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  1. 2017 (10) TMI 782 - ITAT AMRITSAR

    Rajan Gupta Versus Dy. CIT, Circle-1, Jammu

    Addition u/s 50C - Held that - As perused the ingredients of Sec.55 of the Stamp (Amendment) Act, 2011 which clearly exempt the leasehold property from valuation under the stamp duty (Supra) and even otherwise the judgment passed by the Hon ble Mumbai High Court is guiding factor for coming to the right conclusion, therefore, we do not have any hesitation to hold that the plots under disputes were exempted from Stamp duty according to section 55 ....... + More


  2. 2017 (10) TMI 781 - ITAT MUMBAI

    DCIT – 10 (2) (2) , Mumbai Versus M/s. ME Infraprojects Pvt. Ltd.

    N.P. determination - Held that - In view of the order of the Coordinate Bench in assessee s own case for the Assessment Year 2008-09, wherein the net profit was estimated at 6 before depreciation, we are of the view that the estimation made by the Ld.CIT(A) 12.5 appears to be reasonable and the Learned Counsel for the assessee also submitted that the percentage adopted by the Ld.CIT(A) at 12.5 be sustained though the addition would result in less....... + More


  3. 2017 (10) TMI 780 - ALLAHABAD HIGH COURT

    M/s Shree Supari And Spices Pvt. Ltd. Versus The Commissioner of Income Tax And Another

    Undisclosed income - addition on the basis of statement recorded at the time of survey - suo moto surrender - Held that - From perusal of the record, it is clearly transpires that while filing an application dated 27.12.2008, the appellant has stated before the Assistant Director of Income Tax (Investigation) that he was forced to surrender the said amount at the time of survey, whereas there is no evidence or material furnished by the assessee t....... + More


  4. 2017 (10) TMI 779 - GUJARAT HIGH COURT

    Pr. Commissioner of Income Tax- Vadodara -2 Versus Nila Baurat Engineering Ltd.

    Qualification for deduction under Section 80IA - infrastructure facility transferred to another enterprise for the purpose of operating and maintaining such facility - whether once the assessee had transferred the infrastructure facility for maintenance and operation, the assessee could not claim any deduction under sub-section (4)? - Held that - By virtue of the operation of the proviso, the developer would not be deprived of the benefit of dedu....... + More


  5. 2017 (10) TMI 778 - CALCUTTA HIGH COURT

    C.I.T., Kolkata-II, Kolkata Versus M/s. Arco Impex Ltd.

    Disallowance of claim for deduction in respect of non-performing assets from its income for the assessment year 2005-06 - main reason for disallowance made by AO was that the assessee s application for registration as an NBFC was rejected by the RBI - Held that - This question stands answered against the assessee by the Hon ble Supreme Court in the case of Southern Technologies Limited Vs. Joint Commissioner of Income Tax reported in (2010 (1) TM....... + More


  6. 2017 (10) TMI 777 - ITAT MUMBAI

    Mr. Sanjeev Sinha Versus ITO 21 (3) (2) , Mumbai

    Disallowance of transfer fees and brokerage expenses while computing long term capital gains on sale of said residential flat - Held that - The explanation offered by the assessee that he was not informed by his AR about requirement of furnishing these documents before the AO and hence he did not furnish said evidences at the assessment stage is an plausible explanation which cannot be rejected at threshold to be not a reasonable or bonafide reas....... + More


  7. 2017 (10) TMI 776 - ITAT MUMBAI

    ITO 19 (2) (2) , Mumbai Versus Late Mrs. Kamlaben V. Parekh By Executor Mr. Ashok Vadilal Parekh

    Addition on account of cash deposited in the bank - assessee has not explained the source of the information, banks do not open & accept huge deposits without proper check on the identity of the person - CIT-A allowed the claim - Held that - The saving account neither belong to assessee nor opened by the assessee. The CIT(A) has categorically recorded a finding to the effect that the cash so deposited belonging to M/s. Gem Corporation and dur....... + More


  8. 2017 (10) TMI 775 - ITAT MUMBAI

    Shri Ataul Usmangani Memon Versus ITO – 29 (1) (5) , Mumbai

    Disallowance of commission paid by assessee in the course of the business of trading in chemical gases used in the Pharma and Industrial sectors - allowable business expenditure - Held that - As during the year ended 31st March, 2010, relevant to A.Y. 2010-11, one Mr. Ketan Panchal introduced M/s. DNA Entertainment Pvt. Ltd. for sale of various gas cylinders and accordingly, the assessee had sold gas cylinders aggregating to ₹ 2,68,606/-. A....... + More


  9. 2017 (10) TMI 774 - ITAT AHMEDABAD

    M/s. American Steel Pvt. Ltd. Versus DCIT Circle-1 (1) , Baroda

    Penalty u/s.271(1)(c) - bogus purchase - Held that - In the instant case, the revenue has established beyond any reasonable doubt that the assessee was indulged in booking bogus bill of an unworthy supplier to inflate the expenses. The tell-tale evidence in the form of statement of the supplier and confirmation thereof in the cross-examination by assessee coupled with lack of proof towards delivery of purchase and clouded or suspicious banking tr....... + More


  10. 2017 (10) TMI 773 - ITAT MUMBAI

    Sidheshwar Gurpadappa Jamma Versus ACIT-3, Wagle Estate, Thane

    Bogus purchase - disallowance at the rate of 25 of the hawala purchase - Held that - Admittedly, in such type of cases, there is no option but to estimate the profit which depends upon the subjective approach of an individual and the material facts available on record. In the present appeal, the assessee is in the business of civil engineering, engaged in major repairs, maintenance, structural strengthening, water proofing and civil work of resid....... + More


  11. 2017 (10) TMI 772 - ITAT MUMBAI

    M/s CJEX Biochem Pvt. Ltd. Versus Pr. Commissioner of Income Tax-9, Mumbai

    Revision u/s 263 - unexplained bogus purchases - inadequate or no enquiry - Held that - Assessing Officer has not gone into the aspects, as has been observed in the impugned order and the information received from the investigation wing was not properly investigated. It is also noted that the Ld. Assessing Officer did not make any enquiry with respect to remaining four parties from where the assessee claim to have made bogus purchases amounting t....... + More


  12. 2017 (10) TMI 771 - ITAT MUMBAI

    ACIT, Circle-1, Mumbai Versus M/s Alkey Synthetics Pvt. Ltd.

    Bogus purchase - disallowance at the rate of 25 of the hawala purchase - Held that - In the present appeal, the assessee, before AO as well as before the CIT (Appeal) duly furnished the ledger account, Bank statement of suppliers, item-wise quantitative details. While adjudicating the case of the assessee, the Ld. Commissioner of Income Tax (Appeal) has already analyze the details/factual matrix as is evident from para 8.11 onwards of the impugne....... + More


  13. 2017 (10) TMI 770 - ITAT MUMBAI

    M/s. Avon Lifestyle Product Pvt. Ltd. Versus DCIT-9 (1) (2) , Mumbai

    Estimated additional profit margin at the rate of 12.5 on the alleged tainted purchases - whether the additional estimation 12.5 (over and above already declared GP) may be substantially reduced? - Held that - In the present appeals, the assessee is dealing in soft luggage/bags and has already declared the GP 15.82 . Admittedly, there can be no sale without purchases and as canvassed by the Ld. counsel for the assessee even it is admitted that th....... + More


  14. 2017 (10) TMI 769 - ITAT MUMBAI

    Asstt. Commissioner of Income Tax Circle–15 (3) , Addl. Commissioner of Income Tax Circle–15 (3) , Mumbai Versus M/s. Premleela Developers

    Disallowance of interest expenditure u/s 36(1)(iii) - Held that - Undisputedly, the Assessing Officer has disallowed part of interest cost amounting to ₹ 14,53,423, on the reasoning that assessee has advanced interest free loans to various parties from borrowed funds. However, from the assessment stage itself, the assessee has pleaded that sufficient interest free fund was available with the assessee to advance interest free loans. In fact,....... + More


  15. 2017 (10) TMI 768 - ITAT DELHI

    New Okhla Industrial Development Authority Versus ACIT, Circle- (1) , Noida

    Penalty u/s 271C - TDS has been deducted by assessee under 194J instead of section 194C - short deduction of tds - reasonable cause - Held that - In our considered view, levy of penalty under section 271C for failure to deduct tax at source is not automatic. BR BR In order to bring in application of section 271C in backdrop of overriding non obstante clause in section 273B, absence of reasonable cause, existence of which has to be established is ....... + More


  16. 2017 (10) TMI 732 - SUPREME COURT

    PR. COMMISSIONER OF INCOME TAX Versus M/s IDMC LIMITED

    Additional depreciation claim 20 under Section 32 1 (iia) - machinery purchased before 31st March 2005, but installed after 31st March 2005 ? - Held that - SLP dismissed. HC order confirmed 2017 (2) TMI 644 - GUJARAT HIGH COURT saying that the provision of section 32(1)(iia) of the IT Act is required to be interpreted reasonably and purposively as the strict and literal reading of section 32(1)(iia) of the IT Act will lead to an absurd result den....... + More


  17. 2017 (10) TMI 731 - ALLAHABAD HIGH COURT

    Commissioner of Income Tax-II, Kanpur Versus M/s Ramshree Steels Pvt. Ltd

    Non-speculative business loss of current year and carry forward non-speculative business loss of earlier years - whether can be set off from the income of speculative business of the current years? - ITAT held that non-speculative business loss of current year and carry forward non-speculative business loss of earlier years can be set off from the income of speculative business of the current years - Held that - There was differentiation in appro....... + More


  18. 2017 (10) TMI 730 - GUJARAT HIGH COURT

    PRIN. COMMISSIONER OF INCOME TAX Versus PURNIMA SUNIL AGRAWAL

    Disallowance on the bogus purchases - NP determination - Held that - Facts on record would show that certain purchase of the assessee would found to be bogus, upon which, the Assessing Officer made addition on the entire amount. Commissioner of Income Tax (Appeals) restricted the addition by adopting the net profit rate of 2 on the basis that in similar trade in the region, the profit rate worked out is 0.5 to 0.75 . The assessee has disclosed pr....... + More


  19. 2017 (10) TMI 729 - GUJARAT HIGH COURT

    PR. COMMISSIONER OF INCOME TAX, SURAT-I Versus TEJUA ROHITKUMAR KAPADIA

    Bogus purchase - Held that - The appellate authority as well as the Tribunal came to concurrent conclusion that the purchases already made by the assessee from RajImpex were duly supported by bills and payments were made by Account Payee cheque. Raj Impacts also confirmed the transactions. There was no evidence to show that the amount was recycled back to the assessee. Particularly, when it was found that the assessee the trader had also shown sa....... + More


  20. 2017 (10) TMI 728 - GUJARAT HIGH COURT

    PR. COMMISSIONER OF INCOME TAX-3 AHMEDABAD Versus RAMESH RAMNIKLAL SHETH

    Maintainability of appeal - addition on account of unexplained cash - Revenue relies on the fact that these Tax Appeals arising out of a common judgment of the Tribunal concerning the same assessee for different assessment years and in one such case the tax amount is higher than the minimum limit - Held that - As perusing the circular dated 10.12.2015 of CBDT it provides Assessing Officer shall calculate the tax effect separately for every assess....... + More


  21. 2017 (10) TMI 727 - ITAT KOLKATA

    Sreema Mahila Samity Versus Deputy Commissioner of Income-tax, Circle-Nadia

    Exemption u/s 12AA denied - Income from micro finance and provision for doubtful debts - Held that - Prior to adding proviso to section 2(15), the entities which got registration u/s. 12AA engaged in commercial activity claimed exemption on the ground that such activities were for advancement of objects of general public utility in terms of 4th limb of definition to section 2(15) of the Act. We find that the said benefit was taken away by adding ....... + More


  22. 2017 (10) TMI 726 - ITAT BANGALORE

    The Income-tax Officer, TDS Ward-2 (1) , Bangalore Versus M/s Karnataka Legislature Secretariat Employees Housing Co-operative Society Ltd.

    TDS u/s 194C - Liability to deduct tax at source on payments made to the developers - Held that - As observed by the AO, the agreement/MOU s entered into by the assessee society with the other developers/contractors also contain clauses similar to the above. On appeal, the ld CIT(A) on perusal of the aforesaid clauses of the agreements has arrived at the conclusion that the payments for the purchase of the sites was calculated on sq. ft. area of ....... + More


  23. 2017 (10) TMI 725 - ITAT JAIPUR

    Assistant Commissioner of Income Tax, Circle-1, Kota Versus M/s Naresh Kumar Manoj Kumar

    Addition u/s 14A read with Rule 8D - Held that - Where no exempt income has been earned by the appellant to warrant disallowance as per the provisions laid down u/s 14A rwr 8D, the addition accordingly directed to be deleted. - Decided in favour of assessee........ + More


  24. 2017 (10) TMI 724 - ITAT AMRITSAR

    Sh. Saket Mehra Versus Income Tax Officer, Ward- 5 (4) Amritsar

    Deemed dividend addition u/s 2(22)(e) - proof of business transaction - Held that - Assessing Officer had accepted the transaction of ₹ 1,20,00,000/- in the hands of B. B. Overseas Pvt. Ltd. as business transaction and therefore not accepting the same transaction in the hands of second party which is assessee is not correct. Therefore we hold that the said transaction of ₹ 1,20,00,000/- was a business transaction and for a business tr....... + More


  25. 2017 (10) TMI 723 - ITAT JAIPUR

    Dinesh Kumar Vijay Versus The ITO, Ward 5 (2) , Jaipur

    Penalty u/s 271(1)(c) - AO did not strike off the inappropriate portion of the notice - Held that - The initiation of penalty proceedings has happened by recording of satisfaction in the assessment order and the issuance of notice u/s 274 is thus in continuation of recording of such satisfaction and has thus to be read along with the assessment order and not disjoint of the assessment order. It is not a case where the penalty has been initiated f....... + More


  1. 2017 (10) TMI 784 - ALLAHABAD HIGH COURT

    M/s Metro Institutes of Medical Sciences Pvt. Ltd. Versus State of U.P. & 5 Others

    Issuance of Password corresponding to the new provisional ID issued to the petitioner - case of petitioner is that Since the password has not been issued to the petitioner the petitioner is unable to complete the process of migration so as provided under Section 139 of GST Act read with Rule 24(1) of the CGST Rules, 2017 - Held that - On inquiry made by the petitioner the petitioner has been informed on the GST Portal that the petitioner will not....... + More


  2. 2017 (10) TMI 783 - MADRAS HIGH COURT

    Coimbatore Corporation Contractors Welfare Association Versus State of Tamil Nadu, The Commissioner of Municipal Administration, The Commissioner, Coimbatore Corporation, The Chief Accounts Officer, Coimbatore Corporation, The Cheif Engineer, Coimbatore Corporation, The Commissioner, GST Policy Section, The Commissioner of Commercial Taxes

    Works contract - levy of VAT or GST - case of petitioner is that the contract works for which the agreements were executed prior to 01.07.2017, GST cannot be imposed and 2 VAT alone is applicable - Held that - there will be a direction to the Commissioner of Commercial Taxes to consider the representation given by the petitioner/ association and pass orders on merits and in accordance with law, within a period of four weeks from the date of recei....... + More


  3. 2017 (10) TMI 693 - DELHI HIGH COURT

    Jindal Dyechem Industries (P) Ltd. Versus Union of India & Others

    Relief package for exporters - import of Gold bars - Advance Authorisation Scheme - Held that - in view of the press release dated 6th October 2017, which prima facie makes no distinction as regards the Advance Authorisations (AA) issued prior to or after 1st July 2017, the Petitioner will not hereafter be required to pay IGST in respect of the imports of gold bars made by it Petitioner in terms of the AAs issued to it - interim relief is granted....... + More


  4. 2017 (10) TMI 602 - DELHI HIGH COURT

    Hughes & Hughes Chem. Ltd. Versus Union of India & Another

    Imposition of 12 GST on sanitary napkins - Although the Petitioner has served the GST Council dasti, there is no appearance on its behalf today - the Court is constrained to direct the Secretary of the GST Council to remain present in Court on the next date of hearing........ + More


  5. 2017 (10) TMI 601 - DELHI HIGH COURT

    Hughes & Hughes Chem. Ltd. Versus Union of India & Another

    Imposition of 12 GST on sanitary napkins - Service of notice - Mr. Vikram Jetly, the learned CGSC accepts notice for Respondent No.1 - Notice be issued to Respondent No.2 by all modes returnable on 9th October 2017....... + More


  6. 2017 (10) TMI 255 - SUPREME COURT OF INDIA

    Samaj Parivartana Samudaya & Ors. Versus State of Karnataka & Ors.

    Input tax credit under the Central Goods and Services Tax Act, 2017 - e-auction - whether lessee can claim input tax credit? - Held that - the G.S.T. payable on the sale value of the mineral purchased in the e-auction shall be paid by the buyer directly to the lessee and the lessee would be responsible for all compliances as may be required under Act - the Monitoring Committee directed to prepare appropriate proforma and also take steps for carry....... + More


  7. 2017 (10) TMI 254 - RAJASTHAN HIGH COURT

    Rajasthan Tax Consultants Association Versus Union Of India And Ors

    Composition Scheme - it appears that the system is not working upto the level and the same is required to be corrected & updated to meet requirements - Held that - problem occuring in system must be immediately reported - no coercive action (penal interest, late fees and prosecution) against any of the client of the petitioners members who are referred in the petition and are informing by email, will be protected. The composition Scheme is ex....... + More


  8. 2017 (10) TMI 253 - DELHI HIGH COURT

    A & M Design & Print Production Versus Union of India & ORS.

    Utilisation of CGST credit and SGST credit for payment of integrated tax in terms of Section 49 (5) of the Central Goods and Services Tax Act, 2017 - Held that - A reference is made to Rule 86 (2) of the CGST Rules which states that the electronic credit ledger shall be debited to the extent of discharge of any liability in accordance with the provisions of Section 49. It is also pointed out that under Section 146 of the CGST Act, the mandate of ....... + More


  9. 2017 (10) TMI 252 - ALLAHABAD HIGH COURT

    Sachdeva Overseas Versus State of U.P.

    Migration or implementation of the GST - On the enforcement of the GST, Petitioner got itself migrated for the purpose of GST as partnership firm but instead of issuing registration as a partnership firm, it has been shown to have been registered as a sole proprietorship - Held that - Department may take necessary steps and rectify the mistake within ten days - the Department is free to allot a new ID and password to the petitioner as a partnersh....... + More


  10. 2017 (10) TMI 251 - DELHI HIGH COURT

    Hind Energy And Coal Benefication (India) Ltd. Versus Union of India & ANR.

    Challenge to the validity of the Goods and Services Tax (Compensation to States) Act, 2017 - Clean Energy Cess - claim of petitioner is that they have already paid the cess - Held that - To facilitate the implementation of this interim order, it is necessary for the officers of the concerned Department, charged with the responsibility of levying and collecting Clean Energy Cess on coal to depute a team to the Petitioner s business premises to ver....... + More


  11. 2017 (10) TMI 250 - DELHI HIGH COURT

    Mohit minerals Pvt. Ltd. Versus Union of India & ANR

    Refund of amount of compensation cess paid under the impugned legislation - Appropriate directions are accordingly sought by the Petitioner in this application, to the Respondents to amend the Form Tran-I and simultaneously GSTR -3B and GSTR-1, GSTR-2 and GSTR-3 where utility of Cess is to be shown and/ or carried forward as cess or any other appropriate directions to the Respondents so that the Applicant/Petitioner could use the credit of cess a....... + More


  12. 2017 (10) TMI 249 - DELHI HIGH COURT

    Zarmina Israr Khan Versus Union of India AND ANR

    GST rate for Sanitary Napkins - The petitioner enclosing the statistics regarding availability of sanitary napkins to women is a dire need, the matter books no delay and deserves to be heard - Issue notice to show cause as to why rule nisi be not issued........ + More


  13. 2017 (9) TMI 1357 - DELHI HIGH COURT

    Sanjeev Sharma Versus Union of India & Others

    Alternative system of filing the applications - the web portal for uploading an application seeking an advance ruling is not going to be ready till 15th January 2018. As an alternative, the GSTN has decided to accept all such applications, including applications from unregistered persons , manually with the facility to deposit the prescribed fees through the GST Portal - Held that - it is not clear under what authority of law, the GSTN has decide....... + More


  14. 2017 (9) TMI 1301 - KARNATAKA HIGH COURT

    M/s. M.J.S. ENTERPRISES, M/s H.B. ENTERPRISES, M/s ROYAL AUTOMOBILES, M/s M.G. AUTOMOBILES, M/s S.A. AUTOMOBILES, M/s T.S. ENTERPRISES, M/s INDUS STEEL TRADERS, M/s M.M. ENTERPRISES, M/s A.M.K. ENTERPRISES, M/s A.J. ENTERPRISES, M/s FARHAN STEEL Versus THE CONTROLLER OF STORES & PURCHASE, THE MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORT CORPORATION, THE STATE OF KARNATAKA, THE COMMISSIONER OF COMMERCIAL TAXES

    Rate of GST on old and scrap buses - Validity of Tender notice for Auction - classification of old and scrap Buses - Whether buses would attract GST 28 as normal buses or at the rate of 18 under Schedule-III Heading No.7204 Ferrous waste and scrap; remelting scrap ingots of iron or steel or under Residuary Entry No.453 of the same Schedule-III, in which, Goods which are not specified in Schedule I, II, IV, V or VI of the KGST Act? - Held that - a....... + More


  15. 2017 (9) TMI 1165 - DELHI HIGH COURT

    J.K. Mittal & Company, Legalance IP Corp LLP Versus Union of India & Others

    GST on legal services - Issuance of two fresh Notifications by Central Government by way of corrigendum - N/N. 8 and 13/2017 Central Tax (Rate) dated 28th June, 2017 - legal services being taxable on reverse charge basis - the Govt. of NCT of Delhi has also to issue a notification on the same lines by way of corrigendum to N/N. 13/2017-State Tax (Rate) dated 30th June, 2017 - Held that - The issue concerning exemption of lawyers from registration....... + More


  1. 2017 (10) TMI 755 - CESTAT MUMBAI

    Robinsons Versus Commissioner of Service Tax, Mumbai

    Classification of services - Port services - activity of transportation of cargo within the port area of Mumbai Port Trust - extended period of limitation - Held that - It is settled law that there are divergent views on the issue and dispute is resolved by the Larger Bench, no malafide or suppression of facts can be alleged on the assesee. Even on the identical issue the Tribunal has held that it was a case of bonafide doubt for which extended p....... + More


  2. 2017 (10) TMI 754 - BOMBAY HIGH COURT

    The Principal Commissioner of Mumbai Versus M/s. Q-India Investment Advisory Pvt. Ltd.

    Refund claim - Rule 5 of CCR - rejection on the ground that services by the respondent was provided in India therefore it cannot be treated as export of service in terms of Export of Services Rules, 2005 - Held that - The law laid down by the Division Bench of this Court in the case of Commissioner vs. SGS India Private Limited 2014 (5) TMI 105 - BOMBAY HIGH COURT will squarely apply to the facts of the case, where it was held that if services we....... + More


  3. 2017 (10) TMI 753 - CESTAT BANGALORE

    Commissioner of Central Excise & Service Tax, LTU Versus Yuken India Ltd. And Vice-Versa

    CENVAT credit - ISD - appellant-assessees Whitefield unit took cenvat credit of various locations without distribution of such credit by becoming an ISD - Held that - the entire issue can be decided on the basis of revenue-neutral point itself. It is undisputed that the Head Office of the appellant had availed cenvat credit of the service tax paid on various services rendered at different units of the appellant, as also at the Head Office. It is ....... + More


  4. 2017 (10) TMI 752 - CESTAT CHENNAI

    M/s. Cash Edge Pvt. Ltd. Versus Commissioner of Service Tax, Chennai-III

    Refund claim - time limitation - Rule 5 of CCR, 2004 - rejection of refund on the ground that the claim have been filed beyond the period of one year from the date of issuance of the export invoice - Held that - the issue is no more res integra and stand settled by Larger Bench decision of the Tribunal in the case of Commissioner of Service Tax, Goa Vs Ratio Pharma India Pvt Ltd. Vs 2015 (4) TMI 462 - CESTAT MUMBAI , where it was held that the re....... + More


  5. 2017 (10) TMI 751 - CESTAT CHENNAI

    Commissioner of Central Excise, Salem Versus M/s. Thriveni Earthmovers Pvt Ltd, Salem

    Classification of services - Cargo Handling services - respondent is engaged in Drilling, Blasting and Transporting of yellow Bound-quarrying works - Held that - The issue whether loading / unloading of limestone and rejects in mining area would fall under Cargo handling services is covered by the judgement in the appellant s own case Commissioner Vs Thriveni Earthmovers 2017 (1) TMI 717 - SUPREME COURT , where it was held that one year time is t....... + More


  6. 2017 (10) TMI 750 - CESTAT CHENNAI

    M/s. J.P.P. Mills Private Ltd Versus Commissioner of Central Excise (Appeals) , Salem

    Business Auxiliary Service - commission paid to foreign agents - reverse charge mechanism - Held that - The period involved is 9.7.2004 to 31.12.2006. The provision for payment of service tax under reverse charge mechanism was brought into the Finance Act by introducing Section 66A with effect from 18.4.2006 - The decision in the case of Indian National Ship Owners Association Vs UOI 2008 (12) TMI 41 - BOMBAY HIGH COURT wherein it was held that t....... + More


  7. 2017 (10) TMI 749 - CESTAT CHENNAI

    Madurai Acme Enterprises Pvt. Ltd Versus Commissioner of Central Excise, Madurai

    Classification of services - Management, Maintenance and Repair Services - Works contract service - period involved is prior to 1.6.2007 - Held that - The period is 16.6.2005 to 31.10.2006 - the property in the goods always vests with the customer who gives the rollers for re-rubberisation and therefore the activity is Works Contract Service - appellant is covered by the judgement of Hon ble Apex Court rendered in the case of Larsen & Toubro ....... + More


  8. 2017 (10) TMI 748 - CESTAT MUMBAI

    Kolhapur Auto Works Versus Commissioner of Central Excise, Kolhapur

    Valuation - includibility - charges for asset usage - Held that - It is not the case of Revenue that the equipment usage referred to in the impugned agreement is one that subsequently would have been taxable as supply of tangible goods - it is clear from the decision of this Tribunal in Sujala Pipes Pvt Ltd v. Commissioner of Customs, Central Excise & Service Tax, Guntur 2014 (7) TMI 932 - CESTAT BANGALORE that discharge of VAT liability is s....... + More


  9. 2017 (10) TMI 710 - CESTAT MUMBAI

    M/s. National Institute of Construction Management & Research, M/s. MIT Institute of Design Versus Commissioner of Service Tax, Mumbai-II, Commissioner of Central Excise & Service Tax

    Classification of services - Commercial Coaching or Training services - scope of term commercial - whether Educational Institution other than colleges/institutes not recognised under the law would otherwise be within the ambit of the taxable service of Commercial Training or Coaching Service? - Section 65 (27) of the Finance Act, 1994. BR BR Held that - the commercial training or coaching for imparting skill or knowledge or lessons on any subject....... + More


  10. 2017 (10) TMI 709 - CESTAT BANGALORE

    Dream Logistics Company (India) Pvt Ltd Versus Commissioner of Central Excise and Service Tax

    Refund claim - port services - rejection on the ground that the invoices issued by the Port and Inland Water Transport department, is in the name of CHA and not in the name of the appellant - Held that - there is no dispute about the payment of service tax on port services and their receipt used by the exporter for export of iron ore fines - the appellant has produced on records, the debit notes issued by the CHA to the appellant and its co-relat....... + More


  11. 2017 (10) TMI 708 - CESTAT NEW DELHI

    Federation of Indian Export Organisation (FIEO) Versus CST, New Delhi

    Club or Association Service - consideration received from members - Section 65(25a) read with sub-clause (zzze) of Clause (105) of Section 65 of Finance Act, 1994 - Held that - the Tribunal in the case of Federation of Indian Chambers of Commerce and Industry 2014 (5) TMI 183 CESTAT New Delhi examined almost similar set of facts and concluded that the appellants are engaged in activities having objectives which amounts to public service and are o....... + More


  12. 2017 (10) TMI 707 - CESTAT CHENNAI

    M/s. Venus Engineers Versus Commissioner of Service Tax, Chennai-I

    Voluntary Compliance Encouragement Scheme - rejection of declaration on the ground that in terms of proviso to section 106 (1) of the Finance Act, 2013, where a notice or an order of determination has been issued to a person in respect of any period on any issue, no declaration shall be made of his tax dues on the same issue for any subsequent period - Held that - pendency of liability for the past period cannot act as a bar for seeking the advan....... + More


  13. 2017 (10) TMI 706 - CESTAT CHENNAI

    M/s. Creasakthi SCM Ltd Versus Commissioner of Service Tax, Chennai-III

    Penalty u/s 77 and 78 - It was alleged that neither any return was filed during the period in question nor any service tax was deposited, no intimation was given to the Revenue as regards the assessee s liability and obligation to pay the said amount to service tax - Held that - there is no dispute on the facts that the assessee is under a legal obligation to file the requisite returns provided under the statute and to discharge its service tax l....... + More


  14. 2017 (10) TMI 705 - CESTAT CHENNAI

    M/s. Bharat Heavy Electricals Ltd. Versus Commissioner of Central Excise, Trichy

    Penalty u/s 76 and 78 - TDS - non-payment of service tax on three installments of TDS - appellant claims that the omission to pay service tax was only because the appellant was not aware of the non-payment of service tax on the TDS amount - Held that - there was much confusion as to whether the service recipient who is bound to pay the service tax is liable to pay service tax on the TDS portion - Further, since the appellants have discharged the ....... + More


  15. 2017 (10) TMI 704 - CESTAT CHENNAI

    M. Kanakaraju (M/s. Ranjit Catering Services) Versus Commissioner of Central Excise, Salem

    Simultaneous Penalty u/s 76 and 78 - outdoor catering service - bonafide belief - Held that - In various judgments, it has been held that the penalties under both section 76 as well as section 78 cannot be imposed simultaneously and the same was brought into effect by amendment to the sections with effect from 10.5.2008 - In the present case, the demand is made for the period from 6.10.2005 onwards where the services came to be taxable. The appel....... + More


  1. 2017 (10) TMI 747 - MADRAS HIGH COURT

    M/s. Tata International Limited Versus Customs Central Excise Settlement Commission, The Commissioner of Central Excise

    Validity of Application made to Settlement commission - return not filed - Held that - - the petitioner does not have a vested right to compel the first respondent Settlement Commission, to take on file the case for settlement without fulfilling the conditions prescribed under Section 32 E of the act. Record of the proceedings show that no return was filed and in such circumstances, an application for settlement cannot be made in view of the stat....... + More


  2. 2017 (10) TMI 746 - CESTAT BANGALORE

    M/s. TVS Motor Company Ltd. Versus CCE, Bangalore

    Demand of interest - interpretation of statute - Rule 173G(1)(d) - Held that - during the relevant period of time, there was no provision in the Central Excise Act to charge interest where duty has been paid before issuance of show-cause notice - in the present case duty has not been determined either under Section 11AA or 11AB of the Central Excise Act, 1944. BR BR Section 11AB was amended from 11/05/2011 whereby it has been provided that intere....... + More


  3. 2017 (10) TMI 745 - CESTAT KOLKATA

    Commissioner of Central Excise, Customs & Service Tax, Rourkela Versus M/s. Vishal Metallics Pvt. Ltd.

    CENVAT credit - various iron and steel items used in the fabrication of Storage Tanks, classified under chapter 73 - Held that - the Hon ble Gujarat High Court in the case of Mundra Ports & Special Economic Zone Ltd. v. C.C.E. & Cus. 2015 (5) TMI 663 - GUJARAT HIGH COURT held that the definition of capital goods under Rule 2(k) of Cenvat Credit Rules as amended on 07.07.2009 would be applicable only prospectively - Revenue had not dispute....... + More


  4. 2017 (10) TMI 744 - CESTAT BANGALORE

    M/s. Lakshmi Engineering Works, Shri M. Balakrishnan Versus CCE, Palakkad

    SSI Exemption - use of Brand name - case of Revenue is that the appellants are removing their products using the brand name LAKSHMI owned by another unit - Held that - the same Commissioner(Appeals) in the appellant s own case for the subsequent period i.e. September 2005 to July 2006 involving an identical issue has decided in favor of the appellant by holding that the appellants have not used the brand name of Sri Lakshmi Industries, Coimbatore....... + More


  5. 2017 (10) TMI 743 - CESTAT BANGALORE

    Calicut Rubber Company Versus CCE & C, Calicut

    Clandestine removal - Trade Rubber - duty demanded mainly based on consumption of Sulphur and holding that 435.050 MT of tread rubber was produced during the period from August 1980 to August, 1985 - the appellant is having grievance that why the Department has taken the quantity of tread rubber produced by them based on only one input i.e. Sulphur, whereas the Department had the figures of other inputs with them - Held that - when the Department....... + More


  6. 2017 (10) TMI 742 - CESTAT BANGALORE

    Commissioner of Central Excise and Service Tax Versus Hindustan Colas Ltd

    CENVAT credit - intermediate product - Modifier - the credits taken and utilised by the assessee on the item Modifier for further manufacture of Modified Bitumen for the period from January 2005 to December 2006 appeared irregular - Held that - the respondent has manufactured the modifier by mixing together crumbed rubber, Gilsonite and Sulphur and this modifier is used in the manufacture of CRMB - the respondent has also raised an invoice on HPC....... + More


  7. 2017 (10) TMI 741 - CESTAT CHENNAI

    M/s. Mak Controls and Systems (P) Ltd. Versus Commissioner of Central Excise, Coimbatore

    Classification of goods - Control Panels - period involved is November, 2006 to August, 2007 - Held that - the Tribunal in their own case has held that Ground Power Unit is classifiable under 8803 in terms of Note 3 of Section XVII, in the appellant s own cases, 1998 (6) TMI 563 - CESTAT CHENNAI , the demand is unsustainable - appeal allowed - decided in favor of appellant........ + More


  8. 2017 (10) TMI 740 - CESTAT CHENNAI

    M/s. Godrej & Boyce Mfg. Co. Ltd Versus Commissioner of Central Excise, II

    CENVAT credit - input services - Air Ticketing charges - Hire charges for the cabs - Export Agency Charges against fees/commission for exports - Installation charges - Outward Transportation of goods - Held that - The Tribunal in the same assessee s case 2016 (9) TMI 538 - CESTAT CHENNAI has dealt with the issue of Cenvat credit of service tax paid on Commissioning and Installation Services, Air Travel Services and Rent-a-Cab Services which has b....... + More


  9. 2017 (10) TMI 739 - CESTAT BANGALORE

    M/s. India Telephone Industries Ltd. Versus Commissioner of Central Excise and Service Tax, Calicut

    CENVAT credit - irregular availment - Rule 4(7) of the CCR, 2004 - Held that - the appellants have taken the ineligible CENVAT credit in violation of the provisions of Rule 4(7), in respect of the input service for which they have not made payment within three months from the date of receipt of invoices - this aspect of availment of CENVAT credit was detected during the audit conducted by the Revenue and thereafter the appellant reversed the enti....... + More


  10. 2017 (10) TMI 738 - CESTAT CHENNAI

    M/s. Bannari Amman Sugars Versus Commissioner of Central Excise, Puducherry

    CENVAT credit - input services - Construction of Canteen, Storing Shed and Rest Shed within the factory premises - Held that - law was amended with effect from 01.04.2011 and prior to the said date the Construction Services have been held to be as cenvatable input service by catena of decisions of the Tribunal and admittedly, the credit was available prior to 04.04.2011 - Construction of Canteen, Storing Shed and Rest Shed are part of the factory....... + More


  11. 2017 (10) TMI 737 - CESTAT CHENNAI

    M/s. Tube Investments of India Ltd. Versus Commissioner of Central Excise, Ltu, Chennai

    Demand of interest - relevant date for calculation of interest - interpretation of statute - Rule 7 (4) of the Central Excise Rules, 2002 - Held that - the issue is no more res integra and stands settled by earlier decision of the Tribunal in the same assessee s case 2016 (3) TMI 133 - CESTAT CHENNAI , where it was held that the interest liability would accrue only after the finalization of the provisional assessments - appeal allowed - decided i....... + More


  12. 2017 (10) TMI 736 - CESTAT BANGALORE

    Surfa Coats Ltd Versus Commissioner of Central Excise, Service Tax And Customs

    Suo moto credit taken - amount paid twice - invocation of Section 11B of the Central Excise Act, 1944 - Held that - the debits made by the appellant in the CENVAT Credit account and subsequently through PLA is nothing but double payment of tax on the same clearances - similar issue came up before the Tribunal in the case of Sopariwala Exports Pvt. Ltd. 2013 (5) TMI 430 - CESTAT AHMEDABAD , wherein it was held that the amount paid by mistake canno....... + More


  13. 2017 (10) TMI 735 - CESTAT BANGALORE

    Vanya Steels Pvt Ltd Versus Commissioner of Central Excise, Customs and Service Tax

    Clandestine removal - Shortage of Finished Goods - 317.625 MTs of sponge iron - whether there was a clandestine removal of 317.625 MTs of sponge iron which was found short during the visit and stock verification in the appellant s factory or otherwise? - Held that - there is nothing on record to show that the appellant had received unaccounted money or appellant had received unaccounted raw materials, appellant has consumed unaccounted electricit....... + More


  14. 2017 (10) TMI 734 - CESTAT ALLAHABAD

    M/s Rama Vision Limited Versus Magma Industries Ltd. Unit-II

    Refund claim - jurisdiction - Whether the Show Cause Notice dated 03/11/2001 and the subsequent proceedings are in the teeth of the ruling of Hon ble Supreme Court in the case of Mafatlal Industries Limited Versus Union of India 1996 (12) TMI 50 - SUPREME COURT OF INDIA ? - Held that - the SCN is wholly without jurisdiction and is an abuse of the process of the law. Further, there is no appeal filed by the Revenue against finalization of the asse....... + More


  15. 2017 (10) TMI 702 - BOMBAY HIGH COURT

    DHL Express (India) Pvt. Ltd. & Another Versus The Union of India & Another

    Grant of new CHA license - application for grant of new custom brokers license rejected on the ground that condition specified in clause (e) of the Regulation 5 is not satisfied - Held that - If the Applicant, who applies for a license has been convicted by a competent Court for the offences provided in any of the said three enactments, the disqualification in clause (d) will be applicable. If a Criminal Proceeding is pending in which the Applica....... + More


  1. 2017 (10) TMI 767 - BOMBAY HIGH COURT

    DHL Express (India) Pvt. Ltd. The Commissioner, Customs, (General) Customs Brokerage Section

    Maintainability of appeal - section 129A of the Customs Act,1962 - power of Commissioner of Customs to reject the application for grant of license - Held that - The law is well settled. An appeal is always a creation of a statute and unless there is a specific remedy provided in the statute by way of an appeal, a right of appeal is never available to a litigant. BR BR The Regulation of 2013 framed under subsection (1) of section 146 is a complete....... + More


  2. 2017 (10) TMI 766 - CESTAT BANGALORE

    M/s. D.H.L Express (I) Pvt. Ltd. Versus Commissioner of Service Tax Bangalore Service Tax

    Refund of excess duty paid - denial on the ground that the same is time-barred and that required documents were not furnished by the appellants - Held that - the appellants have filed the refund claim on 06.05.2012 whereas originally M/s. BEML filed the refund claim which was rejected by Assistant Commissioner vide his Order-in-Original dated 13.03.2012 on the ground that BEML has neither paid the duty nor borne the duty. After the rejection of r....... + More


  3. 2017 (10) TMI 765 - CESTAT BANGALORE

    Lulu International Shopping Mail Pvt Ltd Versus Commissioner of Customs

    Confiscation - Redemption fine - penalty - amusement park equipments like crazy cars, mini disco, roller coaster etc. under EPCG scheme - the goods appeared to be used one - since the Revenue has not produced any evidence which shows that there is a guilty mind on the part of the appellant to import the second hand goods, therefore the imposition of penalty is not warranted in the facts and circumstances of this case, penalty set aside - redempti....... + More


  4. 2017 (10) TMI 764 - CESTAT BANGALORE

    Leadking Sea Air Forwarders Pvt. Ltd. Versus Commissioner of Customs and Service Tax, Bangalore

    Penalty on CHA u/s 114(i) and 114 AA of the CA, 1962 - abetting with the exporters to clandestine export of their product - it was alleged that the main appellant herein being a CHA has not verified the antecedent of the exporters who sought to export Ketamine Hydrochloride in the guise of garments but did not notice it was concealed inside the said consignment which was detected after the Customs investigation and based on information - Held tha....... + More


  5. 2017 (10) TMI 763 - CESTAT BANGALORE

    AXA Business Services Pvt. Ltd. Versus CC, Bangalore

    100 EOU - Violation of import conditions - obsolete goods - Held that - the concerned officials of the appellant themselves have admitted that goods had become obsolete and the same had not been put to use. Further there was no evidence put up on record that when the goods were usable and had operational life, they were installed and put to use by the appellant - demand of duty upheld. BR BR The impugned order confiscating the goods listed in Ann....... + More


  6. 2017 (10) TMI 762 - CESTAT MUMBAI

    Shri. Mahesh P. Patel Versus Commissioner of Customs (Import) , Nhavasheva

    Penalty u/s 112(a) of Customs Act, 1962 - cross examination sought for by appellant, which was not provided - Principles of Natural Justice - Held that - appellants have not received hearing notice of the said dates - principle of natural justice was not adhered to by the adjudicating authority - the adjudicating authority to allow cross examination of the witnesses - appeal allowed by way of remand........ + More


  7. 2017 (10) TMI 761 - CESTAT MUMBAI

    Mahindra Engineering Design & Development Company Ltd Versus Commissioner of Customs (Import) , Mumbai

    100 EOU - N/N. 52/03-cus dated 31-3-2003 - non-fulfillment of conditions relating to clearance under STPI scheme - Held that - there was no malafide intention on the part of the appellant to violate any condition of licence provisions. Initially truck was supposed to be cleared under Notification no.52/03. When the appellant was unable to fulfill the condition they immediately paid the customs duty and cleared the goods, the conduct of the appell....... + More


  8. 2017 (10) TMI 760 - CESTAT CHENNAI

    Padmalay Enterprises Versus Commissioner of Customs, Chennai

    Import of restricted goods - old and used photocopiers - confiscation - penalty - Held that - the import of photocopiers had become restricted only after 19.10.2005. Goods imported herein have been done by a Bill of Entry filed on 27.04.2004. This being the case, they cannot be confiscated for want of a specific import licence and accordingly, the provisions of section 111 (d) will not be applicable in this matter. BR BR The interests of justice ....... + More


  9. 2017 (10) TMI 719 - TELANGANA & ANDHRA PRADESH HIGH COURT

    The Commissioner of Customs Versus Gayatri Timbers Private Limited

    SAD Refund - N/N. 102/2007-Customs issued on 14-09-2007 - denial on the ground that the timber logs imported by the respondent-assessee were not sold as such by them, but were sold locally after sawning them and cutting them into smaller sizes and also on the ground that the logs cut into smaller sizes could not correlate to the items described in the import packing list - Section 130 A of the Customs Act - The grievance of the appellant/revenue ....... + More


  10. 2017 (10) TMI 718 - BOMBAY HIGH COURT

    Rakesh Rathi, Partner of M/s. S.G. Sales Corporation, Nirmal Kumar Rathi, M/s. Laminate Distributors (India) , Shri S. Gopal Rathi, M/s. S.G. Sales Corporation Versus The Commissioner of Customs (Imports)

    Pre-deposit - demand of 50 of pre-deposit - Misdeclaration of imported goods - under-declaration - the case of the respondent-revenue is that the goods imported were under declared and custom duty was paid on declared value. The amount corresponding to the declared value was being paid to the supplier through normal banking channels. It is alleged that the additional amount being the difference between the actual transaction value and the declare....... + More


  11. 2017 (10) TMI 717 - CESTAT BANGALORE

    Ganesh Food Products Pvt Ltd Versus Commissioner of Customs and Service Tax

    Classification of imported goods - probat Roasting unit Model I-P from M/s. Probat-Weke, Germany - to be classified under CTH 85167990 or under CTH 841981.90? - N/N. 21/2002 dt. 01/03/2002 - Held that - the Commissioner(Appeal) has held that the same cannot be considered as electro thermic appliances and therefore cannot be classified under the heading 8516 and accordingly he classified the impugned goods under Chapter 8419 - there are no infirmi....... + More


  12. 2017 (10) TMI 716 - CESTAT BANGALORE

    M/s. Parisons Agro Tech Pvt. Ltd., M/s. Parisons Foods Pvt. Ltd. Versus CC, Cochin

    Classification of imported goods - crude palm oil - to be classified under CTH 1511000 or under heading 15119090 - N/N. 21/2002 - Held that - the test on the samples taken were conducted after more than 10 days of the drawing of the samples and further we do not have the evidence to the fact that the sample of the goods were stored in ideal condition - also, the basis of various scientific data that the beta carotenoid content in crude palm oil d....... + More


  13. 2017 (10) TMI 715 - CESTAT BANGALORE

    M/s. V.M. Salgaocar & Bro. Pvt. Ltd. Versus CC, Mangalore

    Penalty u/s 114 of CA, 1962 - mis-declaration - export of iron ore having Fe content above 64 - the exporter has declared the Fe content of the goods covered under the shipping bill is less than 64 - Held that - in the present case, when shipping bills were filed, the Fe content, as per the Certificate of Quality issued by accredited laboratory, was less than 64 in the consignment and when the same was tested by the Chemical Examiner of the Custo....... + More


  14. 2017 (10) TMI 714 - CESTAT CHENNAI

    Commissioner of Customs (Port-Import) Chennai-I Versus M/s. Omni Agate Systems

    Classification of imported goods - ILP 45 Professional LCG Monitors of Sharp brand - importers classified the goods under CTH 85285100 - The department was of the view that the goods would fall under CTH 85285900 - Whether it is a Computer monitor or a TV/ Video monitor? - Held that - as rightly pointed out by the learned counsel for appellant, the Commissioner (Appeals) has taken assistance of the Board Circular, dated 10.09.2007. A Computer cha....... + More


  15. 2017 (10) TMI 713 - CESTAT CHENNAI

    M/s. Vidhi Industries Versus Commissioner of Customs, Tuticorin

    Confiscation - penalty - import of Irony Aluminium Scrap - it was alleged that the importer attempted to import hazardons plastic and other waste materials by mis-declaring the cargo as Irony Aluminium scrap, thereby violating the provisions of the Environment Protection Act, 1986 - Held that - as per the report of the TNPCB some extraneous plastic items were found in the consignment. There is nothing in the said report to reflect upon the quantu....... + More


  1. 2017 (10) TMI 733 - KARNATAKA HIGH COURT

    M/s. Skylark Mansions Pvt. Ltd. Versus The Deputy Commissioner of Commercial Taxes (Audit) , The Commissioner of Commercial Taxes, The State of Karnataka

    Scope of Entry 54 of List II of the Seventh Schedule to the Constitution of India - imposition of tax contrary to the tax on the sale of the undivided share in the land - works contract - Held that - the petitioner-assessee can very well raise even the said issue raised before this Court in the present writ petition, namely, the taxability of the land cost, in the appeal filed before the said First Appellate Authority itself as the said questions....... + More


  2. 2017 (10) TMI 695 - GUJARAT HIGH COURT

    Bansal Realtech Ltd. Versus State of Gujarat

    Continuation of attachment order - Attachment of stock, bank accounts and fixed assets - section 45 of the VAT Act - By orders dated 07.09.2016 and 08.09.2016, attachment orders were passed - Held that - Sub-section (2) of section 45 of the Act, in plain terms, ensures that the life of a provisional attachment order does not extend beyond a period of one year. Therefore, unless the order of provisional attachment is withdrawn, recalled, set aside....... + More


  3. 2017 (10) TMI 694 - MADRAS HIGH COURT

    M/s. Vishal Interior Versus The Assistant Commissioner (CT)

    Validity of assessment order - TNVAT Act - petitioner s case is that the pre-revision notice was served on the petitioner and the notice had been returned with postal endorsement left - Rule 19 of the TNVAT Act - Held that - this Court is of the view that the petitioner can be afforded one more opportunity to go before the Assessing Officer and put forth their objections as the pattern of assessment is identical to all the assessment orders and t....... + More


  4. 2017 (10) TMI 643 - ALLAHABAD HIGH COURT

    M/s Gaurav Agro-Chem Industries Agwanpur Moradabad Versus Commissioner of Commercial Taxes U.P. Lko.

    Levy of purchase tax - purchases made by the Branch Office effected within the State of U.P - separate legal entity of Branch Office and the Head Office - Held that - A Branch Office does not of its own have a separate and distinct legal existence. Be it a Head Office or a Branch Office, they are only arms of the one singular entity which is the concern. This issue need not detain the Court as it has been authoritatively ruled upon in English Ele....... + More


  5. 2017 (10) TMI 642 - MADRAS HIGH COURT

    Gail India Pvt. Ltd Versus The Commercial Tax Officer

    Refund of wrong reversal of input tax credit - Rate of VAT - inter-state sale - Natural Gases - Appellant purchases Natural Gases from Oil and Natural Gas Commission (ONGC) and would re-sell the same to various customers - rate of tax 4 or 12.5 ? - C-Form - According to the appellant, rejection of refund is in violation of Article 265 of the Constitution, which mandates that no tax shall be levied or collected, except by authority of law - Sectio....... + More


  6. 2017 (10) TMI 607 - MADRAS HIGH COURT

    M/s. Suryadev Alloys and Power Private Limited Versus The Commercial Tax Officer

    Reversal of ITC - stock transfer of goods covered by Form F - TNVAT Act - Held that - The Court took into consideration the amendment to the TNAVT Act, 2006 by notification in G.O.(Ms)No.18, Commercial Taxes and Registration (B1) Department, dated 29.01.2016 whereby a separate column was given in Annexure 12 for Stock Transfer/Consignment sales without Form F Section 19(2). This having not been brought to the Assessing Officer, the Court sets asi....... + More


  7. 2017 (10) TMI 606 - ALLAHABAD HIGH COURT

    The Commissioner, Commercial Tax, U.P. Lucknow Versus S/S Central Electronics Limited, Ghaziabad

    Levy of tax - Subsequent sale - Form C - Whether Commercial Tax Tribunal was legally justified in deleting the amount of tax on otherwise subsequent sale as provided u/s 3b read with Section 6(2) of Central Sales Tax Act and according to the provisions of 9(1) proviso the State of U.P. where the dealer is registered and from where form-C has to be issued, State of U.P. has power to levy tax on such kind of central sale? BR BR Held that - once the....... + More


  8. 2017 (10) TMI 605 - MADRAS HIGH COURT

    APM Terminals Private Limited Versus The State of Tamil Nadu, The Assistant Commissioner (CT) , Ayya Steels Private Limited

    CFS - Validity of Form U notice issued under Rule 9(4) of the Tamil Nadu Value Added Tax Act, 2006 - whether petitioner could be teated as Garnishee or not? - Held that - Admittedly, the petitioner is not a garnishee as they are only CFS duly licensed by the Customs Department. The amount, which they have recovered by sale of the goods is the amount which is lawfully due to them and the sale proceeds of the steel did not cover the entire dues and....... + More


  9. 2017 (10) TMI 604 - MADRAS HIGH COURT

    Tirupur Sri Senthil Cotton Mills Ltd., V.M. Tradings Versus The State of Tamil Nadu, The Principal Commissioner and Commissioner of commercial Taxes, The Commercial Tax Officer, The Deputy Commercial Tax Officer

    Validity of assessment order - the petitioners have violated the conditions of the EOU status, as they have not qualified themselves for exemption and there is a shortfall in the export of the goods - Held that - when the Assessing Officer issued a notice to establish whether the petitioners have fulfilled their export obligations, it was the duty on the part of the petitioners to appear before the Assessing Officer and produce necessary document....... + More


  10. 2017 (10) TMI 545 - MADRAS HIGH COURT

    M/s. Empee Distilleries Ltd. Versus The Commissioner of Commercial Taxes, Government of Tamil Nadu, The Joint Commissioner, Commercial Taxes CT, LTU, The Deputy Commissioner, (Commercial Taxes CT-I) , Large Tax, The Tamil Nadu State Marketing Corporation Ltd.

    Validity of notice of attachment/garnishee order - tax arrear - case of petitioner is that on account of severe financial crunch and since the policy of the Government with regard to liquor trade is in a nebulous state, the petitioner is unable to raise finances from the open market and therefore, pleads that the petitioner may be granted sufficient time to pay arrears with interest in equated monthly instalments - Held that - this Court is incli....... + More


  11. 2017 (10) TMI 544 - MADRAS HIGH COURT

    M/s. Bombay E-Store India Private Limited Versus The Assistant Commissioner (CT) , The Deputy Commercial Tax Officer, The Joint Commissioner (CT)

    Cancellation of registration - TNVAT Act - opportunity of being heard - Held that - the revisional authority accepts the fact that the registering authority did not afford an opportunity for personal hearing to the petitioner when Sections 39(14) and 39(15) of TNVAT Act, 2006, mandates that an opportunity of personal hearing should be granted to the dealer before cancellation. Therefore, the revisional authority fell in error in holding that sinc....... + More


  12. 2017 (10) TMI 543 - MADRAS HIGH COURT

    M/s. India Tanning Co. Versus The Commercial Tax Officer

    Validity of assessment order - TNVAT Act - rectification of assessment u/s 84 - purchase from Registration Certificate cancelled dealers - purchase omissions - assessment for the year 2014-15 - Held that - the respondent while completing the assessment pointed out that as per the web report, the registration was cancelled prior to the date of purchase and therefore, the Input Tax Credit claimed by the petitioner from registration cancelled dealer....... + More


  13. 2017 (10) TMI 491 - SUPREME COURT OF INDIA

    State of Kerala And Others Versus FR. William Fernandez Etc. Etc.

    Levy of Entry tax - goods imported from different countries and brought into local area of a State - The State legislations are also questioned on the ground that the entry tax legislations do not contemplate levy of an entry tax on goods imported from outside the country - Whether Section 2(d) read with Section 3 of Orissa Entry Tax Act, 1999, Section 2(d) read with Section 2(d) of Kerala Act, 1994 and Bihar Act, 1993 (before its amendment in 20....... + More


  14. 2017 (10) TMI 490 - BOMBAY HIGH COURT

    The Commissioner of Sales Tax, Maharashtra State, Bombay Versus M/s. Ravi Trading Company,

    Valuation - Interpretation of Statute - clause (29) of section 2 of the Bombay Sales Tax Act, 1959 and clause (h) of Section 2 of the Central Sales Tax Act, 1956 - insurance charges and carrying charges - includibility - whether insurance charges and carrying charges forms part of sale price - Whether on the facts and in the circumstances of the case and on a true and correct interpretation of clause (29) of section 2 of the Bombay Sales Tax Act,....... + More


  15. 2017 (10) TMI 489 - GUJARAT HIGH COURT

    One Tape India Pvt. Ltd Versus State of Gujarat & 1

    Attachment of Bank Account - provisional attachment - Held that - Sub-section (2) of Section 45, however, provides that every such provisional attachment shall cease to have effect after expiry of one year from the date of the order - In the present case, this period of one year is over long back. It is, therefore, declared that the order dated 13.07.2016 is no longer effective. BR BR Refund of amount recovered by the respondents from the petitio....... + More


  1. 2017 (10) TMI 759 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI

    Arvind Aggarwal & Anr. Versus Trinetra Cements Ltd. & Ors.

    Scheme of Amalgamation - Held that - There is full compliance of SEBI Circulars dated 4th February, 2013 and 21st May, 2013. Although the Appellants have raised allegation that unaudited/management accounts of the three Companies, upto 31st December, 2013 were not placed before the Tribunal, but we find that all documents required under the law as provided in the Companies Act, 1956 and Clause 24(f) of the Listing Agreement and Circulars of SEBI ....... + More


  2. 2017 (10) TMI 758 - NATIONAL COMPANY LAW TRIBUNAL, NEW DELHI

    Punjab National Bank Versus Samtel Color & Ors.

    Insolvency resolution process - Held that - As heard learned Counsel for the Financial Creditor who has taken us through the various paras of the application as already recorded in the preceding paras from the perusal of the record. We are satisfied that the Financial Creditor has proved by overwhelming evidence that default has occurred. Accordingly, the application for initiation of Corporate Insolvency Resolution Process under section 7 is adm....... + More


  3. 2017 (10) TMI 757 - NATIONAL COMPANY LAW TRIBUNAL, AHMEDABAD

    Edelweiss Asset Reconstruction Co. Ltd. Versus Kalptaru Alloys Pvt. Ltd.

    Corporate Insolvency Resolution Process - Held that - Application deserves to be admitted and it is accordingly admitted under Section 7(5)(a) of the IB Code. This Adjudicating Authority is hereby appoint Shri Anil Kohli, as Interim Insolvency Resolution Professional having address at 1011, Kirti Shikhar, District Centre Janak Puri, New Delhi-110058 and having Registration No. IBBI/IPA-001/IP-POO 112/2017-18/10219 under Section 13 (1)(c) of the C....... + More


  4. 2017 (10) TMI 669 - GUJARAT HIGH COURT

    In The Matter Of The Official Liquidator Versus Biren D. Shah

    Winding up the Company voluntarily - Held that - Voluntary Liquidator is directed to submit the copy of the publication of final meeting in Gazette to the Official Liquidator as early as possible. The explanation rendered by the learned counsel appearing for respondent that there is a obvious mistake in the chart of assets, the said explanation is accepted. BR BR From the facts and details stated hereinabove, it transpires that all necessary form....... + More


  5. 2017 (10) TMI 668 - NATIONAL COMPANY LAW TRIBUNAL, AHMEDABAD

    Mukund Subhash Karwa & Ors. Versus Krishidhan Seeds Pvt. Ltd.

    Oppression and mismanagement - Arbitral Award eligibility - Held that - In the interest of the shareholders of KSPL, in the interest of SPK group, JPK group and taking into consideration the Arbitral Award has not reached finality and not yet implemented, the following order is passed by this Tribunal. BR BR (i) Hon ble Justice Mr. K.K. Lahoti who is functioning as Observer cum Facilitator is appointed as Interim Administrator of the first respon....... + More


  6. 2017 (10) TMI 619 - NATIONAL COMPANY LAW TRIBUNAL, CHANDIGARH

    Anil Kumar Versus Rolex Cycles Private Limited, Ashwini Kumar Prabhakar, Kanchan Prabhakar And Rajinder Kapoor

    Insolvency and Bankruptcy procedure - non-co-operative attitude of the key managerial personnel of the Corporate Debtor - Held that - The facts discussed above would also make it quite clear that there has not been proper monitoring by the Regional Office of Canara Bank holding major voting share in the committee of creditors and when the continuation of interim resolution professional was not accepted, application was supposed to have been filed....... + More


  7. 2017 (10) TMI 571 - NATIONAL COMPANY LAW TRIBUNAL, CHANDIGARH

    M/s. Visa Drugs & Pharmaceuticals Private Limited Versus M/s. Swan Aluminiums Private Limited

    Winding up of the company for its inability to pay the debt - Held that - Since there is a default committed by the respondent as proved from the aforesaid discussion and the application being complete in all respect, the resolution professional has also been proposed, the instant petition deserves to be admitted. BR BR In view of the above, the instant petition is admitted and the moratorium is declared for prohibiting all of the following as pr....... + More


  8. 2017 (10) TMI 570 - NATIONAL COMPANY LAW TRIBUNAL, BENGALURU

    Mr. K.N. Vasudeva Adiga & ORS Versus Vasudeva Adigas Fast Food Private Limited & ORS

    Compromise Petition - Held that - Each party as Petitioner and Respondent out of their own free will have the authority and capacity to enter into the Compromise and execute the Settlement Deed and perform their respective obligations under the Settlement Deed and the same would be binding and enforceable against such person under all applicable laws; and that each of the Petitioners and Respondents has full power and authority to grant the relea....... + More


  9. 2017 (10) TMI 569 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI

    Chharia Holdings Pvt. Ltd. Versus Brys International Pvt. Ltd. & Ors.

    Corporate Insolvency Resolution Process - Whether it is mandatory for a Financial Creditor to propose the name of Interim Resolution Professional in an application under section 7 of the I&B Code ? - Held that - While we uphold the decision of the Adjudicating Authority that proposal of name of Interim Resolution Professional in terms of clause (b) of sub-section (3) of Section 7 is mandatory, but in the facts and circumstances of the case, as th....... + More


  10. 2017 (10) TMI 568 - NATIONAL COMPANY LAW TRIBUNAL, MUMBAI

    ICICI Bnak Ltd. Versus Innoventive Industries Ltd.

    Insolvency and Bankruptcy Code invoked to prohibit the supplier from terminating or suspending services - Held that - Electricity, water and telecommunication services and Information Technology service are to be considered as essential as long as these services are not a requirement to the output produced or supplied by the Corporate Debtor. Under this regulation, an illustration also been given saying that water is to be considered as essential....... + More


  11. 2017 (10) TMI 517 - NATIONAL COMPANY LAW TRIBUNAL, HYDERABAD

    M/s. Asset Advisory Services India Pvt. Ltd. Versus M/s. VSS Projects Pvt. Ltd.

    Corporate Insolvency Resolution Process - Whether the present CP is maintainable since the Petitioner has already resorted proceedings for recovery of the debt in question - Held that - It is not the case of the Petitioner that the Respondent is unable to pay debt or it is insolvent for the same. While demanding to pay the loan in question, the petitioner is filing cases as stated supra, to prevent the respondent to pay the debt, after selling fl....... + More


  12. 2017 (10) TMI 516 - NATIONAL COMPANY LAW TRIBUNAL, NEW DELHI

    M/s. Energo Engineering Projects Ltd. Versus M/s. Levcon Valves (P) Limited And M/s. HMTC Engineering Co. (Kolkata) Pvt. Ltd.

    Corporate Insolvency Resolution Process - Corporate Debtor under Insolvency & Bankruptcy Code, 2016 - Held that - Operational Creditor that a statutory notice dated 12.8.2015 was issued under the erstwhile provisions of the Companies Act, 1956 for winding up the company on the grounds of inability to pay its debt and even though the said notice was received, no reply was forthcoming on the part of the Corporate Debtor. Despite subsequent remi....... + More


  13. 2017 (10) TMI 515 - NATIONAL COMPANY LAW TRIBUNAL, NEW DELHI

    Bank of Baroda Versus Amrapali Silicon City Pvt. Ltd.

    Corporate insolvency procedure - Held that - Form and manner of the application has to be the one prescribed by the authorities. It is required to be accompanied by the prescribed fee. It is further evident that if the application is incomplete as per the requirement of Section 7(2) of the Code then this Tribunal being the Adjudicating Authority may reject it. However, proviso to Section 7(5) of the Code postulates that before rejecting the appli....... + More


  14. 2017 (10) TMI 465 - RAJASTHAN HIGH COURT

    Official Liquidator of M/s Swastik House Leasing Limited (in Liquidation) Versus Shri Manik Chand Agarwal (Deceased) through his Legal Representatives, Shri Dharmendra Agarwal S/o Late Shri Manak Chand Agarwal, Shri Rajendra Agarwal S/o Late Shri Manak Chand Agarwal, Smt. Meena Agarwal D/o Sh. Manak Chand Agarwal, W/o Sh. Rajendra Bansal, Ms Meena Agarwal D/o Manik Chand Agarwal, W/o Sh. Rajendra Bansal

    Guilty of misfeasance and malfeasance in relation to the Company - committing breach of trust in discharge of the duties towards the Company - liability under the provisions of Section 543 - Held that - Admittedly, the case has been set up on the basis of report prepared by the Chartered Accountant whose statements have been quoted herein above. The present case is a case of voluntary winding up of the Company and not at the instance of any of it....... + More


  15. 2017 (10) TMI 464 - NATIONAL COMPANY LAW TRIBUNAL NEW DELHI

    Bank of Baroda Versus Ultra Home Construction Pvt. Ltd.

    Corporate Insolvency Resolution Process - Held that - We accept the prayer made in the application as no serious objection has been raised against the substituted Interim Insolvency Professional. BR BR In pursuance of Section 13 (2) of the Code we direct that public announcement shall be made by the Interim Resolution Professional within the statutory period with regard to admission of this application under Section 7 of the Code. We also declare....... + More


  1. 2017 (10) TMI 461 - DELHI HIGH COURT

    Nitin Sandesara Versus Directorate of Enforcement And Ors.

    Detention at the airport at the instance of the Enforcement Directorate - Look Out Circular (LOC) was issued by the Enforcement Directorate - violation of FEMA - Proceedings under PMLA - Held that - In the present case, the LOC does not indicate any credible reason for issuing the same. Plainly, recourse to LOC cannot be taken as a matter of course; restricting the right of a citizen to travel is a serious imposition on his/her fundamental rights....... + More


  2. 2017 (10) TMI 460 - ATFEMA

    M/s. Wadhwa Enterprises, Shri Sanjeev Wadhwa, Shri Rajeev Wadhwa Versus The Special Director Directorate of Enforcement, Delhi

    Condonation of Delay - reason i.e. the premises of the appellant firm lying locked and shifting of residence by the appellants as well as the chamber of the counsel of the appellant has been stated - Held that - As stated earlier, by an order dated 11th May, 2009 this Tribunal had directed the appellants to deposit 20 of their amount of penalty along with submissions of unconditional bank guarantee of remaining 30 within a period of 45 days from ....... + More


  3. 2017 (10) TMI 459 - ATFEMA

    Shri P.R. Ganapathy Versus The Joint Director Directorate of Enforcement, Chennai

    Proceedings contemplated under Section 51 of FERA, 1973 - Held that - In the case of Shri Joji Thelliankal, who had acted as an agent to identify NRE account holders, there was no fool proof evidence on record, to establish that Shri Joji Thelliankal received premium amount and thus it was found by the trial court that there is no corroborative evidence except the statements. It was held that no other evidence on the records placed to show that S....... + More


  4. 2017 (10) TMI 352 - KARNATAKA HIGH COURT

    M/s Wood Tech Consultants Private Limited Versus Joint Director of Enforcement Office of The Joint Director of Enforcement, Government of India

    Partially dispensing with deposit of the penalty amount - order passed exercising the power under second proviso to Section 19(1) of the Foreign Exchange Management Act, 1999 - Held that - It is relevant to state that an appeal would lie to the High Court under Section 35 of the Act on any question of law arising out of the order passed by the Appellate Tribunal. On the facts of the case, it can t be said that the discretion exercised by the Appe....... + More


  5. 2017 (9) TMI 491 - DELHI HIGH COURT

    M/s. Lord Chloro Alkali Versus Special Director Enforcement Directorate

    Offence under Foreign Exchange Management Act, 1999 - penalty imposed - reason to believe for default - Held that - From the perusal of the SCN, it is clear that the, details furnished by the respondent department in the SCN, were vague and sketchy at best, for the appellant to trace back the contentious transaction of DM16000, which happened eight years back with respect to the time when the first letter was sent to the appellant Company by the ....... + More


  6. 2017 (9) TMI 127 - DELHI HIGH COURT

    Rajendra Kumar Patel Versus Union Of India

    Interest on the amount of the Award - Payment of actual rate of interest earned by the respondent on the amount seized and confiscated from the petitioner - accretion to the amount seized from the petitioner - Held that - In the present case it is admitted that the respondent had received interest amounting to ₹1,64,52,470/- on the separate fixed deposit created from the currency seized. However, it is seen that the respondent has paid only....... + More


  7. 2017 (8) TMI 1016 - GUJARAT HIGH COURT

    N.L. Dubasia & 1 Versus Union of India THR' & 2

    Provision of Section 78 of the Foreign Exchange Regulation Act, 1973 and Section 44 of the Act applicability - Held that - The petitioner who had come to India from foreign country, wanted that their NRI Account/FCNR Account may be continued in the same status. It was a kind of privilege claimed. Such status could be accorded only within the permissible parameters and in accordance with law by the Reserve Bank of India. It is difficult to conceiv....... + More


  8. 2017 (8) TMI 756 - ATPMLA

    Suman S. Rana Versus The Deputy Director Directorate of Enforcement, Mumbai

    Forfeiting the properties as order passed under section 7 of the SAFEMA, 1976 - purview of the term associate / relative - connection with alleged illegal activities of the detenu - Held that - The only activities that have been stated in this regard are that the appellant assisted AP-1 to assume the name of Sanjay Srinath Rana and to obtain documents like Ration Card and Passport in the assumed name and that the detenu resided in the residence o....... + More


  9. 2017 (8) TMI 671 - SUPREME COURT

    Domnic Alex Fernandes (D) Through Lrs. & Others Versus Union Of India And Others

    Illegally acquired property within the meaning of Section 3(1)(c) of SAFEMA - whether tenancy of a property, ownership of which is acquired by a person to whom the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) applies, will be treated as illegally acquired property within the meaning of Section 3(1)(c) of SAFEMA and can be subjected to forfeiture under the provisions thereof? - Held that - In the present ....... + More


  10. 2017 (8) TMI 574 - SUPREME COURT OF INDIA

    The Enforcement Officer Versus Mohammed Akram

    Disobedience to respond to the summons issued under Section 40(3) FERA - offence under Section 56 of FERA, 1973 - Held that - This point has come up for consideration before this Court in Enforcement Director and Anr. v. M.Samba Siva Rao and Ors. (2000 (5) TMI 586 - SUPREME COURT OF INDIA). Due to the divergence of opinion of the High Courts of Kerala, Madras on one hand and High Court of Andhra Pradesh on the other, a three Judge Bench of this C....... + More


  11. 2017 (8) TMI 423 - ANDHRA PRADESH HIGH COURT

    N. Pandu Ranga Versus The Asst. Director, Directorate of Enforcement & Another

    Alternative remedy of appeal - Guilty for contravention of the provisions of Section 3(c) of the Foreign Exchange Management Act, 1999 - Held that - When the statutory alternative remedy of appeal is available, the High Court should not entertain an application under Article 226 of the Constitution of India. When a right or liability is created by the statute, the High Court must insist that before availing remedy under Article 226 of the Constit....... + More


  12. 2017 (7) TMI 1017 - MADRAS HIGH COURT

    TTV Dhinakaran Versus The Assistant Director, Enforcement Directorate, Govt. of India

    Contravention of certain provisions of Foreign Exchange Regulation Act, 1973 - Held that - It is of conscious of the fact that by this order, the petitioner should not take advantage and protract the proceedings. Likewise by rejecting this petition, I am of the considered view that it would amount to denial of a reasonable opportunity of argument since framing of charges is an important event in the trial of warrant cases. In order to strike the ....... + More


  13. 2017 (7) TMI 312 - DELHI HIGH COURT

    M/s. Madhav Maganlal & Co and Anr. Versus Union of India And Anr.

    Penalties on account of violation of Sections 9(1)(b) and (d), Section 68(1), Section 64(2) and 63 of FERA - Whether the show cause notice is void being received by appellant after the sun set period? - Whether the statements given under section 108 of the Customs Act can be used as evidence against the accused? BR BR Held that - The new law (FEMA) continues to govern action vis- -vis all offences under the repealed law (FERA) in accordance with ....... + More


  14. 2017 (7) TMI 73 - DELHI HIGH COURT

    Shabnam Arora Versus Union of India & Others

    Detention orders - Held that - We have discussed the role and position of the detenue in the smuggling ring. The detenue was not a mere carrier and was in-charge of the Delhi operations of the racket as the kingpin Sh.Narendra Kumar Jain was based in Guwahati. It is clear that the activities of the detenue were of a serious nature and perpetrated with a great deal of expertise and coordination. The activities were of a massive scale and had been ....... + More


  15. 2017 (6) TMI 983 - MADRAS HIGH COURT

    Union of India rep. by The Director of Enforcement Versus M/s. Kiran Overseas Ltd., Shri. O.P. Batra (Died) rep. by Ranjiv Batra, Shri. M.G. Gupta, Shri. Gopalakrishna Thiyagarajan, Shir. Kiren Batra, Shri. Ranjiv Batra

    Condonation of delay - period of limitation - submission of the respondents that FEMA is a special statute and, therefore, the provisions of Section 5 of the Limitation Act, 1963, would have no application - Held that - Having regard to the provisions of the Statute, we are of the view that, given the language of the proviso to Section 35 of FEMA, this Court does not have a power to condone the delay beyond the time prescribed therein. The langua....... + More


  1. 2017 (10) TMI 756 - ALLAHABAD HIGH COURT

    M/s Kanika Swami Versus State of U.P. And 2 Others

    Possession notice issued u/s 13(4) of SARFAESI Act - Held that - The SARFAESI Act, 2002 is a strict act which requires strict compliance of the provisions provided therein and any deviation in compliance of the provisions renders the action of the secured creditor bad and unsustainable. The Debt Recovery Tribunal is fully empowered to go into the record of the secured creditor regarding the compliance of the provisions of the Act and Rule and the....... + More


  2. 2017 (10) TMI 667 - SUPREME COURT OF INDIA

    MS. Indira Jaising Versus Supreme Court of India Through Secretary General And Ors.

    System of designation of Senior Advocates in the Supreme Court of India - whether system is flawed and the system needs to be rectified - Held that - We proceed to venture into the exercise and lay down the following norms/guidelines which henceforth would govern the exercise of designation of Senior Advocates by the Supreme Court and all High Courts in the country. The norms/ guidelines, in existence, shall be suitably modified so as to be in ac....... + More


  3. 2017 (10) TMI 666 - DELHI HIGH COURT

    Irwin Bin Hassim Versus Anil Kumar, Air Customs Officer, IGI Airport

    Conviction for the offence under Section 20 (b)(ii)(C) & Section 28 read with Section 23(c) of NDPS Act - Held that - The prosecution evidence is completely reliable and trustworthy. The aforementioned events clearly depict that the arguments advanced by the learned counsel for the appellant are without merits and on mere conjectures and surmises and hence are rejected. BR BR On perusal of the statement of the witnesses who recovered and depo....... + More


  4. 2017 (10) TMI 665 - JHARKHAND HIGH COURT

    S. Sudhakar Rao Versus The State of Jharkhand, Shri C. Bhaskar Rao

    Conviction for the offence u/s 138 of the Negotiable Instruments Act - nature of offence - Held that - The notice intimated to the petitioner about the dishonour of the cheques and his duty to discharge the loan which was taken by him from the complainant. The issuance of cheques by the petitioner in favour of the opposite party no. 2 is an admitted fact. Therefore, it was a burden upon the petitioner to prove that the cheques were misused or tha....... + More


  5. 2017 (10) TMI 618 - DELHI HIGH COURT

    Vintron Informatics Limited Versus Dena Bank & Others

    Offence under NI Act - eligibility of judgment of the DRAT - Held that - The plea taken by the petitioner with respect to the testimony of the Notary Public has been discussed at length by the DRAT and findings were given after appreciating the evidence led by the parties before the DRT. We are inclined to concur with the said findings. The Notary Public is no doubt, an independent witness acting under the authority of law and discharging the dut....... + More


  6. 2017 (10) TMI 617 - PUNJAB & HARYANA HIGH COURT

    Davinder Vaid Versus State of Punjab And Another

    Complaint under Section 138 of the Act - entering a compromise deed - Held that - The respondent No.2 has no right to back out from the compromise deed dated 21.08.2015 particularly when he has made a specific averment in the said compromise that he has received the cheque amount to his entire satisfaction and has further made a statement that nothing remains due between the parties and he undertakes to withdraw the complaint filed by him under S....... + More


  7. 2017 (10) TMI 566 - SUPREME COURT OF INDIA

    Himangni Enterprises Versus Kamaljeet Singh Ahluwalia

    Arbitration and Conciliation proceedings - whether the two Courts below were justified in rejecting the application filed under Section 8 of the Arbitration and Conciliation Act, 1996 in a pending civil suit filed by the respondent seeking appellant s eviction from the premises in question and for claiming some ancillary reliefs therein - Held that - Both the Courts below were right in dismissing the appellant s application filed under Section 8 ....... + More


  8. 2017 (10) TMI 565 - DELHI HIGH COURT

    Partha Ghosh & Anr. Versus The Institute of Chartered Accountants of India & Ors.

    Disciplinary proceedings instituted against petitioners Chartered accountants - Eligibility of subsequent action - Held that - Merely because the petitioners have now acquired further information pursuant to their request under the RTI - which, at best, provides them with additional pleas in support of their earlier challenge - does not mean that the subject matter of the present petition was not included in the matter before the Bombay High Cour....... + More


  9. 2017 (10) TMI 458 - BOMBAY HIGH COURT

    Iqbal s/o Gulamnabi Sheikh Versus Madhukar s/o Gyaniram Sakhare

    Acquittal of accused under Section 138 of the Negotiable Instruments Act - Held that - It cannot be said that the accused issued the cheques (Exh.14 to Exh.17) on the given dates to the complainant towards discharge of debt or liability on him. It is, therefore, clear that those cheques were not issued by the accused, in accordance with the provisions under Section 138 of the Negotiable Instruments Act. Section 138 of the Negotiable Instruments A....... + More


  10. 2017 (10) TMI 457 - MADRAS HIGH COURT

    Mrs. Shanthi Papli, Director, M/s. Franch Herbs Technologies Ltd. Versus Mr. Bala Sing Samuel Proprietor, M/s. Vijaya Agency

    Dishonour of cheque - Maintainability of complaint u/s 138 of NI Act - whether petitioner is not a signatory to the cheque and that she being a nominal director is in no way connected with the day today affairs of the company - Held that - In the complaint other than the cause title depicting the petitioner as director and impleading her as the third accused no other averment has been made that she is a person who at the time of the commission of....... + More


  11. 2017 (10) TMI 292 - DELHI HIGH COURT

    Devashish Garg Versus Directorate of Revenue Intelligence & Others

    Impounding of passport - Held that - It is evident from the impugned order that the learned Single Judge was alive to and in fact applied the rule in Suresh Nanda (2008 (1) TMI 876 - SUPREME COURT). However, it is at the same time facially apparent that instead of quashing the impounding order, the Court permitted retention of the passport and facilitated its onward transmission to the Regional Passport Officer which in effect itself amounts to i....... + More


  12. 2017 (10) TMI 218 - SUPREME COURT OF INDIA

    M/s. Meters And Instruments Private Limited & Anr. Versus Kanchan Mehta

    Compounding the offence under Section 138 of NI Act 1881 - compounding on payment of the cheque amount and in the alternative for exemption from personal appearance - Held that - We hold that where the cheque amount with interest and cost as assessed by the Court is paid by a specified date, the Court is entitled to close the proceedings in exercise of its powers under Section 143 of the Act read with Section 258 Cr.P.C. As already observed, norm....... + More


  13. 2017 (10) TMI 217 - MADRAS HIGH COURT

    M/s. Greenome Marketing Pvt. Ltd., Mr. Ravikrishnan Kakkirikkan, Mr. Roopesh Plassery Versus Mrs. Geetha Sugunan

    Proceedings under Section 138 of the Negotiable Instruments Act - proceedings initiated by the complainant against the Director of the Company Held that - The notice issued to the Directors of the Company would be sufficient for the purpose of attracting Section 138 of the Negotiable Instruments Act. In the words of the Supreme Court in M/s.Bilakchand Gyanchand Co. vs. A.Chinnaswami 1999 (3) TMI 620 - SUPREME COURT too technical an approach on th....... + More


  14. 2017 (10) TMI 145 - SUPREME COURT OF INDIA

    Sri Chittaranjan Maity Versus Union of India

    Arbitration proceedings - whether the Division Bench was justified in considering the arbitrability of the dispute for the first time in the appeal? - Held that - Intervention of the court is envisaged only in few circumstances like fraud or bias by the Arbitrators, violation of natural justice. The court cannot correct the errors of the Arbitrators. Division Bench was not justified while considering the arbitrability of the disputes for the firs....... + More


  15. 2017 (10) TMI 144 - MADHYA PRADESH HIGH COURT

    Gopal Sharma And Another Versus Punjab Stores And Another

    Dishonor of cheques - Commission of offence punishable under Section 138 of NI Act - deposit the compensation amount as ordered by the trial court and first appellate court - Held that - It is obligatory on the part of the court to pass an appropriate order in regard to awarding sentence so the order to pay compensation may be enforced. In the present, case the petitioners are deliberately flouting the judgment of the first appellate court. In th....... + More


 
 
 
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