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  1. 2018 (6) TMI 898

    Validity of reopening of assessment - Scrutiny assessment u/s 143(3) - notice u/s. 143(2) was not issued to the assessee which is a mandatory requirement - Held that - AS relying upon the judgement in case of M/S. TINY GIRL CLOTHING COMPANY PRIVATE LIMITED, C/O JAYESH SANGHRAJKA & CO. LLP CHARTED ACCOUNTANTS VERSUS DCIT 2017 (12) TMI 1342 - ITAT MUMBAI where it is said that no valid issue of notice u/s. 143(2) is served in this case and conse....... + More


  2. 2018 (6) TMI 897

    Additions u/s 41(1) for cessation of liability - Held that - Neither the assessee nor the creditor have written off the liability from their Books of Accounts. In such circumstances simply because the liability is outstanding for quite some years the liability does not seize to exist - In the case of CIT v. Smt Sita Devi Juneja 2009 (12) TMI 34 - PUNJAB AND HARYANA HIGH COURT considering judgment of CIT v. Sugauli Sugar Works (P.) Ltd 1999 (2) TM....... + More


  3. 2018 (6) TMI 896

    Levy of penalty u/s 271(1)(c) - furnishing inaccurate particulars of income in respect of loss claimed on account of write off of investments - claim of expenditure which was not accepted or was not acceptable to the revenue - Held that - Assessee has furnished necessary details in respect of claim of loss on account of write off of investments in shares in return of income - assessee has claimed set off of such loss against long term capital gai....... + More


  4. 2018 (6) TMI 895

    Validity of reopening of assessment - disallowance of excess depreciation on building, plant and machinery and office equipment - reopening after 4 years - validity of reason to believe - Held that - AO clearly shows that the assessment originally completed in the case of the assessee under section 143(3) was reopened by him after the expiry of four years from the end of the assessment year under consideration without pointing out that any income....... + More


  5. 2018 (6) TMI 894

    Additions made u/s 40(a)(ia) - short deduction of tax at source - Held that - In the case of DCIT vs S.K. Tekriwal 2011 (10) TMI 10 - ITAT, KOLKATA , Hon ble Kolkata High Court has held that section 40(a)(ia) refers only to the duty to deduct tax and pay to government account also if there is any shortfall due to any difference of opinion as to the taxability of any items or the nature of payment falling under various TDS provisions, the assessee....... + More


  6. 2018 (6) TMI 893

    Disallowance made on account of peripheral development expenses - allowable busniss expenses - Held that - The expenditure on peripheral development was incurred by the assessee as a part of corporate social responsibility as per the scheme framed under the Companies Act - such expenditure was incurred by the assessee even in the earlier years and the same was allowed by the A.O. even in the assessment made u/s 143(3) BR BR CSR expenditure incurr....... + More


  7. 2018 (6) TMI 892

    Validity of reassessment proceedings u/s 147 - no notice u/s 148 on the deceased assessee or the sole legal hire of assessee - Held that - Proper notice u/s 148 of the Act for initiating reassessment proceeding is not a mere procedural requirement but the service of the prescribed notice on the assessee is a condition precedent to the validity of any of the reassessment made u/s 147 - thus in the instant case, no notice has ever been properly ser....... + More


  8. 2018 (6) TMI 891

    Additions u/s 69 - understatement of contractual receipts - undisclosed investments - Held that - AO had treated the contractual amount as one having no material component whereas the assessee had claimed that ₹ 44,16,544/- was material component in the bill raised against the said contractee - AO had not given any finding as to why he had treated the whole contractual amount as having no material component inspite of the assessee s said cl....... + More


  9. 2018 (6) TMI 890

    TDS u/s 194A - Disallowance of interest on account of non-deduction of TDS - assessee has deducted TDS on the interest expense to all the companies except in case of individual who had filed Form 15G/15H for non-deduction of TDS - Held that - Revenue has not proved that assessee has failed to furnish the Form 15G collected from the parties before CIT - we find support and guidance from the order of ITAT Delhi Bench in the case of Pragati Construc....... + More


  10. 2018 (6) TMI 889

    Allowability of expenditure - proof of commencement of business - Held that - It was noted that the issue of commencement of business was already settled by the ITAT in assessee s own case for AY 2007-08 2013 (1) TMI 964 - ITAT MUMBAI where it was held that business was very much in existing and, therefore, it cannot be said that there was no business activity carried out by the assessee. If by any reason in various other proceedings, where worki....... + More


  11. 2018 (6) TMI 887

    Additions made u/s 68 - credit entry in the assessee s bank account - cancellation of booking of flat - Held that - All the necessary papers and confirmations in this regard have been produced by the assessee and in the remand report, the AO has also not drawn any adverse inference in this regard - thus in these circumstances, in our considered opinion, there is no infirmity in the order of the ld. CIT(A) - hence addition is deleted - Decided in ....... + More


  12. 2018 (6) TMI 886

    Disallowance of labour charges - assessee violated the relevant statutory provision relating to PF & ESI Scheme in respect of the said workers - Held that - Assessee is a partnership firm, which is deriving income from execution of labour contract job - thus the major expenditure required to be incurred by the assessee to earn the said income was on account of labour charges - the major expenditure required to be incurred by the assessee to e....... + More


  13. 2018 (6) TMI 885

    Disallowance of exemption u/s 54F - can the assessee be denied the exemption u/s 54F when assessee failed to deposit unutilized funds in a capital gains account scheme before filing the return of income u/s 139(1)? - reopening of assessment - Held that - As assessee has not filed the return of income and filed the return of income only after receipt of notice u/s 148 of the IT Act but he has filed the return of income within the time allowed u/s ....... + More


  14. 2018 (6) TMI 884

    Validity of re-opening the assessment u/s 147 - non independent application of mind by AO - reopening on borrowed knowledge - Held that - The facts are similar to the facts before judgement of Hon ble Delhi High Court in Signature Hotels Pvt. Ltd. Vs. ITO 2011 (7) TMI 361 - DELHI HIGH COURT where it is held that there is no reference to the document or statement except the letter of the Investigation Wing, which has been quoted in the reasons. Th....... + More


  15. 2018 (6) TMI 883

    Disallowance of deduction u/s 80P - interest received on deposits with Sub Treasury - Held that - Assessee is a primary agricultural credit society registered under the Kerala Cooperative Societies Act 1969 - following the judgement of THE KIZHATHADIYOOR SERVICE COOP BANK LTD. VERSUS THE INCOME TAX OFFICER WARD 2 KOTTAYAM 2016 (7) TMI 1405 - ITAT COCHIN it is held that the investment in treasury/banks and earning interest on the same is part of t....... + More


  16. 2018 (6) TMI 882

    Higher depreciation rate claimed on transmit complete mixer and loaders and lower loader machine - whether Assessing Officer had rightly deleted assessee s higher depreciation claimed on both mixer as well as loader machine(s) in question? - Held that - We find no substance in its instant plea as it has already come on record that lower appellate finding(s) have duly considered the types of plant and machinery / vehicles in light of the relevant ....... + More


  17. 2018 (6) TMI 881

    Disallowance of share issue expenditure u/s 35D - Held that - Assessee was unable to bring any evidence to demonstrate that funds from increased share capital was used for extension of its existing industrial undertaking or spent in connection with the setting up of a new industrial unit - since the disallowance was made due to inability of the assessee to substantiate its claim, we do not find any reason to interfere with the orders of the lower....... + More


  18. 2018 (6) TMI 880

    Deduction u/s 10B - Disallowance of unabsorbed depreciation/losses of two exempted units from the profit of one other exempted unit u/s 10B - Held that - An identical issue has been adjudicated in favour of the assessee in assessee s own case in 2017 (4) TMI 1357 - ITAT DELHI where the judgment of the Hon ble Supreme Court in the case of CIT & Another Vs M/s Yokogawa India Ltd. 2016 (12) TMI 881 - SUPREME COURT held that the introduction of t....... + More


  19. 2018 (6) TMI 841

    Penalty under Section 271(1)(c) - whether the Assessee is guilty of concealment of income, which is deliberate - Additional income declared by the assessee by filing revised return consequent to notices u/s.143(2) and 142(1) - factual matrix - substantial question of law - Held that - There is no debatable question of law of substance necessary for determining the rights of the parties in the case. This is just a case where the question as to whe....... + More


  20. 2018 (6) TMI 840

    Doctrine of Merger - Issue of notice u/s 148 - disallowance of interest paid to banks - revision u/s 263 - Chnage of opinion - Held that - It can be construed to be Change of Opinion only when the same issue dealt with in reassessment is raised again in proceedings u/s 263 - thus relying upon the judgement in Sat Pal Aggarwal s case (COMMISSIONER OF INCOME-TAX VERSUS SAT PAL AGGARWAL 2007 (2) TMI 104 - HIGH COURT, PUNJAB AND HARYANA where it is h....... + More


  21. 2018 (6) TMI 839

    Disallowance of 50% of management charges u/s 44C - treatment as Head Office expenditure - Held that - While deciding identical issue in case of assessee s Group Company M/s. Lloyd s Register Asia (India Branch Office), in AY 2005 06, the Tribunal 2015 (6) TMI 423 - ITAT MUMBAI has held that management charges paid to the Head Office do not come within the purview of section 44C - thus following the aforesaid decision of the Co ordinate Bench, we....... + More


  22. 2018 (6) TMI 838

    Reopening of assessment - reason to believe - unexplained investment - Held that - For reopening assessment, AO is required to form a prima facie belief that income chargeable to tax has escaped assessment. In the instant case, the AO has got the information from the CBI, the other investigating agency, that certain investment was made by the assessee through Shri Navneet Kumar Singhania, local cash carrier in the Jagati Publications and this inv....... + More


  23. 2018 (6) TMI 837

    Validity of reopening u/s 147 - Disallowance of Commission payment - Held that - The commission paid to the same / similar parties was already disallowed in later years and the same was also got confirmed by the ITAT. Thus, there is no merit in the contentions that commission amount is eligible for deduction - thus we find that there is no merit in the contentions of assessee on the issue of reopening and also disallowing the claim of commission ....... + More


  24. 2018 (6) TMI 836

    Correctness of exemption claimed u/s 10(38) - LTCG on sale of shares - A.O disallowing the exemption claimed u/s 10(38) and treating the same as unexplained cash credit - whether the purchase of shares are bogus? - Held that - the facts are mutatis mutandis identical in the case of SMT. SARITA DEVI, AND SMT. NITIKA KUMARI VERSUS INCOME TAX OFFICER WARD-14 (5) , HYDERABAD 2017 (5) TMI 1111 - ITAT HYDERABAD treating the transactions as bogus, since....... + More


  25. 2018 (6) TMI 835

    Right to file an appeal before CIT(A) where the application for revision u/s 264 rejected by the CIT - Revisional jurisdiction of Commissioner - Whether the assessee can file an appeal before the appellate authority - Held that - Following the judgment of Madras High Court in COMMISSIONER OF INCOME TAX VERSUS D. LAKSHMINARAYANAPATHI 1998 (12) TMI 12 - MADRAS HIGH COURT it is held that even though for invoking revisional jurisdiction, it is a pre-....... + More


  1. 2018 (6) TMI 762

    Transitional Credit - carry forward of Credit - Post-GST implementation situation - Uttarakhand VAT Act - Whether Credit of Uttarakhand VAT paid on Construction material such as Cement, sand, steel etc. held in closing as on 30-06-2017 is allowed to be carried forward as transitional credit as Uttarakhand GST under GST regime? - If yes, then whether it is allowed when the assessee had opted for composition scheme under Uttarakhand VAT laws? BR BR....... + More


  2. 2018 (6) TMI 705

    Classification of goods - implants for joint replacements - rate of tax - whether the products get covered under Serial No. E(9) of List 3 of Entry 257 of Schedule I of Notification No. 0112017 - Central Tax (Rate) dated 28.06.2017 attracting GST at the rate of 5% or Serial No. 221 of Schedule II of the Notification No. 0112017 - Central Tax (Rate) dated 28.06.2017 attracting GST at the rate of 12%? BR BR Held that - The implants for joint replac....... + More


  3. 2018 (6) TMI 704

    Classification of goods - Lightning Arrester - Earthing Pipe - Solid Rod Earthing - Back Fill Compound - service of installation of Earthing System. BR BR Lightning Arrester - whether classified under Chapter Heading 8535 or otherwise? - Held that - The Tariff Heading 8535 covers the products Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, fuses, ....... + More


  4. 2018 (6) TMI 703

    Classification of goods - Lightning Arrester - Earthing Pipe - Solid Rod Earthing - Back Fill Compound - service of installation of Earthing System. BR BR Lightning Arrester - whether classified under Chapter Heading 8535 or otherwise? - Held that - The Tariff Heading 8535 covers the products Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, fuses, ....... + More


  5. 2018 (6) TMI 702

    Supply of goods - inter-state trade - Exemption from GST - outward supplies made to ocean going merchant vessels on foreign run, Indian Naval Ships and Indian Coast Guard Ships - Reverse charge - Whether appellant are exempted from tax under GST on their outward supplies made to ocean going merchant vessels on foreign run, Indian Naval Ships and Indian Coast Guard Ships or not? - If at all they are liable for GST on their outward supplies whether....... + More


  6. 2018 (6) TMI 687

    Anti-Profiteering - Non-discharge of GST - it has been alleged that Respondent had not charged GST on the base price of the lift ordered by him from the Respondent, after excluding the pre-GST Excise Duty on the material component and thus he had been charged tax twice on the same material - Held that - It is clear from the perusal of the record that the Applicant had paid advance for purchase of this lift and he was charged the Service Tax which....... + More


  7. 2018 (6) TMI 624

    Classification of goods - Ice Cream Making Machines - rate of GST - Whether the aforesaid goods fall under Chapter Heading 8438 of GST Tariff? - Whether the applicant is liable to pay GST at the rate of 18% on supply of goods in question? - Held that - It is evident that the Explanatory Notes for Tariff Heading 8418 includes ice-cream makers - It is also observed that in the First Schedule to the Customs Tariff Act, 1975, industrial ice cream fre....... + More


  8. 2018 (6) TMI 623

    Supply of goods - inter-state trade - Exemption from GST - outward supplies made to ocean going merchant vessels on foreign run, Indian Naval Ships and Indian Coast Guard Ships - Reverse charge - Whether appellant are exempted from tax under GST on their outward supplies made to ocean going merchant vessels on foreign run, Indian Naval Ships and Indian Coast Guard Ships or not? - If at all they are liable for GST on their outward supplies whether....... + More


  9. 2018 (6) TMI 622

    Classification of goods - Cereals, pulses, spices, copra, jaggery (Gur), groundnuts (with or without shell), groundnut seeds, turmeric dried and ginger dried (soonth), cashew, almond, kismis, jardalu, anjeer (fig), date, ambli foal - Whether all cereals, pulses, spices, copra, jaggery (Gur), groundnuts (with or without shell), groundnut seeds, turmeric dried and ginger dried (soonth), cashew, almond, kismis, jardalu, anjeer (fig), date, ambli foa....... + More


  10. 2018 (6) TMI 621

    Admissibility of Advance Ruling Application - High Seas Sales - place of supply - Whether the authority is within jurisdiction to admit application especially on the issue of place of supply ? - Whether the issue is related to Customs or is related to Goods and Services Tax? - Held that - The applicant is well aware that the issue is related to place of supply - the question raised in the application for advance ruling pertains to the Customs dom....... + More


  11. 2018 (6) TMI 620

    Release of detained goods - Section 129 of the CGST Act as also the Kerala SGST Act - Held that - An identical matter has been disposed of by a Division Bench of this Court in THE COMMERCIAL TAX OFFICER AND THE INTELLIGENCE INSPECTOR VERSUS MADHU. M.B. 2017 (9) TMI 1044 - KERALA HIGH COURT , directing expeditious completion of the adjudication of the matter and permitting release of the goods detained pending adjudication, in terms of Rule 140(1)....... + More


  12. 2018 (6) TMI 619

    Seizure of goods - non-payment of U.P.G.S.T. - inter-state transportation - Held that - appellant may seek instructions and file counter affidavit within a month - List immediately thereafter for admission/final disposal........ + More


  13. 2018 (6) TMI 560

    Rate of GST - poly propylene non-woven fabrics - Held that - The Test Report of the Centre for Biopolymer Science & Technology reveals that the product of the applicant i.e., non woven carry bag is made of polypropylene. In Customs Tariff Act, sacks and bags made of polypropylene strip or the like is classified under Chapter 63 of the Act. BR BR In the present case, since the sale value of non-woven carry bags made of polypropylene is less th....... + More


  14. 2018 (6) TMI 559

    Supply of services - Works Contract - determination of time of supply of services - scope of the word supply - Transitional Credit - credit of material bought in pre-GST era - post-implementation situation - Held that - A contract for any immovable property wherein transfer of property in goods is involved in the execution of such contract fall within the definition of works contract - The underground pipeline network created by joining the pipes....... + More


  15. 2018 (6) TMI 558

    Appealable Order or not? - seizure of vehicle passed by the authorities exercising jurisdiction under Section 129(3) of the Central Goods and Services Tax Act, 2017 - Section 107 of the Act - Held that - Section 107 of the Act allows any person aggrieved by any decision or order passed under the Act of 2017 or the State Goods and Services Tax Act to file an appeal before the appellate authority as may be prescribed. It appears that, the State has....... + More


  1. 2018 (6) TMI 857

    Rebate Claim - Sugar Cess - meaning of duty‛ explained in the N/N. 21/2004-CE (NT) - Rule 18 of CER, 2002 - CBEC vide its circular dt. 22.1.2007 - Held that - The Circular clarified as Since right from the beginning the objective of condition (v) was to debar the simultaneous availment of rebate of duty paid on the materials and the benefit of Advance Licence Scheme only (there was no bar in the said condition from availing of rebate of ter....... + More


  2. 2018 (6) TMI 848

    Liability of Customs Duty - Non-duty paid goods - Yellow peas - N/N. 84/2017 dated 08.11.2017 - it was alleged that the goods were assessed without payment of duty and a part of the consignment was already cleared - Held that - The goods imported by the appellant leer yellow peas enjoyed full exemption from duty before issue of Notification No. 84/2017 on 08.11,2017, Since the Bills of Entry in the present case were filed on prior entry basis, th....... + More


  3. 2018 (6) TMI 823

    Absolute Confiscation - Gold jewellery in question was not declared - whether the Gold Jewellery will be allowed to be re-exported - non-prohibited item - Held that - It is not the Revenue s case that the gold jewellery in question is prohibited item. In terms of the liberalized policy, jewellery can be brought and cleared on payment of duty. BR BR The only offence on the part of the respondent is that the jewellery in question was not declared b....... + More


  4. 2018 (6) TMI 822

    Benefit of N/N. 21/2002-Cus dated 01.03.2002 - import of Asphalt Hot Mix Plant - construction and maintenance of PMGSY Road in Raibareli and Barabanki district in the state of Uttar Pradesh - goods imported not used for intended purpose - violation of import conditions - Penalty - Held that - As per the conditions of the exemption notification, an importer can claim the benefit of exemption provided they are named as sub-contractor for constructi....... + More


  5. 2018 (6) TMI 821

    Principles of Natural Justice - non-grant of personal hearing - case of appellant is that the impugned order has been passed without giving them a copy of the test report of the samples drawn from the imported goods and without granting them cross examination - Held that - A perusal of the show cause notice shows that no reliance has been placed on the test report. While it is mentioned that samples were drawn, but there is no mention of any test....... + More


  6. 2018 (6) TMI 820

    Mis-declaration of imported goods - D. C. Defibrillators (DCD) with Standard Accessories - N/N. 21/2002-Cus dated 01.03.2002 - mentioning of wrong serial number of notification - case of Revenue is that the goods has been mis-declared by showing them for internal use whereas on going through the catalogue of the imported goods it was observed that the goods are for external use - demand of Differential duty - Confiscation - Penalty - Held that - ....... + More


  7. 2018 (6) TMI 819

    EOU/STP/EHTP scheme - import of Lead Acid Batteries - non-production of registration certification issued by the Ministry of Environment and Forest, Govt. of India to permit clearances - Held that - Only a person who imports lead acid batteries for the purpose of sale is required to furnish a certificate as provided under section 5 - The appellant has obtained certificate and intimated the department by filing a copy of the same. The appellant be....... + More


  8. 2018 (6) TMI 818

    Quantum of penalty u/s 114 of CA - The original authority had imposed penalty of ₹ 8,500/- under section 114 of the Customs Act, 1962 which was enhanced to ₹ 3,74,786/- by Commissioner (Appeals) - export of 24 cartons of goods of goat finished upper leather - it was reported that the samples do not satisfy the norms as there was absence of protective coating - Held that - Only in a few items the defect of not having protective coating....... + More


  9. 2018 (6) TMI 817

    Smuggling - eletronic goods - prohibited goods - personal baggage or not? - goods imported in Commercial Quantity - Baggage Rules - Absolute Confiscation - Penalty - Held that - There can be no doubt that the quantity of 1100 numbers of 1 GB RAMs, 201 numbers of 2GB RAMs, 50,227 numbers of Kingston 2 GB SD Micro Memory cards and 7097 numbers of PQ1 2 GB SD memory cards can by any stretch of imagination be considered as a normal personal baggage b....... + More


  10. 2018 (6) TMI 759

    Principle of merger - interim order merging with final order - Release of seized Gold - Held that - It is well settled that an interim order passed, merges with the disposal of the main case - In South Eastern Coalfields Ltd v. State of MP and Others 2003 (10) TMI 638 - SUPREME COURT OF INDIA , where it was held that The validity of an interim order, passed in favour of a party, stands reversed in the event of a final decision going against the p....... + More


  11. 2018 (6) TMI 742

    100% EOU - Goods consumed within EOU - levy of additional duty on the clearance of High Speed Diesel - N/N. 52/2003 dt. 31.03.2003 - Held that - The duty demand is not sustainable as the goods were not cleared outside EOU. The Goods are consumed within the EOU and hence there is no reason to demand duty. BR BR Reliance placed in the case of STI INDIA LTD. VERSUS COMMISSIONER OF C. EX., INDORE 2007 (10) TMI 482 - CESTAT, NEW DELHI , where it was h....... + More


  12. 2018 (6) TMI 741

    Suspension of CHA License - penalty u/s 114(i) of the CA 1962 - The allegation on the appellant is that they have not advised their client (exporter) regarding the prohibition of the goods, therefore they have violated the provision of CHALR, 2004 - Held that - No proceedings were carried out under CHALR 2004 for revocation of licence during the last 8 years. Even though this Tribunal has stayed the suspension of the licence ordered by the impugn....... + More


  13. 2018 (6) TMI 737

    Project Import - Concessional rate of duty - Regulation 7 of Project Import Regulations, 1986 - Held that - The installation of goods is of prime importance as the goods should be used for the intended project. In the present case the same has not been disputed by the revenue. Further the reconciliation statement gives all the details of the documents/ Bill of Entry even though the same was not submitted - The reconciliation statement, installati....... + More


  14. 2018 (6) TMI 735

    Exemption from BCD - N/N. 26/2000-Cus. dated 1.3.2000 - BCD paid under protest - The department has denied the concessional rate of duty on the ground that the respondent has not complied with the condition that they have not availed credit on inputs and capital goods - whether the respondents are eligible for the concessional rate of duty? BR BR Held that - Issue decided in the case of M/S SRF LTD., M/S ITC LTD VERSUS COMMISSIONER OF CUSTOMS, CH....... + More


  15. 2018 (6) TMI 727

    Duty Drawback - All Industry Rate (AIR) - Excise portion of AIR - FIBCs exported by the appellants - CENVAT credit used - whether the appellants will be entitled to AIR only for the customs component (in case Cenvat credit was used) or for the higher rate including the excise as well as customs components? - Held that - The circular has clarified the payment of drawback in respect of the goods which are purchased by merchant exporters from trader....... + More


  1. 2018 (6) TMI 732

    Oppression and mismanagement - application filed for waiver - application for waiver subject to the question whether (proposed) application under Section 241 relates to oppression and mismanagement - Held that - Except for appellants 2 and 3 none of the other shareholders can maintain an application of oppression and mismanagement. As per the judgment of Cyrus 2017 (9) TMI 1500 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI other minority s....... + More


  2. 2018 (6) TMI 679

    Serious fraud on the securities market - off-loading the fraudulently dematted excess shares of SCCL to innocent investors - whether SEBI has unduly favoured the violator who are found to have committed serious fraud on the securities market? - Held that - Issuing shares in excess of authorised share capital and further dematting those unauthorized excess shares and allowing those shares to be sold on-market to innocent investors is a serious fra....... + More


  3. 2018 (6) TMI 678

    Share Transfer and allotment legality to director - application of section 59 of Companies Act - Held that - The petitioner as well as the 2nd respondent are admittedly present during Board Meeting in question to transact the business of the Company. Accordingly the business of the Company was conducted duly following the above articles of Association of the Company. It is also relevant to point out here that the petitioner is not disputing the a....... + More


  4. 2018 (6) TMI 647

    Winding up of company - according to the petitioner, the allegation made by the company that the said memorandum of settlement is vitiated by any fraud or coercion or undue influence or that the said memorandum of understanding is not binding upon the company or that the latter paid ₹ 8.5 lakhs to the petitioner independent of the said memorandum of settlement or that after payment of ₹ 8.5 lakhs the company owes no money to the petit....... + More


  5. 2018 (6) TMI 85

    Transfer of cases - where an application under Section 230-232 of the Companies Act, 2013 can be filed if the registered office of two companies are situated within the territorial jurisdiction of two different NCLT Benches? - Held that - From clause (d) of Rule 16, we find that the Hon ble President of the NCLT has power to transfer any case from one Bench to other Bench when the circumstances are so warranted. The cases in hand circumstances wa....... + More


  6. 2018 (6) TMI 25

    Winding up recalled - compromise or arrangement with creditors and members - Held that - Section 391 of the Act deals with the power to compromise or make arrangement with creditors and members. This provision on its cursory reading by itself would reveal that it can have no application to the facts of this case where apparently even despite the publication of notice there are no other creditors apart from EDC and the State Bank of India and the ....... + More


  7. 2018 (6) TMI 24

    Tribunal s power to review its order - mistake apparent from the record - Held that - Tribunal in the order dated 29.05.2017 held that the question of limitation in this case is mixed question of fact and law. Delay aspect has to be considered at the final hearing, the authority of Ashok Kumar Khosla to file this petition is upheld subject to the challenge pending in other courts. This Tribunal also held that the controversy regarding convening o....... + More


  8. 2018 (5) TMI 1571

    Fraudulent issue of 6,715 Nos. of equity shares - direction to company as well as the office of the ROC not to give effect in the Company s records on fraudulent issue of shares and declare those shares as null and void - validity of Resolutions fraudulently passed by the respondent without the approval of the existing shareholders - regulation of the conduct of the Company s affairs in future. BR BR Whether in seeking relief from this Tribunal, ....... + More


  9. 2018 (5) TMI 1308

    Shareholders right to sell shares - Interim order dated 28-04-2016 passed by Hon ble Company Law Board questioned - change of shareholding pattern - Held that - The case on hand, Vadodara Stock Exchange Limited is a public limited company although it is not a listed company, Therefore, shareholders of Vadodara Stock Exchange Limited have got every right to sell their shares. BR BR The main objection of the original petitioner and respondent No. 7....... + More


  10. 2018 (5) TMI 1249

    Non filing Appeal within the time granted - extend the time granted for compliance given under sub-rule (2) to rule 26 of the NCLAT Rules, 2016 seeked - delay of one day - Held that - In the case on hand, the initial presentation of the appeal under Rule 22 on 02.04.2018 and the subsequent presentation after curing the defects on 11.04.2018 are well within the period of limitation of 45 days, even if the limitation is computed on the basis of the....... + More


  11. 2018 (5) TMI 997

    Rectification of the defects causing delay in presenting the Appeal - condonation of delay - Computation of period of limitation - computation of period of 45 days for filing the Appeal - Is the time given for complying the direction to cure the defects liable to be extended under sub-rule (3) to rule 26 of the Rules? - Held that - In the case on hand, the initial presentation of the appeal under Rule 22 on 19-02-2018 is within the period of limi....... + More


  12. 2018 (5) TMI 931

    Satyam Scam - Penalty for insider trading - Prohibition of Insider Trading Regulations, 1992 - appellant was roped in by the Whole Time Member of the SEBI as well as the Appellate Tribunal as he happened to be an executive director of SCSL from 1993 upto 31.8.2000 and a non-executive director from 1.9.2000 to 23.1.2003. He also happens to be the co-brother of B. Ramalinga Raju as the two of them have married two sisters - Held that - We are of th....... + More


  13. 2018 (5) TMI 734

    Oppression and mismanagement - Whether the prime property of the company was sold to R6 and R7 for lesser value than the original value for which it was purchased? - Held that - As per the sale deed dated 14.07.2000, the sale consideration was ₹ 9.85,400/- which is the registered value and subsequently the same property was purchased by the R6 and R7 for ₹ 21,22,500/- which is more than the registered value. The learned Counsel for R1....... + More


  14. 2018 (5) TMI 733

    Professional misconduct in relation to Company Secretaries in Practice - quantum of punishment - Held that - Disciplinary Committee has taken a different view in this case though the nature of professional misconduct relates to certification of Forms. BR BR After perusing all, we are of the considered view that punishment awarded to the Appellant in the present matter is certainly on the higher side, enormous and harsh in comparison with the puni....... + More


  15. 2018 (5) TMI 621

    Winding up petition - outstanding eligible debt - Held that - The settled legal position is that the debts claimed should be payable by the respondent company. It is only where the respondent company raises a bona fide dispute then no winding up petition would lie. BR BR As noted the respondent company has failed to show any bona fide dispute. Accordingly, admit the present petition and the Official Liquidator attached to this Court is appointed ....... + More


  1. 2018 (6) TMI 677

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


  2. 2018 (6) TMI 389

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


  3. 2018 (5) TMI 1531

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


  4. 2018 (5) TMI 1530

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


  5. 2018 (5) TMI 730

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


  6. 2018 (5) TMI 729

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


  7. 2018 (4) TMI 1342

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


  8. 2018 (4) TMI 1110

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


  9. 2018 (4) TMI 681

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


  10. 2018 (4) TMI 421

    Violation of Section 9(1)(e) of Foreign Exchange Regulations Act, 1973 - failure to comply with the mandatory requirement of Section 61(2) of FERA - Held that - The subject complaint was filed on 29.05.2002. Since petitioners were never granted an opportunity, as mandated by Section 61(2) of FERA, there is clearly a breach of the mandate of law. Since the requirements of Section 61(2) of FERA have not been complied with, reliance placed by the re....... + More


  11. 2018 (4) TMI 232

    Stay petition - Held that - This is is an arguable case on merits and hence cannot also be stated to be prima facie in their favour. They are accordingly required to pre-deposit the penalty of ₹ 10 lakhs within a period of four weeks from today failing which the appeal shall be disposed off as per the provisions of FEMA........ + More


  12. 2018 (4) TMI 162

    Order passed by an officer coram non judice - gross violation of the principles of natural justice. These orders have been passed without complying with the statutory requirements - Held that - Though a writ of certiorari can be issued by this court despite the presence of alternate and equally efficacious remedy, that is not a prohibition or rule, but a matter of prudence, still, whether to issue such a writ or not depends upon the facts and cir....... + More


  13. 2018 (3) TMI 1291

    Appeal for non-compliance of pre-deposit of penalty - Held that - All the information provided proves that the conduct of the appellant/his counsel has not been very honest and they have tried to misguide the tribunal. That they have failed to file a review petition within a reasonable time is apparent from above, and are now coming up with some ground or the other. The judgements relied upon by the learned counsel of the appellant during hearing....... + More


  14. 2018 (3) TMI 1251

    Public authority excluded from the purview of Right to Information Act - Held that - Section 24(1) of the Act expressly excludes intelligence and security organizations specified in the Second Schedule of the Act from the purview of the Act. Admittedly, the Directorate of Enforcement is included in the Second Schedule to the Act and, thus, cannot be called upon to disclose information under the provisions of the Act. The only exception carved out....... + More


  15. 2018 (3) TMI 1250

    Maintainability of Appeal under Section 19 of FEMA Act - Held that - Provisos to Section 19(1) of the Act, an appeal can be maintained/heard only when the issue of pre-deposit of penalty has been examined/addressed. BR BR In the instant case, the conditions for filing Appeal has not been satisfied as no penalty has been imposed in the absence of an order . As the provisions laid down in Section 19(1) of the Act have not been fulfilled, the appeal....... + More


  1. 2018 (6) TMI 872

    Corporate insolvency process - Whether in terms of Section 24(3)(c) of I&B Code, the Resolution Professional is required to give notice to Operational Creditors or their representatives to attend the meeting of Committee of Creditors? - Held that - Intention of the legislature is clear that the Committee of Creditors while approving or rejecting one or other resolution plan should follow such procedure which is transparent. Those who will watchin....... + More


  2. 2018 (6) TMI 859

    Corporate Insolvency Resolution Process - maintainability of application - neither the applicants were covered by definition of expression financial creditors nor the claimed amount could be regarded as financial debt - Held that - While resisting the admission of the petition learned counsel for the Corporate Debtor has raised the argument that for finalization of joint proposal with various customers the matter is also pending before Hon ble De....... + More


  3. 2018 (6) TMI 858

    Corporate insolvency process - existence of dispute - Held that - We find that in reply to demand notice under section 8(2) of the I&B Code , the Corporate Debtor by letter dated 22nd August, 2017 intimated that in terms of the agreement the amount has been paid. The Corporate Debtor also mentioned the defects and the counter claim. BR BR In view of the aforesaid existence of dispute , we are not inclined to interfere with the impugned order pass....... + More


  4. 2018 (6) TMI 853

    Resolution process initiated at the instance of the Resolution Professional - Whether the resolution professional exceeds his power in appointing professionals, outsourced the work in violation of circular No. IP/003/2018 issued by the IBBI and incurred exemplary cost in violation of any of the provisions of the Code and Regulations and circular? - Held that - Truly all the cost he spent out of resolution process must be ratified by the CoC and i....... + More


  5. 2018 (6) TMI 852

    Corporate insolvency process - whether 1st Respondent does not come within the meaning of Financial Creditor in terms of Section 5(7) and Section 5(8) of the I & B Code? - agreement for sale of flat reached between Corporate Debtor and the 1st Respondent - Held that - 1st Respondent - flat buyer accepts that the total amount has been paid back by the Appellant. The terms of settlement have been brought on record. Learned Counsel for the 1st R....... + More


  6. 2018 (6) TMI 851

    Corporate Insolvency Resolution Process - whether the Applicant answers the description of Financial Creditor and Financial Debt ? - Held that - The inflows and outflows are distanced by time and there is a compensation for time value of money. It is significant to notice that in order to satisfy the requirement of this provision, the financial transaction should be in the nature of debt and no equity has been implied by the opening words of Sect....... + More


  7. 2018 (6) TMI 850

    Corporate insolvency procedure - Held that - Corporate Debtor availed three credit facilities from the Respondent total amounting to ₹ 23,25,00,000/-. Total outstanding amount as on 31.07.2017 was ₹ 15,95,00,000/- when the Corporate Debtor declared NPA-07.09.2013 in December, 2015 quarter. There being the debt and Corporate Debtor having defaulted to pay the amount, we are not inclined to grant any relief in this appeal. The appeal is....... + More


  8. 2018 (6) TMI 849

    Corporate insolvency process - application rejected on the ground that the application is barred by limitation - Held that - Principle for triggering an application under Section 10 of the I&B Code cannot be made applicable as the Corporate Applicant does not claim money but prays for initiation of Corporate Insolvency Resolution Process against itself, having defaulted to pay the dues of creditors. BR BR In so far it relates to filing of claim b....... + More


  9. 2018 (6) TMI 846

    Corporate insolvency process - eligible debt - Held that - As admitted factual position thus emerges that the Debt as defined U/s 3(11) of The Code under consideration have been classified as Non-Performing Asset by the Consortium of Banks, listed hereinabove and there was a Default as defined U/s 3(12) of The Code of non-payment. Therefore, the basic requirement of Admission of an Application under Section 7 appears to be fulfilled for initiatio....... + More


  10. 2018 (6) TMI 845

    Initiating Corporate Insolvency Resolution Process - existence of operational debt - Held that - Here in this case the applicant claim refund of an advance with interest at 24% p.a. Admittedly there is no purchase agreement enabling the applicant to claim refund of advance in the case of failure of supply of materials or in case of shortfall of materials received by the applicant on account of the purchase orders issued by the applicant. The clai....... + More


  11. 2018 (6) TMI 844

    Insolvency Resolution Process - outstanding debt - satisfaction of the ingredients as provided under section 9(5) (i) of the Code - Held that - The operational creditor succeeds in proving that the application is complete, that there is no payment of the unpaid operational debt, that the demand notice has been delivered by the operational creditor, that no notice of dispute has been received by the operational creditor and that there is no discip....... + More


  12. 2018 (6) TMI 843

    Insolvency Resolution Process - discrepancies in the xerox copy of the account furnished - whether the handwritten additions and omissions are against the specific provisions of The Bankers Books Evidence Act, 1891 and therefore, such an account is liable to be rejected? - Held that - A certified copy of entry in a banker s books is to be regarded as prima facie evidence in all legal proceedings with regard to the existence of such entry. As evid....... + More


  13. 2018 (6) TMI 842

    Corporate insolvency resolution process - allegations against the resolution professional for not preparing Information Memorandum within 14 days of the first meeting of the COC as required by Section 25 (2) (g) of the Code - obligation on the ex-personnel of the corporate debtor, its promoter or any other person associated with the ex-management including ex-directors to extend all assistance and cooperation to the interim resolution professiona....... + More


  14. 2018 (6) TMI 763

    Corporate insolvency procedure - Moratorium period - Held that - Order of Moratorium will be applicable only to the proceedings against the Corporate Debtor and the Personal Guarantor , if pending before any court of law/Tribunal or authority but the will not be applicable for filing application for triggering Corporate Insolvency Resolution Process under Sections 7 or 9 or 10 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to a....... + More


  15. 2018 (6) TMI 734

    Corporate Insolvency Resolution Process - Resolution Plan already been approved - Held that - The order of Moratorium will be applicable to the proceedings against the Corporate Debtor and the Guarantor , if pending before any court. However, such order of Moratorium will not be applicable for triggering Corporate Insolvency Resolution Process under Section 7 or 9 of the Insolvency and Bankruptcy Code, 2016 against the Guarantor or the Personal G....... + More


  1. 2018 (6) TMI 899

    Business Auxiliary Services - amounts received from M/s Coca Cola Ltd. under the heads Sales Target Incentive - Held that - From the activities undertaken by the appellant, it is evident that they have not acted towards marketing and promotion or sale of goods produced by their client. At best it can be said that they have participated in promotion of the brand name of Coca Cola , Pepsi etc. Such activities cannot be brought under Promotion or Ma....... + More


  2. 2018 (6) TMI 879

    Service of notice - Time Limitation - Erection, commissioning and installation - Section 37 C (2) of the Central Excise Act, 1944 - Held that - The Order-in-Original dated 26.12.2011 was despatched by the Department through registered post. The Commissioner (Appeals) has taken the view that the Order has been properly served complying with the provisions of Section 37C - The appellant has not brought to our notice by means of any coherent evidenc....... + More


  3. 2018 (6) TMI 878

    Classification of Services - appellant was required to hire hydraulics escalators for removal of over burden, load the same into trucks/dippers and transport the same to the centralized gypsum grinding units at Rawla - whether the services fall under the category of Cargo Handling Services? - Held that - The adjudicating authority has proceeded with the adjudication of the case and appears to have examined only the contract/agreement executed by ....... + More


  4. 2018 (6) TMI 856

    Classification of Services - Business Auxiliary Service or Recovery Agent Service - appellant was a proprietary concern and was functioning as outsourcing agency for banks/ financial institutions - case of appellant is that they are not a commercial concern and therefore being an individual is not liable to pay service tax during the relevant period, prior to 1.5.2006 - Time Limitation - Held that - In the present case, though appellant is a prop....... + More


  5. 2018 (6) TMI 854

    Condonation of Delay of 47 days in filing appeal - time limitation - Held that - The legislature intended the appellant authority to entertain the appeal by condoning delay only upto 30 days after the expiry of 60 days, which is the normal period of preferring appeal - the appeal is rightly rejected - appeal dismissed - decided against appellant........ + More


  6. 2018 (6) TMI 847

    Valuation - inclusion of installation charges in assessable value - Demand of service tax on the whole composite amount (value of goods installation charges) - Held that - The appellant has discharged central excise duty on the whole amount. This being so, the differential demand of service tax confirmed on the basis that for a short period of three months i.e., from 8.12.2008 to 28.212009, the rate of service tax being higher than excise duty ap....... + More


  7. 2018 (6) TMI 814

    Refund of CENVAT credit - export of services - rejection on the ground that they had not debited the CENVAT credit amount from their books of accounts at the time of making the claim as required - It is further alleged that the refund claim amount was not reflected in the Service Tax returns filed by the appellant during the relevant period and the general ledger of the assesse to show that the duty has been debited cannot be considered as eviden....... + More


  8. 2018 (6) TMI 813

    Business Auxiliary Service - recovery of the Service Tax allegedly not paid by the appellant - Rate of tax - Held that - The rate of Service Tax has been reduced w.e.f 25/02/2009 and hence the appellant will be entitled to lower rate from that date - claim of appellant allowed. BR BR Service tax on Commission - case of appellant is that Service Tax amounting to about ₹ 5 Lakhs will not be payable since this pertains to the Commission amount....... + More


  9. 2018 (6) TMI 812

    Refund of unutilized CENVAT credit - Export of services - Rule 5 of Cenvat Credit Rules, 2004 readwith N/N. 27/2012-CE (NT) dated 18/06/2012 - Held that - The exporter has fulfilled the substantial conditions of the N/N. 27/2012-CE (NT) readwith Rule 5 and therefore the refund for accumulated Cenvat credits under Rule 5 of the Cenvat Credit Rules, 2004 need to be refunded to them - Since substantial condition of Rule 5 and N/N. 27/2012-CE (NT) ha....... + More


  10. 2018 (6) TMI 811

    Refund of service tax paid - services used in the export of their various export consignments - denial on the ground that the appellant/assessee is not registered with the Export Promotion Counsel which is the basic requirement under the Provision 2 (i) (B) of the N/N. 17/2009-ST dated 07/07/2009 readwith Section 11B of CEA 1944 - Held that - Since, the required registration-cum-membership certificate has been produced before us and we find a men....... + More


  11. 2018 (6) TMI 810

    Renting of immovable property - joint ownership - SSI exemption - Clubbing of clearances - threshold limit of ₹ 10 lakhs under SSI exemption N/N. 8/2008 dated 01/03/2008 in each case - Held that - The ownership title of the property which is on lease with M/s ICICI Bank Ltd. is individually in the name of the four appellants who has entered into a joint lease agreement with the tenant namely M/s ICICI Bank Ltd. and the amount of rent on mon....... + More


  12. 2018 (6) TMI 809

    Clearing and Forwarding Agency Service - whether the appellant-assessee, a Clearing and Forwarding agent have been rightly subjected to demand of additional Service Tax as short paid? - Held that - The appellant is not liable to service tax on the ground that the payments they have received on the pure agent basis by way of reimbursement of expenses incurred on behalf of the principal - the appellant is liable to pay service tax on the amount of ....... + More


  13. 2018 (6) TMI 808

    Jurisdiction - security agency service - cum-tax benefit - whether impugned adjudication order passed by Commissioner, Raipur which also determines liability for their office at Nowrozabad within Bhopal jurisdiction, whether the demand to that extent is without jurisdiction? - Held that - So far the demand raised in the impugned order relating to Bhopal Commissionerate, of the Amlai office of the appellant, in respect of services in the state of ....... + More


  14. 2018 (6) TMI 807

    Levy of Service Tax - certain receipts by the appellant, a dealer of motor vehicles, for the disputed period, under the fact that they have filed their ST-3 returns periodically and paid the admitted taxes - extended period of limitation - Held that - The appellant have made proper compliances by maintaining proper books of accounts, recording all the transactions and also filed their periodical returns, which have not been found to be untrue by ....... + More


  15. 2018 (6) TMI 806

    Classification of services - Appellant is engaged in conducting various courses some of which are approved by the AICTE or by Education Institute of American Hotel and Lodging Institute (EL AHLA) or by International Air Transportation Institute (IATA) - whether the services would be taxable under the head commercial coaching and training services or otherwise? - Held that - During the relevant period not only the degree/ diploma courses recognize....... + More


  1. 2018 (6) TMI 888

    Refund claim - provisional assessment - denial on the ground of unjust enrichment - whether unjust enrichment is applicable in the case of provisional assessment during the relevant period? - Held that - The duty paid is pertaining to the period December 1998. The same was paid on 05.06.1999. The assessment was provisional during the relevant period. There was no provision of unjust enrichment in the case of provisional assessment under Rule 9B. ....... + More


  2. 2018 (6) TMI 877

    CENVAT credit - common input services for manufacturing as well as trading activity - demand of 6% of the value of the said trading activity, in terms of provisions of Rule 6 (3)(i) of CCR - Held that - The appellants took a categorical stand before the lower authorities that they have reversed the proportionate credit of tax relatable to the trading activity, thus, not having any legal obligation to pay 6% of the value of said service - when the....... + More


  3. 2018 (6) TMI 876

    CENVAT credit - maintenance and repair service - royalty - denial on the ground that the said services were not used exclusively by the appellant in or in relation to their plant at Shahjahanpur but also related to other plants of Videocon group situated at different locations in India / or other manufacturers - Held that - Revenue has filed the present appeal in a mechanical manner without due application of mind. Infact, it no where stand conte....... + More


  4. 2018 (6) TMI 875

    Service Tax Credit - denial on the ground that same has been availed on the basis of photo copy of the invoices and the appellant has failed to produce the original copies - Held that - The credit of service tax paid on various services tax is available to the assessee subject to the conditions that the said services are duty paid services and stand utilized in the manufacture of their final product - The availment of the credit on the basis of o....... + More


  5. 2018 (6) TMI 874

    SSI Exemption - Scope of Rural Area - existence of unit in rural area - N/N. 8/2003-CE dated 1.3.2003 - It is submitted by the respondent manufacturer that admittedly the unit of the respondent falls outside the peripheral limit of cantonment area as such village Derathu falls under definition of rural area - whether the location of the factory of the manufacturer i.e. the Derathu village falls within the municipal limit of Nasirabad cantonment? ....... + More


  6. 2018 (6) TMI 873

    Clandestine removal - validity of RUD (relied upon documents) - The whole case of the department is based upon statement of Sh. Shivji Gupta dated 26.03.2008 - Cross-examination of witesses - uncorroborated statements - necessary infrastructure to manufacture copper ingots or rods from copper cathode - diversion of goods - burning loss - CENVAT credit on copper cathode denied - benefit of N/N. 56/2002-CE dated 14.11.2002 - Penalty - Difference of....... + More


  7. 2018 (6) TMI 871

    Valuation - inclusion of additional consideration of sales tax collected from the buyers and retained by them to the extent of sales tax liability - Held that - Identical issue decided in the case of SHREE CEMENT LTD. SHREE JAIPUR CEMENT LTD. VERSUS CCE, ALWAR 2018 (1) TMI 915 - CESTAT NEW DELHI , where it was held that There is no justification for inclusion in the assessable value, the VAT amounts paid by the assessee using VAT 37B Challans - a....... + More


  8. 2018 (6) TMI 870

    Valuation - inclusion of amount of VAT paid on subsidy in assessable value - Held that - Identical issue decided in the case of SHREE CEMENT LTD. SHREE JAIPUR CEMENT LTD. VERSUS CCE, ALWAR 2018 (1) TMI 915 - CESTAT NEW DELHI , where it was held that the incentive is in the nature of the subsidy which have been received from the State Government and therefore such subsidy cannot be considered as an additional consideration - appeal allowed - decid....... + More


  9. 2018 (6) TMI 869

    Extended period of limitation - case of Revenue is that the Appellant did not provide the documents, hence the extended period is invokable - Held that - Earlier also the Tribunal has remanded back the matter to consider the time bar issue, we find that the lower authorities should have considered the fact that the demand has been made on the basis of documents which were seized by the revenue way back in 95 and 96. Clearly the show cause notice ....... + More


  10. 2018 (6) TMI 868

    Dutiability on Waste - benefit of N/N. 6/2006 CE dt. 01.03.2006 - demand of duty on plastic waste contained in plastic granules and HDPE/ PP Ropes - Held that - The issue involved is squarely covered by the Tribunal order in case of M/s Bommilda Filaments Ltd. 2007 (9) TMI 140 - CESTAT, BANGALORE , where it was held that Exemption to Plastic ropes under N/N. 6/02 cannot be denied by saying that intermediate products are exempt from duty. BR BR Th....... + More


  11. 2018 (6) TMI 867

    Clandestine Removal - electrical transformers - non-existence of corroborative evidences - Held that - It has nowhere been established by the Department that the electrical transformers supplied by the appellant to M/s AVVNL were non-duty paid and clandestinely removed - the appellant has not or the requisite capacity to manufacture the required number of electrical transformers for which they have got an order of supply from M/s AVVNL, Ajmer. Fo....... + More


  12. 2018 (6) TMI 866

    Classification of goods - Wrap Knit Fabric - Revenue was of the view that the Warp Knit Fabric will be rightly classifiable not under CETH 6005, but under CETH 39269099 as an article of plastic - Benefit of N/N. 30/2004 dated 09.07.2004 (Sl. No. 15) - Held that - After perusal of the Section Note I(g) and (h) of Section Xl as well as the complementary note in Chapter 39, it can be concluded that the width of the tapes will determine the classific....... + More


  13. 2018 (6) TMI 865

    Valuation - bearings sold to distributors and stockists - Department was of the view that during the period of dispute, the various types of bearings manufactured and cleared for use in the automobile industry are liable for payment of excise duty on MRP basis in terms of Section 4A - Held that - It is seen that the issue whether ball bearings will be covered by the above description was a matter of doubt in the field which came to be clarified b....... + More


  14. 2018 (6) TMI 864

    Adjustment of short paid duty with excess paid duty - Held that - Identical issue has came up before the Tribunal in the case of M/s. Godrej Consumer Products Ltd. vs. CCE & ST, Indore 2017 (12) TMI 1091 - CESTAT NEW DELHI , where an identical issue has been considered by the Tribunal in the case of Essar Steel India 2016 (9) TMI 1175 - CESTAT NEW DELHI , in which the Tribunal held that duty paid in excess in certain months has been availed a....... + More


  15. 2018 (6) TMI 863

    Manufacture - activity of fabrication of storage tanks of various capacities - Held that - From the nature of the work in the appellant s factory, it is evident that the appellant has undertaken the activity of manufacture i.e. activity of converting steel sheets into the form of storage tanks. Storage tank is commodity which is liable for payment of excise duty under CETH 73090090 of the Central Excise Tariff. Consequently, the liability of exci....... + More


  1. 2018 (6) TMI 902

    Validity of Assessment Order - TNVAT Act - denial of Input Tax Credit - Stock Variation - Penalty u/s 27(3) of the Act - whether the manner in which the impugned Assessment made is legally sustainable? - Held that - The only reason given by the respondent for denying the Input Tax Credit on the said amount is that their selling dealers have not paid the tax collected from the petitioner into the Government Treasury. Thus, it is not on account of ....... + More


  2. 2018 (6) TMI 561

    Clarification on the rate of Tax - Centrifugal Monoblock Pumpset, Submersible Pumpset - Held that - Entry 26 of Part-B of the First Schedule to the TNVAT Act, 2006 reads as under (a) Centrifugal and Monoblock submersible pumpsets for water handling and parts thereof - 5% (Commodity Code 2026); (b) Pumpsets of 3 HP and 5 HP - 5% (Commodity Code 2026). BR BR It is clarified that Centrifugal and Monoblock Submersible Pumpsets for water handling are ....... + More


  3. 2018 (6) TMI 304

    Levy of sales tax - Inter-state transaction - Whether the Tribunal below ought to have considered the strong prima facie case in favour of the Revisionist in view of the inter-State nature of the transaction, Section 3 of the Central Sales Tax Act and the Specific bar contained in Section 7 of the U.P. VAT Act, the Constitution Bench Decision of the Supreme Court in Kone Elevator India Pvt. Ltd. v. State of Tamil Nadu and Ors. 2014 (5) TMI 265 - ....... + More


  4. 2018 (6) TMI 173

    Clarification for the rate of tax - Ready Mix Concrete - supply to SEZ - TNVAT Act - Held that - It is clarified that Supply of Ready Mix Concrete to SEZ is exempted from tax as per the terms and conditions laid down in G.O. Ms.No.193 dated 30.12.2006........ + More


  5. 2018 (6) TMI 112

    Appeal rejected as time barred - telecommunication services - taxability of rentals of the basic telephone as well as the supply of SIM cards - Held that - When substantial justice and technical considerations are pitted against each other, the cause of substantial justice deserves to be preferred, for the other side cannot claim to have vested right in injustice being done because of a non-deliberate delay. There is no presumption that delay is ....... + More


  6. 2018 (6) TMI 70

    Stay on Recovery of assessed tax - recovery actions initiated inspite of pending appeals and the applications for stay - Held that - Taking note of similar orders passed by this Court in analoguous situations, it is of the view that the petitioner can be given some respite from the rigor of recovery, at least until such time as his stay petition is considered by the 2nd respondent - the 2nd respondent are directed to take up, consider and pass or....... + More


  7. 2018 (5) TMI 1706

    Attachment orders - Forcibly collection of post-dated cheques by the Department at the time of search - Held that - The question of forcibly collecting cheques from dealers at the time of search operation has occupied the minds of this Court as well as other Courts on multiple occasions. The Courts have deprecated the practice of coercive recoveries, without any order of assessment or without initiation of assessment proceedings. There may be a g....... + More


  8. 2018 (5) TMI 1653

    Validity of SCN - time limitation - initiation of the proceeding by issuance of show cause notice - suo motu revision of original assessment order - whether the notices dated 14-7-2015 seeking to revise the original assessment orders dated 1-5-2009, 1-5-2010 and 22-1-2008, respectively was within the prescribed time period or not? - Held that - In the proviso (a) to sub-section (3) of Section 49 of the VAT Act an embargo has been created for the ....... + More


  9. 2018 (5) TMI 1652

    Revision of assessment - reversal of ITC - suppression of facts - Application of mind by AO - Held that - It is very rare feature that an assessing officer applies the mind to the judicial pronouncements and takes a proper decision, even at the pre-revision stage. This needs to be appreciated. However, in respect of the remaining defects, which were pointed out, the assessing officer has confirmed the proposal. If a little more effective exercise....... + More


  10. 2018 (5) TMI 1616

    Rectification of assessment order - The grievance of the petitioner is that certain amounts paid by the petitioner have not been given credit to in Exts.P1 to P4 modified assessment orders - Held that - the writ petition is disposed of directing the first respondent to take a decision on Exts.P5 to P8 applications within two months from the date of receipt of a copy of this judgment........ + More


  11. 2018 (5) TMI 1614

    Refund with interest - time barred deemed assessment - Held that - In the present case, the initial assessment order dated 26.3.2013 had been set aside which was sent by registered post bearing No. 2791 dated 10.12.2013 as per Annexure P.7 appended alongwith replication. The assessment order in pursuance of remand order passed on 29.12.2016 as per Annexure R.1 attached with the written statement, was clearly barred by limitation as it had not bee....... + More


  12. 2018 (5) TMI 1612

    Condonation of delay in filing appeal - grievance of the petitioner in the writ petition concerns the delay on the part of the appellate authority in taking a decision on Exts.P3 and P4 appeals - Held that - the writ petition is disposed of directing the appellate authority to pass orders on Exts.P5 and P6 applications preferred by the petitioner for condonation of delay in filing Exts.P3 and P4 appeals, within two months from the date of receipt....... + More


  13. 2018 (5) TMI 1611

    Principles of Natural Justice - it was alleged that the petitioner has not produced documents evidencing despatch of goods along with the Form-F declarations as provided for under Section 6A of the Act - Held that - In so far as the assessing authority has no case that the petitioner has not produced the Form-F declarations in respect of the transactions, when it was found that the petitioner has not produced the documents evidencing despatch of ....... + More


  14. 2018 (5) TMI 1610

    Delay on the part of the appellate authority in disposing of Exts.P3 and P4 appeals - Held that - In so far as the delay in filing the appeals viz. Exts.P3 and P4 are only 32 and 29 days respectively, the writ petition is disposed of directing the appellate authority to condone the delay in filing the appeals and pass orders on Exts.P7 and P8 stay petitions preferred by the petitioner in the appeals........ + More


  15. 2018 (5) TMI 1609

    Delay of 68 days in filing the appeal - Held that - Since the delay in filing the appeal is only 68 days, having regard to the peculiar facts of this case, it is appropriate to dispose of the writ petition directing the appellate authority to condone the delay in filing the appeal and pass orders on the application for stay, within one month from the date of receipt of a copy of this judgment - petition disposed off........ + More


  1. 2018 (6) TMI 903

    Jurisdiction - appropriate forum to decide the issues concerning the mortgaged/secured property - Restrain the Bank from proceeding with the auction of the subject flat stood - Held that - Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, clearly bars filing of a civil suit - For, no civil court can exercise jurisdiction to entertain any suit or proceeding in respect of any mat....... + More


  2. 2018 (6) TMI 901

    Principles of Natural Justice - non-appraisal of evidences on record - dishonor of cheque - Money Lending Business - Held that - The learned trial Court has not appraised the entire evidence on record in a wholesome and harmonious manner apart therefrom the analysis of the material on record by the learned trial Court, suffers, from, a gross perversity or absurdity of mis-appreciation and non appreciation of evidence on record - appeal allowed........ + More


  3. 2018 (6) TMI 900

    Jurisdiction - whether the Court in such like cases can set aside the judgments of conviction and sentence where the petitioner has been charged under Section 138 of the Act? - Held that - Since, the petitioner has already paid the entire compensation amount, therefore, quashing of the complaint initiated at the instance of complainant/respondent No.1 would be a step towards securing the ends of justice and to prevent abuse of process of the Cour....... + More


  4. 2018 (6) TMI 816

    Validity of statutory demand notice dated 10.06.2016 - Held that - In this case, in the statutory notice dated 10.06.2016, the complainant has clearly given the description of the two cheques for ₹ 5 lakhs each. Of course, the complainant has added another cheque for ₹ 2 lakhs and has totally demanded ₹ 12 lakhs from the accused. However, in the complaint and in the sworn statement, the complainant has rested his case only on th....... + More


  5. 2018 (6) TMI 815

    Time Limitation of filing complaint - contention of the petitioners is that since the cheques were returned on 18.12.2009 and the complaint is filed only on 18.02.2010, the complaint is barred by limitation - Held that - The complainant has received intimation from the bank with regard to the dishonour of cheque on 18.12.2009. He has issued the first notice on 28.12.2009 and since the notice was not served to the accused, he issued another notice....... + More


  6. 2018 (6) TMI 346

    Drugs Trafficking - possession of contraband - Bail Application - Sections 21 and 22 of NDPS Act and Sections 307, 34, 427 of IPC - whether the recovery of contraband effected from the petitioner amounts to commercial quantity or otherwise? - Held that - Drug peddlers for a small monetary consideration make the youth to use drugs for a small time excitement/kick. The drug peddlers have successfully destroyed the social fabric of our society and l....... + More


  7. 2018 (6) TMI 13

    Inheritance of property - Execution of sale deed of subject properties in favor of appellant - HUF - defendant was not the sole owner of the subject properties but he was only a karta of the HUF which owned these properties - whether inheritance of property would construe HUF properties or self acquired properties? - Held that - Since Sh. Prithvi Singh/late defendant no.1 inherited the properties from his father Sh. Ram Singh in the year 1943, in....... + More


  8. 2018 (5) TMI 1368

    Partition and separate possession of suit properties - concept of ancestral property - whether the appellants were entitled to claim partition in ancestral property in view of the amendment in the Hindu Succession Act, 1956 by adding Section 29-A vide Chapter II-A under the heading of Succession by Survivorship? - Held that - On a plain reading of the newly added provision i.e., Section 29-A of the Act, it is evident that, inter-alia, daughter of....... + More


  9. 2018 (5) TMI 1241

    Validity of E-auction Sale - validity of Notice issued under Rule 8 (6) of the Rules, 2002 dated 23-09-2016 and 03-11-2016 issued by the Respondent Bank against the alleged secured assets - petitioners argue that the writ petition is maintainable as the statutory alternative remedy proved to be ineffective and that pendency of the same would not bar his clients from invoking the extraordinary jurisdiction of this Court under Article 226 of the Co....... + More


  10. 2018 (5) TMI 1140

    Non-compliance with pre-deposit - whether the order of the National Company Law Appellate Tribunal dismissing the main appeal itself of the appellant herein for non-compliance of the direction to deposit the amount as a condition for grant of stay, is justified and legal? - section 53B of the Competition Act, 2002. BR BR Held that - provisions of Section 53B of the Act confers a right upon any of the aggrieved parties mentioned therein to prefer ....... + More


  11. 2018 (5) TMI 1065

    Interim bail - Sections 21/25/29 NDPS Act - smuggling of heroin - bail is sought on the ground that the wife of the petitioner is unwell and the family of the petitioner comprises of his aged father, wife and eight children - Held that - States report has been filed, which though does not confirm that the wife of the petitioner has tuberculosis, however, confirms the structural picture of the parental house of the petitioner. The picture depicts ....... + More


  12. 2018 (5) TMI 1064

    Bilateral investment treaty arbitrations - Jurisdiction and approach of National Courts or on the nature of arbitrations under such treaties - As the number of investment treaty arbitrations have grown, concerns over the investment treaty system have arisen. These concerns include a perceived deficit of legitimacy given that States are being judged on their conduct by private non-elected individuals. Concerns have also arisen in respect of incons....... + More


  13. 2018 (5) TMI 1063

    Surrender of license to sell Liquor - Recovery of licence fee in addition to the basic licence fee consequent to surrender of licence for country made liquor by the petitioner - contention of the learned counsel for the petitioner is that as a result of surrender of such licence all that can be forfeited/ recovered from the petitioner is the basic licence fee and security amount and not the fee payable by him in respect of the Monthly Minimum Gua....... + More


  14. 2018 (5) TMI 991

    Recovery of amount for supply of goods to partnership firm - the only ground urged before this Court in this appeal, was that the goods which were supplied by the respondent no.1/plaintiff to the appellants/defendant nos.1 and 3 were defective and hence the respondent no.1/plaintiff was not entitled to the amount - Held that - neither in the leave to defend application nor in this Court documents have been filed showing any RFA No.401/2018 Page 5....... + More


  15. 2018 (5) TMI 990

    Entitlement to Executive Car Facility - petitioner-Kulranjan Toppo is holding the post of DGM (IT) in the Grade Pay of ₹ 7600/- and petitioner-Sunil Dwivedi is holding the post of DGM (Finance) in the same Grade Pay - Held that - All that is required as per respondent s Executive Car Policy (Annexure-4) is that the concerned Officer has to be DGM (M3a). It is not the case of respondent that petitioners are not DGM (M3a). It is matter of rec....... + More


 
 
 
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