Tax Management India .com TMI - Tax Management India. Com   
 
 

Recent Case Laws
 

Last 5 days 10 days 15 days Order By:


1 2015 (4) TMI 937 - CESTAT MUMBAI
  Singh International Versus Commissioner of Customs (General), Mumbai, Polyglass Acrylic Mfg Co. Pvt Ltd Versus Commissioner of Customs (Import), Mumbai
  Denial of refund claim - SAD - Notification no. 102/2007 dt.14.09.2007 - Claim filed with wrong jurisdiction officer - Held that:- notification does not requires the claim to be filed with the jurisdictional customs officer, who, in this case, was th.....
2 2015 (4) TMI 936 - SUPREME COURT
  M/s Cochin Port Trust Versus State of Kerala
  Taxability of Trust as a dealer under Kerala General Sales Tax Act, 1963 - Activities carried out by trust like dealing in scrap items etc., other than its statutory functions - Trust is a statutory authority constituted for rendering port services u.....
3 2015 (4) TMI 935 - MADRAS HIGH COURT
  M/s. Interfit Techno Products Ltd. Versus The Principal Secretary/Commissioner of Commercial Taxes, The Assistant Commissioner(CT) (FAC)
  Validity of circular directing to reverse the credit to the extent of waste - TNVAT - Demand of VAT on the invisible loss of yarn emerging during manufacturing process - Refund was vat credit was claimed on export - Circular No.22/2011 dated 20.10.20.....
4 2015 (4) TMI 934 - ALLAHABAD HIGH COURT
  M/s. Kisan Sahkari Chini Mills Ltd. Versus Commissioner of Commercial Tax & Another
  Waiver of pre deposit - It is contended by the petitioner that the Tribunal has ignored from consideration the strong prima facie case in favour of the petitioner - O.C. Stamps were not affixed on Form E - Held that:- petitioner has placed reliance o.....
5 2015 (4) TMI 933 - PUNJAB & HARYANA HIGH COURT
  M/s Harsaran Dass Sita Ram Versus Commissioner of Central Excise, Panchkula
  Denial of Cenvat credit - Contravention of Rule 57 AB, 57 AC and 57 AE of the Central Excise Rules, 1944 - Availment of Cenvat credit without receiving goods - Held that:- The respondent, unearthed a fraudulent availing of MODVAT/CENVAT credit based.....
6 2015 (4) TMI 932 - CESTAT NEW DELHI
  M/s Indian Oil Corporation Ltd. Versus CCE, Meerut – I
  Clearance of Aviation Turbine Fuel from Unregistered export warehouse - Amended Notification No. 47/01-CE (NT) dated 26/6/01 allows removal of petroleum products without payment of duty for export warehousing - Held that:- The appellant have a wareho.....
7 2015 (4) TMI 931 - CESTAT NEW DELHI
  M/s. Ellora Steels, Sh. Raj Kumar, Partner Versus CCE. Chandigarh
  Rerolling process of the hot roll flat bars - Classification of process as hot rolling or cold rolling - Manufacturing activity or not - Held that:- Merely on the basis on the types of customers who were buying the products or the statements of the .....
8 2015 (4) TMI 930 - CESTAT AHMEDABAD
  CCE. & ST. -Vadodara-i, Taj Haberdashery Products Pvt Ltd Versus Taj Haberdashery Products Pvt Ltd, CCE. & ST. -Vadodara-i
  Benefit of SSI exemption Notification No 9/2003-CE dtd 1.3.2003 - assessee cleared their products Zip Fasteners bearing brand name of MIG, GVM and TLR belonging to M/s Madura Coats Pvt Ltd to their own central depot - Held that:- Assessee manufacture.....
9 2015 (4) TMI 929 - CESTAT NEW DELHI
  Satya Prakash & Co. Versus CCE, Lucknow
  Rejection of rebate claim - Pan Masala Packing Machines - Abatement claim on pro rata basis - Held that:- From the language of Rule 10 it is clear that for claiming abatement under Rule 10, there must be total stoppage of the machines which have to b.....
10 2015 (4) TMI 928 - CESTAT AHMEDABAD
  Shri Shivkumar Kaluram Heda, Shri Kaluram Ramdayal Heda, Shri Parmjit Singh Kakar, M/s Vipul Copper Pvt. Ltd, Shri Natubhai Patel, Shri Navratan Lal Sharma, M/s Atlanta Electricals Pvt. Ltd. Shri Harshadbhai A. Mehta, CCE. & ST. -Vadodara-I Versus CCE. & ST. -Vadodara-I, M/s Atlanta Electricals Pvt. Ltd.
  Denial of CENVAT Credit - Bogus invoices - Held that:- Both the authorities below failed to appreciate that the Department had not provided the relied upon documents. On perusal of the Adjudication order, I find that the Adjudicating authority observ.....
11 2015 (4) TMI 927 - CESTAT MUMBAI
  Commissioner of Central Excise And Customs, Aurangabad Versus M/s Shalini Plywood Pvt Ltd
  SSI exemption - Use of old shareholder's brand name - penalty under Section 11AC - interest under Section 11AB - Held that:- Whole basis of the case that the brand name in question were earlier used by same company under different management and .....
12 2015 (4) TMI 926 - CESTAT MUMBAI
  Asiatic Gases Ltd. Versus Commissioner of Central Excise, Mumbai-III
  Valuation of goods - manufacture of acetylene gas - appellant also manufacture the same product on job-work goods, arrived at the assessable value on the basis of sale price provided by their principal, M/s. BOC Ltd. and discharged the excise liabili.....
13 2015 (4) TMI 925 - KERALA HIGH COURT
  M/s Royal Pluz Courier, M/s. Ruby Cargo Versus Union of India And Others
  Prohibition on trade - Denial to operate as courier service - cost recovery charges - It is stated that the appointment of the custodian for handling of courier cargo is a precondition prescribed by statute for allowing courier operations and hence, .....
14 2015 (4) TMI 924 - ALLAHABAD HIGH COURT
  Dhampur Sugar Mills Ltd., Mukul Sharma Versus Commissioner of Customs Ghaziabad
  Impoundation and confiscation of goods - Export of 2496MT sugar - 'Export Release Orders' not obtained - export obligation under 'Advance Authorization' scheme - Imposition of penalty - Held that:- assessee has hopelessly failed to .....
15 2015 (4) TMI 923 - MADRAS HIGH COURT
  MM HARTMANN AND OTHERS Versus THE COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, TUTICORIN
  Maintainability of petition - Alternate remedy - Held that:- When an alternative remedy is available, more particularly, in the cases of fiscal nature, invoking of the jurisdiction under Article 226 of the Constitution of India, is not permissible. I.....
16 2015 (4) TMI 922 - CALCUTTA HIGH COURT
  Globe Forex and Travels Limited Versus Siddharth Sett
  Application for winding up - Doctrine of equitable set-off - Company deposited entire disputed sum in court - Difference of Opinion - Matter referred to Hon'ble Chief Justice - Held that:- Controversy - Whether Winding up petition can be accepte.....
17 2015 (4) TMI 921 - SUPREME COURT OF INDIA
  INDIAN BANK Versus MANILAL GOVINDJI KHONA
  Sale of the mortgaged property - Condonation of delay in filing the Misc. Application - Rectification of recovery certificate - Contravention of the provisions of the DRT Act and the relevant rules applicable for sale of the property - Rejection of m.....
18 2015 (4) TMI 920 - ITAT PUNE
  Shivaji R. Pawar (HUF) Versus JCIT
  Penalty u/s.271D - acceptance of loan in cash - violation of the provisions of section 269SS - Held that:- Respectfully following the decision of the Hon’ble jurisdictional High Court cited in Madhukar B. Pawar [2008 (6) TMI 321 - BOMBAY HIGH COURT ].....
19 2015 (4) TMI 919 - ITAT HYDERABAD
  Planet Online Pvt. Ltd., Secunderabad. Versus Asst. Commissioner of Incometax, Circle – 16(3), Hyderabad.
  Transfer pricing adjustment - selection of comparable - Held that:- Infosys Technologies Ltd is not functionally comparable since it owns significant intangible and has huge revenues from software products. It is also seen that the break up of revenu.....
20 2015 (4) TMI 918 - ITAT MUMBAI
  M/s. Dystar India Pvt Ltd Versus Dy. Comm. of Income tax 8(1), Mumbai
  Claim of expenditure against payment of compensation - revenue expenditure or capital expenditure or otherwise - Short notice payment for termination of Toll Manufacturing Agreement - Held that:- The tax authorities must not look at the matter from t.....
21 2015 (4) TMI 917 - ITAT DELHI
  M/s. Mevron Projects Pvt. Ltd. (Amalgamated with Windchimes Constructions Pvt. Ltd.) Versus ACIT, Central Circel-21, New Delhi
  Initiation of proceedings u/s 153C of the Income Tax Act, 1961 - Company non-existent on account of its merger - Notice not served to amalgamated company - Held that:- In the present case it is an admitted fact that the assessee company amalgamated w.....
22 2015 (4) TMI 916 - ITAT DELHI
  Mentor Graphics (Noida) P. Ltd. Versus Dy. Commissioner of Income
  Transfer Pricing adjustment in relation to International Transactions - Inclusion of certain companies by TPO in the list of comparables for ALP - Denial of deduction u/s 10A of the Income Tax Act, 1961 - Held that:- The Mumbai Bench of the Tribunal .....
23 2015 (4) TMI 915 - ITAT MUMBAI
  DCIT Mumbai Versus M/s VHB Life Sciences Ltd.
  Addition u/s 69C of the Income Tax Act, 1961 on account of unexplained investments - Transactions recorded in regular books of accounts - Assessee paid taxes on profit earned on all transactions - No expenditure incurred or found incurred by the asse.....
24 2015 (4) TMI 914 - ITAT MUMBAI
  Smt. Anupama Jain Versus ACIT
  Penalty for undisclosed income u/s 271(1)(c) of Income Tax Act, 1961 - Explanation 5 to section 271(1)(c) does not cover any immovable property - Principle of ejusdem generis - Assessee fulfilled all the conditions specified in explanation 5(2) to se.....
25 2015 (4) TMI 913 - ITAT DELHI
  Income-tax Officer Versus Ravinder Pal Singh Gill,
  Calculation of Capital gain - Non consideration of the holding period of previous owner - Befefit of indexation - inherited the property - assessee entered into a collaboration agreement with a builder - assessee ground floor out of the building mad.....
26 2015 (4) TMI 912 - ITAT PUNE
  Maharashtra State Co-operative Versus The Income Tax Officer,
  Condonation of delay in furnishing the appeal - Mistake found in order of CIT appeal - Bonafide belief for not to claim deduction under section 80P of the Income Tax Act,1961, resulting in delay in appeal - Held that:- The assessee has in the appeal .....
27 2015 (4) TMI 911 - ITAT MUMBAI
  Goldman Sachs Services Pvt. Ltd. Versus Income Tax Officer, Ward 10(3) (3), Mumbai
  International transaction with Associated Enterprises - Adjustment in Arm length Price - Comparables rejected - Software Technology Parks of India Scheme - Short credit of TDS - Interest u/s 234B and 234C - Held that:- Eclerx Services Ltd. - The Bang.....
28 2015 (4) TMI 910 - ITAT PUNE
  Drilbits International Pvt. Ltd. Versus. The Dy. Commissioner of Income Tax,
  Levy of penalty under section 271(1)(c) of the Income Tax Act, 1961 - Concealment of particulars of Income - Concealment of income - Depreciation claimed on leasehold rights in land as intangible asset - Held that:- In view thereof, where the Tribuna.....
29 2015 (4) TMI 909 - ITAT MUMBAI
  The Addl. Commissioner of Income-tax Versus M/s. Intergold Gems Private Limited
  Dis-allowance of Interest expenses on borrowed fund - Utilisation of part borrowed funds to repay debts of sister concerns - TDS not deducted on reimbursement of expenses - Commission paid to specified persons u/s 40A(2)(b) - Held that:-The first iss.....
30 2015 (4) TMI 908 - ITAT BANGALORE
  Smt. Sajida Begum Versus The Income Tax Officer Ward 15(2) Bangalore.
  Exemption / eduction u/s 54F - more than one residential house - assessee claimed that old proerty was gifted to minor daughter through an oral HIBA - Validity of oral gifts - Held that:- An oral gift already made was reduced to writing at a later p.....
31 2015 (4) TMI 907 - ITAT LUCKNOW
  Income Tax Officer-1 Lucknow Versus M/s Raj Ganga Developers
  Denial of deduction u/s 80IB(10) - Unapproved project - Completion certificate not obtained - Dis-allowance of expenses on material consumed & Labour expenses - Unexplained and unreconciled differences - Held that - The Revenue is raising the issue r.....
32 2015 (4) TMI 906 - ITAT MUMBAI
  M/s. Amore Jewels P. Ltd. Versus DCIT 9(1), Mumbai
  Addition u/s 68 of the Income tax Act, 1961 - Unexplained share application money - Share application money received from outside India, credit worthiness of investor not established - Held that:- In respect of share application received from first f.....
33 2015 (4) TMI 905 - ITAT MUMBAI
  Swiss Re-insurance Company Limited Versus Dy. Director of Income-tax (International Taxation)
  DTAA between India and Switzerland - Existence of Permanent Establishment/Business connection in India - Taxability of business Income earned in India, by company incorporated outside India - Applicability of Interest u/s 234B - Held that:- The decis.....
34 2015 (4) TMI 904 - ITAT JAIPUR
  M/s KGNMMW. Educational research & Analysis Society, Jhalawar. Versus The ITO., Jhalawar.
  Delay in filing of appeal - Affidavit of Chartered Accountant for condone of delay in filing appeal submitted - Denial of exemption u/s 10(23C)(iiiad) to Society - Held that:- The affidavit and cavalier conduct of Shri Kaushal Agarwal, C.A. raises se.....
35 2015 (4) TMI 903 - ITAT LUCKNOW
  Shri Rajnish Tiwari, Lucknow. Versus ACIT., Central Circle-I, Lucknow.
  Appeal against validity of assumption of jurisdiction under section 153A - Additions in income on account of low house hold withdrawals & credit appearing in the capital account - Addition on account of waste material found - Held that:- We find that.....
36 2015 (4) TMI 902 - ITAT PANAJI
  Zuari Maroc Phosphates Ltd Versus The Commissioner of Income-tax Panaji Goa.
  Validity of Revision of assessment order - Both conditions i.e. Erroneous & prejudicial to the interest of revenue need to be fulfilled for order of revision - Dis-allowance of various expenses - Held that:- It is a settled law that for invoking the .....
37 2015 (4) TMI 901 - MADRAS HIGH COURT
  Sri Vari Enterprises Versus The Commercial Tax Officer
  Valuation of liability - No VAT was collected from the customers - Held that:- petitioner further submitted that if an opportunity is given to the petitioner, they would be able to convince the authority. The learned counsel for the petitioner furthe.....
38 2015 (4) TMI 900 - PATNA HIGH COURT
  M/s. Milith Karv Engineering And Trading Pvt Ltd Versus The State of Bihar And Others
  Denial of refund claim - Rejection on ground that petitioner failed to produce certain evidences, including chalan, cheque number/date as also contract agreement, purchase invoice and expenses made on labour and other expenses - Held that:- It is dif.....
39 2015 (4) TMI 899 - MADRAS HIGH COURT
  Tvl. RCI Logistics Pvt. Ltd. Versus The Deputy Commercial Tax Officer, Villupuram District
  Detention of goods - Goods not accompanied with transit pass - Demand of tax - Imposition of compounding fees - Held that:- Court in a series of writ petition, directed the goods to be released on payment of the tax component. - Writ Petition is disp.....
40 2015 (4) TMI 898 - MADRAS HIGH COURT
  Sambandam Siva Taxtiles (P) Versus The Assistant Commissioner(CT), Salem Rural Circle Salem.
  Reversal of Input tax credit - Non issuance of notice to petitioner - Violation of principle of natural justice - Held that:- While going through the averments and the contentions that are supported by the documents filed in the typed set of papers, .....
41 2015 (4) TMI 897 - CESTAT NEW DELHI
  GSC Toughened Glass Pvt. Ltd., Shri Sharanjit Singh Versus CCE, Jammu & Kashmir
  Demand of differential duty - Valuation of goods - inclusion of freight and transit insurance in the assessable value - Sale on FOR destination basis - Held that:- The appellant have certain quantum of sale on FOR destination basis in respect of whic.....
42 2015 (4) TMI 896 - CESTAT MUMBAI
  M/s Cadbury India Ltd Versus Commissioner of Central Excise, Mumbai-Iii
  Benefit of exemption Notification No. 15/2005-CE dated 02.05.2005 - Sale of Cocoa shells - Exciseability of by product - Held that:- cocoa shells arise during the manufacturing process of cocoa butter and cocoa powder. The appellant is not manufactur.....
43 2015 (4) TMI 895 - CESTAT NEW DELHI
  M/s. Man Industries (India) Ltd. Versus CCE. Indore
  Demand of differential duty - Suppression of value of goods - Inclusion of cost of cement coating and epoxy coating - Held that:- Cement coating had been got done by the appellant on job work basis through some job workers and the duty demand in resp.....
44 2015 (4) TMI 894 - CESTAT NEW DELHI
  M/s. Udaipur Pipes Pvt. Ltd., Manish Kala, Director Versus CCE. Jaipur-I
  Exemption under notification no. 6/2000-CE dated 01.03.2000, 3/2001-CE dated 01.03.2001, 6/2002-CE dated 01.03.2002 - whether the appellant for availing the exemption under notification no. 6/2000-CE, 3/2001-CE and 6/2002-CE were using fly ash to the.....
45 2015 (4) TMI 893 - CESTAT NEW DELHI
  M/s Rishi Bakers Pvt. Ltd., Shri Prakash Chand Talreja, Director, M/s Ramakrishna Bakers Pvt. Ltd., Shri Rajiv Talreja, Director, M/s Swati Biscuit Manufacturing Co., Shri Om Prakash Shyamdasani, Partner Versus CCE & ST, Kanpur
  Classification of goods - Marketability of product - Whether sugar syrup made by the appellant for captive use in the manufacture of exempted biscuits is chargeable to Central Excise duty under sub-heading 17029090 of the Central Excise Tariff - Held.....
46 2015 (4) TMI 892 - CESTAT NEW DELHI
  M/s. Shamli Paper Mills Ltd., Shri Vinay Bansal & Others Versus CCE-Meerut-I
  Exemption under notification 6/01-CE - Only one unit in working condition - Availment of exemption in respect of closed unit - Held that:- Tribunal in the earlier order had held that during the period of dispute, i.e., during period from September, 2.....
47 2015 (4) TMI 891 - CESTAT AHMEDABAD
  M/s Mahalaxmi Dyeing Mill, Shri Ramchandra Malchand Agarwal (Partner) Versus Commissioners of Central Excise, Customs and Service Tax-Surat-I
  Confiscation of seized goods and plant & machinery - Excess stock found lying in the factory - Demand of duty alongwith interest and penalty imposed on the basis of the pocket diary on Appellant No.1 - Fabricated evidence - Held that:- On perusal of .....
48 2015 (4) TMI 890 - CESTAT AHMEDABAD
  Temple Packaging Private Ltd. Versus Commissioners of Central Excise, Customs and Service Tax-Daman
  Cenvat credit of SAD - appellant was not liable to pay SAD - refund claim was rejected - appellant found that they are unable to utilise the amount in the EPCG licence as they were going to redeem the licence in a shorter period and therefore they ha.....
49 2015 (4) TMI 889 - SUPREME COURT
  Makhan Singh Versus State of Haryana
  Conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - Seizure of three bags containing commercial quantity of poppy husk - Held that:- Since the vehicle was searched and the contraband was seized from the vehicle, .....
50 2015 (4) TMI 888 - DELHI HIGH COURT
  M/s. Ravi Crop Science Versus Union of India & Others
  Confiscation of goods u/s 111 - Freezing of bank account - Smuggling of goods - Whether such freezing of bank account is confiscation/seizure of goods - Held that:- Without even the order / notice / direction of freezing of the account and without pr.....
51 2015 (4) TMI 887 - DELHI HIGH COURT
  Neelam Imports, Samridhi Overseas Versus Union of India And Others
  Provisional release of the goods - Import made by using other person's Import Export Code - Held that:- no reason as to why the provisional clearance should not be granted by the customs authorities in respect of the goods which are the subject m.....
52 2015 (4) TMI 886 - CALCUTTA HIGH COURT
  Syndicate Bank Versus The Official Liquidator (Shree Manjusha Paper Mills Limited) & Others
  Winding up - Claim of secured creditor rejected by Official Liquidator - Discriminatory treatment to one creditor - Held that:- In the present case, the earlier transferees were aware of the change. They agreed to the change, however, formality might.....
53 2015 (4) TMI 885 - ITAT MUMBAI
  Maharashtra Industrial Development Corporation Versus Dy. Director of Income(Exemption) -I
  Eligibility for exemption u/s 11 - whether the assessee is carrying on commercial activities and hence not eligible for exemption under section 11? - funds claimed to have been received on behalf of the Government of Maharashtra is taxable as income .....
54 2015 (4) TMI 884 - ITAT AHMEDABAD
  Shah Alloys Ltd. & Others Versus The JCIT & Others
  Dis-allowance of interest paid on borrowings u/s 36 - Interest free advances given to various parties - Direct nexus between the interest bearing loan taken by the assessee and the interest free advance given - Dis-allowance of expenditure u/s 14A - .....
55 2015 (4) TMI 883 - BOMBAY HIGH COURT
  Commissioner of Income Tax-10 Versus M/s. Onward E. -Services Ltd.
  Legality of allowing the claim for deduction by way of filing revised statement of income during the assessment proceedings - revenue contended that since the assessee has not claimed the deduction in its original return, the assessee cannot claim an.....
56 2015 (4) TMI 882 - BOMBAY HIGH COURT
  The Commissioner of Income Tax-12 Versus M/s. Sane & Doshi Enterprises
  Charge of rental income - business income or income from house property - Tribunal directing the Assessing Officer to tax the rental income as 'income from house property' and to allow deduction u/s 24 - ITAT allowed the claim of expenses of.....
57 2015 (4) TMI 881 - BOMBAY HIGH COURT
  Commissioner of Income Tax – 10 Versus M/s. Hindustan Construction Co. Ltd.
  Disallowance u/s 14A - Held that:- A judgment of a Division Bench of this Court in the case of Godrej & Boyce Manufacturing Company Limited vs. Deputy Commissioner of Income Tax [2010 (8) TMI 77 - BOMBAY HIGH COURT] wherein held that Rule 8D is prosp.....
58 2015 (4) TMI 880 - BOMBAY HIGH COURT
  Commissioner of Income Tax-6 Versus M/s. Hanil Era Textiles Ltd.
  Deduction u/s 14A - Held that:- We do not think, upon reading of the Tribunal's order, that it is vitiated by any error of law apparent on the fact of the record. It cannot be termed as perverse because in the return of income declaring total inc.....
59 2015 (4) TMI 879 - DELHI HIGH COURT
  Commissioner Versus Diamond Proteins P. Ltd.
  Unexplained investments - addition u/s 69C deleted by ITAT - Held that:- Since the substantial amounts to the extent of ₹ 45 lakhs were explained by the assessee, the view of the ITAT reversing the remission to the extent of ₹ 10,63,000/-.....
60 2015 (4) TMI 878 - ALLAHABAD HIGH COURT
  M/s Hardayal Charitable And Educational Trust Versus Commissioner Of Income Tax Agra
  Interim stay application - Held that:- It has been held by the Tribunal that the assessee was still in the process of constructing the building for charitable purpose. That he claimed that the order of the Assessing Officer treating the corpus donati.....
61 2015 (4) TMI 877 - BOMBAY HIGH COURT
  Prakash K. Kankariya Versus Joint Commissioner of Income Tax, Circle-2(2)
  Unaccounted cash - suppression of professional receipts - assessee took a plea that on the date of payment of the said amount to Shri Renavikar viz. 30th June, 2001, there was a cash balance in the books and to the extent of ₹ 10,22,850/-. Henc.....
62 2015 (4) TMI 876 - MADRAS HIGH COURT
  M/s. P&C Constructions P. Ltd. Versus The Joint Commissioner of Income Tax, Erode and Others
  Stay petition challenged - Held that:- It is not in dispute that at the time of rejecting the stay petition by the first respondent, the petitioner has made a statement before the authority that he is willing to pay the entire arrears amount in insta.....
63 2015 (4) TMI 875 - BOMBAY HIGH COURT
  Zulfikar Jeewanjee Moriswala & Anr. Versus Deputy Commissioner of Income Tax (TDS) 2(3), Mumbai & Ors.
  Return of Income not being accepted by system in view of non deposit of tax deducted at source by Respondent No.5. - Held that:- Today, Mr. Pinto, learned Counsel appearing for respondent on instructions states that the Respondent No.5 viz. M/s Vardh.....
64 2015 (4) TMI 874 - ALLAHABAD HIGH COURT
  M/s Sanjeev Agrawal Versus Income Tax Settlement Commissioner and another
  Additions on the basis of statement made u/s 133A - Bogus income - duplication of income - Statement made voluntarily by the petitioner under Section 133A retracted - Held that:- Admittedly, the petitioner's main income is generated from transpor.....
65 2015 (4) TMI 873 - KARNATAKA HIGH COURT
  The Commissioner of Income-Tax And Others Versus Sri Peter Kennedy General Manager (Operations) (Formerly Administrator For BGS Appollo Hospital), Appollo BGS Hospital (Unit of M/s Appollo Hospital Enterprise Ltd Chennai)
  Personal liability of administrator of trust for non deduction of tax at source - Principal Officers - 40% professional fee paid to consultants/doctors working in their hospital - whether action should have been initiated against M/s. Sri Adichunchan.....
66 2015 (4) TMI 872 - KARNATAKA HIGH COURT
  The Commissioner of Income Tax, Bangalore-III And Other Versus M/s Span Design And Development (P) Ltd.
  Power to transfer cases - order passed by the authorities transferring the file of the assessee to the Hyderabad - Held that:- Managing Director of the assessee has paid money for purchase of 10 plots, out of which, two are registered in his name and.....
67 2015 (4) TMI 871 - KARNATAKA HIGH COURT
  The Director of Income Tax, Exemption Versus Dakshina Kannada Koota Brahmanara Mitra Mandali
  Registration under Section 12A cancelled - examination of records shows that the Mandali has earned a huge net profit of ₹ 30,72,028/- for the assessment year 2008-09 and ₹ 42,23,142/- for the assessment year 2009-10 and activity carried .....
68 2015 (4) TMI 870 - MADRAS HIGH COURT
  Director of Income Tax Exemptions, Chennai. Versus M/s. Sri Arunachala Smaranamrutam Trust, Tiruvannamalai
  Entitlement to registration under Section 12AA - Held that:- Revenue would not be justified in refusing the grant of registration at the threshold. See Director of Income Tax Exemptions Versus M/s. Seervi Samaj Tambaram Trust [2014 (2) TMI 32 - MADRA.....
69 2015 (4) TMI 869 - KARNATAKA HIGH COURT
  Mysore Intercontinental Hotels Ltd. Versus Assistant Commissioner of Income-tax, Central Circle-1(2), Bangalore
  Bifurcation of income - Rental income - Tribunal treating 60% of his income as 'income from business' and 40% of the rental income as 'income from house property' - claim of the assessee is that the entire income is to be treated as i.....
70 2015 (4) TMI 868 - CALCUTTA HIGH COURT
  Kolkata Port Trust & Another Versus The Deputy Director of Income Tax (Exemption) -II, Kolkata And Others
  Applications for refund - period of limitation - Held that:- On consideration of Section 119(2)(b) of the said Act it is of the opinion that directions of the Board may be given in case of delayed application for refund. On the submission of Mr. Podd.....
71 2015 (4) TMI 867 - ITAT AHMEDABAD
  The ITO Versus Grace Casting Pvt. Ltd.
  Dis-allowance of commission payment - Dis-allowance of rent on DG set - Held that:- The Revenue had filed an appeal against the order of ld.CIT(A) in AY 2006-07 in ITA No.261/Ahd/2010 [2012 (11) TMI 160 - ITAT, AHMEDABAD], wherein identical ground ra.....
72 2015 (4) TMI 866 - ITAT DELHI
  ACIT Versus M/s Responsible Builders Pvt. Ltd.
  Reopening of assessment - Change in Opinion based on same set of facts - Held that:- The learned CIT(A) upheld the reassessment proceedings merely on the reasoning that the Assessing Officer had not assigned any reason for accepting the capital gains.....
73 2015 (4) TMI 865 - ITAT HYDERABAD
  M/s. Sree Satya Sai Transport Versus Income Tax Officer
  Revision of assessment order - CIT noticed huge amount of withdrawals/ payments by the party - Provisions contained u/s 263 cannot be used as a tool to start roving and fishing enquiry - Held that:- As submitted by the learned counsel for the assesse.....
74 2015 (4) TMI 864 - ITAT DELHI
  DCIT Versus Dashmesh Promoters & Development Pvt. Ltd
  Addition u/s 41(1) - unverifiable creditors - AO has made the addition invoking section 41(1) of the Act, when he found out through his inspector that the addresses of the sundry creditors were wrong; and neither the assessee could furnish the correc.....
75 2015 (4) TMI 863 - CESTAT CHENNAI
  M/s VODAFONE CELLULAR LTD Versus COMMISSIONER OF CENTRAL EXCISE, COIMBATORE
  Waiver of pre deposit - Telecommunication Service - service rendered by the applicant to their customers abroad for which they have paid the amount to the foreign telecom operators - Reverse charge mechanism - Held that:- Following decision of Vodafo.....
76 2015 (4) TMI 862 - CESTAT MUMBAI
  Neha Enterprises Versus CCE
  Waiver of pre deposit - Imposition of penalty - Invocation of section 80 - held that:- appellants have short-paid/evaded service tax, by reasons of fraud, and mis-representation of facts by filing false fabricated ST-3 returns, they are liable for pe.....
77 2015 (4) TMI 861 - MADRAS HIGH COURT
  M/s. Sri Agency Versus The Commercial Tax Officer
  Detention of goods - documents accompanying the goods are found to be defective - Held that:- Court has considered similar issue in [2015 (4) TMI 537 - MADRAS HIGH COURT] and [2015 (4) TMI 536 - MADRAS HIGH COURT] and passed an order directing the re.....
78 2015 (4) TMI 860 - MADRAS HIGH COURT
  JAYADURGA BATTERY SERVICES Versus THE COMMERCIAL TAX OFFICER, VRIDHACHALAM ASSESSMENT CIRCLE, CUDDALORE DISTRICT
  Suppression of production - Imposition of penalty - Data taken from departmental website - Held that:- When the respondent has referred to certain documents which has been taken from the departmental website, it is the duty of the respondents to furn.....
79 2015 (4) TMI 859 - MADRAS HIGH COURT
  AGENTS INTERNATIONAL Versus COMMERCIAL TAX OFFICER PEDDUNAICKENPET ASSESSMENT CIRCLE CHENNAI
  Reversal of credit - Opportunity of hearing - Appearance of petitioner on the basis of visitor's record - Held that:- Visitors book cannot be considered as an one for recording the personal hearing of the petitioner and it could be taken only as .....
80 2015 (4) TMI 858 - GUJARAT HIGH COURT
  RIYAZ TRADERS - THRO& 39; PROPRIETOR RIYAZKHAN R PATHAN Versus STATE OF GUJARAT & 1
  Demand of RTO Tax - RTO tax on the mobile crain - Held that:- When the Government was the owner of the showel crowler crain upto 14.11.2006, it is not appreciable how the petitioner shall be liable to pay the RTO tax for the period between 1.8.1995 a.....
81 2015 (4) TMI 857 - SUPREME COURT
  Commissioner, Customs And Central Excise, Aurangabad Versus M/s Roofit Industries Ltd.
  Valuation - non inclusion of freight, insurance and unloading charges - Evasion of central excise duty - place of removal of finished goods was different from the factory gate - Held that:- Most of the orders placed with the respondent assessee were .....
82 2015 (4) TMI 856 - SUPREME COURT
  M/s. KRCD. (I) Pvt. Ltd. Versus Commissioner Of Central Excise, Mumbai
  Valuation of goods - Inclusion of royalty amount - Manufacture of duplicate CD - Held that:- Section 4(1)(a) of the Central Excise Act will not apply for the simple reason that price is not the sole consideration for the sale as a master tape had to .....
83 2015 (4) TMI 855 - KARNATAKA HIGH COURT
  Commissioner of Central Excise, Bangalore Versus M/s. Araco Automative India Pvt. Ltd.
  Demand of interest - failure to pay fortnightly payment in terms of Rule 170G (1)(d) - absence of provision of law to raise interest - Held that:- Parliament, after taking note of this loophole has amended the law by inserting Section 11AA in the Cen.....
84 2015 (4) TMI 854 - CESTAT NEW DELHI
  M/s. Nova Iron and Steel Limited Versus CCE, Raipur
  Valuation of goods - whether the cost of gunny bags in which the Sponge Iron is packed in the cases in which the goods are dispatched by rail is includible in the assessable value or not - Held that:- There is no dispute that all the sales are at the.....
85 2015 (4) TMI 853 - CESTAT NEW DELHI
  CCE. Chandigarh Versus M/s. Surya Cotspin Ltd. M/s. Avinash Sales Corporation Shri Rajesh Kumar Goel M/s. Anand Nylons Industries M/s. BB. Rampaul & Company Sharma M/s. Goel Sons M/s. Vijay Anand Traders Shri Madan Lal M/s. Ultra Wear M/s. Arihant Yarn Agency M/s. Saurab Yar Agency M/s. Shiva Yarn House, Shri Praveen Kumar M/s. Goel Yarn Agency M/s. Surya Cotspin Ltd., Kailash Hosiery Company
  Clandestine removal of goods - parallel invoices - Duty evasion - Malafide intention - Preponderance of evidence - Held that:- Municipality record being public record proved the questionable modus operandi of the respondent manufacturer showing movem.....
86 2015 (4) TMI 852 - CESTAT NEW DELHI
  M/s Osaka Alloys and Steels Pvt. Ltd. Versus CCE & ST, Jammu & Kashmir
  Area based exemption in Jammu and Kashmir - application for fixation of special rate of value addition - alue addition of 36% specified in the exemption notification - Benefit of Notification No. 56/02-CE as amended by Notifications No. 19/08-CE dat.....
87 2015 (4) TMI 851 - CESTAT NEW DELHI
  M/s. Jai Maa Appliances (P) Ltd. Versus CCE Chandigarh
  Area based exemption - Manufacturing activity or not - Job work - Activity of winding the wire on the stator and thereafter were putting varnish on the wires wound on the stators, receipt of stamping rotors and electrical grade aluminum and also dies.....
88 2015 (4) TMI 850 - CESTAT NEW DELHI
  Nitin Enterprises Versus CCE, Jammu & Kashmir
  Validity of the amending Notification 19/08-CE dt.27.3.08 and Notification 34/08-CE dt.10.6.08 - Refund claim - whether the appellant would be eligible for full refund of duty paid through PLA in the manner specified in this notification or whether t.....
89 2015 (4) TMI 849 - SUPREME COURT
  MP. Steel Corporation Versus Commissioner Of Central Excise
  Condonation of delay - Power of Commissioner to condone delay beyond the period of 60 days plus 30days - Section 128 - Appeal was pursued before wrong forum - Held that:- On a plain reading of the provisions of the Limitation Act, it becomes clear th.....
90 2015 (4) TMI 848 - CESTAT CHENNAI
  M/s Nippon Sea Freight Systems, M/s. Arjun Chemicals Pvt Ltd, PL. Ganesan Versus Commissioner of Customs (Import), Chennai
  Waiver of pre deposit - Classification of goods - paper sizing chemicals - Revenue says that the goods imported were wax only - Classification under CTH 2914 1990 or CTH 3404 9090 - Held that:- it is proper that the appeals should be disposed expedi.....
91 2015 (4) TMI 847 - SUPREME COURT OF INDIA
  AC. Narayanan and Another Versus State of Maharashtra & Anr.
  Offence u/s 138 & 142 of the Negotiable Instrument Act - Dishonour of cheques - Compliant filed without power of attorney - Complaint filed with out proper authorization - Held that:- Appeal No.73 of 2007 - Case of A.C. Narayanan - In this case Magis.....
92 2015 (4) TMI 846 - SUPREME COURT OF INDIA
  UP. State Industrial Dev. Corpn. Ltd. Versus Monsanto Manufactures (P.) Ltd. & Anr.
  Transfer of company / shares without consent - change of hand of the asset including the land in question - Transfer of Interest in company - Non deposit of Transfer levy - Held that:- Monsanto Manufactures Private Ltd. - In the present case the e.....
93 2015 (4) TMI 845 - ALLAHABAD HIGH COURT
  The Principal Officer, LG Electronics Pvt. Ltd. Versus Asst. Commissioner of Income Tax And Another
  Reopening of assessment - non stating any failure on the part of the assessee to disclose complete and full facts/concealment of facts is bad as submitted by assessee - Held that:- It is in respect of items mentioned at serial no. 2 i.e. payments mad.....
94 2015 (4) TMI 844 - MADRAS HIGH COURT
  Commissioner of Income Tax Versus M/s. Kongoor Textile Process, Tirupur
  Entitlement to claim deduction under Section 80-IA - Held that:- The business undertaking of the assessee is wind mill power generation/hosiery goods, etc., and it has claimed the benefit of deduction under Section 80IA of the Income Tax Act for the .....
95 2015 (4) TMI 843 - CALCUTTA HIGH COURT
  United Credit Ltd. Versus CIT. - II Kolkata
  Business of advancing money and cash - capital asset v/s stock-in-trade - Tribunal held that the assesse was not engaged in the business of advancing loans and that money and cash was not its stock-in-trade was perverse and contrary to materials on r.....
96 2015 (4) TMI 842 - DELHI HIGH COURT
  Commissioner Of Income Tax (central) -III Versus Anshika Consultants Pvt. Ltd., Flex International Pvt. Ltd., Anant Overseas Pvt. Ltd., Apoorva Extrusion Pvt. Ltd., Anshika Investment Pvt. Ltd., AR. Leasing pvt. Ltd.
  Addition under Section 68 - addition set aside concurrently by the CIT (Appeals) and the ITAT - Held that:- The objective of Section 68 is to avoid inclusion of amount which are suspect. Therefore, the emphasis on genuineness of all the three aspects.....
97 2015 (4) TMI 841 - DELHI HIGH COURT
  HCL Technologies Versus Assistant Commissioner of Income Tax
  Benefits under Section 10A - Software Technology Park (STP) - Whether in the event of an assessee’s failure to avail the benefits of a statutory provision, such as Section 10A of the Act, creates an estoppel precluding it from availing such benefits.....
98 2015 (4) TMI 840 - BOMBAY HIGH COURT
  The Commissioner of Income Tax-8 Versus M/s. Lok Housing & Constructions Ltd.
  Bogus transactions - tribunal part deletion - whether the Tribunal lost sight of the legal provisions and particularly, Section 139(4) and Section 139(5) of the I.T. Act? - Held that:- If the Revenue is trying to show that the relevant transactions w.....
99 2015 (4) TMI 839 - BOMBAY HIGH COURT
  Commissioner of Income Tax-1 Versus M/s. Indian Rare Earths Ltd
  Adoption of value of closing stock - ITAT directing the Assessing Officer to adopt the value of the closing stock as declared by the assessee - Held that:- The objection raised by the assessee on account of the method of accounting is not justifiable.....
100 2015 (4) TMI 838 - BOMBAY HIGH COURT
  M/s Sterling Construction & Investments Versus Assistant Commissioner of Income Tax (Inv.) Cir 21(1), Mumbai
  Revision u/s 263 - whether the Order passed by the AO under Section 143(3) r.w.s. 144A was erroneous and prejudicial to the interest of the revenue? - whether compensation received by the Appellant as per the Consent Terms dated 19.08.1994 was on acc.....
101 2015 (4) TMI 837 - GUJARAT HIGH COURT
  Commissioner of Income Tax, Valsad Versus Parmar Builders & Developers
  Validity of the assessment proceedings under Section 158 BC - Held that:- As from the appraisal report in the case of Parmar Group prepared by ADIT (INV), Valsad, which was submitted through additional DIT(INV), Surat, and on perusal it appears that .....
102 2015 (4) TMI 836 - CALCUTTA HIGH COURT
  Duncan International Ltd And Others Versus CIT WB. - IV, Kolkata And Others
  Debt written off - Whether can be allowed to be deducted either in the assessment year 1980-81 or during the year 1984-85 as claimed by the assessee? - Held that:- Considering the assessment in the year 1980-81 is also open in the sense that the refe.....
103 2015 (4) TMI 835 - CALCUTTA HIGH COURT
  Late Sushil Modi Versus CIT., Central -II
  Treatment of cash deposits - unexplained cash credit by invoking provisions of section 69 - Held that:- In the case before us, the assessee admittedly made an investment of a sum of ₹ 2,01,000/- which was not disclosed by him in the returns fil.....
104 2015 (4) TMI 834 - GUJARAT HIGH COURT
  Pushpaben Chimanbhai Patel Versus Income Tax Officer (Intl Taxn) Or Her Successor
  Reopening of assessment - as per reasons recorded the assessee has purchased bonds / debenture of ₹ 50,00,000/- during the FY 2008-09 relevant to AY 2009-10. Also the assessee has claimed high value of refund for AY 2009-10 which requires to be.....
105 2015 (4) TMI 833 - GUJARAT HIGH COURT
  PRINCIPAL COMMISSIONER OF INCOME TAX 5 Versus ASHWIN KANTILAL RAVAL
  Bogus expenses - Indirect expenses including interest on Reliance Capital loan - ITAT deleted the addition - Held that:- CIT(A) has elaborately discussed the issue and has recorded that the assessee was involved in the business of “sub-letting” of pr.....
106 2015 (4) TMI 832 - GUJARAT HIGH COURT
  PRINCIPAL COMMISSIONER OF INCOME TAX 2 Versus J. UPENDRA CONSTRUCTION PVT. LTD
  Penalty imposed under Section 271(1)(c) - reopening of assessment - Held that:- In the present case, the Assessing Officer made additions with respect to the difference in the cost of construction based upon and/or relying upon the DVO's report i.....
107 2015 (4) TMI 831 - BOMBAY HIGH COURT
  M/s Alliance Space Pvt Ltd Versus The Income Tax Officer 6(1) (1), Mumbai & Others
  Reopening of assessment - nature of share application money received (the intrinsic value of the share in comparison to the excess premium received) is not substantiated by any cogent evidence as could be noticed from records - Held that:- The transa.....
108 2015 (4) TMI 830 - GUJARAT HIGH COURT
  PR. COMMISSIONER OF INCOME TAX AHMEDABAD Versus MATRUPRASAD C PANDEY
  Addition under Section 41(1) - ITAT deleted the addition - Held that:- In the present case there was no remission and / or cessation of the liability during the previous year relevant to the assessment year under consideration. As such, there is no r.....
109 2015 (4) TMI 829 - KARNATAKA HIGH COURT
  M/s The Totgars' Co-Operative Sale Society Ltd. Versus The Income Tax Officer, Ward-1, Sirsi
  Disallowance to deduct the cost and expenditure incurred in earning income under the head "income from other sources" - Held that:- Interest income earned by the appellant falls within the category of "other income" what falls for reconsideration is .....
110 2015 (4) TMI 828 - GUJARAT HIGH COURT
  PRINCIPAL COMMISSIONER OF INCOME TAX I Versus GIRISHKUMAR RAMANLAL CHOKSHI AND BROTHERS
  Addition on account of hedging loss treated as speculation loss - ITAT deleted part addition accepting additional evidence - Held that:- As before the learned CIT(A) the assessee filed the monthly purchase and sale quantity of gold on actual basis an.....
111 2015 (4) TMI 827 - PUNJAB & HARYANA HIGH COURT
  The Jagraon Rice Mills, Jagraon (Punjab) Through Its Partner, Sh Sanjeev Kumar Versus Commissioner of Income Tax, Ludhiana
  Unexplained investment in unaccounted purchases and unexplained cash credits introduced to make investment in unaccounted purchases - ITAT allowing the appeal against the order of the CIT (Appeals) who set aside the addition made by the A.O. - Held t.....
112 2015 (4) TMI 826 - GUJARAT HIGH COURT
  COMMISIONER OF INCOME TAX V Versus PURANMAL DHANUMAL SHAH
  Addition under Section 68 - interest eligibly paid on the said loans - ITAT deleted the additions - Held that:- From the assessment order, it appears that the Assessing Officer made the addition of ₹ 33,50,000/- under Section 68 by doubting the.....
113 2015 (4) TMI 825 - ITAT HYDERABAD
  M/s Shanti Transport Versus Income-tax Officer, Ward – 1, Kothagudem
  Revision of assessment order - CIT observed huge amount of withdrawn, transfers & receipts from different accounts - CIT must have strong material/evidence before him, which could indicate that non-consideration of those issues has not only made the .....
114 2015 (4) TMI 824 - CESTAT AHMEDABAD
  Elastimold India Pvt Ltd Versus Commissioners of Central Excise, Customs and Service Tax-VAPI
  Denial of CENVAT Credit - Insurance service - services availed by the appellant from the factory premises to the door steps of the customers - Whether Cenvat Credit of insurance services availed by the appellant from the factory gate till delivery of.....
115 2015 (4) TMI 823 - CESTAT NEW DELHI
  M/s. Kashyap Publications Pvt Ltd Versus Commissioner of Central Excise & Service Tax, Indore
  Penalty u/s 70& 77 - goods transport agency services - reverse charge mechanism - Held that:- It is admitted fact that on 13.1.12 appellant took registration and paid service tax along with interest, not for the period in question but for 2006 also. .....
116 2015 (4) TMI 822 - CESTAT MUMBAI
  Butibori Cetp Pvt Ltd Versus Commissioner of Central Excise, Nagpur
  Business Support Services - appellant is engaged in running a plant for treatment of effluent generated in the industrial area - Held that:- Demand confirmed against the appellant under the category of 'Business Support Services' for operatin.....
117 2015 (4) TMI 821 - CESTAT AHMEDABAD
  Banco Products India Ltd. Versus Commissioner of Central Excise, Customs & Service Tax, Vadodara-I
  CENVAT Credit - Reverse Charge Mechanism - Commission to agents outside India - Held that:- Appellant failed to establish that such commission agent involved in the activity sales promotion, as explained in the decision of the Hon'ble Gujarat Hig.....
118 2015 (4) TMI 820 - GUJARAT HIGH COURT
  WELSPUN CORP LTD THROUGH PRASHANT PANDYA PRESIDENT Versus STATE OF GUJARAT & 2
  Levy of tax with retrospective effect - Held that:- petitioner that the petitioner company started its factory at Anjar in the year 2004 and even obtained the sales tax registration in the year 2004 and therefore, they are not liable to pay the tax f.....
119 2015 (4) TMI 819 - RAJASTHAN HIGH COURT
  Addl. Commissioner (Legal), Commercial Taxes, Rajasthan, Jaipur Versus M/s Taluka Tent Decorators
  Whether the renting out of tents, cutlery, furnitures and carpets by a “tent house” is covered by the definition of sale in Section 2(35)(IV) of the Rajasthan Value Added Tax Act, 2003 and exigible to VAT levied under the Act of 2003 - Held that:- Ev.....
120 2015 (4) TMI 818 - RAJASTHAN HIGH COURT
  Assistant Commercial Taxes Officer Versus M/s Gora Mal Hari Ram Limited, Kotputali
  Imposition of penalty u/s 78(5) of RVAT Act - Evasion of duty - Held that:- Penalty has rightly been imposed by the learned AO and both the lower authorities i.e. DC(A) and Tax Board were not justified in deleting the penalty, in the light of the jud.....
121 2015 (4) TMI 817 - KARNATAKA HIGH COURT
  M/s Wipro Enterprises Ltd (Formerly Part of M/s Wipro Ltd) Versus The State of Karnataka, Represented By The Commissioner of Commercial Taxes
  Denial of input tax credit - Sale of furniture to third parties - Held that:- assessee has produced at Annexure-15, the particulars which according to the assessing authority was required to be furnished. Those particulars were not taken into conside.....
122 2015 (4) TMI 816 - SUPREME COURT
  Commissioner of Central Excise, Ahmedabad Versus M/s. Asarwa Mills And Others, M/s. Asoka Spintex Ltd And Others
  Valuation of goods - Captive consumption - Misdeclaration of value of goods - Non inclusion of value of administrative overheads, bonus, gratuity, interest, conversion charges and depreciation charges in the assessable value of the yarn - Held that:-.....
123 2015 (4) TMI 815 - SUPREME COURT
  Commissioner Of Central Excise Versus M/s. Andrew Yule & Co. Ltd.
  Denial of benefit of Notification No.10/97 CE dated 1.3.1997 - Non fulfillment of conditions of notification - equipments supplied to research institutions or universities, etc. for research purposes as well as non commercial research purposes. - .....
124 2015 (4) TMI 814 - SUPREME COURT
  Union of India Versus Dharampal Satyapal Ltd And Others
  Withdrawal of exemption notification in the North Eastern Region from goods under Chapter 21.06 (Pan Masala) and Chapter 24 (tobacco and tobacco substitutes), including cigarettes chewing tobacco etc. - Principle of promissory estoppel - Held that:- .....
125 2015 (4) TMI 813 - ANDHRA PRADESH HIGH COURT
  M/s K RAMA MOHANARAO & CO Versus UNION OF INDIA, MINISTRY OF FINANCE, NEW DELHI AND OTHERS
  Waiver of pre deposit - Constitutional validity of Amendment to Section 35F of the Central Excise Act, 1944 prescribing statutory pre-deposit of 7.5% / 10% and Circular No. 984/08/2014-CX - Held that:- on the date of initiation of proceedings the rig.....
126 2015 (4) TMI 812 - CESTAT NEW DELHI
  M/s. Slotco Steel Products (P) Ltd., Sh. Saurabh Khattar MD. Versus CCE. Delhi-I
  SSI Exemption - Clandestine removal - The appellants are engaged in manufacture and trading of excisable goods - Statements of some suppliers - Invocation Section 9D - Held that:- While the allegation of duty evasion against the appellant is based on.....
127 2015 (4) TMI 811 - CESTAT NEW DELHI
  M/s. The India Thermit Corporation Ltd. Versus CCE, Kanpur
  Demand of differential duty - Classification under heading 730290 or under heading 3810 - Rate of duty - 18% or 15% - Held that:- Department s allegation that during the period from June 1998 to February 1999, the appellant while paying duty to the D.....
128 2015 (4) TMI 810 - CESTAT MUMBAI
  M/s Aquapharm Chemical Pvt Ltd Versus Commissioner Of Central Excise, Raigad
  100% EOU - Concessional rate of duty - Notification No. 23/2003-CE dated 31/3/2003 - DTA Clearances - Held that:- It is clear that for the purpose of DTA sale of by-product, specific permission is not required. If LOP in respect of by-products is obt.....
129 2015 (4) TMI 809 - CESTAT NEW DELHI
  Cabana Estates Pvt Ltd Versus Commissioner of Central Excise And Service Tax, Ghaziabad
  Waiver of pre deposit - Denial of CENVAT Credit - Non Maintenance of separate accounts - Penalty u/s 78 - Held that:- The appellant had used certain common input services in or in relation to providing of taxable and exempted service. Since they had .....
130 2015 (4) TMI 808 - CESTAT CHENNAI
  Commissioner of Customs, Tiruchirapalli Versus M/s. Cethar Vessels
  Denial of Exemption Notification No.21/2002-Cus., dated 01.03.2002 - Whether benefit of exemption Notification would be available at the time of assessment of the goods at the port of import while filing into-bond Bill of Entry or when ex-bond Bill o.....
131 2015 (4) TMI 807 - CESTAT CHENNAI
  Bharat Sanchar Nigam Ltd. Versus Commissioner of Customs/Imports (Seaport), Chennai
  Challenge to assessment order - appeal made to Commissioner (Appeals) - Bar of limitation - Held that:- Following decision of REDINGTON INDIA LIMITED Versus COMMR. OF CUSTOMS (APPEALS), CHENNAI [2007 (1) TMI 190 - HIGH COURT OF JUDICATURE AT MADRAS] .....
132 2015 (4) TMI 806 - CESTAT NEW DELHI
  M/s. Varbros India Pvt Ltd Versus CC, New Delhi-II
  Exemption from Customs duty under Sl. No. 56 - Notification No.25/99-CUS dated 28.02.1999 - whether specific grant of the notification can be interpreted to expand the scope of the grant when duty exemption is granted at the public cost - Held that:-.....
133 2015 (4) TMI 805 - COMPANY LAW BOARD MUMBAI
  Life Insurance Corporation of India Ltd. Versus M/s Tata Steel Ltd. & Ors.
  Rectification of register of members u/s 59 of the Companies Act, 2013 - Bar of limitation - Held that:- The record reveals that the Respondent No. 1 Company vide its letter dated 31/03/2011 had advised the Petitioner/appellant to approach the compe.....
134 2015 (4) TMI 804 - GUJARAT HIGH COURT
  MILTON LAMINATES LIMITED Versus ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE4
  Treatment of other income while calculating deduction u/s 80HHC of Income Tax Act, 1961 - Netting off of interest income against interest expenditure under deduction u/s 80HHC - Held that:- The said issues are squarely covered by the decision of the .....
135 2015 (4) TMI 803 - ITAT BANGALORE
  M/s. NXP Semi Conductors India Pvt. Ltd. Versus The Dy. Commissioner of Income Tax, Circle 12(2), Bangalore
  Transfer pricing adjustment - Determination of Arm's length price in international transactions - Adjustment in Software development services transaction - Selection / Rejection of comparables companies - Comparable collected from public domain u.....
136 2015 (4) TMI 802 - ITAT PANAJI
  The Mudhol Urban Co-Op Bank Ltd. Versus ITO, Ward-1, Bagalkot
  Dis-allowance of expenses u/s 40(a)(ia) of the Income Tax Act, 1961 - TDS u/s 194A not deducted on interest paid on deposits - Special provision for deduction of TDS in case of Co-operative bank - Payee shown interest in return of income and paid ta.....
137 2015 (4) TMI 801 - ITAT PUNE
  The Income Tax Officer & Others Versus Noble Medical Foundation and Research Centre & Others
  Charitable hospital - Non-fulfilment of conditions prescribed in section 2(15) of the Income Tax Act, 1961 - Denial of deduction u/s 11 of the Income Tax Act, 1961 - Violation of provision of section 13(1)(c) rws 13(2)(b) and 13(2)(g) of the Income T.....
138 2015 (4) TMI 800 - ITAT AHMEDABAD
  Intas Pharmaceuticals Ltd. & Others Versus DCIT & Others
  Deduction u/s 80HHC of Income Tax Act, 1961 on DEPB receivables & accruals - Denial of deduction u/s 80HHC on 90% of other income - Treatment of insurance claim received and C&F Stockist interest for the purpose of deduction u/s 80HHC - Addition on a.....
139 2015 (4) TMI 799 - ITAT JAIPUR
  The ACIT. Central circle-1, Jaipur. And Others Versus M/s Poornima Fire Works And Others
  Application of the provisions of section 145(3) - Reduction in the Gross Profit rate from 18.5% to 16% by CIT(A) - Addition on account of unexplained cash - Addition on account of unexplained stock - Held that:- It is undisputed fact that the assesse.....
140 2015 (4) TMI 798 - ITAT AHMEDABAD
  M/s. John Energy Ltd Versus ACIT M/s. John Energy Ltd, M/s. John Oil & Gas Limited Versus DCIT
  Claim of higher depreciation on drilling Rigs - Rig claimed as Heavy motor vehicle (Lorry) - In case of two conflicting views, favourable to the assessee to be adopted - Held that:- CIT(A) has applied the judgment of the Hon’ble Madras High Court ren.....
141 2015 (4) TMI 797 - ITAT MUMBAI
  Taj Televsision India Pvt. Ltd Versus The Dy Commissioner of Income-Tax, -7(3), Mumbai
  Transfer pricing adjustment - Arm's length price adjustment on account of reimbursement of expenses - Expenses incurred for the brand building of Associated Enterprises - Held that:- It is clear that the assessee itself has claimed as an agent fo.....
142 2015 (4) TMI 796 - ITAT HYDERABAD
  Deputy Commissioner Of Income Tax Versus M/s Aheshwari Plaza Resorts Ltd
  Dis-allowance of interest paid on borrowed capital - No expenditure incurred for earning exempted income, dis-allowance under section 14A not stand - Interest free advances given on the principles of business prudence and commercial expediency - Trea.....
143 2015 (4) TMI 795 - ITAT MUMBAI
  New Silk Route Advisors Private ltd. Versus DCIT-7(1), Mumbai
  Transfer pricing adjustment in relation to international transactions - Adjustment on account of provision of non binding investment advisory and related services - Rejection of comparables - Dis-allowance of expenses incurred related to bonus u/s 36.....
144 2015 (4) TMI 794 - ITAT CHENNAI
  Assistant Commissioner of Income Tax, Chennai Versus Vishwak Solutions Pvt. Ltd.
  Dis-allowance u/s section 40(a)(i) of Income Tax Act, 1961 - Non deduction of TDS on Internet charges paid to non-resident - DTAA between USA and India - Deduction under section 10B available to 100% EOU - Held that:- As per order of CIT(A),the amoun.....
145 2015 (4) TMI 793 - ITAT DELHI
  DCIT, Circle 11(1), New Delhi Versus M/s. Emmsons International Ltd.
  Addition of income on sale and purchase of shares - Treating as Business income - Classification of shares held as Investment in books of accounts - Held that:- We have heard rival parties and have gone through the material placed on record. We find .....
146 2015 (4) TMI 792 - ITAT MUMBAI
  M/s. Iqra Steel & Tubes Pvt. Ltd Versus CIT-6
  Revision of assessment order - Applicability of Dis-allowance @ 20% u/s 40A(3) of Income Tax Act, 1961 on transport charges - Held that:- The sole ground for setting aside the assessment order passed u/s 143(3) is that, the assessing officer has not.....
147 2015 (4) TMI 791 - ITAT JAIPUR
  M/s The Green Triveni Developer Versus Commissioner of Income Tax-I, Jaipur
  Revision of assessment order - Claim of provision for development expenses - Held that:- The first finding of the ld. CIT is to the effect that assessment order has been passed in a casual manner and without application of mind. In our consideration .....
148 2015 (4) TMI 790 - ITAT DELHI
  Shri Amit Jain Versus ACIT, Circle-30(1), New Delhi
  Penalty u/s 271(1)(c) for furnishing of inaccurate particulars of income - Inadvertent and bona fide error - Existence of bona fide reasons and cause for filing the revised return - Held that:- As per ratio of the decision of Hon’ble Jurisdictional H.....
149 2015 (4) TMI 789 - ITAT MUMBAI
  ITO WD-16(3) (1), Mumbai And Others Versus Shri Indramal B. Jain And Others
  Dis-allowance of Interest on loan - Remand report submitted by AO - Undisclosed income - Best judgement assessment, notice not served due to change in address of assessee - Held that:- So far as disallowance of interest is concerned, it is seen that .....
150 2015 (4) TMI 788 - ITAT DELHI
  Praveen Roadlines Pvt. Ltd. Versus ITO
  Addition u/s 40A(3) of the Income Tax Act,1961 - Exceptions under Rule 6DD of the Income Tax Rules - Cash payment made due to cheque bounced - Held that:- We note that the assessee has raised two contentions to the action of the authorities below fir.....
151 2015 (4) TMI 787 - ITAT AHMEDABAD
  Jaynaben Ramesh Tailor, DCIT, Cent. Cir. 2 Versus DCIT, Cent. Cir. 2, Surat, Smt. Jaynaben Ramesh Tailor
  Penalty for unaccounted income - Income disclosed in the return of income & paid tax with interest thereon - Penalty for unaccounted Investment in land - Held that:- We have considered rival submissions and perused the orders of the lower authorities.....
152 2015 (4) TMI 786 - ITAT PUNE
  Ahmednagar Shahar Sahakari Bank Ltd., C/o M/s Shantilal Gandhi Versus Asstt. Commissioner of Income Tax
  Addition on account of unpaid dividends - Cessation of of liability - Additions u/s 41 - Unclaimed dividend transferred to General Reserve - Department treating it as extinguishment of liability - Treatment of amortization of premium paid for acquisi.....
153 2015 (4) TMI 785 - ITAT AHMEDABAD
  M/s. Raghuvir Construction Co. Versus The Asst. CIT Circle-3, Baroda
  Addition u/s 68 of the Income Tax Act,1961 - Failed to prove creditworthiness of the creditors - Penalty u/s 271(1)(c) - Furnished inaccurate particulars of income - Held that:- It is settled principle of law that the assessee is required to prove ge.....
154 2015 (4) TMI 784 - PUNJAB AND HARYANA HIGH COURT
  CHD Developers Limited, Karnal Versus The State of Haryana And Others
  Inclusion of value of land for charging Value Added Tax - development and sale of apartments/flats/units - Constitutional validity of Explanation (i) to Section 2(1)(zg) of the Haryana Value Added Tax Act, 2003 and Rule 25 (2) of the Haryana Value Ad.....
what is new what is new





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