Recent Case Laws
- I. Tax
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2016 (9) TMI 1217 - ITAT MUMBAI
M/s. Right Chaneel Construct ions C/o. M/s. Jagdish Bansal and Associates Versus ACIT 15 (2) , Mumbai
Addition on sale of TDR - taxability - Held that - The assessee received the TDR on 13.05.2008 by virtue of letter dated 13.05.2008 as per EXIT C . In view of the said circumstances apparently on 30.04.2007 the date of the execution of the MOU no TDR... ... ...
2016 (9) TMI 1216 - ITAT DELHI
M/s. Balaji Agro Industries Versus ACIT, Circle-20 (1) , New Delhi
Penalty u/s 271(1)(c) - assessee claimed remuneration to partners - assessee has contended that the case of the assessee was audited under section 44AB of the Act, however, the learned Auditor did not disallow the excess claim of the remuneration - H... ... ...
2016 (9) TMI 1215 - ITAT MUMBAI
ITO-17 (3) (1) , Mumbai Versus M/s. Arsh Constructions 1
Determination of income on project completion method - Ad-hoc estimation of profits - assessment completed u/s 143 - Held that - In the present case, assessee had demonstrated that there was no substantial completion of project in the instant assessm... ... ...
2016 (9) TMI 1214 - ITAT MUMBAI
Anjani Agro Implements Pvt. Ltd. Versus The ITO, Ward 2 (1) (1) , Mumbai
Unexplained cash credit - addition u/s 68 - increase in sundry creditors as at the end of the year - Held that - As from the material and evidence on record, the complete details of the impugned credits was made available to the Assessing Officer. Th... ... ...
2016 (9) TMI 1213 - ITAT MUMBAI
The Bharat Cooperative Bank Ltd. Versus Addl. CIT RG 1 (1) , Mumbai
Compliance of the statutory requirement of signing and verification of the memorandum of appeal by an authorised person - whether the memorandum of appeal filed by the assessee company with the CIT(A)-2, Mumbai, had been signed and verified by a duly... ... ...
2016 (9) TMI 1212 - ITAT CHENNAI
Shri N.A.L. Periyakarupan, C/o Shri S. Sridhar, Advocate Versus The Deputy Commissioner of Income Tax, Circle – I, Cuddalore
Fresh claim of exemption by way of application u/s 154 - Claim of exemption under Section 10(10C) - Held that - In this case, admittedly, revised return was not filed by the assessee. The fact remains that what was received by the assessee is retirem... ... ...
2016 (9) TMI 1211 - ITAT MUMBAI
JHP Securities Ltd. Versus The Asst. Commissioner of Income Tax, Range-4 (3) , Mumbai
Addition u/s 14A - Held that - We noted from the above facts that the assessee before the CIT (A) has demonstrated from the balance sheet that it was having interest funds available with it for investment in shares. The AO or the CIT (A) has nowhere ... ... ...
2016 (9) TMI 1210 - ITAT JAIPUR
M/s Man Structural Pvt. Ltd. Versus A.C.I.T. Circle-3, Jaipur.
Payment made to LIC towards Group Gratuity Scheme disallowable U/s 40A(7) - Held that - It is, though, disputed that the application of the assessee for grant of approval, was not traceable in the office of the revenue but the assessee was able to pr... ... ...
2016 (9) TMI 1209 - ITAT MUMBAI
The Deputy Commissioner of Income Tax Versus M/s. Advance Power Display Systems Ltd. And Vice-Versa
Valuation of material - addition on the account stock lying with the assessee u/s 28(iv) - ownership of the said stock was not vested with the assessee - During the subsequent years, assessee used such stock as raw material - Held that - We find that... ... ...
2016 (9) TMI 1208 - ITAT KOLKATA
Deputy Commissioner of Income-tax Versus M/s. Descon Ltd. And Vice-Versa
Addition u/s 14A - Held that - The assessee failed to produce cogent material before him to show that they have sufficient funds in their hands at the time of the alleged investments of funds or that the admitted borrowings had never been utilised fo... ... ...
2016 (9) TMI 1207 - ITAT DELHI
Ramesh Grover Versus ITO, Ward-39 (4) , New Delhi
Assessment of income - allegation of tax evasion - income from undisclosed sources - nature of amount of loan given earlier years and adjusted with property - Held that - We find nothing has been brought on record to show how the entire amount can be... ... ...
2016 (9) TMI 1206 - ITAT CHENNAI
Mr. Durai Pugazhenthi Versus The Deputy Commissioner of Income Tax, Central Circle, Salem
Unexplained investments - revision u/s 263 - Held that - It is not disputed by the assessee that agreement for sale dated 09.01.2007 did mention an advance of ₹ 40 lakhs as paid by the assessee on that date. It is also not disputed that assesse... ... ...
2016 (9) TMI 1205 - ITAT MUMBAI
M/s. Centrum Capital Ltd. Versus DCIT, Circle 2 (1) , Mumbai and ACIT 2 (1) (1) , Mumbai Versus M/s. Centrum Capital Ltd.
Addition u/s 14A - Held that - The Hon ble Delhi High Court in the case of Joint Investment Private Limited (2015 (3) TMI 155 - DELHI HIGH COURT) has held that section 14 of the Act or rule 8D cannot be interpreted so as to mean that the entire tax e... ... ...
2016 (9) TMI 1204 - ITAT AHMEDABAD
Asst. Commissioner of Income-tax, Circle-12, Ahmedabad Versus M/s. Akash Association 1 and Vica-Versa
Capital Gain on sale of plot of land - reference made to the DVO u/s. 55A - whether the value of sale shown by the assessee is on the lower side ? - Held that - It is an undisputed fact that the A.O. has made a reference u/s. 55A of the Act to the DV... ... ...
2016 (9) TMI 1203 - ITAT DELHI
ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE 24 (1) , NEW DELHI Versus SH. PRADEEP SINGH
Penalty u/s. 271(1)(c) - determination of liability - guilty of concealment of income - Held that - Assessee was under a bona fide belief that ₹ 13 crores was a determined liability for A.Y. 2008-09 in accordance with the terms of the Full and ... ... ...
2016 (9) TMI 1202 - ITAT COCHIN
The Assistant Commissioner of Income-tax, Central Circle-2, Thiruvananthapuram Versus Smt. R. Sulekha and Vica-Versa
Capital gain on inherited land sold - indexed cost of improvements - Held that - It is a fact that the assessee has filed a detailed cash flow showing different sources from which the money has been brought in. The assessee also has explained that du... ... ...
2016 (9) TMI 1201 - ITAT MUMBAI
Shri Farhan Makki Pettiwala Versus Assistant Commissioner of Income Tax - 24 (1) , Mumbai
Disallowance of Exemption under section 54F - Held that - Since the assessee in the case on hand has utilized the amount of capital gains in investing in the purchase of a residential property (flat) within the extended period as stipulated under sec... ... ...
2016 (9) TMI 1200 - ITAT MUMBAI
Shri Atul A Shah Versus Assistant Commissioner of Income Tax- 25 (3) , Bandra Mumbai
Purchase and sale of shares - business income or Capital gain computation - Held that - There were no borrowings by the assessee and no interest was paid. The number of transactions has also come down in the impugned assessment year as compared to th... ... ...
2016 (9) TMI 1199 - SUPREME COURT OF INDIA
M/s. SHASUN CHEMICALS AND DRUGS LTD. Versus COMMISSIONER OF INCOME TAX-II, CHENNAI
Amortization of expenditure under Section 35D - Whether expenditure incurred on issue of shares is eligible to be amortized? - Held that - AO was satisfied that there was expansion of the facilities to the industrial undertaking of the assesseee. It ... ... ...
2016 (9) TMI 1198 - PUNJAB AND HARYANA HIGH COURT
Sunil Kumar Gupta Versus Assistant Commissioner of Income Tax, Circle-II, Amritsar
Income from house property - annual value of the property computation - inclusion of maintenance charges as part of the rent - Held that - The actual rent received would be much higher where the facilities are better. Section 23 provides that the ann... ... ...
2016 (9) TMI 1197 - GUJARAT HIGH COURT
SYNBIOTICS LTD Versus UNION OF INDIA AND 2
Revision u/s 263 - Gross Profit ratio - disallowance of expenditure - additions on account of bogus purchases - Held that - Assessing Officer disallowed the entire expenditure and added back the full sum of ₹ 62.75 lacs shown to have been expen... ... ...
2016 (9) TMI 1196 - KERALA HIGH COURT
PALA MARKETING CO-OP. SOCIETY LTD Versus THE COMMISSIONER OF INCOME TAX KOTTAYAM AND JOINT COMMISSIONER OF INCOME TAX (ASSESSMENT) , SPECIAL RANGE, KOTTAYAM
Entitlement for interest under Section 244A - delay in refund - belated return filing - whether once the delay in filing the return has been condoned, it becomes a valid return and therefore grant of interest is consequential? - Held that - The liabi... ... ...
2016 (9) TMI 1195 - GUJARAT HIGH COURT
THAKORBHAI MAGANBHAI PATEL Versus INCOME TAX OFFICER AND 2
Reopening of assessment - exemption from the payment of capital gain - agricultural land - nature of land - Held that - There is serious doubt about genuineness of the certificate dated 16.1.2013 of the Executive Engineer certifying that the land in ... ... ...
2016 (9) TMI 1194 - PUNJAB AND HARYANA HIGH COURT
M/s Jindal Steel and Power Ltd. through its authorized signatory Mr. Ajay Sehgal Versus The Principal Commissioner of Income Tax, Gurgaon and another
Application to stay the recovery of the demand - Held that - In the present case by the impugned order dated 14.06.2016 the petitioner was required to deposit 15 of the outstanding demand, namely, ₹ 41.64 crores. This figure attained finality. ... ... ...
2016 (9) TMI 1193 - GUJARAT HIGH COURT
GANPAT UNIVERSITY Versus ARVIND SHANKAR
Application for approval under section 10(23C) rejected - Held that - It can thus be seen that generating certain surplus after carrying out educational activities by itself would not indicate that the institution did not exist for educational purpos... ... ...
2016 (9) TMI 1192 - MADRAS HIGH COURT
M/s. Tamil Nadu State Marketing Corporation Ltd Versus The Assistant Commissioner of Income Tax, The Commissioner of Income Tax, The Principal Commissioner of Income Tax
Grant of interim orders - grant of stay - Held that - The Officer, while considering the Stay Application, should consider the three factors pointed out above, should see as to whether the assessee has made out a case for grant of unconditional inter... ... ...
2016 (9) TMI 1191 - GUJARAT HIGH COURT
SUN PHARMACEUTICAL INDUSTRIES LTD Versus DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1
Deduction under Section 80HHC to be worked out without giving effect to the provision of Section 80IA(9) - Held that - Admitted facts are that on identical issue, this Court has in case of Commissioner of Income Tax vs. Atul Intermediates 2014 (4) TM... ... ...
2016 (9) TMI 1190 - MADRAS HIGH COURT
P.R. Thangavelu Versus The Commissioner of Income Tax
Refund of excess amount paid under Kar Vivad Samadhan Scheme Rules, 1998 - Held that - Under normal circumstances, the respondent would be justified in stating that no refund is payable on any amount paid pursuant to the declaration made under Sectio... ... ...
2016 (9) TMI 1189 - CALCUTTA HIGH COURT
Principal Commissioner of Income Tax, (Central) -1, Kol. Versus M/s. Bothra Shipping Services Pvt. Ltd.
Depreciation on pay loaders - nature of asset - Held that - Pay loaders are used on hire for excavation of soil and are also used equally for transport of the excavated soil. Pay loaders are also registered as motor vehicles with the road transport a... ... ...
2016 (9) TMI 1188 - CALCUTTA HIGH COURT
C.I.T., Kolkata Versus Bartaman (South Bengal) Pvt. Ltd.
Entitlment to deduction under section 80-IB - assessee had not filed audit report in Form No.10CCB along with the return of income - Held that - The submission of the audit report u/s.80IB can be filed even during the course of assessment proceedings. See Murli Export House 1995 (8) TMI 4 - CALCUTTA High Court
2016 (9) TMI 1187 - GUJARAT HIGH COURT
M/s. Ashima Syntex Ltd. Versus Assistant Commissioner of Income Tax
Expenditure on the issue of convertible debentures - nature of expenditure - revenue or capital expenditure - Held that - In the present case, a part of the convertible debentures has been converted into equity shares, for which the assessee has incu... ... ...
2016 (9) TMI 1186 - ITAT DELHI
Dev Raj Kataria Versus DCIT, Panipat Circle, Panipat
Reopening of assessment - Held that - There is no bar under the I.T. Act, 1961 regarding issue of notice u/s 148 of the Act after completion of assessment u/s 143(1) of the Act. The Assessing Officer had satisfied the ingredients of section 147 of th... ... ...
2016 (9) TMI 1185 - ITAT MUMBAI
Likproof India Private Ltd. Versus Addl. Commissioner of Income Tax – Ward 1 (2) , Mumbai
Disallowance of foreign exchange fluctuation loss - loss arising on revaluation of outstanding loans on the balance sheet date on the ground that same is capital loss and is not allowed as deduction - Held that - Notional loss which arises owing to a... ... ...
2016 (9) TMI 1184 - ITAT MUMBAI
Smt. Kusum M. Ahuja, M/s J.J. Mehra and Company, Chartered Accountant Versus Income Tax Officer–Ward 19 (1) (1) , Mumbai
Unexplained source of the cash deposits - Held that - The assessee has deposited cash in bank to the tune of ₹ 16,18,000/- for which the assessee has explained by way of cash flow statements , cash book , bank book/summary, bank statements etc.... ... ...
2016 (9) TMI 1183 - ITAT MUMBAI
Khanna Ice and Cold Storage Pvt. Ltd. Versus ITO 10 (3) (4) , Mumbai
Applicability of section 50 on transfer of building - non-depreciable asset - calculation of short term capital gain against long term capital gain claimed by the appellant - Held that - In the present case no asset is depreciable asset, hence provis... ... ...
2016 (9) TMI 1182 - ITAT AHMEDABAD
The Kalupur Commercial Co-op. Bank Ltd. Versus The ACIT, Range-7, Ahmedabad
Disallowance of business expenditure - scholarship to the children of members, payment to legal heirs of members and gifts to members - Held that - The volume of earning of the assessee bank are mainly made through its members. These expenses are inc... ... ...
2016 (9) TMI 1181 - ITAT CHENNAI
The Assistant Commissioner of Income Tax, Non Corporate Circle -4, Chennai Versus Smt. Geetha Durai
Reference to valuation officer - whether CIT(A) erred in referring the valuation of land to the Valuation Officer? - Held that - In the course of assessment proceedings, the assessee has filed valuation report supporting the value as on 01.04.1981 al... ... ...
2016 (9) TMI 1180 - ITAT COCHIN
The Assistant Commissioner of Income-tax, Central Circle-2, Thiruvananthapuram Versus Shri G. Raju and Vica-Versa
Capital gain on inherited land sold - indexed cost of improvements - Held that - It is a fact that the assessee has filed a detailed cash flow shown different sources from which the money has been brought in. The assessee also has explained that duri... ... ...
2016 (9) TMI 1155 - SUPREME COURT OF INDIA
COMMISSIONER OF INCOME TAX Versus SHRI ASHISH P. DEORA
Applicability of section 28(iv) - value of any benefit or perquisite transfer of shares for Failure to comply with the conditions of contract - Held that - We do not find any legal and valid ground for interference. The Special Leave Petitions are di... ... ...
2016 (9) TMI 1154 - ITAT KOLKATA
Smt. Shila Mondal Versus Commissioner of Income Tax (Appeals) Asansol, Office of the ITO, Ward-2 (2) , Asansol
Addition u/s 40A(3) r.w.r 6DD - payment in a sum exceeding 20,000 rupees - depositing cash into the Bank Account of Supplier Asansol Bottling and Packaging Co. Pvt. Ltd. (Warehouse) against issue / purchasers of Country Spirit - Held that - The prima... ... ...
2016 (9) TMI 1153 - ITAT KOLKATA
M/s. PBN Construction (P) Ltd., Siliguri Versus Pr. C.I.T. - Siliguri
Revision u/s 263 - difference of TDS as per 26AS and TDS as declared in Return of Income (ROI) - reasons to believe - Held that - AO is also duty bound to examine that apart from the AIR information, if there is potential escapement income more than ... ... ...
2016 (9) TMI 1152 - ITAT KOLKATA
Pavil lion Commercial Pvt. Ltd. Versus ITO Ward-5 (2) , Kolkata
Treatment to loss on shares - bogus loss - the broker of KSE was suspended - Genuineness of transaction doubted - failure to produce books - Held that - The transactions were complete in terms of documentation and there was no defect in the papers su... ... ...
2016 (9) TMI 1151 - ITAT MUMBAI
G.R. Pandya Share Broking Ltd., C/o. Shah and Company Tax Consul tants Versus Asst. Commissioner of Income Tax-CC-13, Mumbai and Vica-Versa
Validity of proceedings u/s 153A - computing the six assessment years for assessing / reassessing u/s 153C - Held that - The reference to the date of search in cases of other person where warrant of authorization was not issued, the date of receipt o... ... ...
2016 (9) TMI 1150 - ITAT MUMBAI
M/s CNI Research Ltd. Versus DCIT-5 (1) , Mumbai
Disallowance u/s 14A - correctness of the claim - expenditure or no-expenditure for earning exempt income - Held that - sub-section (2) deals with cases where the assessee specifies a positive amount of expenditure in relation to income which does no... ... ...
2016 (9) TMI 1149 - ITAT MUMBAI
IL and FS Employees Welfare Trust Versus Addl. Commr. Of Income Tax 19 (3) , Mumbai and Vica-Versa
Diminution of value of shares - to be treated as business loss or not - Held that - Regular method of valuation to be followed - No doubt it is to be seen whether diminution of investment in the shares is liable to allowable or not. This matter of co... ... ...
2016 (9) TMI 1148 - ITAT DELHI
Ranjeet Singh Khurana, C/o. Rattan Lal and Associates, CA Versus CIT, Delhi-XV, New Delhi
Revision u/s 263 - Voluntary retirement compensation - disallowance of claim of deduction allowed under sec. 10(10C) - profit in lieu of salary - Held that - As decided in CIT vs. Sharda Sinha 2015 (12) TMI 1290 - DELHI HIGH COURT wherein held that t... ... ...
2016 (9) TMI 1147 - ITAT DELHI
M/s. Precision Dwellers (P.) Ltd. Versus DCIT, Central Circle-4, New Delhi
Validity of proceeding under section 153A - no notice under section 143(2) issued within the statutory period available - disallowance under section 40A(3) - existence of incriminating material - Held that - Original return of income under section 13... ... ...
2016 (9) TMI 1146 - ITAT DELHI
DCIT, CIRCLE 19 (1) , NEW DELHI Versus M/s OPG SECURITIES PVT. LTD.
Disallowance in respect of fee paid to SEBI - Held that - CIT(A) has rightly respectfully followed the decision in the case of CIT vs. BLB Ltd. reported 2010 (3) TMI 907 - DELHI HIGH COURT by observing that the assessee was required to pay a fee to S... ... ...
2016 (9) TMI 1145 - ITAT AHMEDABAD
The Dy. CIT, Circle-2, Ahmedabad Versus Sales India Pvt. Ltd.
Allowability of expenditure incurred to renovation of expenses - revenue v/s capital expenditure - Held that - We find that ld.CIT(A) while deciding the issue in favour of assessee has noted that the expenditure incurred was to make tenanted premises... ... ...
2016 (9) TMI 1144 - ITAT DELHI
M/s Rana Bar Ltd P Ltd [Presently known as Radiant Bar Ltd Versus The ITO, Ward 15 (2) , New Delhi
Deduction u/s 80IC - allegation that sales have been inflated in order to claim deduction u/s 80IC of the Act - Held that - A.O held that the assessee has not been able to explain the source of cash deposits in his bank account of ₹ 7,77,86,000... ... ...
2016 (9) TMI 1143 - ITAT MUMBAI
Shri Imran A. Tankiwala C/o. Saif Marine Versus The Income Tax Officer Ward 13 (2) (1) 425, Mumbai
Bogus long term capital gain entries - whether the statement of Shri Mukesh Choksi is sufficient to the addition? - Held that - Except the statement of Shri Mukesh Choksi there is no material available to the Assessing Officer for the said addition. ... ... ...
2016 (9) TMI 1142 - ITAT DELHI
ACIT, Circle-1, Meerut Versus Modern Chemicals, Meerut
Unexplained sundry creditors - Held that - The documents available on record relied upon before the AO the CIT(A) have been taken into consideration. We find that in the absence of any argument assailing the same the finding of the CIT(A) that the ad... ... ...
2016 (9) TMI 1141 - ITAT MUMBAI
ABB Switzerland Ltd., C/o. ABB Ltd. Versus ADIT (IT) -1 (1) , Mumbai
Reopening of assessment - reason to believe - income earned from the Navsari Project -Held that - As no income has been earned from the Navsari Project which is a contract agreement dated 12th September, 2009. Hence in this year also the reopening u/... ... ...
2016 (9) TMI 1140 - ITAT AHMEDABAD
Welmicron Pvt. Ltd. Versus ITO, Ward-4 (4) , Baroda
Reopening of assessment - addition on account of low gp - Held that - In order to reopen the assessment, where the scrutiny assessment has already undertaken, even before the end of the four years, the AO should possess some fresh tangible material, ... ... ...
2016 (9) TMI 1080 - KERALA HIGH COURT
KERALA STATE BEVERAGES (M&M) CORPORATION LIMITED Versus JOINT COMMISSIONER OF INCOME TAX SPECIAL RANGE, TRIVANDRUM AND OTHERS
Assessment of income - total income was determined by adding surcharge on sales tax under the Kerala General Sales Tax Act and turn over tax levied under the Kerala Surcharge on Taxes Act, 1957 - Held that - According to us, irrespective of the contr... ... ...
2016 (9) TMI 1079 - MADRAS HIGH COURT
Commissioner of Income Tax Versus M/s. Chettinad Morimura Semi Conductor Material Pvt. Ltd.
Notional loss of depreciation - whether set off against other income of earlier years prior to initial assessment year could not be carried forward to set off in the initial assessment year for the purpose of working out the deduction under Section 8... ... ...
2016 (9) TMI 1078 - KARNATAKA HIGH COURT
The Commissioner of Income Tax, The Deputy Commissioner of Income Tax Versus M/s Basaveshwara Sahakari Bank Niyamith
TDS u/s 194A - Whether the interest paid to members of a Co-operative Bank above ₹ 10,000/- should be added to tax or not?? - Held that - The provisions of the section 194(3)(v) of the Income-tax Act have been amended so as to expressly provide... ... ...
2016 (9) TMI 1077 - ITAT KOLKATA
A.C.I.T., Central Circle-VI, Kolkata Versus M/s. J.K. Tyre and Industries Ltd.
Addition on account of carried forwarded unabsorbed depreciation - CIT(A) deleted the addition - Held that - Perusal of provisions of s. 32(2) as substituted by the Finance (No. 2) Act, 1996 w.e.f. 1st April, 1997 (hereinafter called the second perio... ... ...
2016 (9) TMI 1076 - ITAT MUMBAI
M/s Vesta Building Products P. Ltd. Versus C.I.T. (A) -21, Mumbai
Disallowance of bad debts - applicability of condition laid down u/s 36(2) - Held that - We are of the considered view that the only condition which required to be fulfilled by the assessee for claiming relief u/s 36(1)(VII) is to demonstrate that th... ... ...
2016 (9) TMI 1075 - ITAT CHANDIGARH
JMJ Essential Oil Company Versus The Income Tax Officer
Levy of penalty under section 271(1)(C) - whether the assessee firm had inflated the profits by introducing the income from undeclared sources to get maximum deduction under section 80IC? - Held that - The facts in the present case, we find, are iden... ... ...
2016 (9) TMI 1139 - RAJASTHAN HIGH COURT
Commissioner of Wealth Tax, Jaipur Versus Ballabh Kumari of Bagsuri, Ajmer
Applicability of provisions of Urban Land (Ceiling & Regulation) Act, 1976 for determining the market value of the plot for purposes of Wealth-tax on the relevant valuation date - Held that - Once there is a restriction on transfer of any land fa... ... ...
2016 (9) TMI 985 - MADRAS HIGH COURT
The Karur Vysya Bank Ltd. Versus The Commissioner of Income-Tax, Trichy
Reopening of assessment - claim of deduction of proportionate liability from the gross wealth of the appellant - Held that - When once all the assets of the business are sought to be valued, the necessity to undertake individual or proportionate dist... ... ...
2016 (9) TMI 243 - ITAT HYDERABAD
Wealth Tax Officer, Ward 16 (2) Hyderabad Versus M/s. Nikhila Estates (P) Ltd.
Nature of land - wealth assessment - urban land - Held that - We find that the asset considered for wealth tax by the AO is claimed to be agricultural land by the assessee. Before the CIT (A), assessee has allegedly filed copies of the sale deeds and... ... ...
2016 (9) TMI 186 - ITAT HYDERABAD
M/s. Siseri Agro Farms P. Ltd. And 40 Others Versus Assistant Commissioner of Wealth Tax, Central Circle-3 (2) , Hyderabad.
Nature of land - whether the said lands fall within the definition of Urban land , so as to bring it to wealth tax? - Held that - The issue whether the said lands fall within the definition of Urban land , so as to bring it to wealth tax require re-e... ... ...
2016 (9) TMI 29 - GUJARAT HIGH COURT
PRINCIPAL COMMISSIONER OF WEALTH TAX Versus SHATRUSHLYASINJI D JADEJA
Powers of Commissioner to revise orders of subordinate authorities - Held that - As twice at the instance of the assessee, Commissioner, in exercise of powers under sub section (1) of Section 25, had directed the Assessing Officer to carry out fresh ... ... ...
2016 (8) TMI 1120 - PUNJAB AND HARYANA HIGH COURT
The Commissioner of Wealth Tax, Patiala Versus M/s Industrial Cables (India) Ltd.
Eligibility of exemption from Wealth Tax under the provisions of Section 2(ea) of the Wealth Tax Act, 1957 whether lands were being used by the assessee for industrial purposes ? Held that - The issue has been decided against the appellant by a Divis... ... ...
2016 (8) TMI 351 - GUJARAT HIGH COURT
COMMISSIONER OF WEALTH TAX Versus DIGVIJAY CEMENT CO. LTD
Urban land - ITAT held that urban land as defined in clause (b) of Explanation 1 to Sec.2(ea) of the Wealth Tax Act does not include any right or interest that a person may be having in the urban land otherwise than by way of actual ownership - Held ... ... ...
2016 (8) TMI 232 - GUJARAT HIGH COURT
THE COMMISSIONER OF WEALTH TAX Versus NARAYAN T. BADDI
Nature of asset - ITAT held that the properties at Worli, Mumbai owned by the assessee was outside the purview of the asset because this property was commercial property, ignoring the fact that sub-clauses (4) and (5) of clause (i) of Section 2(ea) w... ... ...
2016 (8) TMI 131 - GUJARAT HIGH COURT
COMMISSIONER OF INCOME TAX-I Versus BARODA PACKAGING PRIVATE LIMITED
Asset within the meaning of Section 2-E(a) of the Wealth Tax Act - interpreting the phrase Commercial Establishment or Complexes - Held that - considering the decision of this Court in the case of Vasumatiben Chhaganlal Virani (2013 (9) TMI 957 - GUJ... ... ...
2016 (7) TMI 900 - MADRAS HIGH COURT
The Commissioner of Income Tax Versus M.S Ideal Garden Complex Pvt. Ltd.
Applicability of Circular No. 1979 dated 27.03.2000 - excess liability allowed by mistake and rectified under Section 35 of the Wealth Tax Act - Tribunal ordered as no exceptional circumstances as provided in the above said circular was pointed out b... ... ...
2016 (7) TMI 659 - ITAT AHMEDABAD
Wealth Tax Officer, Ward-1 (2) (5) , Ahmedabad Versus Pannalal Baijnath Jaiswal
Wealth tax assessment on the properties owned by the assessee - as assessee s contention that the properties cannot be considered to be an asset within the meaning of term asset as wealth defined under Wealth Tax Act - Held that - We find that the ld... ... ...
2016 (7) TMI 464 - ITAT PUNE
DCWT, Circle-2, Jalgaon Versus Shri Manoj Bansilal. Biyani
Penalty leviable on the mortgaged assets claimed by the assessee as exempt u/s.2(m) of the W.T. Act - denial of deduction u/s.2(m) of the Act on account of mortgaged assets - Held that - Tribunal in batch appeal has already deleted such addition/disa... ... ...
2016 (7) TMI 422 - ITAT VISAKHAPATNAM
Devineni Avinash Versus WTO, Ward-2 (3) , Vijayawada
Nature of land - whether the land held by the assessee is an urban land coming within the definition of asset as per section 2(ea) of the Act or is a stock in trade, which is kept outside the definition of asset? - Held that - The assessee has filed ... ... ...
2016 (7) TMI 50 - GUJARAT HIGH COURT
AMIGO SECURITIES P. LTD Versus ASST. COMMISSIONER OF WEALTH TAX, CIRCLE 1 (1)
Net wealth - whether the land on which the building was under construction is to be included in the net wealth for the purpose of charge of wealth tax u/s.2(ea) and was not excluded u/s.40 clause (v) r.w explanation 1 ? - Held that - Tribunal was jus... ... ...
2016 (6) TMI 471 - ITAT AHMEDABAD
The ACIT, Kheda Circle, Nadiad Versus Shri Rameshbhai Babulal Shah
Escapement of wealth chargeable to tax - cash found in excess of ₹ 50,000/-, being the limit prescribed under Wealth Tax Act, 1957 - Held that - Revenue s submission that since the cash balances are in excess of the limit prescribed under Wealt... ... ...
2016 (6) TMI 448 - ITAT KOLKATA
Shri Bimal Kumar Nopany Versus W.T.O, Ward 56 (4) , Kolkata
Penalty imposed u/s 18(1)(c) of the W.T Act - concealment of wealth for not filing the W.T return voluntarily - Held that - In the present case, The AO must have found that that the assessee concealed his particulars of any asset or furnished any ina... ... ...
2016 (6) TMI 360 - ITAT KOLKATA
Smt. Rita Sur, Kolkata Versus I.T.O., Ward-44 (1) , Kolkata
Penalty on the assessee u/s 18(1)(c) of the Wealth Tax Act - Held that - The show cause notice u/s. 18(2) of the Act is defective as it does not spell out the grounds on which the penalty is sought to be imposed. Following the decision of the Hon ble... ... ...
2016 (5) TMI 1246 - ITAT AMRITSAR
Mrs. Raminder Kaur, W/o Late Major Parkash Singh, M/s Alep Parkash Singh, Ms. Nirmita Bilimoria, Ms. Jyoti Parkash, Ms. Nirlep Sohal Versus The Dy. Commr. of Wealth Tax, Range-III, Jalandhar.
Agricultural lands within the Urban agglomeration or within the notified area limits - whether would not falll within the Scope & Domain of the terminology Asset as contemplated u/s 2(ea)(v) of the W.T.Act, 1957? - Held that - The legislature has... ... ...
2016 (5) TMI 1056 - ITAT KOLKATA
M/s. Gentex Merchants Private Limited Versus W.T.O, Ward 8 (4) , Kolkata
Scope of Assets u/s 2(ea) of Wealth Tax Act, 1957 - inclusion of residential building let out and only for brief period the property was vacant - Letting out period is less than 300 days - Held that - It could be appreciated that the asset which was ... ... ...
2016 (5) TMI 980 - ITAT AHMEDABAD
WTO Sabarkantha Ward-3, Himatnagar Versus H.H. Maharaja Daljitsinghji
Valuation of immovable properties - matter refereed to Department Valuer for determining the fair market value - Held that - While deciding the issue in favour of assessee ld.CWT(A) has given a finding that identical issue about the valuation of same... ... ...
2016 (5) TMI 888 - BOMBAY HIGH COURT
The Commissioner of Wealth Tax, Versus M/s Goa International School Pvt. Ltd.,
Urban land - nature of land - whether any error was committed by the learned Tribunal while coming to the conclusion that the subject land is not urban land - Held that - The relevant Assessment Year in the present case is admittedly much before the ... ... ...
2016 (5) TMI 841 - DELHI HIGH COURT
Commissioner of Wealth Tax Versus Mohan Exports India P. Ltd
Property included in net wealth - Held that - In a situation like the present one where the possession and control of the property vests with the Assessee to the exclusion of everyone else and it is the Assessee who is exploiting the property for its... ... ...
2016 (5) TMI 659 - ITAT HYDERABAD
RKS Motor Pvt. Ltd. Versus Dy. Commissioner of Wealth tax, Circle – 3 (1) , Hyderabad
Treatment to cars used in the business of the assessee as assets for wealth tax purpose - Held that - There is no doubt the cars were used in the business, which are essential to run the business, which are applied in the business similar to plant an... ... ...
2016 (5) TMI 613 - ITAT PUNE
Ranka Jewellers Private Limited Versus DCWT, Central Circle-1 (2) , Pune
Penalty u/s 18(1)(c) of the W.T. Act - Held that - In the instant case, although the assessee has filed the return disclosing the amount of ₹ 90 lakhs prior to issue of notice u/s.17, however, the same was already detected by the department dur... ... ...
2016 (5) TMI 569 - ITAT AHMEDABAD
Dy. Commissioner of Income Tax Versus Shri Dushyant A Dave
Net wealth computation - exclusion of property Delhi taken on lease - that - The case made out before us is that the above stated Delhi house is on rent with the assessee and the same cannot be treated to be belonging to him. The Revenue fails to quo... ... ...
2016 (9) TMI 1179 - CALCUTTA HIGH COURT
Lcl Logistix India Pvt. Ltd. Versus Union of India
Failure to comply with condition of pre-deposit - Computation of service tax liability - includability/excludability - cost of freight charged from the clients and paid out to the transporters - Held that - prima facie, there appears to be some subst... ... ...
2016 (9) TMI 1138 - CESTAT BANGALORE
M/s Secon Surveys (P) Ltd. Versus The Commissioner of Service Tax, Bangalore And Commissioner of Central Excise & Service Tax Versus M/s Secon Surveys (P) Ltd.
Validity of Deputy Commissioner and Commissioner (Appeals) order - Doctrine of Merger - jurisdiction of the same to adjudicate a demand notice involving the amount more than ₹ 5,00,000/- - all the services covered by the impugned order became t... ... ...
2016 (9) TMI 1137 - CESTAT NEW DELHI
C.C.E. Indore Versus M/s. National Steel & Agro Industries Ltd.
Refund claim - service tax paid on GTA services - Notification No. 41/2007-ST which allows refund of service tax in case of export of the goods - export was not done by the assessee himself but the same were through a merchant exporter - Held that - ... ... ...
2016 (9) TMI 1136 - CESTAT MUMBAI
Idea Cellular Ltd. Versus Commissioner of Service Tax, Mumbai
Cenvat credit - service tax paid on various input services and utilization thereof - Demand - utilization of CENVAT credit in excess of 20 - Held that - as per the provisions of Rule 6(3)) of Cenvat Credit Rules, 2004, cenvat credit cannot be utilize... ... ...
2016 (9) TMI 1135 - CESTAT NEW DELHI
M/s Bharti Airtel Limited Versus CCE, Indore
Power and jurisdiction of Commissioner - Commissioner directed the Assistant Commissioner to file an appeal before the Commissioner (Appeals) against the order of original adjudicating authority prior to 19.08.2009 - Held that - Sections 84 clearly r... ... ...
2016 (9) TMI 1134 - CESTAT MUMBAI
Emerson Export Engineering Centre Versus Commissioner of Central Excise
Refund claim - unutilized CENVAT credit of service tax paid - amount of credit availed on Mediclaim for the family members of the staff and service tax paid from the opening balance of the CENVAT account - Held that - the refund is ineligible and fai... ... ...
2016 (9) TMI 1112 - SUPREME COURT OF INDIA
Union of India And Ors. Versus Mega Cabs Pvt. Ltd.
Power to Audit under Service Tax - Scope of Rule 5A(2) of service tax Rules, 1994 r.w.s. 94(1) and 94(2)(k) - Power to demand documents - Apex Court stayed the decision of the High Court 2016 (6) TMI 163 - DELHI HIGH COURT wherein the hon ble high co... ... ...
2016 (9) TMI 1111 - CESTAT NEW DELHI
CCE, Indore Versus M/s Gajra Gears Pvt. Limited
Service tax liability - banking and financial service - income earned towards leasing out of certain machines - agreement was for providing lease/ right by the respondent to the third party for use of plant and machinery for a period of five years - ... ... ...
2016 (9) TMI 1110 - CESTAT NEW DELHI
M/s. Selvel Media Services Pvt. Ltd. Versus Commissioner of Service Tax Delhi
Cenvat credit - availment of Cenvat credit of Branch office by Head office - entire tax liability including the tax liability of the Branch office was being discharged by their head office - non-centralization of Delhi Head Office of the appellant - ... ... ...
2016 (9) TMI 1109 - CESTAT BANGALORE
M/s Memco Associates (India) Pvt. Ltd. Versus The Commissioner of Service Tax, Bangalore
Imposition of penalty without quantification of the penalty amount - Section 78 of the Finance Act, 1994 - contravention of the provisions of Finance Act, 1994 - non-discharge of service tax on the invoices raised in respect of Annual Maintenance Con... ... ...
2016 (9) TMI 1108 - MADRAS HIGH COURT
Southern Investments Private Ltd. Versus The Commissioner of Service Tax (Appeals-1) , The Assistant Commissioner of Service Tax
Challenge to the show cause notice - Availment of appeal remedy available to petitioner in terms of Section 86 of the Finance Act, 1994 - petitioner was entitled to file an appeal before CESTAT but did not availed the same only for the reason that th... ... ...
2016 (9) TMI 1107 - BOMBAY HIGH COURT
Inox Air Products Ltd. Versus The Commissioner of Service Tax, Mumbai
Validity of CESTAT order - Tribunal dismissed the appeal on the ground that matter is pending before the High court - Doctrine of merger - renting of immovable property service - Held that - this Court is deciding the issue as to whether such a trans... ... ...
2016 (9) TMI 1106 - CESTAT NEW DELHI
AIR Astana Versus C.C.E., Delhi-I
Valuation - includability - PSF charges and Airport Taxes in the value of Taxable services - service tax to be payable on the gross consideration collected from the International Passengers - Held that - the issue involved in this case is squarely co... ... ...
2016 (9) TMI 1105 - CESTAT NEW DELHI
M/s. M.K. Traders Versus C.C.E., Indore
Invokation of extended period of limitation - Section 73 of the Finance Act, 1994 - Demand - Held that - the charges of suppression, misstatement etc. have not been specifically made therein for confirmation of service tax demand beyond the normal pe... ... ...
2016 (9) TMI 1104 - CESTAT NEW DELHI
M/s Bainanda Construction Co. Versus CCE & ST, Jaipur - I
Waiver of pre-deposit - Classification - site clearance, excavation, earth/sand filling etc. - whether to be classified as pre-commissioning activities under Commercial and Industrial Construction service or to be classified under Erection, Commissio... ... ...
2016 (9) TMI 1103 - CESTAT NEW DELHI
M/s. Mittal Appliances Ltd. Vs Commissioner of Central Excise Indore
Power and jurisdiction of Commissioner - Commissioner directed the Assistant Commissioner to file an appeal before the Commissioner (Appeals) against the order of original adjudicating authority prior to 19.08.2009 - Held that - Sections 84 clearly r... ... ...
2016 (9) TMI 1060 - CESTAT NEW DELHI
M/s. Dolphins Knit Pvt. Ltd. Versus C.C.E. Jaipur-I
Refund claim - THC, MT TSC, Documentation Charges, Handling Charges - whether to be covered under port service as the service provider are registered under different category of services and proof of deposition of tax under port service not produced ... ... ...
2016 (9) TMI 1059 - CESTAT MUMBAI
JDSU India Pvt. Ltd. Versus Commissioner of Service Tax, Pune
Cenvat credit - various services of repairs, renovation and modernization of the premises - service provider has categorized the services under work contract service and discharged the service tax liability - Held that - the service provider provided... ... ...
2016 (9) TMI 1058 - CESTAT ALLAHABAD
Harish Aneja Versus Commr. of C. Ex. & Service Tax, Hapur
Condonation of delay in filing appeal - appellants shifted from Bareilly to delhi so could not get to know about the OIO which was sent to their old address of Bareilly and served on the guard or the caretaker, who neither understood importance, nor ... ... ...
2016 (9) TMI 1057 - CESTAT AHMEDABAD
Banco Products India Limited Versus Commr. of C. Ex. & S.T., Vadodara
Refund claim - whether 7-11-2014, the date on which the original refund claim was filed, should be considered as the date of filing the refund claim, or the date of filing the revised application which is on 8-2-2015 should be the relevant date - Hel... ... ...
2016 (9) TMI 1028 - BOMBAY HIGH COURT
Mumbai International Airport Private Limited, C.J. Leasing (Cayman) Ltd. And Another Versus Commissioner of Service Tax And Others
Auction of aircraft to recover service tax dues - rights of bidder - non-deposit of amount since the sale was not confirmed - Seeking recall of its earlier order and permission to Applicant/Respondent No. 1 to conduct fresh auction of the concerned a... ... ...
2016 (9) TMI 1027 - MADRAS HIGH COURT
M/s. Aqua Designs India Pvt. Ltd. Versus Principal Commissioner of Service Tax
Maintainability - other remedies available to the petitioner - petitioner seeking permission to bypass the appellate remedy available to the petitioner under the provisions of the Act by approaching the CESTAT - petitioner submitted that the impugned... ... ...
2016 (9) TMI 1026 - BOMBAY HIGH COURT
Cavim Properties Private Limited & Another Versus The Union of India & Others
Validity of attachment orders - recovery of service tax dues - dispute is whether the petitioners have cleared the entire sum of ₹ 3,41,82,926/or anything is balance. - Held that - we do not approve of the conduct of the respondents in the pecu... ... ...
2016 (9) TMI 1025 - CESTAT NEW DELHI
CCE, Indore Versus M/s Virmani Enterprises
Service tax liability - valuation - inclusion of reimbursement of expenses - clearing and forwarding services - gross amount received by the respondent while providing the C&F service - Held that - by following the decisions of the Hon ble High Court... ... ...
2016 (9) TMI 1024 - CESTAT NEW DELHI
M/s Max Logistics Limited Versus CCE, Jaipur
Service tax liability - revenue sharing arrangements - Whether or not the appellants rendered any taxable services under the category of BAS and if so whether the demand has been made within the permissible time limit in terms of Section 73 - full va... ... ...
2016 (9) TMI 1237 - CESTAT ALLAHABAD
Commissioner of Central Excise, Lucknow Versus M/s S.K. Metal Industries
Classification - Whether the brass granules manufactured by the appellant are required to be classified under CETH 74.0-3.21, as claimed by the Revenue or under CETH 74.06 as claimed by the Respondent - Held that - copper predominates by weight and b... ... ...
2016 (9) TMI 1236 - CESTAT MUMBAI
M/s Nilons Enterprises P. Ltd. Versus CCE, Nashik
Cenvat credit - wrongly availed on the invoices raised by their unit no. 1 at unbranded goods - Held that - it is found that there is no dispute that the unit no. 1 of the appellant has discharged the duty liability on the said unbranded pickles the ... ... ...
2016 (9) TMI 1235 - CESTAT NEW DELHI
M/s. Audi Auto Mobiles Versus C.C.E., Indore
Demand and imposition of penalty - cash discount granted on the chassis cleared on payment of duty - non-inclusion of the amount of freight, insurance and octroi paid on the chassis received by it from M/s.Tata Motors in arriving at the assessable va... ... ...
2016 (9) TMI 1234 - CESTAT NEW DELHI
M/s. Ultra Tech Cement Ltd. Versus C.C.E. & S.T., Raipur
Cenvat Credit - sale of waste and scrap of metal goods arisen during the course of repair and maintenance of various plant and machinery - non-payment of central excise duty - Held that - in view of the settled principles of law, we are not in agreem... ... ...
2016 (9) TMI 1233 - CESTAT ALLAHABAD
International Tobacco Company Limited Versus C.C.E. & S.T., Ghaziabad
Seeking destruction of cigarettes and remission of duty thereupon - Notification issued by Ministry of Health & Welfare requiring adherence of specified pictorial warning on the retail packages as an essential condition of marketing - goods reach... ... ...
2016 (9) TMI 1232 - CESTAT ALLAHABAD
M/s. Jubilant Organosys Ltd. Versus Commissioner of Central Excise, Noida
Notification No.167/71-CE dated 11.09.1971 - eligibility for exemption - carrying out research and development in the area of polymers, resins, adhesives, bulk drugs and drug intermediates - Held that - the said Notification dated 11.09.1971 provides... ... ...
2016 (9) TMI 1231 - CESTAT HYDERABAD
M/s NCL Industries Ltd. Versus The Commissioner C.C.E & ST, Guntur
Imposition of penalty - Rule 25 of the Central Excise Rules 2004 - duty evasion - default in payment of duty - one day in an instance and two days in another instance owing to severe financial difficulties - Held that - by respectfully following the ... ... ...
2016 (9) TMI 1230 - CESTAT ALLAHABAD
M/s Sanspareils Greelands Pvt Ltd. Versus Commissioner of Central Excise, & S.T., Meerut
Invokation of extended period of limitation - Classification - Gloves, manufactured and used for sports - whether to be classified under Chapter heading No.9506 of Schedule to CETA, 1985 or under Tariff Item No.4203 2110 of said schedule - notificati... ... ...
2016 (9) TMI 1229 - CESTAT NEW DELHI
M/s. Topworth Steels & Power Pvt. Ltd. Versus The Commissioner, Customs & Central Excise, Raipur
Cenvat credit - various iron and steel articles - steel items used in fabrication of capital goods and welding electrodes, Oxygen Gas and LPG Gas used in the manufacture of capital goods or for repair of the same - Held that - without going into the ... ... ...
2016 (9) TMI 1178 - PUNJAB AND HARYANA HIGH COURT
Commissioner, Central Excise, Ludhiana Versus M/s National Fertilizers Limited
Demand of interest - Whether the interest is chargeable from the date of original adjudication order or from the date of issuance of the adjudication orders in de-novo proceedings, once the demand of duty was upheld by the Tribunal but only the quant... ... ...
2016 (9) TMI 1177 - CESTAT KOLKATA
M/s. Panna International Versus Commissioner of Central Excise, Kolkata
Clandestine removal of goods - Whether appellant was manufacturing Zinc Ingots for the entire period from 1996-1997 to 2000-2001 or started such Zinc Ingot manufacturing few days before the search - Held that - the case of the Revenue is that appella... ... ...
2016 (9) TMI 1176 - CESTAT KOLKATA
M/s. Maithan Alloys Ltd., Shri Subodh Agarwalla, Director of M/s. Maithan Alloys Ltd. Versus Commissioner of Central Excise, Bolpur
Whether stock-taking of goods manufactured by the Appellant has been correctly done by the officers of DGCEI and the Income Tax authorities to determine shortages and clandestine removal of goods - Imposition of penalty - Held that - there is no othe... ... ...
2016 (9) TMI 1175 - CESTAT NEW DELHI
M/s Essar Steel India Limited Versus CCE, Raipur
Valuation - captive consumption - Frequency or periodicity of costing in terms of CAS-4 - whether the CAS 4 based costing of Iron Ore Concentrate is to be done on an annual basis or for a lesser durations of 2/4/5 months, as and when the raw material... ... ...
2016 (9) TMI 1174 - CESTAT NEW DELHI
M/s. Raman Bhatia, Jai Bhawani Con Cast (Pvt.) Ltd. Versus C.C.E. & S.T. Jaipur
Confiscation of seized SS Ingots - Recovery of Central Excise duty - confirmation of demand was drawn from certain private records recovered from the premises of the appellant unit and various statements given by the Director, Authorized Signatory, G... ... ...
2016 (9) TMI 1173 - CESTAT ALLAHABAD
M/s Flaktwoods Acs (India) Pvt. Ltd. Versus Commissioner of Central Excise & S.T., Noida-II
Valuation - includability - freight incurred in transportation of goods manufactured - post clearance from the factory to the place or site of the buyers - Held that - it is evident that the goods have been delivered to the buyer at the factory gate ... ... ...
2016 (9) TMI 1172 - CESTAT CHANDIGARH
M/s Modern Insecticides Ltd. Versus CCE, Ludhiana
Export of goods procured against CT-1 certificate after processing and not in the same condition - entitlement of benefit of Notification No. 42/2001 CE(NT) dated 26.06.2001 - contravention of condition of Notification - Held that - there is no alleg... ... ...
2016 (9) TMI 1171 - CESTAT ALLAHABAD
IFP Petro Product Pvt. Ltd. Versus Commissioner of Central Excise & S.T. Ghaziabad
Deemed Manufacture - emergence of clean oil through the processes, such as, Dehydration, Distillation, Clay Polishing and Filtration from waste and used oil - clean oil were packed in bulk packs of drum and sold to industrial customers - application ... ... ...
2016 (9) TMI 1170 - CESTAT ALLAHABAD
M/s Montage Enterprises Pvt. Ltd. Versus Commissioner of Central Excise, Noida
Recovery of Cenvat credit - Reversal of Cenvat credit under Rule 6(3) passed on to the buyers - laminates manufactured by appellant - Department alleged that appellants wrongly paid Central Excise duty and wrongly passed on Cenvat Credit to their buy... ... ...
2016 (9) TMI 1133 - CESTAT KOLKATA
S.A.I.L Versus Commr. of Central Excise, Bolpur
Modvat credit - necessary entries relating to aluminium shots used in the manufacture of steel were not made in RG-23A Part-I, since at the material time, the appellants were not aware as to whether deemed credit on the said goods were admissible - i... ... ...
2016 (9) TMI 1132 - CESTAT KOLKATA
Commissioner of Central Excise, Jamshedpur Versus M/s. Tata Motors Ltd.
Classification - motor vehicle chassis manufactured and cleared in CKD/SKD condition from various divisions of the respondent - whether to be classified under CETH 8708 as per appellant or CETH 8706 as per Revenue - Held that - a correct classificati... ... ...
2016 (9) TMI 1131 - CESTAT NEW DELHI
M/s Wenger and Company, Shri Atul Tandon, Partner Versus CCE, Delhi
SSI Exemption - Valuation - Notification No. 8/2003-CE dated 1.3.2003 - retail prices charged to customers in the shop - Held that - appellant pleaded that the department added the value of even non-excisable goods and exempted excisable goods which ... ... ...
2016 (9) TMI 1130 - CESTAT NEW DELHI
M/s Fun Foods Pvt. Ltd., Shri Rajiv Behl Versus CCE, Jaipur
Classification - Milk Shake Mixes - whether they are to be classified under Chapter Heading 1901.90 90 of Central Excise Tariff as per Revenue or under 0404 as claimed by the assessee - Held that - by considering the CESTAT s decision in the case of ... ... ...
2016 (9) TMI 1129 - CESTAT NEW DELHI
CCE, Raipur Versus M/s Hira Ferro Alloys Ltd.
Cenvat credit - eligibility - inputs and capital goods i.e. steel, copper items used in fabricating support structures which is not included in the registered premises - structures emerging are not capital goods and or immovable civil constructions -... ... ...
2016 (9) TMI 1128 - CESTAT ALLAHABAD
M/s Varun Beverages Ltd. Versus Commissioner of Central Excise And Vice-Versa
Refund claim - period from July, 2001 to March, 2002 - Special Excise Duty & Educational Cess paid by them from 1st March, 2005 to 6th April, 2005 on the goods manufactured by them - unjust enrichment - appellant passed on various discounts to th... ... ...
2016 (9) TMI 1127 - CESTAT NEW DELHI
M/s. Aditya Cement Versus CCE, Jaipur-II
Cenvat credit - dumpers and parts thereof - dumpers used for carrying raw materials like limestone etc. from the mining area to the site of the crusher - Held that - dumpers are material handling equipments used for transportation of limestone from m... ... ...
2016 (9) TMI 1228 - CESTAT MUMBAI
M/s Intellect Components Co. Versus Commissioner of Customs, NCH, Mumbai
Rejection of declared value - Regrind ABS 20 Glass filled - Rule 10A under the Customs Valuation Rules, 1988 - Notification No. 10/98-Cus (NT) dated 19.2.1998 allowed rejection of transaction value in certain circumstances - discount of 35 over the P... ... ...
2016 (9) TMI 1227 - CESTAT NEW DELHI
M/s Technova Imaging Systems (P) Ltd and Fujifilm (I) Pvt. Ltd., Fujifilm Printing Plate (China) Co. Ltd., Fujifilm Printing Plate Co. Ltd. Versus Union of India/DA
Legality and correctness of levy of Anti-Dumping duties - digital plates imported from China and Japan - Customs Notification No. 3/2012 -CUS (ADD) - Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles an... ... ...
2016 (9) TMI 1226 - CESTAT NEW DELHI
M/s Flower and Tissue India Ltd. Versus CCE, Alwar
Demand of customs duty on capital goods imported - imposition of penalty - 100 EOU - tissue culture plants - capital goods originally imported duty-free for setting up of the unit. On account of failure to carry on the business, the factory had to be... ... ...
2016 (9) TMI 1225 - CESTAT NEW DELHI
M/s. Honest Enterprises Ltd., M/s. Navnidhi Steel & Engg. Co. Pvt. Ltd., Shree Ramdev Metal Mart, M/s. Siddhivinayak Steel and M/s. Reliance Stainless Steel Versus Designated Authority, Directorate, General of Anti-Dumping and Allied Duties/Ministry of Finance
Imposition of Anti-dumping duty - import of hot rolled flat products of stainless steel - Final Findings dated 11.10.2011 of Designated Authority (DA), Directorate General of Anti-Dumping and Allied Duties, Ministry of Commerce & Industry - notif... ... ...
2016 (9) TMI 1224 - MADRAS HIGH COURT
Commissioner of Central Excise (Exports) Versus M/s. Aren Shipping Agents (P) Ltd., Customs, Excise & Service Tax Appellate Tribunal
Application for renewal of CHA Chennai license - license issued at Vishakapatnam and their branch license registered with Chennai Customs - expiry of Chennai license - respondent allowed to operate as CHA in Chennai Customs under Regulation 10(2) of ... ... ...
2016 (9) TMI 1169 - PATNA HIGH COURT
Commissioner of Customs Preventive, Patna Versus Smt. Nirmala Mitra
Confiscation of seized gold under Sections 111(d) and 111(p) of the Customs Act, 1962 - imposition of penalty under Section 112(b) of the Customs Act, 1962 - contravention of the provisions of Section 11 of the Customs Act, 1962 read with Section 3(1... ... ...
2016 (9) TMI 1168 - MADRAS HIGH COURT
T. Raja Versus The Commissioner of Customs, The Additional Commissioner of Customs, The Assistant Commissioner of Customs (CBR)
Prayer for issuance of writ of certiorarified mandamus to quash the circular - accept application for the grant of Custom Broker Licence - permission to write examination, conducted under the Regulation 6 of Customs Broker Licence Regulation, 2013 (C... ... ...
2016 (9) TMI 1167 - CESTAT NEW DELHI
M/s Indraprast Traders Versus CCE, Bhopal
Mis-declaration of goods in the shipping bills - confiscation of export goods under section 113 of the Customs act, 1962 - option to pay redemption fine of ₹ 20 lakh under section 125 of the Customs Act, 1962 - imposition of penalty of ₹ ... ... ...
2016 (9) TMI 1166 - CESTAT NEW DELHI
M/s Rishiroop Polymers Pvt. Ltd., M/s Kumho Petrochemicals Limited and M/s National Organic Chemical Industries Ltd. Versus Designated Authority, DGAD Respondent Ministry of Finance
Enhancement of Anti Dumping Duty - rubber chemicals known as PX13 (6 PPD) - Mid Term Review - Notification No. 92/2011-Cus. dated 20.09.2011 - imports of subject goods from PR China and Korea RP - Rule 23 of Anti Dumping Rules indicate the powers of ... ... ...
2016 (9) TMI 1165 - CESTAT KOLKATA
Shri Kubolay Paul, Proprietor of M/s. Radha Raman Traders, Silchar Versus Commissioner of Customs (Prev.) , Shillong
Provisional release of betel nuts seizure evidence produced as to the ownership of the goods whether rejection of provisional release of goods is proper and justified? Held that - Even if no owner is coming forward to claim the goods then also it is ... ... ...
2016 (9) TMI 1164 - CESTAT NEW DELHI
Rupinder Singh Versus C.C., New Delhi (Import & General)
Revocation of CHA license - forfeiture of security deposit - smuggling of R-22 gas - Regulation 22 of the CBLR, 2003 - time limits prescribed under CBLR of 90 days prescribed for submission of the enquiry report after the issue of show cause notice -... ... ...
2016 (9) TMI 1163 - CESTAT HYDERABAD
M/s Balaji Biotech Ltd. Versus Commissioner C&C. E, Guntur (Vice-Versa)
100 EOU - DTA sale of prawn seed - production and export of shrimp and processed shrimp - Notification 13/81-Customs - Notification 123/81-central Excise dated 02-06-1981 - whether the impugned prawn seed have been removed from the EOU into the DTA o... ... ...
2016 (9) TMI 1123 - CESTAT NEW DELHI
M/s. Surabhi Enterprises Pvt. Ltd. and M/s. Sanjay Chemicals Versus Designated Authority, Directorate General of Anti-Dumping and Allied Duties Ministry of Finance and others
Effect of withdrawal of Anti-Dumping Duty - Sodium Tripoly Phospate - import from China - based upon the Final Finding of the Designated Authority, notification No. 13/2012-Cus (ADD) dated 22.2.2012 rescinded the earlier notification No. 58/2011-CUs ... ... ...
2016 (9) TMI 1122 - MADRAS HIGH COURT
Balakrishna Reddy Versus The Assistant Commissioner of Customs
Issuance of writ of mandamus to implement the order passed by the appellate authority - the appellate authority dismissed the appeal filed by the Department and allowed the petitioner s appeal and reduced the redemption fine for re-export from ₹... ... ...
2016 (9) TMI 1121 - CESTAT KOLKATA
M/s. Laxmi Narayan Udyog (P) Ltd., Shri Laxman Ghosh, Shri Rintu Kundu, Shri Biswanath Ghosh, Shri Amal Mali, Shri Barun Kundu, Shri Prem Ballav Ghosh, Shri Ranjit Kumar Kundu Versus Commissioner, Customs (Prev.) , W.B., Kolkata
Confiscation of empty bags under Section 118(b) of the Customs Act, 1962 - huge quantities of sugar stored in the house of one Amal Mali for illegal export to Bangladesh - search of premises on seizure of sugar/ empty bags - restriction on sale/expor... ... ...
2016 (9) TMI 1120 - CESTAT KOLKATA
Krishna Shipping Agency Versus Commissioner of Customs (Airport & Admn) , Kolkata
Revocation of CHA license - forfeiture of security deposit - Regulation 20(1) of Customs House Agents Licensing Regulations 2004 - declaration of consignment as photocopying machines - on examination Red Sanders Wood found - whether Adjudicating auth... ... ...
2016 (9) TMI 1119 - CESTAT KOLKATA
M/s. K.R. Srilaxmi Deals Pvt. Ltd. Versus Commr. of Customs, Kolkata
Valuation - loading the assessable value on the basis of other brand of goods - Westride Brand - LingLong Brand - CIF value - whether or not first appellate authority has correctly loaded the assessable value of the Chinese origin tyres? - Held that ... ... ...
2016 (9) TMI 1118 - CESTAT KOLKATA
Mr. Abdul Halim Versus Commr. of Customs (Appeals) Kolkata
Valuation - import of Crystal beads of marquise shaped glass with coating on its back - whether enhancement in declared value has been correctly made and upheld by the lower authorities with respect to glass beads/Chattons imported by the appellant? ... ... ...
2016 (9) TMI 1117 - CESTAT MUMBAI
Commissioner of Central Excise Versus M/s Virlon Textile Mills Ltd. Shri Adarsh Veer Jain
Demand of duty forgone on imported material - exemption availed under Notification No. 53/97-Cus dated 03.06.1997 - EOU engaged in manufacture of Polyester Texturised/Dyed Yarn - Partially Oriented Yarn - The entire consignment of POY imported by the... ... ...
2016 (9) TMI 1093 - CESTAT BANGALORE
Krishna Brothers Versus Commissioner of Customs, Cochin
Revocation of CHA licence - forfeiture of security deposit - regulation no. 19(1) of the CBLR 2013 - imposition of penalty - Held that - It is the responsibility of the CB to question the importer or exporter regarding the legal provisions and proced... ... ...
2016 (9) TMI 1092 - DELHI HIGH COURT
Rosa Power Supply Co. Ltd. Versus Union Of India & Ors.
Scope of review in review petition - denial of deemed export benefits if the Bill of Entry is in the name of the project authority - monetary claim in the writ petition - review petition on the ground that decision is erroneous - maintainability - ca... ... ...
2016 (9) TMI 1091 - BOMBAY HIGH COURT
Shah Nanji Nagsi Exports Pvt. Ltd. Versus Joint Directorate General of Foreign Trade And Others
Stay of interim order for a period of four weeks so as to enable the petitioner to challenge the order passed in higher court - encashment of Bank Guarantee - imported corn - entitlement to petitioner of equitable and discretionary interim relief - H... ... ...
2016 (9) TMI 1090 - DELHI HIGH COURT
NPT Papers Pvt. Ltd. Versus Principal Commissioner of Customs ICD (Import)
Condition for provisional release of goods - quasi-judicial order - maintainability - demand of differential duty - execution of bank guarantee of 30 of the differential duty - Held that - the condition for release is modified to the extent that inst... ... ...
2016 (9) TMI 1089 - BOMBAY HIGH COURT
Grant Investrade Ltd. & Another, Induslnd Media & Communications Ltd. Versus Union of India & 4 Others
Valuation - demand of customs duty on license fee paid to the overseas licensor - payment of service tax on license fee - reverse charge mechanism - import of set top boxes - multi-channel down-linking - distribution and transmission of technology - ... ... ...
2016 (9) TMI 1088 - DELHI HIGH COURT
Vipul Overseas Pvt. Ltd. Through: Sh. Surinder Garg, Director Versus Directorate Of Revenue Intelligence Delhi Zonal Unit & Another
Refund claim after adjustment of customs duty - demand of differential duty - mis-declaration of goods - imported paper - Held that - Once the adjudication was completed and the true value determined, it is the differential duty which has to be depos... ... ...
2016 (9) TMI 1223 - GUJARAT HIGH COURT
STATE OF GUJARAT Versus SAURASHTRA KIDNEY RESEARCH INSTITUTE
Scope of the term Dealer - a public charitable trust running and maintaining a public hospital - Bombay Public Trust Act - The hospital has a medical store in the premise from where the medicines and other pharmaceutical drugs and equipments are sold... ... ...
2016 (9) TMI 1222 - KARNATAKA HIGH COURT
M/s. Hema Engineering Versus The State of Karnataka
Rectification of re-assessment order under Section 69(2) of the VAT Act - fabrication of iron and steel gates and windows etc - Entry Sl.No.4 of the Sixth Schedule taxable at 4 and at 5.5 after issuance of clarification on 26.3.2015 - Entry Sl.No.23 ... ... ...
2016 (9) TMI 1221 - GUJARAT HIGH COURT
STATE OF GUJARAT THROUGH Versus DRESSER RAND INDIA PVT LTD
Pre-sale inspection charges - works contract for supply and installation of machinery - Gujarat Sales Tax Act - export sale - assessee had a taxable turnover of ₹ 25.57 crores (rounded off) which included a sum of ₹ 3.71 lacs (rounded off... ... ...
2016 (9) TMI 1220 - MADRAS HIGH COURT
Tvl Fal Industries Limited and Tvl Forbes & Co. Ltd. Versus Commercial Tax Officer, Thiruvanmayur Assessment Circle, 98, Annai Velankanni Church Road, Chennai
Validity of order of assessment - TNGST Act, 1959 - Vaccum Cleaner - Excise Duty paid on the MRP as per the (Union Budget) Notification issued by the Central Excise (vide amended Central Excise Notification No.13/2002)CE(NT) dated 01.03.02 - verifica... ... ...
2016 (9) TMI 1219 - KARNATAKA HIGH COURT
M/s Entire Ceramics Limited Versus The Deputy Commissioner of Commercial Taxes, The Assistant Commissioner of Commercial Taxes, The Joint Commissioner of Commercial Taxes
Refund claim - Section 50 of the VAT Act - refund should have been made within thirty days from the date of the order passed by the first appellate authority. Despite requests made by the petitioner, refund has not been made for more than eight month... ... ...
2016 (9) TMI 1162 - KERALA HIGH COURT
INDIRA DEVI A.V Versus THE COMMERCIAL TAX OFFICER, THIRUVANANTHAPURAM DIST. AND OTHERS
Levy of tax on discount received from the suppliers - Section 25 of the Kerala Value Added Tax Act, 2003 - total purchase not reported in the annual return and audited accounts, discount deducted from the total value of the bill and input tax credit ... ... ...
2016 (9) TMI 1161 - MADHYA PRADESH HIGH COURT
Jindal Agro Oils Balwada & 35 others Versus State of Madhya Pradesh & another
Proportionate dis-allowance of Input Tax Credit - Madhya Pradesh Value Added Tax Act, 2002 - by-product oil cake - commodity oil cake declared tax free under Section 16 by specifying in Entry No.3 of Schedule I of the Act - manufacture of oil - Input... ... ...
2016 (9) TMI 1160 - MADRAS HIGH COURT
M/s. Vishal Collection Versus The Assistant Commissioner (CT) , The Commercial Tax Officer, The Deputy Commissioner (CT) , The Joint Commissioner (CT)
Revision of assessment - inspection of the place of business by the Enforcement Wing Officials of the Commercial Taxes Department - Tamil Nadu Value Added Tax, 2006 - hosiery garments - local sales of cloth and inter-State sale of garments with stitc... ... ...
2016 (9) TMI 1159 - MADHYA PRADESH HIGH COURT
Hazarilal Versus State of MP & others
Demand of input tax rebate - cancellation of refund of input tax credit - Section 47(2) of the Madhya Pradesh Value Added Tax Act, 2002 - edible oil - whether demand of input tax credit refunded earlier justified? - Held that - the proper course in c... ... ...
2016 (9) TMI 1158 - JHARKHAND HIGH COURT
The Tinplate Company of India Limited Versus The State of Jharkhand, CommissionercumSecretary, Commercial Taxes Department, Deputy Commissioner of Commercial Taxes, Commercial Taxes Officer
Validity of assessment order - Bihar Sales Tax Act - Central Sales Tax Act - Form H left out for consideration reassessment proceedings - penultimate sale before export of the goods under Section 5(1) of the CST Act - Held that - reassessment proceed... ... ...
2016 (9) TMI 1116 - GUJARAT HIGH COURT
MB ASSOCIATES Versus STATE OF GUJARAT
Composition of tax under section 14A of the VAT Act - registered dealer under the provisions of the Gujarat Value Added Tax Act - works contract for construction of industrial establishment and factory buildings - dealer as defined in section 2(10)(f... ... ...
2016 (9) TMI 1115 - MADRAS HIGH COURT
M/s. S.R.P. Enterprises Versus The Deputy Commercial Tax Officer
Validity of order of assessment - Tamil Nadu Value Added Tax Act, 2006 - taxability of sale of recharge vouchers for mobile Sim Cards - similar issue has been decided in the case of BSNL v. Union of India and Others 2006 (3) TMI 1 - Supreme court whe... ... ...
2016 (9) TMI 1114 - MADRAS HIGH COURT
The Assistant Commissioner (CT) Versus M/s. Bhairav Trading Company
Validity of assessment order - cancellation of registration certificate with retrospective effect - reversal of input tax credit when registration was in force - principles of natural justice - requirements of Rule 10(2) of the Tamil Nadu Value Added... ... ...
2016 (9) TMI 1086 - RAJASTHAN HIGH COURT
Agrotech Foods Limited, through its Manager Ramlal Verma Versus Assistant Commercial Taxes Officer, Flying Squad, Bhadra-Now (Assistant Commercial Taxes Officer, Ward IV, H.Q. Nohar-Circle Hanumangarh)
Imposition of penalty under section 76(2)(b)of the Rajasthan VAT Act, 2003 - Rule 53 of the VAT Rules - Form VAT-47produced, not duly filled, some columns left blank - suspection of the Assessing Officer that the form can be re-used - sunflower oil i... ... ...
2016 (9) TMI 1085 - RAJASTHAN HIGH COURT
ITC Agrotech Limited, through its Manager Ramlal Verma Versus Assistant Commercial Taxes Officer, Anti Evasion 1, Circle 2, Jaipur
Imposition of penalty 30 equivalent to the value of the goods under section 22-A(7) of the Rajasthan Sales Tax Act, 1954 - declaration in form ST-18-A - Sun Flower Oil carried from Shahbad to Jaipur - Held that - section 22-A(7) of the Rajasthan Sale... ... ...
2016 (9) TMI 1084 - MADRAS HIGH COURT
M/s. VBHC Chennai Value Homes Private Ltd. Versus The Assistant Commissioner (CT)
Validity of Assessment order - Tamil Nadu Value Added Tax Act, 2006 - business of promotion and construction of flats - the petitioner claims deduction on 30 of the total turnover in terms of Rule 8(5)(d) of the TNVAT Rules and pays tax at appropriat... ... ...
2016 (9) TMI 1083 - PUNJAB AND HARYANA HIGH COURT
Jasch Plastics India Ltd. Versus The State of Haryana
Taxability - classification of goods - rexine cloth - Entry 51 of Schedule B of the Act - Entry 54 of Schedule B of the Act - clarification sought from the Financial Commissioner and Principal Secretary to the Government of Haryana, Department of Exc... ... ...
2016 (9) TMI 1009 - MADRAS HIGH COURT
Floor Fixers rep. by its Partner, Mrs. D. Asha Versus The Commercial Tax Officer, Circle, No. 46, Greenways Road, Chennai
Validity of assessment order - TNVAT Act, 2006 - surprise inspection conducted by the Officials of the Enforcement Wing at the place of petitioner s business premises - report filed by the Deputy Commissioner (CT) Enforcement South, dated 21.09.2011,... ... ...
2016 (9) TMI 1008 - KERALA HIGH COURT
THE COMMERCIAL TAX OFFICER - I, ALUVA AND OTHERS Versus M/s. RED BULL INDIA (P) LTD
Review of order passed by assessing authority - validity of pre-assessment notice - completion of assessment - imposition of penalty - the KVAT Act - application for clarification - Held that - pursuant to the judgment of the Court dated 23.11.2015, ... ... ...
2016 (9) TMI 972 - ANDHRA PRADESH HIGH COURT
Telangana State Civil Supplies Corpn., Ltd. Versus Karur Vyshya kLtd.
Recovery of dues - priority of discharge of dues - lifting/shifting the stocks of paddy bags from the rice mill premises and godown premises - Andhra Pradesh Revenue Recovery Act, 1864 - Securitisation and Reconstruction of Financial Assets and Enfor... ... ...
2016 (9) TMI 971 - KERALA HIGH COURT
M/s. OCEANUS DWELLINGS (P) LTD. Versus COMMERCIAL TAX OFFICER AND OTHERS
Assessment - taxable turnover - purchase value of material - proviso to Rule 10 (2) (a) of the KVAT Rules - sale of apartment - agreement to sell the apartment - works contract - non-consideration of relevant material by Assessing Officer amounting t... ... ...
2016 (9) TMI 970 - KERALA HIGH COURT
M/s. HOTEL AND ALLIED TRADES PRIVATE LIMITED Versus COMMERCIAL TAX OFFICER, KOCHI AND INTELLIGENCE OFFICER (IB) , COCHIN
Imposition of penalties - Luxuries Act, 1976 - bifurcation of luxury tax - Banquet Hall - Poolside area for serving food as well as conducting other services - Rule 3 C of Kerala Tax on Luxuries Rules, 1976 - 25 of the total charges treated as eligib... ... ...
2016 (9) TMI 969 - MADRAS HIGH COURT
Vantage Leathers India (P) Ltd. Versus The State of Tamil Nadu, The Commissioner of Commercial Taxes, The Joint Commissioner (C.T) Central, The Deputy Commercial Tax Officer (C.T)
Rejection of settlement application under Section 6(3) of the Settlement Act - settlement of arrears of Sales Tax - Tamil Nadu Sales Tax (Settlement of Arrears) Act, 2010 - applications filed by petitioner under the Settlement Act, dated 30.12.2010 -... ... ...
2016 (9) TMI 968 - MEGHALAYA HIGH COURT
NG. Meghachandra Singh Versus Union of India And Others And M/s Nayak Infrastructure Pvt. Ltd. Versus The State of Meghalaya And Others
Quantification of amount of tax deducted at source of VAT - taxable turnover - total value of the work contracts - deductions as per Section 5 - Section 106 of the Meghalaya Value Added Tax Act, 2003 - works contract - MES Builders Association of Ind... ... ...
2016 (9) TMI 926 - MADRAS HIGH COURT
M/s. A.A. Chef, rep. by its Partner, N. Anand, M/s. A.A. Poultry Farm (P) Ltd., Earlier known as Coimbatore Chemicals and Fertilizers Ltd., rep. by its Director, N. Anand, Mr. N. Anand Versus The Commercial Tax Officer (CT) Now Upgraded as Assistant Commissioner (CT) Mettupalayam Road Assessment Circle, Commercial Taxes Building, Balasundaram Chettiar Road, Coimbatore, The Assistant Commissioner (FAC) Mettupalayam Road Assessment Circle, Coimbatore and The State of Tamil Nadu, rep. by its Secretary to Government, Registration and Commercial Taxes Department, Chennai
Recovery of arrears of sales tax - TNGST Act, 1959 - assessment without hearing - opportunity of being heard - Held that - the petitioner directed to file written objections within a period of two weeks, along with supportive documents, and, on recei... ... ...
2016 (9) TMI 1082 - RAJASTHAN HIGH COURT
Official Liquidator of Triveni Greenery Finlease (India) Limited (in Liquidation) Versus Dev Jeet Nag & Others
Default of respondents directors of the company in liquidation - commission or omission and/ or negligence on the part of the directors - winding up proceedings - Held that - The case as laid is based on the report dated 6-10-2008 prepared by the Cha... ... ...
2016 (9) TMI 1081 - CHHATTISGARH HIGH COURT
In Re : Budhia Auto Associate Pvt. Ltd.
Winding up petition - Held that - If the company is unable to pay its debt, does not necessarily entitle the Court to order winding up of the company as the discretion to pass such an order, even in the case of the inability of a company to pay its d... ... ...
2016 (9) TMI 1050 - RAJASTHAN HIGH COURT
In Re : Food Magic India Private Limited (Transferor Company) , Gemini Comestibles Private Limited (Transferor Company) , Mindscape One Marketing Private Limited (Transferor Company) , Rhodanthe Foods Private Limited (Transferor Company) , Ready Roti India Private Limited (Transferee Company)
Sanction of the scheme of amalgamation - Held that - The scope of the Company Court sitting over an application for sanctioning of amalgamation on an application under Sections 391 and 304 of the Act of 1956 is supervisory in nature and limited to en... ... ...
2016 (9) TMI 1049 - RAJASTHAN HIGH COURT
Brijasha Real Infra Projects Pvt. Ltd. through its Director, Vikash Agarwal Versus Official Liquidator M/s. Sidh Plantation, Attached to Rajasthan High Court
Bidding procedures - extension of time to deposit the balance 75 of the bid amount within 60 days from the date of acceptance of the bid - auction sales - Held that - It is true that once the appellant has voluntarily participated in the auction as p... ... ...
2016 (9) TMI 967 - BOMBAY HIGH COURT
Bhatia Industries and Infrastructure Limited Versus Asian Natural Resources (India) Limited (formerly Bhatia International Limited) and Vitol S. AA company incorporated
Lifting of corporate veil - whether the concept of lifting of corporate veil was available even in execution proceedings and whether any interference was called for in the finding recorded by the learned Single Judge? - Held that - The concept of rem... ... ...
2016 (9) TMI 868 - SECURITIES APPELLATE TRIBUNAL MUMBAI
MFL India Ltd. Versus Securities and Exchange Board of India, Mumbai
Failure to obtain SEBI Complaints Redress System (SCORES) authentication within the stipulated time - delay in redressal of the investor grievances - Held that - As per SEBI circular dated June 03. 2011 it was obligatory on the part of the appellant ... ... ...
2016 (9) TMI 767 - SECURITIES APPELLATE TRIBUNAL MUMBAI
RDB Rasayans Ltd. and Others Versus Securities and Exchange Board of India,
Guilty of violating the ICDR Regulations and PFUTP Regulations - Held that - Basic charge held against the appellants is that by suppressing material facts from the investors in the IPO, the appellants have violated Securities And Exchange Board Of I... ... ...
2016 (9) TMI 716 - CALCUTTA HIGH COURT
DR. JAYANTA KUMAR & ORS. Versus ASTHA NURSING HOME PRIVATE LIMITED & ORS.
Oppression and mismanagement - allotment of shares to new additional directors appointed - Held that - The act of appointing new additional directors by altering the articles of association of the company with the object of completely upsetting the c... ... ...
2016 (9) TMI 514 - DELHI HIGH COURT
KAL AIRWAYS PRIVATE LIMITED AND KALANITHI MARAN Versus SPICEJET LIMITED AND ANR
Arbitration and Conciliation - Held that - As admitted case of the respondents that both petitioners had transferred the equity shares of 35,04,28,478 constituting of 58.46 of respondent No.1 for just ₹ 2/-. The value of the said shares was ... ... ...
2016 (9) TMI 460 - NATIONAL COMPANY LAW TRIBUNAL, NEW DELHI
Raffles Education Investment (India) Pte Ltd. Versus Educomp-Raffles Higher Education Ltd.
Oppression/mismanagement - Held that - One thing which is evident from the pleadings is that as on today there is a deadlock and the interests of the company (respondent No. l) are at stake. It is also a fact that no Board of Directors is functioning... ... ...
2016 (9) TMI 406 - GUJARAT HIGH COURT
IN RE : SANGAM INVESTORS SERVICES PRIVATE LIMITED
Sanction of the Composite Scheme of Arrangement in the nature of Merger and Demerger - Held that - The observations made by the Regional Director having been addressed and the Official Liquidator having opined that the affairs of the petitioner compa... ... ...
2016 (9) TMI 353 - NATIONAL COMPANY LAW TRIBUNAL, BENGALURU
In Re : M/s Universal Robots (India) Private Limited
Adoption of financial year by subsidiary company same as its holding company - Held that - As seen the documents along with petition and also the report of the Registrar of Companies, Karnataka, Bengaluru who recommended for change of financial year ... ... ...
2016 (9) TMI 267 - GUJARAT HIGH COURT
IN RE : UDAYAN DEVELOPERS PRIVATE LIMITED
Scheme of Amalgamation is sanctioned. The sanction of the scheme is subject to the sanction of the Scheme by the Hon ble High Court of Judicature at Bombay in the petition med by the Transferee company. It is further directed that the petitioner Comp... ... ...
2016 (9) TMI 266 - GUJARAT HIGH COURT
SUZUKI PARASRAMPURIA SUITINGS PRIVATE LIMITED Versus OFFICIAL LIQUIDATOR OF M/s. MAHENDRA PETROCHEMICALS LTD (INLIQN) AND 4
Application for substitution of secured creditor preferred by the applicant bank - Held that - The learned Company Judge has considered the aspect with regard to registration of charge under Section 125 of the Companies Act, 1956 and also paras 44, 4... ... ...
2016 (9) TMI 216 - SECURITIES APPELLATE TRIBUNAL MUMBAI
P.G. Electroplast Ltd and Others Versus ecurities and Exchange Board of India, Mumbai
IPO - failure to disclose items which amounted to material information and ought to have been disclosed in the offer documents - Held that - Appellant has partially failed to ensure proper disclosure of material information which was required for the... ... ...
2016 (9) TMI 168 - SUPREME COURT OF INDIA
A. Talukdar and Co. (Fertilizer) (P.) Ltd. Versus Official Liquidator, High Court of Calcutta
Eviction of persons - whether the Company Court could evict persons, who have occupied property of a company after commencement of winding up proceedings, on such company being revived under the order of the Company Court? - Held that - Once the Comp... ... ...
2016 (9) TMI 167 - DELHI HIGH COURT
Apra Automobiles Private Limited Versus Registrar Of Companies
Restoration of the company s name - Held that - The respondent had sent notices under S.560 to the petitioner on the address of its registered office but the same may not have been received by the petitioner. Looking to the fact that the petitioner i... ... ...
2016 (9) TMI 21 - GUJARAT HIGH COURT
IN RE : ANOVI ENGINEERING PRIVATE LIMITED
Scheme of demerger - Held that - Scheme of Demerger as proposed is in the interest of the company and its members and is not otherwise prejudicial to public interest. BR BR This Court doth hereby sanction the Scheme of Demerger set forth in the petit... ... ...
2016 (8) TMI 1052 - GUJARAT HIGH COURT
IN RE : HDB FINANCIAL SERVICES LTD
Scheme of Arrangement in the nature of amalgamation amongst the Petitioner Company and the Transferor Companies and their respective shareholders and creditors deserves to be granted. The Scheme of Amalgamation is hereby sanctioned. The same shall be... ... ...
2016 (8) TMI 1051 - GUJARAT HIGH COURT
IN RE : GUJARAT METAL CAST INDUSTRIES LIMITED
Sanction of a Scheme of demerger - Held that - The Court is of the view that the observations made by Regional Director do not prevent the Court from sanctioning the Scheme of Demerger. The petitioner-Company have filed affidavit on 19.8.2016 which c... ... ...
2016 (8) TMI 968 - SECURITIES APPELLATE TRIBUNAL MUMBAI
Mr. Sandeep Baid and Others Versus Securities and Exchange Board of India, Mumbai
Violation of Clause 49 of the Listing Agreement - whole Time Director chaired the Audit Committee Meeting - Held that - When the Listing Agreement specifically provides that the Chairman of the Audit Committee shall be an Independent Director, the Wh... ... ...
2016 (8) TMI 919 - BOMBAY HIGH COURT
Manjiro Works, Versus Galaxy Entertainment Corporation Limited
Winding up Petition - time barred petition - Held that - Find considerable force that the claim made in the present Petition, Prima facie would appear to be barred by the law of limitation. It is not in dispute that the supplies of these machineries ... ... ...
2016 (8) TMI 918 - SECURITIES APPELLATE TRIBUNAL MUMBAI
J.C. Mansukhani and Others Versus Securities and Exchange Board of India, Mumbai
Disclosing of price sensitive information belatedly - violation of the PIT Regulations - Contracts for supply of goods entered into by the Company with foreign enterprises - Held that - Every contract for supply of goods manufactured by a company may... ... ...
2016 (8) TMI 872 - KARNATAKA HIGH COURT
J.R. Srinivasa, S/o late JS Ramesh Versus Sree Gururaja Enterprises P Ltd
Winding up petition - ex-Director of the respondent company seeking winding up of the respondent company on account of the alleged failure to pay interest at 24 p.a. on the admitted liability of ₹ 75.50 lakhs due by the respondent company to th... ... ...
2016 (8) TMI 826 - KARNATAKA HIGH COURT
Mr. K. Ravinder Reddy Son of Late Mr. K. Yella Reddy Versus M/s. Alliance Business School
Breach of principles of natural justice - non-observance of Principles of Natural Justice - whether CLB did not give any opportunity to make submissions to the appellant on the main company petition? - Held that - Not only the contention raised by th... ... ...
2016 (9) TMI 352 - FOREIGN EXCHANGE Tribunal
Prakash Bafna Versus Special Director, Directorate of Enforcement
Proceedings leveled against co-noticee - appellant was resident outside India - Held that - Nothing incriminating from the raid carried out at the residential and business premises of the appellant could be found. There is no documentary evidence in ... ... ...
2016 (9) TMI 166 - MADRAS HIGH COURT
The Competent Authority, Chennai Versus M. Khader Moideen and The Chairman, Appellate Tribunal
Defective notice - Whether the Tribunal was right in holding that the notice is defective and unsustainable? - Whether the Tribunal was right in holding that the independent properties of a relative of a convict or detenu,cannot be forfeited? - Held ... ... ...
2016 (6) TMI 341 - SUPREME COURT
M/s Videocon Industries Ltd. Another Versus State of Maharshtra & Others
Offence punishable under Section 56(1)(i) of the Foreign Exchange Regulation Act, 1973 for the alleged contravention of the provisions of Sections 18(2) and 18(3) of the Act - Held that - The tribunal has arrived at a conclusion that the appellant ca... ... ...
2016 (6) TMI 58 - PATNA HIGH COURT
Brajesh Kumar Srivastava, S/o Surendra Prasad Srivastava Versus The State of Bihar
Sealing of office premises challenged - case registered under Sections 420, 120-B, 467, 468, 471, 406/34 of the Indian Penal Code (for short IPC ) and Sections 3, 4 and 13 of the Foreign Exchange Management Act, 1999 - Held that - The office premises... ... ...
2016 (6) TMI 3 - CALCUTTA HIGH COURT
Ashok Kumar Doshi Versus Union of India And Others
Refusal to dispense with the amount of deposit of the penalty fully by Foreign Exchange Appellate Tribunal - Held that - The learned Tribunal omitted to notice that there was unexplained delay of nine years in issuing the show cause notice. The learn... ... ...
2016 (5) TMI 740 - SUPREME COURT
Jatin C Jhaveri Versus Union Of India And Vice-Versa
Confiscation of foreign currency and imposition of penalty - Clauses (d), (e) and (i) of Section 113 of the Customs Act, 1962 - Seizure of US dollars - Import of currency as advance payments towards supply of diamonds - absence of requisite permissio... ... ...
2016 (5) TMI 518 - SUPREME COURT
V. Suganthi Versus Joint Secretary To Govt. Of India & Anr
Preventive detention passed against the detenue husband of the appellant herein as well as few other persons - Held that - It has come on record and noted in the order of detention that large sums of money were received in the said bank account which... ... ...
2016 (4) TMI 782 - KERALA HIGH COURT
K.M. MOHAMMED SHAFI AND OTHERS Versus UNION OF INDIA
Aggrieved person - Whether the 4th respondent, Assistant Director, Directorate of Enforcement can be said to be an aggrieved person from the order dated 3.7.2013 of the Adjudicating Authority, the Assistant Director, Directorate of Enforcement so as ... ... ...
2016 (4) TMI 759 - BOMBAY HIGH COURT
Union of India Versus Dimple D. Sheth
Default to file a private paper book - Held that - The delay has been continuing over last eight years. Even after this Court had permitted the applicant/appellant to file a private paper book, still the default has continued. It is not known why the... ... ...
2016 (4) TMI 715 - MADRAS HIGH COURT
Mohammed Yusuff Sahib Versus Special Director, Enforcement Directorate, New Delhi.
Proceedings under Section 51 of the Foreign Exchange Regulation Act, 1973 - Currency seized from the premises of assessee should be confiscated to the Central Government in terms of Section 63 of the Foreign Exchange Regulation Act, 1973 - maintainab... ... ...
2016 (4) TMI 677 - GUJARAT HIGH COURT
Bipinchandra G. Chockshi And 1 Versus State of Gujarat And 2
Order of detention - Held that - There are previous decisions of Division Bench of this High Court that detaining authority is under obligation to comply with the requirements by formulating grounds for detention and on factual aspect also, there is ... ... ...
2016 (4) TMI 615 - CALCUTTA HIGH COURT
Sajal Dutta Versus Reserve Bank of India & Others
Issue of grant or revocation of grant of licence - Held that - The licence to import was vitally connected with the shareholding of Kamal Kr. Datta and the percentage shareholding of his brother Sajal Datta. If the number of shares issued to Kamal in... ... ...
2016 (4) TMI 366 - DELHI HIGH COURT
M/s National Fertilisers Ltd., Arun K. Maitra & Others Versus Enforcement Directorate
Violation of provisions of FERA by the SBI officials - Validity of summons - making full advance payment to the tune of US 38 million without either obtaining any prior permission of the Reserve Bank of India ( RBI ) or any guarantee from an Internat... ... ...
2016 (2) TMI 480 - APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE, NEW DELHI
M.L. Gupta Versus Special Director of Enforcement
Levy of penalty for Non realization of export proceeds (foreign exchange) within six months of the date of shipment or within the extended period - Held that - Considering the submission that almost entire sale proceeds have been realized and loss to... ... ...
2016 (2) TMI 476 - BOMBAY HIGH COURT
Riddhisiddhi Bullions Limited and Others Versus Union of India and Others
Challenge to the RBI (FEMA) circular - validity and legality - Policy in relation to import of Gold - On or about 14th August, 2013, RBI issued another Circular no. 25, referring to the said Circular no. 15 dated 22nd July, 2013, for clarification / ... ... ...
2016 (1) TMI 183 - APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE, NEW DELHI
Sun Star Future Wood Ltd. Versus Special Director of Enforcement
Importers who had acquired foreign exchange from their authorized dealers for the purpose of imports of specified goods but had failed to submit the Exchange Control copy of Bill of Entry in respect of the relevant imports to their authorized dealers... ... ...
2015 (12) TMI 1527 - SUPREME COURT
Bipinchandra Gamanlal Chokshi and another Versus State of Gujarat and others
Detention orders under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - non opportunity to assail the order of his detention - Held that - In the facts and circumstances of the present case, it i... ... ...
2015 (12) TMI 1294 - DELHI HIGH COURT
ARVIND KHANNA Versus CENTRAL BUREAU OF INVESTIGATION
Violation of Section 23 (1) read with Section 4 (1) FCRA, 1976 - Petitioner received funds without obtaining prior permission of the Central Government - Held that - Foreign entities through whom such funds were sent were holding the same on behalf o... ... ...
2015 (12) TMI 1245 - DELHI HIGH COURT
Manohar Lal Sharma Versus Union of India & Others
Power of court to review and supervise the investigations against the political party - investigations under Foreign Contribution (Regulation) Act, 2010 (FCRA) - Held that - Undoubtedly the Courts, in exercise of their power of judicial review, are e... ... ...
2015 (12) TMI 1192 - SUPREME COURT OF INDIA
Choith Nanikram Harchandani and Bittu Choith Harchandani Versus State of Maharashtra & Ors.
Validity of detention order - Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) - Held that - Since the Detaining Authority was represented by the officers at the time of hearing of the petitioner s case bef... ... ...
2015 (11) TMI 192 - SIKKIM HIGH COURT
Eastern Institute For Integrated Learning In Management University Through Its Acting Vice Chancellor, Shri R.P. Sharma Versus The Joint Director Directorate of Enforcement, The Enforcement Officer Directorate of Enforcement, The Registrar/Administrative Officer Adjudicating Authority
Offences under the Prevention of Money-Laundering Act, 2002 corresponding to Sections 420/467/ 120B of the Indian Penal Code - Held that - Case has been registered in the Court of the Chief Judicial Magistrate, South and West at Namchi, against 11 (e... ... ...
2015 (11) TMI 131 - GUJARAT HIGH COURT
AFROZ MOHMAD HASANFATTA Versus DEPUTY DIRECTOR & 1
Bail application - Arrest made without the mentioning of name in FIR - arrest of the applicant without a warrant in a non-cognizable offence - applicant is alleged to have received ₹ 7 crores from one Natural Trading Company and ₹ 6.31 cr... ... ...
2015 (11) TMI 77 - MADRAS HIGH COURT
Kamal Batcha Versus Deputy Director of Enforcement, The Foreign Exchange Management Appellate Board
Confiscation of amount seized from appellant premises - amount was obtained by any unfair means - offence under Section 9(1)(b) of the Act - Held that - It is apparent that the alleged confessional statement dated 30.04.1991, said to have been record... ... ...
2015 (11) TMI 28 - PUNJAB & HARYANA HIGH COURT
Tilak Raj Versus Joint Director of Enforcement Directorate, Jalandhar
Tribunal while directing the petitioner(s) to deposit 15 of the amount of penalty imposed and to furnish reliable security for the balance amount of 85 as a pre-deposit for hearing of the appeal has noticed that the petitioner (s) has an arguable cas... ... ...
2015 (10) TMI 264 - MADRAS HIGH COURT
Shri A.N. Dyaneswaran, Shri C. Sampath Kumar Versus The Special Director of Enforcement, The Appellate Tribunal For Foreign Exchange
Otherwise acquired foreign currencies - Proceedings under FERA, 1973 - holding the currency as owner thereof and handing a part of for safe custody with the appellant s mother and wife - ownership of foreign currencies - validity of statement before ... ... ...
2016 (9) TMI 1218 - MADHYA PRADESH HIGH COURT
Rajkumar Mahajan Versus State of Madhya Pradesh
Auction - complaint about service in relation to immovable property - Held that - As to the relief sought vide paragraph 7(i) and 7(ii), the material documents on record reveals that the land in question was mortgaged by respondent No.4 in favour of ... ... ...
2016 (9) TMI 1157 - DELHI HIGH COURT
Nimish Maheshwari & Brij Maheshwari Versus Indian Renewable Energy Development Agency Ltd.
Dishonor of cheques - proceedings in complaint case under Sections 138 of the Negotiable Instruments Act, 1881 - liability after resignation - Held that - The contention of learned counsel for the respondent is that Forms-32 as placed on record were ... ... ...
2016 (9) TMI 1156 - ALLAHABAD HIGH COURT
M/s Prema Construction Versus Assistant Commissioner, Central Excise and Service Tax and others
Breach of Contract - Recovery of certain money from U.P. Rajya Vidyut Utpadan Nigam Limited - based on contractual matter for which remedy lies in common law - availment of Article 226 to claim any money in respect of breach of contract or tort or ot... ... ...
2016 (9) TMI 1048 - RAJASTHAN HIGH COURT
Food Corporation of India Versus State of Rajasthan through Secretary Finance Department, Government of Rajasthan and others
Exemption from taxation - use of property - control of the premises - titles to the property - Held that - It is clear that the property which is constructed is in the ownership of the Government of India but land and the possession is with the Food ... ... ...
2016 (9) TMI 966 - SUPREME COURT OF INDIA
KUMAR ALUMINIUM LTD Versus ASSET RECONSTRUCTION COMPANY INDIA LTD AND ANR
Refund of the amount deposited in compliance of the requirement of the second proviso to section 18(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, for maintaining an appeal denied - Hel... ... ...
2016 (9) TMI 965 - DELHI HIGH COURT
P.P. MAINRA Versus STATE & ANR.
Complaint under Section 138 read with Section 141 of the Negotiable Instruments Act - petitioner ceased to be a director of the company - Held that - The petitioner had ceased to be a director of the accused company on November 12, 2009, which fact i... ... ...
2016 (9) TMI 921 - DELHI HIGH COURT
Reliance Industries Ltd. Versus Imperial Pigment Pvt. Ltd.
Summary trial procedure to be followed for offences under Section 138 N.I. Act - Held that - A perusal of the decision in Rajesh Agarwal (2010 (7) TMI 279 - HIGH COURT OF DELHI) itself shows that this Court was of the view that the trial under Sectio... ... ...
2016 (9) TMI 867 - SUPREME COURT
Sampelly Satyanarayana Rao Versus Indian Renewable Energy Development Agency Limited
Dishonour of a post-dated cheque given for repayment of loan - Negotiable Instruments Act - Held that - Reference to the facts of the present case clearly shows that though the word security is used in clause 3.1(iii) of the agreement, the said expre... ... ...
2016 (9) TMI 866 - DELHI HIGH COURT
M/s. Apollo Tyres Ltd Versus M/s. Indira Tyres & Ors
Dishonor of cheques - complaints under Section 138 of the Negotiable Instruments Act - Held that - Admission made by the accused, there was no question of there being merely a presumption in favour of the complainant about the existence of debt or ot... ... ...
2016 (9) TMI 822 - ANDHRA PRADESH HIGH COURT
M/s Sree Chandrika Foods Versus Andhra Bank, Tanuku
Default in liquidating the liability - Held that - Discipline is not only to be employed by the bank in its day to day business activities but even customers of a bank require to show a steadfast commitment and discipline. Failure to live up to the p... ... ...
2016 (9) TMI 821 - ANDHRA PRADESH HIGH COURT
Mitra Educational and Welfare Society Versus The Authorised Officer, State Bank of India, Srikakulam and another
E-auction - procedure prescribed under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Held that - For the whole of the entire loan transaction availed by a borrower and if he has created dif... ... ...
2016 (9) TMI 766 - PUNJAB AND HARYANA HIGH COURT
Amarjit Singh Versus Kuljinder Singh
Dishonoring of cheque - Committing an offence under Section 138 of the Negotiable Instruments Act, 1881 - Held that -When the cheque was bounced, on account of closure of account by the petitioner, the respondent had served a legal notice upon him be... ... ...
2016 (9) TMI 765 - BOMBAY HIGH COURT
JM Financial Asset Reconstruction Company Pvt. Ltd. Vresus The Board of Trustees of the Port of Mumbai and Others
Termination of lease - override of provisions of the SARFAESI Act - Held that - Unable to agree with the submission of Mr Kamdar that in the facts of the present case, the provisions of the SARFAESI Act override the provisions of the PP Act, and cons... ... ...
2016 (9) TMI 715 - ALLAHABAD HIGH COURT
Vodafone South Limited, Idea Cellular Limited, Telewings Communication Service Pvt. Ltd., Bharti Airtel Ltd., Telenor (India) Communication Pvt. Ltd. Versus State of U.P. And 2 Others
Demand of advertisement tax - whether Rules, 2005 after having been superseded and repealed by Rules, 2009 would not revive after Rules, 2009 are declared ultra vires and, therefore, any demand of advertisement tax for the period of 2010-11 and subse... ... ...
2016 (9) TMI 714 - DELHI HIGH COURT
Council of the Institute of Chartered Accountants of India Versus Deepak Jain & Anr.
Charges against a chartered accountant - professional misconduct - Held that - In the present case, the complainant appeared before the Committee - on 19.01.2011 and explained the circumstances under which the agreement, embodied in the MOU, were ent... ... ...
2016 (9) TMI 713 - ANDHRA PRADESH HIGH COURT
Polisetty Haranadh Muralidhar Versus Authorized Officer, Indian Overseas Bank, Kirlampudi Layout, Visakhapatnam and others
Procedure followed by the bank in accordance with the statutory mandate of the SARFAESI Act and the Rules of 2002 - auction sale held by bank - Held that - The 7th respondent/auction purchaser is put to loss owing to a lapse primarily attributable to... ... ...
2016 (9) TMI 668 - SUPREME COURT
Girish Raghunath Mehta Versus Inspector of Customs And Another
Conviction under Section 15 read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 - sentence of rigorous imprisonment for four years and to pay fine of ₹ 20,000/- - further rigorous imprisonment for six months, in d... ... ...
2016 (9) TMI 660 - DELHI HIGH COURT
VIJAY MALLYA Versus DELHI INTERNATIONAL AIRPORT PRIVATE LIMITED
Dishonor of cheque - Summon to the petitioner under Section 319 Cr.P.C - Held that - Undisputedly, the petitioner was the Chairman and Managing Director of the company and as per the judgment in the case of S.M.S. Pharmaceuticals (2005 (9) TMI 304 - ... ... ...
2016 (9) TMI 659 - DELHI HIGH COURT
Council Of The Institute Of Chartered Accountants Of India Versus Mahesh Kumar Gupta & Anr.
Professional misconduct - Chartered Accountants Act, 1949 - Held that - A professional misconduct enumerated in the First Schedule of the Act would be a category by itself and other misconduct contemplated by Sub-Section (1) of Section 21 would have ... ... ...
2016 (9) TMI 658 - DELHI HIGH COURT
Council Of Instt. Of Chartered Acc. Of India Versus Uma Shankar Jha & Anr.
Misconduct by Chartered Accountant - Held that - Having perused the documents we find that the Disciplinary Committee of the Council had accorded full opportunity to the respondent to present his case. All material documents have been considered by t... ... ...
2016 (9) TMI 657 - DELHI HIGH COURT
Council of the Instt. Of Chartered Accountants of India Versus Rakesh Verma & Anr.
Misconduct as per Section 21 and 22 of the Chartered Accountants Act - penalty of suspension of the name from the Register of Members - Held that - The respondent is a Chartered Accountant. We fail to understand as to how come he proceeded to London ... ... ...
2016 (9) TMI 560 - BOMBAY HIGH COURT
Ashwin Bhagwandas Choksey & Another Versus Appropriate Authorities & Others
Demand of unearned incremental charges - whether payment of unearned incremental charges demanded by the Collector of Mumbai is the responsibility of the Appropriate Authority as the assignor of the leasehold interest or of the Petitioners as the auc... ... ...
2016 (9) TMI 351 - KERALA HIGH COURT
M/s. Hotel Savoy Bar Versus State of Kerala
Charging excess amount than MRP on beer - Legal Metrology (Packaged Commodities) Rules 2011 - Section 18 of the Legal Metrology Act, 2009 - retail dealer retail sale reatail sale price whether the serving of Indian Made Foreign Liquor in a Hotel Bar ... ... ...
2016 (9) TMI 350 - SUPREME COURT OF INDIA
ICICI BANK LTD (EARLIER BANK OF MADURE) Versus M/s ABURUBAM AND COMPANY AND ORS ETC ETC
Sale of the mortgaged properties set aside - orders of Debts Recovery Tribunal - HC refusing to set aside the sale of the mortgaged properties - Held that - The offset price was fixed on the basis of a report of the Valuation Officer and in the fixat... ... ...
2016 (9) TMI 310 - GAUHATI HIGH COURT
M/s PVR Ltd., Mridul Properties (P) Ltd., Fun Cinemas Versus The State of Assam, The Commissioner of Taxes, Assam, The Deputy Commissioner of Taxes, Zone A (Appeals) , The Superintendent of Taxes
Demand of entertainment tax from the exhibitors - assessment to tax under the Assam Act - Held that - The tax recovered by the exhibitors, as admitted by the 2nd group of litigants, in our view is not collected illegally and therefore we declare that... ... ...