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Recent Case Laws
 

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1 2015 (2) TMI 1064 - CESTAT AHMEDABAD
  Central Warehousing Corporation Versus CST. -Service Tax - Ahmedabad
  Extended period of limitation - discrepancy in filing of return - Held that:- correct service tax liability was indicated in the ST-3 returns filed with the Department. Short payment of service tax, if, any was apparent from the figures shown in the .....
2 2015 (2) TMI 1063 - CESTAT HYDERABAD
  Commissioner of Central Excise And Service Tax, Hyderabad-II Versus M/s. Ramboll IMI Soft Pvt Ltd
  Intellectual Property Services - Taking a view that the assessee should have paid service tax and the amount paid to the Group Companies abroad as a receiver of service as Group Companies did not have office in India, proceedings were initiated culmi.....
3 2015 (2) TMI 1062 - CESTAT CHENNAI
  M/s. KN. Ramanathan Versus Commissioner of Central Excise (Service Tax), Madurai
  Erection, Commissioning or Installation Service- Construction of transmission tower and related services- exemption under Notification No. 45/2010 dated 20.07.2010 - Held that:- Contract is relating to the services such as earth work excavation, stub.....
4 2015 (2) TMI 1061 - CESTAT NEW DELHI
  Unibild Engineering And Construction Co. Pvt Ltd Versus Commissioner of Service Tax, New Delhi
  Commercial or Industrial Construction and Construction of Complex Services - Free Material supplied by service recipients - Notification Nos. 15/2004-ST, dated 10.9.2004 - Notification nos. 18/2005-ST dated 7.6.2005.- Held that:- It is contended on.....
5 2015 (2) TMI 1060 - GAUHATI HIGH COURT
  Vishal Retail Ltd. Versus State of Assam, Commissioner of Taxes, Assam, Deputy Commissioner of Taxes, Superintendent of Taxes, Certificate Officer (Taxation) Kamrup
  Imposition of penalty - Default in payment of tax - According to the petitioner, there was no wilful evasion of tax. The default in payment of ₹ 10,09,712.00 was on account of mistake in application of rates of tax, which was a bonafide error, .....
6 2015 (2) TMI 1059 - KARNATAKA HIGH COURT
  State of Karnataka, By The Commissioner Of Commercial Taxes, Vanjya Terige Karyalaya Versus M/s. Infosys Technologies Ltd., M/s Intel Technology (India) Ptd. Ltd.
  Denial of Input tax credit - Utilization of credit under the nomenclature of work stations - assessing authority disallowed such input tax on work stations considering them as input tax restricted goods falling under Entry No.5 of the V Schedule read.....
7 2015 (2) TMI 1058 - CESTAT NEW DELHI
  M/s. Alpsco Graintech Pvt. Ltd. Versus CCE. & ST. Chnadigarh-II
  Waiver of pre deposit - manufacture of rice bucket elevator and rice conveyor - Classification of goods - Classification under heading 8437 or heading 8428 - classification as as other lifting, handling, loading or unloading machinery (for example Li.....
8 2015 (2) TMI 1057 - CESTAT NEW DELHI
  CCE, Jaipur-II Versus M/s. Bhilwara Spinners Ltd.
  Maintainability of appeal - Refund claim - Cash refund of accumulated CENVAT Credit - Asstt. Commissioner rejected the refund claim on the ground that this refund claim is in respect of the exports under Bond made against under advance licence scheme.....
9 2015 (2) TMI 1056 - CESTAT NEW DELHI
  CCE, Jaipur-I Versus M/s. Packwell Polymers India Pvt. Ltd.
  Successor's liability - Recovery of dues from successor company - Held that:- The undisputed facts are that the factory premises alongwith all the plant and machineries were taken over by the respondent from its previous owner M/s. Unistar Polyme.....
10 2015 (2) TMI 1055 - CESTAT NEW DELHI
  M/s. Bajaj Hindustan Ltd. Versus Commissioner of Central Excise, Allahabad
  Demand of duty on clearance of excess quantity found on molasses found during the course of investigation - Held that:- The allegation of excess unaccounted production of sugar is based on the alleged excess production of molasses and the quantity st.....
11 2015 (2) TMI 1054 - CESTAT CHENNAI
  Sri Bhavani Textiles Processors (P) Ltd. Versus Commissioner of Central Excise, Salem
  Waiver of pre deposit - Demand of duty - principal manufacturer is coating HDPE on the fabrics processed by job worker - Held that:- Tribunal in the case of another job worker in the case of SSM Processing Mills Vs CCE Salem - [2015 (2) TMI 1020 - CE.....
12 2015 (2) TMI 1053 - CESTAT MUMBAI
  Guardian Castings Pvt Ltd, Ravindra C. Aggarwal Versus Commissioner of Central Excise, Thane-I
  Imposition of redemption fine and penalty - clandestine removal of the finished goods - Held that:- With regard to imposition of redemption fine, I find that the issue has been settled by the Larger Bench of this Tribunal in the case of Shiv Kripa Is.....
13 2015 (2) TMI 1052 - CESTAT MUMBAI
  M/s BALMER LAWRIE VAN LEER LTD. Versus COMMISSIONER OF CENTRAL EXCISE, BELAPUR
  Valuation of goods - Inclusion of charges for loading, unloading, transportation and warehousing - Held that:- The goods are not sold and these are cleared from the factory, but these are transported and stored in Hyderabad in transporter's wareh.....
14 2015 (2) TMI 1051 - CESTAT MUMBAI
  M/s INDO RAMA SYNTHETICS (I) LTD. Versus COMMISSIONER OF CENTRAL EXCISE, NAGPUR
  Valuation of goods - Inclusion of excess amount collected as freight charges - Held that:- differential amount not includible in the assessable value since the duty of excise is on manufacture and not on profit made by the dealer on transportation. .....
15 2015 (2) TMI 1050 - BOMBAY HIGH COURT
  Commissioner of Customs (CSI Airport) Versus M/s. Star Entertainment Pvt. Ltd. & Another
  Invocation of extended period of limitation - Whether the CESTAT , after holding by majority that royalties/ licence fees paid on import of beta/ digibeta tapes containing films are includable in the assessable value of the tapes, is right in law in .....
16 2015 (2) TMI 1049 - BOMBAY HIGH COURT
  Jindal Drugs Limited Versus Commissioner of Customs (Export)
  Classification of goods - Export of Menthol Crystals - Whether in the facts and circumstances of the case the Appellate Tribunal is right in holding that Menthol Crystals are spices within the meaning of Section 2(n) of the Spices Board Act, 1986 - H.....
17 2015 (2) TMI 1048 - BOMBAY HIGH COURT
  Hindustan Platinum Pvt Ltd Versus The Union of India & Another
  Clearance of goods - provisional assessment - Held that:- In the light of the allegations in the writ petition and the reply thereof it would not be proper for us to make any observations on merits of the controversy. We keep all contentions of the p.....
18 2015 (2) TMI 1047 - KERALA HIGH COURT
  M/s. Sea Breeze Courier Versus Commissioner of Central Excise Customs & Service Tax
  Waiver of pre deposit - notice requiring the petitioner to pre-deposit 7.5% of the duty confirmed against him - Held that:- The requirement of pre-deposit of 7.5% of the duty or penalty, in cases where both have been imposed, as a pre-condition for m.....
19 2015 (2) TMI 1046 - CALCUTTA HIGH COURT
  Ujjal Kumar Das & Anr. and Messrs Allianz Convergence Private Limited & Ors. Versus The General Manager, State Bank of India & Anr.
  Power to publish the Photographs of default borrowers/guarantors in newspapers/magazines etc. under SARFAESI Act - Held that:- It is well settled principle of law that when a stature requires a thing to be done in a particular manner, it should b.....
20 2015 (2) TMI 1045 - DELHI HIGH COURT
  ARUN DHAWAN & ANR Versus LOKESH DHAWAN
  Jurisdiction of Company Law Board (CLB) - Jurisdictional bar in entertaining application under Section 340 of Code of Criminal Procedure, 1973 - Forged and fabricated document - Succession of Shares - Held that:- The Company Law Board in the present .....
21 2015 (2) TMI 1044 - MADRAS HIGH COURT
  Lalchand Versus Enforcement Directorate
  Contravention of Section 9 (1) (b) and (d) of the Foreign Exchange Regulation Act, 1973 - Whether in a case where an offence was punishable with a mandatory sentence of imprisonment, a company incorporated under the Companies Act, can be prosecuted, .....
22 2015 (2) TMI 1043 - JHARKHAND HIGH COURT
  Bharti Telemedia Limited and others Versus State of Jharkhand and others
  Entertainment tax on Direct-to-home service providers (DTH) under provisions of the Jharkhand Entertainment Tax Act, 2012 - Taxable under service tax under category broadcasting service - Ultra virus provisions to the Constitution of India - Covered.....
23 2015 (2) TMI 1042 - SUPREME COURT
  Narinder Singh & Ors. Versus State of Punjab & Anr
  Refusal to accept compromise / settlement between the parties - Power of high court under Section 482 of the Code of Criminal Procedure to quash the proceedings - Held that:- We find from the impugned order that the sole reason which weighed with the.....
24 2015 (2) TMI 1041 - MADRAS HIGH COURT
  Commissioner of Income Tax Company Circle, Tirupur Versus Smt. K. Indira
  Entitlement to claim deduction under section 80-IA - Held that:- All the business undertakings are wind mills and they have claimed the benefit of deduction under Section 80IA of the Income Tax Act for the assessment years in question and for the sub.....
25 2015 (2) TMI 1040 - MADRAS HIGH COURT
  Commissioner of Income Tax Versus M/s. Sri Ranganathar Industries P. Ltd.
  Entitlement to claim deduction under section 80-IA - Held that:- All the business undertakings are wind mills and they have claimed the benefit of deduction under Section 80IA of the Income Tax Act for the assessment years in question and for the sub.....
26 2015 (2) TMI 1039 - MADRAS HIGH COURT
  M/s. Southern Travels Versus The Assistant Commissioner of Income Tax
  Set off the brought forward depreciation loss against capital gains - whether unabsorbed depreciation loss of earlier years cannot be adjusted against short term capital gains arising on sale of business assets? - Held that:- In the present case, the.....
27 2015 (2) TMI 1038 - BOMBAY HIGH COURT
  The Commissioner of Income Tax-I, Mumbai Versus M/s. Bennett Coleman And Co. Ltd.
  Reopening of assessment - Tribunal concluded that the reopening proceedings have been initiated on a mere change of opinion and thus impermissible - Held that:- The impugned order of the Tribunal has recorded a finding of fact that all the issues whi.....
28 2015 (2) TMI 1037 - DELHI HIGH COURT
  Commissioner of Income Tax-VI Versus Wellworth Construction Udyog Ltd.
  Addition u/s 68 - ITAT confirming the order of the CIT (Appeals) who had reversed the AO's decision to disallow share application money of ₹ 1.65 crores under Section 68 - Held that:- AO’s suspicions formed the basis of including the amount.....
29 2015 (2) TMI 1036 - ITAT MUMBAI
  R. Natvarlal Parekh Versus Income tax Officer
  Addition made u/s 68 - assessee claimed that the amounts were repaid through its sister concerns - Held that:- In the absence of any documentary evidence to prove the genuineness of transaction and creditworthiness of the creditors, the explanation o.....
30 2015 (2) TMI 1035 - ITAT PANAJI
  The Income Tax Officer Versus Dhanashree Co-operative Credit Society Ltd,
  Entitlement to deduction u/s 80P(2)(a)(i) - whether the society being a co-operative bank providing banking facilities to members is not eligible to claim deduction u/s 80P(2)(a)(i) after the introduction of sub-section (4) to section 80P? - Held tha.....
31 2015 (2) TMI 1034 - ITAT DELHI
  Sub Registrar, Bhiwani Versus Director of Income Tax (CIB)
  Penalty u/s 275(1)(c) - late filing of AIR returns - main contention of the assessee he was ignorant of law i.e. about the provisions of section 285BA of the I.T. Act - Held that:- Provisions of section 285BA of the Act was introduced by the Finance.....
32 2015 (2) TMI 1033 - ITAT LUCKNOW
  Jt. CIT. (OSD) /DCIT-6, Kanpur. Versus. M/s Super House Leather Ltd.
  Write off of bad debts in respect of export sales disallowed - CIT(A) giving relief of ₹ 24,57,522/- on account of bad debts - Held that:- Disallowance of bad debts is to be allowed in the present year because it is not in dispute that debits w.....
33 2015 (2) TMI 1032 - ITAT MUMBAI
  M/s. Rama Techno Papers & Allied Industries Ltd. Versus ITO- Circle 1(3) (1) Mumbai
  Unaccounted share application money - CIT(A) confirmed addition u/s. 68. - Held that:- By considering the relevant record produced by the assessee, we find that the assessee has discharged its onus to prove that the payment in question on account of .....
34 2015 (2) TMI 1031 - ITAT KOLKATA
  Assistant Commissioner of Income-tax, Vs. Shri Anandamoy Das, Prop. M/s. Invotech Engineers
  Deduction u/s 80IB - AO has disallowed claim on the premise that the assessee was qualified to get deduction u/s.80IB only in AY 2003-04 and not in AY 2002-03 i.e. the FY 2001-02 - CIT(A) allowed the deduction accepting that the old unit engaged in p.....
35 2015 (2) TMI 1030 - ITAT HYDERABAD
  Asstt. Director of Income Tax (Exemptions) -I, Hyderabad Versus Hyderabad Study Circle Hyderabad
  Eligibility for exemption u/s.10(23C)(iiiad) - assessee is conducting only coaching classes for students for appearing in civil services examination - CIT(A) allowed the claim - Held that:- there is no justification on the part of the A.O. to observe.....
36 2015 (2) TMI 1029 - ITAT LUCKNOW
  Shri Vinod Kumar Chaurasia Prop Gayatri Transport Versus Asstt. Commissioner of Income Tax
  Validity of proceedings under section 153C non recording of satisfaction by the Assessing Officer in the case of "person subjected to search" - Held that:- Satisfaction by the Assessing Officer of the searched person was not recorded before initiatin.....
37 2015 (2) TMI 1028 - ITAT PUNE
  Asstt. Commissioner of Income Tax, Satara Circle, Satara Versus Patankar Wind Farms Pvt. Ltd.
  Deduction under section 80-IA on power generation receipts - CIT(A) allowed the deduction - Held that:- The assessee during the year under consideration had claimed deduction under section 80-IA(5) of the Act. The Assessing Officer had tabulated the .....
38 2015 (2) TMI 1027 - ITAT LUCKNOW
  Dy. CIT. -1, Kanpur Versus M/s JS. Tower
  Unaccounted parking charges - AO made the addition of ₹ 1.25 lakhs on the basis that the assessee has been realising parking charges which has not been declared in the books of account - CIT(A) deleted addition following his own order for the a.....
39 2015 (2) TMI 1026 - ITAT DELHI
  DCIT, Circle-12(1), New Delhi Versus Hotel Queen Road Pvt. Ltd.
  Applicability of amended provision of Section 36(1)(III) - CIT(A) held that amended provision of Section 36(1)(III) was not applicable in the case of the assessee as no new assets were acquired and the disallowance of interest was not proper - CIT(A.....
40 2015 (2) TMI 1025 - ITAT MUMBAI
  IL & FS Orix Trust Versus Income Tax Officer Ward-19(3) -2, Mumbai
  Applicability of provisions of section 161(1A) or section 164 - the income is chargeable to tax in the hands of the appellant amounting to ₹ 7,95,15,873/- as the maximum marginal rate as held by CIT(A) - assessee trust was created by indenture .....
41 2015 (2) TMI 1024 - ITAT KOLKATA
  DCIT. Circle-8, Versus M/s. Unique International Pvt. Ltd. Kolkata
  Setting off of brought forward business loss and unabsorbed depreciation - CIT(A) allowed setoff in the assessee of the amalgamated company for assessment year 2006-07, even the amalgamation was effective with effect from 01.04.2004 as per the order .....
42 2015 (2) TMI 1023 - ITAT DELHI
  INDIA HABITAT CENTRE, LODI ROAD Versus DIRECTOR OF INCOME TAX
  Revision u/s 263 by DIT(E) - Benefit of mutuality given to the assessee - assessee charged only interest income instead of taxing the whole excess of income over expenditure and this mistake resulted in under assessment of income of ₹ 1,06,10,3.....
43 2015 (2) TMI 1022 - ITAT PANAJI
  The Belgaum Taluka Rural Industrial Co-operative Society Versus Income Tax Officer
  Entitlement to deduction u/s 80P(2)(a)(i) - Held that:- As it is apparent that if the co-operative society complied with all the three conditions; firstly that the primary object or principle business transacted by it is a banking business, secondly,.....
44 2015 (2) TMI 1021 - SUPREME COURT
  The Deputy Inspector General of Police & Anr. Versus S. Samuthiram
  Reinstatement in job in case of honourably acquitted by court - No provision in Tamil Nadu Service rules - Directions to curb Eve-teasing - Held that:- As we have already indicated, in the absence of any provision in the service rule for reinstatemen.....
45 2015 (2) TMI 1020 - CESTAT CHENNAI
  M/s. SSM Processing Mills Ltd. Versus Commissioner of Central Excise, Salem
  Waiver of pre deposit - Denial of the benefit of Rule 96D - Held that:- Sub-rule (5) of Rule 96D provides that if cotton fabrics after being processed are removed without payment of duty to one or more factories for further processing or to the origi.....
46 2015 (2) TMI 1019 - CESTAT MUMBAI
  Commissioner of Service Tax, Mumbai-I Versus M/s. Vodafone (I) Ltd.
  Refund of CENVAT Credit - Held that:- Interest has been granted vide Order-in-Original dated 30.12.2014, wherein the interest of ₹ 4,37,95,262/- has been granted against the claim of the appellant for rebate of Service Tax of ₹ 5,45,77,65.....
47 2015 (2) TMI 1018 - CESTAT NEW DELHI
  Canon India Pvt. Ltd. Versus CST. Service Tax, Delhi
  Waiver of pre deposit - Business auxiliary service or banking and other financial services - Held that:- Prima-facie, the conclusions recorded by the adjudicating authority on both the services alleged, appears unsustainable. Insofar as BAS is concer.....
48 2015 (2) TMI 1017 - CESTAT CHENNAI
  M/s. Shanmuga Construction Services Versus Commissioner of Service Tax, Chennai
  Waiver of pre deposit - Commercial or Industrial Construction Service - Held that:- On perusal of Notification No.32/2007 (ST) dated 22.5.2007, which stipulates that no CENVAT credit be availed on the inputs and if the credit is availed, then it shou.....
49 2015 (2) TMI 1016 - CESTAT CHENNAI
  S. Ravi Chandran Versus Commissioner of Central Excise, Madurai
  Erection, Commissioning or Installation Service - Notification No.45/2010-ST, dated 20.07.2010 - Held that:- inquiries conducted on the activities of the appellant revealed that they have provided services, which includes earth excavation, stub setti.....
50 2015 (2) TMI 1015 - BOMBAY HIGH COURT
  M/s. Jitendra R. Gandhi Versus The Commissioner of Sales Tax Maharashtra
  Whether on the facts and circumstances of the case and on a true and correct interpretation of the provisions contained in Sections 57 and 55 of the Bombay Sales Tax Act, 1959, the Tribunal was legally justified in holding Bombay High Court that the .....
51 2015 (2) TMI 1014 - PUNJAB & HARYANA HIGH COURT
  M/s. Fortis Health Care Ltd. And Another Versus State of Punjab And Others
  Whether supply of medicines, drugs, stents, and other implants etc., during the course of treatment or a medical procedure is a "sale" in the States of Punjab and Haryana - Held that:- Admittedly, hospitals administer drugs, implants, stents to a pat.....
52 2015 (2) TMI 1013 - DELHI HIGH COURT
  COMMISSIONER OF VAT Versus JUPITOR EXPORTS
  Compounding the offences - Section 81 of DVAT 2004 - Whether the Appellate Tribunal, Value Added Tax can give direction to the Sales Tax Department to compound a FIR which was registered and charge sheet has been filed by the police department - Whet.....
53 2015 (2) TMI 1012 - CESTAT MUMBAI
  COMMISSIONER OF CENTRAL EXCISE, PUNE-II Versus SURAJ TEXCOM
  Denial of CENVAT Credit - reduction on account of Cenvat credit attributable to inputs - Held that:- Main raw material for manufacturing the fabric is yarn and as per the Show Cause Notice and the order impugned, it has been alleged that the responde.....
54 2015 (2) TMI 1011 - CESTAT MUMBAI
  COMMISSIONER OF CENTRAL EXCISE, MUMBAI IV Versus BOROSIL GLASS WORKS LTD
  Cenvat credit - Cenvat credit has been availed with inordinate delay - Held that:- In Cenvat Credit Rules, 2004 there is no time period prescribed of taking the Cenvat Credit on inputs. In the case of SGS India Pvt. Ltd. (2011 (3) TMI 759 - CESTAT, M.....
55 2015 (2) TMI 1010 - CESTAT MUMBAI
  PRERNA FINE CHEM PVT LTD. Versus COMMISSIONER OF CENTRAL EXCISE, THANE I
  Denial of input service credit - Job worker - Held that:- The main argument of the learned A.R. is on the admissibility of credit on the service tax paid for job worker service but in that case this Tribunal has not held that job worker is not entitl.....
56 2015 (2) TMI 1009 - CESTAT NEW DELHI
  M/s. P And P Overseas Versus Commissioner of Central Excise, Delhi-III
  Denial of refund claim - Cash refund of accumulated CENVAT Credit - refund claims were disallowed on the ground that the CHA services and courier services are not eligible for Cenvat credit and secondly the export proceeds have not been received by t.....
57 2015 (2) TMI 1008 - CESTAT CHENNAI
  M/s. ATC Ltd. Versus CCE, Chennai - III
  Enhancement in rate of duty - Enhancement from date of Finance Bill or from the date it received the assent of President - Held that:- Issue is no more res integra in view of the Board’s Circular F. No. 345/01/2013-TRU dated 11.2.2014 in respect of e.....
58 2015 (2) TMI 1007 - CESTAT MUMBAI
  COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX (LTU) Versus AMBUJA CEMENT LTD
  CENVAT Credit - Inputs - Removal of waste and scrap as such - Held that:- Following decision of Madras Cements Ltd. vs. CCE, Trichy reported in2010 (7) TMI 398 - CESTAT, CHENNAI] - Decided against Revenue......
59 2015 (2) TMI 1006 - CESTAT AHMEDABAD
  CCE Ahmedabad-II Versus M/s Ankit Textiles, M/s VS. Spintex and others
  Clandestine manufacture and removal of goods - Notification No.24/2005-CE(NT), dt.13.05.2005 - Maintainability of appeal - Held that:- Committee for Ahmedabad-II Commissionerate. When this preliminary objection was raised on 19.11.2012 by the Advocat.....
60 2015 (2) TMI 1005 - CESTAT MUMBAI
  M/s Soma Papers & Industries Ltd. Versus Commissioner of Central Excise, Nashik
  Valuation of goods - Inclusion of transportation charges of the inputs in the assessable value - Held that:- cost of the input will not only be the charges on which such goods have been purchased by M/s Indian Security Press, but also include the tra.....
61 2015 (2) TMI 1004 - CESTAT CHENNAI
  Commissioner of Customs (Airport), Chennai Versus M/s. Dornier India Medical Systems Pvt. Ltd.
  Duty demand - Utilization of DEPB scrips on clearance of capital goods after issue of Public notice - Held that:- On a plain reading of the above Public Notice, it is clear that the payment of customs duty by utilizing the credit under DEPB cannot be.....
62 2015 (2) TMI 1003 - CESTAT NEW DELHI
  Debesh Prasad Nanda Versus Commissioner of Central Excise, Delhi-I
  Pre-deposit of penalty - Import of the capital goods by 100% EOUs, free of duty - Company floated with malafide intention;short span of the lease period - Held that:- The company itself was floated with a malafide intention, which is clear from the f.....
63 2015 (2) TMI 1002 - CESTAT CHENNAI
  Haji Sumar Partner and Diamond Traders Versus Commissioner of Customs (Seaport-Export) Chennai
  Waiver of pre deposit - Misdeclaration of value of goods - Demand of differential duty - Penalty u/s 112(a) - Held that:- chart showing comparison of the value declared at the time of export in Turkey and declared in India prepared by the First Secre.....
64 2015 (2) TMI 1001 - CESTAT MUMBAI
  Schlumberger Asia Services Ltd. Versus Commissioner of Customs (Import), Mumbai
  Benefit of Notification No. 21/2002-Cus dated 1.3.2012 - machine in question is imported by the appellant as a sub contractor and his name is not figuring in the contract entered by the M/s Essar Oil Ltd with the Government of India which is a requir.....
65 2015 (2) TMI 1000 - KARNATAKA HIGH COURT
  IAE INTERNATIONAL AERO ENGINES AG Versus UNITED BREWERIES(HOLDINGS) LIMITED
  Invocation of Corporate Guarantees - Default in repayment of dues - Serious disputes involved - Guarantees not valid, void ab-initio - Winding up petition - Winding up petition in case of arbitration clause - Non compliance of provisions of sec.592 .....
66 2015 (2) TMI 999 - DELHI HIGH COURT
  DEVENDRA NARAIAN Versus UNION OF INDIA
  Variation in salaries of different members of the same Tribunal - Respondent in order to remove dissimilarity reduced the pay scale of those members who getting the higher salary - Held that:- Since the petitioner performed the same functions and dis.....
67 2015 (2) TMI 998 - SUPREME COURT OF INDIA
  E. Bapanaiah Versus KS. Raju
  Default in repayment of deposits - Contempt petition under Section 12 read with Section 10 of the Contempt of Courts Act, 1971 - Violation of the orders of the Company Law Board - Personal liability of promoter director in pursuance of undertaking si.....
68 2015 (2) TMI 997 - ITAT KOLKATA
  Wealth Tax Officer, Wd-10(2) Kolkata Versus Ferrolite products Ltd.
  Exclusion of values of land and house property from net wealth - renting out of property - commercial establishment or complex - assets are situated in urban area and have been shown under separate block in the audited accounts - Held that:- The fact.....
69 2015 (2) TMI 996 - GUJARAT HIGH COURT
  Atir Textile Industries Pvt. Ltd. Versus DY. CIT.
  Disallowance of interest u/s 57(iii) - AO observed the transaction as colourable device / tax planning - Held that:- It is an admitted fact that the Revenue has not disbelieved the loan transaction of ₹ 3 crores with the company, namely, Arvind.....
70 2015 (2) TMI 995 - KARNATAKA HIGH COURT
  TUMKUR MERCHANTS SOUHARDA CREDIT COOPERATIVE LIMITED Versus THE INCOME TAX OFFICER, WARD-1, TUMKUR
  Deduction in respect of income of co-operative societies - Interest earned on short- term deposits - whether were only investment in the course of activity of providing credit facilities to members and that the same cannot be considered as investment.....
71 2015 (2) TMI 994 - BOMBAY HIGH COURT
  M/s. Clariant Chemicals India Limited Versus ACIT, 1(1)
  Penalty under section 271(1)(c) - disallowance of capital expenditure of Research and Development - whether the Tribunal was justified in upholding the imposition of penalty pertaining to addition of Research and Development expenditure? - Held that:.....
72 2015 (2) TMI 993 - GUJARAT HIGH COURT
  Bhavin Impex Pvt. Ltd. Versus Commissioner of Income Tax And-6
  Rejection of stay application - non recording of reasons - Held that:- As relying on Hitech Outsourcing Services Versus Income Tax Officer [2015 (2) TMI 209 - GUJARAT HIGH COURT] suffice it to observe that when the stay application is to be considere.....
73 2015 (2) TMI 992 - BOMBAY HIGH COURT
  The Commissioner of Income Tax – 1 Versus M/s. Allana Sons Ltd.
  Deduction u/s 80HHC - AO restricted the claim after adjusting the trading loss to its manufacturing profits and adding of 90% export incentives - CIT issued a notice u/s 263 to held that the respondent is not entitled to claim deduction under Section.....
74 2015 (2) TMI 991 - DELHI HIGH COURT
  GEBR Pfeiffer (India) Private Ltd. Versus Commissioner of Income Tax
  Disallowance u/s 14A - assessee/appellant had declared tax free dividend income to the tune of ₹ 2,71,83,864/- - Held that:- The statutory disallowance mandated by Section 14A - the procedure to which - has been subsequently spelt out in Rule .....
75 2015 (2) TMI 990 - ITAT DELHI
  ACIT, Co. Cir, -5(1), New Delhi Versus M/s. Kay Kay Royal Apartments Pvt Ltd, M/s Kay Kay Buildworth Pvt Ltd, M/s Kohli Housing And Development Pvt Ltd And Others
  Deemed dividend - assessee had received unsecured loan of ₹ 1,25,00,000 from M/s Kohli Housing & Development Pvt. Ltd. and the fact that both the assessee company and M/s Kohli Housing & Development Pvt. Ltd. have Sh. Sudershan Kohli and Smt. K.....
76 2015 (2) TMI 989 - ITAT CHANDIGARH
  The ACIT. Circle VII, and The Income Tax Officer Ludhiana Versus M/s Octave Exports
  Disallowance of deduction under section 80-IC - assessee was not carrying on any manufacturing activity as held by AO - complete procedure was not being carried out in Himachal Pradesh, the assessee was not entitled to the claim of deduction under se.....
77 2015 (2) TMI 988 - ITAT BANGALORE
  M/s. ING Vysya Bank Ltd. Versus Asst. Commissioner of Income Tax
  Expenditure on purchase of software disallowed - Held that:- Respectfully following the decisions of the Hon'ble High Court of Karnataka in the case of IBM India Ltd. (2013 (10) TMI 1225 - KARNATAKA HIGH COURT) and the co-ordinate bench of this T.....
78 2015 (2) TMI 987 - ITAT DELHI
  Assistant Commissioner of Income Tax Circle-33(1), New Delhi Versus M/s. Vardaan Fashion, Shri Inderpal Singh Wadhawan
  Penalty u/s 271D - violation of provisions of section 269SS - CIT(A) deleted penalty levy - Held that:- The CIT(A) has clearly recorded the finding that there was the business transaction between the assessee firm and M/s Rups Craft Inc. and all the.....
79 2015 (2) TMI 986 - ITAT MUMBAI
  DCIT (TDS) -3(1), Mumbai Versus Zee Entertainment Enterprises Ltd.
  Deduction of TAS for purchase of programmes - Demands u/s 201/201(1A) - assessee was either deducting TAS at a lower rate or was not deducting any TAS at all on various payments being made by the assessee - carriage fee /placement fee paid by the ass.....
80 2015 (2) TMI 985 - ITAT PUNE
  Dy. CIT, Circle-1, Nashik Versus Shri Prashant Prabhakar Gadkari
  Deduction u/s.37(1) - CIT(A) allowed 50% of the claim - Held that:- From the written submission filed before the CIT(A), we find the assessee has stated that the business of the assessee is that of liaisoning, maintaining good relationship with poli.....
81 2015 (2) TMI 984 - ITAT PATNA
  DR. BINOY KUMAR SINGH (HUF) Versus ASSISTANT COMMISSIONER OF INCOME-TAX
  Addition on account of rental income - addition of ₹ 4,00,285 on account of difference in value of immovable property located at Raj Villa, Kanti Factory Road, Patna and valued at ₹ 5,95,100 by the learned Departmental Valuation Officer a.....
82 2015 (2) TMI 983 - ITAT DELHI
  Le Passage to India Tours & Travel (P) Ltd., Versus DCIT, Circle 4(1) New Delhi
  Disallowance u/s 40(a)(i) - non deduction of TDS on payments made to non-resident persons outside India for representation charges - whether the consideration paid by assessee to overseas nonresident agents can be categorized as FTS u/s 9(i)(vii) - H.....
83 2015 (2) TMI 982 - ITAT BANGALORE
  The Deputy Commissioner of Income Tax, Circle 11(2), Bangalore Versus M/s. Big Bags International Pvt. Ltd.
  Disallowance u/s 40(a)(ia) - Held that:- Following the decision of CIT v/s VIRGIN CREATIONS [ 2011 (11) TMI 348 - CALCUTTA HIGH COURT ] amendment to the provisions of section 40(a)(ia) of the Act, by the Finance Act, 2010 is retrospective from April.....
84 2015 (2) TMI 981 - ITAT DELHI
  Tata McGraw Hill Education Pvt. Ltd. Versus ACIT, Circle 16(1), New Delhi.
  Transfer pricing adjustment - international transactions in the `Back office support services segment’ - selection of comparables - Held that:- Accel Transmatic Ltd. (Seg.) - it can be seen from the Annual report of this company has three divisions, .....
85 2015 (2) TMI 980 - ITAT MUMBAI
  ITO –25(3) Mumbai -400 051 Versus Smt. Ratika P. Khurana Mumbai -400067.
  TDS on freight charges paid to agent of foreign shipping companies - CIT(A) deleted disallowance u/s. 40(a)(ia) - whether the provisions of section 172 are not overriding to provisions of section 194, and therefore, assessee was liable to deduct TDS?.....
86 2015 (2) TMI 979 - ITAT COCHIN
  M/s. Kannan Devan Hills Plantation Co. Pvt. Ltd. Versus The Assistant Commissioner of Income-tax, Circle-1(2), Ernakulam
  Deduction under section 80-IA - AO disallowed claim on the reason that the assessee has not complied with the provisions of section 80-IA(4)(iv)(c) also confirmed by CIT(A) - Held that:- the assessee's claim of capitalisation of expenditure incu.....
87 2015 (2) TMI 978 - ITAT CHANDIGARH
  Shr Jawahar Lal, Ahmedgarh Versus The ITO, Ward- IV(3), Malerkotla
  Unaccounted cash credits - unsecured loans - AO noted that assessee has shown new unsecured loans amounting to ₹ 30,56,500 out of which loans amounting to ₹ 19,56,000 were introduced from persons specified under section 40A(2)(b) - CIT(A).....
88 2015 (2) TMI 977 - ITAT PANAJI
  The Belgaum Taluka Rural Industrial Co-operative Credit Society Versus Income Tax Officer, Ward-1(2), Belgaum
  Disallowance of deduction u/s 80P(2)(a)(i) - whether the Assessee is hit by the provisions of Sec. 80P(4) which was introduced in the statute by the Finance Act, 2006 w.e.f. 1.4.2007.? - whether C.I.T (A) erred in denying deduction u/s 80 (P) (2) (a).....
89 2015 (2) TMI 976 - CESTAT AHMEDABAD
  APOLLO TYRES LTD. Versus COMMISSIONER OF C. EX. & ST., VADODARA-II
  CENVAT Credit - Service Tax paid on rent-a-cab services which were used for transporting of officials and guests to and from the factory premises - Cenvat credit is sought to be denied only on the ground that and rent-a-cab services in relation to th.....
90 2015 (2) TMI 975 - ITAT MUMBAI
  ACIT-20(1), Mumbai Versus Ms. Geeta Bhatia
  Disallowance of interest paid - CIT(A) deleting the addition - Held that:- As found from record that interest was paid by assessee in respect of term loan taken for purchase of immovable properties, which was utilized for the purpose of business. We .....
91 2015 (2) TMI 974 - CESTAT MUMBAI (LB)
  Global Vectra Helicorp Ltd. Versus Commissioner of Service Tax, Mumbai-II
  Classification of services - supply of tangible goods for use of service or transport of passengers by air service - Extended period of limitation - Levy of penalty - Held that:- From the preamble of the contract entered into by the appellant with M/.....
92 2015 (2) TMI 973 - CESTAT BANGALORE
  Webex Communications India Pvt Ltd Versus Commissioner of Service Tax, Bangalore
  Waiver of pre deposit - Classification of service - Telecommunication service or Business Support Service - appellant is engaged in the provision of audio-conferencing services and web-conferencing services to its customers located both in India and .....
93 2015 (2) TMI 972 - CESTAT MUMBAI
  Automotive Manufacturers Private Ltd Versus Commissioner of Central Excise And Customs, Nagpur
  Valuation - inclusion of value of material - authorised service station for Maruti cars - Board's Circular no. 96/7/2007-ST dated 23/08/2007 - Held that:- Appellant are charging handling charges whenever automobile parts are sold either independe.....
94 2015 (2) TMI 971 - CESTAT NEW DELHI
  M/s. RB. Chy Ruchi Ram Khattar And Sons Versus Commissioner of Service Tax, New Delhi
  Denial of exemption from service tax - Whether sub-contractors engaged for building residential complexes for Delhi Police could be considered for receiving services on behalf Govt. of India and no service tax liability could be fastened on them - He.....
95 2015 (2) TMI 970 - CESTAT MUMBAI
  Global Vectra Helicorp Ltd. Versus Commissioner of Service Tax Mumbai-II
  Helicopter Chartering service - Supply of tangible Goods for Use services or Air Transport of Passengers services - Held that:- We have carefully considered the rival submissions. In the present case the appellant has been discharging service tax lia.....
96 2015 (2) TMI 969 - GAUHATI HIGH COURT
  M/s. Hawkins Cookers Limited, M/s Nirlep Appliances Ltd, M/s Pushpanjali Appliances Pvt Ltd, M/s TTK Prestige Ltd Versus State Of Assam And Others
  Classification of Pressure cooker under Assam Value Added Tax Act, 2003 - Aluminium utensil- covered in Second schedule or Not an Aluminium utensil- covered under residual fifth schedule - Penalty due to consequential assessment - Held that:- The rea.....
97 2015 (2) TMI 968 - PUNJAB & HARYANA HIGH COURT
  M/s Godrej & Boyce Mfg. Co. Ltd. Versus State of Punjab and others and M/s Godrej & Boyce Mfg. Co. Ltd. Versus State of Punjab and others
  Deferment & Exemption from sales tax - Mode of computation of notional sale tax liability - Whether Rule 2 (xxi) (ii) of the Rules which provides for calculation of "notional sale tax liability" by including branch transfers, fastens a liability to p.....
98 2015 (2) TMI 967 - CESTAT NEW DELHI
  Commissioner of Central Excise, Raipur Versus M/s. Orient Ispat Pvt. Ltd.
  Recall of final order - Ex-parte order passed - Wrong Date of hearing noted down mistakenly - Held that:- Matter had been decided ex parte and the Revenue's appeal has been allowed following the Apex Court's judgment in the case of Ind -Swift.....
99 2015 (2) TMI 966 - CESTAT CHENNAI
  M/s. RKKR Steels Ltd. Versus CCE, Chennai-I
  Maintainability of appeal - Denial of rebate claim - SEZ - Held that:- issue relates to the sanction of rebate claims on TMT bars supplied to SEZ. The adjudicating authority has sanctioned the rebate claim of ₹ 16,98,128/- on the duty paid on t.....
100 2015 (2) TMI 965 - CESTAT CHENNAI
  M/s. Bayforge Ltd. Versus CCE, Puducherry
  Waiver of predeposit of duty - Denial of CENVAT Credit - Insurance service and various other services - Held that:- Out of the total credit disallowed, ₹ 4,21,458/- relates to insurance service. I find that that insurance service not only relat.....
101 2015 (2) TMI 964 - CESTAT CHENNAI
  Sundaram Fasteners Ltd. Versus Commissioner of Central Excise, Madurai
  CENVAT Credit - Notification No.214/86-CE - Denial of the credit on the ground that credit taken on inputs used for job work done for other unit is not admissible and confirmed the demand along with interest and imposed penalty - Held that:- Consider.....
102 2015 (2) TMI 963 - CESTAT CHENNAI
  Pepsico India Holdings (P) Ltd. Versus Commissioner of Central Excise, Madurai
  Waiver of pre deposit - duty on breakages of bottles while handling - Held that:- Appellants are manufacturer of aerated waters as seen from para-14 of the OIO, it is stated that percentage of breakages was 0.45% which is well below the limit of 0.5%.....
103 2015 (2) TMI 962 - CESTAT CHENNAI
  Panasonic Appliances India Co. Ltd. Versus Commissioner of Central Excise, Chennai-II
  Denial of CENVAT Credit - Outdoor Catering Services and Clearing & Forwarding services - Held that:- major amount of the total demand of input credit relates to outdoor catering services and the amount involved on this count is ₹ 1,86,466 and i.....
104 2015 (2) TMI 961 - CESTAT MUMBAI
  ADITYA BIRLA RETAIL LTD. Versus COMMISSIONER OF CENTRAL EXCISE, NASIK
  CENVAT Credit - appellants have distributed the credit of the service availed prior to April 2011 therefore, it was of the view of the lower authorities that from April 2011 the appellants are not entitled to take CENVAT Credit on these goods - Held .....
105 2015 (2) TMI 960 - CESTAT CHENNAI
  Supreme Petrochem Ltd. Versus Commissioner of Central Excise, Chennai-I
  Waiver of pre deposit - Disallowance of cenvat credit availed as input credit on outward transportation upto the buyer's premises - Held that:- On a perusal of copies of purchase orders, invoices submitted by the appellant along with appeal paper.....
106 2015 (2) TMI 959 - CESTAT MUMBAI
  M/s UTTAM GALVA STEELS LTD. Versus COMMISSIONER OF CENTRAL EXCISE, RAIGAD
  CENVAT Credit - Whether the appellant is entitled to take Cenvat Credit on outward Transportation Service was dealt by the various Hon'ble High Courts and in the majority of the High Court decision it was held that Cenvat credit is available on O.....
107 2015 (2) TMI 958 - CESTAT MUMBAI
  Commissioner of Central Excise, Pune-II Versus Saroj Engineers
  CENVAT credit on supplementary invoices issued by job workers - Suppression of fact- Denial of Cenvat Credit- Held that:- Commissioner (Appeals) have relied upon the order passed by the learned Commissioner (Appeals) in the case of job workers wherei.....
108 2015 (2) TMI 957 - CESTAT CHENNAI
  M/s. Shree Ganesh Steel Rolling Mills Ltd, Shri Ashok Sharaf Versus Commissioner of Customs, Chennai (Seaport - Import)
  Import of Non-Alloy Steel slabs - benefit of Customs Notification No. 21/2002-Cus. dated 1.3.2002 (Sl. No. 190B) - Mis-declaration of goods - NML vide their report dated 27.10.2004 had opined that the samples are not prime quality and can be consid.....
109 2015 (2) TMI 956 - CESTAT MUMBAI
  Central Warehousing Corporation Versus Commissioner of Customs (Export) Nhava Sheva
  Imposition of penalty under Regulation 12(8) of the Handling of Cargo in Customs Area Regulation, 2009 - contravention of Regulations 6(2), 6(1)(k) and 6(1)(q) read with Section 141 (2) of the Customs Act, 1962 - Held that:- Regulation 12(8) providin.....
110 2015 (2) TMI 955 - CESTAT MUMBAI
  KF Bioplants Pvt. Ltd. Versus Commissioner of Customs (Import), Mumbai
  Valuation of goods - Inclusion of amount of royalty on the imported goods - Held that:- There is a contradiction in the stand taken by the Customs as far as inclusion of royalty on the goods imported. On the one hand it is held that if the foreign su.....
111 2015 (2) TMI 954 - CESTAT MUMBAI
  SUPREME ENTERPRISES Versus COMMISSIONER OF CUSTOMS (EXPORT), NHAVA SHEVA
  Classification of goods - import of Inca Inchi Oil in soft vegetarian Gel Capsules - Classification under CETH 15159091 or under CTH 3004 - claim of the appellant that these are "Extra Virgin Vegetable Oil (Inca Inchi) meriting classification under C.....
112 2015 (2) TMI 953 - SUPREME COURT
  Vijay Shankar Pandey Versus Union of India & Another
  Violation of The All India Services (Conduct) Rules, 1968 - Rejection of Enquiry report - Power of state to Second enquiry and appoint a Board of Enquiry - Rule 8(3) of the All India Services (Discipline and Appeal) Rules, 1969 - Held that:- All the .....
113 2015 (2) TMI 952 - DELHI HIGH COURT
  Commissioner of Income Tax -Delhi-III Versus Shokeen Properties Pvt. Ltd.
  Unaccounted cash credit - addition u/s 68 - CIT (A) deleted the additions - Held that:- The initial onus to show the genuineness and identity of transaction and the credit worthiness of the party is no doubt upon the assessee. Once that is done in t.....
114 2015 (2) TMI 951 - DELHI HIGH COURT
  Commissioner of Income Tax (TDS) -I Versus CJ. International hotels Pvt. Ltd.
  Non deduction of TDS - assesse in default - initiation of proceedings against the assessee in default who does not deduct tax as held by revenue - whether proceeding under Section 201 is barred by time? - Held that:- Ruling of this Court as to the p.....
115 2015 (2) TMI 950 - BOMBAY HIGH COURT
  Commissioner of Income Tax-2 Versus State Bank of India, Financial Reporting, Compliance And Taxation Department
  Deduction u/s. 36(1)(viii) - revision u/s 263 - ITAT allowing deduction following the decision in the case of Union Bank of India v/s. ACIT [2012 (6) TMI 500 - ITAT MUMBAI] - whether financial corporation are separate and distinct entities different .....
116 2015 (2) TMI 949 - GUJARAT HIGH COURT
  Commissioner of Income Tax, Ahmedabad-III Versus Nita Madhu Patel
  Gain arising out of share transaction - short term and long term capital gains or business income - Held that:- The issue of taxability of gain arising out of share transaction as short term and long term capital gains and not as business income, is .....
117 2015 (2) TMI 948 - DELHI HIGH COURT
  THE COMMISSIONER OF INCOME TAX-TDS Versus MORADABAD TOLL ROAD COMPANY
  Non deduction of TDS - assesse in default - ITAT affirmed an order of the CIT (Appeals) as proceeding under Section 201 is barred by time - Held that:- Ruling of this Court as to the period of limitation, i.e., Commissioner of Income Tax v. NHK Japa.....
118 2015 (2) TMI 947 - ITAT HYDERABAD
  The Deputy CIT Circle-16(2) Hyderabad Versus. M/s. Meena Jewellers (P) Ltd., Hyderabad
  Disallowance of employees' contributions to ESI and PF - whether amounts of ₹ 1,14,309 and ₹ 17,137 towards Provident fund and ESI respectively to the account of the employees before the due date for filing of return of income and the.....
119 2015 (2) TMI 946 - ITAT DELHI
  Narain Singh C/o. Rajiv Saxena & Co. (Advocate & Solicitors) Versus ACIT Circle-36(1), New Delhi
  Unexplained investment - block assessment - addition of ₹ 11 lacs on unexplained investment in Himmatpur land u/s 69 - assessee relying on the ancestral “Bahi” for explaining the cash payment of ₹ 11 lakhs to Kulanand Bhartiyaya on differ.....
120 2015 (2) TMI 945 - ITAT COCHIN
  M/s. Equity Intelligence (India) P. Ltd. Versus The Assistant Commissioner of Income-tax, Circle-1(1), Kochi
  Reopening of assessment - Under assessment of income under section 143(3) with reference to the intimation under section 143(1) - Treating business income as short-term capital gains - Held that:- Merely because material lies embedded in the material.....
121 2015 (2) TMI 944 - ITAT PUNE
  TIBCO Software India Pvt. Ltd. Versus Dy. Commissioner of Income Tax, Circle 1(2), Pune.
  Transfer Pricing Adjustment - selection of comparable - Held that:- For exclusion of Kals Information System Ltd. the said concern is engaged in development and sale of software product, etc., which is distinct from the software development services .....
122 2015 (2) TMI 943 - ITAT MUMBAI
  Shri Aslam Chand Khan Versus Income Tax Officer-24
  Unexplained money - sale of plots - Held that:- From the record we found that during the course of survey, the assessee was found to be in receipt of “on money” in respect of sale of industrial plot of land. On the basis of seized material, the A.O. .....
123 2015 (2) TMI 942 - ITAT MUMBAI
  M/s Shreepati Infra Realty Ltd Versus The Income Tax Officer-5(3) (2), Aayakar Bhavan, Mumbai -400 020
  Pre commencement expenditure disallowed - Held that:- It is an un-denied fact that the assessee company was incorporated in 2008 and in the interim period the business was dormant but the assessee had advanced its funds to acquired certain real estat.....
124 2015 (2) TMI 941 - ITAT MUMBAI
  Vipul Life Sciences Ltd. Mumbai Versus The Dy. Commissioner of Income Tax Mumbai
  Penalty 271(1)(c) - Held that:- The assessee's contention that the entire purchases as had been made had been recorded in the primary and final books, such as stock and ledger books have not been negated or controverted by the revenue authorities.....
125 2015 (2) TMI 940 - ITAT BANGALORE
  The Deputy Commissioner of Income Tax Central Circle-2(2), Bangalore Versus M/s. Sobha Developers
  Deduction u/s. 80IB(10) denied - According to the AO, development of the land is carried out by the sister company and not by the assessee - CIT(A) directed the AO to allow deduction u/s. 80IB(10) on a sum of ₹ 1,15,18,769 - Held that:- The ent.....
126 2015 (2) TMI 939 - ITAT JAIPUR
  The ACIT. Circle-6, And Others Jaipur Versus Smt. Vinita Agarwal
  Capital gain determination - compulsory acquisition - in lieu of the acquisition of land, certain area of residential and commercial plots allotted to assessee - assessee has sold converted plots in the same financial year just after taking the posse.....
127 2015 (2) TMI 938 - ITAT LUCKNOW
  M/s Pacific Leather Finishers Versus Dy. CIT-3Kanpur
  Revision u/s 263 - AO has failed to disallow/make addition on account of commission to foreign agents - Held that:- Detailed explanation furnished by the assessee was examined by the Assessing Officer before accepting the claim of the assessee. Moreo.....
128 2015 (2) TMI 937 - ITAT HYDERABAD
  Asmitha Microfin Ltd. Versus Addl. Commissioner of Income Tax Range-1, Hyderabad
  Amount received by discounting the maturity value of loan portfolio on assignment to commercial banks - treated as income during the year - Held that:- Principles of bill discounting and accounting entries are similar to the portfolio sale/securitiza.....
129 2015 (2) TMI 936 - ITAT PUNE
  Shri Sangram Patil Versus ITO. Ward 3(1) Pune
  Deduction claimed u/s 80-IA - profits derived from the business of windmill - as per the Revenue, the losses incurred by the assessee for A.Y. 2002-03 and 2003-04 from the activity of windmill have to be reduced from the current year’s profits of the.....
130 2015 (2) TMI 935 - ITAT CHANDIGARH
  Shri Sewa Ram Prop. M/s Sewak Timber Versus ITO. Ward Rajpura
  Unaccounted cash credit - addition u/s 68 made by observing that commodity profit earned by eight family members is income from undisclosed sources of the assessee - Held that:- When loans have been taken from the family members and which have been r.....
131 2015 (2) TMI 934 - ITAT AHMEDABAD
  Deputy Commissioner of Income Tax, Circle-5, Ahmedabad Versus Smt. Nita Madhu Patel
  Share transaction - long term capital gain v/s business income - revision u/s 263 - Held that:- The intention of holding shares for a long period as investment does not amount to business income. The CIT has also dropped the proceedings initiated u/s.....
132 2015 (2) TMI 933 - CESTAT MUMBAI
  Commissioner of Central Excise, Nagpur Versus Media World Enterprises
  Sale of space of advertisement services - Advertisement in publication KALDARSHIKA - Covered in definition of Book or a business directory, yellow page etc. - Held that:- As against the factual finding as recorded by the first appellate authority, w.....
133 2015 (2) TMI 932 - CESTAT NEW DELHI
  M/s. LD. Sharma And Co. Versus Commissioner of Central Excise And Service Tax, Jaipur-I
  Penalty u/s 76 & 78 - Suppression of facts - Whether there was suppression in declaring the receipt of taxable service tax and consequent short payment of service tax and consequently imposition of penalty under section 76 and 78 of Finance Act was j.....
134 2015 (2) TMI 931 - CESTAT MUMBAI
  Chanakya Mandal Pariwar Versus Commissioner of Central Excise, Pune-III
  Waiver of pre deposit - Commercial Coaching and Training Institute service - Imposition of interest and penalty - Held that:- The fact is that the applicant is running the courses recognised by the University have not been considered by the Revenue a.....
135 2015 (2) TMI 930 - CESTAT MUMBAI
  M/s. Shivang Automobiles Versus Commissioner of Central Excise, Nashik
  Goods Transport Agency - Authorised Service Station - Revenue have disallowed the input service credit on GTA service, holding that the input service is in respect of sales of motor cycles, which is a trading activity and not related to the servicing.....
136 2015 (2) TMI 929 - CESTAT CHENNAI
  R. Rajendran Versus Commissioner of Central Excise And Service Tax, Tirunelveli
  Waiver of pre deposit - construction of residential complex service - Held that:- Applicant was engaged in construction of residential complex for the Tamil Nadu Police Housing Corporation Ltd. under the Govt of Tamil Nadu - following the Tribunal.....
137 2015 (2) TMI 928 - BOMBAY HIGH COURT
  M/s. Ankita Impex Versus State of Maharashtra Through The Commissioner of Sales Tax
  Cancellation of registration certificate - whether the Tribunal is correct in holding that the Appellant has not done any genuine business of buying and/or selling goods but issued only bogus bills without considering and examining the facts of the t.....
138 2015 (2) TMI 927 - GUJARAT HIGH COURT
  State of Gujarat Versus Nishi Communication
  Adjustment of carried forward input tax credit - Whether the Tribunal has committed any error in law and in facts in deleting the interest and penalty or not - Held that:- As the demand is confirmed and the adjustment is permitted but the interest an.....
139 2015 (2) TMI 926 - GUJARAT HIGH COURT
  CVM Exports Versus Deputy Commissioner of Commercial Taxes
  Denial of balance 10% refund claim - 90% of provisional refund already granted - Petitioner did not apply for balance disbursement - Bar of limitation - Held that:- As such, when the refund to the extent of 90% was already made as a provisional refun.....
140 2015 (2) TMI 925 - MADRAS HIGH COURT
  M/s. Swathy Industry Versus Customs, Excise & Service Tax Appellate Tribunal
  Waiver of pre deposit - Clandestine removal of goods - Financial hardship - Held that:- Tribunal has considered the prima facie case and also the plea of financial hardship expressed by the appellant and taking into consideration the quantum of deman.....
141 2015 (2) TMI 924 - CESTAT NEW DELHI
  M/s. Okay Glass Industries Versus CCE, Kanpur
  Reversal of Cenvat credit in case of Common Cenvat credit - Manufacturing of dutiable as well as exempted articles - Retrospective amendment in Rule 6(3) of the Cenvat Credit Rules, 2004 - Commissioner in de novo proceedings could not go into questio.....
142 2015 (2) TMI 923 - CESTAT AHMEDABAD
  M/s Hindustan Gum & Chemicals Ltd Versus CCE Ahmedabad
  Merchant Overtime Tax Charges (MOT) - whether the applicant is required to pay the MOT charges (Merchant Overtime Tax) for the services rendered by the Departmental Officers (as Customs Officers) during office hours for any Customs examination/work i.....
143 2015 (2) TMI 922 - CESTAT NEW DELHI
  M/s. Ultratech Cement Versus Commissioner of Central Excise & ST, Ghaziabad
  Denial of Cenvat credit on capital goods and rent a cab service - denial on the premise that the said service does not qualify as input service as per Rule 2(l) of Cenvat Credit Rules, 2004 - Held that:- It is not in dispute that capital goods have n.....
144 2015 (2) TMI 921 - CESTAT NEW DELHI
  M/s. Asha Telecom P Ltd Versus Commissioner of Central Excise Delhi IV
  Clandestine removal of goods - Mandatory penalty under section 11AC - Invocation of extended period of limitation - Held that:- It is the admission by the appellant that they have cleared inputs without payment of duty which resulted in shortage of.....
145 2015 (2) TMI 920 - CESTAT AHMEDABAD
  M/s. Jayesh P. Bhimani Versus Commissioner of Central Excise & ST., Ahmedabad
  Denial of CENVAT Credit - main noticee was purchasing cenvatable invoices from the registered dealers and availing cenvat credit thereof without receiving inputs in the factory premises - Penalty u/s 11AC - Held that:- penal provisions on the Respond.....
146 2015 (2) TMI 919 - CESTAT AHMEDABAD
  Bilag Industries Pvt. Ltd., Shri Pramod S. Patel Versus CCE Daman
  Denial of CENVAT Credit - CENVAT Credit paid on the Furnace oil used in generation of electricity cleared to other units - Held that:- The present show cause notice dt.10.09.2007 was issued for the period from March 2003 to November 2003. In my cons.....
147 2015 (2) TMI 918 - CESTAT AHMEDABAD
  M/s Shree Radhey Krishna Process and others Versus CCE Ahmedabad-I
  Clandestine removal of goods - Shortage of stock - Invocation of extended period of limitation - Held that:- This is a case of clandestine removal of goods. Therefore, the normal period of limitation would not be applicable. It is supported by the .....
148 2015 (2) TMI 917 - CESTAT NEW DELHI
  M/s Maruti Suzuki India Ltd. Versus Commissioner of Central Excise, Delhi-III
  Cenvat credit on Outdoor catering Service and House Keeping Service - Welfare activities as mentioned in agreement or Covered under Input service definition as activities relating to business - Held that:- In our view, just because the agreement ment.....
149 2015 (2) TMI 916 - CESTAT NEW DELHI
  M/s. Indian Hume Pipe Co. Limited Versus CCE. & ST. Jaipur-II
  Duty demand u/s 11D - Collection of excess duty from customer which was not mentioned in the invoice - whether the appellant have collected from their customer (PHED) an amount of ₹ 1,72,80,890/- towards excise duty which is excess of the excis.....
150 2015 (2) TMI 915 - CESTAT CHENNAI
  M. Kumarasamy Versus Commissioner of Customs, (Imports) Chennai
  Abatement of offence by exporter - held that:- Since the amount involved is well within the threshold monetary limit for entertaining the appeal before Tribunal, the appeal is dismissed under proviso to Section 129A (1) of the Customs Act, 1962 as no.....
151 2015 (2) TMI 914 - CESTAT KOLKATA
  M/s. Bharat Enterprises, M/s. Imperial Infotrade, M/s. Veekay Trading Corporation Versus Commissioner of Customs (Airport & Admn.), Kolkata
  Waiver of penalty - Benefit under DFIA scheme announced in Foreign Trade Policy - License on the basis of exports - Dispute in export quantity - Held that:- The Applicant are claiming benefit under DFIA scheme on the basis of exports made by them aga.....
152 2015 (2) TMI 913 - CESTAT MUMBAI
  AGM (ADMN) AND WESTERN TELECOM PROJECTS Versus COMMISSIONER OF CUSTOMS AIRPORT, MUMBAI
  Restoration of appeal - Appeal dismissed for COD clearance - Held that:- Even though in terms of the apex Court order, permission from CoD is not required for pursuing the appeal before the appellate Tribunal, it has been held in a number of judicial.....
153 2015 (2) TMI 912 - CESTAT NEW DELHI
  M/s. PT. Asahimas Chemicals Versus Designated Authority/ Ministry of Finance
  Levy of anti dumping duty - imports of caustic soda - extension of duties on the exports made by the appellant from Indonesia - sunsut review - Whether the Designated Authority was correct in rejecting the exports made by the appellant during the pe.....
154 2015 (2) TMI 911 - BOMBAY HIGH COURT
  The Commissioner of Income Tax-8 Versus M/s. Kayfab Enterprises Pvt. Ltd.
  Project management fee - ITAT deleted dis allowances - whether fees accrued in the preceding assessment year i.e. 2006-07 not allowable to the assessee in A. Y. 2007-08 under the mercantile system of accounting? - Held that:- CIT( A) and the Tribunal.....
155 2015 (2) TMI 910 - DELHI HIGH COURT
  THE COMMISSIONER OF INCOME TAX-TDS Versus MORADABAD TOLL ROAD COMPANY
  Proceeding under Section 201 - whether barred by time? - Held that:- Section 201 itself was amended, by introduction of Section 201(1) (A), significantly that amendment was given irrespective effect from 01.04.1966. The Parliament consciously did not.....
156 2015 (2) TMI 909 - MADRAS HIGH COURT
  Commissioner of Income Tax Company Circle, Tirupur Versus Eastman Spinning Mills (P) Limited
  Entitlement to deduction Section 80IA - Held that:- All the business undertakings are wind mills and they have claimed the benefit of deduction under Section 80IA of the Income Tax Act for the assessment years in question and for the subsequent years.....
157 2015 (2) TMI 908 - DELHI HIGH COURT
  COMMISSIONER OF INCOME TAX-8 (ERSTWHILE CIT-III) Versus SUZUKI MOTORCYCLE INDIA LTD
  Penalty u/s 271(1)(c) - re-imbursement of expenses and claim for long term capital loss rejected ITAT deleted penalty levy - Held that:- As far as issue of reimbursement is concerned, the ITAT noticed that the above was based only on account of lette.....
158 2015 (2) TMI 907 - BOMBAY HIGH COURT
  Commissioner of Income Tax-8 Versus Shri Hariram Bhambhani
  Income from undisclosed sale - Tribunal upholding the order of the CIT(A) directing AO to tax 4% net profit on unaccounted sales of ₹ 35 lakhs - entire sales which are unaccounted cannot be undisclosed income of the assessee, particularly as th.....
159 2015 (2) TMI 906 - DELHI HIGH COURT
  Commissioner of Income Tax, Delhi Versus Satish Chandra
  Net profit addition - AO proceeded to work out "after rejection of the assessee's books of account" the gross profit rate at 5.35% and on that basis, determined the net profit to be 1.96% - based upon the previous year's assessments - Held th.....
160 2015 (2) TMI 905 - MADRAS HIGH COURT
  Commissioner of Income Tax, Salem Versus M/s. Indian Educational Trust
  Rejection of application u/s 12AA - Tribunal remanding the issue back to the CIT on non consideration of documentary evidences - Held that:- It is evident from the records that the main plea taken by the assessee/respondent herein before the Tribunal.....
161 2015 (2) TMI 904 - GUJARAT HIGH COURT
  DY. CIT (ASSTT) Versus AHMEDABAD ADVANCE MILLS LTD.
  Excise duty refund received - taxability u/s 41(1) - ITAT deleted the addition - Held that:- In view of the decision in the case of Polyflex (India) Pvt. Ltd. v. CIT reported in [2002 (9) TMI 4 - SUPREME Court] wherein, the hon'ble Supreme Court .....
162 2015 (2) TMI 903 - BOMBAY HIGH COURT
  GERA REALTY ESTATES Versus COMMISSIONER OF INCOME-TAX (APPEALS) AND OTHERS
  Stay of assessment order in pending appeal denied by CIT(A) - Held that:- The Assessing Officer and the Commissioner do not stay the order in appeal but only stay the demand issued consequent to the order which is in appeal. This only to ensure that .....
163 2015 (2) TMI 902 - DELHI HIGH COURT
  SHOWA CORPORATION Versus DEPUTY DIRECTOR OF INCOME TAX(INTERNATIONAL TAXATION) CIRCLE 3(2), NEW DELHI
  Extension of stay refused - ITAT refused to extend the stay citing section 254(2A) which enjoins that the interim relief granted not to exceed one year - Held that:- It is apparent that the ITAT was satisfied about the overall interest of justice whe.....
164 2015 (2) TMI 901 - GUJARAT HIGH COURT
  ACIT Versus GC. SHAH & CO.
  Surrender of sub-tenancy right - capital gain v/s casual income - Held that:- As decided in CIT v. D. P. Sandu Bros., Chembur P. Ltd. [2005 (1) TMI 13 - SUPREME Court] a tenancy right is a capital asset and its surrender would attract section 45 and .....
165 2015 (2) TMI 900 - ANDHRA PRADESH HIGH COURT
  The Director of Income Tax (Exemptions) Hyderabad Versus M/s Ramoji Foundation
  Registration u/s 12AA - Amendment of the trust deed - whether need not be made by approaching the appropriate civil court ? - Tribunal directing the DIT(E) to grant registration to the assessee-trust under section 12AA of the Income-tax Act, 1961 - H.....
166 2015 (2) TMI 899 - ITAT DELHI
  Louis Dreyfus Armateures SAS Versus ADIT Internatioinal Taxation
  Income from provision of seismic survey vessels on hire to CGG Services (erstwhile Compagnie General De Geophysique (CGG) / CGG Marine) - taxable under the provision of section 44BB of the Income Tax Act, 1961 OR as "royalty" under section 9(1 )(vi) .....
167 2015 (2) TMI 898 - ITAT MUMBAI
  DCIT, Cen. Cir-39, Mumbai Versus M/s. Pathik Constructions
  Undeclared income - CIT(A) directing AO to give credit of admitted undeclared income of ₹ 3,41,90,000/-(3,05,00,000/- + 36,90,000/-) shown in the return of income filed when the assessing officer has given due credit for the same while computin.....
168 2015 (2) TMI 897 - ITAT PUNE
  BNY Mellon International Operations (India) Private Limited Versus Dy. Commissioner of Income Tax,
  Transfer pricing adjustment - selection of comparable - Held that:- For M/s Accentia Technologies Ltd. has not been found to be comparable to a concern rendering IT enabled services. The arguments putforth by the TPO, which has been reiterated before.....
169 2015 (2) TMI 896 - ITAT LUCKNOW
  Dy. CIT-6 Kanpur Versus M/s Hans Metals Pvt. Ltd.
  Addition on lower Gross Profit rate - assessee has made purchase of raw material and sold finished goods to specified persons covered u/s 40A(2)(b) - CIT(A) deleted addition admitting additional evidence - Held that:- The Assessing Officer has made d.....
170 2015 (2) TMI 895 - ITAT LUCKNOW
  Dy. CIT Central Circle Bareilly Versus. M/s Goel Investments Ltd. Bareilly
  Disallowance u/s 14A - CIT(A) deleting the addition made u/s 14A on account of disallowance of expenditure incurred in earning dividend income - Held that:- Once the Assessing Officer has any reason to doubt the expenditures and is not satisfied with.....
171 2015 (2) TMI 894 - ITAT LUCKNOW
  Dy. CIT. Range-IV Lucknow. Versus M/s Scooters India Limited
  Additional deduction u/s 35(2AB) disallowed - no inhouse scientific research has been carried out by the appellant - Held that:- Merely getting approval from ARAI and purchasing certain material from the market cannot be said to be carrying out in-ho.....
172 2015 (2) TMI 893 - ITAT PUNE
  Smt. Ranjana P. Doshi Versus DCIT, Circle-2, Pune
  Capital gain - transfer of development rights in land near PARVATI, Pune - Held that:- The assessee has not given the possession of the property in question to the developer for F.Y. 2008-09 (A.Y. 2009-10) and hence, there is no transfer within the m.....
173 2015 (2) TMI 892 - ITAT BANGALORE
  ING Vysya Bank Ltd. Versus The Assistant Commissioner of Income Tax, Circle 11(3), Bangalore
  Write off of Non-Convertible Debentures - Held that:- Actual write off in the NCD account had taken place in this year. The claim of the assessee as made in the A.Y. 2000-01 and 2001-02 would be on the basis that there is a diminution in the value of.....
174 2015 (2) TMI 891 - ITAT BANGALORE
  Assistant Commissioner of Income-tax, Circle - 2(1), Bangalore Versus M/s. Corporation Bank
  Depreciation of valuation of investment portfolio - treatment to the investments held by the bank as stock-in-trade by CIT(A)- Held that:- As decided in assessee's own case for the assessment year 2004-05 assessee Bank is entitled to value all th.....
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