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2018 (4) TMI 1078 - SUPREME COURT Mahaveer Kumar Jain Versus Commissioner of Income Tax, Jaipur Income from Sikkim State Lottery - taxability under the Income Tax Act, 1961 - deduction u/s 80TT is applicable on the net winning amount received by the assessee and not on the gross amount of the winning prize? - place of residence - taxability in India - income accrued in India - Held that - The appellant, being a resident of Rajasthan, received the income arising from winning of lotteries from Sikkim during the Assessment Year in question was....... + More
2018 (4) TMI 1071 - BOMBAY HIGH COURT The Pr. Commissioner of Income Tax-5 Versus Spicer India Ltd. Gain / loss in the foreign exchange fluctuation on loan liability - Disallowance of depreciation - assessee was liable to reduce due to exchange gain from the cost of machinery and subsequent depreciation on it - Section 43A applicability - Held that - As no payment was made during the previous year relevant to the subject assessment year. The Apex Court in Woodward Governor India P. India, (2009 (4) TMI 4 - SUPREME COURT ) while dealing with the....... + More
2018 (4) TMI 1070 - KERALA HIGH COURT Kerala State Beverages (Manufacturing And Marketing) Corporation Ltd. Versus Assistant Commissioner of Income Tax, Circle 1 (1) And Commissioner of Income Tax (Appeals) , Thiruvananthapuram Stay petition - whether levies are not exclusive levies falling within the scope of Section 40(a)(iib) of the Act? - Held that - A reading of Section 40(a)(iib) of the Act indicates that exclusivity in terms of the said provision is not to be determined with reference to the issue as to whether anybody else is also being levied the same fee or charge, but it has to be determined having regard to the object of the provision. Two views are possible....... + More
2018 (4) TMI 1069 - BOMBAY HIGH COURT Commissioner of Income Tax-8 Versus Lionbridge Technologies Pvt. Ltd. Computing the value of Fringe benefit for the purpose of FBT - marketing and support service charges considered for FBT - Held that - The intention of the FBT is to tax the collective benefits given to employees as a group where such benefits cannot be attributed to any single employee. Since such collective benefits, earlier, were neither taxed in the hands of employee nor in the hands of employer, the FBT was introduced. At the end it is to be ....... + More
2018 (4) TMI 1068 - ITAT KOLKATA ACIT, Central Circle-2 (3) , Kolkata Versus M/s. Hi-life Traders Pvt. Ltd. And Vice-Versa Penalty u/s 271(1)(c) - non specification of charge - defective notice - Held that - Show cause notice issued in the present case u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealing particulars of income or furnishing inaccurate particulars of income. The show cause notice u/s 274 of the Act does not strike out the inappropriate words. Thus imposition of penalty cannot be sustained. See Jeetmal C....... + More
2018 (4) TMI 1067 - ITAT KOLKATA Abhijit Ghosh Dastidar Versus Income Tax Officer Ward 13 (1) , Kolkata Penalty u/s 271(1)(c) - non specification of charge - defective notice - Held that - Show cause notice issued in the present case u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealing particulars of income or furnishing inaccurate particulars of income. The show cause notice u/s 274 of the Act does not strike out the inappropriate words. Thus imposition of penalty cannot be sustained. See Jeetmal C....... + More
2018 (4) TMI 1066 - ITAT CHENNAI The Deputy Commissioner of Income Tax (Exemptions) , Chennai Versus M/s The Willingdon Charitable Trust And Vice-Versa Reopening of assessment under Section 147 - Set off excess application brought forward - Held that - Identical question was considered in TANMAC India v. DCIT 2017 (1) TMI 122 - MADRAS HIGH COURT as held when the entire material was available before the Assessing Officer, in the absence of any new material, the Assessing Officer cannot reopen the assessment under Section 147 of the Act. Section 147 of the Act is not to extend the period of limita....... + More
2018 (4) TMI 1065 - ITAT AHMEDABAD DCIT, Cir. 5, Ahmedabad Versus M/s. Nirma Limited And Vice-Versa Disallowance out of depreciation on brands and trademark - Held that - As in the Asstt.Year 2001-02 of assesse s own case held even after invoking this Exp.(3) to Section 43(1) rightly or wrongly, the A.O. has not worked out the value of the asset in question in the proper manner. He has ignored the valuation report of various technical experts such as RSML & Co. C.A. and others and instead of obtaining the departmental valuation report or an....... + More
2018 (4) TMI 1064 - ITAT MUMBAI ACIT 15 (2) (2) And Addl. CIT, Range 15 (2) (2) , Mumbai Versus Maersk Global Services Centre (I) P. Ltd. TPA - Comparable selection criteria - Functional profile of the Assessee - Held that - Assessee could be said to be engaged in the business of being a captive contracts services provider rendering services to its AE s which are in the nature of providing back office support services which are low end in nature, thus companies functionally dissimilar with that of assessee need to be deselected from final list........ + More
2018 (4) TMI 1063 - ITAT MUMBAI M/s. Shivshambho Narayan Trust, Geetai CHS Ltd. Versus DDIT (Exmp) 1 (2) , Mumbai Reopening of assessment - non obtaining of the requisite prior permission u/s 151 - donations as capital receipt - Held that - Neither the orders of the authorities below had mentioned about the prior approval u/s 151 having been obtained or not before reopening of the concluded assessment u/s 147 nor the assessee could obtain the said information under RTI Act,2005 and it is quite strange that the assessee is making allegations against the Reven....... + More
2018 (4) TMI 1062 - ITAT COCHIN M/s. Abad Trust C/o. Kaimal And Co. Versus The Asst. Director of Income-tax (Exemption) , Kochi Reopening of assessment - income assessable in the hands of trust - income of the trust liable for tax at the maximum marginal rate OR normal rate applicable to an AOP - apportionment and determination of proportionate tax attributable to the beneficiary - Held that - The beneficiaries are the owners of the property of the trust and the trustees have only the duty and responsibility to manage the same in accordance with the power granted to the t....... + More
2018 (4) TMI 1061 - ITAT DELHI Smt. Sarita Sandhu Versus A.C.I.T., Circle 30 (1) , New Delhi Exemption u/s 54F - separate and independent residential units having separate entrances and cannot be considered as one unit to enable the assessee to claim the deduction - Held that - We find that the assessee purchased two units, property No. 1601 and 1602 by one sale agreement with the builder, which are situated opposite to each other on the same floor. As per submissions of the assessee, it is observed that the assessee had purchased proper....... + More
2018 (4) TMI 1060 - ITAT CHENNAI M/s. P.P. Dass And Sons Versus The Assistant Commissioner of Income Tax, Chennai Addition being a loan claimed to have been received from one Mrs. Kamala N. Katri - undisclosed income - Held that - It is an admitted position that Trial Balance as on 31.03.1982 of Mrs. Kamal N. Katri, available with the Department, clearly reflected assessee as a debtor for ₹ 35,000/-. Hence it is of the opinion that the addition that could have been made was no more than ₹ 55,000/-. Assessee had also filed a confirmation which was....... + More
2018 (4) TMI 1059 - ITAT KOLKATA DCIT, Circle-5 (2) , Kolkata Versus The Orissa Minerals Development Co. Ltd. And Vice-Versa Allowability of prior period expenses - Held that - We hold that the allowability of prior period expenses had to be made based on the finding that no deduction was claimed in the earlier years after recording the finding that the said expenditure had indeed been crystallized during the year. However, the method of accounting followed by the assessee also needs to be taken into consideration for the same. These findings are conspicuously absent i....... + More
2018 (4) TMI 1058 - ITAT PUNE Minilec India Pvt. Ltd. Versus The Asst. Commissioner of Income Tax, Circle 11 (2) , Pune Disallowance of weighted deduction u/s 35(2AB) - non receipt of form No.3CM - expenditure incurred on Research & Development activity - where facility has been approved by prescribed authority, but no form No.3CM issued, can the assessee be denied deduction? - Held that - Recognition given by the prescribed authority which is mandate of section 35(2AB) is maintained and once the recognition is so maintained, the assessee has to be accorded de....... + More
2018 (4) TMI 1057 - ITAT PUNE Narendra Ramswarup Shakadwipi Versus The Assistant Commissioner of Income Tax, Central Circle-1, Nashik Unexplained investment in property u/s 69 - Held that - As per CIT(A) Assessee had not filed his return of income from A.Y 2007-08 - though Assessee has not filed return of income from A.Y 2007-08 onwards, yet his submission of maintaining books of accounts & further the preparation of cash book after the search has little credibility and is against human probabilities. He has also noted that in the absence of any contemporaneous evidences of....... + More
2018 (4) TMI 1056 - ITAT CHENNAI M/s Ponmudi Muthusamy Gounder Trust Versus The Income Tax Officer, Ward – 1 (6) , Tirupur Denial of exemption u/s 11 - payment made to the persons are related to the trustee or founder of the institution? - Held that - No violation of Section 13(1) as in this case, it is not the case of the Revenue that the payment made to contractor was excessive and above market rate. Ms. Savitha and Ms. Swatika appear to be the daughters of the trustees. There was a payment said to be made to them. BR BR From the material available on record, it ap....... + More
2018 (4) TMI 1055 - ITAT KOLKATA DCIT, Circle-26, Kolkata Versus M/s Tewari Warehousing Co. Hide Shed Dump Treating the rental as business receipts - assessee has been showing income derived from the warehouse under the head of Income from Business & Profession - Held that - The prime object in the case before us was to provide the commercial services as discussed. No reason to interfere in the judgment of CIT(A) and accordingly conclude that the rental income in the aforesaid facts and circumstances should be treated as business income. Hence, th....... + More
2018 (4) TMI 1054 - ITAT AHMEDABAD Shri Samir S. Sheth Versus The ACIT., Cent. Circle-2, Baroda Acquisition of foreign currency from undisclosed sources - addition u/s 69A - Held that - The assessee has given an initial explanation and he himself abandoned this explanation later and came out with an altogether different theory. Applying the dictum falsus in uno. Johns in omnibus , even subsequent explanation does not have any credence. Thus the explanation of the assessee with respect to receipt of gifts of US 22,000 does not deserve to be ....... + More
2018 (4) TMI 1005 - DELHI HIGH COURT Pr. Commissioner of Income tax Delhi-18 Versus M/s. N.S. Software (Firm) Assessment u/s 153C r.w.s.143(3) or only under Section 143(3) - function served by a satisfaction note under Section 153C - Held that - The failure of the AO to record a specific satisfaction as to how the recovered material belonged to the assessee in the note that preceded the notice issued under it, vitiates the assessments. BR BR As far as the pending assessment year is concerned, the return was filed on 29.09.2009. No notice in terms of Sect....... + More
2018 (4) TMI 1004 - BOMBAY HIGH COURT Pr. Commissioner of Income Tax-13, Mumbai Versus Veedhata Tower Pvt. Ltd. Addition u/s 68 - Held that - Revenue urge that the money has been received from bogus shareholders then it is for the Revenue to proceed against them in accordance with law would not entitle the Revenue to invoke Section 68 while assessing the respondent for not explaining the source of its source. The impugned order of the Tribunal has raised a finding of fact that the respondent had discharged the onus which is cast upon it in terms of the pre....... + More
2018 (4) TMI 1003 - BOMBAY HIGH COURT Pr. Commissioner of Income Tax-6 Versus M/s. Sprit Infrapower & Multiventure Pvt. Ltd., Disallowance u/s. 14A restricted to the extent of 10 of dividend - Held that - The issue of applicability of Rule 8D of the Income Tax Rules 1962 (Rules) as sought by the Revenue for the Assessment Year 2007-08 would have no application. This is so, as this Court in Godrej & Boyce Manufacturing Co. Ltd., v/s. DCIT 2010 (8) TMI 77 - BOMBAY HIGH COURT has held that Rule 8D of the Rules would be applicable only from the AY 2008-09 onwards. Prior....... + More
2018 (4) TMI 1002 - BOMBAY HIGH COURT The Pr. Commissioner of Income Tax-2, Pune Versus PTC Software (I) Pvt. Ltd., TPA - comparable selection - Held that - The assessee was engaged in ITES segment thus companies functionally dissimilar with that of assessee need to be deselected from final list. BR BR Appeal admitted on the substantial question of law at (b)- Whether on the facts and in the circumstance of the case and in law, the Tribunal was justified in ignoring the comparable company on the ground that the assessee company is functionally not comparable, ....... + More
2018 (4) TMI 1001 - MADRAS HIGH COURT M/s. Orient Green Power Company Ltd. Versus The Deputy Commissioner of Income Tax, Corporate Circle 5 (1) , Chennai Maintainability of Writ petition - alternate remedy of appeal - manner in which objection considered - Held that - There appears to be no allegation of the violation of principles of natural justice, as the petitioner has been given an opportunity to file their objections to the draft assessment order. What is now agitated before this Court is with regard to the manner, in which, the objections were considered and it is alleged that the finding r....... + More
2018 (4) TMI 1000 - ITAT MUMBAI Fouress Engineering India Ltd. Versus Dy. Commissioner of Income Tax Circle–5 (1) , Mumbai Re opening of assessment u/s 147 - payment of Octroi to BMC allowability - change of opinion - Held that - While completing the original assessment AO after examining the tax audit report has formed an opinion that the deduction claimed by the assessee on account of Octroi payment is allowable. Thus, in the absence of any fresh tangible material coming to the possession of AO, the re opening of assessment on re examination of the very same materi....... + More
2018 (4) TMI 1077 - AUTHORITY FOR ADVANCE RULING , NEW DELHI In Re: Shri Sanjeev Sharma Levy of GST - Valuation - construction services / superstructure - undivided and impartible share of land - Entry 5 of Schedule III of the CGST Act, 2017 - Whether GST will be applicable on the sale of undivided and impartible share of land represented by Agreement to sell the land? - Held that - From a conjoint reading of Section 7 and Entry 5 of Schedule III of CGST Act, any activity/ transaction which is in the nature of sale of land is not co....... + More
2018 (4) TMI 1076 - MADRAS HIGH COURT M/s Modern Traders Versus State of U.P. And 2 Others Seizure of detained goods - Absence of E-Way bill - contention of petitioner is that without considering the e-way bill-02 which has been furnished immediately within 20 minutes from the time of the detention of the vehicle/goods, the respondent no.3 has illegally passed the seizure order after a gap of four days - Held that - Rule 138 of the Rules framed under the Central GST provides that till such time e-way bill system is developed and approv....... + More
2018 (4) TMI 1075 - ALLAHABAD HIGH COURT National Chemical And Dyes Company Versus Union of India Extension of time period for filing of GST Tran-1 - despite making several efforts on the last date for filing of the application, the electronic system of the respondent no.2 did not respond - Held that - the respondents are directed to reopen the portal within two weeks from today. In the event they do not do so, they will entertain the application of the petitioner manually and pass orders on it after due verification of the credits as claimed....... + More
2018 (4) TMI 1074 - ALLAHABAD HIGH COURT Zebronics India Private Limited Versus State of U.P. & 3 Others Seizure of goods with vehicle - absence of Transit Declaration Form - interstate movement of goods through UP - penalty - Held that - It is clear that the goods have been detained, seized and penalty has been imposed merely because of TDF was absent and the proper officer was himself not satisfied as to the intention to evade tax being present in the facts of the case - There is nothing to dispute the claim made by the assessee that it was effect....... + More
2018 (4) TMI 1073 - ALLAHABAD HIGH COURT Durga Rai Vijay Kumar Thru' Its Prop. V.K. Rai Versus Union of India Thru' Its Secy. & 3 Others Seizure of goods with vehicle - consignment of goods was not accompanied by downloaded E-Way Bill - Held that - the interception was at 7.30 P.M. while E-Way Bill downloaded and produced before the authority on the same date at 10.05 P.M - since now the E-Way Bill has been downloaded and produced before the authority, the goods and vehicle should be released upon the petitioner furnishing security other than cash and bank guarantee to the satisfa....... + More
2018 (4) TMI 1072 - ALLAHABAD HIGH COURT Bengali Lal & Sons Thru' Its Partner Sri Ajay Kumar Versus State of U.P. & 5 Others Correction of registration - petitioner applied for registration under GST on 27.6.2017, but mistakenly provided the PAN number of one of the partner of the firm, instead of PAN number of the Firm - petitioner then again applied for registration on 14.8.2017 - registration could not be activated as two registration applications were filed - Held that - until and unless the petitioner surrenders the subsequent registration dated 14.8.2017, the ear....... + More
2018 (4) TMI 1009 - KERLA HIGH COURT M/s. Teesta Distributors Versus State of Kerala, Right to carry lottery business - Use of Kerala GST Act, 2017 and police power to interfere into the lottery business - practical difficulty in following of 56(20A)(d) of the Kerala State GST Rules - Production of unsold lotteries before the authority within 48 hours - Challenge to the GST Rules, 2017 on a premise that these rules are colourable exercise of delegated legislation to interfere with rightful conduct of lottery business in the State ....... + More
2018 (4) TMI 1007 - ALLAHABAD HIGH COURT Time To Time Logistics Versus Union Of India And 3 Others Seizure of goods - incomplete E-Way bill - Section 129(1) of Uttar Pradesh Goods and Service Tax Act, 2017 - Held that - In the present case admittedly, all the above details were not filled up or disclosed in the E-Way Bill - the E-Way Bill was incomplete and improper. Any E-Way Bill which is not duly filled up cannot be construed to be a valid document and it would be treated as if the goods are not accompanied by appropriate / valid E-Way bill....... + More
2018 (4) TMI 1006 - GUJARAT HIGH COURT Filco Trade Centre Pvt. Ltd And 1 Versus Union of India And 1 Transition of CENVAT credit to ITC under GST - condition contained in clause (iv) of subsection (3) of section 140 of the Central GST Act - With introduction of GST, the petitioners could avail their CENVAT credit of the stock of goods lying with the petitioners, on which, the purchases were made not earlier than one year - NOTICE issued........ + More
2018 (4) TMI 938 - AUTHORITY FOR ADVANCE RULING , NEW DELHI In Re: M/s. Rod Retail Private Limited Zero rated supply or not - supply from the shop located in the Security Hold Area of the IGI International Airport - supply to an International outbound passengers holding international boarding pass applicable rate of 28 or otherwise - Held that - the goods can be said to be exported only when they cross the territorial waters of India and the goods cannot be called to be exported, merely on crossing the Customs Frontiers of India. BR BR export ....... + More
2018 (4) TMI 886 - ALLAHABAD HIGH COURT M/s Navyug Airconditioning Versus State Of U.P. And 02 Others Seizure order - wrong mention of the provision - case of petitioner is that the seized goods were in transit from outside the State the transaction would be covered by the IGST Act, 2017 read with CGST Acy and that the provisions of the UPGST Act or its Rules or the notifications issued therein would not apply - Held that - even if the seizure is treated to be under Section 129(1) of the Central G.S.T., as there was no provision of E-Way bill on ....... + More
2018 (4) TMI 812 - AUTHORITY FOR ADVANCE RULING , WEST BENGAL In Re : Sika India Pvt Ltd Classification of goods - SIKA Block Joining Mortar - section 97 (2) (a) & (e) of the CGST / WBGST Act, 2017 - whether classifiable under tariff item 3214 90 90 in terms of Chapter Heading No. 3214 to the HSN? - Held that - HSN 3214 90 90 is a residuary classification. It should include all other products that have the general characteristics mentioned above, and, therefore, classifiable under heading 3214, but are not specifically mentioned........ + More
2018 (4) TMI 811 - AUTHORITY FOR ADVANCE RULING , WEST BENGAL In Re : Akansha Hair & Skin Care Herbal Unit Pvt. Ltd. Classification of goods - skin care preparations - Appellant claims the goods to be Ayurvedic Medicaments. They are meant for therapeutic or prophylactic uses, put up in packaging for retail sale and entirely correspond to the description of goods under HSN 3004 - N/N. 1/2017-CT(Rate) dated 28/06/2017. BR BR Held that - there is no dispute that the products are manufactured under valid drug license and following the formula prescribed in the auth....... + More
2018 (4) TMI 810 - AUTHORITY FOR ADVANCE RULING , WEST BENGAL In Re : Switching Avo Electro Power Ltd. Classification of supply - UPS along with the battery - Mixed supply / Composite supply - naturally bundled - whether such supplies can be treated as Composite Supply within the meaning of Section 2(30) of the CGST/WBGST Act, 2017? - Section 97 (1) of the GST Act - Held that - The contract for the supply of a combination of UPS and battery, if not built as a composite machine, is not indivisible. The recipient can split it up into separate supply....... + More
2018 (4) TMI 809 - AUTHORITY FOR ADVANCE RULING , WEST BENGAL In Re : Joint Plant Committee Levy of GST - requirement of registration - charitable institutions - non-profit organisation set up by the Central Government under Clause 17 of the Iron & Steel (Control) Order vide SO 1567 dated 07/04/1971 - main source of income is interest - Applicant declares that it has not been registered under any of the repealed Acts and wants a ruling on whether it is required to be registered under the CGST / WBGST Act, 2017 - Held that - Exemptio....... + More
2018 (4) TMI 1053 - BOMBAY HIGH COURT The Principal Commissioner of Customs (General) Mumbai Versus Unison Clearing Pvt. Ltd., and others. Suspension of CHA License - Time Limitation - Whether the CESTAT is right in law in setting aside the order or suspension of the Custom Broker Licence on the ground of delay between the suspension and the notice of deviation or omission, ignoring that DRI letter dated 24th July 2014 and the Custom Broker Licence was suspended on 8th August 2014? - Regulation 18, Regulation 19 and Regulation 20 of CBLR. BR BR Whether the time line as prescribed in....... + More
2018 (4) TMI 1052 - DELHI HIGH COURT The Commissioner Of Customs And The Commissioner Of Customs (Import And General) Versus SAP India Pvt. Ltd. Jurisdiction - power of DRI to issue SCN - tribunal remanded back the case - Whether CESTAT was justified and correct in law in passing an order of remand to the original adjudicating authority to first decide the issue of jurisdiction, after decision of the Supreme court in Civil Appeal preferred against the decision of Delhi High court in Mangli Impex Limited v. Union of India 2016 (5) TMI 225 - DELHI HIGH COURT ? - Held that - The appeals pref....... + More
2018 (4) TMI 1051 - CESTAT AHMEDABAD M/s Sabic Innovative Plastics India Pvt. Ltd. Versus C.C. -Jamnagar (prev) Refund claim - unjust enrichment - whether the appellant had passed on the burden of refund amount of ₹ 40,36,127/- to others which was deposited with the department at the time of provisional assessment of the imported goods, during the period August 2010 to November 2010? BR BR Held that - the appellant has not passed on the burden of the amount claimed as refund to others, as the refund amount shown as Provision in balance sheet of 2010-....... + More
2018 (4) TMI 1050 - CESTAT MUMBAI Maersk India Pvt Ltd Versus Commissioner of Customs (Import) , Nhava Sheva Shri Prashant Pilferage - Recovery of duty from custodian-appellant - Penalty u/s 117 of Customs Act, 1962 - confiscation - Held that - Custodianship is institutionalized in the Customs Act, 1962 to ensure that there is no loss of revenue between the landing of a consignment and its clearance for home consumption. Inherent in such custodianship is the presumption of conformity with the declaration unless asserted otherwise at the time of taking over of custodi....... + More
2018 (4) TMI 1049 - CESTAT MUMBAI Sunil Traders Versus Commissioner of Customs (Import) , Nhava Sheva Classification of goods - sew on the metal button - difference in rate of additional duty - whether classifiable under heading 9606 2100 of the First Schedule to the Customs Tariff Act, 1975 with nil rate of additional duty or under 9606 1010 and subjected them to appropriate rate of additional duty, i.e. 14 before 7th December 2008 and 10 after that date? BR BR Held that - In the absence of such sampling, there is no justification for alteration....... + More
2018 (4) TMI 1048 - CESTAT MUMBAI Chintoo Creations Versus Commissioner of Customs (EP) , Mumbai Duty Drawback - overvaluation of export goods - entire case was made out on the basis of market enquiry - Held that - Since the market enquiry report is not on record, it cannot be found out whether the goods in respect of which market enquiry was conducted is identical goods to the export goods. Therefore, in absence of any such details, it was not correct on the part of the adjudicating authority to come to a conclusion that the appellant has d....... + More
2018 (4) TMI 980 - MADRAS HIGH COURT M/s. Shapoorji Pallonji Infrastructure Capital Co Ltd. Versus Union of India, The Director General, Directorate General of Safeguards, Customs and Central Excise Recommendation for Imposition of safeguard duty - import of Solar Cells - validity of preliminary findings notice - Maintainability of petition - Jurisdiction of High Court to entertain the petition - Principles of Natural Justice - Held that - it cannot be contended that this Court has no jurisdiction to entertain the Writ Petition. The petitioner has also established that they are having their office at Chennai. Further, the respondents were no....... + More
2018 (4) TMI 979 - DELHI HIGH COURT M/s. Welldone Exim Pvt. Ltd. (Formerly Known As M/s. G.D. Mangalam Exim Pvt. Ltd.) , M/s. Attire Deisigners Pvt. Ltd. (Formerly Known As M/s. Sidh Designers Pvt. Ltd.) , M/s. Goodone Traders Pvt. Ltd. (Formerly Known As M/s. Yogmaya Traders Pvt. Ltd.) Versus Directorate General of Foreign Trade & Anr. Foreign Trade Policy (FTP) - Incremental Export Incentivisation Scheme (IEIS) - N/N. 43(RE-2013)/2009-2014 dated 25th September, 2013 - whether clause (i) incorporated in paragraph 3.14.5.(c) poses an upper limit of benefit under the IEIS for the year 2013-14 or in view of clause (ii), and on interpretation of paragraph 3.14.5.(c) claims in excess to this value would be subjected to greater scrutiny by the Regional Authority? BR BR Held that - A ....... + More
2018 (4) TMI 978 - CESTAT NEW DELHI M/s Surendra Industries Versus CC, Jaipur Maintainability of refund claim - doctrine of unjust enrichment - denial on the ground that it did not fulfill the conditions contained in the N/N. 46/2011 - whether refund claim is maintainable, without challenging the order of assessment passed by the assessing authority? - whether the doctrine of unjust enrichment is applicable to the facts of this case, for denying the refund benefit to the appellant? BR BR Held that - rejection of refund app....... + More
2018 (4) TMI 968 - CESTAT CHENNAI Sun Pharmaceuticals Industries Ltd. Versus Commissioner of Central Excise & ST, Puducherry 100 EOU - Empty drums after use of the inputs were sold by the appellants in DTA - suitable for repeated use - Department took the view that such clearances will attract customs duty in view of condition No.4(b) N/N. 52/2003-Cus. as amended - whether the drums in which the inputs have been imported are suitable for repeated use? - Held that - the empty drums have been sold only as scrap to merchants and to their employees. BR BR For the purpose o....... + More
2018 (4) TMI 924 - CESTAT MUMBAI M/s. Prashray Overseas Pvt. Ltd. Versus Commissioner of Customs (Import) , Nhava Sheva Exemption from CVD - N/N. 30/2004-CE dated 9.7.2004 - whether the goods imported by the appellant is exempted from payment of CVD by applying the excise exemption N/N. 30/2004-CE dated 9.7.2004? - Held that - In the said notification, condition was provided that the manufacturer should not avail the CENVAT Credit on the inputs or capital goods used for manufacture of goods on which the exemption is claimed - In the facts of the present case, the ....... + More
2018 (4) TMI 923 - CESTAT MUMBAI M/s UFO Movies India Ltd. Versus Commissioner of Customs (ACC & Imports) , Mumbai Valuation - levy of CVD on the basis of RSP/MRP - leasing of projector - The case of the department is that the leasing of projector is amount to sale in terms of Standards of Weights and Measures Act, 1976 - whether the imported Digital Video Projectors and Decoders given on lease to the Theater Owners for using in display of the movie is liable for CVD on the basis of valuation under Section 4A of the Central Excise Act, 1944? - Held that - the....... + More
2018 (4) TMI 922 - CESTAT MUMBAI M/s Teracom Pvt. Ltd. Versus Commissioner of Customs, Central Excise & Service Tax, Goa Penalty u/s 114(A) of the Customs Act, 1962 - case of the Department is that the appellants have wrongly claimed the exemption as the goods imported was not meant for manufacture of optical fiber cable - Held that - though the appellants have claimed the exemption Notification, but they have not mis-declared the description of the goods, the eligibility of the notification is based on interpretation, therefore, merely claiming the exemption notif....... + More
2018 (4) TMI 921 - CESTAT MUMBAI Commissioner of Customs (Export) , Mumbai Versus M/s Sanvijay Rolling & Engineering Ltd. and M/s Prakash Ispat Udyog Penalties u/s 112(b) of the Customs Act, 1962 on M/s Maharashtra Steel Rolling Mills (P) Ltd., who was one of the noticee - Held that - in the case of M/s Sanvijay Rolling & Engg. Ltd. and others, this Tribunal remanded the matter to the adjudicating authority for fresh decision - Since the issue whether the penalty u/s 112(b) of the Customs Act, 1962 should be imposed on M/s Maharashtra Steel Rolling Mills Pvt. Ltd. is consequential to the d....... + More
2018 (4) TMI 920 - CESTAT NEW DELHI M/s. Avanti Overseas Pvt. Limited Shri Siddharth Modi. MD Versus Commissioner of Central Excise & Customs, New Delhi Maintainability of appeal before Tribunal - 100 EOU - issue of payment of Duty Drawback - case of Revenue is that this is a case of claim of drawback and therefore, the appeal is not maintainable before the Tribunal, in terms of proviso (1) to Section 129A of the Customs Act - whether the appeals are maintainable before this Tribunal or not? - Difference of Opinion - majority order. BR BR Held that - Section 129A of Customs Act, 1962 bars the jur....... + More
2018 (4) TMI 1047 - BOMBAY HIGH COURT Jalaram Flexo Laminates Private Ltd. Versus Polypet Flexible Packaging Private Limited, Non disclosure of cause of action for filing the suit and that the suit was also barred by limitation - Held that - The cause of action was already pleaded when the suit was filed and that the trial Court has not relied upon averments in amended paragraph 21A, ratio of the decision in Patasibai and ors. (1990 (1) TMI 321 - SUPREME COURT) cannot be applied to the facts of the present case. The question whether the amendment could have been allowed....... + More
2018 (4) TMI 919 - BOMBAY HIGH COURT Mr. O.K. Varghese, Mr. O.K. Kuriappan, M/s. Spectron Engineers Pvt. Ltd., Ms. Elsy Anthony, Versus M/s. OFS Industries (P) Ltd., O.K. Augusty, Mr. O.K. Jose, Mrs. Vasanthi Ramappa Kanchan, and Mr. H.R. Kanchan, Oppression and mismanagement - Held that - Appellant no.1 had responded to all allegations and had pointed out that the payment to Barkha lnds had been made in the normal course of business and respondent no.2 s allegation that the company did not need such service/ software was baseless; that the amount debited to SCA International was the commission earned by respondent no.1 company, i.e., income generated by the company and not money taken fro....... + More
2018 (4) TMI 918 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI Mr. Ajith Kunimal Venugopal, Mr. Sajith Venugopal, Mr. Kunimal Parangattil Venugopal And Gopalkumar Puthan Kattoor Versus Oil Tools International Services Private Ltd, Ace Oil Fields Supply Inc., Mr. Paul Waters, Gopalkumar Puthan Kattoor, Mr. Paul Waters, Mr. Ajith Kunimal Venugopal, Mr. Sajith Venugopal And Mr. Kunimal Parangattil Venugopal Board of Directors rights terminating the office of 3rd respondent as director - Whether no notice was required to be given to that particular director against whom Section 283(1)(g) of the Companies Act, 1956 - sufficient notice to the shareholders within the meaning of Section 172 of the Companies Act - Held that - Whenever any meeting is held, either Board meeting or General Meeting, duty is cast upon the persons holding meeting to send the re....... + More
2018 (4) TMI 732 - DELHI HIGH COURT Dev Chander Sood & Ors. Versus H.L. Sud & Ors. Grant of a preliminary decree for partition of property - defendants has argued that the plaintiff No.1 was thrown out from the HUF since he had sold some other properties of the HUF - Held that - A preliminary decree for partition be drawn up. BR BR On enquiry, it is informed that the property is constructed over land admeasuring 200 sq. yds. and comprises of ground, first and half second floors and is not divisible by metes and bounds. No purpo....... + More
2018 (4) TMI 731 - DELHI HIGH COURT Neeraj Batra Versus M/s. PSA Nitrogen Ltd. Winding up petition - existence of eligible outstanding debt - Held that - A clear case is made out in this case that the respondents are despite having admitted the dues of ₹ 13,23,057/- refusing to pay. Respondent company is hence unable to pay its debt. BR BR Keeping in view the above, the petition is admitted and the Official Liquidator attached to this Court is appointed as the Provisional Liquidator. He is directed to take over all th....... + More
2018 (4) TMI 683 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI M/s. Power Finance Corporation Limited, (through Manoj Sharma and P.K. Sinha) Urjanidhi Versus M/s. Shree Maheshwar Hydel Power Corporation Limited, Mr. Shambhukumr S. Kasliwal, Mr. Mukul S. Kasliwal, Mr. Vikas S. Kasliwal, Mr. Abhay Kumar Kasliwal (deceased) , Mr. Warij A. Kasliwal, M/s. S. Kumar Nationwide Limited, (Formerly S. Kumar Synfab Limited) , M/s. Entegra Limited, M/s. MW Infra Developers Private Limited, And Shri Ramkrishnan N Oppression and Mismanagement - Petitioner-Appellant submitted that the affairs which have been or are being conducted in a prejudicial or oppressive manner both can be looked into and thus past affairs can also be considered - Held that - We find that have been relates to present perfect tense. It relates to action that began some time in the past and is still in progress. Wording are being relates to present continuous tense. There is a differen....... + More
2018 (4) TMI 682 - SECURITIES APPELLATE TRIBUNAL, MUMBAI Corporate Strategic Allianz Limited Versus Securities and Exchange Board of India, Mumbai And Ahmedabad Prohibition from accessing the securities market directly or indirectly - SEBI advising the appellant to dissociate from discharging the obligations as a Merchant Banker in view of the 3 year restraint imposed by the order of the WTM of SEBI - Prohibition of manipulative and deceptive devices, insider trading and substantial acquisition of securities or control - Held that - Provisions in the SEBI Act, PFUTP Regulations and the clarification give....... + More
2018 (4) TMI 549 - DELHI HIGH COURT Getamber Anand & Anr. Versus Anil Kumar Saha Breach of MOU - transfer of shares of ATS Estate Pvt. Ltd. - bar on contracts - Held that - Arbitral Tribunal noted that petitioner no.1, in his crossexamination, had stated that the shares of ATS Estate Pvt. Ltd would have been transferred to the respondent whenever a buyer for the same was found. However, the MOU did not stipulate that transfer of shares of ATS Estate Pvt. Ltd. to the respondent would be contingent upon the investor(s) being lo....... + More
2018 (4) TMI 548 - RAJASTHAN HIGH COURT Jean Lavabre Dominique S/o Mr. Jean Chlaude Versus Voyager Hotels & Motels Private Limited, Jaideep Singh Chandela, Ashraf Khan Parvez c/o Shri Jaideep Singh Chandela, Piyush Mishra Removal of director - reconstitution of Board of the Directors of the Respondent Company alleging that the affairs of the Company are being mismanaged and conducted in a manner oppressive to other member - Held that - Bare perusal of the order dated 12.5.09 reveals that the parties agreed that the Appellant herein shall go out of the company for total consideration of ₹ 3.25 crores to be paid by the Respondents. But at the same time, the ti....... + More
2018 (4) TMI 547 - RAJASTHAN HIGH COURT Panday Minerals Private Limited, Laxmi Narayan Panday s/o Shri Amrit Lal Panday, Mohit Panday S/o Shri Prabash Panday, Rakhee Panday w/o Mr. Rohit Panday, Prabhash Panday s/o Laxmi Narayan Panday, Vimla Panday w/o Prabha Panday, Rohit Panday s/o Prabhash Panday, Ritika Panday Versus Sanjay Sukhwal s/o Late Shri Laxmi Narayan Sukhwal, Registrar of Companies, Deepak Vijaywargiya S/o Vishwasnath Vijaywargiya Oppression and mismanagement - Appointment of Ms. Rakhi Pandey as Director of the Company - no notice was given to the first Respondent and the Appellant no.2 herein was the only Director present in the meeting and thus, for want of proper quorum - illegal transfer of the shares - Held that - There is no evidence on record showing that notice of Extra-ordinary General Meeting held on 9.10.09 was given to the first respondent, wherein the paid up ....... + More
2018 (4) TMI 487 - SUPREME COURT OF INDIA The Andhra Pradesh Industrial Infrastructure Corporation Limited And Others Versus S.N. Raj Kumar And Another Cancelling the allotment or demanding payment of 50 of the prevailing market value - Operation of transfer - Held that - It is not necessary to deal with the argument as to whether doctrine of proportionality is applicable in the instant case or not. It is to be borne in mind, as rightly held by the High Court, that the appellant-Corporation had withdrawn the action of cancellation of the plots. Instead, it demanded 50 of the prevailing market va....... + More
2018 (4) TMI 486 - KERALA HIGH COURT Alex Philip Versus Ramangalam Tile Works Company Ltd., The Tahsildar, Office of The Tahsildar And P.V. Prabhakaran, Revenue Divisional Officer, Muvattupuzha Sale conducted become void under provisions of Section 536 of the Companies Act, 1953 - Held that - Learned Judge in the company court has not gone deep into the above said aspects. Question as to whether the sale itself was void ab initio by virtue of provisions contained in Section 537 (1) (b) or under Section 536 (2); or as to whether there existed any reasons to hold the sale otherwise than void, has not been seen examined. BR BR The factual ....... + More
2018 (4) TMI 234 - CALCUTTA HIGH COURT Jai Balaji Industries Ltd. Versus Wellman Logistics Pvt. Ltd. Winding up petition - Held that - Right of the petitioning creditor to obtain payment of the principal amount of ₹ 5,15,31,045/-, together with interest thereon at the rate of 6 per annum from the date of the notice issued u/s 434 of the Act of 1956 till the date of actual payment has attained finality and this Court does not have any scope to deviate from such finding. BR BR Admittedly, the company has failed to pay the entire amount as di....... + More
2018 (4) TMI 233 - SECURITIES APPELLATE TRIBUNAL, MUMBAI Pinku Kumar Das Versus Securities and Exchange Board of India Vacation of office by Directors - Held that - The appellant did not resign on 21.09.2011 and even if it was so, he never pursued it with the Registrar of Companies or with the company for filing Form 32 with the ROC. On the contrary, after one-and-a half years he furnished fresh resignation letters on 26.02.2013 and thereafter again on 01.04.2013.Even in the subsequent resignation letters the appellant neither raised any grievance with the compan....... + More
2018 (4) TMI 164 - BOMBAY HIGH COURT M/s. Rojee-Tasha Stampings Private Ltd., Automotive Metal Stampings Pvt. Ltd., M/s. Ganage Pressings Pvt. Ltd., M/s. Poona Tools Pvt. Ltd., Versus POSCO-India Pune Processing Centre Pvt. Ltd. Winding up petition - whether company petitions were not maintainable, for the reason that the respondent had received the amounts due and payable by the company from its insurers KSure- Korea ? - Held that - If there is subrogation in favour of the insurer, the insurer as subrogee can file a complaint under the Consumer Protection Act either in the name of the assured as his attorney holder or in the joint names of the assured and the insurer, f....... + More
2018 (4) TMI 681 - ATFEMA Oriental Bank of Commerce Versus The Joint Director Directorate of Enforcement, Mumbai Violation of FERA - lending against the deposit without taking any primary security - Held that - Bank had lent money against the security of deposits in the NRNR accounts. There was no bar in such type of lending as is apparent from the RBI s Notification. The bank was required to comply with the condition attached to such lending as prescribed by the RBI under the FERA/FEMA. One such condition was that the bank could grant loan facilities to re....... + More
2018 (4) TMI 421 - DELHI HIGH COURT United India Airways Ltd & Anr. Versus Chief Enforcement Officer, Enforcement Directorate Violation of Section 9(1)(e) of Foreign Exchange Regulations Act, 1973 - failure to comply with the mandatory requirement of Section 61(2) of FERA - Held that - The subject complaint was filed on 29.05.2002. Since petitioners were never granted an opportunity, as mandated by Section 61(2) of FERA, there is clearly a breach of the mandate of law. Since the requirements of Section 61(2) of FERA have not been complied with, reliance placed by the re....... + More
2018 (4) TMI 232 - ATFEMA Ram Nath Versus The Joint Director Directorate of Enforcement, Chandigarh Stay petition - Held that - This is is an arguable case on merits and hence cannot also be stated to be prima facie in their favour. They are accordingly required to pre-deposit the penalty of ₹ 10 lakhs within a period of four weeks from today failing which the appeal shall be disposed off as per the provisions of FEMA........ + More
2018 (4) TMI 162 - BOMBAY HIGH COURT Esab India Limited Versus Union of India, Director of Enforcement, Department of Revenue Order passed by an officer coram non judice - gross violation of the principles of natural justice. These orders have been passed without complying with the statutory requirements - Held that - Though a writ of certiorari can be issued by this court despite the presence of alternate and equally efficacious remedy, that is not a prohibition or rule, but a matter of prudence, still, whether to issue such a writ or not depends upon the facts and cir....... + More
2018 (3) TMI 1291 - ATFEMA Shri Ashutosh Saha Versus The Joint Director Directorate of Enforcement, Kolkata Appeal for non-compliance of pre-deposit of penalty - Held that - All the information provided proves that the conduct of the appellant/his counsel has not been very honest and they have tried to misguide the tribunal. That they have failed to file a review petition within a reasonable time is apparent from above, and are now coming up with some ground or the other. The judgements relied upon by the learned counsel of the appellant during hearing....... + More
2018 (3) TMI 1251 - DELHI HIGH COURT CPIO, Directorate of Enforcement, New Delhi and Anr. Versus Mr. Bimal Kumar Bhattacharya Public authority excluded from the purview of Right to Information Act - Held that - Section 24(1) of the Act expressly excludes intelligence and security organizations specified in the Second Schedule of the Act from the purview of the Act. Admittedly, the Directorate of Enforcement is included in the Second Schedule to the Act and, thus, cannot be called upon to disclose information under the provisions of the Act. The only exception carved out....... + More
2018 (3) TMI 1250 - ATFEMA Knight Riders Sports Private Limited Versus The Special Director Directorate of Enforcement, Mumbai Maintainability of Appeal under Section 19 of FEMA Act - Held that - Provisos to Section 19(1) of the Act, an appeal can be maintained/heard only when the issue of pre-deposit of penalty has been examined/addressed. BR BR In the instant case, the conditions for filing Appeal has not been satisfied as no penalty has been imposed in the absence of an order . As the provisions laid down in Section 19(1) of the Act have not been fulfilled, the appeal....... + More
2018 (3) TMI 1136 - ATFEMA Knight Riders Sports Pvt. Ltd. Versus The Special Director Directorate of Enforcement, Mumbai Calling of witness Mr. Chokshi whose cross examination was already conducted on 20/09/2017 was rejected - Held that - It is the interest of justice, equity and fairplay, let Mt. Chokshi be further cross-examined on this aspect. The argument of the respondent has no forced that the appellant has covered entire case on 20.09.2017 if when the question of 41-45 were put to Mr. Chokshi. BR BR Thus, the findings given in the impugned orders are contrar....... + More
2018 (3) TMI 1067 - PUNJAB & HARYANA HIGH COURT Gurnihal Singh Pirzada Versus Directorate of Enforcement And Others Working of Special Investigation Team ( SIT ) questioned - As submitted SIT especially the Directorate of Enforcement ( ED ) is acting in contravention and beyond the orders of this Court which was supposed to investigate the dispute of M/s International Customer Related Management Services Pvt. Ltd. (for short, ICRMS ) and rather it has plunged into third party disputes - Held that - In the light of unison shown by the learned counsel representi....... + More
2018 (3) TMI 1066 - ATFEMA M/s Sushil Sales Corporation Versus The Deputy Director Directorate of Enforcement, Mumbai Application of FEMA for a contravention in the FERA issue - Held that - The present appeal instead of being preferred before the Special Director (Appeals) under Section 17 of FEMA has being filed this Tribunal for Foreign Exchange under section 19 FEMA is not maintainable and thus the same is liable to be dismissed........ + More
2018 (3) TMI 119 - DELHI HIGH COURT Bimal Kumar Jain Versus Directorate Of Enforcement Violation of provisions of FEMA - cross-examination of the witnesses other than the IO - Held that - The application made to the Special Director in the course of proceedings in this case (dated 21.12.2017), is part of the record. No doubt, the appellant sought the Investigating Officer s cross-examination inasmuch as, according to him, examination as to the conclusion in his report was necessary. BR BR The appellant, at the same time requested f....... + More
2018 (2) TMI 1682 - MADRAS HIGH COURT Pradeep D. Kothari Versus The Assistant Director, Directorate of Enforcement, Commissioner of Customs (Appeals-I) , Deputy Commissioner of Income Tax Order of seizure in terms of provisions of Section 37A(1) of FEMA - foreign exchange worth USD 352258.25 suspected to be held outside India in contravention of Section 4 of FEMA - Held that - The petitioner filed an additional affidavit dated 08.01.2018 placing certain factual details regarding the amount, which was lying in the foreign Bank account in 2002. Along with the additional affidavit, the petitioner has enclosed copy of the letters of H....... + More
2018 (2) TMI 762 - BOMBAY HIGH COURT Lalit Kumar Modi Versus Special Director, Directorate of Enforcement & Others Right to cross-examine - Cross examine the witnesses whose statements were recorded under Section 37 of FEMA and whose statements have been relied upon in the complaint - complaint alleges that the provisions of section 3(b) of the FEMA have been contravened by the petitioner by making a payment to Cricket South Africa (CSA) a person residing outside India, without permission of the Reserve Bank of India (RBI) and that is inter alia apparent from....... + More
2018 (2) TMI 579 - ATFEMA Sh. Kamlesh B. Rawal Versus The Joint Director Directorate of Enforcement, Mumbai Abetting one Sh. P.G. Rawal in transferring foreign exchange in contravention of Section 8(3) read with 8(4) and Section 48 read with Section 64(2) - Held that - While the order in original has passed a very detailed order, however the adjudicating authority has not given any evidence or facts to state as to how the appellant has abetted with Sh. P.G. Rawal, in the said contravention. It appears that he has based his judgment on an inference from....... + More
2018 (2) TMI 333 - DELHI HIGH COURT Bimal Kumar Jain Versus The Directorate of Enforcement Offence under FEMA - reject the petitioner s application for cross-examination - Held that - A plain reading of the application filed by the petitioner seeking cross-examination of certain individuals named above also indicates that the petitioner had reiterated its contention that the material or evidence on record does not substantiate the allegation made against him. At the outset, the petitioner had denied all the allegations made against him....... + More
2018 (4) TMI 1008 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI Birender Kumar Versus M/s Adel Landmarks Ltd. Corporate Insolvency Resolution Process - winding up initiated already - Held that - Learned counsel appearing on behalf of Appellant accepts that Hon ble High Court has already initiated winding up proceedings by admitting the application under Section 433(e) of the Companies Act, 1956. In view of such positon and observations made by this Appellate Tribunal in aforesaid appeals, we hold that the application under Section 9 was not maintainable........ + More
2018 (4) TMI 937 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI KLA Construction Technologies Pvt. Ltd. Versus CKG Realty Pvt. Ltd. Corporate Insolvency Resolution Process - whether non-payment of advance could not give rise to a claim as an operational debt? - Held that - The claim set up by the Appellant does not fall within the definition of operational debt, default in respect whereof would justify triggering of Corporate Insolvency Resolution Process in terms of Section 9 of I&B Code . What emerges from record is that there is a plausible dispute between the parties in r....... + More
2018 (4) TMI 936 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI Mr. M. Nandagopal Versus Virtuous Urja Limited Insolvency resolution by operational creditor - corporate insolvency procedure - Corporate Debtor has preferred these appeals on the ground that provisions of Rule 5 have not been followed, as no demand notice under sub-section (1) of Section 8 of the I&B Code was issued, nor relevant information in terms of Part IV of Form 5 were provided by the Financial Creditor - Held that - Similar issue fell for consideration before this Appellate Tribunal ....... + More
2018 (4) TMI 734 - SUPREME COURT OF INDIA Bikram Chatterji And ORS Versus Union of India And ORS. Complaint against Amrapali group - There are certain projects which could not be included for one reason or the other in the said note. We request the learned counsel appearing for the parties to submit details of M/s. Amrapali group to Mr. Gaurav Bhatia, Advocate. As undertaken by Amrapali Group that they are going to convene joint meeting of officers of NOIDA/Greater NOIDA authorities and the buyers/representatives and other interested stakehol....... + More
2018 (4) TMI 687 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI Sriram Compounds Pvt. Ltd. Versus Shiva Drums Pvt. Ltd. & Ors. Corporate insolvency process - no notice under sub-section (1) of Section 8 of the I&B Code was issued by the Appellant, nor necessary information were furnished as per Rule 5 - Held that - We are not inclined to interfere with the impugned order dated 26th July, 2017 passed by the Adjudicating Authority, Principal Bench, New Delhi. However, the order passed by the Adjudicating Authority will not come in the way of Appellant to issue notice under....... + More
2018 (4) TMI 602 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI Ranjeet Karnal Versus Bell Finvest (India) Limited No service of notice on the Corporate Debtor under Rule 4(3) of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 - Held that - Adjudicating Authority issued notice recording the date of hearing of the application was not served on the Corporate Debtor and returned unserved. It is also not disputed that the address of the Corporate Debtor had been changed much prior to filing of the application under Section 7 of t....... + More
2018 (4) TMI 601 - NATIONAL COMPANY LAW TRIBUNAL, KOLKATA Abhishek Stock Broking Service Pvt. Ltd., Narayan Finvest Pvt. Ltd., Ayush Fiscal Pvt. Ltd. And Multiplus Resources Ltd. Versus Shree Ganesh Jewellery House (I) Ltd. Corporate insolvency resolution process - existence of outstanding debt - Held that - Financial creditors extended financial assistance in the form of Inter Corporate Deposits to the corporate debtor. The corporate debtor has duly acknowledged receipt of such Inter Corporate Deposits which were seen distributed through RTGS in the account of the corporate debtor. The corporate debtor has issued confirmation of accounts and thereby admitted the fi....... + More
2018 (4) TMI 584 - NATIONAL COMPANY LAW TRIBUNAL, KOLKATA Citi Bank NA Versus Cosmic Ferro Alloys Ltd. Corporate insolvency process - Power supply was disconnected while moratorium in force - Held that - Disconnection of the electricity by the DVC, while the moratorium is in force, is quite, illegal and against the provisos of the Code. None of the contentions taken by the DVC are found sustainable under law. Considering the peculiar nature and circumstances of the case in hand and considering that the disconnection is illegal and despite personal....... + More
2018 (4) TMI 532 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI Atul Sharma Versus Gudearth Homes Infracon Pvt. Ltd. And anr. Corporate insolvency procedure - appellant submits that there is no debt in the eyes of the law as the amount was not paid to the Corporate Debtor - Held that - As from the record we find that Mr. Atul Sharma and Mr. Nipun Sharma, two Directors of the Corporate Debtor were introduced through common friend in the year 2013. At that time, Corporate Debtor needed financial assistance for a short period, therefore, Corporate Debtor approached and req....... + More
2018 (4) TMI 351 - NATIONAL COMPANY LAW TRIBUNAL, NEW DELHI M/s. Amar Tours And Transport Versus M/s. Go Airlines (India) Limited Initiation of Corporate Insolvency Resolution Process - existence of operational debt - Held that - There has been no admission of operational debt by the respondent. In fact, there has been a dispute regarding bills raised and services provided by the applicant. Respondent had raised counter debit notes in 2016. There was existence of dispute much prior to the issuance of notice under Section 8 of the Code. Respondent has raised dispute with suf....... + More
2018 (4) TMI 350 - NATIONAL COMPANY LAW TRIBUNAL, NEW DELHI M/s KLA Const. Technologies Pvt. Ltd. Versus CKG Realty Private Limited Corporate Insolvency Resolution Process - non-payment of mobilization advance - Held that - Non-payment of advance cannot give rise to a claim under Section 5(21) of IBC,2016 as an Operational Debt will arise only when the Petitioner/Operational Creditor is able to establish that there is a debt due and payable arising out of provision of goods or by rendering of services which is not the case here as the said stage has not according to the Corpo....... + More
2018 (4) TMI 349 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI K.S. Oils Ltd. Versus The State Trade Corporation of India Ltd. And Anr. Corporate insolvency proceedings - Held that - Indian Council of Arbitration cannot proceed during the moratorium period. BR BR Set aside the order passed by the Indian Council of Arbitration, declare that the Arbitration Tribunal/ Indian council of Arbitration cannot proceed with the arbitral proceeding pending between the parties. Both the parties are directed not to pursue arbitral proceeding before the Arbitration Tribunal/ Indian Council of ....... + More
2018 (4) TMI 276 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, KOLKATA Sandeep Kumar Gupta Versus Stewarts And Lloyds of India Ltd. And Anr. Corporate insolvency process - Resolution Professional appointment - Held that - The observations made in the impugned order should not be construed to be misconduct on the part of the Appellant, but as we find that the Adjudicating Authority was not satisfied with the performance of the Resolution Professional , we hold that the Adjudicating Authority was well within its jurisdiction to engage another person as Resolution Professional or Liquida....... + More
2018 (4) TMI 275 - NATIONAL COMPANY LAW TRIBUNAL, MUMBAI CG Power And Industrial Solutions Ltd. Versus ACC Ltd. Corporate Insolvency Resolution Process under Insolvency & Bankruptcy Code - Corporate Debtor having defaulted payment - whether pendency of appeal falls within the ambit of definition of existence of dispute, which has already been held that pendency of the appeal amounts to existence of dispute? - Held that - On reading and rereading of section 9, it is understood that if any of the compliance not done as envisaged under section 9(5)(ii), i....... + More
2018 (4) TMI 274 - NATIONAL COMPANY LAW TRIBUNAL, MUMBAI Bharati Defence and Infrastructure Ltd. Versus Mannu Carrier Corporation Right under Insolvency & Bankruptcy Code to get the delivery of the goods lying with the Respondent - ownership rights over the assets lying with the customs authoritieS - Held that - It is not the case that the Respondent herein proceeding to take some action against the Corporate Debtor for appropriating the proceeds of the goods lying in the warehouse, indeed the Corporate Debtor has come forward through RP to take out the asset from the c....... + More
2018 (4) TMI 1045 - CESTAT NEW DELHI M/s Mesco Airlines Limited Versus CST, New Delhi Supply to Tangible Goods Service - classification of services - the appellant were providing helicopter to the State Government for transportation of their personnel as and when required and for this purpose they were required to keep helicopter in readiness at particular places, maintain the same and also provide qualified and experience crew for their operation and maintenance - whether the service provided by the appellant is Transportation of....... + More
2018 (4) TMI 1043 - CESTAT MUMBAI Lemon Tree Hotels Ltd Versus Commissioner of Central Excise, Customs & Service Tax, Aurangabad CENVAT credit - appellant being a hotel - input services - construction service which was used for constructing additional rooms and repairing of some hotel rooms - Rule 6(5) of CCR 2004 - Held that - the overall hotel business is rendered within the common hotel building and the construction service received in respect of construction of any part of the hotel is a common input service which has nexus with overall hotel business - BR BR In appell....... + More
2018 (4) TMI 1042 - CESTAT ALLAHABAD M/s Galaxy Mercantiles Limited Versus Commissioner, Central Excise & Service Tax, Commissionerate, Noida CENVAT credit - Renting of Immovable Property service - input/input services - Cement, Glass and Steel - Architect Services - Work Contract Service - Held that - the issue is no more res-integra and the same has been settled through the ruling by Hon ble High Court of Andhra Pradesh at Hyderabad in Commissioner of Central Excise, Visakhapatnam-II vs. Sai Sahmita Storages (P) Ltd. 2011 (2) TMI 400 - ANDHRA PRADESH HIGH COURT , wherein it was held ....... + More
2018 (4) TMI 1041 - CESTAT CHENNAI Future Focus Infotech Pvt. Ltd. Versus Commissioner of Central Excise (ST) , Chennai-IV Man Power Supply or Recruitment Agency service - employees of the appellant would be sent either to such software companies premises or to the premises of the ultimate clients for provision of software services at the client s premises - Department took the view that appellants are only supplying man power to TCS in Special Economic Zones and other similar organizations as per the requirements and that the appellants are not engaged in developmen....... + More
2018 (4) TMI 1040 - CESTAT AHMEDABAD M/s Swayam Shipping Services Pvt. Ltd. Versus Commissioner of Central Excise & Service Tax, Rajkot Classification of services - appellants were only loading timber logs from the port area and lift them into truck/trailers and transported it to area situated in the ranges of around 50 to 60 km - GTA Service or Cargo Handling service? - extended period of limitation - CBEC Circular No. 104/7/2008-ST dated 6.8.2008 - Held that - appellant are primarily involved in loading/unloading of timber logs into the truck/trailer and transport of the same t....... + More
2018 (4) TMI 1039 - CESTAT CHENNAI M/s Design care Versus CST, Chennai Valuation - Construction of Commercial Building services - abatement under N/N. 15/2004-ST - Held that - The appellants claimed that they have rendered a composite service with supply of materials as well as the provision of service during the material time and the tax liability will arise only w.e.f. 01.06.2007, in view of the decision of the Apex Court in the case of Larson & Toubro Ltd. 2015 (8) TMI 749 - SUPREME COURT - This aspect requir....... + More
2018 (4) TMI 1038 - CESTAT CHENNAI M/s. SRM Institute of Management Versus CCE & ST, Trichy Exemption under N/N. 24/2004 dated 10.09.2004 - Commercial Training and Coaching service - denial of exemption on the ground that courses conducted by them are not approved by the competent authorities like AICTE - Held that - in similar set of facts the Tribunal in the case of Canan School of Catering and Hotel Management Vs. CST, Chennai 2018 (3) TMI 699 - CESTAT CHENNAI has held that those courses which provide such skills to the trainee to se....... + More
2018 (4) TMI 1037 - CESTAT CHENNAI M/s. Graphic Connection Advertising (Madras) Pvt. Ltd. Versus CCE & ST, Chennai Liability of Differential Interest - delayed payment of tax liability - Advertising Agency Service - Held that - Since we are not having the proceedings for tax dispute before us which is admitted atleast for a limited period, the interest liability has arrived at by the lower authorities cannot be disputed - appeal dismissed - decided against appellant........ + More
2018 (4) TMI 1036 - CESTAT CHENNAI M/s. Deccan Printers Versus CCE, & ST, Madurai Reverse Charge Mechanism - GTA Services - extended period of limitation - Held that - there is no sustainable ground for invoking extended period except the recording by the lower authority that neither ST-3 was filed nor the tax was paid in time - This cannot establish a case of willful mis-statement, suppression of facts with intend to evade payment of service tax. Since the appellant is called upon to pay service tax as a deemed service provid....... + More
2018 (4) TMI 1035 - CESTAT CHENNAI M/s. Bay Container Terminal Pvt. Ltd. Versus CCE, & ST, Chennai N/N. 12/2003 dated 01.07.2003 - Repair and Maintenance Service - exemption denied on the material part on the ground that no supporting evidence of sale of goods during the course of providing such repair service by the appellants - Held that - Hon ble Supreme Court in Jain Brothers 2012 (7) TMI 935 - SUPREME COURT , to state that the cost of goods supplied during repair cannot be added to the value of the taxable service in view of the said exem....... + More
2018 (4) TMI 1034 - CESTAT CHENNAI M/s. Maltanb Construction Engineers (P) Ltd. Versus CCE, & ST, Coimbatore Non-payment of service tax - cleaning services - extended period of limitation - Held that - these requires closure examination with relevant basic documents to arrive at a finding whether or not the recipient of service who is owing and managing the said building are to be considered as commercial or a non-commercial entity. BR BR Admittedly the buildings are used for running educational institutions recognized by law - irrespective of the statu....... + More
2018 (4) TMI 1033 - CESTAT CHENNAI CCE, Tirunelveli Versus M/s. Immanuel & Co. Liability of service tax - Maintenance or Repair Services - contract for widening and strengthening of the link road with bituminous concrete - Held that - The work of widening of narrow road to broader road would be completed only after the strengthening of new existing road for keeping in good condition. Therefore, the work widening and strengthening of link road with bituminous concrete rendered by the respondents is not liable to service tax ....... + More
2018 (4) TMI 1032 - CESTAT CHENNAI Commissioner of Service Tax, Chennai Versus M/s Galaxy (Tuticorin) Agencies Demand of service tax - CHA Services, Port Services and Steamer Agency Services - transition of Indirect tax to GST - Held that - against the order passed by the Larger Bench of the Tribunal on the issue of taxability of Port Services, the assessee/appellants had approached the Hon ble High Court of Madras by filing a Writ Petition, which was later converted by the Hon ble High Court to a Civil Miscellaneous Appeal, which is still pending before ....... + More
2018 (4) TMI 976 - MADRAS HIGH COURT M/s. Ocher Studios Pvt. Ltd. Versus The Additional Commissioner of Service Tax, The Superintendent (Grade IV) Service Tax Division IV Writ of mandamus directing the respondents herein to issue a certified copy of the order-in-original No.47 of 2011 dated 26.05.2011, so as to enable the appellant to file an appeal under the provisions of the Central Excise Act, 1944 - non service / communication of the order-in-original - Held that - Order-in-original is of the year 2011. No prejudice would be caused to the respondents, if a fresh certified copy of the same is furnished. Inasmuc....... + More
2018 (4) TMI 975 - MADRAS HIGH COURT Academy of Maritime Education And Training Trust Versus The Commissioner of Service Tax (Appeals-I) , Chennai Pre-deposit - appeal dismissed as time barred - Held that - the petitioner effected the predeposit on 01.7.2016, which is admittedly within the period of 30 days from the date, on which, the petitioner received the copy of the Order in Original. That apart, the appeal was filed on 06.7.2016 before the wrong forum - The stand taken by the petitioner stood vindicated after the office of the Commissioner of Central Excise and Service Tax (Appeals), ....... + More
2018 (4) TMI 1046 - MADRAS HIGH COURT M/s. TVS Srichakra Limited Versus The Commissioner of CGST & Central Excise, CENVAT credit - Reversal of credit on capital goods - lease back of goods - contemporaneous leasing back through rental agreement - whether the leasing back amounts to removal of capital goods from the factory premises of the petitioner or not? - Rule 3(5) of the CCR - Held that - In any adjudicatory process, the authority has a duty to deal with every material and relevant contention raised by the disputant. This alone will ensure that decision-....... + More
2018 (4) TMI 1044 - CESTAT MUMBAI Arihant Udyog, Vinayak Inds., Murthy Gopalkrishnan Nadar, Nageshwar Enterprises, CCE Nashik And Shri Samart Ashok Bhutada Versus to 4. CCE Nashik Respondent, Nageshwar Enterprises SSI Exemption - case of the department is that though the appellant s factories are located in rural area but major process of manufacturing is carried out by the job workers who are not located in rural areas but in urban areas - Held that - As per the activity the appellant is only carrying out affixation of brand on the tools i.e. spanner by embossing/ engraving. This process alone does not amount to manufacture - As regards other processes wh....... + More
2018 (4) TMI 1031 - BOMBAY HIGH COURT M/s. Bombay Snuff Pvt. Ltd,, Versus Union of India, and Others Refund of excess duty paid - duty paid under protest - time limitation - Section 11B of the Central Excise Act - whether the appellant was entitled to refund of excise duty paid from 1st April, 1989 to the end of February, 1994? BR BR Held that - No doubt, if the appellant claims refund under Section 11B of the Central Excise Act, the burden to establish such claim shall be upon the appellant, who has to lead evidence to the satisfaction of the a....... + More
2018 (4) TMI 1030 - BOMBAY HIGH COURT The Assistant Commissioner, Central Excise, Satara Versus Settlement Commission, Additional Branch, Custom & Central Excise, Mumbai, Allied Ferromelt Pvt. Ltd. Maintainability of application before Settlement Commission - Clandestine removal - parallel invoices - only contention of petitioner is that the Settlement Commission in this case completely bypassed the mandatory requirements stipulated in law and entertained the application - Principles of Natural Justice - Held that - It is evident from the communication, copy of which is at Exhibit C at page 80 dated 7th January, 2005 that this Commissionera....... + More
2018 (4) TMI 1029 - MADRAS HIGH COURT M/s. Annapoorna Re-rolling (P) Ltd. Versus The Customs Excise and Service Tax, Appellate Tribunal, The Commissioner of Central Excise Reversal of CENVAT credit - Rule 11(2) of Cenvat Credit Rules, 2004 - Assessee availed SSI exemption under N/N. 8/2003-C.E., dated 01.03.2003 - case of Revenue is that though the assessee had availed the SSI exemption, it had failed to pay the amount of duty under Rule 11(2) of CCR, 2004, equivalent to Cenvat credit availed by them on inputs and finished goods lying in stock as on 31.03.2005 and 31.03.2006 - whether the demand of duty equivalent ....... + More
2018 (4) TMI 1028 - CESTAT AHMEDABAD M/s Colour Flex Laminates Ltd, Shri Pradeep K Patel Versus C.C.E. & S.T. -Ahmedabad Extended period of limitation - Valuation - includibility of amortization of cost of dies/moulds/tools in assessable value - Held that - there were conflicting judgments on the includability of cost of moulds supplied free of costs by the buyers in value of finished goods manufactured using such dies/tooling/moulds. The dispute was finally resolved by the Larger Bench judgment rendered in the case of Mutual Industries Ltd 2000 (3) TMI 74 - CEGAT,....... + More
2018 (4) TMI 1027 - CESTAT AHMEDABAD M/s Anjani Industries Versus Commissioner of Central Excise & Customs, Surat Benefit of N/N. 6/2002-CE - Scouring Machine falling under Chapter 8451.10.10 or milling machine? - case of appellant is that the intention of the said notification is to grant exemption to both milling machine and to scouring machine and not to a combined milling and scouring machine - Held that - The appellants have produced an expert opinion which clearly states that the scouring machine is significantly different from milling machine and he h....... + More
2018 (4) TMI 1026 - CESTAT AHMEDABAD C.C.E. & S.T. -Surat Versus Shree Sidhi Vinayak Silk Mills 100 EOU - Valuation - clearance of 765539.74 L. Mtrs of processed MMF without payment of duty - whether proviso to Section 3(1) of CEA, 1944 will be applicable or Section 3(1) of CEA 1944 would be applicable? - Held that - Since the present case is for the period after 11.05.2001, the issue is settled against the assesee by the judgment of this Tribunal in the case of Maral Oveseas Ltd. 2016 (4) TMI 771 - CESTAT NEW DELHI , where it was held that....... + More
2018 (4) TMI 1025 - CESTAT AHMEDABAD Laxmi Steel Traders, Niranjbhai Kantilala, Dilipbhai K Shah Versus CCE –Bhavnagar Clandestine removal - shortage of finished goods and scrap - contention of appellant is that the documentary evidence submitted by them has not been considered by the first appellate authority and there is no finding on the documentary evidence produced before him - principles of natural justice - Held that - there is no finding on documents submitted by the appellants in their defence - Besides, the documentation which has been submitted before ....... + More
2018 (4) TMI 1024 - CESTAT AHMEDABAD M/s Vyas Shantilal Jethalal Sons Co., Shri Mahendra S Vyas, Shri Sanjay M Vyas Versus CCE & ST – Vadodara Scope of remand - Clandestine removal - branded bidis - Revenue went in appeal before this Tribunal, but, filed only one appeal against M/s. Vyas Shantilal Jethalal & Sons Co., Umeta. No appeal was filed against the dropping of demand issued to M/s Sanjay M Vyas and against Shri Mahendra S. Vyas - Held that - It is clear from the remand order that no appeal was filed against the other appellants except for M/s Vyas S. J. & Sons Co., Umeta....... + More
2018 (4) TMI 1023 - CESTAT MUMBAI M/s Kiroloskar Oil Engines Ltd. Versus Commissioner of Central Excise, Pune-III Valuation - includibility - whether 50 advertisement expenses borne by dealer with reference to sale of the finished goods by the appellant should be included in the assessable value or otherwise? - Held that - the 50 advertisement expenses are borne by the dealer. Since this amount is not flowing to the manufacturer, it cannot be said that there is an extra consideration - there is no question of inclusion of any amount, which is not flowing to ....... + More
2018 (4) TMI 1022 - CESTAT MUMBAI Tata Motors Ltd Versus Commissioner of Central Excise & Service Tax, LTU, Mumbai Refund of accumulated CENVAT credit - appellant-assessee had conceded not to claim this amount from the department - Held that - dispute is 15 years old it would be better to close the issue - once having conceded that item N. 3 and 4 (of the table) needs decent burial, appellant should not have exhumed the issue by filing the refund claim before the authorities - refund rightly rejected. BR BR Secondly, it has to be noticed that before the Tribu....... + More
2018 (4) TMI 1021 - CESTAT MUMBAI Detco Textiles Pvt Ltd, amesh Babulal Ranka, Detco Polyesters Pvt Ltd, Banwarilal S Clandestine manufacture and removal - it was alleged that appellant were clandestinely receiving texturized yarn from M/s DPPL, and after dying the same and sent it back to M/s DPPL, Silvassa - allegation based on record of the Godown Keeper of M/S Purohit Clearing Agency - whether all goods cleared are recorded in register of Purohit Clearing Agency and are dyed yarn? - Held that - unless Revenue is able to establish that the entire yarn listed ....... + More
2018 (4) TMI 1020 - CESTAT MUMBAI Dhanlaxmi TM T Bars Pvt. Ltd. Versus Commissioner of CE And Customs Aurangabad CENVAT credit - inputs/capital goods - MS. Angles, HR Coils, HR Plates, CI Casting etc - Held that - the Chartered Engineer, who is expert in the field, has clearly stated that the items procured by appellant (in this appeal) were used for supporting structure of capital goods and also for pollution control equipment - The said Chartered Engineer s certificate being not controverted by any evidence - appeal allowed - decided in favor of appellant....... + More
2018 (4) TMI 1019 - CESTAT MUMBAI Commissioner of Central Excise Kolhapur Versus Shree T.K. Warana SSK Ltd. CENVAT Credit - transportation of finished goods from the factory premises - Held that - Tribunal in respondent own case Tatyasaheb Kore Warana S.S.K. Ltd. Versus C.E.E., Kolhapur 2015 (7) TMI 506 - CESTAT MUMBAI has held that Appellant is entitled to take CENVAT credit on outward transportation service in the case of transportation of levy sugar upto the railway station and transportation of export sugar upto the port - credit allowed - decided ....... + More
2018 (4) TMI 1011 - MADRAS HIGH COURT The State of Tamil Nadu Versus Vinayagar Cotton Co. Revision of assessment order - whether the estimation of first sales made on the sales of cotton yarn is proper or not? - penalty u/s 12(3)(b) - Held that - In Indira Industries Vs. State of Tamil Nadu, 2014 (5) TMI 305 - MADRAS HIGH COURT , this Court considered a question, as to whether, levy of penalty under Section 12(3)(b) of the Tamil Nadu General Sales Tax Act, 1959, was justifiable, particularly, when there was no suppression pointed out ....... + More
2018 (4) TMI 1010 - KERLA HIGH COURT KNR Walayar Tollways Pvt. Ltd., Versus The Commercial Tax Officer (Works Contract) , Permission to submit revised returns - grievance voiced by the petitioner in the writ petition concerns the inaction on the part of the first respondent in taking a decision on Exts.P2 and P8 applications - Held that - in terms of Circular No.14 of 2017, the Commissioner of the State Goods and Services Taxes Department has clarified the issues relating to the right of the assessees under the Act to submit revised returns - petition is disposed of....... + More
2018 (4) TMI 939 - BOMBAY HIGH COURT Chowgule Industries Pvt. Ltd. Versus The State of Maharashtra Liability of VAT - the amount received by the assessee/appellant for supply of parts to the customers as a part of the warranty agreement - whether the Presiding Members of Hon ble Tribunal was justified in applying the ratio laid down in Mohd. Ekram Khan and Sons V/s. Commissioner of Tax Trade, U.P. 2004 (7) TMI 341 - SUPREME COURT OF INDIA , decided by Hon ble Supreme Court on 21.07.2004 to the appellant s case ? BR BR Held that - in Mohd. Ekra....... + More
2018 (4) TMI 888 - BOMBAY HIGH COURT The Additional Commissioner of Sales Tax VAT-I Versus Ankita Impex Service of notice - Whether in law and on facts, was the Tribunal right in setting aside the order of review dated 29.11.2012 holding that the notice in Form 309 issued in review proceedings was not properly served as per provisions of law hence no reason to go into genuineness of transactions? - Sub-section (2) of Section 27 of the Maharashtra Value Added Tax Act, 2002. BR BR Held that - Powers of the review under Section 25 of MVAT Act, 2002 ca....... + More
2018 (4) TMI 887 - MADRAS HIGH COURT The State of Tamil Nadu Versus Raj Mosaic Tile Works, Raj Floorings Works Contract - Mosaic - includibility of materials and labor used in execution of works contract - exemption under Section 3-B(2)(c) of the TNGST Act, 1959. BR BR Held that - Appellate Authority and Tribunal are the final fact finding authorities and when the books of accounts were produced, the Appellate Authority has analysed the same and found that the dealers were having separate accounts for the materials that had been purchased and utilis....... + More
2018 (4) TMI 813 - ALLAHABAD HIGH COURT Intex Technologies (India) Ltd. Versus District Magistrate, Kanpur Nagar And Another Entertainment tax - whether the District Magistrate, Kanpur Nagar has justified in demanding sum of ₹ 13,19,223/- as an entertainment tax over whereas the entertainment tax had already paid by the petitioner to the tune of ₹ 87,94,847/- against the sale of Tickets for sum of ₹ 3,53,44,650/-? - Held that - There is no dispute that the petitioner has paid the service tax and further that out of the demand of ₹ 1,01,14,075/- ....... + More
2018 (4) TMI 751 - BOMBAY HIGH COURT Leighton India Contractors Pvt. Ltd. Versus The State of Maharashtra, The Commissioner of Sales Tax and Deputy Commissioner of Sales Tax Stay against recovery of tax during pendency of appeal - works contract - local sale or export sale - Maharashtra Value Added Tax Act, 2002 - whether the present transaction is covered by this exception carved out in section 8? - Held that - The tribunal holds that both parties in the present case are situate and registered in the State of Maharashtra. The goods have moved from the State of Maharashtra as per the contract executed between them. T....... + More
2018 (4) TMI 651 - MADRAS HIGH COURT The State of Tamil Nadu Versus Sanmar Speciality Chemicals Ltd. Assessment of tax - Section 3(4) of the Tamil Nadu General Sales Tax Act, 1959 - chemicals - proportionate value of purchases made against Form XVII - Bearings - Held that - identical issue decided in the case of Tube Investments of India Ltd. (Formerly known as M/s. TI Diamond Chain Ltd.) Versus The State of Tamil Nadu, represented by the Commercial Tax Officer 2010 (10) TMI 938 - MADRAS HIGH COURT , where it was held that Section 3(4) of the Ac....... + More
2018 (4) TMI 650 - MADRAS HIGH COURT The National Co. Operative Sugar Mills Ltd. Versus The State of Tamil Nadu Valuation - includibility in purchase turnover - transport subsidy paid for transport of sugarcane beyond 40 Kms (cane development charges) - Whether the transport subsidy is part of the purchase price liable to be taxed? - Held that - In Ponni Sugars (Erode) Limited Vs. Deputy Commercial Tax Officer 2005 (11) TMI 247 - SUPREME COURT OF INDIA , the issue as regards transport subsidy has been considered by the Hon ble Supreme Court and it was held....... + More
2018 (4) TMI 649 - MADRAS HIGH COURT The State of Tamil Nadu Versus P. Elayaperumal, T.V. Radha Traders, Pattukkottai, K.C. Karuppan, S.M. Traders, Pattukkottai, V. Periathambi, P.A. Palanivel, K.R. Thirupathy, R. Govindaswamy, G. Periathambi, M.S.V. Palaiappan, S. Rathinam Chettiar, S. Thirunadanam Chettiar, P.A. Palanivelu, S. Murugan, A. Dharmalingam, T.V. Subramanian, K. Rajarathinam, K.C. Kumaran, M. Dhanapal, A. Veerian Chettiar, R. Rajakannu, K.C. Karuppan, V. Periathambi, C. Arunachalam, K.R. Thirupathy, S.L. Muthuveeran Chettiar, T. Swaminathan Reopening of assessment - Section 16(1) of the Tamil Nadu General Sales Tax Act 1959 - purchases of groundnut - inter-state supply - case of revenue is that the dealers have not accounted for the purchases of Groundnut from Karnataka dealers, which were detected during the course of verification of extracts received from the Enforcement Wing Officers. BR BR Held that - The business connection with the Karnataka Commission agents are the dealer wi....... + More
2018 (4) TMI 648 - MADRAS HIGH COURT The State of Tamil Nadu Versus Aditya Enterprises Revision of assessment order - TNGST Act, 1959 - deletion of addition - penalty restricted from 150 to 50 - case of Revenue is that the Tribunal erred in allowing the appeal on the ground that incriminating records recovered from the residence of one of the partners pertain to the transactions in jewellery and it is not proved by the department that the partner himself did such business. BR BR Held that - there is no material irregularity or ille....... + More
2018 (4) TMI 647 - MADRAS HIGH COURT The Deputy Commissioner (Commercial Taxes) Versus Vishnulakshmi Mills (P) Ltd. Validity of assessment order - second sales - machinery - under-assessment of tax - Held that - Section 10 contemplates that for the purpose of assessment of tax under the Act, the burden of proof that any transaction or turnover of a dealer is not liable to tax shall lie on such dealer. When exemption of tax on second sales is claimed by the assessee, it is for the assessee to establish that the transactions were bona fide on two aspects, namely....... + More
2018 (4) TMI 586 - MADRAS HIGH COURT TJSV Steel Fabrication and Galvanising (India) Ltd. Formerly known as M/s. TJSV Petroleum Ltd. Versus The Assistant Commissioner (CT) Validity of assessment order - short payment of tax, treating the galvanizing as works contract - availment of Input Tax Credit on ineligible rules - non-payment of TDS, as per Section 13 of the Act on construction of the building - Held that - Since the facts are complicated and already the respondent appears to have a closed mind to the issue, presumably, because of a report of the Enforcement Wing Officials, in the best interest of the petitio....... + More
2018 (4) TMI 533 - MADRAS HIGH COURT M/s. Raj Vijay TVS Versus The Assistant Commissioner (CT) (FAC) And Others Reassessment - occurrence of mismatch - Held that - identical issue decided in the case of M/s. JKM Graphics Solutions Private Limited Versus The Commercial Tax Officer 2017 (3) TMI 536 - MADRAS HIGH COURT , where The Court has directed the Assessing Officer to evaluate a centralised mechanism exclusively to deal with the cases of mismatch and to do some exercise, before issuing a notice. BR BR The matter is remitted back to the Assessing Officer....... + More
2018 (4) TMI 462 - MADRAS HIGH COURT M/s. C.S.N. System Versus The Commercial Tax Officer Reassessment - occurrence of mismatch - Held that - identical issue decided in the case of M/s. JKM Graphics Solutions Private Limited Versus The Commercial Tax Officer 2017 (3) TMI 536 - MADRAS HIGH COURT , where The Court has directed the Assessing Officer to evaluate a centralised mechanism exclusively to deal with the cases of mismatch and to do some exercise, before issuing a notice. BR BR The matter is remitted back to the Assessing Officer....... + More
2018 (4) TMI 977 - SUPREME COURT OF INDIA Competition Commission of India Versus Thomas Cook (India) Ltd. & Anr. Penalty u/s 43A of the Competition Act, 2002 - noncompliance of provisions contained in section 6(2) of the Act - notification of various transactions. BR BR Held that - Once a particular transaction or a series of transactions falls within the purview of combination, it is obligatory to report the same to the Commission under section 6 of the Act - Section 6 (2) makes it clear that no combination shall come into effect until 210 days have elapse....... + More
2018 (4) TMI 917 - SUPREME COURT OF INDIA SCM Solifert Limited & Anr. Versus Competition Commission of India Penalty u/s 43A of Competition Act, 2002 - Failure to notify a proposed combination as required under section 6(2) of Competition Act, 2002 - notification of acquisition of shares - Held that - Section 42 of the Act deals with contravention of the orders of the Commission. Section 43A deals with the power to impose a penalty for nonfurnishing of information on combinations. Any person or enterprise who fails to give notice under section 6(2) of t....... + More
2018 (4) TMI 916 - SUPREME COURT OF INDIA Competition Commission of India Versus M/s Fast Way Transmission Pvt. Ltd. And ORS. Functions under the Competition Act, 2002 - whether there is an abuse of such dominant position under Section 4(2)(c) where the respondent could be stated to have indulged in a practice resulting in denial of market access in any manner? BR BR Held that - It can be seen that in the facts of the case, the broadcaster, namely respondent No. 5, had a broadcast agreement which was entered into for a period of one year from 1stAugust, 2010. This was s....... + More
2018 (4) TMI 915 - DELHI HIGH COURT Sukrita Bajaj & Anr. Versus Sundeep @ Sandeep Sehgal Recovery of outstanding dues which were admitted - cancellation of conditional bail - misappropraition of shares - The defendant s only plea is that due to cancellation of conditional bail, MOU dated 03.04.2013 executed between the parties became null and void and its terms and conditions cannot be enforced - Held that - When the defendant did not comply with the terms and conditions of the MOU executed before the court, the plaintiffs were withi....... + More
2018 (4) TMI 851 - SUPREME COURT OF INDIA M.P. Power Generation Co. Ltd. And Anr. Versus Ansaldo Energia Spa And Anr. Validity of Arbitral Award - award pertaining to Bank Guarantees and the amounts specified in Exhibit- GG of the Claim Petition - Refurbishment of Thermal Power Plant - termination of contract - violation of a fundamental condition of the Contract i.e. non-furnishing of a Letter of Comfort from the Power Finance Corporation as provided in Clause 5.6 of the Onshore Supply Contract - misrepresentation of the warranty contained in Clause 19.2 (vii) ....... + More
2018 (4) TMI 781 - SUPREME COURT OF INDIA IBI Consultancy India Private Limited Versus DSC Limited Appointment of an Arbitrator - Section 11(6) read with Section 11(9) of the Arbitration and Conciliation Act, 1996 - existence of arbitration clause in the contract - Held that - the letter dated 14.06.2010 is a part of the Contract and it shall be read and construed as an integral part of the Contract. Therefore, the contention of the respondent-Company that there does not exist any arbitration agreement between the parties is not sustainable in....... + More
2018 (4) TMI 780 - RAJASTHAN HIGH COURT Premier Texto Trade Pvt Ltd., Ashwani Dewan S/o Late Ved Prakash Dewan Versus Tax Recovery Officer, Rajasthan State Industrial Development & Investment Corporation Limited And Vice-Versa Recovery proceedings - lease rights were not transferred in favour of the petitioner - attachment of immovable property of a defaulter - sale aftr expiry of three years - Held that - Provisions show that under Section u/s 68B if the sale is not executed within a period of three years after the attachment, the same shall be deemed to have been vacated. Rule 48 mentions attachment of immovable property of a defaulter prohibiting the defaulter from ....... + More
2018 (4) TMI 717 - MADRAS HIGH COURT Sr. V.J. Dhanapal Versus Union Bank of India, Bangalore, Smt. S. Manjula And Mr. Shravan Kumar E-auction - main contention of the writ petitioner is that Rules 8 and 9 of the Security Interest (Enforcement) Rules 2002 are mandatory and that in no circumstances, the same can be ignored - Held that - Merely because the petitioner has committed default in payment and even taking it for granted that there was dilatory tactics, in repayment, and that the borrower has been litigating, by filing applications before the Tribunal, the same are not ....... + More
2018 (4) TMI 679 - SUPREME COURT OF INDIA Sucha Singh Sodhi (D) Thr. LRs. Versus Baldev Raj Walia & Anr. Suit for specific performance of the agreement - Respondent No.2 i.e. the alleged subsequent purchaser filed an application under Order 1 Rule 10 of the Code to become a party (defendant) in the suit - it was alleged that the suit in question (specific performance of agreement) is hit by the provisions of Order 2 Rule 2 of the Code because the relief of specific performance, which is claimed in the present suit could be and ought to have been cla....... + More
2018 (4) TMI 678 - SUPREME COURT OF INDIA M/s Oswal Woollen Mills Ltd. Versus M/s Oswal Agro Mills Ltd. Arbitration award - waiver of the right of de novo trial by conduct - the conduct of the appellant-Company amounts to waiver or not - Whether an Umpire has to hear the matter de novo on a Reference or from the stage of disagreement between the Arbitrators? BR BR Held that - the word de novo hearing should be given a purposive interpretation and it should be understood as a fresh hearing of the matter on the basis of pleadings, evidence and docume....... + More
2018 (4) TMI 677 - MADRAS HIGH COURT Sri Sivalaya Advances, Jegadish Auto Finance, Madura Auto Finance, Sri Sadasivam Combines Versus Tax Recovery Officer Lifting of Attachment of properties - Jurisdiction of Tax Recovery Officer - Held that - it is evident from the face of the record and it is again not in dispute that notice under Rule 2 of second schedule was served on the defaulter on 05.01.2013 and that the sale transactions executed by the said defaulter-assessee took place thereafter. Therefore, this Court is of the view that it would not be open to the purchasers to claim the benefit of the....... + More
2018 (4) TMI 620 - DELHI HIGH COURT M/s. Liugong India Pvt. Ltd. Versus State (Govt of NCT of Delhi) & Ors Application for revival/restoration of complaint - territorial Jurisdiction of Trial Court - Negotiable Instruments Act, 1881 - dishonor of cheques. BR BR Held that - Admittedly the cheques in question are issued by the accused drawn on the Bank of Baroda, Basant Lok, New Delhi and thus did not fall within the jurisdiction of the South East District, Saket on the date when the complaint was returned on 14.05.2015. BR BR In terms of the amendment ....... + More
2018 (4) TMI 546 - RAJASTHAN HIGH COURT Mohammed Yunus Son of Shri Mohd Hanif Versus The State of Rajasthan, Shri Shivraj Garg Son of Suresh Chandra Garg, C/o Bheru Lal Khatik Revision petition - Compounding of offence - offence under Section 138 of the Negotiable Instruments Act, 1881 - dishonor of certain cheques for insufficiency of funds - case of Revenue is that although offence under Section 138 of the Act is compoundable but after verdict of learned appellate Court, it may not be appropriate to grant indulgence to the petitioner - whether revisional powers can be exercised by this Court to compound the offence u....... + More
2018 (4) TMI 485 - BOMBAY HIGH COURT Hasmukh Tarachand Sheth & Ors. Versus State of Maharashtra & Anr. Validity of FIR - main contention of the Petitioners is that, this being a transaction which is purely civil in nature, the Respondent No.2 could not have lodged the FIR. In the FIR, there is no mention of any of the pending proceedings. BR BR Held that - the present FIR does not pertain to a purely civil transaction. The false representation and inducement is very clear from the email sent to the Respondent No.2 for placing the purchase order fo....... + More
2018 (4) TMI 423 - MADRAS HIGH COURT M/s. M.R.M. Ramaiya Enterprises Private Limited Versus The District Collector, Assistant Director of Geology and Mines, Revenue Divisional Officer, Tahsildar, Thoothukudi Taluk Office, Superintendent of Police, District Collector, Assistant Director of Geology and Mines, V.O. Chidambaranar Port Trust and Union of India Import of sand/river sand - licence, permit, transport slip, etc., under the Tamil Nadu Minor Mineral Concession Rules, 1959 - N/N. 97 (RE-2013)/2009-2014 - the petitioner failed to prove that the river sand imported by the petitioner does not contain any metal as prescribed under Chapter 26 and hence, the same has to be chemically analysed to ensure that it does not contain any hazards or heavy metals, etc., in public interest. BR BR Held that -....... + More
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