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1

2015 (8) TMI 1249 - CESTAT MUMBAI - Service Tax

Goel Nitron Constructions, Goel Ganga Promoters, Goeal Ganga Associates Versus Commissioner of Central Excise, Pune- III

Demand of service tax - maintenance and repair services - Held that:- Appellants are not liable to pay service tax under the category of "maintenance and repair services" and "one time maintenance charges" collected from buyers of the flat, relying on the earlier ruling of this Tribunal in the case of Kumar Beheray Rathi (2013 (12) TMI 269 - CESTAT MUMBAI) - Decided in favour of assessee.


2

2015 (8) TMI 1248 - CESTAT NEW DELHI - Service Tax

M/s. Phoenix International Ltd. Versus C.C.E. -& S.T. -Noida

Renting of Immovable Property Service - Valuation - Inclusion of notional interest - Penalty u/s 77 - Held that:- Appellants have received a huge sum of Rs, 20 crores, interest free as security deposit at the time of execution of the agreement. The monthly rental fixed is so nominal in regard to the property that is leased. Again, the renewal terms of the agreement are that the agreement can be renewed up to 20 years. If renewed to such extended period, the refund of the security deposit need to.....


3

2015 (8) TMI 1247 - CESTAT ALLAHABAD - Service Tax

CCE, Kanpur Versus M/s Cross Road Auto Pvt. Ltd.

Authorised service station service - Free services during warranty period - Whether respondent is liable to pay service tax on free own services provided by the dealers - Hed that:- it has not been brought out by Revenue whether any consideration is received by the dealers from the manufacturer or the buyers of vehicles - Decision in the case of CCE, Indore vs. Jabalpur Motors Ltd. reported in [2015 (1) TMI 1140 - CESTAT NEW DELHI] followed - Decided against Revenue.


4

2015 (8) TMI 1246 - CESTAT DELHI - Service Tax

C.S.T. -Service Tax-Delhi Versus Ishida India Pvt. Ltd.

Denial of refund claim - Export of service - Goods used in India - Erection, Commission & Installation and Business Auxillery Services - Held that:- On analyzation of the activity of the respondents it can be seen that the respondents procure orders from Indian customers for their holding Company in Japan. The products are then supplied to Indian customers as per these purchase orders - The respondents receive commission for procurement of purchase orders. Therefore the services of the responden.....


5

2015 (8) TMI 1245 - CESTAT NEW DELHI - Service Tax

Commissioner of Central Excise, Panchkula Versus Duli Chand Narender Kumar Exports Pvt Ltd, Best Food International, Tanna Agro Impex Pvt Ltd, Modern Dairies Ltd, Muskan Overseas

Power of Commissioner (Appeals) to remand the matter - Held that:- under section 85(4) the language is used in wider context. It does not restrict the type of order which the Commissioner (Appeals) may pass. Rather it states that the Commissioner (Appeals) may pass such order as he thinks fit. Thus scope of remand is included in the provision of law liad down in the section 85(4). Reliance is placed on the case of CST, Delhi vs. World Vision-[2009 (11) TMI 452 - CESTAT, NEW DELHI ] Reliance is a.....


6

2015 (8) TMI 1244 - CESTAT BANGALORE - Service Tax

Akme Projects Ltd. Versus Commissioner of Service Tax, Bangalore

Waiver of pre deposit - Amount received from several purchasers of flats - Held that:- Association of the flat owners had forwarded several copies of price list wherein the service tax element had been shown - Unlike original authority there is no detailed discussion at all in the order of the Commissioner (Appeals) except for the observation that in the price list service tax has been shown - On going through the basis for conclusion by the original authority and the documents relevant to the i.....


7

2015 (8) TMI 1243 - CESTAT AHMEDABAD - Service Tax

M/s Electrical Research & Development Association Versus CCE Vadodara-II

Denial of CENVAT Credit - Rent-a-cab service and Gardening service - Held that:- Rent-a-cab Operator service or Bus operator services was utilized by them for transportation of their staff members, officers and employees from their residence to the factory and from the factory to the residence and for many other works undertaken by their staff members, officers engaged in the business activity of production and sale of finished goods. - Tribunal in the case of Mundra Port & SEZ Ltd vs CCE Rajkot.....


8

2015 (8) TMI 1242 - CESTAT BANGALORE - Service Tax

NA Enterprises Versus Commissioner of Central Excise, Customs And Service Tax, Mysorefta

Services of maintenance and repair - Assessee discharged their service tax liability on 30% of the gross value of the contract for repairing the transformers - As the balance 70% of the contract value was in relation to the value of the parts replaced during repair activities, they discharged VAT on the same. - Held that:- 70% of the contract value has admittedly paid the VAT. There are many decisions to the effect that service tax cannot be charged in respect of the sale of goods on which VAT .....


9

2015 (8) TMI 1241 - MADRAS HIGH COURT - VAT and Sales Tax

M/s Ran India Steels Pvt Ltd Versus The Assistant Commissioner (CT) (ENT) Namakkal, The Commercial Tax Officer (FAC Tiruchengode (Town) Circle Tiruchengode

Power to Assessment – Impugned order is challenged on ground that 1st respondent has no power of assessment, since same has been conferred on jurisdictional assessing authority -2nd respondent – Held that:- Admittedly 1st respondent, issued impugned notice and 2nd respondent conducted inspection at their factory premises and after spending whole day in assessing actual burning loss and actual consumption of electricity, after inspection, arrived at finding and based on finding 2nd respondent has.....


10

2015 (8) TMI 1240 - RAJASTHAN HIGH COURT - VAT and Sales Tax

M/s. Rameshwar Prasad Ram Prasad Trading Company Versus The Assistant Commercial Taxes Officer

Penalty u/s 78(5) - Evasion of duty - Mens rea - violation of sub-section (2) of Section 78 of the Rajasthan Sales Tax Act, 1994 - Held that:- It has been noticed by the Tax Board that there were several discrepancies noticed in the documents produced by the vehicle In-charge at the time of interception. It has been observed by the Tax Board that the documents namely; bill was prepared later on after the vehicle was intercepted and clear cut case has been made out by the Tax Board which is a fin.....


11

2015 (8) TMI 1239 - ORISSA HIGH COURT - VAT and Sales Tax

State Bank of India and another Versus State of Odisha and others

“Bank” liability to pay VAT – Whether petitioner-bank was covered by definition of “dealer” under section 2(12) of Orissa Value Added Tax Act, 2004 and was liable to value added tax on sale of pledged assets effected by it for recovery of loan – Held that:- As observed by Supreme court in Federal Bank Limited [2007 (3) TMI 364 - SUPREME COURT OF INDIA] when bank sells pledged goods in exercise of its statutory power, such sales were required to be indicated in its balance sheet and profit and lo.....


12

2015 (8) TMI 1238 - KERALA HIGH COURT - VAT and Sales Tax

Siemens Limited Versus Assistant Commissioner (Audit Assmt.) II, Commercial Taxes, Ernakulam and others

Rule 11B(2)(c) – Constitutional Validity – Invalid and Ultra Vires – Petitioner seeking declaration that rule 11B(2)(c) of Central Sales Tax (Kerala) Rules,1957 as invalid and ultra vires being in consistent with Central Sales Tax (Registration and Turnover) Rules framed by Central Government and beyond power conferred on State Government – Held that:- rule-making authority cannot legislate law which has effect of amending provisions of statute – State's power to make rules under Central Act, ex.....


13

2015 (8) TMI 1237 - CESTAT NEW DELHI - Central Excise

M/s Onida Saka Ltd., Shri Ashok Chawla, Shri Lokesh Khanna, M/s Adonis (India) Ltd Versus Commissioner of Central Excise, Indore

Duty demand - Valuation of goods - Related person - held that:- During this period, the entire production of Colour T.V. Sets of the appellant company was being cleared to M/s. AIL which is a group company of Onida Group. Initially, there were two allegations against the appellant company. First allegation was that the appellant company - M/s. Ondia Saka Limited and M/s. AIL are related persons within the meaning of this term as defined under section 4 (4) (c) of Central Excise Act, 1994 and acc.....


14

2015 (8) TMI 1236 - CESTAT MUMBAI - Central Excise

Mahindra & Mahindra Ltd. Versus Commissioner of Central Excise, Nagpur

Denial of CENVAT Credit - Exemption under Notification No.23/2004-CE dated 9.7.2004 - Held that:- Appellant has not reversed the credit on inputs on proportional basis as envisaged in the amended Rule 6(3) and in our view, the discussion on the said Rule is irrelevant in the facts of the present case. In the present case, the appellant has switched over to Rule 6(2) w.e.f. 1.9.2004 and reversed actual credit on its stores, work in progress and finished products as on 31.8.2004 and thus submissi.....


15

2015 (8) TMI 1235 - CESTAT NEW DELHI - Central Excise

Shri M.B. Baheti of M/s. Decora Tubes Ltd, Shri Rajesh Maheshwari Versus CCE & ST, Kanpur

Recovery of wrongly taken cenvat credit - Imposition of penalty under Rule 26 - Held that:- Show cause notice had been issued not only to the appellant company M/s. DTL, Unit-II (Aluminium Division) but also to the Managing Director, Shri M.B. Baheti, Shri Ravindernath Jain, Joint Managing Director and Shri Rajesh Maheshwari, Manager (Finance). Even if the Commissioner could not adjudicate the question of duty demand against M/s.DTL in view of the liquidation order of the High Court on 11.07.200.....


16

2015 (8) TMI 1234 - CESTAT CHENNAI - Central Excise

Aluminium Powder Co Ltd And Others Versus C.C.,C.C.E. & S.T., Madurai And Others

Denial of CENVAT Credit - Various services - Held that:- Credit on annual operation and maintenance service of windmill, normal maintenance and services availed in respect of functioning of wind mill are allowed.

Appeals have been filed by Revenue against cenvat credit of service tax paid on lease rental allowed by the authority below. Record reveals that rent paid is directly attributable to the generation of wind energy. - issue of Cenvat credit of service tax paid on rental service.....


17

2015 (8) TMI 1233 - CESTAT CHENNAI - Central Excise

CCE, Tiruchirappalli, CCE, Chennai – III Versus M/s. Virgo Polymers India Ltd., M/s. Bishan Saroop Ram Kishan Agro Pvt. Ltd., M/s. Bharat Industrial Enterprises Ltd., M/s. Sakthi Knitting Ltd., M/s. Amirchand Jagadish Kumar Exports Ltd., M/s. Karur KCP Packagings Pvt. Ltd.

Classification of Flexible Intermediate Bulk Containers (FIBC) - Classification under Heading 392090 / 39232990 or 6305 32 00 - Held that:- The Board has issued the clarification for the purpose of All Industry Rates of Duty Drawback and categorically clarified that classification of the product FIBC under drawback tariff item 6305. It is pertinent to state that both the drawback schedule and ITC Code issued by DGFT and CETH are aligned with HSN, the classification issued by the Board assumes vi.....


18

2015 (8) TMI 1232 - KARNATAKA HIGH COURT - Central Excise

BIG BAGS INTERNATIONAL PVT. LTD. Versus COMMR. OF C. EX., BANGALORE-II

Classification of goods - classification of Flexible Intermediate Bulk Containers under 3993 and 2990 of the Schedule to the Central Excise Tariff Act, 1985 - Held that:- As set out by the appellant, because of the classification, he is put into loss and inconvenience especially with the foreign buyers. Under these circumstances, the status-quo is to be maintained till the dispute is resolved by the Tribunal one way or the other. The proper course would be that the Tribunal shall hear the matter.....


19

2015 (8) TMI 1231 - CHHATTISGARH HIGH COURT - Central Excise

PERUMAL ASSOCIATE Versus COMMISSIONER OF C. EX., CUS. & S.T., RAIPUR

Extension of time for protection umbrella - Apprehension of coercive action for recovery of excise duty - Held that:- Court earlier granted protective umbrella to the petitioner with the spirit that the appellant should not be subjected to coercive process until he gets an opportunity to argue on waiver of pre-deposit - Taking into consideration the statement made on affidavit that the application has not come up for hearing so far before the Tribunal, the interest of justice would require this .....


20

2015 (8) TMI 1230 - BOMBAY HIGH COURT - Central Excise

DY. CHIEF MANAGER PRINTING & STATIONARY Versus COMMR. OF C. EX. & CUS., MUMBAI

Waiver of pre deposit - appellant has not referred the dispute to a Committee of Disputes which was constituted earlier by the Government of India - Held that:- In another appeal of the appellant before us, the Tribunal entertained the application for dispensation and waiver of pre-deposit of duty, interest and penalty and passed an order thereon [2012 (6) TMI 669 - CESTAT, MUMBAI]. - The appeal therefore should not have been dismissed without adjudication. Even if, it was dismissed for want of .....


21

2015 (8) TMI 1229 - HIMACHAL PRADESH HIGH COURT - Central Excise

Deepak Spinners Ltd. Versus Commissioner

Legality of imposition of amount of penalty - Held that:- whether there is infraction of provisions of law, wilful or otherwise and whether there was any mens rea is factual, which requires adjudication by the authority below - Held that:- Since appellant herein had no such opportunity of urging the same, we feel that it would be in the best interest of parties as also justice that an opportunity of hearing, which is fair and complete, is afforded to them, for addressing the Tribunal on all issu.....


22

2015 (8) TMI 1228 - CALCUTTA HIGH COURT - Central Excise

SHREE GANESH FORGING CO. Versus UNION OF INDIA

Validity of impugned order - Tribunal held that application was in substance an application to rectify the mistakes made in the order and not a simplicitor application for recalling the order of dismissal of an appeal by default - Held that:- adjudicating authority was aware the noticee had expired as evident from the Order-in-Original. It is also evident the order dated 25th April, 2011 was passed in the presence of the Junior Departmental Representative pursuant to the appeal containing the st.....


23

2015 (8) TMI 1227 - MADRAS HIGH COURT - Customs

The Senior Intelligence Officer, Directorate of Revenue Intelligence Versus K.P. Karunamoorthy, Director, M/s P.V. Spinning Mill India (P) Ltd.

Obtaining Export obligation discharge certificate fraudulently – Cancellation of anticipatory bail – Because of fraudulent methods adopted by respondent to obtain Export Obligation Discharge Certificate, there is loss to Government of India and in order to safeguarding sum of public money criminal proceedings were initiated against which anticipatory bail was granted to respondent – Petitioner seeking cancellation of anticipatory bail granted – Held that:- submissions made by Assistant Solicitor.....


24

2015 (8) TMI 1226 - HIGH COURT OF PUNJAB AND HARYANA - Customs

Ramesh Kumar Versus State of Haryana

Punishment for contravention in relation to cannabis plant and cannabis – Appeal against Conviction – After hearing parties, trial Court vide impugned judgment, convicted appellant for commission of offence punishable under Sections 20 of NDPS Act and sentenced him to undergo rigorous imprisonment and to pay fine – Appellant assailed said order of conviction on grounds of non-compliance of NDPS Act – Held that:- As PW-5 and PW-7, being material witness of recovery, are not alleged to have any an.....


25

2015 (8) TMI 1225 - BOMBAY HIGH COURT - Customs

CUMMINS INDIA LTD. Versus UNION OF INDIA

Filling of supplementary claim – Duty Drawback – Petitioners filed supplementary claim by applications under Rule 15 claiming amount – Said claim was rejected as time barred and also on ground that Order-in-Original passed by Commissioner did not cover drawback claims pertaining to shipping bill covered in supplementary claim – Revision was filed against said order of commissioner – Revisional Authority upheld order of commissioner holding that supplementary claims were barred by limitation – He.....


26

2015 (8) TMI 1224 - BOMBAY HIGH COURT - Customs

COMMR. OF CUS., EXPORT Versus NATIONAL LEATHER CLOTH MFG. CO.

Imposition of redemption fine when goods not available – Tribunal vide impugned order partly allowed appeal of respondent by dropping redemption fine as goods were not seized and were not available – Whether tribunal was legally justified in dropping redemption fine – Held that:- Availability of goods is one of criteria which has been evolved in reported decision of current Court in case of Commissioner of Customs (Import), Mumbai v. Finesse Creation Inc. [2009 (8) TMI 115 - HIGH COURT OF JUDICA.....


27

2015 (8) TMI 1223 - CALCUTTA HIGH COURT - Customs

BRG IRON STEEL CO. PVT. LTD. Versus UNION OF INDIA

Illegal Seizure of Goods – Clearance of goods upon payment of duty – Petitioner seeking appropriate direction, commanding respondent to complete final assessment of Customs duty and to grant provisional release of imported goods on basis of bills of entry – Petitioner contended that there is no reason for non-clearance of imported goods and action of authorities in not permitting petitioner to have imported goods cleared upon payment of duty is illegal, improper and abuse of power – Held that:- .....


28

2015 (8) TMI 1222 - SUPREME COURT - Customs

Voith Paper Fabrics India Ltd. Versus Commissioner

Condonation of Delay – Tribunal vide impugned order reported in [2013 (10) TMI 1340 - DELHI HIGH COURT] refused to condone delay of 217 days in filing of appeal by observing that appellant was satisfied with order of commissioner but when proceedings were pending before original adjudicating authority, appeal was preferred before Tribunal on second thought - High court upheld order of tribunal by dismissing appeal of assess - Supreme court dismissed special leave petition filed by appellant.


29

2015 (8) TMI 1221 - SUPREME COURT - Allied Laws

Prabhu Dayal khandelwal Versus Chairman, U.P.S.C. & Ors.

Denial of promotion from the post of Commissioner of Income Tax to that of Chief Commissioner of Income Tax - Held that:- non-consideration of the claim of the appellant is concerned, we are satisfied that the proposition of law relevant for the controversy in hand, was declared upon by this Court in Abhijit Ghosh Dastidar v. Union of India and others, [2008 (10) TMI 599 - SUPREME COURT] - impugned order passed by the High Court, deserves to be set aside, inasmuch as, the claim of the appellant .....


30

2015 (8) TMI 1220 - SUPREME COURT - Allied Laws

Suhas H. Pophale Versus Oriental Insurance Company Limited and its Estate Officer

Whether the rights of an occupant/licensee/ tenant protected under a State Rent Control Act (Bombay Rent Act, 1947 and its successor the Maharashtra Rent Control Act, 1999, in the instant case), could be adversely affected by application of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - Held that:- In the case of a company under the Companies Act, 1956 as in the present case, it is necessary that the premises must belong to or must be taken on lease by a company which has n.....


31

2015 (8) TMI 1219 - PUNJAB AND HARYANA HIGH COURT - Income Tax

Serco BPO Private Limited Versus Authority for Advance Rulings New Delhi and others.

Taxation of income from dividents and capital gains under the Indo-Mauritius Double Tax Avoidance Convention - Application for advance ruling - Whether the capital gains arising in the hands of Blackstone GPV Capital Partners Mauritius V-B Ltd. (‘Blackstone Mauritius’) and Barclays (H&B) Mauritius Limited (‘Barclays Mauritius’) (Collectively referred to as the ‘Sellers’) on account of the sale of shares of SKR BPO Services Private Limited is not chargeable to tax having regard Article 13(4) of t.....


32

2015 (8) TMI 1218 - GUJARAT HIGH COURT - Income Tax

RAMESH C PRAJAPATI Versus DY. COMMISSIONER OF INCOME TAX

Agricultural income - assessee has shown income of ₹ 12,12,220/- being income from agriculture activities but A.O. has considered income of ₹ 7,50,000/- to be as business income - Tribunal reversing the well reasoned order of C.I.T. (Appeals) and in sending the matter back to the Assessing Officer - Held that:- No basis has been spelled out by the A.O. to arrive at the conclusion that out of total income declared by assessee, part of income was business income. We also find that no e.....


33

2015 (8) TMI 1217 - KARNATAKA HIGH COURT - Income Tax

The Commissioner of Income Tax, The Assistant Commissioner of Income Tax Versus M/s. Hewlett-Packard Globalsoft Pvt. Ltd.

Reopening of assessment - Eligibility of the income derived from rendering technical services abroad to be eligible for deduction under Section 10-A or not - Held that:- As from the original assessment records that the claim of the assessee under Section 10A of the Act was thoroughly scrutinized, the assessing Officer had examined the claim of expenditure incurred in foreign currency for providing technical services by allocating the sum of ₹ 38,51,45,781/- between the five STP units in th.....


34

2015 (8) TMI 1216 - BOMBAY HIGH COURT - Income Tax

Paras Shantilal Shah, Pragna R. Shah, Priti Paras Shah, Late Shri Rajendra Shantilal Shah Through His L.R. Paras Shah Versus The Dy. C.I.T.S.R. 48, Mumbai

Seized jewellery - unaccounted income of the appellant - documentary evidence found at the time of search to show that part of it belonged to the appellants father, late mother and the minor children who were wealth-tax and income-tax assessees in the earlier years - Held that:- It is not disputed that the valuation report indicates the name of the father and mother as being the persons who claim to be the owner of the jewellery. The mother of the appellant passed away far back as 1990. In the n.....


35

2015 (8) TMI 1215 - BOMBAY HIGH COURT - Income Tax

The Commissioner of Income Tax-3 Versus M/s. Reliance Industrial Infrastructure Ltd

Higher rate of depreciation @ 40% - assessee was engaged in the business of letting out assets on hire - Held that:- Decided against revenue and in favour of the respondent-assessee as decided in assessee own case [...................] - Decided against revenue.

Lease equalization credited to P&L Account over and above the lease rental - Tribunal held it cannot be considered as income and thereby upholding reducing of assessee's total income by lease equalization - Held that:- Assess.....


36

2015 (8) TMI 1214 - KERALA HIGH COURT - Income Tax

Grihalakshmi Vision Versus The Additional Commissioner of Income Tax

Penalty levied u/s 271D and 271E - cash loans taken by the assessee in contravention of 261SS - Tribunal was correct in holding that the orders imposing penalty under Section 271D and E were passed within the period of limitation prescribed under Section 275(1)(c) and whether the Tribunal was correct in confirming the findings? - Held that:- The only case of the assessee is that if the period of limitation prescribed in Section 271(1)(c) is reckoned from the date of the assessment order dated .....


37

2015 (8) TMI 1213 - JHARKHAND HIGH COURT - Income Tax

Commissioner of Income Tax, Dhanbad Versus T.N. Malhotra, M/s Jai Steel Industries, Mahuda More, Dhanbad

Dis-allowance of insurance claim written off - Held that:- It appears that theft was committed on 10th of September, 1989. Insurance was claimed by the assessee which was rejected by the insurance company in the next year mainly for the reason that there was no theft of plant and machinery or the raw materials. This amount was written off in the year 1993-94. Thus, in the assessment year 1993-94 no theft was committed, but, it was in the year 1989 and, therefore, rightly A.O. as well as the Comm.....


38

2015 (8) TMI 1212 - DELHI HIGH COURT - Income Tax

PR CIT-2 Versus Control And Switchgear Contractors Ltd.

Penalty under Section 271(1)(c) - compensation "in lieu of giving up their right" received - CIT(A) deleted penalty confirmed by ITAT - Held that:- The Court finds that in the present case the order of the CIT (A) explaining why Section 271(1)(c) is not attracted in the facts and circumstances of the case merits no interference. The issue that arose for determination in the quantum appeal does appear to have been debatable as is evident from the narration of facts. There was a reference made by.....


39

2015 (8) TMI 1211 - BOMBAY HIGH COURT - Income Tax

M/s. Prithvi Prakashan Pvt. Ltd. Versus The Deputy Commissioner of Income Tax, Mumbai & Others

Validity of assessment proceedings under Section 143 (3) read with Section 158BC - satisfaction had not been recorded during the course of assessment proceedings in respect of the person searched i.e. SAPL - rectification of mistake - Held that:- It was on recall application filed by the Revenue to recall the order dated 14th March, 2012 that the Tribunal realized that the proceedings in respect of the person searched i.e. SAPL has been completed on 28th February 2005 while the notice to the Pe.....


40

2015 (8) TMI 1210 - DELHI HIGH COURT - Income Tax

Commissioner of Income Tax (Central-II) Versus Swanpnil Properties (P) Ltd.

Unaccounted cash payment - addition on the basis of seized documents - ITAT consequently held that there was no basis for sustaining the addition in respect of alleged cash transactions referred to in the document in the hands of the Assessee - Held that:- Revenue having taken a conscious decision to initiate proceedings against Inmon under Section 147/143 (3) of the Act, and having in those proceedings added the entire cash amount aforementioned in the hands of Inmon, must pursue those proceed.....


41

2015 (8) TMI 1209 - ITAT CHANDIGARH - Income Tax

The Income Tax officer Ward IV, Khanna Versus M/s Triple V Timber Sales Corpn.

Unexplained investment in stock - CIT(A) deleted the addition under section 69 - Held that:- Commissioner of Income-tax (Appeals) has particularly referred to the decision of the hon'ble Punjab and Haryana High Court in the case of Chauhan Papers P. Ltd. [2006 (10) TMI 426 - PUNJAB & HARYANA HIGH COURT] wherein it was held that if stock statement is made on estimate basis then addition is not called for. As observed earlier the assessee has merely given statement of monthly stock on the basis of.....


42

2015 (8) TMI 1208 - ITAT CHANDIGARH - Income Tax

The ITO, Ward, Barnala Versus Shri Ashok Kumar, C/o M/s A.K. Bansal and vice- versa

Rejection of books of accounts - net profit assessed at 12 per cent. of the gross receipts and income was accordingly computed - Held that:- The authorities below have given the reasons for rejection of the books of account. The assessee has failed to verify the genuineness of the opening and closing balance of labour payable. The details called for by the Assessing Officer were not furnished. The assessee failed to justify the quantitative and qualitative details of the closing stock. The queri.....


43

2015 (8) TMI 1207 - ITAT CHENNAI - Income Tax

M/s. Saint Gobain Glass India Ltd Versus Deputy Commissioner of Income Tax, Chennai

Revision u/s 263 - as per CIT(A) AO in the present case failed to examine correct facts relating to export agency commission paid to the non-residents which were actually paid for various market services partaking the character of technical services - Held that:- The AO in the present case failed to examine the correct facts relating to the Export Agency Commission paid to the non-residents which were actually paid for various market service partaking the character of "technical services". AO ha.....


44

2015 (8) TMI 1206 - ITAT CHENNAI - Income Tax

The Income Tax Officer, International Taxation - 2 (2) , Chennai Versus Shri Abdul Samad Khanaruzzaman and Shri Sulaiman Shaikh Mohamed

Computation of capital gains - whether indexed cost of acquisition has to be computed with reference to the year in which the previous owner was held the assessee as held by CIT(A) or the year in which the assessee become owner by way of inheritance? - Held that:- The object of giving relief to an assessee by allowing indexation is with a view to offset the effect of inflation. As per the CBDT Circular No.636 dated 31/8/1992 [see 198 ITR 1 (St)] a fair method of allowing relief by way of indexat.....


45

2015 (8) TMI 1205 - ITAT MUMBAI - Income Tax

M/s. Fizza Publicity Versus The ITO 12 (3) (4) , Mumbai

Treatment of expenditure incurred on repairs and maintenance as capital expenditure - Held that:- A perusal of the bills exhibited in the paper book show that the expenses have been incurred for the purchase of G.P. sheets, M. S. Angles, M. S. Channels and M. S. Beams. This clearly show that old hoardings were replaced by new hoarding with new structure. Our view is also fortified by the fact that the assessee has also incurred expenditure on fabrication of hoarding structures on the terrace. Ob.....


46

2015 (8) TMI 1204 - ITAT MUMBAI - Income Tax

Shri Hasmukh N. Gala Versus Income Tax Officer 20 (1) (3) , Mumbai

Claim of exemption under section 54 denied - no purchase deed was executed by the builder and that there was only an allotment letter issued - Held that:- As per the Revenue the advance could be returned at any time and, therefore, the assessee may lose the exemption under section 54 of the Act. In our considered opinion, the aforesaid does not militate against assessee’s claim for exemption in the instant assessment year, as there is no evidence that the advance has been returned. In case, if i.....


47

2015 (8) TMI 1203 - ITAT MUMBAI - Income Tax

M/s Dharmik Exim Pvt. Ltd. Versus ACIT, Range-9 (1) , Mumbai and DCIT, Range-9 (1) , Mumbai Versus M/s Dharmik Exim Pvt. Ltd.,

Bogus purchases - deletion of 75% of bogus purchases by CIT(A) - matter further travelled to the Hon’ble Bombay High Court, wherein set aside the order of the ITAT insofar as it relates to disallowance of purchases and restored the matter back to the file of ITAT for fresh consideration of the issue - Held that:- After considering the assessee's affidavit, the Hon'ble High Court restored the matter back to the file of the Tribunal for fresh consideration by considering the assessee's plea that t.....


48

2015 (8) TMI 1202 - ITAT MUMBAI - Income Tax

M/s Business Match Services (I) Pvt. Versus Dy. Commissioner of Income and Addl. Commissioner of Income Tax-9 (1) , Mumbai

Sale of shares - assessment as Capital Gains or Business income - AY 2007-08 - Held that:- The gains arising on its sale should be assessed as Short term capital gains only. Accordingly, we set aside the order of Ld CIT(A) on this issue and direct the assessing officer to assess the gains arising on sale of shares of M/s Adani Enterprises Limited under the head “Income from Capital gains”.- Decided in favour of assessee.

Disallowance of foreign travel expenses - Held that:- It is well.....


49

2015 (8) TMI 1201 - ITAT DELHI - Income Tax

DCIT, Circle-3 (1) , New Delhi Versus Cheviot International ltd.

Disallowance u/s 14A - CIT(A) deleted the addition - Held that:- Nothing has been brought on record by the AO to hold why the suo moto disallowance made by the assessee u/s 14A on facts could not be accepted. On consideration thereof it is seen that in the peculiar facts and circumstances of the case where the AO has not recorded his finding as to why he was not satisfied by the correctness of assessee’s claim of expenditure. No distinguishing facts and circumstances has been pointed out by the .....


50

2015 (8) TMI 1200 - ITAT PUNE - Income Tax

Kashti Vividh Karyakari Versus Income Tax Officer, Ward – 1, Ahmednagar

Disallowance of deduction u/s. 80P - Revenue has denied deduction on the profits earned by assessee from consumer and garments division on the ground that such activities are akin to the activities of consumer society - Held that:- It is an admitted position that these activities were carried out by the assessee for several years and no objection whatsoever was raised by the Department on this count. The assessee has been consistently following the same method of accounting and the nature of act.....


51

2015 (8) TMI 1199 - ITAT CHENNAI - Income Tax

M/s. Devendra Exports Pvt. Ltd. Versus Assistant Commissioner of Income Tax, Company Circle- I (4) , Chennai

Contingent liability disallowed - Held that:- Provision should be made for all known liabilities and losses even though the amount cannot be determined with certainty. In this case, the assessee is not disputing the liability at all. The assessee is disputing only quantification of demand raised by the electricity board. Therefore, in our view incurring of liability is certain and it is not contingent. Only quantification is to be made as to how much expenditure to be incurred on electricity cha.....


52

2015 (8) TMI 1198 - ITAT MUMBAI - Income Tax

M/s. Asht Laxmi Diamond And Jewellery Versus ITO 21 (1) (1) , Mumbai

Additions u/s 41(1) on account of cessation of liability - Held that:- It is not a case where the CIT(A), in the absence or because of the failure of the assessee to provide addresses, confirmations etc. from the alleged creditors, has assumed that the liability has ceased to exist, but he himself made further enquiries to find out the alleged creditors through the official machinery. When he had satisfied himself that neither in the last so many years those parties had ever been seen by anybod.....


53

2015 (8) TMI 1197 - ITAT BANGALORE - Income Tax

Dy. Commissioner of Income Tax Versus Shri Ramprasad Padmanabhan

Expenditure on purchase of Audio Rights - revenue v/s capital expenditure - Held that:- We concur with the finding of the learned CIT(A) that the assessee is a manufacture of music and the new material is the master plate which can be obtained only by way of assignment of copyrights. Since the assignment of copy rights and the amount paid is for procuring new material and to ensure its smooth and legal supply as understood in the commercial parlance, the expenditure is Revenue in nature.


54

2015 (8) TMI 1196 - ITAT CHENNAI - Income Tax

M/s Sakthi Fabrics Versus The Income Tax Officer

Penalty proceedings under Section 271(1)(c) - assessee offered an amount voluntarily - Held that:- In penalty proceedings, the burden was always on the revenue to prove concealment and a finding reached in the quantum appeal that a particular income is liable to be added as income of the assessee is not binding in penalty proceedings. In this case, the A.O. imposed the penalty based on the statement recorded under Section 131 of the Act and thereafter, the assessee has submitted detailed reply w.....


55

2015 (8) TMI 1195 - ITAT AHMEDABAD - Income Tax

Halimaben Jamalbhai Momin, Karimaben Jamalbhai Momin, Aminaben Jamalbhai Momin, Abdulbhai Jamalbhai Momin, Mohamadbhai Jamalbhai Momin Versus ACIT, Cir. 6

Penalty under section 272B - not quoting PAN in the appeal filed before the CIT(A), - Held that:- The department has brought no material before us to show that the assessee was allotted PAN by the AO as per the provisions of sub-section (2) of section 139A of the Act.
Further, as per the provisions of section 273B, penalty under section 272B is not leviable, if the alleged default was for reasonable cause.We further find from the challan of Tribunal fee, attached with the appeal memo .....


56

2015 (8) TMI 1194 - ITAT AHMEDABAD - Income Tax

The ACIT (OSD) , Circle-5, Versus. P.G. Foils Ltd.

Premium paid on Keyman Insurance - disallowance of excess premium and added to the income - CIT(A) following his predecessors order in assessee’s own case for A.Y. 06-07 decided the issue in favour of Assessee - Held that:- CIT(A) while granting the relief has noted that the premium paid in the current financial year was the second installment and the first installment of premium paid in A.Y. 05-06 by the Assessee has been accepted and not disputed by Revenue. Before us, the Revenue could not co.....


57

2015 (8) TMI 1193 - CESTAT MUMBAI - Service Tax

Vidharbha Iron & Steel Co. Ltd. Versus Commissioner of CE & Customs, Nagpur

Manpower recruitment and supply agency services - Held that:- Issue involved in this case is now squarely settled by the Hon’ble High Court of Gujarat in the case of Arvind Mills Ltd. as reported in [2013 (10) TMI 821 - CESTAT AHMEDABAD] upholding the decision of the Tribunal in the case of Arvind Mills Ltd. This bench has followed the ratio in the appellants own case [2015 (8) TMI 593 - CESTAT MUMBAI] in an identical issue for earlier period held in the favour of appellant. The reliance placed .....


58

2015 (8) TMI 1192 - CESTAT MUMBAI - Service Tax

Sociedade de Fomento Industrial Pvt. Ltd. Versus Commissioner of CE Customs, Goa

Business Auxiliary Services - Denial of refund claim - Unjust enrichment - Held that:- Iron ore, which was purchased by appellant as a merchant exporter, was exported. If the appellant has exported the consignment, it is a settled law that any tax paid on such exports needs to be refunded. We find that the first appellate authority has arrived at the conclusion of unjust enrichment looking at the accounting treatment given by the person who has paid service tax to the Government i.e. M/s Narvenk.....


59

2015 (8) TMI 1191 - CESTAT MUMBAI - Service Tax

M/s Ghanshyam P. Choudhari Versus Commissioner of Central Excise, Aurangabad

Construction Service of Residential Complex - Penalty u/s 76 - Held that:- Appellant having accepted before the adjudicating authority that they are rending the service and the said findings are not contested before first appellate authority, we are unable to accept the contentions of the learned Counsel that show-cause notice does not indicate as to which type of services were rendered by the appellant therefore we upheld the demand of service tax liability and interest thereof. Appellant is di.....


60

2015 (8) TMI 1190 - CESTAT KOLKATA - Service Tax

M/s. Paharpur Cooling Towers Ltd. Versus Commissioner of Service Tax, Kolkata

Waiver of pre deposit - Penalty u/s 77 & 78 - Commercial or Industrial Construction Services - Held that:- Appellant had neither filed reply to the show cause notice nor appeared for personal hearing before the adjudicating authority in spite of sufficient opportunities had been accorded to them. The claim of the appellant before us is that the confirmation of demand for receiving the taxable value against services rendered to M/s. SEPCO is incorrect as during the relevant period they have alrea.....


61

2015 (8) TMI 1189 - CESTAT MUMBAI - Service Tax

M/s Reward Construction Pvt. Ltd. Versus Commissioner of CE & Service Tax, Pune III and vice versa

Denial of CENVAT Credit - Capital goods - Free issue of material - Held that:- Claim of the appellant before the adjudicating authority was free of issue of material cannot be considered for inclusion in value for discharging service tax liability and had produced some documents. In our view the claim of the appellant regarding non-avilment of CENVAT Credit by reversing the amount availed also needs to be appreciated by the lower authority, a law which has been settled in various cases. In short.....


62

2015 (8) TMI 1188 - CESTAT CHENNAI - Service Tax

M/s G.E.T. Engineering Constructions Pvt Ltd Versus Commissioner of Service Tax, Chennai

Erection, Commissioning and Installation service - Penalty u/s 76 - Held that:- Appellants are rendering Erection, Commissioning and Installation service to various customers under turnkey projects across India and to arrive monthly service tax liability they need to collect the data from all their sites. This is not the case of default payment and the appellants remitted the interest amount on 20.12.2007 during the audit. The Hon'ble High Courts and the Tribunal have held in number of decisions.....


63

2015 (8) TMI 1187 - CESTAT CHENNAI - Service Tax

M/s City Travels Versus CCE, Coimbatore

Tour operators service - whether the appellants are liable for service tax for the contract carriage operated for carrying passengers from one city to the other - Held that:- The Govt. exempted the contract carriage permit operators under tour operator service from service tax by Notification No. 20/2009-ST dated 07.07.2009. This notification has been given a retrospective effect vide Finance Act, 2011. The case is now stand covered by retrospective amendment introduced in the Finance Act, 201 w.....


64

2015 (8) TMI 1186 - CESTAT MUMBAI - Service Tax

M/s. Mahindra Ugine Steel Co. Ltd. Versus Commissioner of Central Excise, Raigad

Denial of CENVAT Credit - Goods Transport Agency Service - Invocation of extended period of limitation - Held that:- There is no suppression in taking of credit. I also hold that under the facts and circumstances, construction of hostel/quarters for employees is in relation to the manufacturing business of appellant. Accordingly, the input service tax credit is available for construction of hostel/quarters. I also find that the appellant has taken the credit in March, 2009, whereas the show-caus.....


65

2015 (8) TMI 1185 - ALLAHABAD HIGH COURT - VAT and Sales Tax

M/s Rajiv Metals Versus Addl. Commissioner Trade Tax, And Another, State of U.P. And Others

Re-assessment of turnover escaping assessment – Production as per SIB standards – Books of accounts of petitioner were duly audited and assessment order was passed –Thereafter, AO seek permission of Additional Commissioner under Section 21(2) of U.P. Trade Tax Act to make reassessment on reason of report received from SIB authorities after assessment order, which was permitted and subsequent notices were issued to petitioner – Held that:- As per section 21 reassessment proceedings can be initiat.....


66

2015 (8) TMI 1184 - PUNJAB & HARYANA HIGH COURT - VAT and Sales Tax

M/s B.K. Steels Versus State of Punjab And Another

Condonation of delay – Invalid service of notice – Appellant seeks to set aside impugned order of Tribunal-VAT dismissing its application filed for condonation of 907 days’ delay in filing appeal as well as appeal, being barred by limitation – Held that:- Admittedly revenue instead of sending order at address of appellant had sent same to Branch Office of appellant, which as per appellant was never received – Tribunal has wrongly drawn presumption of service upon appellant under Section 27 of Ge.....


67

2015 (8) TMI 1183 - ALLAHABAD HIGH COURT - VAT and Sales Tax

Gramophone Company of India Ltd. Versus Commissioner, Trade Tax, U.P., Lucknow

Taxability of Compact Disc – Electronic good or not – AO levied tax at 10% by treating compact discs as unclassified items – Assesse claimed that compact discs are electronic goods, so tax leviable at 5%, as per Office Memorandum No. 2-2375/11-9(251)-97– Order of AO was upheld by tribunal – Held that:- In list, at item Nos. 28 and 29, audio cassettes (blank) and audio cassette (duplicate) are mentioned – When audio cassette is electronic item, then certainly, compact disc is also electronic item.....


68

2015 (8) TMI 1182 - MADHYA PRADESH HIGH COURT - VAT and Sales Tax

Rakesh Versus State of M.P. and others

Imposition of Penalty – Legality – Authority found that there was intention to evade tax and no documents were available in vehicle when vehicle was checked, therefore imposed tax and 3.5 times penalty – Appeal against said order was dismissed – Held that:- No reasons have been assigned for imposing penalty – Supreme Court in Hindustan Steel Ltd. v. State of Orissa reported in [1969 (8) TMI 31 - SUPREME Court] – Order imposing penalty will not ordinarily be imposed unless party obliged either ac.....


69

2015 (8) TMI 1181 - CESTAT CHENNAI - Central Excise

CCE, Puducherry, M/s. National Oxygen Ltd. Versus M/s. National Oxygen Ltd., CCE, Puducherry

Valuation of goods - inclusion of facility charges and cylinder holding charges to the assessable value - Held that:- period of dispute involved in these appeals are from September 2000 to August 2001 and from September 2001 to July 2002. This Tribunal vide Final Order [2007 (2) TMI 424 - CESTAT, CHENNAI] and Final Order No. [2015 (8) TMI 1066 - CESTAT CHENNAI], in an identical case, remanded the matter to the lower appellate authority. - In view of the Apex Court decision [2009 (7) TMI 155 - SU.....


70

2015 (8) TMI 1180 - CESTAT CHENNAI - Central Excise

M/s. Vijay Cements Versus CCE, Trichy

Denial of CENVAT Credit - Determination of place of removal - Inclusion of freight - Held that:- High Court of Madras in the cases of CCE, Chennai Vs. M/s. Borg Warner Morse TEC Murugappa Pvt. Ltd. (2015 (4) TMI 254 - MADRAS HIGH COURT), has relied on the decision of the Hon’ble Karnataka High Court in the case of CCE, Bangalore Vs. ABB Ltd. [2011 (3) TMI 248 - KARNATAKA HIGH COURT] which was rendered on the appeal filed by the Department as against the decision of the Larger Bench of the Tribun.....


71

2015 (8) TMI 1179 - CESTAT CHENNAI - Central Excise

M/s. Dalmia Cement (Bharat) Ltd. Versus CCE, Trichy

Eligibility of CENVAT credit - Steel plates, angles, channels, parts, components and accessories of capital goods, welding electrodes and storage rack - penalty under Rule 15(1) of CENVAT Credit Rules, 2004 - Held that:- The steel plates, angles are used for fabrication of raw mill hooper, fabrication of belt conveyor systems, fabrication of transfer tower, parts of boiler, fabrication of grating material for belt conveyor bottom etc. Further, as per the capital goods are concerned, they are use.....


72

2015 (8) TMI 1178 - GUJARAT HIGH COURT - Central Excise

Commissioner Versus Camex Intermediates Ltd.

Confiscation of goods - Imposition of redemption fine - Held that:- A Division Bench of this Court in the case of Commissioner of Central Excise & Customs v. Stovec Industries Ltd., reported in [2013 (1) TMI 72 - GUJARAT HIGH COURT] held that in view of instruction dated 17-8-2011, tax appeal below ₹ 10 lakh is not maintainable and this instruction also applies to the pending appeal. Following the aforesaid decision of the Division Bench, we dismiss this tax appeal as not maintainable - Decided against Revenue.


73

2015 (8) TMI 1177 - DELHI HIGH COURT - Central Excise

Commissioner of Central Excise Delhi-I Versus Kuber Tobacco Products (P) Ltd And Ors.

Duty demand - Clandestine removal of goods - whether the goods found stored in the various outside godowns are the goods clandestinely manufactured and cleared by the respondents M/s. Kuber Tobacco Products Pvt. Ltd. and M/s. Kuber Khaini Pvt Ltd. - Held that:- findings of the Commissioner(Appeal)s show that he has elaborately discussed the evidence. This approach can hardly be characterised as perverse or unreasonable appreciation of evidence to warrant interference or to impel to conclude that.....


74

2015 (8) TMI 1176 - MADHYA PRADESH HIGH COURT - Central Excise

Union of India Versus Beryl Drugs Ltd.

Denial of benefit of notification - whether Intravenous Fluids having a therapeutic value stood covered under Exemption Notification No. 3/2001 - Held that:- Decision in the case of Uniflex Cables Limited vs. Commissioner, Central Excise, Surat-II [2011 (8) TMI 63 - SUPREME COURT OF INDIA] followed - CESTAT has rightly set aside the order of imposition of penalty. No case to interfere with the impugned order - Decided against Revenue.


75

2015 (8) TMI 1175 - BOMBAY HIGH COURT - Central Excise

DECCEN CO-OP TEXTILES INDUSTRIES LTD. Versus UNION OF INDIA

Demand of duty, interest and penalty - Condonation of delay - Tribunal as well as Supreme Court declined to condone the delay - Held that:- The challenge having failed right up to the Hon’ble Supreme Court because the proceedings were belated - Mr. Motwani’s, arguments overlooked the fact that an order which is erroneous, cannot be claimed to be a nullity. The difference between these two concepts have been noted long back. We cannot rely on the Madras High Court’s order/judgment in the case of .....


76

2015 (8) TMI 1174 - BOMBAY HIGH COURT - Central Excise

RALLIS INDIA LTD. Versus COMMISSIONER OF CENTRAL EXCISE

Duty demand - Validity of Tribunal's order - Tribunal remanded matter back to Commissioner - Held that:- Both sides conceded that recording of reasons by this Court may tantamount to expression of opinion either way. They do not therefore insist on any reasons being assigned. The Tribunal shall now re-hear the Appeal of the Assessee on merits and in accordance with law - Matter remanded back - Decided in favour of assessee.


77

2015 (8) TMI 1173 - GUJARAT HIGH COURT - Central Excise

Commissioner of Central Excise & Customs Versus M/s. Dutron Plastics

Denial of refund claim - Whether or not, the refund of Central Excise duty is admissible under Section 11B of the Central Excise Act, 1944, if the same is invoiced and collected and thereby passed on to the purchasers and sought to be claimed on the basis of the credit notes issued to the buyers after clearance of the goods thereby post transaction credit notes - Held that:- excise duty paid by the Industry or assessee and it has been passed on to the consumers or the purchasers of the goods, th.....


78

2015 (8) TMI 1172 - MADRAS HIGH COURT - Central Excise

INDIA PISTONS LTD. Versus SUPERINTENDENT OF CENTRAL EXCISE, HOSUR

Demand u/s 11AA - SCN not issued - Held that:- impugned order is only a communication and not a demand to pay the Excise duty together with interest as stated by the respondent, it is open to the respondent to issue a fresh notice to the petitioner under the provisions of the Central Excise Act and after receipt of a reply within a stipulated time, affording an opportunity of being heard to the petitioner, it is open to the respondent to pass appropriate orders on merits and in accordance with law. - Petition disposed of.


79

2015 (8) TMI 1171 - MADRAS HIGH COURT - Customs

Commissioner of Customs (Port Export) Versus Shri M. Renganathan, M/s Eastern Maritime (P) Ltd. Customs, Excise And Service Tax Appellate Tribunal

Attempt to export goods improperly – Imposition of Penalty – Respondent was alleged to have filed shipping documents to export red sanders, which was prohibited, under guise of natural slate stone – Tribunal vide impugned order set aside order of Adjudicating Authority imposing penalty – Whether Tribunal was justified in setting aside penalty imposed under Section 114 of Customs Act – Held that:- seen from order of Tribunal that finding of Tribunal was that there was no material evidence or find.....


80

2015 (8) TMI 1170 - MADRAS HIGH COURT - Customs

M/s. PNC Infratech Limited Versus Union of India, The Commissioner of Customs (Appeals-II) , The Assistant Commissioner of Customs (Gr. 5)

Import of paver finisher machine of only 6m - Benefit of duty exemption under notification no. 12 of 2012-Cus – Assistant Commissioner rejected claim for exemption sought by petitioner under Notification No.12 of 2012-Customs on ground that duty exemption under Customs Notification is applicable only for Electronic Paver Finisher for laying bituminous pavement of 7m size against petitioners imported paver finisher machine of only 6m – Held that:- petitioner pointed out that non-consideration of.....


81

2015 (8) TMI 1169 - SUPREME COURT - Customs

S. Krishna & Co. Versus Commissioner

Classification of Dry (Betel) nuts under CTH 08129090 or CTH 08028020 – Mis-declaration of Goods – Imposition of redemption fine, duty and penalty – Tribunal vide impugned order reported in [2015 (8) TMI 1069 - CESTAT KOLKATA] held that goods imported by appellant were liable for confiscation – Once imported goods were found to be classifiable under CTH 0802 8020, their import is not allowable if their CIF value is below ₹75 per kg. as provided in DGFT Notification - Supreme court found no.....


82

2015 (8) TMI 1168 - SUPREME COURT - Customs

Patel Engineering Ltd. Versus U.O.I. & Anr.

Confiscation of goods – Breach of principles of natural justice – High court vide impugned order reported in [2014 (12) TMI 228 - BOMBAY HIGH COURT] dismissed appellant’s appeal contending breach of principle of natural justice – Supreme court after hearing counsel for appellant and carefully perusal of material available on record held that there is no any good ground to interfere with judgment and order passed by High Court – Accordingly, Civil Appeal dismissed.


83

2015 (8) TMI 1167 - SUPREME COURT - Customs

M.P. Agro Versus Commissioner

Recovery of incineration charges - Tribunal vide impugned order reported in [2014 (12) TMI 859 - CESTAT MUMBAI] relating to issue of recovery of incineration charges held that there is no provision under Custom Act to stay recovery of such charges - Further that, recovery was sought to be made in terms of Apex Court order - Therefore, Tribunal has no jurisdiction, whatsoever, to deal with that matter - Supreme court Dismissed appeal.


84

2015 (8) TMI 1166 - SUPREME COURT - Customs

Commissioner Versus VMB Impex

Classification of glass beads (cone shape) – Tribunal vide impugned order reported in [2015 (8) TMI 1065 - CESTAT BANGALORE] classified glass beads (cone shape) under chapter sub-heading No. 7018 10 20 of Customs Tariff - Supreme court found no merit in appeal of revenue against said impugned order of tribunal - Appeal dismissed.


85

2015 (8) TMI 1165 - SUPREME COURT - Allied Laws

Baleshwar Dayal Jaiswal Versus Bank of India & Others

Power of Tribunal to condone delay - Applicability of proviso to Section 20(3) of the RDB Act to the disposal of an appeal by the Appellate Tribunal under Section 18(2) of the SARFAESI Act - Whether the Appellate Tribunal under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has the power to condone delay in filing an appeal under Section 18(1) of the said Act. - Held that:- The change intended in SARFAESI Act has to be seen from the statu.....


86

2015 (8) TMI 1164 - ITAT JAIPUR - Income Tax

Shri Dinesh Agarwal Versus The Income Tax Officer, Ward-4 (2) , Jaipur.

Undisclosed income added by the AO on account of cash shortage - CIT(A) confirmed part addition - Held that:- The bank authorities have certified that assessee has withdrawn ₹ 8,90,000/-on 20.11.2005 which was entered in the bank register on 21.11.2005. The Standard Chartered Bank on these days were working for 365 days. It is normal practice of Bank that any transaction made by 365 days working branch on holidays is reported on Monday in case transaction is made on Sunday or on subsequent.....


87

2015 (8) TMI 1163 - ITAT JAIPUR - Income Tax

Income Tax Officer Ward 1 (2) , Jaipur Versus Bharti Malpani and Vica-Versa

Trading addition - Justification of Gross Profit Rate - bogus purchases - Held that:- This Bench has already decided identical issue in the case of Shri Anuj Kumar Varshney Vs. ITO & others gems and jewellery cases [2015 (4) TMI 533 - ITAT JAIPUR ] wherein detailed findings are given on bogus purchases. Therefore, by respectfully following our own decision the above case on same identical facts and circumstances, we apply 15% N. P. on bogus purchases claimed by the assessee. It is clarified that.....


88

2015 (8) TMI 1162 - ITAT BANGALORE - Income Tax

M/s. Ahad Builders Inc. Versus Asst. Commissioner of Income Tax, Circle 7 (2) , Bangalore.

Unexplained cash credits - identity and credit worthiness of the creditors and the genuineness of the transactions had not been established - CIT (Appeals) denying the admission of additional evidence submitted by the assessee in appellate proceedings under Rule 46A - Held that:- It appears from a plain reading of the order of assessment that the Assessing Officer at this stage, instead of putting the assessee on notice by affording the assessee an opportunity of being heard and to adduce eviden.....


89

2015 (8) TMI 1161 - ITAT KOLKATA - Income Tax

Calcutta Cycle Co. Hooghly Versus D.C.I.T., Circle-2, Midnapore

Reopening of assessment - AO invoked the provision of section 40(a)(ia) r.w.s. 194C - Held that:- From the facts and circumstances of the instant case and respectfully following the judicial precedents o310 ITR 561 n the impugned subject including that of the Hon’ble Supreme Court, Jurisdictional High Court and other High Courts, it is held that the assumption of jurisdiction u/s 147 of the Act by the Learned AO, is based only on “ change of opinion”; made without any tangible material that cons.....


90

2015 (8) TMI 1160 - ITAT AHMEDABAD - Income Tax

My Home Developers Versus ITO, Ward-7 (2) , Surat

Income disclosed during the survey - treated as Income from Other Sources or Business Income - disallowance of deduction u/s 80IB on the income disclosed during the survey - Held that:- We do not find any justification for the different stand of the Revenue authorities - one at the time of survey and another at the time of regular assessment. During the course of survey, the Revenue authorities themselves have considered the receipt noted in the diary to be on-money received for booking of the f.....


91

2015 (8) TMI 1159 - ITAT AHMEDABAD - Income Tax

Shri Hsamukhlal Versus The ITO Wrd-2 (2) Surat

Addition made by following the valuation method u/s.50C - Held that:- In the present case, the AO had made addition on the basis of the difference in value of the property declared by the assessee as sale consideration and the value that was adopted by the Stamp Valuation Authority. The submission of ld.AR that in the case of co-owners, the matter has been restored to AO by the Tribunal has not been controverted by ld.DR. We find that in the case(s) of S/Shri Ajay Hasmukhlal Jariwala and Dhanesh.....


92

2015 (8) TMI 1158 - ITAT MUMBAI - Income Tax

M/s. Envision Investment & Finance Pvt. Ltd. Versus The DCIT, Range 9 (1) , Mumbai

Set off of loss from trading in shares against profit earned - whether CIT(A) erred in holding that provisions of section 43(5), clause (d) is applicable from 25.01.2006 being the date of notification of Bombay Stock Exchange (BSE) & National Stock exchange(NSE) as recognized stock exchange, ignoring the fact that the provisions of section 43(5), clause (d) is inserted w.e.f. 01.04.2006? - Held that:- In the light of the decision of DLF Commercial Developers Ltd. (2013 (7) TMI 334 - DELHI HIGH C.....


93

2015 (8) TMI 1157 - ITAT AHMEDABAD - Income Tax

Babubhai Jesangbhai Desai Versus The CIT-III Ahmedabad

Revision u/s.263 - sufficient opportunity non granted - Held that:- U/s.263 CIT is empowered to call for and examine the record of any proceeding under this Act, and if he considers that any order passed therein by the AO is erroneous in so far as it is prejudicial to the interests of the revenue, he may, after giving the assessee an opportunity of being heard and after making or causing to be made such inquiry as he deems necessary, pass such order thereon as the circumstances of the case just.....


94

2015 (8) TMI 1156 - ITAT CHENNAI - Income Tax

The Deputy Commissioner of Income Tax Versus M/s Shasun Pharmaceuticals Ltd.

Loss on the loan borrowed in foreign currency due to exchange rate fluctuation - CIT(A) allowed claim as revenue loss - Held that:- This Tribunal after referring to the judgment of Apex Court in Sutlej Cotton Mills Ltd. (1978 (9) TMI 1 - SUPREME Court ), found that the CIT(Appeals) has taken a correct view. Apparently, the very same foreign exchange loan availed by the assessee from IDBI considered for the year under consideration also. Therefore, the observation of the Assessing Officer that ir.....


95

2015 (8) TMI 1155 - ITAT KOLKATA - Income Tax

Jaharlal Mukherjee Versus I.T.O., Ward-29 (1) , Kolkata

Disallowance u/s 40(a)(ia) - applicability of provision of section 44AD - whether the provision of section 40(a)(ia) of the Act can be made applicable for the assessee when his income is determined in accordance with the presumptive scheme u/s 44AD of the Act? - Held that:- CIT(A) had called for the copies of the bills and had given a categorical finding that the material portion cannot be bifurcated from the total bill so as to get out of the ambit of the provision of section 194C of the Act. A.....


96

2015 (8) TMI 1154 - ITAT HYDERABAD - Income Tax

ACIT (TDS) , TDS Circle 2 (1) , Hyderabad Versus Sri S. Panduranga Rao

TDS liability - purchase of telecast rights from the film producers - whether is not in the nature of ‘royalty’ payment and therefore not liable for TDS u/s 194J - Held that:- What the assessee has paid to the producers is consideration towards acquisition of satellite rights over the films for a period of 99 years, which is also irrevocable. This finding of fact recorded by the ld CIT (A) has not been controverted by the ld DR by bringing any evidence on record. Thus, once it is established tha.....


97

2015 (8) TMI 1153 - ITAT HYDERABAD - Income Tax

Mr. Ch. Govardhan Naidu, Prodduturu. Versus DCIT, Central Circle-1 (2) , Hyderabad.

Revision u/s 263 - errors in the orders passed by the A.O. under section 143(3) read with section 153A for all the five years - agricultural income was accepted by the A.O. without making necessary enquiries - Held that:- It is observed that in the common questionnaire issued by the A.O. on 30th July, 2012 for all the five years under consideration, the assessee vide point No.43 was required by the A.O. to furnish details of agricultural income along with the documentary proof of ownership of t.....


98

2015 (8) TMI 1152 - ITAT HYDERABAD - Income Tax

Sankshema Versus Dy. Director of Income Tax (Exemptions) -I, Hyderabad.

Eligibility to claim exemption u/s 11 - whether the transactions with Kapil Chit Funds are in violation of the provisions u/s 11(5) of the I.T.Act? - Held that:- The assessee has spent the entire income earned in the year for the objects of the trust. As has incurred excess amount, there is no surplus amount which needs to be invested u/s 11(5). Section 11(5) comes in to operation only when Trust has accumulated or set part the amount u/s 11(2). In the case of the assessee, there is a no surplus.....


99

2015 (8) TMI 1151 - ITAT CHENNAI - Income Tax

L & T Housing Finance Ltd Versus The Deputy Commissioner of Income-tax, Chennai

Disallowance u/s.14A - assessee earned dividend income which was claimed as exempt under sec.10(34) - AO observed that funds for a company come in a common kitty. and they compromise of borrowed funds, share capital and retained earnings (reserves and surplus) - Held that:- AO made he disallowance by invoking the provisions of sec.14A read with Rule 8D. Rule 8D was inserted by the IT (Fifth Amdt.) Rules, 2008, w.e.f. 24.3.2008. Since, Rule 8D has no retrospective effect, it cannot be applied for.....


100

2015 (8) TMI 1150 - ITAT HYDERABAD - Income Tax

Asstt. Commissioner of Income Tax, Circle 2 (2) Hyderabad and others Versus M/s. East India Petroleum Private Limited Hyderabad and others

Waiver of principal loan amount claimed as capital receipt in the revised computation of income - CIT(A) directed the AO to compute the correct figure of brought forward losses and give credit to the assessee wherever the law so demands - Held that:- Assessee has filed the revised computation of income and has failed to file the revised return. The AO has also given assessee enough time by taking up the scrutiny proceedings and issued notice u/s 143(2) and 142(1) to respond to the assessment and.....


101

2015 (8) TMI 1149 - ITAT MUMBAI - Income Tax

Asstt. Commissioner of Income Tax Versus Late Smt. Manjula S. Badani By L/H Shashikant G. Badani

Income from purchase and sale of shares - Long Term Capital Gain as well as Short Term Capital Gains V/S business income - Held that:- We uphold the finding of fact given by the first appellate authority, based on the period of holding, the income derived by the assessee by way of dividends, the fact that there are no borrowings for investment in shares, the volume of transactions which as per the learned CIT(Appeals) was not high and the fact that the assessee has diversified portfolio and has .....


102

2015 (8) TMI 1148 - ITAT MUMBAI - Income Tax

Asst. Commissioner of Income Tax Versus M/s Akash Land Developers

Deductions u/s 80IB(10)(10) - whether the assessee constructed residential cum commercial complex in violation of the Act? - CIT(A) allowed claim - Held that:- If the totality of facts available on record is kept in juxtaposition with the order of the Hon'ble jurisdictional High Court in Brahma Associated vs JCIT (2011 (2) TMI 373 - BOMBAY HIGH COURT), we find that the cases of the assessee falls within the parameters set out by Hon'ble High Court. Our view is further fortified by the decision o.....


103

2015 (8) TMI 1147 - ITAT CHENNAI - Income Tax

P. Bhavani and R. Jayalakshmi L/R R. Kumar Versus The Assistant Commissioner of Income Tax, Central Circle I (5) , Chennai

Entitlement to deduction under section 80-IB - Held that:- Since the assessee had filed the return of income belatedly on September 20, 2010, the assessee was not entitled for deduction under section 80-IB of the Act. The assessee has made a plea before us, that there was an error in filling e-return of income which is too technical is to be ignored. In our opinion, this was considered by the Tribunal on the earlier occasion and the Tribunal had given the findings in the assessee's own case for .....


104

2015 (8) TMI 1146 - ITAT DELHI - Income Tax

DD Township Ltd. Versus DCIT Cir. 10 (1) , New Delhi

Disallowance under section 36(1)(iii) - utilisation of interest bearing funds for non-business activities - Held that:- The entire thrust of the assessee's submissions from the very beginning was that the amounts were advanced to group concerns, keeping in view the restrictions imposed by the Land Acquisition Act and this aspect we find has not at all been addressed by the lower Revenue authorities. If the advances were given out of commercial expediency then it is settled law that no disallowan.....


105

2015 (8) TMI 1145 - ITAT COCHIN - Income Tax

ITO, Wd. 2 Thiruvalla Versus Most Rev Dr Joseph Marthoma

Unexplained investment/deposit found in the bank deposits - addition under section 69 - CIT(A) delted the addition - Held that:- The bank account standing in the name of the assessee does not belong to the assessee in his individual capacity and he was holding the account in his fiduciary capacity as metropolitan/bishop of the church. Therefore, all the monies credited in the bank account, which stands in the name of the assessee, belong to the church. If the money credited in the bank account o.....


106

2015 (8) TMI 1144 - ITAT AMRITSAR - Income Tax

Gurcharan Singh of S. Dalip Singh Versus Income Tax Officer, Ward 2 (II) , Muktsar

Validity of reopening of assessment - whether notice u/s 148 was not served in accordance with the provisions of section 282 of the Income Tax Act, 1961 as such the proceedings initiated are void ab-initio and deserves to be quashed? - Held that:- In the present case, the department has not brought anything on record to establish that the brother of the assessee, namely Harcharan Singh, had been authorised by the assessee to accept service of notice on behalf of the assessee. Harcharan Singh, br.....


107

2015 (8) TMI 1143 - ITAT MUMBAI - Income Tax

IDBI Capital Market Services Ltd. Versus The DCIT, Range 4 (1) , Mumbai

Disallowance of respect of mark to market loss - Held that:- It is an undisputed fact that the assessee has made the valuation of interest rate Swap contracts as at the end of the year. It is also an undisputed fact that assessee had incurred losses on such valuation. The said losses have been claimed as deduction in the P&L Account. It is also an undisputed fact that the assessee has made the entries following Accounting Standard, AS-11 of the ICAI. Such losses being treated as mark to market t.....


108

2015 (8) TMI 1142 - ITAT MUMBAI - Income Tax

Mr. Narsinha J Ghate Versus Income Tax Officer.

Reopening of assessment - Held that:- There is no merit in the contentions of the assessee. As pointed out by the ld. DR that the AO has reopened the assessment, inter-alia, with regard to the income arising on sale of other assets. The AO has also made addition with regard to the sale of assets, and hence, we are of the view that the reopening has been done in accordance with law. Accordingly, we reject the contention of the assessee in this regard. - Decided against assessee.

Disall.....


109

2015 (8) TMI 1141 - ITAT HYDERABAD - Income Tax

Sri Sardar Iqbal Singh Versus Joint Commissioner of Income-tax

Addition u/s 68 - Held that:- Considering the fact that assessee before us has produced relevant bank statements and explained the source of deposits in the bank account of Shri Ankit Singh and subsequent transfer to assessee’s bank account, we are inclined to remit the matter back to the file of AO for verifying this aspect after examining the relevant bank accounts and decide the issue after due opportunity of being heard to assessee. We make it clear if on verification of the bank statements,.....


110

2015 (8) TMI 1140 - ITAT DELHI - Income Tax

Income-tax Officer Versus. Shri Ram Kumar Duhan

Investment from undisclosed sources - CIT(A) deleted addition holding that the deposits made in cash were related to HUF of assessee - Held that:- The appellant had not invested any amount for the transfer of agricultural land in his name from Sh. S.N. Thakur, as the land always remained belonging to M/s. KTC Dev. Pvt. Ltd. This is reflected in the audited balance sheet and P & L A/c of M/s. KTC Dev. Pvt. Ltd. and the fact of payment of stamp duty and registration fee by the company and receipt .....


111

2015 (8) TMI 1139 - SUPREME COURT OF INDIA - Allied Laws

K.S. Panduranga Versus State of Karnataka

Whether High Court could not have heard the appeal in the absence of the counsel for the accused - Appointment of amicus curiae - Hearing of appeal in absence of appellant - Conviction under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 - Imposition of fine -Held that:- In the judgement of Larger bench in Bani Singh (1996 (7) TMI 562 - SUPREME COURT), it has not been laid down as a ratio that in each circumstance, the High Court should appoint a counsel f.....


112

2015 (8) TMI 1138 - CESTAT ALLAHABAD - Service Tax

Motilal Nehru National Institute of Technology Versus C.C. Ex. & S. Tax, Allahabad

Demand of service tax - Manpower Recruitment or Supply Agency service - placement charges are collected from students and not from an employer or a prospective employer - Held that:- From the definition and the enumeration of this activity as a taxable service, it is clear that what is taxable is the rendition of any service towards recruitment or supply or manpower, temporarily or otherwise to a client. The recipient of this service is a client who receives services in the nature of recruitmen.....


113

2015 (8) TMI 1137 - CESTAT ALLAHABAD - Service Tax

Gemini Mobiles Pvt Ltd, Sunny Motors Pvt Ltd Versus Commissioner of Central Excise And Service Tax, Lucknow

Demand of service tax - Business Auxiliary Service - Appellants were also facilitating availment of loans by customers from Banks and financial institutions - Receipt of commission - Held that:- In the light of the Larger Bench ruling clarifying contours of BAS, in respect of transactions involving automobile dealers and banks or financial institutions, there was a bona fide doubt as to whether appellants herein had provided BAS during the relevant period in issue. Therefore non-filing of return.....


114

2015 (8) TMI 1136 - CESTAT MUMBAI - Service Tax

Commissioner of Central Excise, Nashik Versus M/s Bhagwati Steel Cast Ltd.

Power of commissioner to remand back the matter - Denial of CENVAT Credit - GTA Service - Held that:- powers flowing from sub-Section (4) of Section 85 clothe, the Commissioner (Appeals) with power to even remand the proceedings. If proper inquiry is not conducted or the proceedings is decided ex-parte, it would not be necessary in every case that the Commissioner (Appeals) converts himself to the adjudicating authority and conducts the entire inquiry necessary for proper adjudication of the iss.....


115

2015 (8) TMI 1135 - CESTAT BANGALORE - Service Tax

M/s. Deloitte support services (I) P. Ltd Versus. C.C.E. & S.T. Hyderabad-IV

Waiver of pre deposit - Manpower recruitment or supply agency service - Reverse charge of mechanism - Held that:- Payments made to local vendors for purchase of foreign currency to facilitate foreign stay of petitioner's employees abroad, on which the tax demand of ₹ 8,765/- is assessed is misconceived as purchase of foreign currency is neither a service nor a taxable service defined anywhere, in the provisions of the Act. Demand of ₹ 25,442/- is attributed as the tax liability on r.....


116

2015 (8) TMI 1134 - CESTAT KOLKATA - Service Tax

Mr. Shankar Paul Versus Commr. of Central Excise & Service Tax, JSR

Condonation of delay - Delay of more than 300 days - Held that:- From the conduct of the applicant that they are not serious in prosecuting the application before this Forum. Also, from the records we find the averments made by the applicant seeking condonation of the delay is not supported by evidence. - Condonation denied.


117

2015 (8) TMI 1133 - CESTAT AHMEDABAD - Service Tax

M/s Garden Silk Mills Ltd. Versus Commissioner, Central Excise & Service Tax, Surat-I

Denial of CENVAT Credit - whether a manufacture having CENVAT Credit balance in the CENVAT account and utilize the credit for payment of Service Tax on “Goods Transport by Road” on inward freight and “Technical Assistance Service” received from a foreign service provider during the period March 2005 to May 2006 - Held that:- issue is no more res-integra in view of the decision of the Hon'ble Gujarat High Court in the case of Commissioner of Central Excise & Customs Vs Panchmahal Steel Ltd - [201.....


118

2015 (8) TMI 1132 - GUJARAT HIGH COURT - VAT and Sales Tax

State of Gujarat Versus Kiran Industries

Adjustment of tax liability – Out of input tax credit available – Appeal was filed before Tribunal against order of first Appellate Authority dismissing appeal on ground of non-deposit of pre-deposit – Tribunal after deciding issue on merits deleted levy of interest and penalty – Whether tribunal was justified on deciding matter on merits despite that appellate authority dismissed only on ground of pre-deposit and deleting interest and penalty levied – Held that, when appeal before Tribunal was .....


119

2015 (8) TMI 1131 - ALLAHABAD HIGH COURT - VAT and Sales Tax

M/s. Gondwana Enterprises Versus State of U.P. And 3 Others

Suo Moto Re-assessment – Assessment order was passed in which rebate of entry tax on sale of forging was granted – Subsequently, notice was issued proposing to make re-assessment and as no reply was received, appropriate authority granted permission to initiate proceedings for re-assessment –Petitioner being aggrieved by issuance of notice and granting of permission, prayed for its quashing – Held that:- if assessing authority has reasons to believe that whole or any part of turnover had escaped.....


120

2015 (8) TMI 1130 - KERALA HIGH COURT - VAT and Sales Tax

Tissan J. Thachankary Versus State of Kerala and others

Exercise of Revisional powers – Validity – Petitioner seeking to quash proceedings, assessment order issued in pursuant to said proceedings and notice of demand – Petitioner contended that there was limitation in exercising powers under section 6(5) and reopening assessment by invoking section 8(1) of Act suo moto by revisional authority – Whether there is any period of limitation for exercising suo moto power of revision – Held that:- not in dispute that section 8(1) does not provide any specif.....


121

2015 (8) TMI 1129 - TRIPURA HIGH COURT - VAT and Sales Tax

Tara Bhusan Saha Versus State of Tripura and others

Increase in Purchase price – Increase in tax – Rejecting books of Account – Petitioner maintained books of account and had paid purchase tax as per these books however assessing officer did not rely upon books of account and assessed purchase price of raw rubber at higher rates alleging that price shown by petitioner was very lower than market situation – Held that:- mere ipse dixit of assessing officer cannot be accepted – No doubt assessing officer may have jurisdiction to increase rates, but .....


122

2015 (8) TMI 1128 - ANDHRA PRADESH HIGH COURT - Central Excise

The Commissioner of Customs and Central Excise Versus M/s Andhra Pradesh Paper Mills Ltd.

Duty demand u/s 11A - Suppression of facts - Misdeclaration of goods - Whether the CESTAT, was right in rejecting extended period of demand under Section 11A of Central Excise Act, 1944 and in not restoring levy of mandatory penalty under Section 11AC, levy of interest under Section 11AB of the Act and penalties under Rules 173Q and 226 of Central Excise Rules, 1944, holding that no mis- declaration or suppression was made by the respondent - Held that:- Even before the Tribunal, there was no ma.....


123

2015 (8) TMI 1127 - DELHI HIGH COURT - Central Excise

M/s. Vishnu & Co. Pvt. Ltd. & Another Versus Superintendent Central Excise

Quashing of FIR - Demand set aside by CESTAT - Held that:- Since petitioners have an alternate and efficacious remedy to seek discharge from trial court by urging the pleas taken herein, therefore, this Court is not inclined to exercise its inherent jurisdiction under Section 482 of Cr.P.C. - Petition disposed of.


124

2015 (8) TMI 1126 - ALLAHABAD HIGH COURT - Central Excise

M/s Jaiprakash Associates Ltd. Versus Union of India & Others

Recovery of excise duty - Recovery from purchaser of wound up company - Held that:- Corporation has not transferred or disposed of its business or trade. The Corporation has been wound up by an order of the Court and its assets have been sold off. A running business has not been sold. It has come on record that production activity is not being carried out since 1997. The Counter Affidavit of the Central Excise Department is silent as to how they have asserted that a running business of the Corpo.....


125

2015 (8) TMI 1125 - SUPREME COURT - Central Excise

Commnr of Central Excise Versus M/s JCBL

Classification of goods - Whether the product manufactured by the respondent assessee is covered by Chapter Heading No.87.02 or 87.07 - Held that:- inasmuch as Notification No.27/2002-CE(NT) dated 23.7.2002 which is for the period 1.5.1991 to 28.2.2001, categorically mentions that such product shall be under Heading 87.02, 87.03 or 87.04 instead of Heading 87.07 of the said schedule - Respondent shall be entitled to the benefit of exemption of Notification No.27/2002. - Appeal disposed of.


126

2015 (8) TMI 1124 - SUPREME COURT - Central Excise

Commissioner Versus Asmaco Industries Ltd.

Duty demand - Manufacturing activity - slitting of crape paper for making masking tape - Supreme Court declined to entertain the appeal as the duty impact is less than ₹ 2 lakhs. Appeal was filed by the Revenue against the decision of Tribunal [2003 (6) TMI 407 - CESTAT, MUMBAI], wherein Tribunal held that It is nowhere stated in the chapter sub-heading classifying the paper on the basis of the dimension of it namely width of the paper. Note 10(a) of the Chapter 48 mentions that process of.....


127

2015 (8) TMI 1123 - SUPREME COURT - Central Excise

Commissioner Versus Kunal Processors

Duty demand - Manufacturing activity - clearance of silver coated copper tamping powder but they did not reflect the same in the classification lists or in RT 12 Returns or in any other statutory record - Supreme Court dismissed the appeal due to nominal tax effect. The appeal was filed by the Revenue against the decision of Tribunal [2001 (3) TMI 508 - CEGAT, NEW DELHI]; wherein Tribunal held that silver coating of the copper tamping powder does not amounted to manufacture for want of any mater.....


128

2015 (8) TMI 1122 - SUPREME COURT - Central Excise

Commissioner Versus Ascent Meditech Ltd.

Classification of orthopaedic heating belts - Chapter Heading No.90219090 or Chapter Heading No.90189099 - extended period of limitation - Supreme Court after condoning the delay dismissed the appeal as devoid of merit. The appeal was filed by the Revenue against the decision of Tribunal [2014 (7) TMI 1071 - CESTAT AHMEDABAD]; wherein Tribunal held that giving a very narrow interpretation of the phrase ‘preventing or correcting bodily deformities’ needs to be visible and should be outside the bo.....


129

2015 (8) TMI 1121 - BOMBAY HIGH COURT - Central Excise

COMMISSIONER OF CENTRAL EXCISE, THANE-I Versus CLARIANT (I) LTD.

Denial of refund claim - Bar of limitation - payment of duty was made before issue of SCN - claim of refund was submitted after the SCN was dropped - refund claim filed on 26-2-2001 i.e. after a period of 3 years from the date of such payment/debit was within the limitation of time as prescribed under section 11B of Central Excise Act, 1944 - Held that:- Payment of duty was made by the assessee and that was in terms of the computation made by it. It was debited in the revenue account in November.....


130

2015 (8) TMI 1120 - SUPREME COURT - Customs

M/s NRB Bearing Ltd. and Ors. Versus Commissioner of Customs, Mumbai

Invocation of extended period of limitation – Tribunal dismissed application filed by assesse for rectification of mistake in final order and allowed appeals filed by Department – Admittedly application was dismissed on merits as well as on limitation – Held that:- Tribunal simply referred to judgment in case of Jacsons Thevara Vs. Collection of Customs & Central Excise [1991 (2) TMI 140 - SUPREME COURT OF INDIA] and stated that since in said judgment had held that extended period of limitation .....


131

2015 (8) TMI 1119 - SUPREME COURT - Customs

Commissioner of Customs (Import) , Mumbai Versus Shri Pundrick Ravindra Trivedi & Ors.

Goods mis-declared to avoid duty – import of electronic components/parts - Commissioner in his order, which proved that what was, in fact, imported was complete sets of audio systems in dis-assembled conditions with a view to evade custom duties. - Tribunal decided the issue in favor of assessee – Held that:- Very material aspect which is glossed over by Tribunal is that technicians who had inspected goods were able to assemble systems from parts imported by respondent and make it functional – M.....


132

2015 (8) TMI 1118 - SUPREME COURT - Customs

Commissioner of Customs, Kandla Versus M/s. Abm International Ltd. & Anr.

Principle of Res-Judicata - While dismissing appeal of Revenue in first ground of litigation, no doubt Supreme court had left question of law open - However, that could not be ground to reopen case of Revenue - Therefore, Supreme court of opinion that Tribunal rightly applied principles of res judicata - Appeal accordingly, dismissed.


133

2015 (8) TMI 1117 - PUNJAB & HARYANA HIGH COURT - Customs

Zile Singh Versus State of Haryana

Non-Compliance of condition under which search shall be conducted – Appeal against Conviction – Appellant was convicted for offence punishable under Section 20(b) of NDPS Act, 1985 and sentenced to undergo rigorous imprisonment and to pay fine – Informer apprised police party that appellant was selling charas at that time also and if raid is conducted, charas can be recovered from him – After completion of required formalities appellant was charge-sheeted to which he pleaded not guilty and claim.....


134

2015 (8) TMI 1116 - KERALA HIGH COURT - Customs

M/s. Chalissery kirana merchant and others Versus Union of India and others

Order for Provisional Assessment – Suspicion as to place of origin of goods imported – Department detained goods imported by petitioners satisfying concessional rate of duty; and proceeding with provisional assessment under Section 18 of Customs Act, with liberty to have goods released, on satisfaction of 35% of differential duty as cash deposit – Held that:-data that too, of year 2003 cannot lead to inference that Sri Lanka, from where goods were imported, is not areca nut producing country – P.....


135

2015 (8) TMI 1115 - DELHI HIGH COURT - Customs

COMMISSIONER OF CUSTOMS Versus DINKAR KHINDRIA

Refund of amount against gold which was disposed off after seizure - Payment of Sum equivalent to Goods disposed – illegal import of gold - Tribunal directed release of gold of amount subject to payment of redemption fine, penalty and Customs Duty, said amount was deposited by Assesse – Admittedly revenue had disposed goods, therefore vide impugned order was directed to pay sum equal to goods – Held that:- evident that when goods were imported there were two claimants, out of which, by Tribunal’.....


136

2015 (8) TMI 1114 - CESTAT NEW DELHI - Customs

M/s. Pacific International Versus C.C.E., Delhi-IV

Valuation of goods - Enhancement in CIF value of imported goods - Held that:- At the time of adjudication by the primary adjudicating authority, the appellant-assessee had waived the Show Cause Notice. Waiver of Show Cause Notice obviously means that the assessee had willingly given up its right for full observance of the principles of natural Justice. Further, we find that three dates were fixed by the Commissioner (Appeals) for personal hearing but the appellant did not appear for personal hea.....


137

2015 (8) TMI 1113 - CESTAT NEW DELHI - Customs

Delhi International Airport Pvt. Ltd. Versus CC, New Delhi

Classification of goods - benefit of project import - Held that:- appellant had not produced the Release Advice from the Custom House where the project was registered and therefore the assessing officer had no basis to classify the impugned goods under CTH 98.01 and so assessed the goods on merit. The Commissioner (Appeals) is thus totally justified in holding that the assessment was correctly done. The judgement in the case of Power Build Ltd. Vs. CCE, Mumbai (2003 (5) TMI 306 - CESTAT, MUMBAI.....


138

2015 (8) TMI 1112 - PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI - FEMA

LALIT KUMAR AGRAWAL (M.D.) Versus DY. DIR., DIRECTORATE OF ENFORCEMENT, GOA

Money laundering - res judicata in the criminal complaint - Attachment of property - appellant admitted that property is not owned by her but by the company - Held that:- The action of attachment is not in relation to a person as such but essentially to freeze the proceeds of the crime. The fact that the respondents could have acted only if there was reason to believe that a person is in possession of proceeds of crime does not mean that the authorities at this stage are obliged to prove the fa.....


139

2015 (8) TMI 1111 - SUPREME COURT - Allied Laws

Pratima Chowdhury Versus Kalpana Mukherjee & Anr

Ownership of flat - Flat transferred in the name of Respondent with the consent of Appellant - Arbitrator gave decision in favour of Appellant - Co-operative Tribunal and High Court decided against her - Held that:- The reason for transferring flat no. 5D indicated in the letters dated 11.11.1992 and 13.11.1992 was on account of the close relationship between Pratima Chowdhury and Kalpana Mukherjee - As a matter of fact, there was no close relationship between Pratima Chowdhury and Kalpana Mukhe.....


140

2015 (8) TMI 1110 - SUPREME COURT - Allied Laws

S.T. SADIQ Versus STATE OF KERALA & ORS

Constitutional validity of the Kerala Cashew Factories (Acquisition) Act, 1974 - Held that:- No Section of the principal Act had been struck down and hence Section 6 of the Amendment Act did not need to remove the basis of any earlier decision striking down an Act. We repeatedly asked him if action had been taken under Section 3(1) or 3A of the Amendment Act to acquire any of the cashew factories before us. His candid answer was "no". The argument that Section 6 contains a third source of power .....


141

2015 (8) TMI 1109 - SUPREME COURT - Allied Laws

State of M.P. and Others Versus Sanjay Nagayach and Others

Superseding of the Board of Directors of District Cooperative Central Bank Ltd., Panna without previous consultation with the Reserve Bank of India - Violation of second proviso to Section 53(1) of the Madhya Pradesh Cooperative Societies Act, 1960 - Held that:- Seven charges levelled against the Board of Directors were relating to the period of the previous Committee, for which the first respondent Board of Directors could not be held responsible. Further, even though the Board had taken charge.....


142

2015 (8) TMI 1108 - SUPREME COURT - Allied Laws

Central Bureau of Investigation Versus V. Vijay Sai Reddy

Cancellation of bail granted to the respondent - Held that:- if irrelevant materials have been taken into account or relevant materials have been kept out of consideration, the order granting bail to the accused cannot be sustained. In the same way, if there is specific allegation by the prosecution that the accused in question was a party to the criminal conspiracy, neither the Special Court nor the High Court is justified in granting bail to the said person. - It is pointed out by the CBI that.....


143

2015 (8) TMI 1107 - SUPREME COURT - Allied Laws

Singareni Collieries Co. Ltd. Versus Vemuganti Ramakrishan Rao & Ors.

Delay in Quantification of compensation granted - Acquisition of land - HC observed that LAO/Collector, Land Acquisition having made the Award beyond the period of two years stipulated in Section 11-A of the Land Acquisition Act, the acquisition proceedings initiated by the authorities have lapsed. - Held that:- Under the first principle a casus omissus cannot be supplied by the Court except in the case of clear necessity and when reason for it found in the four corners of the statute itself bu.....


144

2015 (8) TMI 1106 - SUPREME COURT - Allied Laws

STATE OF M.P. & ANR. Versus. ANSHUMAN SHUKLA

Revisional order dismissed as barred by limitation - Whether the provisions of Limitation Act are applicable to the provisions of Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 - Held that:- Section 5 of the Limitation Act provides that an appeal may be admitted after the limitation period has expired, if the appellant satisfies the court that there was sufficient cause for delay - Section 19 of the Act of 1983, does not contain any express rider on the power of the High Court to entertain.....


145

2015 (8) TMI 1105 - DELHI HIGH COURT - FEMA

KAVITA DOGRA Versus DIRECTOR OF ENFORCEMENT

Contravention of Section 18 (2) of the Foreign Exchange Regulation Act, 1973 - non-realization of export proceeds - Held that:- Although Section 68 FERA is in the nature of a deeming provision, the proviso thereto contemplates rebuttal of such presumption by a person who is able to show that the contravention took place without his or her knowledge. - memorandum is a cyclostyled form and the averments as regards all the directors is identical. There is no specific mention of the precise role of .....


146

2015 (8) TMI 1104 - Allahabad High Court - Central Excise

The Commissioner Central Excise Versus M/s Mayank And Company

Challenge to Stay order - Tribunal granted stay for unlimited period - Held that:- In the Commissioner Central Excise Vs. M/s Magnum Ventures Ltd. in [2015 (8) TMI 1075 - ALLAHABAD HIGH COURT], this Court clarified that the interim order granted by the Tribunal will not continue beyond 365 days from the date it has been passed and has further clarified that after expiry of 365 days the assessee would be at liberty to make a fresh application for extension of the interim order. - Tribunal direc.....


147

2015 (8) TMI 1103 - CESTAT MUMBAI - Service Tax

KING METAL WORKS Versus COMMISSIONER OF SERVICE TAX, MUMBAI

Denial of refund claim - Notification No. 41/2007-S.T., dated 6-10-2007 - non-fulfilment of conditions regarding furnishing of contract and non-mentioning of the amount paid to commission agent in the shipping bills - Held that:- The appellant had not produced the copy of contract and the amount of Service Tax paid is not mentioned in the shipping bills. In respect of terminal handling charges and carriage service, these services are for delivery of goods after export at the destination port hen.....


148

2015 (8) TMI 1102 - CESTAT CHENNAI - Service Tax

Commissioner of Central Excise, Madurai Versus TVS Interconnect Systems Ltd.

Power of Commissioner to remand back the matter - Held that:- Gujarat High Court in the case of Medico Labs (2004 (9) TMI 108 - HIGH COURT OF GUJARAT AT AHMEDABAD) dismissed the appeal filed by Revenue on the identical issue. Respectfully following the decision of the Hon'ble Gujarat High Court in the case of CCE Ahmedabad Vs Medico Labs (supra), I do not find any infirmity in the order of Commissioner (Appeals) - Decided against Revenue.


149

2015 (8) TMI 1101 - ITAT HYDERABAD - Wealth tax

Shri Y. Lava Kumar Versus Asstt. Commissioner of Wealth-tax, Circle 11 (1) , Hyderabad

Valuation - Whether the CWT(A) is right in deleting the additions made to the taxable wealth in conformity with S.7, Schedule III, Part H of the Wealth-tax Act read with Rule 20 of the Wealth-tax Rules - Held that:- Assessee has relinquished his rights in the property in question for a consideration of ₹ 2.45 crores in the previous year relevant for assessment year 2008-09, and accordingly offered the capital gains arising from the said transaction for assessment under the income-tax Act, .....


150

2015 (8) TMI 1100 - ALLAHABAD HIGH COURT - Income Tax

U.P. Forest Corporation And Others Versus Commissioner of Income Tax And Another

Revision u/s 263 - Assessment Officer has not complied with the directions given by the Tribunal in its judgment & order - ITAT upholding order passed under section 263 by CIT(A) - Held that:- Tribunal had remanded the case to the Assessment Officer for statistical purposes. Therefore, it was mandatory for Assessment Officer to examine the statements furnished by Assessee and to verify it with account books in the light of provisions of Section 11 of Income-tax Act, 1961. It is, therefore, appa.....


151

2015 (8) TMI 1099 - PUNJAB & HARYANA HIGH COURT - Income Tax

Bikramjit Singh Gill Versus Commissioner of Income Tax, Bathinda

Transfer of property - capital gain - scope and legislative intent of Section 2(47)(ii), (v) and (vi) of the Act - what are the essential ingredients for applicability of Section 53A of 1882 Act - meaning to be assigned to the term “possession”? - whether in the facts and circumstances, any taxable capital gains arises from the transaction entered by the assessee? - Held that:- Perusal of the JDA dated 25.2.2007 read with sale deeds dated 2.3.007 and 25.4.2007 in respect of 3.08 acres and 4.62 a.....


152

2015 (8) TMI 1098 - RAJASTHAN HIGH COURT - Income Tax

PR. Commissioner of Income Tax Versus M/s. Bhawani Silicate Industries

Rejection of books of accounts - estimation of income - trading addition - applying GP Rate - CIT(A) reduced the trading addition by adopting GP Rate of 1.75% AY 2008-09 and 1.50% for 2009-10 - Tribunal held that the manner in which the record was maintained, the books of accounts could not have been rejected and accordingly even the trading addition, which was sustained and upheld by the CIT(A), was deleted - Held that:- Tribunal, which is the ultimate final fact finding authority, after analy.....


153

2015 (8) TMI 1097 - DELHI HIGH COURT - Income Tax

Principal Commissioner of Income Tax-21 Delhi Versus Sh. Birender Singh

Rejection of books of accounts - adopting net profit rate of 8% of the gross turnover - ITAT deleted the addition - Held that:- ITAT has while affirming the decision of the CIT(A), noted that the non-maintenance of stock registers cannot be a ground for rejection as it depends upon the nature of the business. The books of accounts maintained by the Assessee were duly audited and, therefore, the onus is shifted to the Revenue to show that the accounts were incomplete or incorrect. The ITAT has in.....


154

2015 (8) TMI 1096 - ALLAHABAD HIGH COURT - Income Tax

L.G. Electronics Inida Pvt. Ltd. Versus Commissioner Of Income Tax And 2 Others

Extension of stay beyond the period of 365 days - Power of Tribunal to extend stay - Held that:- If the assessee has not sought adjournment and has not avoided hearing of the appeal in any manner, there can be little or no justification for his interim order being vacated only because 180/365 days have elapsed. Any other interpretation jeopardising the rights of such an assessee would in our opinion be per se arbitrary.

It is settled law that the assessee cannot be permitted to suffe.....


155

2015 (8) TMI 1095 - ITAT JAIPUR - Income Tax

ACE India Medical Systems and Others Versus Assistant Commissioner of Income Tax, Circle-2, Kota (Raj.) and Others

Deciding the case ex parte U/s 144 - Held that:- The assessee’s attitude was totally non-cooperative with the department as evident from the number of dates for hearing given by the Assessing Officer. The assessee had never produced the books of account before the Assessing Officer as claimed by him, which has been confirmed by the ld CIT(A). Both the authorities cannot be held irresponsible when assessee’s conduct shows that he had not produced books of account in given time before the Assessin.....


156

2015 (8) TMI 1094 - ITAT PUNE - Income Tax

M/s. Kailash Vahan Udyog Ltd. Versus Dy. Commissioner of Income Tax and Assistant Commissioner of Income Tax, Circle – 9, Pune and Vica-Versa

Manner in which brought forward business loss and unabsorbed depreciation is to be dealt with under MAT provisions - Held that:- According to the provisions of section 115JB Explanation 1 Clause (iii) while computing book profit, the amount of loss brought forward (before depreciation) or unabsorbed depreciation, whichever is less (as per books of account), shall be reduced from net profit.

In the present case, the issue involved is identical. We do not find any infirmity in the orde.....


157

2015 (8) TMI 1093 - ITAT JAIPUR - Income Tax

The ITO, Ward- 6 (3) , Jaipur Versus Smt. Bharti Gajaria

Computation of capital gain - CIT(A) accepting the assessee’s plea that the plot in question was purchased in the year 1980 by making part payment and taking possession and consequently adopting the fair market value of the property as on 1-04-1981 and allowing indexed cost of acquisition at ₹ 31,19,050/- - Held that:- As find from the records that the assessee has not produced the original sale agreements entered between the parties before the AO. The assessee has also not disclosed the c.....


158

2015 (8) TMI 1092 - ITAT CHENNAI - Income Tax

M/s. Vishnu Lakshmi Mills Pvt. Ltd. Versus Deputy Commissioner of Income Tax, Company Circle- III (4) , Chennai

Replacement of carding & roving machines and ring frames expenditure - revenue expenditure deductible under section 37 or Current repairs deductible under section 31 - Held that:- Following the decision of the Hon’ble Supreme Court in the case of CIT v. Srif Mangayarkarasi Spinning Mills (P) Ltd. (2009 (7) TMI 17 - SUPREME COURT) were in held that though accounting practices may not be the best guide in determining the nature of expenditure, in this case they are indicative of what the assessee .....


159

2015 (8) TMI 1091 - ITAT JAIPUR - Income Tax

Brahamanand Agarwal and Others Versus Deputy Commissioner of Income Tax, Circle, Sawai Madhopur and Others

Estimation of net profit - assessee did not produce the complete books of account and he filed an affidavit that there was a dispute with the accountant and he was not given the books of account. - Held that:- On verification of asset disclosed by the assessee, he has only Jeap. It appears that this computer owned by the somebody else, therefore, the claim of assessee that accountant had taken books of account appears to be false. Accordingly, we confirm the net profit @ 9% subject to third par.....


160

2015 (8) TMI 1090 - ITAT AMRITSAR - Income Tax

M/s. O.K. Rice Mills Versus Income Tax Officer

Penalty under section 271(1)(c) - Held that:- What is really required to be seen by the authorities below was there was an explanation offered by the assessee which could be acceptable to a fact finding body and whether such an explanation could be said to be a bonafide explanation. We find that the explanation of the assessee is supported by the decisions of the Tribunal in Thermoflic's case (1996 (9) TMI 182 - ITAT JABALPUR) and Moped and Machine's case (2005 (8) TMI 49 - MADHYA PRADESH High C.....


161

2015 (8) TMI 1089 - ITAT MUMBAI - Income Tax

ACIT, Cir-6 (3) , Mumbai Versus Shri Raymond Nariman Elavia, Mrs. Armaity Raymond Elavia

Validity of proceedings initiated under section 158BD - addition on undisclosed income of the assessee - CIT(A) deleted addition - Held that:- Admittedly, in this case the AO of the searched person had not recorded any satisfaction about any undisclosed income of the assessee which had escaped assessment. The AO of the searched person had simply forwarded the documents to the AO of the assessee for examination. The AO, in the assessment order, has reproduced the satisfaction note which relates t.....


162

2015 (8) TMI 1088 - ITAT CHANDIGARH - Income Tax

Shri Shiv Kumar, C/o M/s Shiv Parveen Enterprises Versus The A.C.I.T., Circle V, Ludhiana

Disallowance under section 40A(2)(b) - According to AO salary paid to Shri Amandeep Kumar was excessive as was only 10th pass and not technically qualified - Held that:- Both the sons of the assessee are doing same job for the assessee and merely because Shri Amandeep Kumar was not technically qualified would not give occasion for the Assessing Officer to disallow the salary substantially. It is not in dispute that the total receipts of the assessee were substantially higher in assessment year u.....


163

2015 (8) TMI 1087 - ITAT CHANDIGARH - Income Tax

The ACIT, Circle II, Ludhiana Versus M/s Kanya Enterprises (P) Ltd.

Valuation of agricultural land and commercial land - book value v/s market value - CIT (Appeals) held that the AO had wrongly applied the circle rate of commercial land without evidence in valuing the value of land at ₹ 20,82,712 and that the circle rate for agriculture land was to be taken, ignoring the fact that the land was being used for commercial purposes and that circle rate of ₹ 900 per sq.yd. which is applicable to commercial buildings was to be taken for valuation of land......


164

2015 (8) TMI 1086 - ITAT MUMBAI - Income Tax

M/s. SM Energy Teknik & Electronics Ltd. Versus DCIT-8 (3) , Mumbai and Vice- Versa

Disallowance under the head foreign travelling expenses - Held that:- The assessee had furnished the details about the encashment/ surrender of foreign exchange before both the lower authorities. The Assessing Officer or the first appellate authority had not doubted the foreign tours undertaken by the employees of the assessee-company. After considering the material on record and the judgment of Krishnonics Ltd. [2007 (12) TMI 406 - ITAT AHMEDABAD] we are of the opinion that the addition upheld.....


165

2015 (8) TMI 1085 - ITAT PUNE - Income Tax

Shri Laxmi Narayan Nagari Versus ITO, Ward-1 (3) , Kolhapur

Eligibility for deduction u/s.80P(2)(a)(i) - interest earned on deposit kept with schedule banks - assessee (cooperative society) engaged in the activity of providing credit facilities to its member - Held that:- Since in the instant case, two divergent decisions were cited before us and no decision of the Hon’ble jurisdictional High Court is available, therefore, following the decision of the Hon’ble Supreme Court in the case of CIT Vs. Vegetable products reported in [1973 (1) TMI 1 - SUPREME C.....


166

2015 (8) TMI 1084 - ITAT MUMBAI - Income Tax

M/s. Valiant Glass Works Pvt. Ltd Versus The ITO, 4 (3) (3) , Mumbai

Addition on account of sale outside books at ₹ 20,91,360/- - Held that:- Find force in the contention of assessee that exhibit-138 and 139 have to be read together and the entries in exhibit 138 has to be considered while considering the entries in exhibit-139. That being so, set off of 687898.99 mtrs has to be given in 909289.17 mtrs., resulting into shortage of 221390.18, at the most this has to be considered as sold outside the books. Further, a perusal of the comparative chart show tha.....


167

2015 (8) TMI 1083 - ITAT PUNE - Income Tax

Aranyashwar Devalaya Trust Versus CIT-1, Pune

Grant of approval u/s.80G denied - objects as well as activities are predominantly religious and since the religious expenses in all the 3 years in respect of which statement of accounts have been submitted exceeded 5% of the total income/receipts which is violative of the provisions of sub-section (5B) of section 80G - Held that:- In the instant case the objects of the trust are not entirely religious and since some of the objects are charitable in nature, a finding given by the Ld. CIT himself.....


168

2015 (8) TMI 1082 - ITAT DELHI - Income Tax

Deputy CIT, Circle 10 (1) , New Delhi Versus M/s. Danisco (India) Pvt. Ltd.

Addition on account of difference in arm’s length price (ALP) of international transaction - CIT(A) deleted the addition - Held that:- CIT(Appeals) has rightly followed the decision of Mumbai Bench of the ITAT in the case of Dresses Rand India (Pvt.) Ltd. (2011 (9) TMI 261 - ITAT MUMBAI) holding that while evaluating the arm’s length price of a service, it is wholly irrelevant as to whether the assessee benefits from it or not; the real question which is to be determined in such cases is whether.....


169

2015 (8) TMI 1081 - ITAT BANGALORE - Income Tax

M/s. Karnataka Municipal Data Society (R) , Versus The Income Tax Officer, Ward 9 (2) , Bangalore.

Registration under Section 12A - diversion of income by overriding title - CIT(A) dis-allowed claim - Held that:- There were no restrictions whatsoever on the use of the grant by the assessee. It cannot therefore be said that there was diversion of income by overriding title. Whatever the assessee does out of the grant and the interest accrued on the grant can only be said to be application of income and it cannot be said that there was diversion of income by overriding title. Taking note of the.....


170

2015 (8) TMI 1080 - ITAT DELHI - Income Tax

ACIT Versus Rakesh Narang

Addition u/s 69B on the basis of the report of the Departmental Valuation Officer (DVO) - CIT(A) deleted addition - Held that:- Section 69B, which is again a deeming provision, governs the cases in which investment made by the assessee is not fully disclosed. In other words, section 69B applies to the purchaser of an asset, in contradistinction to sec. 50C, which applies to the seller of an asset.

A conjoint reading of sections 50C and 56(2)(vii) makes it vivid that whereas ‘stamp va.....


171

2015 (8) TMI 1079 - ITAT HYDERABAD - Income Tax

Income Tax Officer And Others Versus M/s. Pioneer Roadways And Others

Disallowance u/s.40(a)(ia)- payment towards commission on which the assessee failed to comply with the provisions of Sec.194H - CIT(A) deleted disallowance - Held that:- As can be seen from the facts on record, the assessee has executed the work as a sub-contractor to the main contractor M/s.G.Venkata Reddy and Co., who was awarded the work by the principal.

Main contractor has handed over the work to the assessee on back to back basis and payments towards execution of work was rece.....


172

2015 (8) TMI 1078 - ITAT AHMEDABAD - Income Tax

Deputy Commissioner of Income Tax, Central Circle-1, Surat Versus M/s Western Construction Co (Guj) Pvt Ltd

Addition on account of deemed dividend u/s 2(22)(e) - assessment framed u/s. 143(3) r.w.s. 153A - CIT(A) deleted addition - Held that:- It is an undisputed fact that Smt. Maya Dokania holds 18.33% of share holding in Newton Construction Pvt. Ltd. and 42.12% share holding in Assessee company. Assessee is not a share holder in Newton Construction Pvt. Ltd. from whom it has received amount. We find that the Hon'ble Special Bench in the case of ACIT vs. Bhaumik Color Pvt. Ltd. (2008 (11) TMI 273 - I.....


173

2015 (8) TMI 1077 - ITAT DELHI - Income Tax

DCIT Circle-10 (1) , New Delhi Versus DBH International Pvt Ltd

Disallowance u/s 14A r.w.r. 8D - CIT(A) deleted disallowance - Held that:- AO without recording his satisfaction that the claim of expenditure in relation to tax free income has not been correctly made by the assessee as envisaged under section 14A(2) has invoked Rule 8D.While rejecting the claim of the assessee with regard to the expenditure or no expenditure, as the case may be, in relation to exempt income, the AO would have to indicate cogent reasons for the same. It is, therefore, clear tha.....


174

2015 (8) TMI 1076 - ITAT JAIPUR - Income Tax

The ITO. Ward 5 (1) , Jaipur Versus M/s. SK. Agarwal HUF Prop M/s. SS. Marketing

Addition U/s 40A(3) - book entries in respect of incentives. AO was of the view that they amounted to cash payments CIT(A) deleted the addition - Held that:- Merely because some book entries are routed through the assessee’s cash book the learned Assessing Officer cannot ignore the real nature of the transactions and arbitrarily hold them as cash payments. They are neither cash payments nor claimed as expenditure by the assessee to be held as violation of Section 40A(3) of the Act. See Attar Si.....


175

2015 (8) TMI 1075 - ALLAHABAD HIGH COURT - Central Excise

The Commissioner Central Excise Versus M/s. Magnum Ventures Ltd.

Challenge to stay order - Held that:- provisions of Section 35-C(2A) have been held to be mandatory by this Court and, therefore, in any case the Tribunal can grant an interim order which can travel beyond 365 days which is the maximum limit fixed under Section 35-C(2A) of the Central Excise Act, 1944 - interim order granted by the Tribunal shall not contine beyond 365 days from the date it has been passed. We further clarify that, having regard to the interest of revenue, the Tribunal may make .....


176

2015 (8) TMI 1074 - GUJARAT HIGH COURT - Service Tax

MESSRS RONAK SHIPPING AND 1 Versus UNION OF INDIA & 3

Condonation of delay - delay in appeal before the Commissioner (appeals) - whether the case would fall under any of the clarifications made in Answer no.3 by larger bench in the case of Panoli Intermediate (India) Pvt. Ltd. [2015 (7) TMI 303 - GUJARAT HIGH COURT] wherein court has held that in specified circumstances, only, the delay can be condoned - Levy of penalty u/s 78 - Held that:- Unless M/s.Dosti Fabricators was raided and relevant documents were found out by the respondent, there would.....


177

2015 (8) TMI 1073 - CESTAT AHMEDABAD - Service Tax

Commissioner, Central Excise & Service Tax, Ahmedabad-II Versus M/s Cadila Healthcare Ltd.

Denial of CENVAT Credit - Courier service and CHA service - Rule 2 (l) of CENVAT Credit Rules 2004 - Held that:- Service tax paid by the service provider under some different services (i.e. other than CHA), cannot be considered to be paid under CHA service. It is stated that the service provider wrongly paid the Service Tax under CHA, which would be covered under the category of taxable services as Business Auxiliary Service. We are unable to accept the contention of the Revenue for the reason .....


178

2015 (8) TMI 1072 - CESTAT BANGALORE - Service Tax

VRK & Company Versus Commissioner of Central Excise, Customs And Service Tax, Visakhapatnam-I

Waiver of pre deposit - Service tax paid by principal-contractor - Double taxation - Held that:- in catena of judgments, the Tribunal has taken a view that where the principal contractor has deposited the entire service tax, the demand against the sub-contractor would not be sustainable. In view of the above, we grant dispensation from the pre-deposit of tax, interest and penalty and allow the stay petition unconditionally. - Stay granted.


179

2015 (8) TMI 1071 - CESTAT BANGALORE - Service Tax

Island Aviation Services Ltd. Versus Commissioner of Central Excise, Customs And Service Tax, Trivandrum

Air transportation services - Issue of round trip tickets - Held that:- Such activity would not call for confirmation of any service tax inasmuch as, air journey has originated from Maldives and not in India. By taking the decision in assessee's subsequent case into consideration, we are of the view that when the officer of the Revenue himself has dropped the proceedings in a subsequent case, the appellant should not be directed to deposit any amount. - Stay granted.


180

2015 (8) TMI 1070 - CESTAT BANGALORE - Service Tax

The Csita's Karnataka Inter Diocesan Versus Commissioner of Service Tax, Bangalore

Waiver of pre deposit - Renting of immovable property - Held that:- on the very same issue the CSITA had approached the Hon'ble High Court and Hon'ble High Court of Karnataka had taken the view that proceedings should not have been initiated in this case. In view of the decision of the Hon'ble High Court, we consider that in this case also the requirement of pre-deposit has to be waived and stay against recovery has to be granted - Stay granted.


181

2015 (8) TMI 1069 - CESTAT KOLKATA - Customs

S. KRISHNA & CO. Versus COMMR. OF C.E., CUS. & S.T., BOLPUR

Classification of Dry (Betel) nuts under CTH 08129090 or CTH 08028020 – Mis-declaration of Goods – Imposition of redemption fine, duty and penalty – Appellant filed Bill of Entry claiming classification of Dry (Betel) nuts under ITC HS Code 08129090 however as goods were dry betel nuts in split condition, department sought to classify under tariff sub-heading 08028020 – Commissioner vide impugned order confirmed differential duty, redemption fine and penalty – Held that:- product was declared a.....


182

2015 (8) TMI 1068 - CESTAT MUMBAI - Service Tax

M/s Affinity Express India Pvt Ltd Versus Commr. of Central Excise, Pune-I

Denial of refund claim - Unutilized CENVAT Credit - Export of service - Embroidery Software development - rejection of refund claim that classification of the output services are not as per the ST-3 - Held that:- at the stage of claiming credit, the same was not disputed on account of use of these input services in provision of Embroidery Software Service. Once credit is not objected at availment stage, it is not permissible for the Revenue to challenge the same at the stage of processing refund.....


183

2015 (8) TMI 1067 - SUPREME COURT - Customs

Commissioner of Customs, Icd Versus M/s. Polyglass Acrylic Mfg. Co. Pvt. Ltd.

Valuation of imported goods – Respondent filed Bills of Entry in respect of imported goods declaring value at US$ 305 PMT – Department was not happy with aforesaid valuation and thus issued show cause notice stating that value should be US$ 450 PMT – This demand under show cause notice was confirmed, against which respondent filed appeal which has been allowed – Held that:- appellant could not place any material to rebut observations of Tribunal in impugned order reported in [2011 (11) TMI 620 -.....


184

2015 (8) TMI 1066 - CESTAT CHENNAI - Central Excise

CCE, Chennai Versus M/s. BOC (India) Ltd.

Valuation of goods - Rental charges - Held that:- Tribunal has set aside the impugned order and remanded three appeals arising out of four OIAs all dated 30.01.2004. - Tribunal order dated 20.02.2007 and also considering the Civil Appeal filed by the Revenue against Kolkata Tribunal Bench Order dated 20.01.2004 is admitted by the Apex Court still pending the present appeals whichever left out needs to be remanded to the LAA as all these appeals are arising out of common OIA. Accordingly, we set .....


185

2015 (8) TMI 1065 - CESTAT BANGALORE - Customs

VMB IMPEX Versus COMMISSIONER OF C. EX., CUS. & SERVICE TAX

Classification of glass beads (cone shape) – Appellants claimed classification of glass beads (cone shape) under chapter sub-heading No. 7018 10 20 of Customs Tariff – However, authorities classified same under chapter sub-heading No. 7018 10 90 which attracts higher rate of duty – Held that:- In case of Art Beads Pvt. Ltd. [2013 (9) TMI 463 - CESTAT MUMBAI] tribunal concluded that glass chatons without holes can be classified as glass beads only, after taking into account ISI specifications for.....


186

2015 (8) TMI 1064 - ITAT CHENNAI - Income Tax

M/s. Rajnarayan Textiles Ltd. Versus The Asst. Commissioner of Income Tax, Company Circle – i (1) , Coimbatore

Aggregate expenditure incurred during the year on replacement of various items of textile machinery - capital or revenue expenditure - Held that:- On identical facts, the Co-ordinate Bench of this Tribunal in the case of The Kumaran Mills Ltd. v. ACIT [2015 (8) TMI 1063 - ITAT CHENNAI] held that replacement of draw frames are capital expenditure not allowable as deduction under sec.37 . Also see CIT v. Srif Mangayarkarasi Spinning Mills (P) Ltd. (2009 (7) TMI 17 - SUPREME COURT) - Decided against assessee.


187

2015 (8) TMI 1063 - ITAT CHENNAI - Income Tax

The Kumaran Mills Ltd. Versus The Assistant Commissioner of Income-tax, Central Circle-II, Coimbatore

Expenditure incurred for the purpose of replacement of Draw Frame - textile machinery - capital or revenue expenditure - Held that:- Replacement of Draw Frame is a capital expenditure not allowable as deduction under sec.37 - See CIT v. Ramaraju Surgical Cotton Mills Ltd. [2007 (8) TMI 39 - SUPREME COURT OF INDIA] and CIT v. Srif Mangayarkarasi Spinning Mills (P) Ltd. (2009 (7) TMI 17 - SUPREME COURT). Also see CIT, Madurai v. Madura Coats [2011 (12) TMI 293 - MADRAS HIGH COURT] - Decided against assessee.


188

2015 (8) TMI 1062 - SUPREME COURT - Central Excise

Commnr. of Central Excise, Delhi-II Versus M/s. Bass Electronics Industries & Anr.

SSI Exemption - on search goods with the Brand name of others found - whether assessee is manufacturing the goods under the brand name of others - Exemption under Notification No.13/92 CE dated 14.05.1992 - tribunal had concluded that, there was no tangible evidence on record to prove the manufacture of the aforesaid branded goods by the respondents in their factory premises. It is pointed out that the goods which were recovered and seized from the two premises, belonging to the respondents, wer.....


189

2015 (8) TMI 1061 - BOMBAY HIGH COURT - VAT and Sales Tax

M/s. Kothari Industries Versus The State of Maharashtra

Calculation of Cumulative Quantum of Benefits – Assessing Officer worked out Cumulative Quantum of Benefits as per Rule 31AA of Bombay Sales Tax Rules,1959 – Assessment order resulted in refund – Applicant being not satisfied with working of cumulative quantum of benefits preferred appeal which was dismissed – Held that:- Appellate Authority found that there is no documentary evidence to support argument that calculation is erroneous and incorrect – Bare perusal of Rule 31AA would denote as to h.....


190

2015 (8) TMI 1060 - BOMBAY HIGH COURT - VAT and Sales Tax

The Addl. Commissioner of Sales Tax, Vat-II, Mumbai Versus M/s Agarwal Containers Pvt. Ltd.

Validity of Revisional notice issued by the Commissioner – Barred by Limitation – Doctrine of merger - Original Assessment order was passed as on 12.1.2006 - Addl. Commissioner passed the revision order passed on 28.8.2006 – period of 3 years to be computed from the date of order order or first revision order - Revenue contended that revision was not barred by limitation as assessment order and revision order was merged by applying principle of merger.

Held that:- As per section 57, C.....


191

2015 (8) TMI 1059 - KERALA HIGH COURT - VAT and Sales Tax

Sales Tax Officer and others Versus K.J. Augustine

Revenue Recovery Proceeding – Applicability of Section 22(4) of Kerala GST Act, 1963 – Revenue recovery proceedings were initiated against respondent for recovery of amount towards sales tax dues of society for assessment years 1981-82 to 1991-92 – Respondent challenged recovery proceedings and by impugned judgment, single Judge allowed petition – Held that:- Admittedly, section 22(4) was incorporated in statute only with effect from April 1, 1999 which is long after relevant assessment years an.....


192

2015 (8) TMI 1058 - RAJASTHAN HIGH COURT - VAT and Sales Tax

Flying Squad, Bharatpur Versus Mohan Lal & Company

Failure to furnish Declaration form ST 18A – Levy of penalty – Vehicle carrying goods was checked and it was found that other documents were there but declaration form ST 18A was not found, and therefore, there was contravention of section 78(2) of Rajasthan Sales Tax Act, 1994 – Assessing authority after issuing show-cause notice levied penalty against which respondent-assessee had filed appeal, which was allowed – Held that:- not disputed that when vehicle was checked, person-in charge of go.....


193

2015 (8) TMI 1057 - ALLAHABAD HIGH COURT - Central Excise

Commissioner of Customs And Central Excise Versus M/s. Matsushita Television And Audio India Ltd.

CENVAT Credit - duty paying document - photo copy of the original invoice/triplicate copy of bill of entry - Whether on the facts and circumstances, the modvat credit can be taken on the basis of the photo-stat copy of BOE - Held that:- there is no allegation in the show cause notice that the goods in question were not received under the cover of the relevant documents and that the goods were duty paid. The Assistant Commissioner Central Excise Division-III, NOIDA has also not disputed the duty .....


194

2015 (8) TMI 1056 - ALLAHABAD HIGH COURT - Central Excise

Commissioner of Central Excise, Meerut Versus M/s Vodafone Essar South Ltd.

Power of tribubal to extend the stay beyond the period of 365 days - whether the Tribunal is vested with the power to extend the stay order beyond the specified maximum time limit prescribed in Section 35-C(2-A) of the Central Excise Act - Held that:- if the Tribunal would not dispose of the appeal within 365 days under the first, second and third proviso of Section 35C (2A) of the Act which was not attributable to the assessee, it would not mean that the Tribunal was divested with its incidenta.....


195

2015 (8) TMI 1055 - ALLAHABAD HIGH COURT - Central Excise

M/s Bharat Heavy Electricals Ltd. Versus Commissioner C & C Excise, Kanpur

Demand of interest on differential duty - Whether the appellant is liable to pay interest on differential duty even though the differential duty, if any, was paid, prior to the date of the passing of the final assessment order - Held that:- The provision of law comprised there-under nowhere specifies such Rules shall restrict the levy of interest for the period consequent to the finalisation of the assessment, rather it specifies that the Rules may provide for interest on the differential amount.....


196

2015 (8) TMI 1054 - BOMBAY HIGH COURT - Central Excise

UTTAM GALVA STEELS LTD. Versus COMMISSIONER OF C. EX. & CUS., MUMBAI-VII

Disallowance of CENVAT Credit - Inclusion of storage tanks/vessels within the scope of capital goods - effect of notification dated 1.3.2001 - prospective or retrospective - Held that:- it is not possible to agree with Mr. Murthy that the amendments or changes brought about after 1st March, 2001 are only clarificatory in nature. If the period of dispute is 1997-98 and at that time the capital goods of the appellant were not mentioned with the heading numbers in the Table column (2), then, it i.....


197

2015 (8) TMI 1053 - SUPREME COURT - Central Excise

Commissioner of Central Excise Bangalore Versus M/s. Pragathi Concrete Products (P) Ltd.

Demand of tax - misstatement and suppression of facts - Invocation of extended period of limitation - Held that:- demand for the aforesaid period was time barred as the Department had not taken any action for more than five years - Unit of the respondent was audited during this period several times and there were physical inspections by the Department as well. Therefore, there could not be any case of suppression. - Decided against Revenue.


198

2015 (8) TMI 1052 - SUPREME COURT - Central Excise

M/s. Lord Chloro Alkali Ltd. Versus Commissioner of Central Excise & Anr.

Denial of refund claim - Reversal of Cenvat Credit - Duty paid under protest - Caustic Soda is manufactured by electrolytic method wherein mercury is used as cathode which after the use is procured and cleared - Held that:- mercury was cleared by the appellant herein as mercury only. Thus, on this basis, it is clear that the provisions of Rule 3(4) of the CENVAT Credit Rules, 2001, become applicable and duty would be paid. - No merit in appeal - Decided against assessee.


199

2015 (8) TMI 1051 - SUPREME COURT - Central Excise

COMMISSIONER OF CENTRAL EXCISE Versus SANGHI THREADS

Benefit of SSI exemption - Use of brand name of others - Notification No. 16/97-C.E., dated 1-4-1997, 8/98-C.E., dated 2-6-1998 and 8/99, dated 28-2-1999, from 1-4-1999 - Respondent is using symbol/monogram on packing material in which finished products are packed - Held that:- Revenue, has submitted that the case of the Revenue is that in order to avail the benefit of the aforesaid Notification and to claim the SSI exemption, the Sanghi Group of Companies floated the respondent-company and allo.....


200

2015 (8) TMI 1050 - SUPREME COURT - Central Excise

BATA INDIA LTD. Versus COMMISSIONER OF C. EX., BANGALORE

Denial of exemption claim - Exemption under Notification dated 23-7-1996 - Imposition of penalty - Held that:- Goods in question sold by the appellant on retail price, namely, the foot wear, was at less than ₹ 75/- per pair. However, we find that the said Notification also imposed a specific condition to the effect that the goods are to be consumed within the factory for their production. In the instant case the goods were sent to the other factories for production. Therefore that conditio.....


201

2015 (8) TMI 1049 - SUPREME COURT - Central Excise

COMMISSIONER OF CENTRAL EXCISE, JAIPUR Versus ALWAR LAMPS PVT. LTD.

Valuation of auto bulbs - MRP based value u/s 4A or transaction value u/s 4 - the bulbs sold by the respondent are sold to the industrial units at a retail price less than ₹ 20 per bulb, the CESTAT has concluded that the goods would fall under Entry 8539.10. It is not in dispute that the bulbs are sold in the packaged form. - However, retail sale price (RSP) was not mentioned - Held that:- there was no necessity to mention this retail price on the bulbs sold in the packaged form in view of.....


202

2015 (8) TMI 1048 - SUPREME COURT - Customs

M/s. Pioneer Embroideries Ltd. Versus Commnr. of Customs, Mumbai

Benefit of Concessional rate of duty – Serial No. 89 of List 10 of Notification No. 11/97-Cus - Assesse had purchased 12 sets of second hand embroidery machines and 12 Jacquard Control Device Reading System – Appellant wanted to take benefit of concessional rate of duty in terms of Serial No. 89 of List 10 of Notification No. 11/97-Cus which mentions "Computerised embroidery machine" – Tribunal affirmed view of Commissioner denying benefit of notification – Held that:- Tribunal held that old mec.....


203

2015 (8) TMI 1047 - SUPREME COURT - Customs

Commissioner of Customs, New Delhi Versus M/s Texcomash Export

Issuance of show cause notice – Re-opening of assessment order – Appellant issued show cause notice in which certain frauds were alleged against respondent and on that basis previous order of assessment was reopened – Tribunal vide impugned order allowed appeal against said reopening of assessment order on ground that Commissioner could not have issued show cause notice as prior order of Commissioner had merged into order passed by revisionary authority and principles of res judicata applied. <.....


204

2015 (8) TMI 1046 - SUPREME COURT - Customs

Commissioner of Customs, Chennai Versus Office Tec Industries

Mis-declaration of Goods - Imposition of Fine and penalty - Tribunal vide impugned order reported in [2004 (7) TMI 147 - CESTAT, NEW DELHI] held that amounts of fine and penalty imposed for mis-declaration of goods, was not justified - Supreme court, from reading of impugned order that Tribunal has based its decision on opinion which was rendered by experts, that too, at instance of Revenue - In such circumstances, it is found that Tribunal has not committed any error - Appeals accordingly dismissed.


205

2015 (8) TMI 1045 - SUPREME COURT - Customs

Praveen Dumar Saraogi Versus Commissioner

Smuggling of goods - Quashing of criminal proceedings - Vide impugned order of high court reported in [2014 (2) TMI 643 - ALLAHABAD HIGH COURT] court set aside order by which non-bailable warrant was issued against applicant but refused to quash proceeding and directed appellant to appear before magistrate - Supreme court not inclined to interfere with impugned order passed by High Court under Section 482, Cr.P.C. refusing to quash criminal proceedings against petitioner on basis of complaint un.....


206

2015 (8) TMI 1044 - DELHI HIGH COURT - Customs

UNION OF INDIA Versus CHL LIMITED

Claim over property – Right over attachment – Customs Department alleged evasion of Duty and initiated proceedings against Respondent-2 – Apparently, respondent defaulted upon its contractual liabilities with banks which led to sale of respondent-2 assets – Meanwhile Customs Department had issued attachment notice – Vide impugned order, as attachment notice was never served either on auction purchaser or borrower therefore, it was not possible to sustain that liability fastened on auction purcha.....


207

2015 (8) TMI 1043 - DELHI HIGH COURT - Customs

ASST. COMMISSIONER OF CUSTOMS Versus ELLIS EDWARD JOSEPH

Appeal against Acquittal – Evidence on record – Respondent was intercepted at departure hall and cannabis weighing 53.5 Kgs were recovered from him – Trial Court on analysis of evidence acquitted Respondent under Sections 21(c), 23 and 28 of NDPS Act – Whether grounds on which respondent was acquitted were justified – Held that:- Petitioner was unable to explain how address of panch witness was not traceable, raising serious doubts on whether recovery and seizure took place in presence of said .....


208

2015 (8) TMI 1042 - KARNATAKA HIGH COURT - Income Tax

The Commissioner of Income Tax, The Deputy Commissioner of Income Tax (TDS) Versus The Executive Engineer O And M Division, (Gescom) , Hospet

Payment made against the supply of materials included in composite contracts for executing Turn Key Projects - whether provisions under Section 194C would attract or not? - Held that:- Section 194C of the Act cannot be pressed into service to deduct tax at source. The whole object of introduction of that Section is to deduct tax in respect of payments made for works contract. No division is, therefore, permissible in respect of a contract for supply of materials for carrying out the work. It is .....


209

2015 (8) TMI 1041 - ITAT AHMEDABAD - Income Tax

ACIT, Central Circle 1 (4) , Ahmedabad Versus Shri Manibhai Virchandbhai Patel and Vica-Versa

Expenditure towards interest disallowed - assessee failed to establish the nexus between interest paid and income earned - FAA deleted part addition - Held that:- All the details were before the ld. Commissioner of Income Tax (Appeals) but instead of pin pointing any concrete diversion of interest bearing funds; ld. Commissioner of Income Tax (Appeals) only assumed that some funds might have been used by the assessee for some other purposes. The department has been consistently accepting the cl.....


210

2015 (8) TMI 1040 - ITAT MUMBAI - Income Tax

ITO (TDS) -2 (4) , Mumbai Versus National Health & Education Society and Vica- Versus

TDS liability - time limit for making assessment u/s 201(1) - assessee “deemed to be in default” - Held that:- We have also perused the facts of the present case as well as the orders of ITAT in case of the appellant for AY. S.2006-07 to 2010-11 and we are satisfied that issues covered in those appeals are identical to the facts and issues of the present appeals wherein find that the FAA has not given any direct finding. He had given direction to the AO to find out the details of filing of quart.....


211

2015 (8) TMI 1039 - ITAT HYDERABAD - Income Tax

Sri Chava Srinivasa Rao Versus Income Tax Officer, Ward 2, Kothagudem

Revision u/s 263 by CIT(A) - earning of agricultural income from sale of bamboo sticks and and contribution to chits - Held that:- AO has not only conducted inquiry on the agricultural income as well as contribution to chits, but has also applied his mind to the information submitted by assessee. In these circumstances, assessment order cannot held to be erroneous and prejudicial to the interests of the Revenue, only because the CIT was of the opinion that some more inquiries should have been ma.....


212

2015 (8) TMI 1038 - ITAT BANGALORE - Income Tax

The Assistant Commissioner of Income Tax Versus M/s. Gumbi Software Pvt Ltd

Eligibility for claim of deduction u/s 10A on netting off exports receipts against import payments - Held that:- The export proceeds of ₹ 6,00,000 US $ should have been realized by the assessee before 29.3.2011 within one year from the date of export. The same was realized by the assessee on 18.3.2011, since the assessee imported from Evergreen Technology Ltd. goods to the value of ₹ 9,94,500 US $. In other words, within the period of one year from the date of export, the assessee is.....


213

2015 (8) TMI 1037 - ITAT CHENNAI - Income Tax

M/s Inautix Technologies India Pvt Ltd And Others Versus The Assistant Commissioner of Income Tax And Others

Disallowance u/s.14A - assessee submitted that no disallowance is warranted since the interest free funds available with the assessee in the form of share capital, reserve and surplus, and the same were used for the purpose of investment in assets, the income from which shall not or does not form part of the total income - Held that:- Admittedly, in this case the assessee is having enough interest free funds in the form of share capital and reserve and surplus. The amount of investment made by .....


214

2015 (8) TMI 1036 - ITAT PUNE - Income Tax

M/s. Pearl Plastic Products Versus Income Tax Officer, Ward-5 (4) , Pune

Reopening of assessment under section 147 - disallowance of deduction under section 80-IA - Held that:- A perusal of reasons for reopening reproduced hereinabove show that nowhere it is alleged by the Revenue, that the assessment proceedings are initiated as the assessee has failed to disclose fully and truly all material facts necessary for its assessment. The two preconditions laid down by the Hon'ble Delhi High Court in the case of CIT vs. Kelvinator of India Ltd. (2002 (4) TMI 37 - DELHI Hig.....


215

2015 (8) TMI 1035 - ITAT DELHI - Income Tax

DCIT, Circle 12 (1) , New Delhi. Versus High Polymer Labs Ltd

Transfer pricing adjustment on account of international transactions - CIT(A) deleted the addition - Held that:- Both the assessee as well as the TPO/CIT(A) have adopted incorrect approach in determining the ALP under the CUP method.

Whether the price of ADC-L-5 charged by the assessee from its AE was different because of different formulations/specifications given by the Italy party? - Held that:- When the mandate of Rule 10B is vivid which provides for, firstly, bringing the produc.....


216

2015 (8) TMI 1034 - ITAT HYDERABAD - Income Tax

The Asst. Commissioner of Income Tax, Circle-7 (1) , HYDERABAD Versus M/s. Metrocity Criminal Courts Employees Mutually Aided Cooperative Credit Society Ltd.,

Disallowance made under section 80P(4) - non applicability to a co-operative bank other than a Primary Co-operative Agricultural and Rural Development Bank or Primary Agricultural Society - CIT(A) delted the disallowance - Held that:- No reason to interfere with the order of the learned Commissioner of Income-tax (Appeals). Obviously, the assessee is a co-operative society engaged in the business of providing credit facilities to its members. There is no dispute with reference to the transaction.....


217

2015 (8) TMI 1033 - ITAT PUNE - Income Tax

Asstt. Commissioner of Income Tax, Circle – 1, Nashik Versus Haldex India Limited

Penalty u/s. 271(1)(c) - Disallowance made u/s. 40(a)(ia) - CIT(A) deleted penalty - Held that:- The Hon'ble Supreme Court of India in the case of GE India Technology Centre P. Ltd. Vs. CIT (2010 (9) TMI 7 - SUPREME COURT OF INDIA) has held that if the remittances are not assessable to tax under the provisions of Act, there is no question of deducting tax at source. The services were admittedly rendered outside India by the foreign entities. The said foreign entities were having no PE in India. .....


218

2015 (8) TMI 1032 - ITAT DELHI - Income Tax

Complete News & Entertainment Broadcasting Pvt. Ltd. Versus ACIT, Central Circle-4, New Delhi

Bogus capital share introduction - accommodation entries - CIT(A) proceeded to partly accept some of the claims of the assessee and partly rejected and also restored the issue back to the file of the AO for verification on facts.Held that:- As far as the statutory mandate is concerned, section 250(6) of the Income Tax Act which sets out the procedure which the CIT(A) in appeal is required to follow it is seen that the statute does not permit the Ld. CIT(A) to remand the issue to the AO. The stat.....


219

2015 (8) TMI 1031 - ITAT CHENNAI - Income Tax

M/s. Beach Minerals Company Pvt Ltd. Versus The Assistant Commissioner of Income Tax, Company Circle I (2) , Chennai

Disallowance of expenses claimed under head Mining & Production/Processing - Held that:- As nothing was produced by the Ld. A.R to substantiate the claim of these expenses, therefore we have no other option but to confirm the addition. Accordingly, we hereby confirm the disallowance of expenditures made by the Ld. Assessing Officer towards mining and production/processing - Decided against assessee.

Disallowance of the proportionate interest due to interest free loan advanced to siste.....


220

2015 (8) TMI 1030 - ITAT HYDERABAD - Income Tax

K. Saritha Mahi Versus Asst. Commissioner of Income-tax, Central Circle – 1, Hyderabad.

Assessment of lease rental income - whether there is no scope for assessee to revise the lease rental income in a return filed u/s 153A - Held that:- Section 153A empowers the AO to even reassess a particular income without the strict conditions attached u/s 147. Considered in the aforesaid context, it is to be held that proceeding initiated u/s 153A of the Act is for the benefit of the department, hence, assessee cannot take advantage of such proceeding. Applying the aforesaid principle to the .....


221

2015 (8) TMI 1029 - ITAT CHENNAI - Income Tax

Assistant Commissioner of Income Tax, Circle-II, Trichy. Versus M/s. Amarvathy Textiles

Non-deduction of TDS for payment of product designing charges outside India for services rendered outside India - Held that:- The services rendered by the non-resident agent can at best be called as a service for completion of the export commitment and would not fall within the definition of “fees for technical services”, we are the firm view that Section 9 of the Act is not applicable to the case on hand and consequently, Section 195 of the Act does not come into play. In view of the above find.....


222

2015 (8) TMI 1028 - ITAT MUMBAI - Income Tax

Mrs. Sonali A. Shah Versus Income tax Officer-14 (3) (3) , Earnest House

Rate of gross profit(GP)in respect of textile business and iron & steel business - AO Rejected the books of account and adopted the G.P. rate @20% in respect of textile business and 10% in respect of Iron and Steel business - FAA reduced the GP to 15.20 % in case of textile business and @ 3% for iron and steel business - Held that:- Identical issue has been adjudicated by the Tribunal,while deciding the appeal for the AY.2007-08 [2013 (4) TMI 724 - ITAT MUMBAI]. Respectfully,following the order .....


223

2015 (8) TMI 1027 - ITAT MUMBAI - Income Tax

M/s. SICOM Limited Versus Dy. Commissioner of Income Tax, Circle–3 (3) , Mumbai

Disallowance under section 14A of the Act r/w Rule 8D - CIT(A) deleted the disallowance - Held that:- CIT(A) has mentioned in his order that during the year under consideration, the assessee has not invested its borrowed funds in respect of the shares which are held as investment. The learned CIT(A) has relied upon the judgment of the Hon'ble Jurisdictional High Court in CIT v/s Reliance Utilities and Power Ltd(2009 (1) TMI 4 - HIGH COURT BOMBAY ) wherein it was held that if there were funds ava.....


224

2015 (8) TMI 1026 - ITAT AHMEDABAD - Income Tax

Income Tax Officer, Ward-1 (1) , Ahmedabad Versus Adani Infrastructure Services Pvt. Ltd. And Vica-Versa

Disallowance u/s 14A(2) r.w.r. 8D(2)(ii) - CIT(A) delted addition - Held that:- As find that in the case of Morgan Stanley India Securities Ltd Vs ACIT (2014 (1) TMI 1412 - ITAT MUMBAI) a co-ordinate bench of this Tribunal has held that for the purpose of disallowance under section 14A what is to be taken into account is net amount debited in the profit and loss account and not the gross interest debited to the profit and loss account. Same was the view of another coordinate bench in the case of.....


225

2015 (8) TMI 1025 - ITAT CHENNAI - Income Tax

The Asstt. Commissioner of Income-Tax And Others Versus M/s. Hyundai Motor India Ltd. And Others

Non-deduction of TDS u/s 194C - DR pointed out that the assessee entered into job works with various companies for the purpose of purchasing the required spare parts for manufacturing passenger cars - Held that:- . Since the agreement does not clarify whether the goods purchased by the assessee is one of contract for sale or works contract, this Tribunal is of the considered opinion that the matter needs to be re-examined by the Assessing Officer. The CIT(A) has already observed after referring .....


226

2015 (8) TMI 1024 - ITAT CHENNAI - Income Tax

M/s. Tril Infopark Ltd. Versus Income Tax Officer (TDS)

Non deduction of TDS u/s 194-I - nature of lease agreement - AO found the assessee as assessee in default under Section 201(1) and levied penal interest under Section 201(1A) - period of limitation for issuing order u/s 201(3) - Held that:- The date of filing of the statement for all practical purposes has to be taken as 18th August, 2011. If the date of filing of statement is taken as 18.08.2011, then the impugned order is within the period of time limit as provided under Section 201(3) of th.....


227

2015 (8) TMI 1023 - ITAT PUNE - Income Tax

ITO, Ward-1, Ahmednagar Versus Shri Chandak Krishnagopal Motilal

Penalty u/s.140A(3) r.w.s. 221 - assessee failed to pay self-assessment tax - CIT(A) deleted the addition admitting additional evidences - Held that:- In the instant case it is an undisputed fact that the assessee did not appear before the Assessing Officer despite repeated opportunities given by him. This act of assessee by ignoring the Assessing Officer is highly deplorable. However, considering the mishaps in the family caused due to the death of his parents within a very short span and the s.....


228

2015 (8) TMI 1022 - ITAT MUMBAI - Income Tax

Prakash Engineers Versus Jt. Commissioner of Income Tax -

Addition of Labour charges paid by way of cheques - CIT(A) restricted addition to 10% of the expenses - Held that:- The assessee itself has offered a sum of ₹ 2.00 crores to cover up deficiencies in respect of both cash and cheque payments. Hence the AO was not right in presuming that the above said offer would cover only cash payments. We have already noticed that the Ld CIT(A) also did not agree with the view taken by the AO that the entire cash expenses, which are not supported by prima.....


229

2015 (8) TMI 1021 - ITAT BANGALORE - Income Tax

Mrs. Shalini Aravind Versus. The Assistant Commissioner of Income Tax, Bangalore.

Relinquishment of the share of assessee in the property comprising of land in favour of sisters who is co-owner - whether was a transfer within the meaning of section 2(47) and capital gain accruing on such transfer was exigible to capital gains tax u/s. 45 ? - Held that:- The assessee transferred her share of right title and interest over the property in favour of other co-owners of the property. This was clearly a transfer. If the assessee had sold her share of property to third party, it woul.....


230

2015 (8) TMI 1020 - ITAT DELHI - Income Tax

ACIT, Central Circle-I, Faridabad Versus Amit Kumar And M/s Liberty Health Care (P) Ltd., H. No. 4374, Sector-23A, Gurgaon

Validity of assessment framed u/s 153A/153C r.w.s. 144 - non affording reasonable opportunity to the appellant - Held that:- In the present case it is an admitted fact that the assessee was in the Police custody and the notice was sent to him through the Superintendent, Central Jail, Ambala. The assessee requested for adjournment for the reason that he was unable to represent the proceedings because he was in the Police custody and was unable to come out. It is also noticed that the AO framed th.....


231

2015 (8) TMI 1019 - ITAT MUMBAI - Income Tax

Shri Khemchand Fagwani Versus The ITO 4 (1) (3) , Mumbai

Disallowance of exemption u/s. 54 - assessee did not produce any purchase agreement with regard to investment in the residential flat at Thane - Held that:- Section 54 of the Act speaks about investment of capital gains arising from transfer of a long term capital asset within a specified time. As per s/s. 2 to Sec.54 if such proceeds / capital gains, if not invested /utilized for purchase of new asset, within specific time then such proceeds will have to be deposited in a specified bank account.....


232

2015 (8) TMI 1018 - BOMBAY HIGH COURT - Income Tax

Director of Income Tax (IT) Versus M/s. Safmarine Containers Lines N.V

Income from inland transportation of cargo within India - whether was covered under Article 8(2)(b)(ii) and 8(2)(c) of the tax treaty between India and Belgium and therefore not liable for tax in India? - Held that:- The issue arising in these appeals stand covered in favour of the respondent-assessee and against the revenue by the decision of this court rendered in the matter of Director of Income Tax v. Balaji Shipping UK Ltd. [2012 (8) TMI 681 - BOMBAY HIGH COURT] wherein held that income fro.....


233

2015 (8) TMI 1017 - ITAT AHMEDABAD - Income Tax

ITO, Ward 2 (1) , Versus M/s. Desai Developer,

Eligibility of deduction u/s 80IB(10) - profit derived from sale of unutilized FSI - whether not being the element of profits derived from the business activity of development and construction of the housing project - CIT(A) allowed deduction - Held that:- As decided in assessee's own case for A.Y:2007-08 [2010 (8) TMI 928 - ITAT AHMEDABAD] concluded that the respective assssees had dominant control over the projects and developed the land at their own risk and costs and therefore, were eligible.....


234

2015 (8) TMI 1016 - JHARKHAND HIGH COURT - Service Tax

M/s B.R. SINGH & Co. Versus The Commissioner, Central Excise and Service Tax and Superintendent, Central Excise, Tube Range, Jamshedpur,

Condonation of delay - Inordinate delay of 536 days - Delay due to ill health of advocate - Held that:- the reasons stated by this petitioner for the delay, it appears that there were reasonable grounds for condonation of delay, which were not appreciated by the CESTAT, Kolkata and the Appeal [2015 (8) TMI 1015 - CESTAT KOLKATA] preferred under Section 35 B (3) of the Central Excise Act, 1944, was dismissed without going into its merit. But, Since a huge liability of Tax and penalty have been im.....


235

2015 (8) TMI 1015 - CESTAT KOLKATA - Service Tax

M/s. B.R. Singh & Co. Versus Commissioner of Central Excise & Service Tax, Jamshedpur

Condonation of delay - Inordinate delay of 536 days - Held that:- affidavit filed in support of the application that they have received all the documents from the Advocate as on 30.11.2012, whereas, in the undated letter of the Advocate Shri Nirmal Kr. Singh that the papers were handed over to the Applicant on 01.11.2011. Thus, there are contradictions in the claims of the Applicant. Besides, except the undated letter of the junior advocate to Mr.R.N.Sarkar, no other correspondences of the Advoc.....


236

2015 (8) TMI 1014 - SUPREME COURT - Central Excise

M/s. Purolator India Ltd. Versus Commissioner of Central Excise, Delhi – III

Valuation of goods - Section 4 - deduction towards Sales Tax, Cash Discount and Volume Discount on excise duty payable - Held that:- Section 4 as amended introduces the concept of “transaction value” so that on each removal of excisable goods, the “transaction value” of such goods becomes determinable. Whereas previously, the value of such excisable goods was the price at which such goods were ordinarily sold in the course of wholesale trade, post amendment each transaction is looked at by itsel.....


237

2015 (8) TMI 1013 - CESTAT MUMBAI - Service Tax

Commissioner of Central Excise, Nagpur Versus M/s. Yogesh Fabricators

Job Work activity - Manpower Supply Recruitment Agency Services - lumpsum contract of carrying out the job in the factory premises - Held that:- Grounds of appeal basically relies upon the license issued to the respondent-assessee by the office of the Licensing Officer, Government of Maharashtra, holding that Amitasha Enterprises Pvt. Ltd. is a principal employer. In our considered view, this may not change complexion of the services in any way as the entire records clearly indicate that the res.....


238

2015 (8) TMI 1012 - SUPREME COURT - Central Excise

Commissioner of Central Excise, Chennai-IV Versus Hindustan Lever Ltd.

Classification of Vaseline - Classification under Chapter Heading 3304.00 or under Chapter Heading 3003.10 - whether Vaseline Intensive Care Heel Guard is to be treated as merely a skin care preparation or it is a medicament having curing properties - Held that:- if a particular product is substantially for the care of skin and simply because it contains subsidiary pharmaceutical or antiseptic constituents or is having subsidiary curative or prophylactic value, it would not become medicament and.....


239

2015 (8) TMI 1011 - CESTAT ALLAHABAD - Service Tax

Zullu Security (India) Pvt. Ltd. Versus C.C.C. Ex. & S. Tax, Lucknow

Security services - appellant neither obtained registration, filed returns nor remitted service tax - Cum tax benefit - Held that:- The appellant failed to produce any material, either before the primary or the lower appellate authority in support of its plea of having received a lesser amount as consideration than what was billed. No material was also produced before the authorities below in support of its claim that ₹ 3,81,691/- was for rendition of construction service and not security.....


240

2015 (8) TMI 1010 - MADRAS HIGH COURT - Service Tax

M/s. Aircel Ltd. Versus The Commissioner of Central Excise, Customs & Service Tax, Customs, Excise and Service Tax Appellate Tribunal

Waiver of pre deposit - Denial of CENVAT Credit - input services and capital goods - Held that:- There appears to be a decision of the Andhrapradesh High Court in the case of Commissioner of Central Excise, Visakhapatnam-II Vs. Sai Sahmita Storages (P) Ltd. reported in [2011 (2) TMI 400 - ANDHRA PRADESH HIGH COURT]. In any event, on this arguable issue, the Tribunal, Ahmedabad Bench had earlier granted waiver of pre-deposit in the case of Navratna S.G.Highway Properties Pvt. Ltd. Vs. Commissione.....


241

2015 (8) TMI 1009 - MADRAS HIGH COURT - Service Tax

M/s Aircel Ltd. Versus The Commissioner of Central Excise, Customs & Service Tax, Customs, Excise And Service Tax Appellate Tribunal

Waiver of pre deposit - Financial hardship - Held that:- Except the demand raised in this matter, other facts in the present appeal and the one decided by this Court are one and the same and there is no dispute in this regard. The issues raised in this appeal are also no different from the one decided by this Court in [2015 (8) TMI 1010 - MADRAS HIGH COURT]. It is to be noted that the demand raised in this matter with regard to the cenvat credit on tower and shelter material is ₹ 10,39,78,.....


242

2015 (8) TMI 1008 - CALCUTTA HIGH COURT - Service Tax

COMMISSIONER OF SERVICE TAX, KOLKATA Versus M/s. KARMACHAND THAPER & ORS.

Demand of service tax - Invocation of extended period of limitation - Assessee preferred the appeal before supreme court - held that:- The assessee’s appeal against the order of the learned Tribunal, having been entertained by the Supreme Court, there can be no question of this Court entertaining the appeal of the Revenue. The grounds on which the Revenue intends to prefer the appeal, is not material. In our view the Revenue should also approach the Supreme Court and not this Court. - Decided against Revenue.


243

2015 (8) TMI 1007 - ALLAHABAD HIGH COURT - Service Tax

Commissioner Versus Daya Shankar Kailash Chand

Business Auxiliary Service - Sale of SIM cards - Held that:- No substantial question arises in the instant appeal, in view of the decisions in the case of Martend Food & Dehydrates Pvt. Ltd. vide [2014 (7) TMI 1016 - CESTAT NEW DELHI], wherein it was held that activity of purchase and sale of SIM Card belonging to BSNL where BSNL has discharged the Service Tax on the full value of the SIM cards does not amount to providing Business Auxiliary Service - Decided against Revenue.


244

2015 (8) TMI 1006 - CESTAT ALLAHABAD - Service Tax

M/s Pragati Auto Distributor Versus C.C.E., Kanpur

Business Auxiliary Services - Space provided to banks - Held that:- Facts regarding nature of services rendered by the appellant to the banks is not clear. No statement/contract entered between the appellant and the banks has been brought on record by the Department regarding the exact nature of services provided. - mere providing of table space will not give valuable inputs to identify as to what taxable service is rendered. There is no evidence on record in the present proceedings that commiss.....


245

2015 (8) TMI 1005 - DELHI HIGH COURT - VAT and Sales Tax

Challenger Computers. Ltd. And Others Versus Commissioner of Trade & Taxes, Delhi And Others

Reversal of Input Tax Credit on issuance of credit note – Tribunal-VAT vide impugned order held that appellants were required to reverse input tax credits claimed on purchases made by them, on account of credit notes issued by selling dealers, despite selling dealers having confirmed that they have not reduced their output tax liability – Whether it can be said that returns filed by appellants were false, misleading or deceptive, attracting penalty under DVAT act – Held that:- Appellants have be.....


246

2015 (8) TMI 1004 - PUNJAB & HARYANA HIGH COURT - VAT and Sales Tax

Haryana Vanaspati & General Mill Versus The State of Haryana And Another

Interest on refund of Tax demand – Interest to be granted from date of deposit or from the date of assessment order – Petitioner filed appeal before Appellate Authority claiming interest on refund of tax as demanded, appellate authority merely directed assessing authority to pay interest amount – Petitioner challenged order before Tribunal – Whether petitioner is entitled to interest from dates on which petitioner paid amounts to respondents as condition precedent to maintainability of appeal – .....


247

2015 (8) TMI 1003 - ALLAHABAD HIGH COURT - Central Excise

Commissioner of Customs & Central Excise, Meerut-I Versus M/s U.P. State Sugar Corporation Ltd.

Denial of CENVAT Credit - Whether Cenvat Credit is admissible on Welding Electrodes (falling under Chapter Heading No. 8311.00) as Capital goods used in the repair and maintenance notwithstanding the ruling of the Hon'ble Supreme Court - Held that:- The items which fall under certain chapters of Central Excise Tariff Act are specifiably mentioned in Rule 2(a)(A)(i) of Rules, 2004. Then comes pollution control equipment', moulds and dies, jigs and fixtures, refractories and refractory material, t.....


248

2015 (8) TMI 1002 - BOMBAY HIGH COURT - Central Excise

Ewac Alloys Limited (Earlier known as Eutectic Welding Alloys of India Private Limited) Versus The Commissioner of Central Excise, Mumbai-II

Waiver of pre deposit - Valuation - Related person - Mutuality of interest - Held that:- Prima facie, order that the Commissioner has not founded the order only upon the circumstance that 50% of the share holding in the Appellant is held by L & T Limited. The order of the Commissioner indicates that several other circumstances of a factual nature have been relied upon including among them the fact that L & T Limited bears the salaries and other expenses of officers and directors of the Appellant.....


249

2015 (8) TMI 1001 - SUPREME COURT - Central Excise

Commissioner Versus Sanghi Polyesters Limited

Classification of goods - Duty demand on waste filaments - Supreme Court dismissed the appeal due to nominal tax effect filed by the Revenue against the decision of Tribunal [2003 (1) TMI 467 - CEGAT, BANGALORE], wherein Tribunal held that since the waste has arisen before the raw material has been converted into filament, that waste does not partake of the qualities of filament. Therefore, it cannot be classified as filament or filament waste. That the waste has arisen in the process of manufac.....


250

2015 (8) TMI 1000 - SUPREME COURT - Central Excise

Commissioner Versus Kerala State Cashew Development Corporation Ltd.

Denial of exemption claim - exemption under Notification No. 1/93 - whether the appellant-company, a fully owned Government of Kerala Undertaking, satisfy the definition of as “belonging to or maintained by State Government”, in terms of the Explanation VIII of the Notification No. 1/93, dated 28-2-93 as amended - Supreme Court dismissed the appeal due to low tax effect. The appeal was filed by the Revenue against the decision of Tribunal [2003 (5) TMI 436 - CEGAT, BANGALORE]; wherein Tribunal h.....


251

2015 (8) TMI 999 - SUPREME COURT - VAT and Sales Tax

M/s. Modern Hotel Versus Commissioner of Excise & Others

Denial of refund claim - abkari business - Amount paid in addition to renewal fees of FL-3 License - Held that:- Appellant is not entitled to receive refund of ₹ 50 Lacs on account of subsequent deposit of required percentage of principal dues under the Amnesty Scheme of 2008. The amnesty earned in 2008 must be confined to the arrears of interest outstanding at the relevant time in 2008 and by that date the earlier deposits of ₹ 50 Lacs had already been appropriated towards interest......


252

2015 (8) TMI 998 - SUPREME COURT - Central Excise

KIRAN ISPAT UDYOG Versus COMMISSIONER OF CENTRAL EXCISE, RAJKOT

Invocation of extended period of limitation - SCN issued beyond the period of 6 months - Applicability of exemption Notification No. 208/83, dated 1-8-1983 - Non fulfillment of conditions of notifications - Held that:- It would be clear from the judicial journey that the issues involved in the present case remained entangled in judicial battle for quite some time and only in the year 2002, the hazy picture was clarified. In such a scenario, if the appellants took the decision that they were fulf.....


253

2015 (8) TMI 997 - SUPREME COURT - Customs

Parisons Agrotech (P) Ltd. & Another Versus Union of India & Others

Prohibition on import of Palm oil – Violation of Article 14 – Vide Notifications No. No.39 and 63 (RE-2007)/2004-2009 import of palm oil was prohibited through all ports of Kerala – Appellants challenging validity of these Notifications on ground that they were ultra vires provisions of Section 3 of Foreign Trade (Development and Regulation) Act, 1992 and unconstitutional as offending Article 14 of Constitution – Held that:- Since import price of crude palm oil has been much less than price of c.....


254

2015 (8) TMI 996 - BOMBAY HIGH COURT - Customs

PROVENANCE FOOD PVT. LTD. Versus UNION OF INDIA

Waiver of pre-deposit - Precondition to Appeal – Remission of duty on lost, destroyed and abandoned goods – Commissioner vide impugned order confirmed payment of duty demand and imposed penalty, also precondition to deposit sum for filing appeal was also imposed – Whether imposing such pre-condition was justified – Held that:- Reproduction of Commissioner’s findings show that there was no conclusion reached that assessee had violated any comprehensive policy or any provisions in Customs Manual –.....


255

2015 (8) TMI 995 - RAJASTHAN HIGH COURT - Customs

COMMISSIONER OF CUSTOMS, JAIPUR Versus SHRI RAM RAYONS

Retrospective Effect of Notification 28/2004 – Determination of Rate of Duty – Maintainability of appeal – Respondent imported capital goods/plant and paid duty at concessional rate under Notification No. 28/97-Cus., – However show-cause Notice for recovery of balance duty amount was issued on allegations that respondent failed to fulfill conditions of said Notification – Tribunal vide impugned order upheld order of commissioner holding that condition for demand had been amended by Notification .....


256

2015 (8) TMI 994 - SUPREME COURT - Customs

Modern Rubber Industries Versus Commissioner

Warehousing charges - High court vide impugned order [2002 (12) TMI 92 - HIGH COURT OF JUDICATURE AT BOMBAY] held that delay in clearance of goods cannot be attributed to Customs Department and petitioner cannot be absolved of their obligation to pay demurrage charges payable on goods imported by petitioner - After hearing counsel for parties Supreme court was of opinion that case of appellant was squarely covered by judgment of International Airports Authority v. Grand Slam International & Othe.....


257

2015 (8) TMI 993 - SECURITIES APPELLATE TRIBUNAL MUMBAI - Corporate Laws

PACL Ltd. and Others Versus Securities and Exchange Board of India,

Registration for operating CIS scheme – Winding up of scheme and refund on non-compliance – Whether SEBI was justified in holding that schemes floated by Applicant constitute Collective Investment Schemes under SEBI Act, 1992 and that Applicant and its promoters and directors, were liable to wind up said schemes – Held that:- By inserting Section 12(1B) to SEBI Act legislature has made it mandatory for any person to obtain certificate of registration for operating CIS – Thus, operating CIS witho.....


258

2015 (8) TMI 992 - ALLAHABAD HIGH COURT - Income Tax

Commissioner of Income Tax-II, Agra Versus Smt. Dimpal Yadav, Akhilesh Kumar Yadav, Etawah

Penalty under Section 271D - violation of provisions of Section 269SS - assessee filed her reply stating that since she did not had the requisite funds at that point of time and the funds were urgently required for conversion of the property, a loan was taken from the Samajwadi Party, which was deposited in her account and, subsequently, the loan was paid back to the Samajwadi Party - ITAT deleted penalty - Held that:- Even though the assessee had taken a loan in cash, nonetheless, the loan tran.....


259

2015 (8) TMI 991 - KARNATAKA HIGH COURT - Income Tax

THE COMMISSIONER OF INCOME TAX AND THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 2 (3) , BANGALORE Versus M/s HM EXPORTS GENEVA HOUSE

Income earned from export of exhibition rights of cinematographic films - whether would not constitute undisclosed income as per Section 158B(b) as the said amount has been declared in the regular return of income for the assessment year 1994-95 filed belatedly as held by ITAT - Held that:- In the present case, the disclosure by the assessee had been made to the Department by way of a disclosure under the Scheme (VDIS) of the respondent as well as by its communication dated 20.08.1998 and also t.....


260

2015 (8) TMI 990 - MADRAS HIGH COURT - Income Tax

Commissioner of Income Tax, Thiruchirapalli Versus R. Sethuraman

Sale of land - business income or capital gain - Tribunal held that the income from the sale of undivided share in land and sale of flats separately in different years cannot be subjected to computation of capital gains and said income is to be treated as business income - Held that:- The respondent is an individual. Unlike the companies incorporated under the Companies Act, 1956, whose articles of association contain the object clauses, an individual need not necessarily confine his activity to.....


261

2015 (8) TMI 989 - RAJASTHAN HIGH COURT - Income Tax

Commissioner of Income tax (TDS) , Jaipur & anr. Versus M/s. Radha Swami Communication

TDS liability - payments made to Channel Providers u/Sec. 194C OR u/Sec. 194J - whether ITAT was justified in law and has not acted perversely in holding that the payments made by the assessee to Channel Providers were liable for deduction of tax at source u/Sec. 194C and not u/Sec. 194J of the Income Tax Act, 1961 when the said issue was not before them and the assessee has only assailed the penalty ? - Held that:- We find merit in the arguments of counsel for the appellant-revenue that the ITA.....


262

2015 (8) TMI 988 - KARNATAKA HIGH COURT - Income Tax

B.M. Muniraju Versus The Commissioner Income Tax (Appeals) -V, Bangalore, Income Tax Officer, Ward-13 (1) , Bangalore

Exemption under Section 10(37) - compensation received on compulsory acquisition of agricultural land - claim denied on the ground that assessee had not fulfilled the second condition laid down under said provision for availing exemption - Held that:- We are of the view that since the finding of fact has been given by all the authorities that the appellant was not carrying on any agricultural activity in the plot in question in preceding two years prior to 07.10.2008, the appellant would not be .....


263

2015 (8) TMI 987 - KARNATAKA HIGH COURT - Income Tax

Commissioner of Income Tax, Bangalore and Income Tax (TDS) I Bangalore Versus M/s ITC Hotels Ltd (Since Amalgamated with ITC) (M/s Windsor Manor Sheraton & Towers)

Liability for deduction of TDS u/s 195 r/w S.197 - assessee did not have a permanent establishing in India as per S.9 r/w its explanation - Held that:- Revenue itself had given No Objection Certificates consistently for several years and allowed the respondent assessee to make payment to Sheraton without deducting tax at source and it was only after the decision of the Assessing Officer at Delhi in the case of Sheraton [2009 (1) TMI 27 - DELHI HIGH COURT] holding that payment made to it would be.....


264

2015 (8) TMI 986 - DELHI HIGH COURT - Income Tax

Commissioner of Income Tax-IV Versus Edward Keventer (Successors) Private Limited

Transfer of two properties - capital gains v/s income from business - CIT (A) concluded that the two residential bungalows sold would result only in long term capital gain also confirmed by ITAT - Held that:- It is not possible to evolve a single test or formula which can be applied in determining whether the transaction was an adventure in the nature of trade. It was also noted that in the case of purchase and sale of land, generally speaking, the original intention of the party in purchasing .....


265

2015 (8) TMI 985 - DELHI HIGH COURT - Income Tax

PR. Commissioner of Income Tax-4 Versus Good Times Marketing Pvt. Ltd.

Addition under the head of 'fraud payment'- Held that:- The Court notices that Clause 3.5 of the agreement between the Assessee and IHCL, titled 'Handling of Financials', stipulates that the membership fee collected by way of cash will be deposited on the same day with the cashier of IHCL. Cheques could be collected in the name of IHCL. In the light of the above clauses, the explanation offered by the Assessee that some of its employees had effected sales of Diners Club cards of and failed to de.....


266

2015 (8) TMI 984 - KERLA HIGH COURT - Income Tax

THE COMMISSIONER OF INCOME TAX, TRIVANDRUM Versus M/s. KERALA STATE SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD.

Interpretation of Section 139(5)- whether Tribunal is right in law in holding the 'revised return' of income filed by the assessee beyond the time limit prescribed under section 139(5) of the Income Tax Act is admissible? - Held that:- It is open to an assessee to point out mistakes committed by it in the return filed and that the authorities under the Income Tax Act are bound to assess the income and loss of the assessee in terms of the provisions of the Act. Accordingly, the Tribunal conclude.....


267

2015 (8) TMI 983 - KARNATAKA HIGH COURT - Income Tax

Mrs MAINA SHETTY Versus THE DY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE, MANGALORE

Validity of reopening of assessment - unexplained investments in the construction of the building - Tribunal upholding notice issued under section 148 as valid - Held that:- Limitation for reopening of assessment provided under Section 149 read with Section 150 of the Act would be six years, which would be expiring on 31.3.2004 and thus reopening notice issued after 31.3.2004 would be barred by limitation, as the extended time limit would not be available for the present case because the order .....


268

2015 (8) TMI 982 - DELHI HIGH COURT - Income Tax

Commissioner of Income Tax-14 Versus Shree Jasjit Singh

Assessment u/s 153C - Held that:- It may be noted that in the present case satisfaction note was prepared by the AO on 25th February 2010. Consequently, the finding of the ITAT in the present case that the assessment made under Section 143(1) of the Act for the AY 2009-10 was not valid, calls for no interference. No substantial question of law arises in the facts and circumstances of the present case.


269

2015 (8) TMI 981 - ITAT PUNE - Income Tax

TASTY BITE EATABLES LIMITED Versus ACIT, CIRCLE-7, PUNE

Transfer pricing adjustment - adjustment for capacity under utilisation - Held that:- Respectfully following the case of Ariston Thermo India Ltd. (2015 (8) TMI 977 - ITAT PUNE) we are of the considered opinion that the assessee should be given the benefit of low capacity utilisation. We therefore restore the ground of appeal No.2 to the file of the AO/TPO with a direction to consider the appropriate adjustment after necessary verification on the basis of material supplied by the assessee. The A.....


270

2015 (8) TMI 980 - ITAT BANGALORE - Income Tax

M/s. Aptean Software India Pvt. Ltd. (Formerly known as CDS Software India Pvt. Ltd.) Versus The Income Tax Officer, Circle 11 (1) , Bangalore

Transfer pricing adjustment - selection on comparable - Held that:- Respectfully following the decision of Trilogy E-Business Software India P. Ltd. (2013 (1) TMI 672 - ITAT BANGALORE), we hold that the following companies should be excluded from the list of comparable companies, i.e. Flextronics Software Systems Ltd.,iGate Global Solutions Ltd., Mindtree Ltd., Persistent Systems Ltd., Sasken Communication Technologies Ltd. (Seg.), Infosys Technologies Ltd., Tata Elxsi Ltd., KALS Information Sys.....


271

2015 (8) TMI 979 - ITAT MUMBAI - Income Tax

M/s Shivalik Venture Pvt. Ltd. Versus Dy. Commissioner of Income Tax-8 (3) , Mumbai

MAT - Profit on transfer of development rights to the fully owned subsidiary company - Whether it is required to be included in the book profit u/s 115JB ? - Held that:- We find merit in the contentions of the assessee that the profit arising on transfer of capital asset to its wholly owned Indian subsidiary company is liable to be excluded from the Net profit., i.e., the Net profit disclosed in the Profit and Loss account should be reduced by the amount of profit arising on transfer of capital .....


272

2015 (8) TMI 978 - ITAT VISHAKHAPATNAM - Income Tax

ACIT, Circle-1 and DCIT, Circle-1, Kakinada Versus SAR Chandra Environ Solution (P) Ltd. Vica – versa

Expenditure claimed under the head “provision towards SOBM and drill cutting disposal expenses” disallowed - CIT(A) deleted disallowance and held that the provision so made by the assessee is in the nature of ascertained liability and same is deductible both under the normal provisions of the Act and also while computing the book profit under section 115JB of the Act. - Held that:- In the present case, the undisputed fact remains that the contract receipts cannot be considered to be free money a.....


273

2015 (8) TMI 977 - ITAT PUNE - Income Tax

Ariston Thermo India Limited Versus Dy. Commissioner of Income Tax, Circle – 8, Pune

Transfer pricing adjustment - low utilization of capacity - Held that:- In order to arrive at an appropriate adjustment, the entire factual matrix is required to be examined at the appropriate level. The TPO as well as the DRP did not accept the plea of the assessee in principle, while the same has been accepted by us. Therefore, in order to allow an appropriate adjustment, necessary verification on the basis of the material to be furnished by the assessee, deserves to be carried out by the Asse.....


274

2015 (8) TMI 976 - ITAT DELHI - Income Tax

Times Internet Ltd Versus Additional CIT, Range-16, New Delhi. and Vica-Versa

Website development expenditure - Revenue v/s capital expenditure - Held that:- Undisputedly the Assessing Officer while treating the claimed Revenue expenditure as capital in nature has not examined properly as to whether the expenditure brought into existence any asset/s, or the usage period of the expenditure is of enduring nature. In absence of such verification by the Assessing Officer, we fully concur with the finding of the Learned CIT(Appeals) that the Assessing Officer was not justified.....


275

2015 (8) TMI 975 - ITAT BANGALORE - Income Tax

Mr. Habeeb-Ur-Rahman Versus Asst. Commissioner of Income Tax, Central Circle 1 (2) , Bangalore.

Cessation of liability under Section 41(1) - Held that:- There is nothing on record to show any cessation or remission of liability by the creditor or even an unilateral act to this effect by the Assessee in this regard. In view of the above, we are of the opinion that the impugned addition u/s. 41(1) in respect of the addition M/s. Tool Masters cannot be sustained and the same is directed to be deleted. See Sugauli Sugar Works (P) Ltd. case [1999 (2) TMI 5 - SUPREME Court ] - Decided in favour of assessee.


276

2015 (8) TMI 974 - ITAT BANGALORE - Income Tax

Glen Williams Versus The Assistant Commissioner of Income Tax, Circle 1 (1) , Bangalore.

Unaccounted cash credit - Non existent credit claims made in the books of the assessee - assessee was unable to obtain confirmation from the 21 creditors regarding the balances shown against them inspite of several opportunities - Held that:- n almost identical facts, the Hon’ble Delhi High Court in the case of Shri Vardhaman Overseas Ltd. (supra), has clearly laid down that neither section 41(1) nor section 68 of the Act can be applied. On the applicability of section 68, we are of the view tha.....


277

2015 (8) TMI 973 - ITAT MUMBAI - Income Tax

Income Tax Officer 9 (2) (4) , Mumbai Versus M/s Pat Commodity Services P. Ltd

Addition relating to shifting of profits made - trading activity at MCX - CIT(A) deleted addition - Whether the client code modification has resulted into shifting of profits, otherwise earned by the assessee? - Held that:- A careful perusal of the order passed by the Ld CIT(A) would show that the Ld CIT(A) has met each and every point raised by the assessing officer. The Ld CIT(A) has pointed out that the AO has not brought on record any material to show that the client code modification made b.....


278

2015 (8) TMI 972 - ITAT DELHI - Income Tax

ITO Ward – 36 (3) , H-Block Vikas Bhawan New Delhi Versus Uma Khanna

Addition made u/s 69C - addition under head of property purchase on the sale consideration in cash from her husband in proper state of mind without any coercion, in ignoring the facts that the AO has given sufficient opportunity to explain - CIT(A) deleting an addition - Held that:- In the present case, it is noticed that the transaction on the basis of which the addition was made by the AO was declared as Null & Void by the Ld. Sub-Judge, Ghaziabad vide his order dated 16.10.2010. Thereafter, t.....


279

2015 (8) TMI 971 - ITAT DELHI - Income Tax

Income Tax Officer, Ward 2 (4) , Meerut Versus Shri Vipin Sirohi, Meerut

Unexplained deposits in the bank account - CIT(A) deleted addition - Held that:- In the present case it is noticed that the AO in his remand report had stated that the withdrawals and deposits were verifiable from the bank statements of the assessee. He had not made any adverse comments to the submissions of the assessee and the ld. CIT(A) after verifying from the various bank accounts came to the conclusion that the explanation given by the assessee during the appeal proceedings that the cash d.....


280

2015 (8) TMI 970 - DELHI HIGH COURT - Customs

NARCOTICS CONTROL BUREAU Versus NTHADISENG JOSEPHINA BULAYA & ANR.

Attempt to export controlled substance – Investigation Officer conducted search of luggage of both accused and pseudoephedrine (controlled substance) weighing its 28.750 kg and 20.900 kg were recovered – Trial court after taking into consideration nature of offence and reasons for which they appear to have committed offence imposed sentence of rigorous imprisonment with fine on both convicts – Whether punishment awarded by trial court was just – Held that:- sole purpose of punishing offender is .....


281

2015 (8) TMI 969 - ALLAHABAD HIGH COURT - Central Excise

Shawar Khan And Another Versus Union of India And Another

Validity of summons issued - Non appearance of petitioner - Apprehension of arrest and detention - Held that:- summons issued under Section-14 is for the purpose that the petitioner also give evidence which is within the scope of Section-14 of the Central Excise Act. There is no illegality in the issuance of the summons. The apprehension that the petitioner would be detained is not well founded but is based on surmises and conjuncture. - Decided against Appellant.


282

2015 (8) TMI 968 - PUNJAB & HARYANA HIGH COURT - Income Tax

Commissioner of Income Tax-I, Ludhiana Versus Shri Rakesh Jain

Revision u/s 263 - detail of the contracts/work done was not filed before the Assessing Officer and the details of expenses and their genuineness was not examined by the Assessing Officer - Tribunal allowed the assessee appeal holding that the assessment has been framed under Section 143(3) after examination of various papers and due application of mind and the CIT was not justified in invoking his jurisdiction under Section 263 - Held that:- Assessing Officer had failed to apply his mind to the.....


283

2015 (8) TMI 967 - BOMBAY HIGH COURT - Central Excise

M/s. Shri. Dnyaneshwar Sahakari Sakhar Karkhana Ltd. Versus The Commissioner, Central Excise and Customs, Aurangabad

Remand order - Apprehension that objections may not be heard - respondent shall have no objection if the Adjudicating Authority proceeds to decide the matter on its own merit and consider all objections those would be raised by the appellant herein, touching legality and correctness of show cause notice. - Held that:- appeal stands disposed of with a direction to the Adjudicating Authority to consider all the objections, those may be raised by the appellant to the demand notice issued by revenue.....


284

2015 (8) TMI 966 - GUJARAT HIGH COURT - Income Tax

Kamleshbhai Dharamshibhai Patel Versus Commissioner of Income-tax

Validity of assessment under Section 153C - set of documents relied upon by the Revenue pertain to sale deeds executed by the petitioners in favour of the purchases viz., M/s. Sanghvi Infracon Private Limited and agreements entered into between the erstwhile tenants of the said lands and the petitioners - Held that:- The portion of land in question were occupied by tenants. In order to not only give a clear marketable title to the purchaser but also give the vacant possession of the entire land,.....


285

2015 (8) TMI 965 - KERALA HIGH COURT - VAT and Sales Tax

FI-DESIGHN & DEVELOPMENT PRIVATE LIMITED, Versus STATE OF KERALA

Applicability of Act – Imposition of Penalty – Case of petitioner is that in spite of fact that transaction between Petitioner and 4th respondent, is covered by CST Act, 4th respondent deducted tax due under Kerala Value added Tax Act from their bills – Petitioner sought for clarification however while orders are awaited, petitioner apprehended that 4th respondent would deposit tax deducted to Commercial Taxes Department – Held that:- Taking note of pendency of clarification sought, court direct.....


286

2015 (8) TMI 964 - CESTAT MUMBAI - Central Excise

Shri. Mithunlal Gupta M/s. Bhavshakti Steelmines Pvt. Ltd. Versus Commissioner Central Excise & Customs, Nashik

Recovery of excise duty - Held that:- Last 2 years the case has been listed number of times and getting adjourned - Keeping in view the conduct of appellant/advocate Revenue is free to recover the adjudged liability.


287

2015 (8) TMI 963 - CESTAT NEW DELHI - Central Excise

CCE & ST, Raipur Versus. M/s. Jayaswal Neco Industries Ltd.

Valuation - Short payment of excise duty - whether the VAT which was exempt and which the appellant have collected from the customers and retained in terms of a Scheme of the State Government, is to be included in the assessable value or not - Invocation of extended period of limitation - Held that:- appellant during the period of dispute were liable to pay duty on the assessable value including amount of VAT collected by them from their customers and retained by them and since the VAT amount wa.....


288

2015 (8) TMI 962 - CESTAT AHMEDABAD - Service Tax

Choksi Silk Mills, Adani Gas Limited and others Versus CCE Surat, C.S.T Ahmd and others

Extension of stay already granted - Held that:- Stay extended in the light of the Larger Bench decision in the case of IPCL vs. C.C.E., Vadodara reported in [2004 (6) TMI 52 - CESTAT, NEW DELHI] as upheld by the Hon’ble Supreme Court and also as held by Hon’ble High Court of Allahabad [2013 (10) TMI 1194 - ALLAHABAD HIGH COURT], the stay is extended for a period of six months.


289

2015 (8) TMI 961 - ITAT CHENNAI - Income Tax

Shri Akbar Ali Dhala Versus The Assistant Commissioner of Income Tax, Business Circle XV, Chennai

Disallowance of exemption claimed u/s 54EC on investment in REC Bonds - delay in making investment - Held that:- Claim of the assessee cannot be denied on the only ground of delay in investing in the REC Bonds due to non-availability of REC Bonds. By respectively following the decision of the Hon’ble Bombay High Court in the case of CIT v. Cello Plast (2012 (8) TMI 527 - BOMBAY HIGH COURT ), we reverse the order passed by the CIT(Appeals) and allow the ground raised in the appeal of the assessee. - Decided in favour of assessee.


290

2015 (8) TMI 960 - ITAT MUMBAI - Income Tax

Lloyds TSB Global Services Pvt. Ltd. Versus Dy. Commissioner of Income Tax

Transfer pricing adjustment - addition on account of adjustment made in arm’s length price on the value of international transactions - whether the five comparable companies which has been rejected by the TPO on the ground that they are functionally different from the assessee can be included for comparability analysis for benchmarking the ALP of the assessee company? - Held that:- In the case of ITDC Ltd., it is seen that this company is mainly engaged in the business of running of hotel and re.....


291

2015 (8) TMI 959 - MADHYA PRADESH HIGH COURT - VAT and Sales Tax

Shreeram Agro Ltd. Versus Commissioner of Commercial Tax

Benefit of set-off /Input Credit Tax – Whether input credit of taxes paid on purchase of cotton seed used in manufacture of cotton seed oil can be denied proportionately merely because during process of manufacture by-product (cotton seed cake) is also produced, so when taxable and tax-free goods are simultaneously manufactured, appellant dealer would be entitled to input-tax credit of total tax paid on purchase and same cannot be reduced on pro rata basis – Held that:- it is clear that manufac.....


292

2015 (8) TMI 958 - CESTAT CHENNAI - Service Tax

Sesa Sterlite Ltd. Versus Commissioner of Central Excise, Tirunelveli

Waiver of pre deposit - Underwriter service - Assessee contends that the underwriting was rendered by the foreign underwriting firms and the entire service was rendered outside India and no part of the service was performed in India - Held that:- as per RBI Clarification No.13 relating to guidelines for ADR/GDR issues by the Indian Companies the appellants are free to access the ADR/GDR markets through an automatic route without the prior approval of the Ministry of Finance, Department of Econom.....


293

2015 (8) TMI 957 - CESTAT MUMBAI - Service Tax

Chandgad Taluka Sahakari Vahatuk Sangh Ltd. Versus Commissioner of Central Excise, Kolhapur

Manpower recruitment and supply services - services rendered by the appellant of making arrangements for activities of harvesting of sugarcane, loading and unloading and transportation of sugarcane in and for various sugar factories - Revenue alleges that appellant receives the payment from sugar factories and retains a part of the amount while paying the sub-contractors and also charges the sugar factory an amount of Management fee - Held that:- involved in this case is now squarely covered by.....


294

2015 (8) TMI 956 - CESTAT AHMEDABAD - Service Tax

M/s CMI FPE Ltd. Versus Commissioner, Central Excise & Service Tax, Vapi

Denial of CENVAT Credit - Credit on sales commission - Invocation of extended period of limitation - Held that:- Gujarat High Court in the case of Cadila Healthcare Ltd (2013 (1) TMI 304 - GUJARAT HIGH COURT), after considering the decision of Hon’ble Punjab & Haryana High Court [2011 (7) TMI 980 - PUNJAB & HARYANA HIGH COURT], held that CENVAT Credit on overseas commission would not be admissible and hence, the denial of CENVAT Credit on merit is sustainable.

Vide Boards Circular No......


295

2015 (8) TMI 955 - CESTAT MUMBAI - Service Tax

Commissioner of Central Excise, Pune I Versus Adiraj Manpower Services P. Ltd.

Penalty u/s 78 - assess had collected the service tax but failed to deposit the same with the Government account due to financial crisis - Held that:- Assessee has discharged the entire service tax liability with interest. On a specific query from the Bench it was informed by the department that the entire amount of service tax has been discharged before issue of show-cause notice - invoking of Section 80 of Finance Act, was discretionary power used by adjudicating authority and recording reason.....


296

2015 (8) TMI 954 - CESTAT MUMBAI - Service Tax

The Maharashtra Chamber of Housing Industry Versus Commissioner of Central Excise, Customs & Service Tax, Mumbai

Business Auxiliary Service - Display of exhibitions - amount received from members and non-members of the Association / Chamber - Held that:- Appellant has received an amount from the members of the association as well as from non-members. We find strong force in the contention raised by the learned Counsel as regards the service tax liability on the amount received from the members, no tax liability arises and is covered by the judgement of Hon’ble High Court of Gujarat in the case of Karnavati.....


297

2015 (8) TMI 953 - CESTAT DELHI - Service Tax

M/s. Allspheres Entertainment Pvt. Ltd. Versus CCE, Meerut

Denial of CENVAT Credit - Event Management Services - Invoices in the name of unregistered branch office - whether the appellants are entitled to avail the Cenvat Credit on the strength of invoices/bills issued to their Delhi office which is unregistered with Service Tax Department - Held that:- there is no allegation that the input services were not received/utilized by the appellant. So also there is no dispute that such input services were not properly accounted. In the absence of any such d.....


298

2015 (8) TMI 952 - GUJARAT HIGH COURT - VAT and Sales Tax

Manoj Babulal Dugar Versus State of Gujarat And 3

Pre-Deposit Amount – Non-Deposit – Petitioner-dealer praying for direction to quash and set aside impugned order of tribunal by which order of Appellate authority directing dealer to deposit sum as pre-deposit was upheld – Despite service of order of pre-deposit, dealer failed to deposit amount of pre-deposit and dealer submitted application requesting to reconsider order of pre-deposit – Application and appeal filed against order of pre-deposit was dismissed – Held that:- Admitted that first ap.....


299

2015 (8) TMI 951 - KARNATAKA HIGH COURT - VAT and Sales Tax

M/s JMC Projects (India) Ltd. Versus The State of Karnataka Rep By Commissioner of Commercial Taxes

Revision of Assessment order – Validity – Commissioner by invoking suo moto revisional powers as per section 63A of KVAT act, revised order of assessment – Aggrieved by revision of assessment order petitioner filed appeal before tribunal which was rejected – Held that:- Section 63A makes it clear that Joint Commissioner has power to exercise revisional jurisdiction for which was not prior to four years from date of order sought to be revised – Rule against retrospective operation was fundamental.....


300

2015 (8) TMI 950 - GUJARAT HIGH COURT - VAT and Sales Tax

M/s. Highness Coconut And Trading Co. Versus State of Gujarat

Cancellation of Registration certificates – Billing activities – After giving opportunity to petitioner, concerned authority cancelled registrations, both under VAT Act and CST Act – By impugned judgement tribunal confirmed orders cancelling registration certificates – Held that:- registration certificates of petitioner under VAT Act as well as CST Act was cancelled ab-initio, as it was found that they had indulged into billing activities only – Petitioner had disclosed / declared only one Bank .....


301

2015 (8) TMI 949 - ALLAHABAD HIGH COURT - Central Excise

Sharad Goyal Versus Union of India and Another

Application to not arrest and detain the petitioner - Held that:- The power of arrest has been conferred upon the excise authorities on existence of certain conditions. It is well protected inasmuch the excise authorities would have to satisfy certain conditions as provided in Section 13 of the Act, 1944. There is no factual foundation in the writ petition to demonstrate that the apprehension of the petitioner is founded of any material on record. Moreover, if the power is exercised validly unde.....


302

2015 (8) TMI 948 - BOMBAY HIGH COURT - Central Excise

RAYMOND LTD. Versus COMMR. OF C. EX. & CUS., NASHIK

Refund - unjust enrichment - payment of duty initially on captive consumption of intermediate product which were exempt from duty - Held that:- Tribunal having not dealt with the matter satisfactorily and while rendering the conclusions against the assessee, having failed to note the Commissioner’s findings that we are of the view that the impugned order deserves to be quashed and set aside. In order to give complete opportunity to both sides and to rely on the materials before the Commissioner .....


303

2015 (8) TMI 947 - SUPREME COURT - Central Excise

Commissioner of Central Excise, Nagpur-I Versus M/s. Indorama Synthetics (I) Ltd.

Valuation of goods - inclusion of additional monetary consideration - transfer of advance import licence in favour of the seller by the buyer enabling the seller of the goods to effect duty free import of the raw materials and bringing down the cost of production/procurement - Held that:- As per the definition of 'transaction value' contained in this very section, i.e. Section 4(3)(d), certain charges can be added to the price at which the goods are actually sold, under certain circumstances. Th.....


304

2015 (8) TMI 946 - SUPREME COURT - Allied Laws

Chitra, Cochin Wines & Drugs Versus State of Kerala & Others, The Assistant Excise Commissioner & Others

Entitlement to pay proportionate annual rental for the year 1999-2000, instead of full annual fee of 13 lakhs which was applicable for that year in respect of an FL3 licence granted - Held that:- the legal principle to the effect that no person can be prejudiced because of an act of a Court is apposite and relevant in the present case. We say this keeping in perspective the position that although the Appellant had applied for the FL3 licence which would ordinarily run the course of one financial.....


305

2015 (8) TMI 945 - SUPREME COURT - VAT and Sales Tax

Sri Malaprabha Co-Op Sugar Factory Ltd Versus State of Karnataka & Others

Valuation - Price fixation of rectified spirit - Earlier HC has declared the provisions of Rule 17 unconstitutional in the case of Gowri Industries [1993 (10) TMI 354 - KARNATAKA HIGH COURT] as, Rule 17 in so far as it empowers of the fixation of price of rectified spirit, is therefore, declared as unconstitutional, and ultra vires the provisions of the State Act.

Held that:- The contention of learned counsel for the Appellant is that the State is not entitled to take away the extra p.....


306

2015 (8) TMI 944 - SUPREME COURT - Central Excise

C.C.E, Thane-I Versus M/s. Nirlon Ltd.

Classification of unprocessed and dipped nylon tyre cord fabric - Whether the respondent-assessee would be entitled to avail exemption from excise duty leviable under the Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Held that:- CESTAT has, without discussing the facts of this case or analyzing the same, allowed the appeal of the respondent herein following the order of this Court in Commissioner of Central Excise, Goa and Chennai Vs. M.R.F. Ltd., Chennai [2005 (1) TMI 11.....


307

2015 (8) TMI 943 - SUPREME COURT - Central Excise

Sheela Foam Pvt. Ltd. Versus Commissioner

Classification of goods - whether the goods manufactured by them are classifiable under sub-heading No. 3921.10 of the Schedule to the Central Excise Tariff as claimed by them or under Heading No. 94.04 of the Tariff - Supreme Court dismissed the appeal as withdrawn. The appeal was filed by the assessee agains the decision of Tribunal [2003 (9) TMI 443 - CESTAT, NEW DELHI]; wherein Tribunal held that where PU Foam sheets cut to size of mattresses have been affixed with industrial tape on the edg.....


308

2015 (8) TMI 942 - SUPREME COURT - Central Excise

Commissioner Versus Globe Auto Agency

Duty demand - Manufacture of goods or not - conversion of incomplete or unfinished article into a complete finished article - Supreme Court dismissed the appeal due to nominal tax effect. The appeal was filed by the Revenue aganst the decision of Tribunal [2003 (8) TMI 264 - CESTAT, MUMBAI], wherein Tribunal held that There is no allegation in the notice or finding by the adjudicating authority that the various firms which were undertaking these activities are same as the respondent. The notice .....


309

2015 (8) TMI 941 - SUPREME COURT - Central Excise

Commissioner Versus Kalpataru Industries

Classification of goods - Classification of fabric under Heading 52.07 or under Heading 59.06 - Held that:- issue involved in the present appeal is covered in its order dated 23-2-2015 wherein the Court has affirmed the findings of the Tribunal in the case of ASHISH ENTERPRISES [2002 (6) TMI 79 - CEGAT, MUMBAI] holding that the fabric in question shall be classifiable under Chapter Heading 52.06 of Central Excise Tariff and not under Heading 59.06. Since the issue of classification stands settle.....


310

2015 (8) TMI 940 - SUPREME COURT - Central Excise

Commissioner Versus Triveni Glass Ltd.

Denial of refund claim - original payment of duty at the time of clearance of the goods from the factory was based on sales price and since those sales prices constituted the correct assessable value, no excess payment of duty has taken place - Supreme dismissed the appeal fled by the Revenue holding that there is no reason to interfere with the impugned orders - The appeal was filed against the decision of Tribunal [2003 (7) TMI 234 - CESTAT, NEW DELHI], wherein Tribunal held that Since origina.....


311

2015 (8) TMI 939 - BOMBAY HIGH COURT - Customs

Commissioner of Customs- (II) Versus Nitin Aminchand Shah And Others

Afresh Consideration of Matter – Revenue praying that previous orders be set aside and Appeal against order of commissioner be re-heard and in accordance with law whereby he confirmed re-determined value, confiscated rough diamonds absolutely and imposed penalties upon respondent – Held that:- Appeal to be restored to file of CESTAT for being decided afresh in accordance with law and after giving opportunity of being heard in person to all parties thereto – Tribunal to administer caution while a.....


312

2015 (8) TMI 938 - DELHI HIGH COURT - Customs

Annastancia Bhule Ndlovu Versus Narcotics Control Bureau

Appeal against Conviction – Possession of controlled substance – Appellant assailing order of trial court convicting him for offences under section 9A and 25A of NDPS Act, 1985 and sentencing to undergo rigorous imprisonment with fine – Held that:- appellant was admittedly carrying controlled substance when she was detained – Also controlled substance was being carried in secret compartment of her luggage – Supreme Court in case of Union of India vs. Kuldeep Singh [2003 (12) TMI 628 - SUPREME CO.....


313

2015 (8) TMI 937 - SUPREME COURT - Customs

UNION OF INDIA Versus MANJU GOEL

Benefit of Indo-Sri Lanka Free Trade Agreement – Detention of Consignment – Customs authorities detained consignment of Respondent, as it was alleged that goods were manufactured in China and had been imported to India via Sri Lankan route to avail the benefit of Indo-Sri Lanka Free Trade Agreement – High Court vide impugned judgment directed respondent to deposit customs duty and to furnish bank guarantee of 20 per cent in order to release goods – Held that:- Admitted that show cause notice was.....


314

2015 (8) TMI 936 - SUPREME COURT - Customs

COMMISSIONER OF CUSTOMS, BANGALORE Versus TITAN INDUSTRIES LTD.

End-Use of components – Manufacture of Watches – Vide impugned order reported in [2004 (11) TMI 259 - CESTAT, BANGALORE] tribunal remanded case back to Commissioner for deciding matter afresh – However one issue, relating to end-use of components that were imported by respondent for manufacture of watches, there was some dispute between parties – Whether respondent had used those parts for manufacture of watches in its own factories or not – Held that:- End-use certificate was produced and filed.....


315

2015 (8) TMI 935 - SUPREME COURT - Customs

Commissioner Versus Indian Oil Corporation Ltd.

Inclusion of charges in CIF cost - Tribunal vide impugned order reported in [2003 (9) TMI 692 - CESTAT, BANGALORE] while relying upon decision of Apex court in M/s. Coromandal Fertilizers Limited [1999 (12) TMI 59 - SUPREME COURT OF INDIA] deleted inclusion of Berth hire charges, Pilotage charges, Port dues, Wharfage charges in CIF cost - Aggrieved by said order revenue appealed - Supreme court held that Tribunal had rightly allowed appeal of respondent relying upon decision of current Court in .....


316

2015 (8) TMI 934 - SUPREME COURT - Customs

Commissioner Versus Sesa Goa Ltd.

Refund claim - Vide impugned order of tribunal reported in [2014 (3) TMI 245 - CESTAT MUMBAI] allowed refund claim of respondent under Notification No. 21/2002-Cus., and Notification No. 1/2011-C.E. - In view of judgment delivered in case of M/s. Ralson (India) Ltd. Versus Commissioner of Central Excise [2015 (4) TMI 74 - SUPREME COURT], current court dismissed appeal of revenue.


317

2015 (8) TMI 933 - SUPREME COURT - Corporate Laws

Vedica Procon Private Limited Versus Balleshwar Greens Private Limited & Others

Revocation of order accepting highest bid – auction of property of company under liquidation - High Court vide impugned order recorded that Company Judge’s order accepting bid of appellant was vitiated as Judge failed to take note of potential value of land and bid of appellant was inadequate price to property in question – Held that:- It was well settled principle as opined in case of Navalkha & Sons Versus Sri Ramanya Das & Ors. [1969 (10) TMI 41 - SUPREME COURT OF INDIA] that company court h.....


318

2015 (8) TMI 932 - BOMBAY HIGH COURT - Corporate Laws

KPL International Limited Versus API Industries Private Limited

Territorial jurisdiction to entertain suit – location of registered office of the company or location of carrying business or location of directors or location of regional office - Cause of action arising at principle place – Whether Trial Judge was right in taking view that respondent having only regional office in Mumbai, part of cause of action must also arise in Mumbai – Held that:- Supreme court in case of Jindal Vijaynagar Steel [2006 (8) TMI 594 - SUPREME COURT OF INDIA] rejected argument.....


319

2015 (8) TMI 931 - DELHI HIGH COURT - Income Tax

Rampgreen Solutions Pvt Ltd Versus Commissioner of Income Tax

Transfer pricing adjustment - TP Adjustments made in respect of the consideration for the services rendered to overseas holding company - selection of comparable as according to the Tribunal, no differentiation could be made between the entities rendering ITeS - Did the ITAT fall into error confirming the transfer pricing adjustment upholding the inclusion of two comparable, i.e., e-Clerx Services Limited and Vishal Information Technologies Limited, now called as Coral Hub Ltd.? - Held that:- We.....


320

2015 (8) TMI 930 - GUJARAT HIGH COURT - Income Tax

PUSHPAK BULLION PVT. LTD Versus DEPUTY COMMISSIONER OF INCOME TAX

Validity of reopening of assessment - Held that:- AO has disposed of the said objections without deciding it on merits and solely on the ground that as the assessee has not filed the return pursuant to the notice issued under Section 148 of the Act within a period not less than 30 days from the date of receipt of the notice under Section 148 of the Act.

Thus, considering the aforesaid decision of the Hon'ble Supreme Court in the case of GKN Driveshafts (India) Ltd (2002 (11) TMI 7 - S.....


321

2015 (8) TMI 929 - PUNJAB AND HARYANA HIGH COURT - Income Tax

Punjabi Cooperative House Building Society Versus The Commissioner of Income Tax, Chandigarh and another

Transfer of property - capital gain - scope and legislative intent of Section 2(47)(ii), (v) and (vi) of the Act - what are the essential ingredients for applicability of Section 53A of 1882 Act - meaning to be assigned to the term “possession”? - whether in the facts and circumstances, any taxable capital gains arises from the transaction entered by the assessee? - Held that:- Perusal of the JDA dated 25.2.2007 read with sale deeds dated 2.3.007 and 25.4.2007 in respect of 3.08 acres and 4.62 a.....


322

2015 (8) TMI 928 - CALCUTTA HIGH COURT - Income Tax

COMMISSIONER OF INCOME TAX CAL WEST BENGAL-IV Versus M/s. HANUMAN SUGAR INDUSTRIES LTD.

Question of libility - accrual of interest - Whether the assessee can be permitted to claim deduction for interest which was neither paid nor shown to have been incurred in the books of accounts ? - Held that:- The assessee before us has neither paid the liability nor has admitted the liability in its books of accounts. The assessee on the top of that has disputed the liability as indicated above. Therefore, the judgment in the case of Indian Metals & Carbide Ltd. [1991 (12) TMI 31 - ORISSA High.....


323

2015 (8) TMI 927 - RAJASTHAN HIGH COURT - Income Tax

Commissioner of Income Tax, Jaipur-II, Jaipur Versus M/s Compucom Softwares Ltd

TDS liability - Tribunal found that CIT(A) had rightly considered that tax had been deducted and deposited in the Government treasury - Held that:- The issue has been decided based on the material placed on record by the assessee before the appellate authorities which has gone into by both the appellate authorities, and it being essentially a finding of fact, in our view no question much less substantial question of law can be said to arise out of the order of Tribunal. However, while dismissing.....


324

2015 (8) TMI 926 - UTTARAKHAND HIGH COURT - Income Tax

Chief Commissioner of Income Tax Versus Maharani Luxmi Bai Memorial Educational Society.

Exemption under Section 10(23C)(vi) denied - Whether educational institution must itself move the Application is concerned - Held that:- When a society is running the educational institution, then, we would think that, both, for the reason that it is running the institution and also conceiving the impossibility of an institution as such de hors the society making an application, we would reject the contention. When an application is made by the society, it is being made on behalf of the institut.....


325

2015 (8) TMI 925 - KARNATAKA HIGH COURT - Income Tax

M/s. KOTHARI METALS Versus INCOME TAX OFFICER, WARD 1 (4) , BANGALORE

Reopening of assessment - Held that:- Re-opening of assessment under Section 143 of the Act was itself bad in law, we set-aside the order passed by the writ Court and as well as the re-assessment order dated 31.01.2014. Accordingly , this appeal as well as the writ petition stand allowed.

The question of non-furnishing the reasons for re-opening an already concluded assessment goes to the very root of the matter. Besides this, it is not disputed that the statement of some other person.....


326

2015 (8) TMI 924 - ITAT CHANDIGARH - Income Tax

Greater Ludhiana Area Development Authority Versus The Addl. CIT, Range VI, Ludhiana and The DCIT, Circle VI Ludhiana Versus Greater Ludhiana Area Development Authority and vice versa

Disallowance of expenditure debited by the assessee for construction of railway under-bridge in Ludhiana - CIT(A) deleted the addition - Held that:- We agree section 28 may not determine the allowability of expenditure under section 37 of the Income- tax Act, however, the amount in question is entirely paid to the northern railway for construction of underbridge as per the minutes duly approved by the authority. The assessee has furnished complete details for it. The project was approved by the .....


327

2015 (8) TMI 923 - ITAT DELHI - Income Tax

Nokia India Pvt. Ltd. Versus ACIT, Range-13, New Delhi.

Disallowance of Marketing expenditure claims - Held that:- Constantly the Co-ordinate Benches have been restoring the issue to the file of the AO for earlier AY's with the direction to consider the issue afresh after affording a reasonable opportunity of being heard to the assessee. Respectfully following the orders of Tribunal on the said issue, ground no-3 is restored to the file of the AO with an identical direction. - Decided in favour of assessee for statistical purposes.

Price P.....


328

2015 (8) TMI 922 - ITAT DELHI - Income Tax

Mitsui & Co. India Pvt. Ltd. Versus Deputy CIT, New Delhi

Transfer pricing adjustment - inclusion of cost of sales incurred by the AEs - Held that:- It was not correct on the part of the TPO to include the cost of sales incurred by the AEs in respect of which the assessee company has rendered services and then to work out the profit for determination of the arm’s length prices. Our view is also supported by the judgment of the Delhi Tribunal in the case of Sojitz India (P) Ltd. vs DCIT (2013 (6) TMI 550 - ITAT DELHI ) where a similar issue has come up.....


329

2015 (8) TMI 921 - ITAT DELHI - Income Tax

ITO, Ward 35 (4) , New Delhi Versus Shri Ankur Aggarwal and Shri Neeraj Jindal,

Penalty under section 271(1)(c) - disclosure of income as the result of search operation on the assessee and not voluntary - CIT(A) deleted the penalty - Held that:- Provisions of Explanation 5 are applicable in the cases where during the course of search initiated on or before 1.6.2007 any money, bullion, jewellery or other valuable article or thing is found in the possession or under control of the assessee ; and in the instant case of the assessee, the search was conducted on 11.01.2007 and c.....


330

2015 (8) TMI 920 - ITAT BANGALORE - Income Tax

Income Tax Officer, Ward-2, Hassan. Versus M/s. Vokkaligara Sangha,

Registration under Section 12AA - CIT (Appeals) deleting the income from Voluntary contributions taxed by the Assessing Officer - whether voluntary contribution received by Trust (whether towards capital or revenue account) is income of the Trust as per section 2(24)(iia) - Held that:- Voluntary contributions received for a specific purpose cannot be regarded as income under Section 2(24)(iia) of the Act since they are capital receipts and tied up grants for specific purpose.

From a p.....


331

2015 (8) TMI 919 - ITAT BANGALORE - Income Tax

Shri E. Krishnappa Versus Income Tax Officer, Ward 6 (1) , Bangalore.

Penalty under section 271[1][c] - Held that:- The order of penalty is bad in law for the reason that the Notice for initiation of penalty as to whether it is concealment of income or furnishing of inaccurate particulars of income is not discernable from the notice issued and consequently the order of penalty passed under section 271[1][c] of the Act on an invalid notice does not have any legs to stand and the penalty levied under section 271[1][c] of the Act deserves to be deleted, under the fac.....


332

2015 (8) TMI 918 - ITAT DELHI - Income Tax

Cheil India Pvt Ltd (Formerly Known As Cheil Communications India Pvt Ltd) Versus Income-Tax Officer, Ward-3 (3) , New Delhi

Addition of amount paid/payable to the vendor i.e. Star India Private Limited ('Star India') u/s 68 - Star India did not respond to the notice issued by the learned AO under section 133(6) - Held that:- Disallowance has been made and upheld by the authorities below merely on the basis that the Star India Pvt. Ltd. did not bother to respond the notices issued under sec. 133(6) of the Act by the Assessing Officer to them. The authorities below have not bothered to examine the veracity of the docum.....


333

2015 (8) TMI 917 - ITAT LUCKNOW - Income Tax

DCIT, Range VI, Lucknow Versus Mohd. Zubair Siddiqui, Lucknow

Unaccounted Cash deposits in Saving Bank account in the name of assessee and his brother - CIT(A) deleted the addition - Held that:- CIT(A) has held that no addition is called for, as the amount deposited in the joint bank account is agricultural income earned by the assessee. The ld. CIT(A) has also observed in his order that even after completion of the assessment, independent enquiry was also conducted in respect of receipt from the agriculture produces by the then Assessing Officer through a.....


334

2015 (8) TMI 916 - ITAT LUCKNOW - Income Tax

Dy. C.I.T., Range-2, Lucknow. Versus M/s E-Soft Technologies Ltd.

Deduction u/s 10A - non maintaining separate books of account - CIT allowing the deduction - Held that:- There is no requirement of maintaining separate books of account u/s 10A and non maintenance of separate books of account cannot be basis for disallowing the claim of deduction u/s 10A of the Act. On this aspect, we do not find any infirmity in the order of learned CIT(A). See IBM India P. Ltd. v. Deputy Commissioner of Income Tax [2011 (6) TMI 735 - ITAT BANGALORE]

New unit was us.....


335

2015 (8) TMI 915 - ITAT COCHIN - Income Tax

M/s. GAC Shipping (India) Pvt. Ltd. Versus The Joint Commissioner of Income-tax, Circle-1 (2) , Kochi and The DCIT, Kochi Versus M/s. GAC Shipping (India) Pvt. Ltd.

Disallowance of network support service charges - non deduction of TDS for payment of the same before due date of filing the return - Held that:- There is no dispute that the assessee is liable to deduct TDS on the amount paid to the parent company M/s. GAC Shipping Co., Vaduz, Greece towards international network support service charges and technical fees. The assessee made the provision in the books of account and credited to the party's account on the last date of the financial year. The tim.....


336

2015 (8) TMI 914 - ITAT HYDERABAD - Income Tax

Dy. Commissioner of Income Tax, Circle 16 (2) Hyderabad Versus M/s. Deccan Chronicle Holdings Ltd

Expenditure on FCCB and debenture issue - CIT(A) allowing expenditure under section 35D considering the expenditure as public issue - Held that:- Qualified Institutional Buyers (QIBs) are a class of investors as a part of the large investor community and the companies sought for QIB issues because the funds can be raised within a short span. This is an extremely important investment for larger investors and since the buyers are only a class of investors, the issue of shares to QIB have been cons.....


337

2015 (8) TMI 913 - ITAT PATNA - Income Tax

Branch Manager, The Muzaffarpur Central Co-operative Bank Ltd. Versus ITO (TDS) , Muzaffarpur

Non deduction of TDS u/s.194A on the interest credited/paid by the assessee to the some depositors - time limit for initiating proceedings u/ss. 201(1) and 201(1A) - Held that:- Revenue has not brought on record any outstanding demand on the deductee/s, so that time limitation of six years from the end of the relevant assessment year shall obtain, i.e. for the purpose of initiation of recovery proceedings. Further, for all the years, the proceedings were initiated on 15.02.2008, following a surv.....


338

2015 (8) TMI 912 - ITAT PATNA - Income Tax

International School of Human Resources & Social Welfare Society, Patna. Versus CIT-1, Patna.

Denial of registration u/s.12AA - membership of the assessee’s society is open only for members of a religious community, i.e., Muslims, or the followers of the Islam faith - Held that:- As explained in A. P. Christian Medical Association vs. State of Andhra Pradesh [1986 (4) TMI 343 - SUPREME COURT] it is important and imperative that there must exist some real positive index to enable the institution to be identified as an educational institution of the minorities. That is, there should be a n.....


339

2015 (8) TMI 911 - BOMBAY HIGH COURT - Income Tax

Commissioner of Income Tax, Central-II Versus M/s. Ramrikhdas Balkison & Sons Pvt. Ltd.

Annual value how determined - Held that:- If once, we have settled the legal principles and which have to be applied in the cases falling under section 23(1)(a) of the Income Tax Act, 1961, then, these Appeals do not raise any substantial question of law.


340

2015 (8) TMI 910 - ITAT CHENNAI - Income Tax

M/s. Kikani Exports Private Limited Versus The Deputy Commissioner of Income Tax, Company Circle-I (3) , Coimbatore

Revision u/s 263 - commission paid to non-resident foreign companies without deduction of tax at source as concluded by CIT(A) - Held that:- Assessee is engaged in the trading of yarn with various countries. In order to sell its products, the assessee appointed agents on sales commission basis in various countries. The relationship between the assessee and the non-resident agents is alleged to be that of principal and agent. The said non-resident agent is a link between the foreign buyer and the.....


341

2015 (8) TMI 909 - ITAT PUNE - Income Tax

M/s. Coca Cola India Pvt. Ltd. Versus DCIT, Circle-1 (1) , Pune and vice- versa

Rectification u/s 254(2) - disallowance of an amount of ₹ 17,99,74,343/- on account of marketing expenses incurred by the assessee for various reasons which was restricted to ₹ 10 crores by the Ld.CIT(A) - Held that:- CIT(A) while sustaining the disallowance of ₹ 10 crores out of disallowance of ₹ 17,99,74,343/- made under the head marketing expenses by the Assessing Officer had categorised the disallowance on account of 4 items. While he had disallowed an amount of ͅ.....


342

2015 (8) TMI 908 - ITAT CHENNAI - Income Tax

Shri S. Sathyanarayanan, Versus The Assistant Commissioner of Income Tax, Central Circle I (5) , Chennai.

Penalty under section 271(1)(c) - unexplained cash deposit - assessment finalized under section 143(3) r.w.s. 153C r.w.s. 153A - Held that:- Assessments as well as in penalty proceedings, there is no explanation tendered by the assessee as his submissions on both occasions are that since he had cooperated in the assessments, the penalty notices are liable to be dropped. See CIT v. Mak Data Ltd. [2013 (1) TMI 574 - DELHI HIGH COURT] wherein held the absence of any explanation is statutorily consi.....


343

2015 (8) TMI 907 - SUPREME COURT - Allied Laws

Mainuddin Abdul Sattar Shaikh Versus Vijay D. Salvi

Dishonour of cheque - Liability of drawer of cheque - whether the respondent can be made liable in his personal capacity when the Company has not been made a party to the complaint - Held that:- Drawer of the cheque was the respondent, who had drawn the cheque, bearing No.075073 for ₹ 74,200/- on a bank account maintained by him towards the refund of the booking amount. Therefore, he was the drawer of the cheque. The case of the appellant, apart from being supported by the provision of Sec.....


344

2015 (8) TMI 906 - MADRAS HIGH COURT - Service Tax

The Sathyamangalam Agricultural Producers Coop. Marketing Society Ltd. And Other Versus The Customs, Excise & Service Tax Appellate Tribunal, South Zonal, The Commissioner of Central Excise

Condonation of delay - delay due to election of the co-operative society challenged before courts - Held that:- Appellants in support of the applications for condonation of delay would show that the delay had in fact been properly explained with genuine reasons. It is common knowledge that elections to cooperative societies become a huge and acrimonious affair in the State of Tamil Nadu. Every time elections are held, the elections become the subject matter of challenge before courts and eventua.....


345

2015 (8) TMI 905 - MADRAS HIGH COURT - Service Tax

M/s. Confidence Petroleum India Ltd. Versus Additional Commissioner of Customs, Central Excise and Service Tax, Coimbatore, Superintendent Office of the Commissioner of Central Excise and Customs, Nagpur

Validity of impugned order - Violation of principle of natural justice - Opportunity of hearing not granted - Held that:- The petitioner is correct in her submission that the respondents have passed the impugned order behind the back of the petitioner, without affording an opportunity of personal hearing. When the unit at Coimbatore was closed down way back in the year 2009, and thereafter, they have been functioning only from office at Bombay, the respondents were not correct in sending show ca.....


346

2015 (8) TMI 904 - BOMBAY HIGH COURT - Service Tax

COMMISSIONER OF SERVICE TAX Versus GLAXO SMITHKLINE PHARMACEUTICALS LTD.

Restoration of appeal - Appeal dismissed for want of prosecution - Held that:- It is not the case of the applicant that this Court dismissed the appeal when the name of the Advocate or the parties were incorrectly printed or that there was no name of the Advocate mentioned as against the parties’ description. Thus, there was no mistake or error in printing of the daily board. The matter was notified in terms of the computerized programme. In such circumstances, it was solely the responsibility o.....


347

2015 (8) TMI 903 - CESTAT AHMEDABAD - Service Tax

M/s. Shankar Packagings Limited Versus Commissioner of Central Excise & S.T., Vadodara

Admissibility of Cenvat Credit - freight services and GTA services- Held that:- Regarding the issue of admissibility of Cenvat Credit it has been held by Gujarat High Court in the case of Commissioner vs. Dynamic Industries Limited (2014 (8) TMI 713 - GUJARAT HIGH COURT) that point of export is the place of removal in case of exported goods. Reliance placed by the Learned (AR) in the case of M/s Market Systems vs. CCE and ST, Vadodara-II (2014 (6) TMI 33 - CESTAT AHMEDABAD) is not of any help to.....


348

2015 (8) TMI 902 - CESTAT MUMBAI - Service Tax

M/s Saibaba Telefilms Pvt Ltd Versus Commissioner of Service Tax, Mumbai

Demand of service tax - Programme Producers Service - appellant herein had produced a programme i.e. "Antakashari" for Star India and received consideration from them but did not discharge the service tax liability - Held that:- agreement entered by appellant with Star India very categorically states that appellant was commissioning for producing the programme "Antakashari" for Star India. In view of this we hold that the service tax liability and interest thereof are correctly determined by the.....


349

2015 (8) TMI 901 - GUJARAT HIGH COURT - VAT and Sales Tax

State of Gujarat Versus Delta Rubber And Plastics Products

Input tax credit – Cancellation of Registration certificate of the seller – Retrospectively – Petitioner/revenue challenging judgment and order of tribunal by which interest demanded and penalty imposed upon assesse was removed – Assesse challenges said judgment for entitlement of input tax credit since same was not granted on ground that registration of dealer/seller who had sold goods to assessee was cancelled with retrospective effect – Held that:- Tribunal had not committed any error in remo.....


350

2015 (8) TMI 900 - MADRAS HIGH COURT - VAT and Sales Tax

B. Jansi Rani, Proprietor, Sri Swamy Sports & Musicals Versus The Assistant Commissioner of Commercial Taxes and Others

Cancellation of Registration Certificate – Forged rent agreement – Vide impugned order Registration Certificate granted to petitioner was cancelled, without even considering her objections and request for personal hearing – Whether cancellation of registration certificate on grounds that rent agreement was not authenticated one was justified – Held that:- Section 39(14) of Tamil Nadu Value Added Tax Act, 2006, empowers registering authority to cancel registration for any justifiable reasons – R.....


351

2015 (8) TMI 899 - GUJARAT HIGH COURT - Central Excise

Commissioner of Central Excise, Ahmedabad-I Versus Rajesh Malleables Ltd.

Disallowance of CENVAT Credit - Violation of Rule 8(3A) of the Central Excise Rules, 2002 read with Section 11Aof the Central Excise Act, 1944 - Imposition of interest and penalty - Held that:- Judgement of the Division Bench of this Court in case of Indsur (2014 (12) TMI 585 - GUJARAT HIGH COURT) is decided almost around nine months ago. So far the department has not preferred any appeal to challenge the said decision of this Court in the Honourable Apex Court, hence in our opinion, the ratio e.....


352

2015 (8) TMI 898 - MADRAS HIGH COURT - Central Excise

M/s. Dunlop India Limited Versus The Customs, Excise & Service Tax Appellate Tribunal, The Commissioner of Central Excise

Waiver of pre-deposit - Review of previous order [2015 (3) TMI 860 - MADRAS HIGH COURT] - Held that:- The ground now pleaded by the petitioner is that some documents have been received to substantiate the plea of undue financial hardship. Even though the same was averred in the affidavit filed in support of the civil miscellaneous appeal, no evidence was produced to that effect when the appeal was taken up for hearing. All the issues now raised were highlighted by the review petitioner and that .....


353

2015 (8) TMI 897 - ANDHRA PRADESH HIGH COURT - Central Excise

M/s. Integrated Rubian Exports Ltd., Aleppy Versus Commissioner of Customs, Custom House, Visakhapatnam

Condonation of delay - service of the Order-in-Original on the ex-employee of the Appellant while the Appellant had become sick and was closed down - Held that:- Findings of the first appellate authority with regard to service of notice are sought to be assailed on the ground of perversity or non consideration of any material. In the appeal, our jurisdiction is very limited as we decide only the substantial question of law after having found prima facie case. On appreciation of facts with regard.....


354

2015 (8) TMI 896 - BOMBAY HIGH COURT - Central Excise

Commissioner of Central Excise, Goa Versus M/s. Sunrise Zinc Ltd.

Penalty u/s 11AC - Evasion of duty - Duty on waste - Held that:- Where non-payment of duty is not with an intent to evade of payment then there can be no occasion to impose penalty under Section 11AC of the Act. In the present facts, the impugned order has recorded a finding of fact that the non-payment of duty on the goods by the respondent-Assessee was on account of bonafide understanding that the said goods are not chargeable to excise duty. Thus, the condition precedent for invoking Section .....


355

2015 (8) TMI 895 - PUNJAB AND HARYANA HIGH COURT - Central Excise

M/s S.B. Packaging Ltd., Rohtak Versus Union of India and others

Restoration of Applications – Impact of order of BIFR on order of CESTAT directing to make pre-deposit - Jurisdiction of BIFR - Whether BIFR has the jurisdiction to direct CESTAT to recall an order which has already been approved by the High Court and Supreme Court and has merged with their orders – Held that:- order of the BIFR merely records that the petitioner had requested the BIFR for issuing the said directions to the CESTAT. The order does not grant the petitioner’s request. There is noth.....


356

2015 (8) TMI 894 - SUPREME COURT - Central Excise

Wonderpack Industries (P) Ltd. Versus Commissioner

Denial of SSI Exemption - Denial of concessional rate of duty - Supreme Court dismissed the appeal due to low tax effect. The appeal was filed by the assessee against the decision of Tribunal [2003 (10) TMI 564 - CESTAT, MUMBAI]; wherein Tribunal held that since once an assessee has opted for payment of duty at the normal rate, he cannot revert to concessional rates thereafter, during the same financial year.


357

2015 (8) TMI 893 - SUPREME COURT - Central Excise

Commissioner Versus Midi Extrusions Ltd.

Valuation - Notional interest - Held that:- Respondents were taking certain advances from M/s. White Metals it had an effect of depressing the price at which the goods were not delivered to M/s. White Metals. This is a pure finding of fact and does not call for any interference. - Decided against Revenue.


358

2015 (8) TMI 892 - SUPREME COURT - Central Excise

Alankar Sales Corporation Versus Commissioner

Denial of benefit of notification - whether the benefit of Notification No. 205/88-C.E., dated 25-5-88 as amended is available to the appellant in respect of insulated wires and cables - Supreme Court dismissd the appeal as withdrawn filed against the decision of Tribunal [2002 (7) TMI 640 - CEGAT, NEW DELHI], wherein Tribunal held that Following the ratio of the decision of the Tribunal in CCE, Delhi v. Skytone Electricals reported in [2002 (2) TMI 158 - CEGAT, COURT NO. II, NEW DELHI], allowed the appeal filed by the Revenue.


359

2015 (8) TMI 891 - SUPREME COURT - Central Excise

Commissioner Versus Coats Viyella India Ltd.

Excisability - Marketability - Twisted filament yarn - Held that:- while dismissing the appeal of the Revenue/Department the Tribunal [2004 (3) TMI 465 - CESTAT, CHENNAI] referred to its earlier judgment. Against the said judgment appeals were preferred both by the Department as well as by the assessee which were dismissed by this Court in its decision and the same is reported in [2006 (4) TMI 134 - SUPREME COURT OF INDIA] in Devangere Cotton Mills Ltd. v. Commissioner of C.Ex., Belgaum - Decided against Revneue.


360

2015 (8) TMI 890 - SUPREME COURT - Corporate Laws

M/s. Tech Invest India (Pvt.) Ltd. Thr. Major Shareholder Rajiv Gosain Versus M/s. Assam Power & Electricals Ltd. And Others

Sale of Assets – Repayment of loan – Validity of Auction proceeding - High Court dismissed appeal and review application of appellant company, filed against order confirming sale and handing over assets of appellant-company to respondent in lieu of repayment of loan amount – Held that:- Prima facie, it appeared that objections of appellant were not properly considered as objections were not heard on merit and auction sale was confirmed – Conduct of Official Liquidator in selling property at pric.....


361

2015 (8) TMI 889 - SUPREME COURT - Corporate Laws

Tamil Nadu News Print & Papers Ltd. Versus D. Karunakar & Others

Dishonor of Cheque - Liability of Director - Cheque in name of Accused company-1 was issued to Appellant which was not honoured and in spite of statutory notice issued, no amount in respect of said cheque was paid – Respondents filed petitions for quashing said complaint, which was allowed – Held that:- admitted position that simply because someone was Director in company, he cannot be held responsible in respect of cheque issued on behalf of company, but if concerned Director was in-charge of a.....


362

2015 (8) TMI 888 - BOMBAY HIGH COURT - Income Tax

Commissioner of Income Tax, Central-II, Mumbai Versus M/s. Haware Engineers And Builders Pvt Ltd

Eligibility for deduction u/s.80IB(10) - Whether Tribunal was justified in holding that the deduction u/s. 80IB(10) is admissible to a Housing Project on the size of two plots of land together making minimum area of one acre? - whether admissible to a Housing Project comprising of residential and commercial units?" - Held that:- Revenue very fairly states that the impugned order of the Tribunal has followed its orders dated 4 May 2012 for the Assessment Years 2005-06 and 2006-07. Being aggrieved.....


363

2015 (8) TMI 887 - ITAT LUCKNOW - Income Tax

DCIT, Range – 2, Lucknow Versus M/s Northern Construction

Rejection of books of accounts - estimation of N.P. - CIT(A) while allowing deduction of depreciation, interest and salary to partners against his estimated net profit rate of 5% without looking to the provisions of section 184(5) as against 10% by A0 - Held that:- In the instant case, undisputedly the net profit rate was estimated at 4.49% in assessment year 2007-08 and 3.92% in assessment year 2008-09. Keeping the past net profit rate adopted, we find no infirmity in the order of the ld. CIT(.....


364

2015 (8) TMI 886 - ITAT MUMBAI - Income Tax

M/s. Shreeji Exhibitors Versus Asstt. Commissioner of Income Tax, Central Circle -41, Mumbai

Income/loss from letting out of multiplex/shopping mall and cinema theatre along with amenities - “Income from house property’ or “business income’ - assessee is a partnership firm constituted by the partners for carrying out the business activity - Held that:- As decided in Chennai Properties & Investment Ltd. case [2015 (8) TMI 481 - SUPREME COURT ] relying on earlier Judgment in the case of Karanpura Development Co. Ltd. Vs. CIT [1961 (8) TMI 7 - SUPREME Court] held where there is a letting.....


365

2015 (8) TMI 885 - ITAT DELHI - Income Tax

ICL Sales & Services (P) Ltd Versus ITO, Ward-11 (3) , New Delhi

Reopening of assessment - bogus accommodation entry - Held that:- A.O. has recorded the reasons which had very much linked with the material in possession of the A.O. and the assessee has not pointed out any infirmity in the reasons recorded by the A.O. before reopening of assessment u/s 147 of the Act. After perusing the orders passed by Revenue authorities, specific information from IT (Inv.) regarding bogus accommodation entry worth ₹ 20,.03,000/-, the notice was issued by the A.O. to t.....


366

2015 (8) TMI 884 - ITAT DELHI - Income Tax

Income Tax Officer, Ward 25 (1) , New Delhi. Versus Rekha Bansal

Addition u/s 68 - unsecured loan - AO made impugned addition in absence of details, confirmation, bank accounts and ITR copies of the alleged creditors Shri Manoj Kumar and Shri Uttam Singh - CIT(A) deleted the addition on the basis of information received from the respective banks of the creditors in compliance to the notice issued to these banks u/s 133(6) - Held that:- CIT(A) was right in holding that the assessee discharged her onus by way of filing required details, confirmation and other .....


367

2015 (8) TMI 883 - ITAT DELHI - Income Tax

Kritika Seth and Others Versus ACIT, CC-25, New Delhi

Unexplained jewellery - Held that:- The Departmental Valuer in this case has reported that the jewellery found with the assessee has gross weight of 7949.550 gms and net weight was 5400.450 gms. The A.O. held that the assessee has explained jewellery having gross weight 5686.310 gms and net weight 5144.600 gms. This leaves us with unexplained jewellery of net weight of 255.850 gms and gross weight of 2263.240 gms. The difference in net weight is reported by the departmental valuer. Instead of ac.....


368

2015 (8) TMI 882 - ITAT DELHI - Income Tax

DCIT, Circle 10 (1) , New Delhi Versus M/s Discover India Tours Pvt. Ltd.,

Income from sale & purchase of shares - “Long Term Capital Gain” OR ‘business income’ - AO finalized the assessment observing that entire sale/ purchase of shares deserved to be treated as ‘business income’ rejecting the special tax treatment as per section 111(A), denying exemption u/s 10(38) - CIT(A) granted relief to the assessee - Held that:- AO has not demolished the fact that the assessee utilized its own funds for the purpose of acquiring quoted shares, which were also shown as investment.....


369

2015 (8) TMI 881 - ITAT DELHI - Income Tax

Income Tax Officer (E) , Trust Ward-III, New Delhi Versus Charanjiv Charitable Trust

Addition u/s 68 - whether donations cannot be included for the purpose of application of funds as required u/s 11? - CIT(A) deleted additions - Held that:- The assessee received donation of ₹ 75 lakh which were added by the AO to the returned income of the assessee u/s 68 of the Act and the said addition has also been upheld by the first appellate authority while passing the impugned order and with the conclusion as reproduced hereinabove. Turning to the issue of requirement of section 11 .....


370

2015 (8) TMI 880 - ITAT LUCKNOW - Income Tax

Radha Mohan Mehrotra Medical Relief Turst Versus Income Tax Officer-2 (2) , Lucknow

Rectification of mistake - interest income of the assessee should be considered for the purpose of computation u/s 11 of the Act because the assessee is duly registered u/s 12A/12AA of the Act but this aspect of the matter has inadvertently escaped the attention of the Tribunal - Held that:- Assessee has given in writing to the Assessing Officer that although the assessee trust is registered u/s 12AA with effect from 03/02/81 but the assessee has claimed exemption u/s 10(23C) and not u/s 11 of t.....


371

2015 (8) TMI 879 - ITAT LUCKNOW - Income Tax

Shri Jitendra Singh Versus A.C.I.T., Central Circle-II, Kanpur

Unaccounted gifts - Held that:- A clear and categorical finding has been given by CIT(A) that the gift was stated to be made by an unrelated donor of the assessee (claimed to be cousin sister) but no evidence of relationship is brought on record. He has also noted that in Punjabis, it is considered an immorality to take money from sister. He has also noted that there was no relationship between the assessee and the donor and no occasion was also specified for making the gifts. He has also given .....


372

2015 (8) TMI 878 - ITAT AHMEDABAD - Income Tax

Tornado Investments AND Finance (P) Ltd. Versus ACIT, Circle-4, Baroda

Penalty u/s. 271(1)(c) - disallowance of claim of loss on sale of shares - Held that:- In the case of Omni Finstock Pvt. Ltd. (2015 (8) TMI 861 - ITAT AHMEDABAD) identical issue was involved wherein held that for the computation of capital gain in the present case, the A. O. shall work out the capital gain/capital loss on the basis of consideration received by the assessee and not on the basis of alleged market value of the shares sold by the assessee.

Considering the facts of the cas.....


373

2015 (8) TMI 877 - ITAT KOLKATA - Income Tax

Linc Pen & Plastics Limited Versus Deputy Commis sioner of Income Tax, Central Circle-VII, Kolkata and Vica-Versa

Deduction under section 80IB disallowed - CIT(A) excluded from the profits eligible for deduction under sect ion 80IB, i.e. Rebate on Central Sales Tax payable as per Schedule 10 of Pilerne Unit and Commission on High Sea Sales payable as per Schedule 11 of other operational income - Held that:- By considering the totality of the facts, we restore both the issues to the file of Assessing Officer for considering it afresh regarding eligibility of these two items, deduction under section 80IB in .....


374

2015 (8) TMI 876 - ITAT KOLKATA - Income Tax

D.C.I.T,C.C XIII, Kolkata Versus M/s. Janki Textile & Industries Ltd and M/s. Umang Vincom Pvt. Ltd

Explanation to section 73 - whether the main source of income of the assessee company was share trading and not income from other sources? - CIT(A) held that by virtue of main source of income of the assessee being “Income from other sources” explanation to section 73 was not applicable - Held that:- In the present case, the AO has considered the income of ₹ 30 crores, disclosed u/s. 132(4) by the assessee as income from other sources because such income was declared to buy peace and there.....


375

2015 (8) TMI 875 - ITAT KOLKATA - Income Tax

Joint Commissioner of Income Tax Versus M/s. Avinash Transport

Higher rate of depreciation - Assessee had claimed depreciation on the Dumpers at the rate of 30% - AO allowed at the rate of 15% - CIT(A) allowed the assessee’s appeal - Held that:- The Assessing Officer concluded that when the dumpers are given on hire, the assessee would be entitled for depreciation at the rate of 30%. However, that is not the correct interpretation of the law, because if the assessee is transporting the goods of other persons, then al so the dumper is given on hire and under.....


376

2015 (8) TMI 874 - ITAT AHMEDABAD - Income Tax

The D.C.I.T., Central Circle-4, Surat Versus Shri Bharat L. Shah

Penalty under section 271AAA - CIT(A) deleting the penalty noted that the disclosure of undisclosed income of ₹ 1 crore made was covered under the definition of "undisclosed income" as per Explanation (a) to section 271AAA of the Act - Held that:- Ld. CIT(A) with respect to the satisfaction of the requirement of clause (i) of sub section 2 to section 271AAA has given a finding that Shri Dipesh shah, the brother of the assessee, in the statement recorded under section 132(4), had in reply t.....


377

2015 (8) TMI 873 - ITAT KOLKATA - Income Tax

Deputy Commissioner of Income Tax Versus M/s. Rahee Track Technologies Pvt. Ltd

Disallowance u/s 40(a)ia) - non deduction of tds - CIT(A) deleted addition accepting additional evidence - Held that:- CIT(Appeals) ’s order, there is no mention of remand report, though in the order sheet there is speci fic mention of the same. Therefore, in any view of the matter, ld. CIT(Appeals) has considered the additional evidence without considering Assessing Officer’s comments. Under such circumstances, we are of the opinion that the matter should be restored back to the file of CIT(App.....


378

2015 (8) TMI 872 - ITAT CHENNAI - Income Tax

The Deputy Commissioner of Income-tax, Corporate Circle-I, Coimbatore Versus M/s. Western India Cashew Company Pvt. Ltd.

Computation of book profit u/s 115JB - whether Parts II and III of Schedule VI to the Companies Act permits the exclusion of the receipts relating to Central and State Government grant? - can a profit and loss account drawn up without considering the above receipts said to be in accordance with the provisions of Parts II and III of Schedule VI to the Companies Act or not ? - Held that:- The entire mechanism for the computation of book profit is clearly set out in sub-section (1) of section 115JB.....


379

2015 (8) TMI 871 - ITAT CHENNAI - Income Tax

Mr. Jones Manasha Versus Deputy Commissioner of Income Tax, Company Circle- II (3) , Chennai

Disallowance u/s 14A r.w.r. 8D - Held that:- In the case of ACIT Vs. M.Baskaran(2015 (3) TMI 192 - ITAT CHENNAI) the co-ordinate Bench following various decisions of High Courts deleted the disallowance made under section 14A for the reason that assessee has not earned any exempt income. When there is no claim for exemption of income in such situation section 14A has no application. Admittedly, in this case assessee has not received any exempt income during the assessment year 2010-11, therefore.....


380

2015 (8) TMI 870 - ITAT CHENNAI - Income Tax

M/s. Apcom Exports Pvt. Ltd. Versus The Deputy Commissioner of Income-tax, Company Circle-I (1) , Chennai

Disallowance of the long term capital loss - Since loss is arising out of transactions between related parties and in the absence of explanation on how the value of ₹ 0.064 per share was determined, the loss claimed by the assessee was disallowed BY AO and CIT(A) - Held that:- As noted by the CIT(Appeals), the assessee has purchased shares at the rate of ₹ 10 per share from outside and also from company directly, when the net worth of the company was in negative. Later the same was s.....


381

2015 (8) TMI 869 - ITAT MUMBAI - Income Tax

Addl. CIT 1 (3) , Mumbai Versus M/s. NYK Line (India) Ltd.

Disallowance of expenses incurred towards feasibility study - CIT(A) deleted the addition - Held that:- Aappeal filed by the Revenue is dismissed on account of low tax effect.

Addition being employee’s contribution deposited after the statutory due date but before the end of the relevant financial year - Held that:- As relying on case of CIT vs. M/s. Hindustan Organics Chemicals Ltd [2014 (7) TMI 477 - BOMBAY HIGH COURT] wherein held that we fail to understand how this deduction could.....


382

2015 (8) TMI 868 - ITAT CHENNAI - Income Tax

Deputy Director of Income Tax (Exemptions) - III, Chennai Versus M/s. A.R. Rahman Foundation

Denial of exemption under section 11 - whether the trust has not violated the provisions of section 13(1)(c) by incurring development expenses on the land belonging to the trustees - gift of land - CIT(A) allowed exemption - Held that:- As could be seen from the findings of the Commissioner of Income-tax (Appeals) that the trustees have initially gifted the land to the assessee - trust by HIBBA and which was subsequently transferred to the assessee- trust by way of gift deed dated March 25, 2013.....


383

2015 (8) TMI 867 - ITAT DELHI - Income Tax

JAY PEE INFRATECH LTD. Versus COMMISSIONER OF INCOME-TAX

Revision u/s 263 - deduction under section 80-IA - Held that:- The argument of the assessee that a perusal of the original order passed under section 143(3) of the Act on December 30, 2011, prima, facie demonstrates that the Assessing Officer had granted deduction under section 80-IA of the Act, after obtaining certain details and documents and hence the order passed under section 263 is against law has some force, which has to be examined at the final hearing. We make it clear that this is only.....


384

2015 (8) TMI 866 - ITAT CHANDIGARH - Income Tax

M/s Khushi Ram & Sons Foods (P) Ltd., Versus The CIT-III, Ludhiana

Revision u/s 263 - fall in the gross profit rate set off of the brought forward losses and depreciation - Held that:- The assessee has been able to demonstrate before us that the Assessing Officer made detailed enquiry at the assessment stage with regard to the fall in the gross profit rate set off of the brought forward losses and depreciation. The Assessing Officer issued several statutory notices to the assessee and called for complete details with regard to the manufacturing process, month-w.....


385

2015 (8) TMI 865 - DELHI HIGH COURT - Corporate Laws

AKUATE INTERNET SERVICES PVT. LTD. & ANR & IDEA CELLULAR LTD Versus STAR INDIA PVT. LTD. & ANR

Dissemination of information – Copyright over Information – property right in "scores" and other happenings on field towards cricketing events in India - Single Judge vide impugned order granted limited interim injunction restraining appellant from disseminating contemporaneous match information in form of ball-by-ball or minute-by-minute score updates/match alerts for premium, without obtaining license from respondent – Appellant alleged that no statute creates property right in "scores" and o.....


386

2015 (8) TMI 864 - PUNJAB AND HARYANA HIGH COURT - VAT and Sales Tax

Laul's India Limited Versus State of Haryana and others

Withdrawal of Petition - Applicant moved application seeking permission of Court to withdraw petition as he wanted to file proper review petition - High Court dismissed application as withdrawn.


387

2015 (8) TMI 863 - CESTAT CHENNAI - Service Tax

M/s. Jain Housing Versus Commissioner of Service Tax, Chennai

Waiver of pre deposit - Held that:- Assessee failed to produce any interim order of the Honble High Court against the stay order [2013 (8) TMI 295 - CESTAT CHENNAI]. In view of that, the appeals are dismissed for non-compliance under Section 35F of the Central Excise Act, 1944. - Decided against Assessee.


388

2015 (8) TMI 862 - CESTAT MUMBAI - Service Tax

Shivnath Hanumant Kandi Versus Commissioner of Central Excise, Aurangabad

Penalty u/s 76, 77 & 78 - renting of immovable service - Held that:- Liability under renting of immovable service were challenged and same is still pending before the Hon'ble Apex Court, in these circumstances, appellant are entitled for benefit of Section 80 of the Finance Act, 1994. As they were under doubt whether they have to pay service tax on the above service or not. In these circumstances, by invoking the provision of Section 80 of the Finance Act, 1994, I waive the penalty under Section.....


389

2015 (8) TMI 861 - ITAT AHMEDABAD - Income Tax

Omni Finstock Pvt. Ltd. Versus The A.C.I.T., Circle-4, Baroda

Penalty u/s. 27(1)(c) - conversion of business loss into capital loss and in adoption of higher rate for shares sold - Held that:- As referred to by the learned AR, ITAT Ahmedabad “B” Bench for AY 2004-05 in the case of Ergon Investments & Finance (P) Ltd. [2011 (10) TMI 581 - ITAT AHMEDABAD] has decided same issue(i. e., computation of capital gain on the sale of shares of “Market creators Ltd.”, on the basis of actual consideration received and not on the basis of alleged market value), in fav.....


390

2015 (8) TMI 860 - BOMBAY HIGH COURT - Income Tax

Commissioner of Income Tax, Central- II Versus M/s. Haware Engineers & Builders Pvt. Ltd.

Deduction under section 80IB(10) - Held that:- As decided in assessee's earlier AY it is not in dispute that where a project is approved as a housing project without or with commercial user to the extent permitted under the rules / Regulations, then, deduction under section 80-IB(10) would be allowable. In other words, if a project could be approved as a housing project having residential units with permissible commercial user, then it is not open to the income tax authorities to contend that th.....


391

2015 (8) TMI 859 - BOMBAY HIGH COURT - Income Tax

Commissioner of Income Tax-II Versus M/s. Haware Engineers & Builders Pvt. Ltd.

Deduction under section 80IB(10) - Held that:- It is not in dispute that where a project is approved as a housing project without or with commercial user to the extent permitted under the rules / Regulations, then, deduction under section 80-IB(10) would be allowable. In other words, if a project could be approved as a housing project having residential units with permissible commercial user, then it is not open to the income tax authorities to contend that the expression “housing project” in se.....


392

2015 (8) TMI 858 - ALLAHABAD HIGH COURT - VAT and Sales Tax

M/s Agrawal Trading Co. Mathura Versus State of U.P. And Others

Classification of shampoo – Entry 48 and 63 – Assessing authority assessed good taxable at 8% under Entry No. 48 – UPTT - Thereafter, assessing authority had doubt as to whether shampoo imported by petitioner was taxable at 8% or 12 % under entry No. 63 and, accordingly, submitted proposal for grant of sanction under Section 21(2) of U.P. Trade Tax Act, 1948 – Petitioner alleged that it was clear case of change of opinion, which was not permissible in view of settled position of law – Held that:.....


393

2015 (8) TMI 857 - KARNATAKA HIGH COURT - VAT and Sales Tax

M/s Shree Sheele Pvt Ltd Versus The Addl. Commissioner of Commercial Taxes

Revisional Orders – barred by limitation – Penalty imposed on assesse under Section 5A(3)(i) of Karnataka Sales Tax Act, 1957 was reversed – Additional Commissioner issued suo moto notice for reversal of orders and thereafter passed reversal order – Whether reversal orders passed were barred by time limitation – Held that:- Section 22(4) imposes limitation of four years for reversing assessment orders – Impugned order which was served on assessee on 21.09.2011 was ante-dated order passed only to.....


394

2015 (8) TMI 856 - BOMBAY HIGH COURT - Income Tax

The Commissioner of Income Tax-V Versus Kundan Real Estate

Entitlement to claim deduction under Section 80IB(10) - Tribunal allowed the assessee's appeal by inter-alia holding that the sanction obtained by the local authority on 23 June 2003 was in respect of a project different from the sanction obtained, called revised sanction, of the local authority on 31 July 2004 - Held that:- The impugned order of ITAT records that the housing project, reflected in the sanction dated 31 July 2004, was different from the housing project approved on 23 June 2003 by.....


395

2015 (8) TMI 855 - DELHI HIGH COURT - Income Tax

Commissioner of Income Tax-XIII Versus Vaish Associates

Disallowance u/s 40(b)(v) - whether remuneration paid to the partners of the Respondent Assessee firm was not in accordance with the provision of Section 40(b)(v) - ITAT deleted addition - Held that:- No reason to take a view different from the one taken by the ITAT. Clause 6(a) of the partnership deed dated 20th June 2008 clearly indicates the methodology and the manner of computing the remuneration of partners. The remuneration of the partners has been computed in terms thereof. The Court addi.....


396

2015 (8) TMI 854 - ALLAHABAD HIGH COURT - Income Tax

Principal Commissioner of Income Tax Versus Shri Ashok Kumar Makhija

Revision u/s 263 - as per CIT(A) proper inquiry should be made with regard to the charging of excise duty which could have impacted the drastic decrease in the rate of gross profit and net profit as compared to earlier assessment years - ITAT set aside revision order - Held that:- We are of the opinion that Section 263 of the Act, cannot be exercised by the authority in the instant case. We are of the opinion that once an inquiry has been made and the reply of the assessee has been considered, t.....


397

2015 (8) TMI 853 - BOMBAY HIGH COURT - Income Tax

Shri Manish R. Shah Versus Income Tax Officer Ward-27 (5)

Retirement benefit on settlement of account with the partnership firm - whether was taxable under Section 10(3) in the hands of Partner? - ITAT held that the amount received by the Appellant is not on account of goodwill and set aside the order of the CIT(A) who held the amount not taxable under Section 10(3) - Held that:- The impugned order upsetting the finding of the CIT(A) is on a factually erroneous basis as pointed out herein above and cannot be sustained. The fact that the amount of ͅ.....


398

2015 (8) TMI 852 - MADRAS HIGH COURT - Income Tax

The Commissioner of Income Tax, Chennai Versus M/s. Chennai Garments

Reopening of assessment - Deduction under Section 80 HHC reduced - Held that:- Escaped assessment can always form the basis for re-opening of assessment. Department, on the question of law, pure and simple, may be correct in his submissions that under clause (c)(iv) under Explanation II to Section 147, computation of any allowance in excess of the permissible limits, can be ordered as a case where income chargeable to tax had escaped assessment. But, can that form the basis for re-opening of ass.....


399

2015 (8) TMI 851 - BOMBAY HIGH COURT - Income Tax

The Commissioner of Income Tax Central-III, Mumbai Versus Haryana Ship Breakers Ltd.

Condonation of delay - dismissal of the appeal for nonremoval of office objection - Held that:- It is very clear from the facts as stated that the applicants were aware of its appeal having being dismissed on 23 July 2009 itself when they were represented. After that date, the revenue took out a review petition on 29 October 2009 which also they did not prosecute. The affidavit in support of notice of motion gives no reason as to why the revenue did not take out the present notice of motion earl.....


400

2015 (8) TMI 850 - DELHI HIGH COURT - Income Tax

Commissioner of Income Tax-IV Versus M/s Fortune Oceanic Products Ltd.

Cessation of liability - whether the conversion of liabilities of the Assessee into equity share capital at a premium resulted in any benefit to the Assessee within the meaning of Section 28 (iv) or Section 41(1) (a) of the Act? - Held that:- The finding returned concurrently by both the CIT (A) and the ITAT that the conversion of loans into capital did not result in any benefit to the Assessee and that the nature of the liability essentially remained the same. The Court concurs with the said vi.....


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