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  1. 2018 (10) TMI 995

    Charitable activity - exemption u/s 11 - mandation to specify the object/purpose in Form No.10 for claiming accumulation u/s. 11(2) - Held that - The statement of purpose for which the income is being accumulated or set apart is one of the requirements which must be satisfied before the assessee can avail the benefit under sub-section (2) of section 11. However, that by itself would not mean that any inaccuracy or lack of full declaration in the ....... + More


  2. 2018 (10) TMI 994

    Disallowance u/s 2(24)(x) r.w.s. 36(1)(va) - delay in payment of employee s contribution to PF and ESI - whether it was deposited before due date of filling return of income? - Held that - Provision thus requires an employer before paying the employee his wages to deduct the employee s contribution along with the employer s own contribution as fixed by the Government. It is further required that he shall within fifteen days of the close of every ....... + More


  3. 2018 (10) TMI 993

    Non communication to the petitioner regarding fixing a specific date of hearing of a Miscellaneous Application invoking Section 254(2) - Held that - Tribunal should inform parties well in advance by assigning specific dates of hearing on these Miscellaneous Applications. They should be taken in the order in which they have been instituted/filed. None should be compelled to move this Court and seek an out of turn hearing. That would mean if somebo....... + More


  4. 2018 (10) TMI 992

    Reassessment proceedings - Held that - For Assessment Year 2014-2015, an order of assessment has been passed on 29th December 2017 in which the issue, which is subject matter of this Writ Petition, has been raised for the first time. That order of assessment has been challenged by the assessee/petitioner and the First Appeal before the Commissioner of Income Tax (Appeals) is pending. BR BR On such facts being noticed, Mr. Charanjeet Chanderpal ap....... + More


  5. 2018 (10) TMI 991

    Deduction u/s 10A - excluding the expenditure incurred in foreign exchange and communication / internet charges from total turnover for working out the deduction - Held that - The first question stands answered in favour of the Assessee and against the Revenue by a judgment of in the case of Commissioner of Income Tax, Central-III v/s HCL Technologies Limited 2018 (5) TMI 357 - SUPREME COURT . BR BR TPA - Selection of comparables - Held that - An....... + More


  6. 2018 (10) TMI 990

    Extension of due date of filing of tax, Audit Report and Income-Tax Return - Held that - This petition can be disposed of at this stage with the direction to the respondent authorities to consider on or before 25.10.2018 the representation submitted by the petitioners on 20.09.2018 for extension of due date for filing return, by issuing a speaking order so that in the event the petitioners are aggrieved by the order that may be passed, they would....... + More


  7. 2018 (10) TMI 989

    Nature of Copyright expense - revenue or capital - Nature of expenses - Held that - Identical questions arose in the appeal filed by the revenue in the case of the assessee itself for the assessment year 2009-10 i.e. Principal Commissioner of Income Tax-2, Chandigarh vs. M/s Mobisoft Tele Solutions P. Limited 2018 (2) TMI 1654 - PUNJAB AND HARYANA HIGH COURT where while dismissing the appeal this Court answered the questions against the revenue. ....... + More


  8. 2018 (10) TMI 988

    Application seeking rectification of the mistakes in that order of the Tribunal has not been decided by the Tribunal till date. BR BR This Court is, therefore, constrained to adjourn this matter repeatedly, though it is pending for consideration of this Court from 2nd May, 2015. We direct the Income Tax Appellate Tribunal, Bench at Mumbai, to whom the rectification application is assigned, to dispose it off as expeditiously as possible and, in an....... + More


  9. 2018 (10) TMI 987

    Eligibility for deduction u/s 80P - proof of charitable activities - registration under the Karnataka Society Act 1977 - Held that - Assessee has placed registration certificate dated 28/6/2000 in order to demonstrate that it was registered under the Karnataka Souhardha Sahakari Act 1959 Act as Cooperative Society but side by side AO has categorically observed in its order that assessee has registered under the Karnataka Souhardha Sahakari Act 19....... + More


  10. 2018 (10) TMI 986

    Addition on account of unexplained loan - addition on the ground that the said company was giving mere accommodation entries and did not have any business activity - Held that - Since the facts of the instant case are identical to the facts of the case decided by the Tribunal in the case of husband of the assessee 2018 (10) TMI 878 - ITAT DELHI , therefore, in absence of any contrary material brought to our notice against the order of the Tribuna....... + More


  11. 2018 (10) TMI 985

    Disallowance u/s 14A r.w.r. 8D - suo moto disallowance by assessee - Held that - As observed that the assessee has made suo-moto expense disallowance of ₹ 3,30,594/- u/s 14A read with Rule 8D(2)(iii), being 0.5% of average value of investment in shares 0.5% of average of ₹ 646.96 Lacs & 675.41 Lacs . This being the case, the legal grounds as to applicability of Rule 8D as raised by Ld. AR fails since the assessee, himself, has com....... + More


  12. 2018 (10) TMI 984

    Addition being the discount allowed by the Appellant to its customers - assessee could not furnish relevant material before the CIT (A), but has filed additional evidence in the form of a paper book before this Tribunal. - Held that - AO had made some enquiries from the customers to find out if they received any discounts from the assessee, but the assessee has not been confronted with the findings of such an ex-parte enquiry report. This is in c....... + More


  13. 2018 (10) TMI 983

    Penalty u/s 271(1)(c) - defective notice - Held that - Penalty cancelled for not striking the relevant portion in the notice issued under section 274 of the Act to initiate penalty proceedings under section 271(1)(c). See COMMISSIONER OF INCOME TAX, BANGALORE AND THE INCOME TAX OFFICER, WARD-6 (3) , BANGALORE VERSUS M/S SSA S EMERALD MEADOWS 2015 (11) TMI 1620 - KARNATAKA HIGH COURT - decided against revenue........ + More


  14. 2018 (10) TMI 982

    Disallowance @ 10% of the total labour charges paid in cash - non production of relevant bills/vouchers - Held that - There is no dispute about the fact that this assessee is a contractor executing general orders as well as acting as a supplier. We do not find any discussion either in assessment or lower appellate order that the impugned expenditure carries inflated claim vis- -vis preceding and succeeding assessment years. Learned Departmental R....... + More


  15. 2018 (10) TMI 939

    Power of ITAT to recall and re-hear the case by way of rectification order u/s 254(2) - Misc. application filed by assessee - Applications were heard on 13th May, 2016, but the Tribunal pronounced the order on these Miscellaneous Applications after six months and more on 18th November, 2016, accepting the error pointed out by the assessee - The result is that the initial order dated 6th September, 2013, is recalled and set aside and all appeals w....... + More


  16. 2018 (10) TMI 938

    Deduction u/s.80IB - Addition on account of business receipts from Shri Rasiklal Dhariwal - Held that - The Special Leave Petition is dismissed both on the ground of delay and merits........ + More


  17. 2018 (10) TMI 937

    Assessee upheld to be local authority - exemption from income tax to the local authority - whether Appellant is not a local authority as contemplated u/s 10(20)? - Held that - Delay condoned. Leave granted. The appeals are allowed in terms of the signed reportable judgment. Parties shall bear their own costs........ + More


  18. 2018 (10) TMI 936

    Reopening of assessment - notice has been issued beyond a period of four years from the end of relevant assessment year - claim of deduction u/s 10B - Held that - There is not even a suggestion on record that there was any failure on part of the assessee to disclose truly and fully all material facts. Only on this ground, impugned notice should have been set aside. Nevertheless, there are additional grounds on which we would like to make few comm....... + More


  19. 2018 (10) TMI 935

    Revision u/s 263 - non service of proper notice - sufficient cause - change in name of Sadabahar to CVPL - petitioner says an attempt of service on Sadabahar in 2013 cannot be said to be a due or proper service as Sadabahar had ceased to exist by then and has come to be known as CVPL, with its registered office at a different premise - Held that - Respondents were aware that Sadabahar is now known as CVPL with its registered office at 12-B Cossip....... + More


  20. 2018 (10) TMI 934

    Validity of proceedings initiated u/s 132A - search and seizure - non-disclosing the reason to believe or reason to suspect - Held that - The proceedings were initiated under Section 132A of the Income Tax Act, 1961 and the authorities came to the conclusion that person who was going in train, had cash/sale proceeds with him and the Income Tax Authorities came to the conclusion that it was concealed income. Apex Court in the case of N.K. Jeweller....... + More


  21. 2018 (10) TMI 933

    Entitled to deduction u/s 80P(2)(d) on interest received on investments made with Alapuzha District Cooperative Bank Limited - Held that - The benefit of this section is available only for the interest / dividend that are received by a co-operative society for investments made with another co-operative society. In the instant case, the assessee had produced certificate of registration of the payer, viz., Alappuzha District Co-operative Bank Limit....... + More


  22. 2018 (10) TMI 932

    Disallowance on account of pro-rate interest on loan u/s 36(i)(iii) - Held that - Hon ble Supreme Court in the case of CIT vs. Munjal Sales Corporation 2008 (2) TMI 19 - SUPREME COURT , wherein held that if assessee has huge interest free funds including the profit earned by the assessee during the year which is sufficient to cover the advancement of loan, then no interest should be disallowed. The assessee has demonstrated that the huge amount o....... + More


  23. 2018 (10) TMI 931

    Disallowance u/s 14A - Held that - Disallowance under section 14A cannot be made where the dominant object of the investment is controlling interest. However the Hon‟ble Supreme Court in case of Maxxopp investments Ltd Vs. Commissioner of income tax (2018 (3) TMI 805 - SUPREME COURT OF INDIA) has held that the dominant purpose in making investment in shares is not relevant for the purpose of disallowance to be made under section 14 A of the....... + More


  24. 2018 (10) TMI 930

    Monetary limit - tax effect - cumulative tax effect - Held that - Paragraph 5 of CBDT Circular No.3/2012 had come up for consideration before the Hon ble Karnataka High Court in the case of CIT, Central Circular Vs. PSI Hydraulics 2012 (10) TMI 1184 - KARNATAKA HIGH COURT wherein held merely because the order of the CIT(A) is consolidated order passed for several years tax effect should not be seen for each AY separately. The Hon ble Karnataka Hi....... + More


  25. 2018 (10) TMI 929

    Addition on account of excess stock found during the course of survey action - unrecorded and unexplained stock / expenditure - Held that - The cost of items which has been recorded in the bill of entry, has been paid by the assessee. In terms of section 69C of the Act, if the assessee offers no explanation about the source of the expenditure, or the explanation offered by him is not in the opinion of the Assessing Officer, satisfactory, the amou....... + More


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  1. 2018 (10) TMI 999

    Transitional Credit/input tax credit - migration to GST Regime - difficulty in reflection of Tran-I credit in GSTR-3 - Held that - It is highlighted that the reflection of Tran-I credit in GSTR-3 is essential as it would ultimately impact the availability of credit for the entire duration - both transitional credit and input credit for the period 01.07.2017 onwards - Learned counsel submits that unless appropriate directions are given to the resp....... + More


  2. 2018 (10) TMI 998

    Interest on delayed refund - provisional refund of ninety per cent of the amount within seven days of the application - petitioner prays that Court should grant interest in the nature of compensation for delay. BR BR Notice, returnable on 23rd November 2018........ + More


  3. 2018 (10) TMI 997

    Extension of period for filing GST TRAN-1 form - Held that - Respondents submitted that N/N. 48, dated September 10, 2018 has been issued for amending the Central Goods and Services Tax Rules, 2017 giving power to the Commissioner for extension of time for submission of declaration form GST TRAN-1 upto March 31, 2019. The power can be exercised by the Commissioner on the recommendation of the Council - Petition disposed off........ + More


  4. 2018 (10) TMI 996

    Transitional credit/input tax credit - filing of TRAN-1/TRAN-2 - technical/system errors - Held that - The present petitioner is one of the 213 entities which were allowed the facility and benefit of transitional credit - It is urged that the petitioner should first ensure that the credits which it otherwise is entitled to both transitional and input credit as on 01.07.2017, are duly claimed and reflected in the place of its registration i.e. Mum....... + More


  5. 2018 (10) TMI 942

    Central excise credit - Migration to GST Regime - petitioner claimed the credit transfer through Trans- III - case of respondent is that petitioner submitted a wrong form; that is Trans-III, instead of Trans- I - Held that - Because of the uncertainty in the new tax regime, the petitioner was given to believe that it was Trans-III. He has also maintained that the then the draft rules also indicates the same effect. In the end he has submitted tha....... + More


  6. 2018 (10) TMI 941

    Constitutional validity of levy of GST on Lottery - petitioners have sought a declaration that, lotteries are exempt from tax under Sl. No. 6 of Schedule III read with Section 72 of the Central Goods and Service Tax Act, 2017 and Sl. No. 6 of Schedule III read with Section 72 of the State Goods and Service Tax Act, 2017 - scope of the word goods - petitioner has submitted that, when CGST, 2017 and IGST, 2017 propose to tax a lottery, it goes beyo....... + More


  7. 2018 (10) TMI 940

    Refund of Tax paid - IGST - deemed export - application cannot be uploaded electronically - Held that - The procedure mandates that the demand for refund should be through an application uploaded electronically. The petitioner could not follow that procedure because of the unavailability of the online facility. BR BR The Government of India issued a circular for setting up an IT Grievance Redressal Mechanism to address the grievances of taxpayers....... + More


  8. 2018 (10) TMI 876

    Correction of errors in the TRAN-1 declarations - migration to GST Regime - transitional provisions - Three transactions which were in pipeline when the GST was brought into force, due to oversight, were not included in such declaration. - Held that - There is no scope for directing the respondents to allow the petitioner to correct the TRAN1 declaration already made. We may recall, such time limit initially provided in the rules was extended fro....... + More


  9. 2018 (10) TMI 875

    Release of detained goods - allegation is that the same were not accompanied by proper documents - Held that - The present petition is disposed of permitting the State to withdraw the order passed under Section 130 of the Act, confiscating the goods - In case the petitioner fails to deposit the amount of tax and penalty, if levied in terms of provisions of Section 129 of the Act, needless to add that the State shall be at liberty to proceed furth....... + More


  10. 2018 (10) TMI 780

    Classification of supply - setting up a project in the school - supply of goods and services including training - composite supply - services provided by them under the ICT @ School Project - Applicability of Entry 72 to the business transactions of the Applicant - Whether the services provided by the Applicant to the Government and government aided higher secondary schools under the ICT Project, are covered under the scope of Entry No. 72 of Not....... + More


  11. 2018 (10) TMI 779

    Levy of GST or VAT - Work Contracts executed up to 30.06.2017 - since the raising of invoices and payment for the supplies would be under the GST regime and the transaction were not accounted under the VAT - Held that - In the consequence, because of such inaction on the part of the respondent Hailakandi Municipal Board, the petitioner is now being exposed to the risk of being subjected to some coercive action by the taxing authorities. BR BR In ....... + More


  12. 2018 (10) TMI 778

    Unable to upload GST TRAN-1 - transition to GST regime - Held that - The respondents are directed to provisionally entertain the GST TRAN-1 and other returns of the petitioner either by way of opening the portal or manually........ + More


  13. 2018 (10) TMI 748

    Input tax credit - scope of blocked credit - various goods and services used for maintenance of applicant s township, guesthouse, hospital, horticulture in its ordinary course of business - section 17(5) of CGST Act. BR BR Whether the applicant is entitled to take input credit of tax paid on various goods and services used for maintenance of applicants s township, quest houses hospitals and horticulture for paying output tax? BR BR Held that - So....... + More


  14. 2018 (10) TMI 747

    Levy of GST - Supply or not? - free tickets given as Complimentary Tickets - input tax credit - Circular No. 47/21/2018-GST dated 8th June 2018 - CGST Act, 2017. BR BR The applicant has withdrawn his Advance Ruling application while indicating that his case is similar to the case of an Original Equipment Manufacturer (OEM) which has been discussed by the said circular as not constituting a supply, and the concerned officer has reached a conclusio....... + More


  15. 2018 (10) TMI 746

    Classification of supply - Lab Manual comprising bulk of instructional /educational printed material - whether printing is merely incidental to the primary use or not? BR BR Whether Lab manual written by authors as prescribed by Educational Boards and which also contains, apart from chapter wise printed material and printed question and answers, some blank sheets / papers for exercise by students, would be classified under GST Tariff heading 4901....... + More


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  1. 2018 (10) TMI 977

    Principles of natural justice - non-speaking order - petitioner s grievance is that its contention in appeal as recorded in the impugned order has not been dealt with by the impugned order passed by the Appellate Authority - Held that - The order passed by the authority under the Act is not a speaking order. The impugned order merely rejects the submissions of the petitioner on the ground that the same is not acceptable. This indicates complete s....... + More


  2. 2018 (10) TMI 976

    Classification of imported goods - Bonded Fabric Width 58 - whether classifiable under Chapter CTH 5907 00 99 or under CTH 5407 10 39? - Rule 3(b) of the General Rules for interpretation of the Tariff - Held that - The imported goods were in the form of bonded fabrics made up of two layers- the bottom layer comprising of knitted fabric and the top layer made up of woven fabrics. The two have been bonded together to form the imported goods. The cl....... + More


  3. 2018 (10) TMI 911

    Principles of natural justice - Petitioner s request for cross-examination of Mr. D souza and Mr. Shete, being persons whose statements are relied upon in the show cause notice, was rejected - Held that - It is clear that the Respondent No.2 Commissioner of Customs (Import) is not seeking to rely upon the statements of Mr. D souza and Mr. Shete, for adjudicating the show cause notice. Therefore, in these circumstances, no fault can be found with ....... + More


  4. 2018 (10) TMI 910

    Jurisdiction - CBI - Proper Officer - contentions raised before the trial court in their discharge petitions are that CBI is not proper officer to decide about under valuation - The contentions of A1 to A3 is that the UO letters were sent by them on the approval and instruction of the Commissioner, who is the controlling Officer, therefore, they cannot be prosecuted either for 120(B) I.P.C, conspiracy, 420 of IPC, cheating or misappropriation und....... + More


  5. 2018 (10) TMI 909

    Petition for inventorisation - Smuggling - Gold - petitioner would submit that the petition for inventorisation of seized goods does not deserve indulgence of the Court for failing to address the genuine grievance or apprehension faced by the petitioner necessitating inventorisation under Section 110(1A) of the Customs Act, 1962 - Held that - The learned Magistrate has rightly gone into the entire details as per Section 110 (1B) and 110 (1C) of t....... + More


  6. 2018 (10) TMI 908

    SEZ Unit - smuggling Gold - Confiscation - penalty - Held that - There is no dispute about illicit transaction of gold bars as well as gold jewellery between M/s D. Jewel and M/s Choksi Vachhraj Makanji that the gold bars imported by M/s D. Jewel in their SEZ Unit were removed without any documentation and without following the procedure. BR BR The SEZ is area which is considered as foreign territory for all the purpose of taxation, duties etc. t....... + More


  7. 2018 (10) TMI 907

    Redemption of confiscated goods - Smuggling - Gold - foreign currencies - prohibited item or not - absolute confiscation - penalty - whether the adjudicating authority as a discretion to release the gold confiscated or the seized gold requires allowing to be redeemed on payment of find in lieu of confiscation in terms of Section 125 of the Customs Act, 1962? BR BR Held that - A plain reading of Section 125 of the Customs Act gives understanding t....... + More


  8. 2018 (10) TMI 846

    Project Import - Finalization of provisional assessment - time limit for claiming provisional assessment - Held that - Admittedly, the provisional assessment in respect of the goods imported has not taken place so far. There is no dispute to the fact that there is no time limit for making such provisional assessment. No doubt, the report of the DRI dated 04.10.2007 is now taken by the respondents for issuing the impugned communication. Perusal of....... + More


  9. 2018 (10) TMI 845

    Maintainability of ROM Application - application sought to be filed in form of the review of the earlier order - Held that - There is no reason to entertain this Appeal as the question as framed by the Revenue does not arise from the impugned order of the Tribunal - the impugned order relates to a rate of duty issue and therefore, not maintainable before this Court under Section 130 of the Act - appeal dismissed being not maintainable........ + More


  10. 2018 (10) TMI 844

    Principles of Natural Justice - opportunity to cross-examine not provided - Whether the Tribunal right to hold that since the order of not granting cross-examination goes to route of the matter, this Tribunal sets aside the letter No. S/1030/ 201617/ CAC/NS-III/ Comm/JNCH dated 06.10.2016 with a direction to adjudicating authority to grant cross-examination as sought by the assessee and decide the matter after following principles of natural just....... + More


  11. 2018 (10) TMI 843

    Interest and penalty - demand of differential duty - Held that - Cases involving the very same issue in similar set of facts were dealt with by across the Tribunal and were remanded back to the original authority to decide the issue of jurisdiction, after the availability of decision of Hon ble Supreme Court in the case of Mangali Impex 2016 (8) TMI 1181 - SUPREME COURT - the present appeals are also remanded on the same terms - appeal allowed by....... + More


  12. 2018 (10) TMI 842

    Interest on delay in refund of Extra Duty Deposit - Held that - Hon ble Supreme Court in the case of Ranbaxy Laboratories Ltd. 2011 (10) TMI 16 - SUPREME COURT OF INDIA has categorically held that the assessee is entitled to interest after the expiry of three months from the date of filing the refund application till the refund is finally sanctioned - appeal allowed - decided in favor of appellant........ + More


  13. 2018 (10) TMI 841

    Rectification of Mistake - Held that - This Tribunal has mentioned the names of all the appellants including the present appellant Shri Anand Kulkarni and allowed the appeals partly in relation to all the appellants by reduction in penalty imposed and confirmed against each of the appellants. However, in para 10.10, the name of the appellant could not be mentioned and the penalty imposed on him also not mentioned - at page 18 of the order in the ....... + More


  14. 2018 (10) TMI 771

    Leave of an order passed by this Court on 26th September, 2018 - holding of public auction within a week from the date of the order upon notice to all concerned parties - it is pleaded that plaint to be restricted to 256 containers - Held that - The public auction should also have been restricted to that number. This has admittedly not been done, whatever the claims of the Customs against the defendant no. 1 may be. Counsel for the parties are in....... + More


  15. 2018 (10) TMI 770

    Conversion of Shipping Bills - conversion of free shipping bills to drawback shipping bills - duty drawback - Held that - There is no controversy on the factum of export. That there can be a substitution of goods does not appear to be probable considering that the shipment has been made in liquid bulk carrier and was not concealed from the sight of the officers of customs or the master of the vessel. The circular of 2004, and the subsequent circu....... + More


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  1. 2018 (10) TMI 978

    Winding up petition - debt due and payable - Held that - As noted earlier not a single document has been produced on record by the appellant to demonstrate that the appellant s dealer, either on 15th July, 2013 or even within 2-3 days thereafter actually corrected/modified or for that matter attempted to correct/modify the alleged error in punching in in the respondent s UCC in the record of the NSEL. This is despite the fact that the appellant, ....... + More


  2. 2018 (10) TMI 774

    Scheme of demerger - plaintiff/petitioner s sufficient prima facie case to go for trial to entitle the petitioner to the interlocutory reliefs as sought for - Held that - In the event the plaintiff as a shareholder of the defendant no. 11 company, was to participate in the voting for demerger, which is under challenge, the plaintiff would wield little or no power to exercise an option worth the name, in view of the shareholding of the plaintiff i....... + More


  3. 2018 (10) TMI 773

    Winding up petition - dishonour of cheques - Held that - So far as ₹ 5,00,000/- against the dishonour of cheque is concerned, it was incumbent upon the said company to pay the same to the petitioner. Even though held that the alleged repayment by encashment of blank cheques requires to go to trial, we are inclined to grant the petitioner the benefit of the amount of ₹ 5,00,000/- against dishonour of cheques. If the company succeeds in....... + More


  4. 2018 (10) TMI 772

    Decree for recovery of suit - Recovery from the defendant together with interest @ 22% p.a. for the goods sold and delivered to the defendant - Plaintiff entitled to the suit claim - Whether the claim of the plaintiff for the materials sold and delivered are true and valid? - Held that - From a perusal of Ex.P.4 and Ex.P.5, it could be seen that the defendant has specifically admitted his liability. Even though the defendant in his written statem....... + More


  5. 2018 (10) TMI 713

    Winding up seeked - non payment of detention charges - bonafide default - Held that - On perusing the pleadings and materials on record it appears that the conduct of the company is not bona fide inasmuch as the said company after paying detention charges for a particular period has avoided payment by attempting to shift the liability on the consignee and M/s. M.A. Badani with whom the petitioner had no dealings. The said company has only initiat....... + More


  6. 2018 (10) TMI 712

    Suspicious transfers - Illegal transfer of shares - Direction to the 1st respondent to restore the name of the appellant-Original petitioner in the member register and issue duplicate share certificates and further direct the 1st respondent to also allot the bonus shares, accrued dividend till date and further if any - Illegal transfer of shares - Appellant argued that the undelivered share certificate is already lying with 1st respondent, and he....... + More


  7. 2018 (10) TMI 484

    Taking contrary stand in the proceedings - Substitution in place of IFCI as a secured creditor - After the claim of the appellant of being a secured creditor was rejected by the Company Judge, and the appellant realised the unsustainability of its claim in the law, it made a complete volte face from its earlier stand and surprisingly, contrary to its own pleadings, now contended that it had never sought the status of a secured creditor under the ....... + More


  8. 2018 (10) TMI 340

    Oppression and mismanagement - Invoking jurisdiction prescribed under Section 241(2) of the Companies Act, 2013 - Held that - This Bench is of the considered view that it is judicious to invoke the jurisdiction prescribed under Section 241(2) of the Companies Act, 2013 and the Tribunal is of the opinion that as per Section 242 (1) of the Companies Act, 2013, the affairs of the IL&FS were being conducted in a manner prejudicial to public interest........ + More


  9. 2018 (10) TMI 339

    Direction on Central Government for appointment of an inspector for comprehensive enquiry of the affairs of the respondent company in order to protect the interest of creditors of respondent company - Held that - In the present case applicant has shown that the respondent company had given interest free loans and advances in crores to its group companies, whereas it was paying interest to the banks for the moneys borrowed and outstanding. There i....... + More


  10. 2018 (10) TMI 338

    Rectification of Register of members - when there is transfer of shares it has to be seen whether such transfers have been made in accordance with the Articles of Association or not? - Held that - In the case on hand the Investment Agreement which is incorporated in the Articles of Association gives a right of election to ask for conversion of CCDs into equity shares when an event of default occurred as per the terms of Investment Agreement dated....... + More


  11. 2018 (10) TMI 229

    Cartilisation - Bid rigging - Violation of provisions of Section 3(3)(d) of the Competition Act, 2002 - appellants/suppliers of Liquefied Petroleum Gas (LPG) Cylinders to the Indian Oil Corporation Ltd. (for short, IOCL ) had indulged in cartilisation, thereby influencing and rigging the prices - penalties inflicted on the suppliers stand reduced - collusive tendering - situation of oligopsony - Held that - 12 new entrants cannot be considered as....... + More


  12. 2018 (10) TMI 176

    Winding up of the company - commercial insolvency - Held that - The defence of the company against the claim of the petitioner for the said amount of ₹ 15,92,544/- is that the goods supplied by the petitioner, from time to time covered by the said four invoices nos. HSC/101, HSC/169, HSC/181 and HSC/194 were of inferior quality. The total value of the said 4 invoices is ₹ 33, 82,350/-. However, the company could not explain as to how ....... + More


  13. 2018 (10) TMI 175

    Reference to NCLT - maintainability of the appeal - Held that - Petitioner approaches the National Company Law Tribunal within 60 days from today, the Tribunal should consider it on its merits and not reject it on the ground that it was preferred beyond the period of 180 days prescribed by the Act (on account of the pendency of these proceedings). We also clarify that if there is any dispute as to the locus standi of the present petitioner (Mahin....... + More


  14. 2018 (10) TMI 120

    Company under liquidation - right of the State on leased out property - application for determination of right over the property - Held that - during liquidation proceedings, the State of Madhya Pradesh through its functionaries had filed an application that they are the owner/lessor of the property in question. However, the company court without dwelling on the same passed the liquidation order. The official liquidator on receiving the inventori....... + More


  15. 2018 (10) TMI 119

    Compounding of an offence - application under Section 441 of the Companies Act, 2013 - defaulted in filing the Annual Return and Financial Statements within the statutory period for the financial year 2014-2015 - Held that - The income of the company is ₹ 36,479/- for the year ending 31st March, 2017, we reduce the amount payable by the Company to ₹ 50,000/- under Section 92. In so far as fine imposed under Section 137 is concerned, t....... + More


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  1. 2018 (10) TMI 411

    Refund to the Petitioners of principal amount along with interest - non adherence to Foreign Exchange Regulation Appellate Board orders - Held that - We find that our Court had in Abu Moosa 2015 (1) TMI 977 - BOMBAY HIGH COURT and Prabodh Mehta 2012 (7) TMI 145 - BOMBAY HIGH COURT had occasion in similar facts, directed refund of the amount received by the Respondents along with interest from the date on which the amounts were deposited with the ....... + More


  2. 2018 (10) TMI 221

    Non-supply of documents - proceedings on the basis of a complaint under FEMA - documents sought for, relied upon by the respondent-authorities to initiate proceedings against the petitioner, have not been furnished - Held that - In the light of statement made by the respondent-authorities in their statement of objections that they are required to provide only relied upon documents and accepting their obligation to provide those documents to the p....... + More


  3. 2018 (10) TMI 39

    Jurisdiction of concerned authorities - Held that - Respondent nos. 2 and 3 are located in Bangalore and there is a possibility that issue has been examined by the concerned authorities having jurisdiction in respect of Banglore. He, nonetheless, states that the averments made in the petition would be considered by respondent no.1 and if any inquiry or investigation is warranted, steps in this regard would be taken by the concerned authorities. B....... + More


  4. 2018 (9) TMI 1150

    Order passed u/s 37(A)(3) of FEMA, 1999 - Competent Authority (CA) has confirmed the seizure of mutual funds as equivalent to US 16,00,000 held outside India by the appellant - whether as per Section 37(A)(4) proviso, the seizure can be set aside which was confirmed by the impugned order dated 18.05.2018? - Appellate Tribunal s power - Held that - CA or Adjudicating Authority has the power to deal with this seizure order only, and not review its ....... + More


  5. 2018 (9) TMI 933

    Charge under Regulations 8, 9 & 13 of the Foreign Exchange Management (Export of Goods and Services) Regulations, 2000 and Regulations 3(1) and 3(2) of Foreign Exchange Management (Manner of Receipt and Payment) Regulations, 2000 read with Section 42 of FEMA, 1999 - Bill of Lading (B/L) relevancy - Held that - Two sets of documents available for the same shipment under the same B/L nos. While the appellants have claimed one to be genuine, the....... + More


  6. 2018 (9) TMI 932

    Contravention of the provisions of the FERA Act - accepting interest free security deposit of 65 lacs from the branch office of M/s DNV located in Mumbai, as the Regional Manager of M/s DNV had taken up the flat bearing no. No.24 on 20th floor, Kanchanjunga Mumbai for 36 months which belonged to Appellant s brother and sister-in-law and who had signed a Power of Attorney dated 21.05.1987 in favor of Appellant - Held that - It appears from the rea....... + More


  7. 2018 (9) TMI 669

    Jurisdiction under FEMA v/s FERA - appeal lies to the Special Director (Appeals) or Deputy Director - appellant stated that as the appeal was filed under FERA before FEMA came into existence, the appeal should be heard by the Tribunal as under FERA there was no such provision for appeals going to the Special Director (Appeals) - Held that - As decided in the case of Premier Limited vs. Union of India 2006 (7) TMI 326 - HIGH COURT OF BOMBAY .in Se....... + More


  8. 2018 (9) TMI 193

    Penalty u/s 50 of erstwhile FERA, 1973 for violation of the provisions - non service of the show cause notice upon the appellant prior to 1st June, 2002 under FEMA, 1999 - Held that - The Adjudicating Officer was obliged to examine the steps taken by the respondent before concluding that the appellant did not comply with the obligation of producing exchange control copies. He ought to have appreciated that a show cause notice or letter of enquiry....... + More


  9. 2018 (9) TMI 192

    Guilty of contravention of Section 16(1) of the Foreign Exchange Regulation Act, 1973 - failure to realize amount receivable by them from M/s. Erman Electro Echnik (M/s. EEE) during the period 1990-91? - Held that - Dy. Director, Enforcement Directorate failed to appreciate that such statement ought not to be relied upon, unless there is independent corroboration of certain material aspect of the said statement, through independent sources is pre....... + More


  10. 2018 (8) TMI 1693

    Tribunal wholly misdirected itself in failing to follow the settled law in relation to the imposition of penalty by ignoring the settled principle - Held that - At the hearing of these Notices of Motion, both sides agree that the order of the Tribunal impugned in these appeals suffers from non-consideration of crucial and vital materials. The matter would have to be decided in accordance with law and particularly in the light of what has been obs....... + More


  11. 2018 (8) TMI 365

    Adjustment of penalty from the frozen amount and FDR - review petition - Held that - At no point of time, did the Enforcement Directorate either seize them or confiscate them so that they could be forfeited to the Central Government. The adjudicating authority has released these amounts from being frozen, by not confiscating them. BR BR This money belongs to the appellant/his son, and while directions for freezing was only a temporary measure, th....... + More


  12. 2018 (7) TMI 1224

    Allegation against the appellant Jaswinder Singh as contravened Sections 9 (1) (d) of FERA - payments of ₹ 2.85 Crore to persons in India on behalf of persons residing outside India - Held that - In any event, the case of the department is improbable on the face of it as the allegation of the department that the appellant indulged in hawala business is falsified from the fact that the said diary allegedly contains the details of the payment....... + More


  13. 2018 (7) TMI 447

    Arguable case - Deposit 10% of the penalty amount imposed by the Adjudicating Authority alongwith reliable guarantee for balance 90% for the purposes of entertaining Appellant s appeals on merits - Held that - In the facts of this case after having come to conclusion that the Appellants have an arguable case, the deposit of 10% of the penalty amount in each of the Appeals would meet the ends of justice. This further requirement of furnishing reli....... + More


  14. 2018 (7) TMI 446

    Validity of show cause notice - Held that - It appears from the provisions of the Act of 1999 that, the authorities can invoke the provisions of Section 16 for contravention of Section 13 of the Act of 1999, independent of exercise of powers under Section 37 of such Act. Apparently, the authorities have invoked Section 16 for the alleged contravention of Section 13 of the Act of 1999. At this stage, it would be premature for the writ Court to arr....... + More


  15. 2018 (6) TMI 1492

    Powers of investigation in relation to the contraventions of the FEMA - Power to compound contravention - Power of Reserve Bank to compound contravention - Held that - we are in agreement with the petitioner that if the Enforcement Directorate is of the view that the compounding proceedings relate to a serious contravention suspected of money laundering as in this case, then, this court is not prevented from seeking appropriate clarifications fro....... + More


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  1. 2018 (10) TMI 981

    Action of RBI in selecting the petitioner as one of the borrowers and issuing instructions to the banks to make a reference under the IBC - whether is arbitrary, unreasonable and falls foul of Article 14 of the Constitution of India? - Held that - This Court is not called upon to evaluate the criteria adopted by the RBI on merits. The scope of judicial review is limited and unless it is established that the same is arbitrary, unreasonable, capric....... + More


  2. 2018 (10) TMI 980

    Corporate insolvency process - Held that - This Petition clearly reveals that there is a debt as defined in Section 3(11) of IBC read with Regulation 7 of CIRP Regulation, also there is default in this case within the meaning of Section 3(12) of IBC and the corporate debtor having named the Interim Resolution Professional with his consent, there being no disciplinary proceedings against the IRP, this Bench hereby admits this petition filed under ....... + More


  3. 2018 (10) TMI 979

    Corporate Insolvency Resolution Process (CIRP) - Resolution Professional as well as the CoC did not receive any Resolution Plan worth to be considered - order was challenged by one of the unsuccessful resolution application - Held that - The appeal is pending for consideration by Hon ble NCLAT. On 4.5.2018 NCLAT passed an order stating - post appeal for consideration on 18.05.2018 . During pendency of appeal liquidator / adjudicating authority ma....... + More


  4. 2018 (10) TMI 913

    Corporate insolvency process - original order was passed by the Adjudicating Authority without issuing notice to the Corporate Debtor - Held that - If the entire scheme of the I&B Code is seen, it will be evident that the Code is to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons , partnership firms and individual in a time bound manner. It is a self-contained Code which is exhaustive in na....... + More


  5. 2018 (10) TMI 912

    Initiation of Corporate Insolvency Resolution Process - Held that - While we accept that the appellant cannot raise any objection with regard to the evidence if filed by the respondent (Financial Creditor), but we are of the opinion that before giving hearing to the appellant (Corporate Debtor), Adjudicating Authority should have given an opportunity to file a reply in view of the decision of the Hon ble Supreme Court in Innoventive Industries Lt....... + More


  6. 2018 (10) TMI 777

    Applicability of Limitation Act, 1963 to applications made u/s 7 and/or Section 9 of the IBC Code on and from its commencement on 01.12.2016 till 06.06.2018 - scope of Section 238A of the Insolvency and Bankruptcy Code, 2016 as inserted by the Insolvency and Bankruptcy Code (Second Amendment) Act, 2018 with effect from 06.06.2018 - applications seeking to resurrect time-barred claims - dispute or default - Held that - Given the fact that the proc....... + More


  7. 2018 (10) TMI 776

    Corporate insolvency process - no demand notice given to the corporate debtor - Appellant enclosing terms of settlement which shows that the amount payable to the Respondent has been paid by draft dated 27th August, 2018 - Held that - The impugned order passed by the Adjudicating Authority without taking into consideration the evidence that the demand notice under Section 8(1) was never served on the Corporate Debtor, we set aside the impugned or....... + More


  8. 2018 (10) TMI 775

    Liquidation of corporate debtor - Application filed u/s. 33 of the Insolvency and Bankruptcy Code, 2016 praying for liquidation of the corporate debtor, Bajrangbali Alloys Private Limited - non-receipt of any Resolution Plan to takeover the stressed assets of the corporate debtor - Held that - On a careful screening of the Progress Reports it is understood that the corporate debtor in the case in hand was non-operational even on the date of filin....... + More


  9. 2018 (10) TMI 592

    Application u/s 43 of the Insolvency and Bankruptcy Code, 2016 - Preferential transactions and relevant time - Held that - Admittedly, the 2nd Respondent is not a related party to the Corporate Debtor and therefore, for preferring an application under Section 43 in respect to transaction made with 2nd Respondent one has to refer to clause (b) of Sub- section (4) of Section 43. In the said provision the period of one year preceding the insolvency ....... + More


  10. 2018 (10) TMI 312

    Ineligibility of resolution applicants to submit resolution plans after the introduction of Section 29A into the Insolvency and Bankruptcy Code, 2016 with effect from 23.11.2017 - Persons not eligible to be resolution applicant - Held that - Both sets of resolution plans that were submitted to the Resolution Professional, even on 2.4.2018, are hit by Section 29A(c), and since the proviso to Section 29A(c) will not apply as the corporate debtors r....... + More


  11. 2018 (10) TMI 232

    Corporate insolvency process - resolution deemed to be passed - deadlock created by the low percentage of votes cast by a new category of financial creditor - Real Estate (Commercial) and Real Estate (Residential) - Whether threshold of Voting shares in respect of the class of Financial Creditors Real Estate (Commercial) and Real Estate (Residential) as provided in various provisions of the Code (e.g. section 22(2) provides threshold of 66%) is m....... + More


  12. 2018 (10) TMI 231

    Corporate Insolvency Resolution Process - default in repayment of the outstanding loan amount - Held that - The applicant financial creditor has placed on record voluminous and overwhelming evidence in support of the claim as well as to prove the default. BR BR The material on record clearly goes to show that respondent had availed the loan facilities and has committed default in repayment of the outstanding loan amount. Moreover, it is seen that....... + More


  13. 2018 (10) TMI 230

    Liquidation proceedings - 60 days delay has been taken in RP taking charge - 64 days be excluded while computing 180 days time period of the Corporate Insolvency Resolution Process (CIRP) of the Corporate Debtor - Alternatively, the Committee of Creditors (CoC) be directed to extend the CIRP time period for a further period of 90 days - Held that - It is nothing but delay tactics to deprive the CoC from proceeding further to realise whatever that....... + More


  14. 2018 (10) TMI 202

    Corporate insolvency process - Adjudicating Authority refused to extend the period of scheme for further five years which was prepared by BIFR under the provisions of Sick Industrial Companies (Special Provisions), Act, 1985 - Held that - In absence of any provision to review the scheme already sanctioned under sub-section (1) of Section 31 of the I&B Code, the Adjudicating Authority held that the scheme having already approved and as the company....... + More


  15. 2018 (10) TMI 197

    Claim to IRP on the basis of power of attorney - IRP to accept the claim of the applicant s claim as one of the members of the CoC as a representative of 86 debenture holders of the Corporate Debtor - Held that - The terms of the debenture holders i.e. financial creditors are to appoint their agent to represent them in CoC. In this case, original trustees of a trust created by the Corporate Debtor to manage the affairs of debenture holders are de....... + More


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  1. 2018 (10) TMI 1000

    Service Tax audit of a private agency - Rule 5A of the Service Tax Rules, 1994 - Held that - Subsection (2) of Section 174 is a Saving Clause and it inter alia provides that the amendment of the Finance Act, 1994 to the extent mentioned in Subsection (1) of Section 173, shall not revive anything not in force or existing at the time of such amendment or repeal. BR BR There was no saving of Rule 5A in such manner that fresh proceedings for audit co....... + More


  2. 2018 (10) TMI 975

    Vires of Rule 10 of Place of Provision of Service Rules, 2012 - whether Rule 10 is ultra vires to Section 66B read with Section 64 and 65B (52) and 66C(1) of the Finance Act, 1994? - validity of Section 66B of the Finance Act, 1994 - validity of paragraph 4 and 4.1 of the TRU circular No. 206/4/2017-ST dated 13th April, 2017 - service tax on BR BR Held that - Finance Act, 1994 including the rules and the circulars issued thereunder have ceased to....... + More


  3. 2018 (10) TMI 974

    Refund of Service tax paid erroneously - refund claimed on the ground that appellant provided services to the developer of SEZ and the services were consumed in the SEZ itself - case of Revenue is that the approval of Co-developer agreement was issued on 28.01.2008 whereas the services provided during period August 2007 to December 2007 - denial of refund also on the ground of unjust enrichment. BR BR Held that - The Co-developer agreement dated ....... + More


  4. 2018 (10) TMI 973

    Business Auxiliary Service - appellant acting as purchase agents, for overseas buyers of processed sea foods - export of services or not? - case of Revenue is that the appellants provided services falling under Business Auxiliary Service and that the consideration received by them was not in convertible foreign exchange and thus, are not exempted from payment of Service Tax. BR BR Held that - The service provider i.e. the appellant is situated in....... + More


  5. 2018 (10) TMI 972

    Renting of immovable property service - undertaking of the Government of Punjab and owner of warehouses which have been rented by them to the Food Corporation of India of storage for food grains - Held that - The issue is decided in appellant own case PUNJAB STATE WAREHOUSING CORPORATION VERSUS CCE, CHANDIGARH 2018 (2) TMI 154 - CESTAT CHANDIGARH , where it was held that as these services are for agricultural produce, which is not in dispute, the....... + More


  6. 2018 (10) TMI 971

    Business Auxiliary Service - marketing and promotion of pesticides/insecticide manufactured by their principal - extended period of limitation - Held that - The issue came up before this Tribunal in the case of M/s Frontier Agrotech Pvt Limited 2018 (8) TMI 1171 - CESTAT CHANDIGARH wherein the services in question are identical to the services in hand and this Tribunal held that the services rendered by the appellant are Agricultural Extension Se....... + More


  7. 2018 (10) TMI 970

    Security Agency Services - non-payment of service tax - non-filing of returns - appellant failed to establish his case - Held that - The appellant have not filed any grounds of appeal in support of their contentions except merely saying that Commissioner (Appeals) has erred in law and facts. The bare assertions made in the grounds of appeal have not been supported by any narration about basis or arguments or case laws. Such grossly inadequate ple....... + More


  8. 2018 (10) TMI 905

    Rectification of Mistake - Held that - In the order dated 20.09.2018 passed in main petition due to oversight, the dues of the petitioner were referred to as GST instead of service tax dues. The said error shall stand corrected - ROM Application allowed........ + More


  9. 2018 (10) TMI 904

    Validity of demand of service tax after migration to GST Regime - Proceedings initiated u/s 73(i) of the Finance Act of 1994 - Applicability of Section 6 of the General Clauses Act - whether omission of the provisions of a statue render any proceeding initiated under it to be not maintainable any further? - Scope of Section 173 of the Central Goods and Service Tax Act, 2017 BR BR Held that - From the propositions laid down in Fibre Board Pvt. Ltd....... + More


  10. 2018 (10) TMI 903

    Whether in the facts and circumstances of the case and in law was the Tribunal right in holding that the services rendered by the Assessee amounted to export of service? BR BR Held that - The Revenue is unable to point out any distinction in the facts and in law in this case from that in the decision of this Court in SGS India Pvt.Ltd. 2014 (5) TMI 105 - BOMBAY HIGH COURT - there is no reason to interfere in this Appeal - appeal dismissed........ + More


  11. 2018 (10) TMI 902

    Liability of service tax - Chit transaction - Amendment to sub-section (44) of Section 65B of the Finance Act in 2015 - Revenue contends that the amendment is merely clarificatory in nature and would be applicable from 2012 onwards - Held that - The amendment made in 2015 cannot be said to be clarificatory and there can be no retrospective operation given to such amendment. The legislature felt the need for inclusion of the transactions within th....... + More


  12. 2018 (10) TMI 901

    Refund claim - duty paid under protest - interpretation of statute - Distinct Person - Club or Association service - grounds assigned for claim of refund were that there are no distinct persons viz, service provider and service receiver and since the person contributing and benefiting are the same, as per the principles of mutuality, the activities should not be subjected to levy of service tax. BR BR Whether the ld. Commissioner (Appeals) has co....... + More


  13. 2018 (10) TMI 900

    Refund/rebate of Service Tax paid on export of services - Business Auxiliary Services - service charges in the form of commission by their Parent Company - Export of Service Rule, 2005 - Held that - The procedure of retaining the service charge/commission amount and only remitting the remaining portion of the proceeds in foreign exchange will have to be necessarily treated as saving of foreign exchange and by implication is akin to receipt of mon....... + More


  14. 2018 (10) TMI 899

    Short payment of Service Tax - period April 1994 to March 2004 - the Ld. Advocate has highlighted several errors in the calculation attached by the department in the Show Cause Notice. It has also been submitted that in many cases excess Service Tax has been deposited by DOT but the same was not taken into account - Held that - Considering the fact that even at the time of adjudication i. e., in 2008 the appellant was unable to submit documentary....... + More


  15. 2018 (10) TMI 840

    Penalty u/s 78 of FA - non-payment of service tax - Construction of Residential Complex Service - Held that - The assessee is engaged in the Construction of Residential Complex in terms of the Development Agreements entered with land owners and prospective buyers. The period of dispute is from 16.06.2005 to 31.01.2007. BR BR An explanation was added for the Finance Act 2010 in Section 65(105) (zzzh) of the Finance Act 1994 whereby it was clarifie....... + More


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  1. 2018 (10) TMI 969

    Attachment of property - Recovery of dues - same property was already attached by bank against Non-performing Assets - Whether the Financial Institution, which is a secured creditor, or the department of the Government concerned, would have the Priority of Charge over the mortgaged property in question, with regard to the tax and other dues? - Held that - Section 31-B of the Enforcement of Security Interest and Recovery of Debts Laws and Miscella....... + More


  2. 2018 (10) TMI 968

    Whether the execution of a bond or letter of undertaking by the noticee is not the pre requisite condition for export without payment of duty? BR BR Held that - It remained conceded on behalf of the revenue that against the judgment of Karnataka High Court in the case of Commissioner of Customs & Service Tax, Bangalore-II vs. Nash Industries 2017 (3) TMI 1277 - KARNATAKA HIGH COURT , no appeal was preferred by the revenue - As the revenue had....... + More


  3. 2018 (10) TMI 967

    Clandestine manufacture and removal - tread rubber - whether the Department has reasonably discharged its burden of proof on the allegation made by them on the appellants that they have clandestinely manufactured and cleared tread rubber without payment of duty? BR BR Held that - The allegation of the department is that both the appellant companies, i.e. M/s. TRPL & M/s. TTRPL, have resorted to clandestine removals, the duty was confirmed joi....... + More


  4. 2018 (10) TMI 966

    CENVAT Credit - common input/capital goods/input services used dutiable product and exempted product - Bagasse emerges as a waste/by-product, which was being cleared by the Appellant at Nil rate of duty in the course of manufacture of dutiable Sugar & Molasses - recovery u/r 14 of CENVAT Credit Rules, 2004 read with Section 11A(1) of the Central Excise Act, 1944 - penalty u/r 15(1) of CENVAT Credit Rules, 2004. BR BR Held that - The Hon ble S....... + More


  5. 2018 (10) TMI 965

    CENVAT Credit - fake invoices - appellant had availed CENVAT credit on the invoices issued by M/s Annapurna Impex Pvt. Ltd., Ludhiana without actual receipt of the material - Held that - There is no findings on the contention of appellants herein as to why M/s Annapurna Impex Pvt. Ltd., were not issued show cause notice for the complicity in passing of ineligible CENVAT credit or why the amount which have been debited by the said M/s Annapurna Im....... + More


  6. 2018 (10) TMI 964

    SSI Exemption - use of brand name of another person - brand name of Hot Pot and Automats owned by M/s.Asra and as such M/s.Automats (India) or not - Shri Sudhir Malhotra is a Proprietor of M/s.Asra and is the active partner in M/s.Automats (India) - N/N. 1/93-CE dated 28/02/1993 - Held that - Appellant fairly concedes that the legal issue as regards co-owner of brand names, was not specifically raised before the adjudicating authority and his att....... + More


  7. 2018 (10) TMI 963

    CENVAT Credit - fake invoices - without supplying the goods, the said party had issued fake invoices - penalty - Held that - Since the show cause notices issued to M/s. Jawala Steel Corporation, the supplier of goods are pending for adjudication, proceedings cannot be initiated against the appellants, who are only purchasers of the goods for confirmation of Cenvat demand and also for imposition of penalty. BR BR The matter is remanded back to the....... + More


  8. 2018 (10) TMI 962

    Method of Valuation - goods sold to the wholesale dealer in boxes of 100 pieces each - MRP based Valuation u/s 4A or transaction value u/s 4? - Held that - The appellants are not liable to pay duty in terms of Section 4A of the Central Excise Act, 1944, and they have paid duty correctly under Section 4 of the Central Excise Act, 1944 - the issue is decided in the appellant own case M/S STERLING TOOLS LTD, SHRI ATUL AGGARWAL, DIRECTOR VERSUS COMMI....... + More


  9. 2018 (10) TMI 961

    Valuation - inclusion of amount retained by the assesse on account of VAT concession given by the Haryana State Government in assessable value - extended period of limitation - Held that - The issue has already been decided by the Hon ble Apex Court in the case of Maruti Suzuki India Ltd. 2014 (9) TMI 229 - SUPREME COURT wherein it has been held that the amount retained by the assesse on account of VAT concession given by the Haryana State Govern....... + More


  10. 2018 (10) TMI 960

    MRP Based valuation - appellant was affixing MRP on the cartons on the goods sold by them but it was paying duty under Section 4 of the Central Excise Act, 1944 - extended period of limitation - Held that - The assessable value has been arrived as per formula i.e. Price List 35% value addition, whereas, in terms of Section 4(A) of the Act, the assesseable value is to be arrived by adding 35% to the cost of the product. As MRP was not available du....... + More


  11. 2018 (10) TMI 959

    Classification of goods - screw hooks - These harrow hooks are called as trolley hooks and trailor hooks and they are used for tractor or trolley. - whether classified under Chapter heading 7318 of the Central Excise Tariff Act, 1985 or under Chapter heading 843290 of the Tariff? - Held that - As the classification of the impugned goods in the case of M/s PNA Agro Industries vide adjudication order no. 68/CE/ADC/YM/PKL/2016-2017 dated 13.01.2017 ....... + More


  12. 2018 (10) TMI 958

    Valuation - includibility - expenditure on sales promotion activities namely distribution of diaries and calendars to the buyers jointly with the appellants and while 50% of the expenditure had been borne by the appellant, remaining 50% had been borne by the dealers - Held that - Tribunal in the case of Maruti Suzuki India Ltd. Vs. CCE, Delhi/Bhopal 2008 (8) TMI 118 - CESTAT NEW DELHI which is with regard to the provisions of Section 4 as it stoo....... + More


  13. 2018 (10) TMI 957

    Area Based exemption - N/N. 49/50-CE dated 10.06.2003 - scope of SCN - In remand proceedings, the directions of this Tribunal were followed and the adjudicating authority held that the appellant is entitled for exemption Notification No. 49/50-CE dated 10.06.2003. But on appeal filed by the Revenue before the Ld. Commissioner (A), the exemption was denied. BR BR Held that - In compliance to the directions given by this Tribunal, both the witnesse....... + More


  14. 2018 (10) TMI 956

    CENVAT Credit - common inputs used in manufacture of both dutiable as well as exempted goods - non-maintenance of separate records - demand of 5%/6% on the value of exempted goods - Rule 6(3)(b) of Cenvat Credit Rules, 2004 - Held that - As the appellant has already reversed the Cenvat credit attributable to the exempted goods on inputs used in manufacturing of SLICE during the intervening period. In that circumstances, the same is equal to compl....... + More


  15. 2018 (10) TMI 955

    CENVAT Credit - common inputs/input services which were used in the manufacture of dutiable as well as exempted final products - non-maintenance of separate records - demand of 8% of the value of exempted goods in terms of Rule 57CC(1) of the erstwhile Cenvat Excise Rules, 1944 - Held that - As the appellant has contended that they are maintained separate records of inputs used in the manufacture of Chloroquin Phosphate Tablet and records are wit....... + More


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  1. 2018 (10) TMI 943

    Revision of assessment - denial of Input Tax Credit - case of petitioner is that that the prerevision notices are bereft of requisite particulars, in the absence of which, proper objection could not be submitted - Principles of Natural Justice. BR BR Held that - On a perusal of the show cause notices, it is seen that they were bereft of particulars regarding the name and/or trade identification number (TIN) number of the dealer at the other hand........ + More


  2. 2018 (10) TMI 887

    Input tax credit - set off against tax liability on all intra-state and inter-state sales - TNVAT Act - amendment in the law relating to the levy of tax on the sale or purchase of goods in the State of Tamil Nadu. BR BR Whether Section 19(5)(c) of TNVAT Act, 2006 and Rule 10(9)(a) of TNVAT Rules, 2007 are ultra vires the provision of CST Act, 1956? BR BR Whether the impugned provisions are violation of Articles 14, 19(1)(9) and 301 of the Constit....... + More


  3. 2018 (10) TMI 886

    Higher Rate of tax / CST - inter-State sales against deferred payment - seeking permission to produce C-Forms after a gap of more than 10 year - Held that - The assessment years are 2005-06 and 2006-07 and after more than a decade, the assessee cannot be permitted to produce C Forms which relates to long prior assessment years - The effect of Section 8 of CST Act is succinctly that the provision is mandatory and has to be strictly complied with. ....... + More


  4. 2018 (10) TMI 885

    Maintainability of petition - remedy of appeal - Input tax credit - Principles of Natural Justice - It is submitted that the Respondent No.3 has not properly appreciated the Petitioner s contention that mere absence of proof of despatch to evidence the receipt of the so called purchased goods, cannot lead to the denial of inputs tax credit - Held that - The impugned order, on appreciation of the evidence before him, with regard to the actual rece....... + More


  5. 2018 (10) TMI 884

    Rate of tax - sale of imported copiers - C forms could not be produced - Assessing Officer has completed the assessment and passed the impugned order without any reply from the petitioner with supportive documents - principles of natural justice - Held that - Non filing of such reply with supportive documents is explained by the petitioner. It is also seen from the petitioner s request made on 23.07.2018 that they sought for furnishing copy of re....... + More


  6. 2018 (10) TMI 883

    Classification of goods - Lizol / Harpic - whether covered under Schedule-II, Part-A, Entry No. 20 of VAT Act taxable at the rate 4% - 5% or is classified as unclassified item, therefore, has imposed the tax at the rate of 12.5%? BR BR Held that - Harpic and Lizol are covered under Schedule-II, Part A, Entry No.20 of UP VAT Act as such the same are classified items. BR BR Rajasthan High Court in the case of Reckitt Binckiser (India) Ltd. v. Assis....... + More


  7. 2018 (10) TMI 882

    Validity of assessment order - TNVAT Act - it is alleged that the 2nd respondent, without furnishing the relevant documents and without providing an opportunity of personal hearing, has passed the impugned orders - principles of Natural justice - Held that - Though the petitioner has sought for a copy of the web report, the 2nd respondent, without furnishing the same and without providing an opportunity of personal hearing, has passed the impugne....... + More


  8. 2018 (10) TMI 881

    Liability of VAT - tax on Pan Masala, Gutkha etc - UPVAT Act - Revisionist is a registered dealer engaged in the sale and purchase of Pan Masala, Gutkha etc - Submission is that since assessee is neither manufacturer nor importer, therefore, the liability to pay tax cannot be imposed upon it - assessment year 2013-2014 - Held that - It is admitted that liability to pay tax would not be dependent upon the date of registration of assessee so far as....... + More


  9. 2018 (10) TMI 880

    Exemption form levy of sales tax - consignment sale of edible oil - form-F present - assessment provisional in nature and subject to final adjudication - Held that - The defence of the assessee that goods had actually been transferred from Mathura to other States, is yet to be adjudicated finally by the Tribunal. This appears to have been done in view of the fact that only provisional assessement proceedings were undertaken subject to a final ass....... + More


  10. 2018 (10) TMI 879

    The counter affidavit should enclose data regarding (i) refund applications filed and claimed (ii) refund applications pending with amount claimed (iii) refunds which have been issued and (iv) refunds paid by the Central Government and the State Government - The steps taken to remove the alleged grievances, as pointed out in the writ petition, would be indicated........ + More


  11. 2018 (10) TMI 814

    Input tax credit - time limit for claiming credit - legality and validity of provision of Section 19(11) of Tamil Nadu Value Added Tax Act, 2006 - appellant contend that substantive and vested right of a registered dealer to claim Input Tax Credit cannot be curtailed and fettered by an unreasonable restriction imposed under Section 19(11) of the Tamil Nadu VAT Act, 2006 requiring claim to be made within 90 days from the date of purchase or before....... + More


  12. 2018 (10) TMI 813

    Validity of assessment order - assessment years 2011-2012 to 2014-2015 - it is alleged that Assessing Officer erred in merely accepting the report filed by the Enforcement Officials, without independently applying his mind to the objections raised by the petitioner in pursuant to the notices of proposal - opportunity of hearing not provided while imposing penalty - principles of Natural Justice. BR BR Held that - There is no dispute to the fact t....... + More


  13. 2018 (10) TMI 812

    Levy of tax on sales - conveyor belts purchased from TNEB as second sales - Revision of assessment - TNGST Act - Held that - The sales of old conveyor belts out of the purchases made from TNEB is exempted from tax as second sales upto 30.06.2002, however, the second sales of such conveyor belts would be liable to resale tax at 1% under Section 3-H of the TNGST Act, from 01.07.2002 onwards. BR BR Such revision of assessment cannot be countenanced ....... + More


  14. 2018 (10) TMI 687

    Calling of records relating to the assessmentorder dated 20.10.2009 - to afford an opportunity to file objections - inter-state sales - delayed payment of tax alongwith Interest - the respondent has proceeded to pass the impugned assessment order on the statement given by the petitioner before the Enforcement officers that the sale bill books related to the years 2003-04 and 2004-05 were lost during the time of celebration of Saraswathi Pooja and....... + More


  15. 2018 (10) TMI 686

    Demand of Interest under Section 24(3) of the TNGST Act, on or before 19.03.2010 - deletion of condition contained in Clause 3 of the eligibility certificate dated 05.05.1999 regarding sales tax benefit - refund of excess tax collected under protest alongwith penal interest - Held that - This Court directs the respondents to consider the representation of the petitioner dated 02.04.2010, if not considered earlier, and pass appropriate orders, on ....... + More


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Party Name, Court Name, Date of Decision, Full Text of Headnote & Decision etc.


  1. 2018 (10) TMI 906

    Forgery - purchase of vehicle - draft book was lost/stolen from the Branch and the alleged draft was prepared by forgery - Held that - Reading of Section 8 & 9 of the N.I. Act together and the principles when are translated in the facts of this case would show that the respondent Ramesh Kumar placed a draft with the appellant which was routed through for collection by the bank of appellant namely Allahabad Bank to the Punjab National Bank on ....... + More


  2. 2018 (10) TMI 708

    Interest awarded by the Tribunal - international commercial arbitration - Section 37 of the Arbitration & Conciliation Act, 1996- Held that - The rate of interest awarded must correspond to the currency in which the award is given, and must be in conformity with the laws in force in the lex fori - In the present case, the international commercial arbitration having its seat in India, the rate of interest to be awarded must be in accordance wi....... + More


  3. 2018 (10) TMI 707

    Handing over all the original documents of accounts of Amrapali Group of Companies from the year 2008-2015 and 2015-2018 of 46 companies - petitioners stated that the orders of this court have not been complied with and as per the e-mails, the documents have not been handed over and only skeletal documents of two companies have been handed over, namely of Amrapali Zodiac and of Amrapali Princely Estates. BR BR Held that - It is not only deliberat....... + More


  4. 2018 (10) TMI 665

    Restraining defendant from infringing the trademark GOLD WINNER - It is the claim of the plaintiff that the trademark GOLD WINNER was originally coined and adopted by the plaintiff in the year 1999 in respect of different varieties of Dhall and Flour preparations - It is also the claim of the respondent/plaintiff that in order to safeguard the rights acquired over the said trademark, they applied and obtained registration for the mark GOLD WINNER....... + More


  5. 2018 (10) TMI 664

    Dishonor of Cheque - settlement of liability - offence under Section 138 of the Negotiable Instruments Act - validity of criminal proceedings - Held that - In the present case, it is only a money transaction and the complainant has also received the amount from the petitioner/ fifth accused and in this regard a memo of compromise has also been jointly filed by the petitioner and complainant. Therefore, the complainant s interest lies primarily in....... + More


  6. 2018 (10) TMI 663

    Dishonor of Cheque - recovery of loan - Section 138 of Negotiable Instrument Act - case of petitioner is that they never issued any cheque and never be the signatory to the alleged cheque issued by the petitioner - Held that - Admittedly, the cheque has been issued from the current account of CANNAN CITY signed by one P.David Rajan as its Proprietor/authorised signatory. The petitioner/accused is not the signatory to the said cheque issued to the....... + More


  7. 2018 (10) TMI 662

    Does the Commercial Court have power to take on record, the written statement which is presented beyond the period of 120 days from the date of service of summons on sufficient grounds, preventing the defendant from filing the same being made out? BR BR Held that - The Act envisages that the commercial disputes of specified value shall be dealt with by the Commercial Courts. Appeals against the judgment of the Commercial Court would lie before th....... + More


  8. 2018 (10) TMI 480

    Quashment of FIR registered against petitioner - offences under Sections 420, 463, 464, 467, 468 and 471 of IPC - interpolation of records - it was alleged that membership is tainted and Samiti has no alive legitimate member. BR BR Held that - Even if the dispute in respect of membership attained finality till the State Government level (although writ petition is still pending) but in the civil dispute, the issues were different. Here the element....... + More


  9. 2018 (10) TMI 479

    Dishonor of Cheque - recovery of loan amount - Section 138 of Negotiable Instruments Act - the signature found in the cheque was admitted by the accused - presumption under Section 139 of N.I.Act - Held that - It is an admitted fact that in 2003 itself, the bank authorities who have lent the loan to the accused company issued a notice under Section 132 of SARFAESI Act for taking symbolic possession. But, as per the case of the complainant, only i....... + More


  10. 2018 (10) TMI 410

    Dishonor of Cheque - Section 138 of the Negotiable Instruments Act - judgment of acquittal, recorded by the learned trial Court - appellants/complainants, has concertedly and vigorously contended qua the findings of acquittal, recorded by the learned trial Court standing, not, based on a proper appreciation, by it, of the evidence on record, rather, theirs standing sequelled by gross mis-appreciation, by it, of the material on record - statutory ....... + More


  11. 2018 (10) TMI 409

    Dishonor of Cheque - Section 138 of Negotiable Instruments Act - it is submitted by the Counsel for the respondent that the applicants knew the fact that there is no sufficient amount in the bank account, but still with an intention to cheat the complainant, the cheque in question was issued, and further by making false promise of making the payment, they kept the complainant in dark - Whether the dispute would be predominantly of civil in nature....... + More


  12. 2018 (10) TMI 408

    Dishonor of cheque due to insufficiency of funds - Vicarious Liability u/s 138 of NI Act - Whether the averments made in the complaint that the applicants are Karta Dharta and authorized signatories of the Company, is sufficient to make them vicariously liable for offence under Section 138 of the NI Act or not? BR BR Held that - Although in the present case, the words used Karta Dharta in paragraph 1 of complaint cannot be said to be happily-word....... + More


  13. 2018 (10) TMI 407

    Clearance of Group1 and II final examination in November, 2017 - mailing of incorrect list to Aurangabad branch, but was not uploaded in any website - dispute relates to the result declared by the respondent-institute. The appellants claim that they had cleared Group I/II as per the result circulated through Whatsapp messages and uploaded on Facebook. However, as per result uploaded on the official website of the respondent-institute and the mark....... + More


  14. 2018 (10) TMI 310

    Conviction of the appellant u/s 13(1)(C) r.w.. 13(2) of Prevention of Corruption Act, 1988 and under Sections 409 and 477-A IPC - sentence of imprisonment - conviction based on a voluntarily confession of accused - Contention of the appellant is that PWs 2 and 3 being the higher officials, it cannot be said that the confession statement of the accused has been made voluntarily and it must have been under the inducement or under false promise of f....... + More


  15. 2018 (10) TMI 272

    Disposal of Land remaining idle - closure of Joint Venture - rehabilitation scheme under the Sick Industrial Companies (Special Protection) Act, 1985 - disputes have arisen between the appellant (Company) and the State through its Authority called Maharashtra Housing and Area Development Authority (MHADA) in relation to the aforementioned land for its disposal etc. BR BR Held that - The parties expressed that it is not possible to come to any mut....... + More


 
 
 
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