturing process which involves three stages i.e. manufacturing of canopy of DG sets, manufacturing of DG set and manufacturing of AMF panel which also includes drilling, cutting acoustic foam....... + More

  13. 2017 (8) TMI 847 - ITAT MUMBAI

    ITO 29 (2) (1) And ITO 23 (2) (4) , Mumbai Versus Smt. Kundan K Buch

    Additions towards bogus purchases - parties have not responded to the notice u/s 133(6) - information received from Investigation Wing of Income-tax Department - non actual delivery of goods - Reopening of assessment - Held that - We find that a similar issue has been arisen for our consideration in the case of M/s Fagioli India Pvt Ltd 2017 (8) TMI 747 - ITAT MUMBAI under similar circumstances has considered the issue and after analysing the fac....... + More

  14. 2017 (8) TMI 846 - ITAT MUMBAI

    Metro Shoes Ltd. Versus Income Tax officer (TDS) -2 (2) , Mumbai And Vice-Versa

    TDS u/s. 194J - payments made towards Web Hosting Charges - whether Web Hosting Charges came within the purview of the definition of fees for technical services ? - Held that - Though the provision of Web Hosting Charges by the service provider would involve installation of sophisticated equipment on his part to facilitate rendering of such services to the customers, however the collection of a fee by him for use of such standard facility provide....... + More

  15. 2017 (8) TMI 845 - ITAT MUMBAI

    M/s Leena Kasbekar Versus ACIT, Cir. 112, Mumbai

    Addition u/s 14A - nexus between the expenditure claimed by the assessee and earning exempt income - adhoc disallowance of certain expenditures - Held that - In the absence of any direct nexus between expenditure claim to the exempt income, the AO cannot invoke the provisions of section 14A r.w.r. 8D(2) to disallow expenditure. Hence, we direct the AO to delete disallowances made u/s 14A r.w.r. 8D except demat charges of ₹ 574 which is dire....... + More

  16. 2017 (8) TMI 844 - ITAT HYDERABAD

    Oorjita Builders and Developers Pvt Ltd. Versus Income Tax Officer, Ward-2 (1) , Hyderabad.

    Sale of land at consideration less than the market value of the land - Applicability of section 50C - addition based on the inference that the assessee could have sold land at higher price as reflected in the records of the stamp valuation authorities - Held that - The tax authorities assumed that the provisions of Section 50C are applicable in such cases overlooking the fact that Section 50C is only applicable with respect to sale of capital ass....... + More

  17. 2017 (8) TMI 843 - ITAT HYDERABAD

    Vikas Kumar, Hyderabad Versus Dy. Commissioner of Income tax, Circle 8 (1) , Hyderabad.

    Exemption u/s 54 - disposing of the new house property within one year of purchase for commercial purpose - whether by entering into the Joint Development Agreement (JDA), the property will not loose the status of being residential property? - Held that - The assessee has invested the sale consideration in the residential property and it is not disputed that the new property is residential. It is only that assessee has not resided nor let out and....... + More

  18. 2017 (8) TMI 842 - ITAT COCHIN

    Income Tax Officer, Ward-3, Tirur Versus Edarikode Service Co-operative Bank Ltd. And Vice-Versa

    Eligibility for claiming deduction u/s. 80P - fulfillment of principal objective of providing agricultural credits to members - Held that - As in the case of The Chirakkal Service Cooperative Bank Ltd & others (2016 (4) TMI 826 - KERALA HIGH COURT ) has held that the primary agricultural credit society registered under the Kerala Cooperative Societies Act, 1969, is entitled to the benefit of deduction u/s 80P(2). BR BR In the instant case, ad....... + More

  19. 2017 (8) TMI 841 - ITAT COCHIN

    M/s Apollo Tyres Ltd. Versus The Dy. Commr. of Income Tax

    Assessment of income - filing of revised return - Held that - For the correct computation of income, it is required to start from the income shown in the revised return of income, filed by the assessee, once it is acknowledged that such a return is on record. At the same time, it is also imperative for Assessing Officer to verify what were the differences between the declared income as per the original return and declared income as per the revise....... + More

  20. 2017 (8) TMI 840 - ITAT MUMBAI

    ITO (IT) -1 (2) (2) , Mumbai Versus M/s. Bharti-AXA Life Insurance Co. Ltd.

    TDS u/s 195 - assessee treated as an A-I-D for not deducting tax with regard to payments made to RIRCL - P.E. in India - Held that - The Ireland Co. did not have PE in India, that the assessee was under bonafide belief that it had not to deduct tax for the payment made to RIRCL. Therefore we hold that the assessee cannot be treated as A-I-D and that interest charged by the TDS officer u/s. 201(1A) has to be deleted. Confirming the order of the FA....... + More

  21. 2017 (8) TMI 752 - DELHI HIGH COURT

    Pr. Commissioner of Income Tax Versus Delhi State Industrial Infrastructure Development Corp. Ltd.

    Nature of receipt towards Rent and maintenance charges - treatment as income - whether the amount received in trust for a specific performance and, therefore, should not be treated as an income in the hands of the Assessee - Held that - This Court having decided the issue of maintenance charges in favour of the Revenue and against the Assessee for AY 2007-08, there is no reason, particularly, without any change in the circumstances in the present....... + More

  22. 2017 (8) TMI 751 - GUJARAT HIGH COURT

    Principal Commissioner of Income Tax-1 Versus Kalupur CommerciaL Co-OP. Bank Ltd.

    Disallowance of business expenditure - Interest income - The principal source of recurring income of the assessee is from the members - as ITAT has observed, it was absolutely necessary for the assessee to maintain goodwill amongst its members and to lure them to continue to do their business with the society if it give presents to its members and to commemorate silver jubilee celebrations - Held that - Tribunal accepted the assessee s version th....... + More

  23. 2017 (8) TMI 750 - GUJARAT HIGH COURT

    Parbatbhai J Golakia Huf Versus Principal Commissioner of Income Tax-1

    Direct Tax Dispute Resolution Scheme, 2016 - scope of the term tax arrear - CIT was of the opinion that since the additions made for the assessment year 2007-2008 were having bearing on the materials impounded during search in case of Baldevbhai Bhikhabhai Patel, the application for being covered under the Scheme was not maintainable - Penalty u/s 271(1)(c) - Held that - The term tax arrear for the purpose of the said Scheme therefore, had a defi....... + More

  24. 2017 (8) TMI 749 - KERALA HIGH COURT

    Somasundaram Kesava Vilasom Bungalow, Kilikolloor, Kollam Versus The Chief Commissioner of Income Tax, Kochi, Kochi, The Tax Recovery Officer, Trichur And SMT. V.H. Kunhipathu

    Recovery of tax dues from the wife of deceased - earlier auction proceedings of the defaulter s property was stayed - While the stay order was in force the defaulter transferred the property - Subsequently, the Purchaser expired - validity of sale - The writ petition was dismissed by the learned Single Judge, mainly concluding that the defaulter having transferred the property, did not have locus standi to maintain an appeal under Rule 86 - Held ....... + More

  25. 2017 (8) TMI 748 - ITAT MUMBAI

    Ashutosh Heman Joshi Versus ITO, 19 (2) (1) , Mumbai

    Bogus purchases made from three parties - notices issued u/s 133(6) were returned by the postal authorities with the remark, not known - profit estimation - Held that - Though assessee has proved the initial onus cast upon him, but failed to substantiate the purchase with further evidence in the form of producing the parties in person as required by the AO. Therefore, considering the overall facts and circumstances of the case, we are of the view....... + More

  1. 2017 (8) TMI 44 - ALLAHABAD HIGH COURT

    GNG Enterprises Thru' Its Manager Kalyan Singh Versus State of U.P. & 2 Others

    Enforcement of the G.S.T. - Entitlement to collect entertainment tax as in the past upto 31st March, 2020 and to retain the percentage of it in accordance with the scheme - U.P. Entertainments and Betting Tax Act, 1979 - effect of C.GS.T. and U.P.G.S.T. Acts - Held that - Referring to petitioner that in view of Section 174 of the U.P.G.S.T. as there is no notification repealing the benefit conferred upon the petitioner under the scheme of the Act....... + More

  2. 2017 (7) TMI 623 - Delhi High Court

    JK Mittal & Company, Legalance IP Corp LLP Versus Union of India & Ors

    GST on legal services - reverse charge mechanism - Respondents (Government) are seeking more time to address the important legal and constitutional issues that arise in these petitions and it is asserted in the Court on behalf of the Respondents that as to date, in fact, no coercive action is taken against the lawyers, law firms or providers of legal services, Limited Liability Partnerships (LLP), for non-compliance with the legal requirement of ....... + More

  3. 2017 (7) TMI 542 - DELHI HIGH COURT

    JK Mittal & Company Versus Union of India & Ors.

    GST on legal services - Constitutional validity of Section 9 (4) of CGST Act - collection of GST on reverse charge basis from a person registered under the CGST Act, IGST Act or DGST Act in respect of goods supplied and services received by such person from a person who has not been so registered - whether the impugned Notification No.13/2017 dated 28th and 30th June, 2016 cover all legal services not restricted to representational services rende....... + More

  1. 2017 (8) TMI 839 - MADRAS HIGH COURT

    M/s. FL Smidth Private Limited Versus The Commissioner of Central Excise, The Commissioner of Service Tax

    Maintainability of petition - Alternative remedy - Rule 2A of the Service Tax (Determination of Value) Rules, 2006 - Works Contract Service - composite contract - Held that - the matter was remanded to the Adjudicating Authority on the sole ground that the authority referred to a judgment of the Supreme Court, Dy. Commissioner of Sales Tax (Law) vs. Advani Coorlikon (P) Ltd. 1979 (10) TMI 90 - SUPREME COURT OF INDIA , which was overruled by the L....... + More

  2. 2017 (8) TMI 838 - CESTAT CHENNAI

    Vijay Television (P) Ltd. Versus Commissioner of Service Tax, Chennai

    Reverse charge mechanism - It appeared to the department that fee given by appellant to STARL for this purpose was liable to service tax and since STARL did not have office in India, appellant was to discharge tax liability on reverse charge basis - Held that - the appellant cannot be held as a service recipient since foreign broadcaster is engaged in up-linking signals to a satellite outside India and down-linking of signals is done by MSOs/COs ....... + More

  3. 2017 (8) TMI 837 - CESTAT CHENNAI

    M/s. Hitech Industrial Lining Pvt. Ltd. Versus Commissioner of Central Excise, Salem

    Business Auxiliary Services - whether the appellants are liable to pay service tax under Business Auxiliary Service with effect from 10.9.2004 for the activity of rubber linings of pipes and fittings supplied to M/s. Kudremukh Iron and Ore Company Ltd. and related works? - Held that - It is clear that the appellant was only discharging job work much amounted to processing of goods and therefore did not involve any production of goods. BR BR The a....... + More

  4. 2017 (8) TMI 836 - CESTAT CHENNAI

    M/s. Rasi Travels and Cargo Pvt. Ltd. Versus Commissioner of Central Excise, Trichy

    Air Travel Agent Services - non-payment of service tax - The appellant did not discharge service tax for the period October 2003 to September 2005 and alleging that appellants cannot discharge service tax on the basic fare but have to pay on the commission received, show cause notice dated 4.10.2006 was issued - Held that - As per rule 6(7) of Service Tax Rules, 1994, the appellant has an option to pay service tax on that part of the basic fare m....... + More

  5. 2017 (8) TMI 835 - CESTAT MUMBAI

    Tata Motors Ltd. Versus Commissioner of Service Tax, Mumbai

    Penalty - The department has taken service tax rate of 8 according to the date of receipt of service whereas the claim of the appellant is 5 service tax as on the date of agreement in respect of the service - Held that - the rate of service tax is applicable as on date of provision of service and not as on date of receipt of the service charges. Therefore, the view taken by the Revenue is absolutely incorrect and illegal without any support of la....... + More

  6. 2017 (8) TMI 834 - CESTAT MUMBAI

    Bharat Petroleum Corporation Ltd. Versus Commissioner of Service Tax (Adjudication) , Mumbai

    Penalty u/s 76 and 78 - Section 73(3) of the Finance Act, 1994 - Reverse Charge Mechanism - fees/facility agent fees to Mandatory Lead Arrangers - the appellant availed of External Commercial Borrowings (ECB) from non-resident lenders through Mandated Lead Arrangers (MLAs) - Held that - there is no dispute on the fact that the issue involved in the present case is of interpretation of service tax law regarding the taxability of the service in the....... + More

  7. 2017 (8) TMI 833 - CESTAT NEW DELHI

    CST, Delhi Versus Machine Tools (i) Pvt Ltd

    CENVAT credit - activity of trading - Rule 6 (3) of CCR, 2004 - Held that - the Cenvat Credit Scheme is available only in respect of an assessee, who is either manufacturing dutiable final products or providing taxable output service. Admittedly, during the relevant time, trading is not categorized as service at all. It is only in 2011, the explanation was inserted under Rule 2 (e) of CCR, 2004 to the effect that exempted service includes trading....... + More

  8. 2017 (8) TMI 797 - DELHI HIGH COURT

    C.J. International Hotels Ltd. Versus Assistant Commissioner of Service Tax, Delhi Others

    Refund of service tax - case of Revenue is that the appellant has not been able to produce any convincing evidence or additional ground in their support so as to deserve any fresh re-look of the circumstances relating to the case - Held that - The Court finds that all the grounds concerning the rejection of the Petitioner s claim for refund by the ACST and Commissioner (Appeals) can well be urged before the CESTAT. At the same time, the apprehens....... + More

  9. 2017 (8) TMI 795 - CESTAT CHENNAI

    M/s. Sign Sites Publicities Versus Commissioner of Service Tax, Chennai

    Penalty u/s 78 - delayed payment of tax due to the financial hardships caused due to loss of the business - Held that - the appellant is making payment of service tax intermittently and it is also pleaded that they were undergoing much financial difficulties due to loss of business. That there was much restriction for putting up hoardings and there were litigations pending even before the Hon ble Supreme Court on the said issue and that this caus....... + More

  10. 2017 (8) TMI 794 - CESTAT NEW DELHI

    M/s. Triveni Kala Sangam Versus C.S.T. Delhi

    Classification of services - non-profit organization mainly engaged in promotion of art and culture - Mandap Keeper Service or renting of immovable service - Held that - Admittedly, the appellants rented out their premises, halls and galleries for various functions like music programs, art exhibitions, class rooms in relation with art etc. The premises are admittedly rented out for temporary occupation. The usage is mostly official, social or bus....... + More

  11. 2017 (8) TMI 793 - CESTAT NEW DELHI

    M/s. Mewar Mining Contractors Versus C.C.E., Jaipur-II

    Classification of services - Mining service - appellants have provided composite service with main focus on mining of China Clay, from the mines of the client - whether the service is to be classified under Mining service or site formation or cargo handling for purpose of service tax? - Held that - it is clear that these contracts involve raising of China Clay from the mines along with various connected activities - Tribunal in similar issues, in....... + More

  12. 2017 (8) TMI 792 - CESTAT BANGALORE

    M/s. C-Cubed Solutions Private Limited Versus Commissioner of Service Tax Bangalore Service Tax-I

    100 EOU - refund of unutilised CENVAT credit - various input services - furniture are hired by the appellant for the employees to use at the office premises - Held that - The furniture are hired by the appellant for the employees to use at the office premises while working on the computers and the definition of input service under Rule 2(l) of CCR, 2004 clearly includes furniture hire as activity relating to business - refund allowed. BR BR Refun....... + More

  13. 2017 (8) TMI 791 - CESTAT ALLAHABAD

    Commissioner of Customs & Central Excise, Meerut-II (Now Hapur) Versus M/s Ganesh Polytex Ltd.

    Refund claim - services received by the respondent-assessee in the course of export of their products - Natural Justice - Held that - In a catena of decisions by the this Tribunal, it has been held that such charges like Terminal Handling Charges, Empty Container of loading Charges, Rail to yard Movement Charges and Documentation Charges etc. are all eligible services for refund under the provisions of N/N. 41/2007 - ST as amended, read with succ....... + More

  14. 2017 (8) TMI 790 - CESTAT NEW DELHI

    M/s. Ruchi Malls Pvt. Ltd. Versus. CST, Delhi

    Purpose of Early Hearing of appeal - Revenue s contention is that there are huge appeals pending in Tribunal with the demand involving more than the amount stated above. If early hearing application is allowed, Tribunal will be burdened with hearing of appeals of 2017 and past appeals cannot be decided - Circular NO. CESTAT F. No.974/PR (CEGAT)/86, dated 21.02.1986 - Held that - Early justice is the right of the litigant and expeditious delivery ....... + More

  15. 2017 (8) TMI 789 - CESTAT NEW DELHI

    M/s. Katta Trading Co. Versus C.C.E., Jaipur

    Valuation - includibility - transaction fee/turn-over charges - Held that - the appellant has not produced any plausible evidence to show that the transaction charges cannot be included in the gross value. Further, it has also not produced Circular or Instructions issued by the NCEDX with regard to the application of the stock broker to collect a specified percentage as transaction charges on their credit value from the clients and pass the same ....... + More

  1. 2017 (8) TMI 832 - CESTAT CHENNAI

    M/s. Komalagoure Textiles Versus CCE & ST, Coimbatore

    Clandestine manufacture and removal - It appeared that the appellant had not accounted their production of cotton yarn on cones, that the suppressed production was removed without payment of duty to the yarn dealers in R.S.Puram, using the invoices of SGT and SVT - Held that - Discernably, there is considerable, if not predominant, reliance on the said statements while issuing the SCN. It is also seen that they are hardly any relied upon document....... + More

  2. 2017 (8) TMI 831 - CESTAT BANGALORE

    Hunsur Plywoods Works Pvt. Ltd. Versus Commissioner of Central Excise, Customs And Service Tax, Mysore

    CENVAT credit - clearance of capital goods after use - the capital goods was imported on 27.09.2006 and was used for about eight months and then cleared on 10.05.2007 - Rule 3(5) of CCR 2004 - whether the appellant is liable to reverse the cenvat credit on capital goods when the capital goods are removed after being used for about eight months? - Held that - prior to 13.11.2007 no duty was payable in respect of capital goods which was used before....... + More

  3. 2017 (8) TMI 830 - UTTARAKHAND HIGH COURT

    DSM Sugar Kashipur (Now M/s Kashipur Sugar Mills Ltd.) Versus Commissioner, Customs and Central Excise & another

    Appeal/application filed by the company which is being wound up - Held that - reliance placed in the case of M/s DSM. Sugar (now M/s Kashipur Sugar Mills Ltd.) and others Versus CCE, Meerut- II 2014 (3) TMI 242 - CESTAT NEW DELHI , where it was held that when an appeal or an application is filed by a company and same is being wound up, the appeal or application shall abate unless an application is made for continuance of such proceedings by or ag....... + More

  4. 2017 (8) TMI 829 - BOMBAY HIGH COURT

    M/s Manikgarh Cement (A Division of Century Textiles & Industries Limited) Versus The Commissioner of Customs & Central Excise

    MODVAT credit - Rule 57Q - Whether the benefit of modavat under Rule 57Q would not be admissible upto 23.7.1996 following ratio of Larger Bench of the Appellate Tribunal in Jawahar Mills Ltd.Vs. CCE, 1999 (4) TMI 153 - CEGAT, NEW DELHI , holding Welding Electrodes to be capital goods upto 23.7.1996? - Held that - on perusal of the aforesaid decision, we find that it did not deal with the issue of modvat credit of capital goods under Rule 57Q, but....... + More

  5. 2017 (8) TMI 828 - MADRAS HIGH COURT

    M/s. Rajshree Laminates Limited Versus Commissioner of Central Excise, Pollachi, The Assistant Commissioner of Central Excise Trichy, And The Commissioner of Central Excise, Coimbatore

    Classification of goods - decorative laminated sheets - classified under Chapter 48 or under Chapter 39? - Held that - the petitioner/assessee will have the benefit under the Heading 4823.90 for the relevant years - appeal allowed - decided in favor of appellant........ + More

  6. 2017 (8) TMI 827 - MADRAS HIGH COURT

    Principal Commissioner of Central Excise Versus M/s. TVS Electronics Ltd.

    CENVAT credit - dutiable product subsequently becoming exempted product - Whether the CESTAT is right in holding that credit once validly taken need not be reversed if the final products becomes exempted subsequently in view of the Rule 6(1) of CCR, 2002 which mandates reversal of credit in respect of inputs used in exempted final products? - Held that - the question of law raised is covered by the Division Bench Judgment of this Court rendered i....... + More

  7. 2017 (8) TMI 826 - GUJARAT HIGH COURT

    Commissioner of Customs Versus VVF (India) Ltd.

    Condonation of delay in filing appeal - Section 5 of the Limitation Act - Held that - the delay caused in preferring the appeal has been sufficiently and properly explained - The Department was bonafidely prosecuting the rectification application and thereafter on rejection of the rectification application, appeal has been preferred challenging the original order passed by the learned CESTAT. Under the circumstances, it cannot be said that there ....... + More


    Commissioner of C. Ex., Cus. & S. Tax, Raipur Versus Shri Nakoda Ispat Ltd.

    Validity of SCN - Time limitation - whether notice was issued within the period of limitation? - Held that - Section 11A(3) of the Central Excise Act, 1944 provides limitation of one year to the Central Excise Officer to issue notice to the assessee. However sub-section (4) provides that when there is fraud; collusion; any wilful misstatement; suppression of fact and contravention of any of the provisions of this Act or the rules made thereunder ....... + More

  9. 2017 (8) TMI 824 - ALLAHABAD HIGH COURT


    Valuation - Yeast - appellant sold and transferred the goods from their factory to depots all over the country and in that process they wilfully and deliberately suppressed material information and evaded the payment of excise duty - whether prosecution of petitioners is sustainable even after setting aside the order of Commissioner, Central Excise, Lucknow holding the petitioners liable for valuation of the provisions of the Act and also to pay ....... + More

  10. 2017 (8) TMI 823 - ALLAHABAD HIGH COURT

    Commissioner of Central Excise, Meerut-I Versus Modi Rubber Ltd.

    Utilisation of CENVAT credit - Interpretation of statute - Rule 57F(12) of erstwhile Central Excise Rules, 1994 - Whether credit of Additional Duties of Excise can be utilised towards payment of Basic Excise Duty when N/N. 5/94-C.E. (N.T.), dated 1-3-1994 specifically provides that AED shall be utilised only towards payment of duty of excise leviable under the Additional Duties of Excise (Goods of Special Importance) Act, 1957? - Held that - by i....... + More

  11. 2017 (8) TMI 822 - SUPREME COURT

    Commissioner Versus Surana Telecom Ltd.

    Classification of goods - Integrated Fixed Wireless Terminals CDMA-2000-1X (ETS 2288) - whether appellant is eligible to avail benefit of exemption notification no.6/2003-CE ( for the CDMA WLL phones manufactured by them? - the decision in the case of M/s. Surana Telecom Ltd. Versus Commissioner of Central Excise, Goa 2016 (12) TMI 1388 - CESTAT MUMBAI contested, where it was held that benefit of notification 6/2002-CE needs to be exten....... + More

  12. 2017 (8) TMI 821 - SUPREME COURT

    Commissioner Versus Super Cassettes Industries Ltd.

    Classification - worn out Silver targets - Whether to be classifiable under Chapter Subheading No. 7101.80 attracting 16 rate of duty as per Department or under Chapter Subheading No. 7101.31 which attracts NIL Rate of Duty - the decision in the case of Super Cassettes Industries Ltd. Versus C.C.E., NOIDA 2016 (8) TMI 446 - CESTAT ALLAHABAD contested, where it was held that worn out Silver Targets are classifiable under chapter subheading No. 701....... + More

  13. 2017 (8) TMI 820 - SUPREME COURT

    Commissioner Versus Sri Kannapiran Mills Ltd.

    Valuation - Job worker - manufacture and clearance of intermediary goods to the principal manufacturer for manufacture of final goods - the decision in the case of M/s. Sri Kannapiran Mills Ltd. Versus CCE & ST, Salem 2016 (6) TMI 541 - CESTAT CHENNAI contested, where it was held that the Tribunal cannot make a new case to create jurisdiction for it to decide the issue not before it. Since the case is covered by Section 4 (3) (b) (i), the pre....... + More

  14. 2017 (8) TMI 819 - SUPREME COURT

    Avdel India Pvt. Ltd. Versus Commissioner

    Rivets - Demand - Limitation - Extended period - Suppression - the decision in the case of AVDEL (INDIA) PVT. LTD. Versus COMMISSIONER OF CENTRAL EXCISE, MUMBAI 2004 (6) TMI 82 - CESTAT, MUMBAI contested - Held that - the civil appeal is dismissed for non-prosecution........ + More

  15. 2017 (8) TMI 818 - SUPREME COURT

    Union of India Versus Amalgamated Plantations (P) Ltd.

    Time limitation - Entitlement of Interest u/s 11BB of the Central Excise Act 1944 - the decision in the case of AMALGAMATED PLANTATIONS (P) LTD. Versus UNION OF INDIA 2013 (11) TMI 589 - GAUHATI HIGH COURT contested - Held that - The special leave petition is dismissed on the ground of limitation........ + More

  1. 2017 (8) TMI 816 - CESTAT CHENNAI

    Tarun Salot, Shri Rajendra Mansukhlal Shah, Shri Mohammed Azam, Visal Tribotech (P) Ltd., R. Parivallal, Raja Metals Corporation Versus CC Tuticorin

    Jurisdiction - power of DRI to issue SCN - Held that - the Hon ble High Court of Delhi in the case of BSNL Vs. UOI 2017 (6) TMI 688 - DELHI HIGH COURT has dealt with the identical issue where the notice was also issued by DRI. The Hon ble High Court of Delhi has considered the judgment in the case of Mangli Impex Vs. UOI 2016 (8) TMI 1181 - SUPREME COURT , which is stayed by the Hon ble Supreme Court, where the petitioner is permitted to review t....... + More

  2. 2017 (8) TMI 815 - CESTAT KOLKATA

    Shri Ashok Jalan, Shri Kishan Jalan, Shri Samyamanthula Kasi Visweswara Rao Versus Commr. of Customs (Prev.) , Kolkata

    Jurisdiction - power of DRI to issue SCN - Held that - the powers of officers working in these organizations to issue notice under Customs Act, 1962 as proper officers has been subject matter of decision by various High Courts - I set aside the impugned orders and remand the matter to the original authority to decide the question of jurisdiction first and thereafter on merit after the matter is settled by the Hon ble Supreme Court in the pending ....... + More

  3. 2017 (8) TMI 814 - SUPREME COURT

    Saint Gobain Glass India Ltd. Versus Union of India

    Interpretation of statute - meaning of the term domestic industry - Rule 2(b) of the Anti-Dumping Rules - the decision in the case of NIRMA LIMITED Versus SAINT GOBAIN GLASS INDIA LTD. 2012 (10) TMI 832 - MADRAS HIGH COURT contested - Held that - we do not consider it necessary to go into the issue(s) arising in the present Special Leave Petitions, namely, the precise meaning of the term domestic industry in Rule 2(b) of the Anti-Dumping Rules wh....... + More

  4. 2017 (8) TMI 813 - SUPREME COURT

    AGC Networks Ltd. Versus Commissioner

    Valuation - Technology Transfer Agreement - Whether royalty paid in terms, is a condition of sale includible in the assessable value - Rule 9(1)(c) of the Customs Valuation (Determination of Price of Imported Goods) Rules, 2008 - the decision in the case of CC, New Delhi Versus M/s Avaya Global Connect Ltd. 2016 (3) TMI 256 - CESTAT NEW DELHI , contested, where it was held that as the Supply Agreement is consistent with the Technology Transfer Ag....... + More

  5. 2017 (8) TMI 812 - SUPREME COURT

    Ingram Micro India Pvt. Ltd. Versus Commissioner

    Permission to withdraw the appeal - Eligibility for concessional rate of additional duty of customs in accordance with N/N. 6/2006-CE dated 1st March 2006 and N/N. 12/2012-CE dated 17th March 2012 - classification of imported goods - external hard disks classified under heading 84717030 or 84717040 of the Schedule of the Central Excise Tariff Act, 1985? - the decision in the case of Ingram Micro India Pvt. Ltd. Manoj Gupta, Manish Agarwal, Fortun....... + More

  6. 2017 (8) TMI 811 - DELHI HIGH COURT

    Sanjay Goyal Versus Commissioner of Customs

    Recovery of Customs Duty - case of petitioner is that the amounts demanded are excessive given that he has deposited the liabilities - Held that - what appellant is in substance seeking is discharge from his entire liabilities without disclosing if and when the amounts were paid, the Court is of the opinion that there is no question of any fallacy in the demands made. The present petition is a glaring abuse of the process of Court - petition dism....... + More

  7. 2017 (8) TMI 810 - DELHI HIGH COURT

    Kesoram Rayon Versus Designated Authority

    Anti-dumping duty - request for Sunset Review (SSR) turned down - Held that - he Court is of the opinion that the petitioners/applicants have shown a prima facie case as well as satisfied that there would be irretrievable injustice given the fact that on the expiry of the day, (i.e. tomorrow midnight), the initiation of review would be rendered impossible - a direction is issued to the respondents to - in the course of the day - initiate the Suns....... + More

  8. 2017 (8) TMI 809 - CALCUTTA HIGH COURT

    Indian Potash Ltd. Versus Jt. Secty., M.F.(D.R.)

    Drawback - The petitioner had exported goods which it had imported. The petitioner claims to have become entitled to duty drawback in terms of Re-export of Imported Goods (Drawback of Customs Duties) Rules, 1995 - Rule 5 and Rule 7A of such Rules - Held that - Rule 5 deals with the manner and time of claiming drawback on goods exported other than by post. The goods of the petitioner comes within the purview of Rule 5 in terms of Rule 5(1). The pe....... + More

  9. 2017 (8) TMI 808 - CALCUTTA HIGH COURT

    Lumbini Industries Pvt. Ltd. Versus Union of India

    Compensation for the loss of materials in transit through India - company registered in foreign country (Nepal) - Held that - Article 226 of the Constitution of India does not limit the exercise of such powers by High Court at the instance of citizens of India only. The Courts, over a period of time, have recognized the availability to the recourse to Article 226 of the Constitution of India to persons other than natural persons who are Indians. ....... + More

  10. 2017 (8) TMI 771 - SUPREME COURT

    Kumho Petrochemicals Co. Ltd. Versus Union of India

    Imposition of ADD - rubber chemicals - imported from China PR and Korea RP - N/N. 4/2016 - CUS (ADD) dated 29/1/2016 of Ministry of Finance - principles of natural justice - the decision in the case of M/s Rishiroop Polymers Pvt. Ltd. and M/s Kumho Petrochemicals Co. Ltd. Versus Union of India/DA 2016 (11) TMI 88 - CESTAT NEW DELHI contested - Held that - the decision in the above case upheld - present SLP dismissed - decided against petitioner........ + More

  11. 2017 (8) TMI 770 - SUPREME COURT

    Rishiroop Polymers Pvt. Ltd. Versus Union of India

    Imposition of ADD - rubber chemicals - imported from China PR and Korea RP - N/N. 4/2016 - CUS (ADD) dated 29/1/2016 of Ministry of Finance - principles of natural justice - the decision in the case of M/s Rishiroop Polymers Pvt. Ltd. and M/s Kumho Petrochemicals Co. Ltd. Versus Union of India/DA 2016 (11) TMI 88 - CESTAT NEW DELHI contested - Held that - the decision in the above case upheld - present SLP dismissed - decided against petitioner........ + More

  12. 2017 (8) TMI 769 - DELHI HIGH COURT

    Manvi Exim Pvt. Ltd. Versus The Principal Commissioner of Customs, (Preventive)

    Restoration of appeal - the Show Cause Notice dated 12th August, 2016 was not received by the Petitioner - Held that - There were three notices of hearing sent to the Petitioner while the adjudication process was on. These notices dated 2nd February, 20th March and 20th April, 2017 appeared to have been sent by the Department by speed post to the above address. While the Department, in its file, has the postal receipts for dispatch of these notic....... + More

  13. 2017 (8) TMI 768 - CALCUTTA HIGH COURT

    Bakyashwri Sea Food Pvt. Ltd. Versus Commissioner of Cus. (Port) , Kolkata

    Rate of customs duty - prawn feed - release of seized consignment - Held that - The chemical composition of the consignment imported was allowed to be checked by the authorities by the order dated January 10, 2017. The report filed in Court by the authorities does not demonstrate that the prawn feed imported by the petitioners has the chemical composition attracting 30 Customs duty. The form of prawn feed has also not been substantiated by the De....... + More

  14. 2017 (8) TMI 767 - KERALA HIGH COURT

    Krishna Brothers Versus Commissioner of Customs, Cochin

    Revocation of CHA licence - forfeiture of security deposit - principles of natural justice - Held that - it cannot be disputed that the principles of natural justice are applicable to the proceedings under the Customs Act as well and if such principles are not complied with, that will vitiate the proceedings. Law is settled that in an enquiry when documents are relied on against a person either copies of the documents should be furnished to the p....... + More

  15. 2017 (8) TMI 766 - CESTAT CHENNAI

    Perfect Communications Versus Commissioner of Customs, Chennai

    Valuation of imported goods - used monitors of different brands in assorted screen sizes - enhancement of assessable value - Held that - it is very clear that the imported goods were used monitors of different brands in assorted screen sizes and the department had to resort to Chartered Engineer assessment and also resorted to Customs Valuation Rules, 1988 to arrive at the enhanced value of US 8861.50. This being so, they cannot now allege arbitr....... + More

  1. 2017 (8) TMI 807 - GUJARAT HIGH COURT

    Aqua Infra Projects Versus State of Gujarat & 1

    Inter-state or intra-state sale - penalty - the revisional authority passed an order dated 23.04.2015, in which, she set aside the appellate order only on the ground that the communication dated 26.11.2010 was not an appealable order. If at all the petitioner was aggrieved by the action of the departmental authorities, he should have preferred appeal against the order dated 04.12.2010 - Held that - We may recall, in the notice for revision, the r....... + More

  2. 2017 (8) TMI 806 - SUPREME COURT OF INDIA

    M/s Gennex Laboratories Ltd. Versus The Commercial Tax Officer, Hyderabad & ANR.

    Natural justice - statutory remedy of appeal before the Appellate Tribunal - failure to furnish C forms and F Forms - Levy of VAT on DEPB - petitioner has not filed any other documents evidencing actual export of goods and also failed to file orders placed by foreign buyers on the exports - HC dismissed the writ petition (2014 (9) TMI 1116 - ANDHRA PRADESH HIGH COURT) - Held that - it will be just and equitable to grant that opportunity to the ap....... + More

  3. 2017 (8) TMI 805 - MADRAS HIGH COURT

    M/s. Shenbagam Thread Mills Versus The Commercial Tax Officer

    Revision of assessment - levy of tax - dyed polyester yarn - Held that - the Hon ble Division Bench of this Court, in the case Popular Thread Factory Vs. Commercial Tax Officer, Chennai, 2001 (9) TMI 1081 - MADRAS HIGH COURT has allowed the case in favor of the dealer, holding that Tribunal was wholly in error in holding that sewing thread is not cotton yarn and that the assessee can be subjected to tax by treating such sewing thread as not being....... + More

  4. 2017 (8) TMI 803 - JHARKHAND HIGH COURT

    Tata Motors Ltd. Versus State of Jharkhand

    Concessional rate of tax - Section 8(1) of the Central Sales Tax Act, 1956, as well as under Section 13(1)(b) of the Bihar Finance Act - goods sold to registered dealer under Section 8(1) and 8(3) of the Central Sales Tax Act, 1956 - it appears that the petitioner is relying upon a notification issued by the erstwhile State of Bihar under Section 6(3)(c) of the Bihar Sales Tax Ordinance, 1976 dated 22nd December, 1976, whereby the Government of B....... + More

  5. 2017 (8) TMI 762 - DELHI HIGH COURT

    H.G. International Versus The Commissioner Of Trade And Taxes, Delhi

    Jurisdiction - input tax credit - whether the VATO (Audit) can pass an assessment order in terms of the Delhi Value Added Tax Act, 2004? - Held that - Chapter X of the DVAT Act deals with the audit, investigation and enforcement. Under Section 58 (1) of the DVAT Act, the Commissioner may serve on any person a notice informing that an audit shall be performed and an assessment already abated with the reopening. In terms of Section 58 (3), the pers....... + More

  6. 2017 (8) TMI 761 - KERALA HIGH COURT

    Ahammed Sherief, Proprietor, M/s Puthanpurayil Crushers Versus The Commercial Tax Officer, Aluva And The Intelligence Officersquad No. III, Ernakulam

    Rejection of Compounding application - the petitioner has not remitted tax along with the compounding application - for invoking the benefit under second proviso to Section 16(2), whether the petitioner will have to pay tax or not? - Held that - proviso to Section 16(2) is a measure to entertain a belated application under Section 8. It is in that context, to enable a dealer to avail the benefit of Section 16(2), a condition was imposed that the ....... + More

  7. 2017 (8) TMI 760 - MADRAS HIGH COURT

    M/s. Ganges International Pvt. Ltd. Versus The Deputy Commercial Tax Officer, The Assistant Commissioner (CT)

    Determination of intra-sale or inter-state sale - Compounding - case of respondent is that the subject matter transaction is a sale, taken place within the State of Tamil Nadu attracting the tax under the Value Added Tax at the rate of 5 and not the Inter State Sale as claimed by the petitioner - Held that - It is not the case of the first respondent that the necessary documents are not available in the vehicle which transported the goods. On the....... + More

  8. 2017 (8) TMI 678 - SUPREME COURT OF INDIA

    State of Jammu And Kashmir And Another Versus M/s. Trikuta Roller Flour Mills Pvt. Ltd. And Another, Sansar Oil Mills And Another, R.C. Flour Mills And Another, Sudershan Steel (P) Ltd., Jammu Steel Industries And Another, Bari Brahma Industrial Association And Others And K.B. Roller Flour Mills

    Principle of Promissory Estoppel - grant of refund on CST paid - Validity of Notification dated 01.10.1993 - it was the case of respondent that having held forth a promise for grant of exemption from CST on raw materials purchased from outside the State for five years from the date of production, the appellant could not have withdrawn or modified the benefit before that time period - Held that - The grant of refund on CST paid, to boost entrepren....... + More

  9. 2017 (8) TMI 677 - ALLAHABAD HIGH COURT

    M/s NTL Logistics (India) Pvt. Ltd. Versus Commercial Tax Tribunal & 3 Others

    Detention of goods - non-production of Transit Declaration Form (TDF) - presumption that goods were intended to be sold within the State only - Held that - Pursuant to Section 52 read with Rule 55(5) of the Rules, Commissioner prescribed TDF to be downloaded from the website vide circular dated 3 September 2013 for the purpose of carrying goods through the State of Uttar Pradesh. It provides that at the time of entry of the goods in the State, TD....... + More

  10. 2017 (8) TMI 676 - ALLAHABAD HIGH COURT

    M/s Bhatia Aluminium Versus Commissioner of Commercial Tax, U.P., Lucknow

    Levy of tax - works contract - Section 3-F(2)(b) of the Act - Whether the goods brought from outside the State of U.P. and used in the execution of works contract can be subjected to tax despite the fact that the turnover pertaining to the works contract is exempted from payment of tax in view of Section 3-F(2)(b) of the Act read with Section 3 of the Central Sales Tax Act, 1956? - Held that - Section 3-F(2)(b) clearly exempts from the applicabil....... + More

  11. 2017 (8) TMI 675 - MADRAS HIGH COURT

    Sivam Theatre Versus The Assistant Commissioner (CT) (FAC) , The Tahsildar

    Entertainment tax - Section 14 (1) (d) of the Tamil Nadu Cinemas (Regulation Act 1955) - exemption from Entertainment Tax - Held that - Collection of un-issued tickets by the Tahsildar, the Investigating Officer and the report submitted are acts done in exercise of official acts and no malafide has been attributed to the Inspecting Officer. BR BR Though the writ petitioner has denied collection of excess amount and also contended that the stateme....... + More

  12. 2017 (8) TMI 627 - DELHI HIGH COURT

    Bathla Teletech Pvt. Ltd. Versus Commissioner of Trade & Taxes

    Jurisdiction - assessment - whether notices of default assessment of the tax and interest under Section 32 of the Act dated 15th May, 2017 have been issued by the concerned VATO exercising jurisdiction on the Petitioner? - Held that - Under Section 66, the powers of the Commissioner have been delegated to the Special Commissioner, VATO and to such other person, as the Government thinks necessary. Thus, the notice under Section 32 of the Act can o....... + More

  13. 2017 (8) TMI 626 - MADRAS HIGH COURT

    Jimmy Ferddon Pochkhanawalla Versus The Commercial Tax Officer, The Deputy Commissioner [Commercial Tax] , The Tahsildar, Official Due Recovery, The District Collector of Mumbai

    Recovery of Sales Tax Arrears - whether arrears of sales tax can be demanded from a person who has resigned from the post of Director long before such recovery proceedings were initiated? - section 19-B - Held that - section 19-B will apply only if a company had been wound up and to the directors who hold the said status at the time of winding up of the company - said section cannot be invoked here. BR BR As regards section 18 of the Central Sale....... + More

  14. 2017 (8) TMI 625 - MADRAS HIGH COURT

    M/s. All India Marathon Sports Versus The Assistant Commercial Tax Officer

    Time Limitation - Interpretation of Statute - Sub-sections (3) and (4) of Section 77 and Section 30(2) of the PVAT Act - The petitioner s case is that for the assessment year 2008-2009, if at all, the Assessing Officer seeks to re-open the assessment, it should have been done before 31.03.2014 and likewise, for the assessment year 2009-2010, it will be 31.03.2015 and for the assessment year 2010-11, it will be 31.03.2016. The impugned notices iss....... + More

  15. 2017 (8) TMI 578 - SUPREME COURT

    Commissioner of Value Added Tax & Another Versus M/s I Smart Mobile Technology Pvt. Ltd.

    Order of assessment - Refund claim - reopening of assessment while processing refund claim - Section 9(2)(g) of the DVAT Act - the decision in the case of I Smart Mobile Technology Private Limited Versus Commissioner Of Vat & Anr. 2017 (5) TMI 656 - DELHI HIGH COURT contested, where it was held that with reference to Section 9(2)(g) of the DVAT Act, it requires to be noticed that it envisages a situation where a selling dealer fails to deposi....... + More


    APC Credit rating Pvt. Ltd. Versus ROC, NCT of Delhi & Haryana

    Tribunal s general power to amend - mistake apparent on the face of the record - Held that - The appellant(s) filed the petition under Rule 154, which relates to rectification of order, if there is clerical or arithmetical mistakes in the order or error arising from any accidental slip or omission, as may occur. But such power cannot be exercised to review an order or judgment, in absence of clerical or arithmetical mistakes. BR BR We do not agre....... + More


    Macquarie Bank Limited Versus Uttam Galva Metallics Limited

    Corporate Insolvency Resolution Process - Notice issued by the advocate/ lawyer on behalf of the appellant treatment as notice under Section 8 of the I & B Code - Held that - Advocate / lawyer or Chartered Account or a Company Secretary or any other person in absence of any authority by the Operational Creditor , and if such person do not hold any position with or in relation to the Operational Creditor , cannot issue notice under Section 8 o....... + More


    Ms. Punita Khatter Versus Explorers Travels & Tours Private Limited & ors.

    Report of the Statutory Auditor contains material which tantamounts to personal vilification and character assassination and has little relevance to the financial statements of the company as prepared by him - Held that - No doubt, every member is entitled to a true and correct picture of the affairs relating to the business of the company, but not extraneous to the same. There are allegations and counter allegations made by both the parties whic....... + More


    In Re : Jubilant Clinsys Limited

    Reduction of Share Capital - whether the interests of those members of the public who may be induced to take shares in the company are secured - whether the reduction is fair and equitable as between different classes of shareholders? - Held that - The question of reduction of capital is a matter of domestic concern, one for the decision of the majority of the shareholders of the Company. Since the decision for reduction is based on commercial co....... + More


    Janak I. Vyas Versus Mrs. Varshaben S. Trivedi

    Validity of allotment of shares initiated in meeting with no valid quorum - siphoning of funds - Held that - In the case on hand, the second respondent company is closely held company. Wife of the petitioner was director of the company and she has got knowledge of allotment of 15000 shares to the first respondent in the month of December, 2007 itself. As can be seen from the winding up petition No. 58 of 2010 there appears to be civil and crimina....... + More

  6. 2017 (8) TMI 674 - BOMBAY HIGH COURT

    The Hongkong and Shanghai Banking Corporation Ltd. Chemtex Clobal Engineers Pvt. Ltd., Ramesh Brijmohan Pokhriyal, Global Trading Links Ltd., Barclays Bank PLC, Nederlandse Financierings, Maatschappij Voor Ontwikkelingslanden, Shreeji Steel Traders Pvt. Ltd. Versus M/s. Alok Industries Ltd

    Insolvency and Bankruptcy Code - Held that - On an application preferred by the financial creditor, namely, State Bank of India, under Section 7 of the Insolvency and Bankruptcy Code, 2016, the National Company Law Tribunal (NCLT), Ahmedabad Bench has passed an order dated 18.07.2017 under Section 14 of the said Code. BR BR In view thereof, the present petition is adjourned sine die. The parties herein are granted liberty to mention the petitions....... + More

  7. 2017 (8) TMI 673 - GAUHATI HIGH COURT

    Prag Bosimi Synthetics Limited Versus 3A Capital Limited & 3 ORS.

    Transfer of Preference Shares - corporate debt restructuring - Held that - Having perused the materials on record, it is observed that the appellant s side could not show from the records that the assignment deed, which contained a list of securities, contained those RCCP and CCP (i.e. preference shares). The learned CLB has also arrived at the same finding. BR BR The appellant s side has also not been able to successfully demonstrate that the sa....... + More


    In Re : M/s Hotel Birsa (P) Ltd., Prem Rajesh Soy, Salini Soy, Peacock Pigments Private Limited, Mr. Sunil Toshniwal And Mr. Amit Sarda

    Wrongful acts and conducts of suppression and mismanagement - Omission to serve notice for the meetings - Whether convening meetings for increasing the share capital of the Company, allotment of fresh shares, alteration of Memorandum of Association and Articles of Association of the Company and the appointment of the two directors to the Board of Directors as whole-time Directors of the Company, amount to oppression against the Petitioners? - Hel....... + More


    Industrial And Commercial Bank of China Limited And State Bank of India Versus Alok Industries Limited

    Insolvency Resolution Process - Insolvency and Bankruptcy Code, 2016 - Held that - Neither Section 7 of the Code nor the relevant Rule 4 of the Adjudication Rules do not contemplate any notice to other Financial Creditors. Section 7 of the Code and Rule 4 of the Adjudication Rules contemplate only notice to the Corporate Debtor. The learned Counsel for the Corporate Debtor appeared before this Adjudicating Authority and he was heard. Moreover, ev....... + More


    Beeta Kone Tools Versus GEI Industrial Systems Ltd.

    Initiation of corporate insolvency resolution process - Held that - The amount is due from the Respondent to the Applicant. Respondent is a Company registered under the Companies Act. Therefore, Respondent is a Corporate Debtor within the meaning of sub-section (8) of Section 3 of the Code. BR BR The Application filed by the Applicant is complete. Inspite of service of notice, Respondent did not choose to appear before this Authority. No notice o....... + More

  11. 2017 (8) TMI 540 - SUPREME COURT OF INDIA

    Securities & Exchange Board of India Versus Anandkumar Baldevbhai Patel

    Penalty imposed by SAT - Held that - In the appeal(s) filed by the aggrieved person(s) against the order(s) of the Adjudicating Officer, the learned Appellate Tribunal was expected to record its own independent findings and arrive at its own conclusions for holding the respondent liable for the penalty imposed. It seems that the learned Appellate Tribunal has proceeded on the basis that the case of the respondent is same and similar to the case o....... + More


    Mr. Sanjeev Jain Versus M/s Eternity Infracon Pvt. Ltd.

    Initiation of Corporate Insolvency process - Insolvency and Bankruptcy Code, 2016 - unpaid operational debt as claimed by operational creditor - Held that - The framer of the Code have also defined the expression Financial Debt in section 5(8) to mean a debt which is disbursed against the consideration of time value of money. However, the framer of the Code has not included in the expression Operation Debt as any debt other than the Financial Deb....... + More


    In Re : Shruti Power Projects, Yogesh Mahasukhlal Shah And Bhavin Satish Shah

    Compounding of offence - Compounding of the violation of Section 177(1) of the Companies Act, 2013 - Held that - In the case on hand, the punishment provided for the Petitioner Company under section 178(8) is fine only, which shall not be less than one lakh rupees but which may extend to five lakh rupees. In the case of officers of the Company, i.e., Petitioner Nos. 2 and 3, Section 178(8) provides, imprisonment for a term which may extend to one....... + More



    Corporate Insolvency Resolution Process - outstanding dues - Held that - The Corporate Debtor has disclosed that 20 Financial Creditors have filed cases before Debt Recovery Tribunal, Mumbai for recovery of the amount due to them. BR BR The Corporate Debtor has enclosed the audited financial statements for the year ended 31.03.2016 & 31.03.2017 and the provisional financial statement up to 17.05.2017. A list of assets and liabilities of the C....... + More


    In Re : Nowfloats Technologies Pvt. Ltd. And M/s GETIT Infoservices Pvt. Ltd.

    Corporate Insolvency Resolution Process - Insolvency and Bankruptcy Code, 2016 - pending winding up petition - Held that - Taking into consideration the order passed by the Hon ble High Court of Delhi as well as the Notification issued by the Central Government and as extracted above it is clear that the provisions of Companies Act, 1956 will govern in relation to the proceedings pending before the Hon ble High Court of Delhi and not the Companie....... + More

  1. 2017 (8) TMI 756 - ATPMLA

    Suman S. Rana Versus The Deputy Director Directorate of Enforcement, Mumbai

    Forfeiting the properties as order passed under section 7 of the SAFEMA, 1976 - purview of the term associate / relative - connection with alleged illegal activities of the detenu - Held that - The only activities that have been stated in this regard are that the appellant assisted AP-1 to assume the name of Sanjay Srinath Rana and to obtain documents like Ration Card and Passport in the assumed name and that the detenu resided in the residence o....... + More

  2. 2017 (8) TMI 671 - SUPREME COURT

    Domnic Alex Fernandes (D) Through Lrs. & Others Versus Union Of India And Others

    Illegally acquired property within the meaning of Section 3(1)(c) of SAFEMA - whether tenancy of a property, ownership of which is acquired by a person to whom the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) applies, will be treated as illegally acquired property within the meaning of Section 3(1)(c) of SAFEMA and can be subjected to forfeiture under the provisions thereof? - Held that - In the present ....... + More

  3. 2017 (8) TMI 574 - SUPREME COURT OF INDIA

    The Enforcement Officer Versus Mohammed Akram

    Disobedience to respond to the summons issued under Section 40(3) FERA - offence under Section 56 of FERA, 1973 - Held that - This point has come up for consideration before this Court in Enforcement Director and Anr. v. M.Samba Siva Rao and Ors. (2000 (5) TMI 586 - SUPREME COURT OF INDIA). Due to the divergence of opinion of the High Courts of Kerala, Madras on one hand and High Court of Andhra Pradesh on the other, a three Judge Bench of this C....... + More


    N. Pandu Ranga Versus The Asst. Director, Directorate of Enforcement & Another

    Alternative remedy of appeal - Guilty for contravention of the provisions of Section 3(c) of the Foreign Exchange Management Act, 1999 - Held that - When the statutory alternative remedy of appeal is available, the High Court should not entertain an application under Article 226 of the Constitution of India. When a right or liability is created by the statute, the High Court must insist that before availing remedy under Article 226 of the Constit....... + More

  5. 2017 (7) TMI 1017 - MADRAS HIGH COURT

    TTV Dhinakaran Versus The Assistant Director, Enforcement Directorate, Govt. of India

    Contravention of certain provisions of Foreign Exchange Regulation Act, 1973 - Held that - It is of conscious of the fact that by this order, the petitioner should not take advantage and protract the proceedings. Likewise by rejecting this petition, I am of the considered view that it would amount to denial of a reasonable opportunity of argument since framing of charges is an important event in the trial of warrant cases. In order to strike the ....... + More

  6. 2017 (7) TMI 312 - DELHI HIGH COURT

    M/s. Madhav Maganlal & Co and Anr. Versus Union of India And Anr.

    Penalties on account of violation of Sections 9(1)(b) and (d), Section 68(1), Section 64(2) and 63 of FERA - Whether the show cause notice is void being received by appellant after the sun set period? - Whether the statements given under section 108 of the Customs Act can be used as evidence against the accused? BR BR Held that - The new law (FEMA) continues to govern action vis- -vis all offences under the repealed law (FERA) in accordance with ....... + More

  7. 2017 (7) TMI 73 - DELHI HIGH COURT

    Shabnam Arora Versus Union of India & Others

    Detention orders - Held that - We have discussed the role and position of the detenue in the smuggling ring. The detenue was not a mere carrier and was in-charge of the Delhi operations of the racket as the kingpin Sh.Narendra Kumar Jain was based in Guwahati. It is clear that the activities of the detenue were of a serious nature and perpetrated with a great deal of expertise and coordination. The activities were of a massive scale and had been ....... + More

  8. 2017 (6) TMI 983 - MADRAS HIGH COURT

    Union of India rep. by The Director of Enforcement Versus M/s. Kiran Overseas Ltd., Shri. O.P. Batra (Died) rep. by Ranjiv Batra, Shri. M.G. Gupta, Shri. Gopalakrishna Thiyagarajan, Shir. Kiren Batra, Shri. Ranjiv Batra

    Condonation of delay - period of limitation - submission of the respondents that FEMA is a special statute and, therefore, the provisions of Section 5 of the Limitation Act, 1963, would have no application - Held that - Having regard to the provisions of the Statute, we are of the view that, given the language of the proviso to Section 35 of FEMA, this Court does not have a power to condone the delay beyond the time prescribed therein. The langua....... + More

  9. 2017 (6) TMI 957 - MADRAS HIGH COURT

    Union of India Versus Maars Software International Ltd, Mr. T. Varadharajan

    Non release and repatriate to India any foreign exchange which is due or accrued - Whether the company had failed to take all reasonable steps within the prescribed period, to release and repatriate to India, any foreign exchange which is due or accrued to it and in failure to do so, the department shall proceed, as per Section 8 of the Act, read with Regulation 3 of the Foreign Exchange Management (Realization, Repatriation and Surrender of Fore....... + More


    Jaipur IPL Cricket (P.) Ltd. Versus Special Director, Mumbai

    Violation of Section 3 of FEMA, 1999 - Held that - In the present case, the remitter and investor are different and are not in accordance with the Regulations made by the Reserve Bank of India under the Act. The remittance 1 and remittance 2 were made by the person other than the investor and are in direct contravention of Regulation 5 of FEMA (Permissible Capital Account Transactions) Regulations, 2000. BR BR From the perusal of record, it is cl....... + More

  11. 2017 (5) TMI 492 - DELHI HIGH COURT

    NTT Docomo Inc. Versus Tata Sons Limited

    Enforcement of the Award - recognition and enforcement of Award made in favour of Docomo - Held that - As regards the refusal of permission by RBI for the second time, after the Award, the seeking of such permission by Tata was based on its earlier opposition to the Award which was similar to the one raised now by RBI. With Tata having accepted the Award as such, it has withdrawn its objections thereto and consequently its stand in the applicatio....... + More

  12. 2017 (4) TMI 930 - MADRAS HIGH COURT

    India Cements Limited, N. Srinivasan, T.S. Raghupathy, R. Hariharasubramanian Vice-President (Finance and Taxation) Versus Union of India, The Deputy Director Directorate of Enforcement

    Proceedings under Section 13 of the Foreign Exchange Management Act, 1999 read with Rule 9 of the Foreign Exchange Management (Adjudication Proceedings and Appeal) Rules, 2000 - Held that - Reasons have been clearly disclosed by the second respondent in the communications dated 04.11.2016 by specifically indicating that the case requires an indepth examination, meaning thereby, the objections raised by the petitioners as against the allegations l....... + More

  13. 2017 (4) TMI 729 - DELHI HIGH COURT


    Enforcement of a foreign award - express representations were made that the transactions were in compliance with the applicable laws, it is now contended that the SHA was only a device to circumvent the provisions of FEMA - Held that - The conduct and the stand of Unitech can most charitably be described as plainly dishonest. This court is of the view that permitting Unitech to prevail on such contentions to resist the enforcement of Award would ....... + More

  14. 2017 (4) TMI 4 - PATNA HIGH COURT

    Brajesh Kr Srivastava @ Brajesh Kr, Son of Surendra Pd Srivastava Versus The State of Bihar

    Rejecting the petition of the petitioner for releasing the foreign currency notes recovered from the vehicle of the petitioner - Held that - From plain reading of Section 451 of Cr P C, it appears that the Court should pass order with regard to the custody or release of the seized articles. Admittedly, the petitioner was having licence to deal in foreign currency and his licence was valid up till 31.08.2016. He applied for renewal of his licence ....... + More

  15. 2017 (3) TMI 1059 - DELHI HIGH COURT

    Sukh Ram Versus Directorate Of Enforcement & Anr.

    Penalty imposed under FEMA for contravention of the provisions of Section 9(1)(b) and Section 72(i)(c) of Foreign Exchange Regulation Act, 1973 - Single Judge declined to entertain the writ petition on the ground that an alternative efficacious remedy of appeal is available against the impugned order - Held that - Having regard to the specific case of the writ petitioner/appellant herein that the impugned order was in violation of the principles ....... + More


    Ch Seetharamanjaneyulu, Visakhapatnam, & 5 Otrs. Versus The State of A.P., Excise-II, Guntur Dist., & 3 Otrs.

    Grant of licence - establishment of A4 shops/2-B bars - licence denied on the ground that the premises selected by the petitioners falls within 500 meters to the National Highway No.16 - G.O.Ms.No.391, Revenue (Excise-II), Department, dated 18.06.2012 known as Andhra Pradesh Excise (Grant of Licence of Selling by Shops and Conditions of Licence) Rules, 2012 and same are amended vide G.O.Ms.No.112, dated 22.03.2017 - Held that - A perusal of the i....... + More

  2. 2017 (8) TMI 796 - DELHI HIGH COURT

    M/s New Grow Software Solutions (P) Ltd Versus Union of India

    The petitioner has been debarred from participating in the tender process or entering into any contract/sub contract for a period of three years by the Ministry of Finance - Held that - Since it is an admitted case that the petitioner had not deposited the complete dues of EPF till that date (and had deposited it on 05.11.2013), the respondent proceeded to pass the impugned order - A bare perusal of the letter dated 30.04.2013 indicates that ther....... + More

  3. 2017 (8) TMI 672 - KERALA HIGH COURT

    St. Marys Hotels Private Limited And T.O. Aleyas, Thottathil House, Thiruvalla Versus The Commissioner of Excise, Thiruvananthapuram And Deputy Excise Commissioner (ABKARI) , Kottayam

    Declining to issue license to the petitioner for running a FL-11 Hotel - conduct of EOGM - authorisation to Managing Director to seek licence - Held that - There was an interim order, Ext. P7, passed by the Tribunal, appointing Justice M. Ramachandran, former Judge of this Court to conduct the EOGM. It is also not in dispute that the EOGM was convened in accordance with the directives issued by the Tribunal and several decisions were taken. One a....... + More

  4. 2017 (8) TMI 622 - GAUHATI HIGH COURT

    Md. Abdul Kadir Mazumdar Versus State of Assam, The Union of India

    Conviction under Sections 20(ii)(c) of NDPS Act - recovery of commercial quantity of cannabis - Held that - The house from where the seized cannabis was recovered belonged to the accused appellant. The plea taken by the appellant that his house was not searched does not create the possibility of an alternate doubt strong enough to say the alternate view in favour of the accused appellant is as nearly reasonably probable as that against him. Thus,....... + More

  5. 2017 (8) TMI 613 - GUJARAT HIGH COURT

    Mukeshkumar Mansukhbhai Solanki Versus Union of India & 4

    Revising of seniority list in the cadre of ITO - promotion from the post of ITO to the post of ACIT - Held that - All these petitions are allowed / disposed of with the following directions BR BR (1)That the Department to finalize the revised seniority list in the cadre of ITO within a period of 8 weeks from today without fail. The Department to complete the entire process of finalization of revised seniority list in the cadre of ITO within the p....... + More

  6. 2017 (8) TMI 590 - JAMMU & KASHMIR HIGH COURT

    Sandya Devi & Others, Kaka Ram, Ekta Devi, Ved Kumari & Others, Manish Mahajan, Abdul Majid & Others, Namrata Kotwal, Sanjay Khanna & Others, Ganesh Kumar Sharma & Others Versus State of J & K & Others

    License for Retail Sale - Indian Made Foreign Liquor (IMFL) - the legality or otherwise of the action of the official respondents to cancel the temporary licenses and/or notice dated 14.12.2005 issued by the Excise Commissioner in his capacity as the Licensing Authority - Vend for the purpose of sale of IMFL - competent authority to grant license for opening Vend - how should the Excise Commissioner make selection when there were large number of ....... + More

  7. 2017 (8) TMI 580 - BOMBAY HIGH COURT

    Maharashtra Heavy Vehicle and Interstate Container Operators Association, John Oswald Cordiera, Sunshine Paptech Pvt. Ltd. Versus Union of India,

    Withdrawal of Tender Notice - selection of transporter for providing transport solution for various identified routes for DPD, ISO freight containers from the four terminals of JNPT - interpretation of tender conditions - Held that - The position of law with regard to the tender, contract and/or such policy decision has been settled through various judgments, specifically when it comes to taking administrative and/or executive decision to bring i....... + More

  8. 2017 (8) TMI 573 - DELHI HIGH COURT

    Sajidur Rehman Versus Rajiv Kashyap & Anr.

    Conviction of offence under Section 138 of the Negotiable Instruments Act, 1881 - proof of existing debt - acquittal of charge - Held that - The absence of any evidence to show the solvency of the respondent for him to have advanced loan to the petitioner leads to the presumption that there was no existing debt. BR BR There is no documentary evidence to show that such a huge amount of loan was advanced to the petitioner. It is difficult to accept....... + More

  9. 2017 (8) TMI 539 - DELHI HIGH COURT

    Dilip Chawla Versus Ravinder Kumar & Anr.

    Dishonor of cheque - conviction under Section 138 of the Negotiable Instruments Act - failure to discharge the onus to rebut the presumptions against - proof of legally enforceable debt - Held that - From the complaint and the deposition of the complainant/respondent No.1 the factum of giving of loan stands established. BR BR The petitioner did not lead any evidence. On the contrary, in his 313 statement he has taken a plea which is not at all co....... + More


    T Siva Shankar Reddy, Narasaraopet, Guntur Dist., & 30 Otrs. Versus The State of A.P., Excise -II, Amaravathi, Guntur, & 4 Otrs.

    Grant of licence in the existing premises - sale of liquor - time within which all documents are to be produced - main grievance of the petitioners is that it is difficult for the petitioners, who have to re-locate their Restaurants, to submit applications with all the enclosures in such short time without having appropriate premises - Held that - this Court is of the view that no prejudice would be caused to the respondents, if the petitioners c....... + More


    L Anada Kumar Versus Revenue Dept., (Excise-II) GUN., Prl. Secy., & 3 Others

    Grant of licence in the existing premises - sale of liquor - time within which all documents are to be produced - main grievance of the petitioners is that it is difficult for the petitioners, who have to re-locate their Restaurants, to submit applications with all the enclosures in such short time without having appropriate premises - Held that - this Court is of the view that no prejudice would be caused to the respondents, if the petitioners c....... + More


    P Panduranga Reddy, Kurnool Dist & 12 Others Versus Prl Secy, Revenue (Excise-II) Dept, Guntur Dist & 3 Others

    Grant of licence in the existing premises - sale of liquor - time within which all documents are to be produced - main grievance of the petitioners is that it is difficult for the petitioners, who have to re-locate their Restaurants, to submit applications with all the enclosures in such short time without having appropriate premises - Held that - this Court is of the view that no prejudice would be caused to the respondents, if the petitioners c....... + More


    Shri Raj Kumar Versus Shri Shamsher Singh

    Dishonoring of cheque - offence under Section 138 of the Negotiable Instruments Act - whether the cheque was issued for towards discharge of debt or other liability as envisaged under Section 138 of the Act? - Held that - There was no dispute with regard to the compromise Ex.CW2/X or the issuance of the post dated cheques in favour of the respondent. These facts not only proved by the respondent and his witnesses but even admitted by the witnesse....... + More

  14. 2017 (8) TMI 388 - SUPREME COURT

    State through Central Bureau of Investigation Versus Dr. Anup Kumar Srivastava

    Proof of accused as committed an offence - commencement of raid - satisfaction of the court in relation to the existence of constituents of an offence and the facts leading to that offence is a sine qua non for exercise of such jurisdiction - Held that - We have no doubt to hold that in Call No. 48, the respondent herein was not at all in picture and even in Call No. 51 he was talking to Hemant Gandhi but it is not proved that they were talking a....... + More

  15. 2017 (8) TMI 342 - SUPREME COURT OF INDIA

    Reliance Telecom Ltd. & Anr. Versus Union of India & Anr.

    Application for allocation of spectrums in various areas - auction - grant of interim relief which included extension of permission to the participants in the NIA to be bidded for minimum 4.4 MHz, IN 900 MHz band in the North East service area - Held that - The grievance raised by the petitioners do not survive as they have participated in the auction and have been successful in some of the areas and the question of alteration of bid condition do....... + More


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version