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1

2015 (5) TMI 886 - JHARKHAND HIGH COURT - Service Tax

M/s. TA Enterprises, Chandrapura Versus The Union of India And 5 Others

Condonation of delay - filing of appeal before the Commissioner (Appeals) - Applicability of Limitation Act - Revenue argued that, Normally, the assesses are taking a chance by filing a matter directly in the High Court which is always at the peril .....


2

2015 (5) TMI 885 - CESTAT MUMBAI - Service Tax

Sun-Area Real Estate Pvt Ltd Versus Commissioner of Service Tax, Mumbai-I

Denial of refund claim - Payment received in export of service in Indian rupees from Deutsche Bank - Held that:- FIRCs were issued and there is a specific certification that the payment has not been received in non-convertible rupees, which establish.....


3

2015 (5) TMI 884 - CESTAT MUMBAI - Service Tax

M/s Oracle Financial Services Software Ltd Versus Commissioner of Service Tax, Mumbai

Extended period of limitation - Maintenance or repair of computer software service - Period of levy of tax - held that:- Service Tax is not payable by the appellant for the period 9.7.2004 to 6.11.2005 under the category of 'Maintenance or Repair' se.....


4

2015 (5) TMI 883 - SUPREME COURT - VAT and Sales Tax

Excise And Taxation Commissioner Chandigarh And Another Versus M/s. Bharat Construction Corporation

Validity of High Court's order - Order of refund when order already attained finality - Held that:- High Court should not have passed the order of refund as the assessment order passed by the assessing authority for the assessment year 1995-96 has at.....


5

2015 (5) TMI 882 - BOMBAY HIGH COURT - VAT and Sales Tax

Confederation of Real Estates Developers' Association of India – Maharashtra, Builders Association of India Rep By Its Trustee, Mr. D.L. Desai, M/s Prime Property Development Corporation Ltd., Shree Shridharkrupa Builders And Realtors Pvt Ltd Versus The State of Maharashtra Through Ministry of Finance, Commissioner of Sales Tax

Valuation under VAT - deduction of consideration / profit of sale of land - works contracts inter alia of the nature of construction and buildings - Constitutional validity and propriety of notification dated January 29, 2014 - challenge to Rule 58,.....


6

2015 (5) TMI 881 - PUNJAB & HARYANA HIGH COURT - Central Excise

Riba Textiles Limited Versus The Customs, Excise & Service Tax Appellate Tribunal, New Delhi and another

Denial of Exemption claim - 100% EOU - additional duty of excise under the Finance Act, 1999 - Scope of Notification No.22/2003 - Held that:- In the notification under section 5-A(1) of the Central Excise Act, 1944, the Government exempted the duty.....


7

2015 (5) TMI 880 - DELHI HIGH COURT - Customs

SUMITA DEY BHATTACHARYA Versus UNION OF INDIA & ANR

Validity of detention order - Non-supply of documents within the stipulated time in the language known to the detenue - Delay in execution of the detention order - Delay in disposal of the representation - Delay in passing the detention order - held .....


8

2015 (5) TMI 879 - BOMBAY HIGH COURT - Customs

Sesa Goa Ltd. Versus Commissioner of Customs, Goa

Denial of refund claim - Where and admittedly there is a nil assessment order, whether the assessee is entitled to claim refund without making a challenge to such assessment order - Held that:- As the provisional assessment as well as the final asses.....


9

2015 (5) TMI 878 - BOMBAY HIGH COURT - Customs

Sampark Industries Limited Versus Union of India and Ors.

Application for restraining Respondent from invoking and encashing bank guarantees/pay orders - Held that:- The bank guarantees/pay orders were retained because the Petitioner having failed to discharge the export obligation and no certificate having.....


10

2015 (5) TMI 877 - DELHI HIGH COURT - Corporate Laws

In Re : Mars Industries Private Limited With Dorset India Private Limited

Application for Scheme of Amalgamation under Sections 391 to 394 of the Companies Act, 1956 - Official Liquidator's observations regarding issuance of shares at a premium of ₹ 9370/-, disputed sales tax & Excise duty liabilities, Default in pay.....


11

2015 (5) TMI 876 - DELHI HIGH COURT - Corporate Laws

In Re : Denso India Limited

Application for reduction in issued, subscribed and paid-up share capital under Sections 100 to 105 of Companies Act, 1956 and other applicable provisions of the Companies Act, 2013 read with Companies (Court) Rules, 1959 - Held that:- It has been su.....


12

2015 (5) TMI 875 - DELHI HIGH COURT - FEMA

Gautam Khaitan & Another Versus Union of India And Another

Attachment of property - Money laundering Act - whether provisional attachment of the properties in issue, could have been passed without a charge sheet having been filed under Section 173 of the Cr.PC qua the scheduled offences. - breach of principl.....


13

2015 (5) TMI 874 - ITAT HYDERABAD - Wealth tax

Hyderabad Bottling Co. Limited Versus Asst. Commissioner of Income Tax, Circle-2 (2) , Hyderabad

Exemption claim - Urban land - assessee submitted that since the property in question is not a vacant land but there was a building under construction over the said land, it cannot be treated as urban land u/s. 2(ea)(v) - Failure to furnish document.....


14

2015 (5) TMI 873 - DELHI HIGH COURT - Income Tax

Director of Income Tax- Delhi Versus M/s. Lufthansa Cargo India

Liability to deduct tds - agreements between the assessee and non-residents are not fee for technical services within the meaning of Section 9(1)(vii) so as to oblige the assessee to deduct tax at source under Section 195 as held by ITAT - Held that:.....


15

2015 (5) TMI 872 - PUNJAB & HARYANA HIGH COURT - Income Tax

State Bank of Patiala Versus Commissioner of Income Tax & another

Reopening of assessment - whether the ATM is a computer or ought to be treated as normal plant and machinery, attracting different rates of depreciation? - Held that:- When the returns for the subsequent years were processed, the AO had disallowed th.....


16

2015 (5) TMI 871 - DELHI HIGH COURT - Income Tax

Ferrous Infrastructure Pvt. Ltd. & Another Versus Deputy Commissioner of Income Tax

Reopening of assessment - absence of reasons recorded prior to the issuance of notice under Section 148 and the objections furnished by the petitioners to the Section 148 notice had not been disposed of by a separate speaking order prior to the re-as.....


17

2015 (5) TMI 870 - RAJASTHAN HIGH COURT - Income Tax

Commissioner of Income Tax, Udaipur Versus The Udaipur Central Cooperative Bank Ltd.

Penalty u/s 271(1)(c) - claim of deduction under Section 80-P(2)(d) - Held that:- In the case in hand the applicant submitted the revised return and on basis of that tax was recovered. True it is, at the fist instance the assessee claimed exemption a.....


18

2015 (5) TMI 869 - PUNJAB & HARYANA HIGH COURT - Income Tax

The Commissioner of Income Tax, Faridabad Versus M/s Carrier Air-Conditioning and Refrigeration (Formerly known as Aircon Limited)

Disallowance of warranty provision - whether ITAT was right in law in treating provision for warranty in the present case as an ascertained liability, despite failure on part of the assessee to establish historical or scientific basis of arriving at .....


19

2015 (5) TMI 868 - PUNJAB & HARYANA HIGH COURT - Income Tax

Commissioner of Income Tax, Patiala Versus Nachhattar Singh & others

Arrears of income tax - Attachment of accounts and money in these accounts was appropriated towards arrears of income tax - Whether the civil suit filed by the plaintiff/respondent was not barred under Section 293 of the Income Tax Act? - Held that:-.....


20

2015 (5) TMI 867 - GUJARAT HIGH COURT - Income Tax

Commissioner of Income Tax Versus Co-Operative Bank of Rajkot Ltd

Amortization of premium paid on investments under "held to maturity category" - ITAT holding that the same is revenue expenditure in nature - held that:- The identical question came to be considered by in the case of Rajkot Dist.Co-op. Bank Ltd. [201.....


21

2015 (5) TMI 866 - PATNA HIGH COURT - Income Tax

Commissioner of Income Tax-1, Patna, Assistant Commissioner of Income Tax Circle-II, Patna Versus Alken Laboratories Ltd, Exhibition Road, Patna

10% disallowance of the expenditure on doctors - CIT(A) deleted the addition as confirmed by ITAT - Held that:- The Tribunal has agreed with the detailed reasoning given by the CIT (Appeals) for deleting the disallowance. Upon a consideration of the .....


22

2015 (5) TMI 865 - ITAT DELHI - Income Tax

M/s Bharti Airtel Ltd. Versus Commissioner of Income Tax, New Delhi

Revision u/s 263 - AO failed to examine the taxability of the difference between the cost of the assets and fair value of the assets transferred to BIL, shown directly credited to the ‘Reserves for Business Restructuring’ by the assessee company in i.....


23

2015 (5) TMI 864 - ITAT KOLKATA - Income Tax

I.T.O., Ward-57 (3) Kolkata Versus Earnest Towers (P) Ltd.

TDS u/s 194I - Premium for acquiring leasehold rights for the leased plot - whether falls within the purview of sub clause (i) of explanation to sec. 194I which specifies the meaning of the term ‘rent’? - whether payment of premium was for acquisiti.....


24

2015 (5) TMI 863 - ITAT DELHI - Income Tax

Association of State Road Transport Versus CIT- V New Delhi

Revision u/s 263 - DIT(E) erred in holding that Receipts of appellant from Test Laboratory Services and Consultancy Services do not fall within the ambit of Section 2(15) of the Income Tax Act - appellant is not eligible for claiming exemption u/s 1.....


25

2015 (5) TMI 862 - ITAT DELHI - Income Tax

Income Tax Officer (E) , Trust Ward-III, Aayakar Bhavan, Laxmi Nagar, Delhi Versus Delhi Bureau of Text Books

Benefit of Section 11 - whether Registration U/S 12A does not automatically guarantee exemption from income tax U/S 11 of the Act? - whether registration has been granted u/s. 12A of the I.T. Act, AO cannot override exemption while passing the assess.....


26

2015 (5) TMI 861 - ITAT HYDERABAD - Income Tax

Zuari Cement Limited Versus Dy. Commissioner of Income Tax, TIRUPATI

Disallowance of Community Development Expenses - Held that:- It is not proper to disallow the entire amount on the basis of non-availability of few vouchers even though assessee has provided evidence by way of ledger accounts and payment details. AO .....


27

2015 (5) TMI 860 - ITAT CHENNAI - Income Tax

M/s. SPB Projects and Consultancy Ltd. Versus Commissioner of Income Tax, Chennai-VI, Chennai

Revision u/s 263 - assessee has made only provision for doubtful debt and has not made a write off - Held that:- The details called for by the Assessing Officer were furnished by the assessee and such details were accepted by the Assessing Officer an.....


28

2015 (5) TMI 859 - ITAT MUMBAI - Income Tax

Mumbai Metropolitan Region Development Authority Versus Director of Income Tax

Withdrawal of registration u/s. 12A - legal consequence/s of the applicability of proviso to section 2(15) on the registration of an entity as a charitable institution - Held that:- The language of proviso to section 2(15) extends to any activity tha.....


29

2015 (5) TMI 858 - ITAT PUNE - Income Tax

Keihin FIE Private Limited Versus Asstt. Commissioner of Income Tax, Circle- 9, Pune.

Determination of arm's length price of international transactions - ‘Export of components and parts’ made by the assessee to its associated enterprises - CIT(A) deleted the addition on the ground that the TPO wrongly compared the tested transactions .....


30

2015 (5) TMI 857 - ITAT PANAJI - Income Tax

Ryatar Sahakari Sakkare Karkhane Niyamit Versus ACIT, Cir-1, JCIT, Cir-1, Bijapur, Income Tax Officer

Condonation of delay - Disallowance made u/s40(a)(ia) r.w.s 194C - Charging of interest u/s. 201(1)/(1A) - Held that:- In the instant case the assessee society is registered under the Karnataka Co-operative Societies Act 1959. The assessee society’s .....


31

2015 (5) TMI 856 - ITAT DELHI - Income Tax

DCIT, Central Circle-08, New Delhi Versus M/s. NIIT Ltd.

Eligibility of deduction u/s 10B - whether the three units of the assessee company namely NIITITES, NIIT-KTWO and NIIT-Mumbai are separate 100% EOUs of the assessee company ? - Held that:- Each of the three undertakings had been separately and indepe.....


32

2015 (5) TMI 855 - ITAT CHANDIGARH - Income Tax

DSM Anti-Infectives India Ltd. Versus The Addl CIT, Range-1, Chandigarh

Rectification of mistake - Issue of guarantee by DSM Finance B.V.- Held that:- It is respectfully submitted that the appellant enjoyed significant savings interest cost due to the guarantee provided by the associated enterprise against the LC facilit.....


33

2015 (5) TMI 854 - GAUHATI HIGH COURT - Income Tax

The Commissioner of Income Tax Versus Fantastic Buildcon Pvt. Ltd.

Suppression of income - sale price shown in the sale deed of the private respondent at ₹ 800/- per square feet is deliberately undervalued - Tribunal deleted the addition - Held that:- Considering appellant submition that the statement of the a.....


34

2015 (5) TMI 853 - KARNATAKA HIGH COURT - Income Tax

The Director of Income-tax, Exemption, Bangalore Versus Kodava Samaja

Registration as a Charitable Trust under Section 12A cancelled - whether running of Bar/Restaurant renting out of rooms to its members/guests and letting out choultry on commercial basis are not charitable activities ? - Held that:- Registration gran.....


35

2015 (5) TMI 852 - ITAT DELHI - Income Tax

Mitsubishi Corporation India Private Limited Versus DCIT, Circle 16 (2) , New Delhi

Transfer pricing adjustment - addition on Service fee received - Held that:- The assessee simply rendered agency services under this segment by co-ordinating between customers and its AEs. By no standard, the assessee can be said to have dealt with t.....


36

2015 (5) TMI 851 - ITAT DELHI - Income Tax

Income Tax Officer, Ward 37 (2) , New Delhi Versus Mr. Akshay Bhardwaj

Disallowance of exemption claimed u/s 10B - CIT(A) deleted the additions - Held that:- The facts of the present case are similar to the facts in the case of ITO Vs Efextra Esolutions Pvt. Ltd., New Delhi (2012 (8) TMI 895 - ITAT DELHI), which the ld......


37

2015 (5) TMI 850 - ITAT DELHI - Income Tax

M/s Kailash Jewels Pvt. Ltd. Versus ITO Ward-14 (1) , New Delhi

Validity of transfer pricing adjustment - whether income of the assessee holding that the assessee’s calculation of 4.84% of (profit before tax)/total cost is window dressed? - AO/DRP international transaction entered into by the assessee for the pur.....


38

2015 (5) TMI 849 - ITAT DELHI - Income Tax

Assistant CIT, Central Circle-5, New Delhi Versus Gee Ispat Pvt. Ltd.

Addition on undisclosed GP rate - suppressed sales assumed on the basis of a diary seized from third party - CIT(A) restricted part addition - whether the documents seized during the course of search and the statements recorded during search and post.....


39

2015 (5) TMI 848 - ITAT KOLKATA - Income Tax

Garden Reach Shipbuilders & Engineers Ltd. Versus Commissioner of Income-tax, Kol-1, Kolkata

Revision u/s 263 - AO has omitted to disallow unpaid excise duty resulting in under assessment of tax - Held that:- The assessee explained before the CIT that there is no fresh provision made in respect of unpaid excise duty of ₹ 35.43 lacs. Ev.....


40

2015 (5) TMI 847 - ITAT CHENNAI - Income Tax

The Assistant Commissioner of Income Tax, Tiruchirappalli. Versus Shri S.P. Chokalingam

Undisclosed investment in the money lending business - CIT(A) deleted the addition - Held that:- A bare reading of the assessment order shows that the Assessing Officer accepted the computation made by the assessee with regard to the outstanding amo.....


41

2015 (5) TMI 846 - ITAT DELHI - Income Tax

Income Tax Officer, Ward 4 (5) , New Delhi Versus Sh. Mahesh Chand Sharma, Prop. Jai Trading Company, C/o M/s Priya International and M/s Jai Trading Company

Rejection of books of accounts - AO applying the net profit rate of 1.25% - Held that:- It is an admitted fact that the AO had not pointed out any specific defect in the books of accounts maintained by the assessee in the regular course of business. .....


42

2015 (5) TMI 845 - ITAT DELHI - Income Tax

M/s Sunrays Properties & Investment Co. Pvt. Ltd. Versus. Income-tax Officer, Ward 9 (3) , New Delhi.

Reopening of assessment - Held that:- We find that notice u/s 148 had been issued primarily on the basis of information received from Investigation Wing of department regarding accommodation entries received from M/s Garg Finvest (P) Ltd. amounting t.....


43

2015 (5) TMI 844 - ITAT KOLKATA - Income Tax

Income Tax Officer, Ward-1 (1) , Kolkata Versus M/s. Amba High-Rise Pvt. Limited

Interest received from Bank deposits to the extent as income from other sources.- CIT(A) deleted the addition - Held that:- The income from interest by the assessee since is assessable separately under the head “income from other sources”, therefore.....


44

2015 (5) TMI 843 - ITAT KOLKATA - Income Tax

Coal India Limited Versus Addl. C.I.T., Range-5, Kolkata

Disallowance u/s 14A - Held that:- The contention put forth by the ld. AR that it had earned dividend income of ₹ 262907.86 lakhs without incurring any expenses does not convince us at all. The term ‘expenditure’ as per section 14A would includ.....


45

2015 (5) TMI 842 - CESTAT AHMEDABAD - Service Tax

The Gujarat Tea Depot Co. Versus C.S.T. -Service Tax, Ahmedabad

CENVAT Credit - input services - whether Packaging Services, Security Services, Telephone Services & Chartered Account Services would be considered as input services for of Lending of trademark to others - Payment of service tax on royalty received a.....


46

2015 (5) TMI 841 - CESTAT AHMEDABAD - Service Tax

M/s. Dic Fine Chemicals Pvt. Limited Versus Commissioner of Central Excise & S.T., Vadodara

Denial of refund claim - Bar of limitation - Determination of relevant date for filing refund claim - Held that:- Regarding the relevant date for deciding the refund claim on limitation, the issue is no more res-integra as the Hon'ble Delhi High Cour.....


47

2015 (5) TMI 840 - CESTAT MUMBAI - Service Tax

Commissioner of Central Excise & Customs, Nagpur Versus Noble Grains India Pvt Ltd

Refund claim - jurisdiction of sanctioning such refund - Export made from Akola factory - Revenue contends that jurisdiction of sanctioning such refund would arose only at Indore Commissionerate as the documents i.e., export documents were prepared f.....


48

2015 (5) TMI 839 - DELHI HIGH COURT - VAT and Sales Tax

COMMISSIONER OF VALUE ADDED TAX Versus M/s ABHISHEK ELECTRICALS

Validity of Tribunal's order - Allowing of objection after lapse of 8 months - Where on the expiry of time specified in section 74(7) of the Delhi Value Added Tax Act, 2004 the Commissioner has not exercised either of the options set out in section 7.....


49

2015 (5) TMI 838 - DELHI HIGH COURT - VAT and Sales Tax

ITD-ITD CEM JV Versus COMMISSIONER OF TRADE AND TAXES

Validity of assessment notice issued - Bar of limitation - Section 34 - Held that:- Preconditions for invoking the extended period are that the Commissioner should record reasons to believe that the tax has not been paid and that the reason for non p.....


50

2015 (5) TMI 837 - GUJARAT HIGH COURT - Central Excise

Premier Polyspin Pvt Ltd & 1 Versus Union of India & 2

Stay application - Mandatory pre deposit - Section 35F - Held that:- During the pendency of proceedings or after the order passed by the adjudicating authority, if the law is amended and a condition of pre-deposit is also amended in Section 35F of th.....


51

2015 (5) TMI 836 - GUJARAT HIGH COURT - Customs

VEER IMPEX Versus UNION OF INDIA & 2

Duty drawback - Circular No.1/2011-Customs dated 4.11.2011 and Circular No.30/2013-Customs dated 5.8.2013 - Under weighing of goods - Held that:- Circulars require exporter to execute a bond of an amount equal to the value of goods and furnish approp.....


52

2015 (5) TMI 835 - DELHI HIGH COURT - Customs

M/s S.S. Automotive Pvt Ltd Versus Additional Commissioner, Custom (Export Shed) , ICD, TKD

Non release of goods - Bank guarantee already furnished - Non adjudication of SCN alleging overvaluation - Held that:- Respondent needs to quickly close the proceedings and adjudicate upon the show cause notice dated 05.11.2013. The petitioner's cont.....


53

2015 (5) TMI 834 - GUJARAT HIGH COURT - Customs

M/s RY Midas Metacast Pvt Ltd & 1 Versus Union of India & 3

Import of aluminum waste and scrap to manufacture of circles and tubes - Exemption of customs duty - Notification No.12/2012 – Held that:- So far as the circle is concerned, this objection was raised by the Revenue in the very first assessment order.....


54

2015 (5) TMI 833 - DELHI HIGH COURT - Corporate Laws

In Re : Philco Overseas Limited with Superfreeze India Limited

Application for proposed scheme of Amalgamation - Dispensation of requirement of convening the meetings of their equity shareholders, secured and unsecured creditors - Held that:- All the equity shareholders / secured creditors or unsecured creditors.....


55

2015 (5) TMI 832 - DELHI HIGH COURT - Corporate Laws

In Re : Eros Resorts and Hotels Limited and Eros Grand Resorts & Hotels Private Limited

Application for Scheme of Arrangement under Sections 391(2) and 394 read with Section 100 of the Companies Act, 1956 - Held that:- The Chairpersons of the ordered meetings of the secured and unsecured creditors of the demerged company have filed the.....


56

2015 (5) TMI 831 - ANDHRA PRADESH HIGH COURT - Misc

M/s. Satty & Associates Versus Joint Commissioner (CT) Enforcement Wing, Hyderabad

Imposition of tax on horseracing / betting - powers of Commercial Tax Department - Seizure of books of accounts - Scope of Hyderabad Horse Racing and betting Tax Regulation of 1358 F., (for short the Regulations which are framed in the erstwhile Hyd.....


57

2015 (5) TMI 830 - KERALA HIGH COURT - Income Tax

AM ABOOBACKER Versus THE INCOME TAXOFFICER, WARD2 (2) ERNAKULAM

Unexplained investment under Section 69 - Held that:- Tribunal was fully justified in upholding the conclusion of the lower authorities that the explanation of the appellant in so far as the investment in question was totally unsatisfactory and in su.....


58

2015 (5) TMI 829 - DELHI HIGH COURT - Income Tax

DIRECTOR OF INCOME TAX -I Versus ERICSSON AB

Reopening of assessment - CIT (Appeals) did not offer any opportunity to the assessee to make submissions with respect to the materials obtained from the survey and unilaterally rendered findings - Held that:- Having primarily recorded that the CIT .....


59

2015 (5) TMI 828 - CALCUTTA HIGH COURT - Income Tax

COMMISSIONER OF INCOME TAX, KOLKATA-IV, KOLKATA Versus HK FINANCERS PRIVATE LIMITED

Share transactions - Capital gain or business income - Held that:- Keeping in view of the fact that the assessee has shown the shares which are declared by him either long term or short term capital gains in the investment portfolio and there is no d.....


60

2015 (5) TMI 827 - CALCUTTA HIGH COURT - Income Tax

COMMISSIONER OF INCOME TAX, KOL-IV, Kol. Versus M/s. SOM DUTT BUILDERS PVT. LTD.

Entitlement to deduction under section 80HHBA - sale of scrap - Held that:- As relying on Fenner (India) Ltd. Versus CIT (No. 2) [1998 (4) TMI 67 - MADRAS High Court] the scrap materials come within the manufacturing process of the industrial underta.....


61

2015 (5) TMI 826 - BOMBAY HIGH COURT - Income Tax

The Commissioner of Income Tax – 15 Mumbai Versus Income Tax Settlement Commission Additional Bench, M/s. Rasiklal Kantilal & Co.

Validity of prima facie conclusions of the Settlement Commission - bogus purchases - revenue alleges that the disclosure was not full and true - order of the Settlement Commission not declaring the application of the Assessee firm as invalid under se.....


62

2015 (5) TMI 825 - BOMBAY HIGH COURT - Income Tax

The Commissioner of Income Tax -10 Versus Hercules Hoists Ltd.

Loss incurred in business of power generation entitled to deduction u/s 80 IA - whether can be set off against business income from manufacturing unit ignoring the provision of section 80-IA(5)? - Held that:- No reason in our referring to the legisl.....


63

2015 (5) TMI 824 - GUJARAT HIGH COURT - Misc

STATE OF GUJARAT Versus VINAYKUMAR MAGANBHAI VARIA & 3

Liability to pay compensation - motor vehicle accident - whether once the vehicle was insured, the Government would not be liable to pay the compensation? - Held that:- As per the evidence placed before the Tribunal, no proof was produced to effect t.....


64

2015 (5) TMI 823 - BOMBAY HIGH COURT - Income Tax

The Commissioner of Income Tax, Mumbai Versus M/s JSW Energy Ltd.

Disallowance u/s 14A - Tribunal setting aside and restoring back the issue to the file of the AO for denovo adjudication by relying on the judgment of M/s. Godrej & Boyce Mfg. Co. Ltd [2010 (8) TMI 77 - BOMBAY HIGH COURT] - Held that:- The tribunal d.....


65

2015 (5) TMI 822 - MADRAS HIGH COURT - Income Tax

The Commissioner of Income Tax, Chennai Versus M/s. Light Alloy Products Ltd

Eligibility of Deduction u/s 80IB - profits derived from industrial undertaking on job work contract - whether sub-section (13) of Section 80IA can be made applicable in respect of a claim made by the assessee in terms of Section 80IB? - Held that:- .....


66

2015 (5) TMI 821 - ITAT DELHI - Income Tax

Toshiba India (P) Ltd. New Delhi Versus DCIT, Circle 25 (1) & 25 (2) , New Delhi

Transfer pricing adjustment - Advertising, Marketing and Promotion (AMP) expenses - Held that:- No detail of the AMP functions performed by the assessee is available on record. Similarly, there is no reference in the order of the TPO to any AMP funct.....


67

2015 (5) TMI 820 - ITAT DELHI - Income Tax

Nokia India Pvt. Ltd. Versus Dy. Director of Income-tax, Cir. 2 (1) , International Taxation, New Delhi.

Remittances made by NIPL to Nokia Corporation for software downloads are 'sums chargeable to Tax' as laid down in S 195 - whether NIPL can be held to be an "assessee in default" for non-deduction of tax thereon as per law - validity of survey - deni.....


68

2015 (5) TMI 819 - ITAT AHMEDABAD - Income Tax

The Deputy Commissioner of Income-tax, Circle-9, Surat Versus M/s. D. Nitin & CO.

Penalty u/s. 271(1)(c) - failure to produce certain primary records exhibiting how much rough diamonds were finally converted into polished diamonds, and how one can establish the quality and size - Held that:- stand of the assessee is that it has be.....


69

2015 (5) TMI 818 - ITAT AHMEDABAD - Income Tax

Rentex Weavers Ltd, Previously known as Kalpesh Investment Ltd. Versus Commissioner of Income-tax, Ahmedabad-III

Revision u/s 263 - directing AO to treat income from sale of shares as business income instead of income from short term capital gains - Held that:- Perusal of the questionnaire as well as reply given by the assessee exhibits that Assessing Officer h.....


70

2015 (5) TMI 817 - ITAT HYDERABAD - Income Tax

The Income Tax Officer, Ward-5 (1) , HYDERABAD Versus Sri Khalid Bin Mahfooz Ahmed

Unaccounted cash credit - CIT(A)'s appreciating the fact that the assessee's credit card statements do not show any entry of credit card swiping for cash withdrawals - Uaaccounted credit card swiping for cash withdrawal - peak credit benefit to the a.....


71

2015 (5) TMI 816 - ITAT DELHI - Income Tax

Pride Offshore International LLC (presently known as Ensco Offshore International Taxation, International LLC) , Versus Addl. DIT Aayakar Bhawan, New Delhi

Eligibility for benefit of section 44BB denied - AO treated the payment received by the assessee from leasing of oil drilling rig as royalty as per Article 12 of India- USA DTAT - Held that:- There is no dispute that the contract entered into by the .....


72

2015 (5) TMI 815 - ITAT DELHI - Income Tax

M/s Marvel Tea Estate (I) Ltd. and M/s Marvel Chemicals (I) Ltd., (Now Renamed as Marvel Global Ltd.) Versus DCIT, Central Circle Karnal

Penalty u/s 271(1)(c) - Held that:- From the aforesaid observation of the AO, it is clear that whatever was added that was the result of investigation carried out by the Investigation Wing of the Department. However, the AO during the course of regul.....


73

2015 (5) TMI 814 - ITAT DELHI - Income Tax

JK Education Samiti Versus CIT, Rohtak

Refusal for granting registration u/s 12A(1)(aa) - Held that:- It is an undisputed fact that assessee is running educational institution as is apparent from the assessment order of earlier years and moreover the object clause as suggests that assesse.....


74

2015 (5) TMI 813 - ITAT CHENNAI - Income Tax

M/s. General Machinery Spares Corporation Versus Income Tax Officer, Ward- III (4) , Chennai

Revision u/s 263 - examination of sale of property and genuineness of long term capital gains - Held that:- The details called for by the Assessing Officer were furnished by the assessee and such details were accepted by the Assessing Officer and in .....


75

2015 (5) TMI 812 - ITAT CHENNAI - Income Tax

M/s. Best Corporation Pvt. Ltd. Versus Joint Commissioner of Income Tax, Tirupur Range, Tirupur.

Disallowance of deduction under section 80IA - sale of carbon credit, TUF interest subsidy receipt and generation loss compensation receipt - Held that:- As relying on case of C.N.V Textiles Pvt. Ltd., Vs. DCIT [2015 (5) TMI 808 - ITAT CHENNAI] we ho.....


76

2015 (5) TMI 811 - ITAT CHENNAI - Income Tax

The Deputy Commissioner of Income Tax, Chennai Versus M/s. Adventnet Development Centre India P. Ltd.

Exemption u/s 10A - Treatment to foreign exchange rate gain on packing credit foreign currency loan - income from other sources OR income from business for the purpose of computing deduction under section 10A - Held that:- On going through the order .....


77

2015 (5) TMI 810 - BOMBAY HIGH COURT - Income Tax

The Commissioner of Income Tax-5, Versus M/s Essar Teleholdings Ltd.

Disallowance u/s 14A - restoring back the issue to the file of AO for de novo adjudication in light of the provisions of Rule 8D - ITAT deleting the addition made by the AO u/s 14A for the purpose of computing book profit u/s 115JB(f) - Held that:- .....


78

2015 (5) TMI 809 - ITAT CHENNAI - Income Tax

P.K. Ganeshwar Versus The Asstt. Commissioner of Income-tax Circle I Tirupur

Disallowance from the sale of carbon credit u/s 80lA - sale of carbon credit - Held that:- There is no dispute about the nature of receipts arising from sale of carbon credits as the decision of My Home Power Ltd vs DCIT (2012 (11) TMI 288 - ITAT HYD.....


79

2015 (5) TMI 808 - ITAT CHENNAI - Income Tax

M/s C.N.V. Textiles Pvt. Ltd. Versus The Dy. Commissioner of Income-tax Company Circle Tirupur

Disallowance of deduction under section 80IA - sale of carbon credit, TUF interest subsidy receipt and generation loss compensation receipt - Held that:- Co-ordinate bench of the 'tribunal' in P.K.Ganeshwr vs ACIT [2015 (5) TMI 809 - ITAT CHENNAI] h.....


80

2015 (5) TMI 807 - CESTAT BANGALORE - Service Tax

Visakhapatnam Stevedores Association Versus Commissioner of Central Excise, Customs And Service Tax, Visakhapatnam-I

Manpower Recruitment and Supply service - principle of mutuality - Invocation of extended period of limitation - Held that:- issue is prima facie covered by the Gujarat High Court [2013 (7) TMI 510 - GUJARAT HIGH COURT] and Jharkhand High Court [2012.....


81

2015 (5) TMI 806 - CESTAT NEW DELHI - Service Tax

M/s Shree Venkatesh Medical Agencies Versus Commissioner of Central Excise And Service Tax, Raipur

Demand of service tax - Invocation of extended period of limitation - Held that:- Revenue has not filed any appeal against the impugned Order-in-Appeal for dropping the penalty under Section 78 ibid. The period involved in this case is October, 2002 .....


82

2015 (5) TMI 805 - CESTAT MUMBAI - Service Tax

Reach Network India Pvt Ltd Versus Commissioner of Service Tax, Mumbai-II

Waiver of pre deposit - Online Information and Database Access and/or Retrieval Services - Held that:- Inter-connection charges paid by one ISP to another ISP are not liable to service tax - on 01.05.2006, appellant on their own, to avoid any further.....


83

2015 (5) TMI 804 - ANDHRA PRADESH HIGH COURT - VAT and Sales Tax

M/s. K.G.F. Cottons (P) Ltd. Versus The Assistant Commissioner (CT) LTU, O/o The Dy. Commissioner (CT) ,

Levy of purchase tax u/s 4 - agriculture product processors i.e. (1) rice millers, or (2) dhal millers, or (3) soyabean oil millers, or (4) cotton millers - whether in the nature of levy on farmers - Held that:- Notwithstanding the goods being "tax.....


84

2015 (5) TMI 803 - SUPREME COURT OF INDIA - Customs

Commnr. of Customs, Mumbai Versus M/s. A.S. Moloobhoy & Sons & Ors.

Duty demand - Invocation of extended period of limitation - Held that:- The limitation, at the relevant time, for issuance of show cause notice was six months. It is therefore clear that in terms of Section 28 of the Customs Act, 1962, the show cause.....


85

2015 (5) TMI 802 - CALCUTTA HIGH COURT - Customs

M/s. Nepa Agency Co. Pvt. Ltd & Anr Versus Union of India & Ors.

Suspension of license - Lending of license to other person - Smuggling of cigarettes in the name of import of dining sets - Held that:- The power under Article 226 of the Constitution of India is an extraordinary power and should be exercised by the .....


86

2015 (5) TMI 801 - DELHI HIGH COURT - Customs

TNT INDIA PRIVATE LIMITED Versus UNION OF INDIA & ANR.

Imposition of penalty u/s 112 - Confiscation of goods - Jurisdiction of Commissioner - Held that:- After adjudication had taken place on the show cause notice dated 15.01.2013; which, called upon the petitioner to, inter alia, render explanation vis-.....


87

2015 (5) TMI 800 - MADRAS HIGH COURT - Customs

Commissioner of Customs (Import) , Custom House Versus M/s. Billiards Point, Hon'ble Customs, Excise and Service Tax Appellate Tribunal

Imports in violation of the Exim Policy - Deterrent penalty - Tribunal set aside penalty - Non speaking order - Held that:- Goods were contracted and shipped on 01.08.2004, i.e., when the import of second-hand machinery was not permitted. However, th.....


88

2015 (5) TMI 799 - CALCUTTA HIGH COURT - Corporate Laws

STARLIGHT REAL ESTATE (ASCOT) MAURITIUS LIMITED & ANR. Versus JAGRATI TRADE SERVICES PRIVATE LIMITED & ORS.

Challenge of Award passed in arbitration proceeding by a third party - It is settled law that what cannot be done directly cannot be permitted to be done indirectly - It is submitted that Arbitration is a creation of statute and not a Common Law righ.....


89

2015 (5) TMI 798 - CALCUTTA HIGH COURT - Corporate Laws

Maheshwary Ispat Limited Versus Tata Capital Financial Services Limited

Default in repayment of financial assistance - Winding up application filed - Company praying for modification of the order of disposal - Court said that the Order of admission of winding up is hanging as a sword on their shoulder. Little respite, th.....


90

2015 (5) TMI 797 - CALCUTTA HIGH COURT - Income Tax

SAARTHAK VANIJYA INDIA LTD. & ANR. Versus THE CHIEF COMMISSIONER OF INCOME TAX, KOLKATA - I, KOLKATA & ORS.

Validity of transfer order - Held that:- From the records produced by the respondent, it appears that a notice dated 13.10.2014 was sent to the petitioner at the address recorded in the official register but came back undelivered with the remarks ‘no.....


91

2015 (5) TMI 796 - CALCUTTA HIGH COURT - Income Tax

HUTCHISON TELECOM EAST LTD. Versus COMMISSIONER OF INCOME TAX, TDS KOLKATA

TDS 194H - commission or discount - discount allowed by the appellant to the distributors in respect of starter packs and recharge coupons for its prepaid service - whether amounted to payment by the appellant of commission or brokerage within the me.....


92

2015 (5) TMI 795 - CALCUTTA HIGH COURT - Income Tax

CESC LTD. Versus C.I.T. – II, KOLKATA

Applicability of Section 43B - electricity duty collected by the assessee-company as licensee, on behalf of the State Government - Held that:- The electricity duty, not being a sum payable by the assessee as a primary liability by way of tax, duty, c.....


93

2015 (5) TMI 794 - CALCUTTA HIGH COURT - Income Tax

COMMISSIONER OF INCOME TAX, KOLKATA-III, KOLKATA Versus MERLIN HOLDING PRIVATE LIMITED

Short term capital gain v/s business income - Whether Tribunal below committed substantial error of law by not analyzing the facts of the instant case to determine whether the income of the assessee was required to be treated as income from business .....


94

2015 (5) TMI 793 - CALCUTTA HIGH COURT - Income Tax

Commissioner of Income Tax, Kolkata-XIX Versus M/s Golden Corporation Services

Condonation of delay - Held that:- In the case before us a final opinion on the question is not essential because the appeal, in this case filed in the year 2010, was a still born appeal because it was barred by limitation. The appellant did not even.....


95

2015 (5) TMI 792 - DELHI HIGH COURT - Income Tax

COMMISSIONER OF INCOME TAX DELHI CENTRAL-III Versus VISHAN DAS AND OTHERS

Interest added under Section 245D(2C) cancelled by ITAT - Held that:- Question of levying any additional interest over and above what is permissible under Chapter XIX-A would not arise in the given circumstances of the case.

Concededly at .....


96

2015 (5) TMI 791 - DELHI HIGH COURT - Income Tax

THE LIQUIDATOR POLYMERLAND INDIA P. LTD. Versus THE DEPUTY COMMISSIONER OF INCOME TAX

Deemed accrual of interest - Tribunal held that the interest had accrued to the assessee and hence was assessable to tax in the hands of the Appellant - Held that:- The judgment Shoorji Vallabhdas & Co. (1962 (3) TMI 6 - SUPREME Court) has been recen.....


97

2015 (5) TMI 790 - DELHI HIGH COURT - Income Tax

Schneider Electric India Pvt Ltd Versus Deputy Commissioner of Income Tax Circle-7 (1) , New Delhi

Extension of stay - Held that:- The learned counsel for the petitioner has placed before us several orders passed by this court, whereby this Court has extended the stay initially granted by the Tribunal till the disposal of the appeal by the Tribuna.....


98

2015 (5) TMI 789 - CALCUTTA HIGH COURT - Income Tax

STEWART HOLL (INDIA) LTD. Versus COMMISSIONER OF I. TAX, KOLKATA – II

Deduction under Section 33AB - income from tea purchased by the appellant and blended with the tea, manufactured by it - whether AO's order applying claim as erroneous and prejudicial to the interest of Revenue - revision u/s 263 - Held that:- As dec.....


99

2015 (5) TMI 788 - ITAT LUCKNOW - Income Tax

Asst. CIT, Range IV, Lucknow Versus M/s Madhyanchal Vidyut Vitran Nigam Ltd.

Disallowance of transmission charges paid to U.P. Power Corporation Limited - non-deduction of TDS under section 194J - Held that:- Assessee-company is making payment of transmission charges to the transmission company in consideration of availing th.....


100

2015 (5) TMI 787 - ITAT MUMBAI - Income Tax

Muchhala Magic Pvt. Ltd. Versus Dy. CIT-8 (2) , Mumbai

Disallowance of cash expenditure u/s. 40A(3) - Held that:- The disallowance is attracted with reference to the mode of payment, and not for the expenditure per se. In the instant case, however, the assessee claims to have paid directly to the staff o.....


101

2015 (5) TMI 786 - ITAT PUNE - Income Tax

Intervalve (India) Ltd. Versus Addl. Commissioner of Income Tax, Range – 1, Pune

Disallowance of entrance fee for membership of ‘business club’ - revenue v/s capital exoenditure - Held that:- When two divergent views are available on the same issue, the view favourable to the assessee has to be followed in view of the decision of.....


102

2015 (5) TMI 785 - ITAT DELHI - Income Tax

Mrs Ritu Parwal Versus DCIT, Circle 26 (1) , New Delhi

Undisclosed Short Term Capital Gain from sale of shares - Held that:- The arguments of the learned Authorized Representative that the appellant had not sold the property cannot be accepted since it is judicially well known that in the case of a compa.....


103

2015 (5) TMI 784 - ITAT KOLKATA - Income Tax

I.T.O., Ward-9 (2) Kolkata Versus Gautam Roadways (P) Ltd.

Disallowance u/s 40(a)(ia) - non deduction of tds on payment against freight charges against form 15-I - Held that:- Once the specified forms have been collected under Rule 29D(4)(ii) by the assessee even if the same is not submitted to the CIT for .....


104

2015 (5) TMI 783 - ITAT MUMBAI - Income Tax

Gunapal Shetty And Others Versus Asstt. Commissioner of Income Tax, Central Circle -34, Mumbai And Others

Penalty levied u/s 271(1)(c) - CIT(A) deleted penalty levy - short term capital gain treated as income from other sources - Held that:- There is no dispute that after the search, additional income was offered at ₹ 1,50,000/- and long term capit.....


105

2015 (5) TMI 782 - ITAT HYDERABAD - Income Tax

ACIT, Circle-1 Warangal And Others Versus Mr. Y. Radhakrishna, Warangal And Others

Trading addition - estimating income from business of contracting by applying a net profit rate of 10% - CIT(A) allowed part relief - Held that:- The relevant bills/vouchers to support and substantiate his claim for various expenses could not be prod.....


106

2015 (5) TMI 781 - ITAT MUMBAI - Income Tax

Indian Aluminium Company Ltd. Versus Asst. CIT 6 (3) Mumbai

Refund granted by the department - Interest due to part refund - Interest on Interest - Held that:- As admitted by the leaned counsel and also that, similar ground have been raised in A.Y. 1996-97, wherein this issue has been decided against the asse.....


107

2015 (5) TMI 780 - ITAT MUMBAI - Income Tax

Goldman Sachs Services Pvt. Ltd. Versus Income Tax Officer, Ward 10 (3) (3) , Mumbai

Transfer pricing adjustment - wrong selection of comparable - Held that:- Since we have excluded Excel Infoways Ltd from the final list of comparables as having low employees ratio to sales, the average of the comparables of the remaining companies a.....


108

2015 (5) TMI 779 - ITAT BANGALORE - Income Tax

M/s. Synopsys International Limited C/o Synopsis (India) Pvt. Ltd. Versus Dy. Director of Income Tax (International Taxation)

Treatment of receipts from Indian customers as Royalty - payments received on sale and marketing of software license to the customers - DTAA between India and Ireland - Held that:- As decided in the case of Samsung Electronics Co. Ltd. & Others ( 201.....


109

2015 (5) TMI 778 - ITAT LUCKNOW - Income Tax

Smt. Rekha Uttam Versus. ACIT Central Circle I Lucknow

Unaccounted cash credit - as per assessee the amount reflects advances received from the customers in respect of supply made to them - CIT(A) confirmed addition - Held that:- Assessee could not place any evidence on record to justify the sales after .....


110

2015 (5) TMI 777 - BOMBAY HIGH COURT - Misc

Sodexo SVC India Private Limited. Versus The State of Maharashtra And Others

Taxability of Sodexo Meal Vouchers - whether in the nature of goods - consumability within the municipal limit is relevant or not - levy of entry tax / octroi duty / Local body tax (LBT) - Paper based vouchers - affiliates are bound to honour voucher.....


111

2015 (5) TMI 776 - CESTAT NEW DELHI - Service Tax

Bharti Airtel Ltd Versus Commissioner of Central Excise, Chandigarh

Denial of refund claim - Unjust enrichment - documents had not been produced to show that the amount charged to the foreign network operator was as per agreement and also to show that no service tax was charged - Held that:- principle of unjust enric.....


112

2015 (5) TMI 775 - CESTAT MUMBAI - Service Tax

First Flight Couriers Ltd Versus Commissioner of Service Tax, Mumbai

Penalty u/s 76 & 78 - short payment of service tax - Held that:- that there is no such allegation on the appellant and the escapement of tax as alleged seems to be short paid due to some mis-calculation. We also find strong force in the contention ra.....


113

2015 (5) TMI 774 - CESTAT MUMBAI - Service Tax

Commissioner of Central Excise, Pune Versus Emerson Innovation Center

Denial of refund claim - Notification No. 5/2006-CE (NT) dated 14/03/2006 - nexus between the exported output service and the input services utilised - Held that:- Nowhere in Rule 5 of the CCR, 2004, is there any condition of establishing a nexus be.....


114

2015 (5) TMI 773 - CESTAT NEW DELHI - Service Tax

Uttam Toyota Versus Commissioner of Central Excise And Service Tax, Ghaziabad

Waiver of pre deposit - Non inclusion of value of spares - Free service during warranty period - Held that:- In the case of free service provided by the applicant on behalf of M/s TKML to the customers of M/s TKML is reimbursing whole of the expenses.....


115

2015 (5) TMI 772 - CESTAT BENGLALORE - Central Excise

R.K.S. Motor (P.) Ltd. Versus Commissioner of Central Excise, Customs & Service Tax, Hyderabad-II

Condonation of delay - Delay of 29 days - Improper advice of legal counsel - Held that:- for the lapse of the advocate or because of the fact that counsel did not advise them suitably, the appellant should not suffer. Therefore we set aside the decis.....


116

2015 (5) TMI 771 - CESTAT BANGALORE - Central Excise

Sagar Cements Ltd Versus Commissioner of Central Excise, Customs And Service Tax, Hyderabad

Waiver of pre deposit - Denial of CENVAT Credit - GTA Service - claim of the appellants is that the CENVAT Credit is taken in respect of cement wherein the appellants bore the freight and supplied the goods at the premises of customers on FOR destin.....


117

2015 (5) TMI 770 - CESTAT CHENNAI - Central Excise

M/s. Tansi Foundry Versus Commissioner of Central Excise, Salem

Denial of SSI exemption - Notification No. 1/93-CE dated 28.02.1993 - appellants had not opted the benefit of exemption in respect of the goods under the sub-heading 7325.10 and paid full duty - Held that:- The appellant contended that they were not .....


118

2015 (5) TMI 769 - CESTAT CHENNAI - Central Excise

M/s. CARESS INDUSTRIES PVT. LTD. Versus COMMISSIONER OF CENTRAL EXCISE, SALEM

Waiver of pre deposit - Classification of goods - Held that:- Prima facie, it appears that the contents of the goods do not substantially contain nitrogen and phosphates. To call the goods as fertilizers, these ingredients substantially dominate. Th.....


119

2015 (5) TMI 768 - KARNATAKA HIGH COURT - Customs

Mangalore Refinery and Petrochemicals Ltd. Versus Commissioner of Customs, Mangalore

Denial of refund claim - Finalization of provisional assessment - Whether the doctrine of unjust enrichment inserted by way of Sub-section (5) of Section 18 of the Act with effect from 13.7.2006 was applicable to refund under Section 18 prior to the .....


120

2015 (5) TMI 767 - BOMBAY HIGH COURT - Customs

Anita Ajay Sharma Versus State of Maharashtra & Ors.

Detention of appellant's husband - Habeus corpus - Prevention from abatement of smuggling - Delay in communicating order to appellant - Held that:- The manner in which the representation of the detenue was dealt with does not in our view comply with .....


121

2015 (5) TMI 766 - DELHI HIGH COURT - Customs

Sanjay Maheshwari Versus Commissioner of Customs (Preventive)

Seizure of Chinese silk - no legal authorization of purchase could be traced - Held that:- Whether the appellant was aware of the fact that he was involved in contraband goods, or was an innocent agent of the real culprit is therefore, a matter of fa.....


122

2015 (5) TMI 765 - DELHI HIGH COURT - Corporate Laws

PANCHAM HOTELS PRIVATE LIMITED Versus REGISTRAR OF COMPANIES

Application under Section 560(6) of the Companies Act, 1956 for restoration of name - Name stuck off due to non-filing of Annual Returns - Initiation of proceedings under Section 560 of the Companies Act, 1956 - Primary responsibility for ensuring th.....


123

2015 (5) TMI 764 - DELHI HIGH COURT - Corporate Laws

IN RE : Efficient Frontier Technology India Private Limited With Adobe Systems India Private Limited

Application for Scheme of Amalgamation under sections 391(2) & 394 of the Companies Act, 1956 - Regional Director's observation regarding all FEMA compliances , Non filing of e-form 32 (DIR 12) regarding regularization of their Additional Director du.....


124

2015 (5) TMI 763 - ALLAHABAD HIGH COURT - Misc

Rita Bagga And 2 Ors. Vs. Union Of India And 6 Ors.

Default in repayment of dues - Account classified as NPA - Notice for possession of property under Section 13(4) of the Act read with Rule 8 and 9 of the Security Interest (Enforcement) Rules, 2002 - Writ jurisdiction in case of Alternate remedy - Th.....


125

2015 (5) TMI 762 - ITAT AHMEDABAD - Income Tax

Asstt. Commissioner of Income Tax, Circle-5, Baroda Versus M/s Hindustan Earth Movers Pvt. Ltd.

Addition on account of profit on sale of plot of land - CIT(A) deleted the addition - Held that:- It is not in dispute that the assessee had given a plot of land to M/s.Tirupati Corporation for development. As the entire payment for this transfer was.....


126

2015 (5) TMI 761 - ITAT DELHI - Income Tax

DCIT, Central Circle 13, New Delhi. Versus M/s. GDA Finvest & Trade Pvt. Ltd.

Unexplained share capital - CIT(A)deleting the addition of ₹ 9 lacs out of the addition of ₹ 30 lacs made by the AO - Held that:- Assessing Officer is not justified on the basis of this inspector report to hold that the identity of the sh.....


127

2015 (5) TMI 760 - ITAT MUMBAI - Income Tax

ADIT (IT) -1 (2) , and DDIT (IT) -1 (2) , Mumbai Versus Co-operative Centrale Raiffeisen

Permanent establishment (PE) of the assessee in India - whether receipts on account of advisory services and guarantee commission had to be assessed in India? - Whether particular articles of the Agreement of the Avoidance of Double Taxation between .....


128

2015 (5) TMI 759 - ITAT PUNE - Income Tax

Diocese of Pune (CNI) Versus Commissioner of Income-tax -I, Pune

Non-grant of registration under section 12A - activities carried on by the trust were meant for members of the Christian community and thus it is established for the benefit of specific religious community attracting the provisions of section 13(1)(b.....


129

2015 (5) TMI 758 - ITAT KOLKATA - Income Tax

State Bank Of India Versus Joint Commissioner Of Income Tax

Penalty u/s 272A(2)(K) - delay filing the TDS return - Held that:- In the present case of the assessee, either Government bodies or aided by Govt., are public office and since the tax deduction and payment are made by treasury and there is undisputed.....


130

2015 (5) TMI 757 - ITAT MUMBAI - Income Tax

Shri Hirachand Kanuga Versus The DCIT, Circle-1, Khadakpada, Kalyan (W) ,

Reopening of assessment - specific information was received from the Dy. Director (Inv.) Mumbai as to assessee providing bogus speculation profit/loss, Short Term /Long term capital gain/loss, commodities profit/loss on commodity trading and had been.....


131

2015 (5) TMI 756 - ITAT DELHI - Income Tax

Assistant Commissioner of Income-tax, Circle 23 (1) , New Delhi Versus Satish Kumar Gupta

Income from sale of shares - income from capital gain or business income - Held that:- The assessee though had classified all unsold shares as on the close of accounting year as investments yet he was a both trader and an investor.

CBDT in.....


132

2015 (5) TMI 755 - ITAT AHMEDABAD - Income Tax

Income Tax Officer, Ward-7 (1) , Ahmedabad Versus Shri Jaydeep R. Agrawal

Transaction through PMS and market broker - capital gain v/s business income - CIT(A) directed the Assessing Officer to treat the appellant as an investor and treat the profit on sale of shares as "capital gains" - Held that:- As decided in assessee&.....


133

2015 (5) TMI 754 - ITAT HYDERABAD - Income Tax

M/s. Electronic Arts Games (India) Pvt. Ltd., Hyderabad Versus Asstt. Commissioner of Income-tax, Circle 17 (1) , Hyderabad

Transfer pricing adjustment - entity M/s. E-Infochips Bangalore Ltd. taken by the Assessing Officer/TPO as comparable should be excluded from the list of final comparables for the purposes of transfer pricing analysis on the ground of functional diff.....


134

2015 (5) TMI 753 - ITAT CUTTACK - Income Tax

State Bank of India Versus JCIT (TDS) , Bhubaneswar

Penalty U/s.272A(2)(k) - whether appellant has not deliberately and consciously deposited the TDS amount in time? - Held that:- We do find that the penalty so levied by the AO and confirmed by the learned CIT(A) appears to be leaning more on holding .....


135

2015 (5) TMI 752 - ITAT VISAKHAPATNAM - Income Tax

RK. Educational Society Versus CIT (V) Vijayawada

Application for grant of registration under section 12A of the Act - Rejection of application on the ground that it is not established for charitable purpose - Held that:- The first objection of the CIT is with regard to the fact that the assessee is.....


136

2015 (5) TMI 751 - ITAT HYDERABAD - Income Tax

Deputy Commissioner of Income Tax & The Asst. Commissionerof Income Tax Versus M/s. The Rangareddy District Judicial Employees Mutually Aided Cooperative Credit Society Ltd.,

Disallowance of deduction claimed u/s.80P - the assessee had violated the provisions of AP Mutually Aided Co-Operative Societies Act, 1995 - whether, having given a finding that Nominal/Associate Members are not Members of the society, the incomes fr.....


137

2015 (5) TMI 750 - ITAT PUNE - Income Tax

M/s Yashowardhan Promoters & Developers Pvt. Ltd. Versus Dy. Commissioner of Income Tax,

Bogus purchases - CIT(A) deleting the addition - Held that:- As relying on precedent of assessee's own case it was only on the basis of the documents put-forth by the assessee that purchases from the said parties have been held to be bogus. Notab.....


138

2015 (5) TMI 749 - ITAT MUMBAI - Income Tax

Wella India Haircosmetics Private Limited Versus ACIT

Promotion expenses - revenue v/s capital expenditure - Held that:- Claim of expense as revenue has been rejected, but the AO and CIT(A) have held the acquisition of furniture and fixture as capital in nature. But at the same time, even if to be treat.....


139

2015 (5) TMI 748 - ITAT DELHI - Income Tax

Meritta Welfare Trust Nath House Versus CIT Dehradun

Registration to appellant trust u/s 12AA(1)(b) denied - CIT(A) held the appellant trust has entered into the franchise agreements with Mount Litra Zee School, whereby the applicant trust has given franchisee fee to Zee Learn Ltd thus under the agreem.....


140

2015 (5) TMI 747 - ITAT MUMBAI - Income Tax

Mohd. Arif Shaikh (Legal Heir of Ahsan Ahmed Shaikh) C/o. Raj Engineering Co. Versus ITO

Addition to cash deposits in various bank accounts - peak credit addition - Held that:- Considering the findings given in the CIT(A)’s order including that of AO’s comment in the remand report, it is seen that assessee has been unable to explain the .....


141

2015 (5) TMI 746 - ITAT JAIPUR - Income Tax

The ACIT. Circle-2, Kota And Others Versus Shri Ashok Jain And Others

Ad hoc disallowance - N.P. estimation @ 12% - Held that:- Assessee's conduct during the course of assessment and appellate proceedings does not give a conducive picture, in the entirety of facts and circumstances of the case, there is no infirmity in.....


142

2015 (5) TMI 745 - ITAT AHMEDABAD - Income Tax

Bundy India Ltd 2 GIDC, Indust rial Estate Versus Deputy Commissioner of Income Tax, Ci rcle-1 (1) , Baroda

Validity of Revision of assessment order - Set-off of losses against income enhanced vide TPO order u/s 92CA(3) of IT Act - Income under Double Taxation between India and United Kingdom - Applicability of Surcharge & Education cess on income covered .....


143

2015 (5) TMI 744 - ITAT DELHI - Income Tax

ACIT Circle – 23 (1) Versus Mudita Marketing

Disallowance of 20% of the discount and credit notes allowed to clients - CIT(A) deleted the disallowance - Held that:- In the present case since the AO had accepted the books of accounts maintained by the assessee in regular course of business and a.....


144

2015 (5) TMI 743 - ITAT HYDERABAD - Income Tax

Dy. Commissioner of Income Tax Circle 16 (2) Hyderabad Versus M/s. Margadarsi Chit Fund Private Limited Hyderabad

Disallowance of dividend / interest paid to chit subscribers due to non deduction of TDS - Disallowane of expenses on collection of subscription for other group companies - Disallowance of expenses - Additional evidence put before tribunal for consid.....


145

2015 (5) TMI 742 - BOMBAY HIGH COURT - Service Tax

The Commissioner of Service Tax Mumbai Versus M/s Maersk India Pvt Ltd.

Export of serveries - Non-availabity of exemption notification during the period 1.3.2003 to 19.11.2003 - Contravention of the provisions of Section 68 - Penalty u/s 76 & 78 - exemption granted under Notification No. 21/2003-ST - Held that:- It is in.....


146

2015 (5) TMI 741 - CESTAT NEW DELHI - Service Tax

M/s Canvasm Technologies Ltd. Versus Commissioner of Central Excise And Service Tax, Noida

Waiver of pre deposit - Business Auxiliary Service - Reverse charge mechanism - Revenue neutrality - Held that:- CAI were providing the services to the customers of the appellants as per the agreement between CAI and the appellants and the payment fo.....


147

2015 (5) TMI 740 - CESTAT NEW DELHI - Service Tax

M/s Shriram General Insurance Co Ltd Versus Commissioner of Central Excise And Service Tax, Jaipur-I

Waiver of pre deposit - Denial of CENVAT Credit - Reinsurance business - Held that:- Prima facie, when the applicant undertake the insurance, i.e. the insurance date of commencement of risk by the insurance company for covering the insurance of Polic.....


148

2015 (5) TMI 739 - CESTAT MUMBAI - Service Tax

Atlas Copco (I) Ltd. Versus Commissioner Of Central Excise, Pune

Export of service or not - Business Auxiliary Services or export transaction - Held that:- service recipient is situated abroad and the payments for the services rendered was received in convertible foreign exchange and the service has been delivered.....


149

2015 (5) TMI 738 - CESTAT CHENNAI - Central Excise

Commissioner of Central Excise, Chennai -II Versus M/s. Rawf Re-Rollers

Clandestine removal of goods - evasion of duty - Held that:- department had demanded excise duty on MS. Rounds, alleging that the respondents have clandestinely removed the goods by relying on the oral statements and without any corroborative evidenc.....


150

2015 (5) TMI 737 - CESTAT BANGALORE - Central Excise

Ultratech Cement Ltd Versus Commissioner of Central Excise, Service Tax And Customs, Bangalore-II

Waiver of pre deposit - Denial of CENVAT Credit - Credit availed in respect of Storage Sylos - Held that:- appellant may have a case for the benefit of CENVAT credit in respect of steel and cement in view of the decision of the Hon'ble High Court.....


151

2015 (5) TMI 736 - CESTAT BANGALORE - Central Excise

Commissioner of Central Excise, Bangalore-I Versus M/s. Wipro Gemedicals Systems Pvt Ltd

Duty demand u/s 11D - Whether provisions of Section 11D of Central Excise Act, 1944 would apply to the impugned goods, which were cleared at nil rate of duty after the respondent-assessee reversed 8% of total price of such goods cleared during the pe.....


152

2015 (5) TMI 735 - CESTAT BANGALORE - Central Excise

Sri Chakra Cements Ltd Versus Commissioner of Customs, Central Excise And Service Tax, Guntur

Eligibility of the appellant for CENVAT credit on MS Angles, Beams, Sheets, etc. - Held that:- Whether the items used for maintenance and repair credit can be given or not is highly debatable, requires detail consideration of the actual usage. At thi.....


153

2015 (5) TMI 734 - CESTAT NEW DELHI - Central Excise

M/s Monu Steels Ltd, M/s Nibi Steels Ltd, Lal Bahadur Yadav Versus Commissioner of Central Excise And Service Tax, Raipur

Clandestine removal of goods - Clearance of goods without payment of excise duty and invoices - Held that:- Similar issue has come up in several other cases of similar nature like in the case of RA Castings Pvt. Ltd. Vs. CCE, Meerut-I [2008 (6) TMI 1.....


154

2015 (5) TMI 733 - CALCUTTA HIGH COURT - Customs

RAJARAM BOHRA Versus UNION OF INDIA & ORS.

Validity of order of confiscation - procedure to be followed - seizure was initially made by Railway Protection Force and subsequently handed over to the Customs - Whether the order under challenge is bad because the order of confiscation was passed.....


155

2015 (5) TMI 732 - KERALA HIGH COURT - Customs

M/s Chalissery Kirana Merchant, M/s. Kay Kay Enterprises, M/s Ali-Shabib Trading Company Versus Union of India And Others

Country of origin - import of areca nuts - rate of duty @4% if the areca nut is of 'Sri Lankan origin' or leviable at 108% - Provisional assessment - Detention of goods - Demand of differential duty of 35% - Held that:- Particularly with reference to.....


156

2015 (5) TMI 731 - DELHI HIGH COURT - Corporate Laws

In Re : RPS Vikas Castings Private Limited With Garima Vikas Metals Private Limited (Now HNV Castings Private Limited)

Application for Scheme of Amalgamation under Sections 391(1), 393 & 394 read with Sections 100 to 104 of the Companies Act, 1956 - Regional Director's observations regarding Appointment date and Sectoral cap under FDI policy duly addressed - Held tha.....


157

2015 (5) TMI 730 - PUNJAB & HARYANA HIGH COURT - Corporate Laws

In Re: Acclipse India Private Limited and others

Application for Scheme of Amalgamation under Sections 391 to 394 of the Companies Act, 1956 - Observation of Official Liquidator regarding clerical error - Observation of Regional Director regarding FIPB approval duly addressed - Held that:- It is su.....


158

2015 (5) TMI 729 - SUPREME COURT - Misc

Devi Multiplex And Another Versus State of Gujarat And Others

Rejection of application for extension of time under Clause 10 of "New Package Scheme of Incentives for Tourism Projects, 1995-2000" - To make available all fiscal and non fiscal incentives, reliefs and concessions enjoyed by industries to ‘Tourism’ .....


159

2015 (5) TMI 728 - BOMBAY HIGH COURT - Income Tax

Commissioner of Income Tax, Central-IV Versus M/s. Ruby Mills Ltd.

Transaction in the nature of adventure - Computation of capital gain - amount received pursuant to the tripartite agreement - Tribunal termed that the amount received pursuant to the tripartite agreement is assessable to tax under the head "Capital G.....


160

2015 (5) TMI 727 - ITAT DELHI - Income Tax

DCM Shriram Consolidated Ltd. Versus ACIT, Circle 10 (1) , New Delhi

Disallowance of diminution in value of fertilizer bonds - Held that:- The assessee company was compelled to receive fertilizer’s bonds in lieu of cash fertilizers subsidy by the Government of India. The AO has not brought out any allegation that the .....


161

2015 (5) TMI 726 - ITAT DELHI - Income Tax

Aspect Software Inc. Versus ADIT, Circle 1 (1) , International Taxation, New Delhi

Revenue earned from supply of software taxed as “Royalty” - DTAA between India and USA - Held that:- Respectfully following the decision of Ericsson A.B. (2011 (12) TMI 91 - Delhi High Court) and Infrasoft Ltd. (supra), we hold that the consideration.....


162

2015 (5) TMI 725 - ITAT DELHI - Income Tax

Shri Daljeet Singh, Versus ACIT, Central Circle 17, New Delhi

Unexplained investment - addition u/s 69 - Held that:- Incidentally in the case under dispute, the AO had neither applied his mind nor formed a belief, but, merely came to the conclusion, based on the report of the approved valuer found during the se.....


163

2015 (5) TMI 724 - ITAT DELHI - Income Tax

M/s. Space vision Impex (P) Ltd. Versus ACIT, Circle 9 (1) , New Delhi

Disallowance of Prior period expenditure - Held that:- Ld. Counsel refers to page 20A wherein Cochin Customs receipt for miscellaneous charges is contained which is dated 30.01.2006 acknowledging the payment of ₹ 84,728/-. In this receipt, the .....


164

2015 (5) TMI 723 - ITAT DELHI - Income Tax

Sanjay Parwal Versus ACIT, Circle, New Delhi

Undisclosed Short Term Capital Gains from sale of Share - Held that:- The arguments of the learned Authorized Representative that the appellant had not sold the property cannot be accepted since it is judicially well known that in the case of a compa.....


165

2015 (5) TMI 722 - ITAT DELHI - Income Tax

ACIT Circle – 4 (1) , New Delhi Versus Living Media India Ltd.

Disallowance of the claim of bad debts - CIT(A) deleted the disallowance - Held that:- the present case, it is an admitted fact that the assessee had written off debts in its books of accounts and it is not the case of the AO that the debts written o.....


166

2015 (5) TMI 721 - ITAT DELHI - Income Tax

Assistant Commissioner of Income Tax Circle-21 (1) New Delhi Versus Sh. Pawan Kumar Kansal, , Prop. M/s Jagdamba Export

Rejection of books of accounts - Held that:- As from the assessment order that it is not the case of the Assessing Officer that the respondent assessee failed to produce the information called for, nor is it the case that the books of account are def.....


167

2015 (5) TMI 720 - ITAT DELHI - Income Tax

Agnity India Technologies Pvt. Ltd. Versus ITO, Ward 1 (3) , New Delhi

Transfer pricing adjustment - exclusion of three comparables namely Larsen and Tourbo Infotech Ltd., Persistent Systems Ltd. and Mindtree Ltd.- Held that:- This issue is no longer res-integra. The Hon’ble High Court [2013 (7) TMI 696 - DELHI HIGH COU.....


168

2015 (5) TMI 719 - ITAT DELHI - Income Tax

Income Tax Officer, Ward 41 (4) , New Delhi Versus Sh. Tapash Kumar Chaterjee

Capital gain - CIT(A) deleting addition on account of capital Gain claimed as exempt which was never disclosed to the Department and treating revised computation of assessment proceedings after detecting the same by Department as revised return - CIT.....


169

2015 (5) TMI 718 - ITAT DELHI - Income Tax

Income Tax Officer Versus Shri Satinder Kumar

Rejection of books of accounts - estimating the net profit @5% of the turnover - CIT(A) deleted addition - Held that:- CIT(A) rightly held that the rejection of books of accounts by the AO was not sustainable and the action of the AO in estimating th.....


170

2015 (5) TMI 717 - ITAT DELHI - Income Tax

M/s. Sanraj Engineering Pvt. Ltd. Versus Income Tax Officer, Ward-7 (3) , New Delhi

Addition on account of deemed dividend u/s 2(22)(e) - Held that:- After going through the provision of section 2(22)(e) and conditions thereof, we are of the considered view that the a provisions makes it clear that deemed dividend is to be brought t.....


171

2015 (5) TMI 716 - ITAT AHMEDABAD - Income Tax

Newton Engineering & Chemicals Ltd. Versus The I.T.O., Ward-4 (1) , Baroda

Disallowance of deferred revenue expenses - Held that:- Assessee has not placed any material on record to support its contention of it satisfying the principle of “matching concept” nor could controvert the observations by ld. CIT(A). In view of the .....


172

2015 (5) TMI 715 - ITAT DELHI - Income Tax

ACIT Circle-9 (1) , New Delhi Versus M/s SRL Ranbaxy Ltd (Now Known As Super Religare Laboratories Ltd) And Others

Addition made by the AO u/s. 40(a)(i) - CIT(A) restricted disallowance - Held that:- The working submitted by the assessee show that the amount of discount given to the Collection Centre is ₹ 11,78,24,030/- as against the disallowance of ₹.....


173

2015 (5) TMI 714 - ITAT DELHI - Income Tax

ACIT, Circle-I, Meerut Versus Shri Jitender Kumar Gupta

Excess claim of depreciation - Equipments given on hire - cost of acquisition u//s 43(1) - CIT(A)directing to adopt value of the depreciated assets at ₹ 89,10,245 as against ₹ 22,45,000 taken by the Assessing Officer (AO) and consequently.....


174

2015 (5) TMI 713 - ITAT AHMEDABAD - Income Tax

DCIT, Circle-1 (1) , Baroda And Others Versus Amarshiv Construction P. Ltd.

Addition under section 41(1) - amount of creditors remained unpaid for more than 3 years - CIT(A) deleted the addition - Held that:- We find that no material was brought on record by the revenue to show that the liabilities ceased to exist and the as.....


175

2015 (5) TMI 712 - ITAT AHMEDABAD - Income Tax

Shri Prakashkumar B. Khatri Versus The CIT-IV, Ahmedabad

Revision u/s 263 - deduction under section 54F wrongly allowed - Held that:- The assessee had obtained the permission for construction of farm house on 21/12/006 for construction of 582 sq.meters. and subsequent to the approval, assessee incurred ex.....


176

2015 (5) TMI 711 - ITAT AHMEDABAD - Income Tax

Income Tax Officer Ward 10 (1) , Ahmedabad Versus Ketan B. Thakkar HUF

Addition made on account of the cash embezzlements - Protective assessment - CIT(A) deleted the addition - Held that:- We find that there is no dispute that the addition has been made in this case purely on ‘protective basis’.

On the fact.....


177

2015 (5) TMI 710 - ITAT CHANDIGARH - Income Tax

The ACIT, Central Circle, Patiala Versus Shri Joginder Paul, C/o M/s Jay Industies,

Unaccounted deposits - CIT(A) deleted the addition - Held that:- Commissioner of Income-tax (Appeals) has correctly decided the issue because admittedly the assessee had disclosed a sum of ₹ 1.03 crores in the assessment year 2007-08, and a sum.....


178

2015 (5) TMI 709 - ITAT MUMBAI - Income Tax

Indo Industries Ltd. Versus Income-tax Officer, 2 (2) (2) (1) , Mumbai

Disallowance of export Commission u/s 40a(i) r.w.s 195 - non deduction of TDS - Held that:- The non-resident brokers have not rendered any services in India, therefore, commission income neither accrued nor arose in India in view of the decision of t.....


179

2015 (5) TMI 708 - ITAT BANGALORE - Income Tax

M/s. Intel Services, LLC (formerly known as Intel Services Inc) , C/o Intel Technology India Pvt. Ltd. Versus Deputy Director of Income-tax

Royalty u/s 9(1)(vi) - Nature of amount received towards supply of software by the Parent company to (non-resident) to Intel Technology India Private Limited on account of software expenses - DTAA between India and the USA - Held that:- In the absen.....


180

2015 (5) TMI 707 - ITAT AHMEDABAD - Income Tax

The Dy. CIT Versus Reclamation Welding Ltd

Disallowance of freight inward, freight outward and octroi expenses - CIT(A) allowed the claim - Held that:- Since, the facts of the case in the present appeal are similar to that of assessment year 2002-03 and 2004-05, which has been accepted by the.....


181

2015 (5) TMI 706 - ITAT MUMBAI - Income Tax

IVF Advisors Private Limited Versus The Asstt. Commissioner of Income Tax,

Loss from transactions in foreign currency futures - Applicability of clause (d) of the proviso to section 43(5) of the Income Tax Act, 1961 - Business loss or Speculation loss - “Derivative” indicates that it has no independent value, i.e. its value.....


182

2015 (5) TMI 705 - CESTAT NEW DELHI - Service Tax

Amway India Enterprises Pvt. Ltd. Versus C.S.T., Delhi

Intellectual property Right services - Non speaking order - Held that:- Paras 28 and 29 of the impugned order which dealt with the impugned demand relating to intellectual property are clearly and admittedly non-speaking. Indeed, the first 6 = lines .....


183

2015 (5) TMI 704 - CESTAT MUMBAI - Service Tax

Lear Automotive (I) Pvt. Ltd. Versus Commissioner of Central Excise, Pune-I

Classification of service - whether the appellant herein is liable to discharge the service tax liability under the reverse charge mechanism under the category of "Manpower Recruitment or Supply Agency Services", on payments made by them to Lear Corp.....


184

2015 (5) TMI 703 - CESTAT MUMBAI - Service Tax

Hafeez Contractor Versus Commissioner of Service Tax, Mumbai

Architectural services - Receipt of professional fees - Failure to provide details of fees received - appellant were not collecting and paying service tax on the value of taxable services - Held that:- Appellant having discharged the service tax liab.....


185

2015 (5) TMI 702 - CESTAT MUMBAI - Service Tax

Commissioner of Service Tax-II, Mumbai Versus M/s Pulcra Chemicals (India) Pvt Ltd

Denial of refund claim - marketing support services - Service provided and consumed in India - Held that:-Even though the services provided in India but on behalf of foreign entity and payment is made in convertible foreign exchange, it is clear that.....


186

2015 (5) TMI 701 - SUPREME COURT - Central Excise

Commnr. of Central Excise, Jaipur Versus M/s. Dabur India Ltd.

Classification - Caldhan suspension, Livfit Vet and Ayucal premix - Animal feed supplements or Veterinary medicament - Classification under sub heading no.2302.00 or sub heading no.3003.39 - Held that:- There are several reasons given by the Tribunal.....


187

2015 (5) TMI 700 - SUPREME COURT - Central Excise

Commissioner of Central Excise Versus M/s. Amritlal Chemaux Ltd.

Manufacturing process or not - Repacking and / or labelling - Products purchased in bulk quantities in bulk packing & thereafter process is undertaken - dyes & dye bases, napthols & fast bases, and chrome pigments - Held that:- It is clear from the .....


188

2015 (5) TMI 699 - CESTAT NEW DELHI - Central Excise

M/s Balkrishna Industries Ltd., Shri Pawan Batra Versus Commissioner of Central Excise And Service Tax, Jaipur

Waiver of pre deposit - Denial of CENVAT Credit - Inputs used for job work - Held that:- When there is no physical removal of the cenvated inputs, there is no requirement to reverse the credit under Rule 3(5) of the Cenvat Credit Rules, the appellant.....


189

2015 (5) TMI 698 - CESTAT NEW DELHI - Central Excise

M/s Goyal Auto Products Pvt Ltd, Shri Raghubir Dayal Goyal, Shri Rahul Goyal Versus Commissioner of Central Excise, Delhi-I

Penalty u/s 11AC - Clandestine removal of goods - Held that:- Penalty under section 11AC of the Act is not imposable as in this case as duty demand has already been dropped by the learned Commissioner (Appeals). Further, I find that currency seized i.....


190

2015 (5) TMI 697 - CESTAT NEW DELHI - Central Excise

Prakash Industries Ltd Versus Commissioner of Central Excise And Service Tax, Indore

Stay application - Waiver of pre deposit - Doctrine of merger of order - Held that:- Tribunal's order [2015 (5) TMI 568 - CESTAT NEW DELHI] directing the appellant to deposit an amount of ₹ 12.00 Crores within a period of four weeks had been up.....


191

2015 (5) TMI 696 - SUPREME COURT - Customs

Commissioner of Customs (Import) , Mumbai Versus M/s. Hindalco Industries Ltd.

Valuation under Rule 9 of the Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 - Addition of licence fee and fees paid for basic engineering services to the invoice price of the imported goods for the copper smelting plant - F.....


192

2015 (5) TMI 695 - SUPREME COURT - Customs

Commissioner of Customs, Delhi Versus M/s. Baxter (I) Pvt Ltd

Tariff Classification - Whether Continuous Ambulatory Peritoneal Dialysis Fluid (CAPD fluid) is medical equipment which attracts nil rate of custom duty - Held that:- On going through the list 29 we find that in the said list at serial No.46 CAPD flu.....


193

2015 (5) TMI 694 - BOMBAY HIGH COURT - Customs

Sangeetha Kirti Patel Versus RA Rajeev Principal Secretary (Appeals And Security) And Others

Detention of appellant's husband - Habeas Coprus - Section 3(1) of the Conservation Of Foreign Exchange and Prevention Of Smuggling Activities Act, 1974 (COFEPOSA) - prevention from abatement of the smuggling of goods - Held that:- Division Bench of .....


194

2015 (5) TMI 693 - DELHI HIGH COURT - Corporate Laws

In Re : NIIT Limited and Others

Application for Composite Scheme of Arrangement under Sections 391 to 394 of the Companies Act, 1956 - Regional Director's observations regarding compliance of provisions of the Companies Act, 1956 /2013 regarding name change duly addressed - Held th.....


195

2015 (5) TMI 692 - GUJARAT HIGH COURT - Corporate Laws

THE LIQUIDATOR PETROFILS CO. OPERATIVE LTD (IN LIQUIDATION) Versus INDUSTRIAL DEVELOPMENT BANK OFINDIA LTD (IDBI LTD) & 21

Winding up of society - Sale of property through auction - A Co-operative society registered under the Multi-State Cooperative Societies Act, 1984 - Gujarat Industrial Development Corporation (GIDC) constituted under the Gujarat Industrial Developme.....


196

2015 (5) TMI 691 - SUPREME COURT - Misc

M/s Suprema Inc. Versus 4G Identity Solutions Pvt. Ltd.

Default in payment of bills for supply of the product - Appointment of an Arbitrator - Application under Section 11(6) of the Arbitration and Conciliation Act, 1996 - Supply agreement contained a specific dispute resolution clause - Held that:- We ha.....


197

2015 (5) TMI 690 - PUNJAB & HARYANA HIGH COURT - Income Tax

Commissioner of Income Tax-I, Chandigarh Versus Smt Usha Saboo, Smt Pallabi Saboo, Shri RK Saboo, Smt Anuradha Saboo, Shri Jai Vardhan Saboo, Shri Yashvardhan Saboo

Capital receipt not chargeable to tax - bifurcation of income - Whether ITAT is justified in law in treating a sum of ₹ 100/- per share as capital receipt not chargeable to tax because as per provisions of Section 48, the entire receipts on sal.....


198

2015 (5) TMI 689 - RAJASTHAN HIGH COURT - Income Tax

M/s. Reliance Trading Corporation, Kirti Chand Dhadda, M/s Pawan Enterprises, Shri Vallabh Das Khandelwal Versus The ITO, Ward No. 2 (3) , Jaipur And Another

Entitled for deduction under section 80 HHC on interest income - Held that:- It is the settled proposition in interpretation of the statutes, that while ascertaining the true scope of a provision in a statute, attention must necessarily be paid not o.....


199

2015 (5) TMI 688 - DELHI HIGH COURT - Income Tax

CIT Versus Cushman And Wakefield India Pvt. Ltd.

TP adjustment - disallowance of referral fee - Revenue argued that the assessee was unable to support the claim of having incurred any expenditure at all - Tribunal accepting the assessee's argument that the referral fee in the given facts of the ca.....


200

2015 (5) TMI 687 - ALLAHABAD HIGH COURT - Income Tax

Chander Prakash Jain Versus Commissioner of Income Tax And Another

Payment of interest on the money seized - assessee has prayed for a direction for renewal of seized investments in shape of Indira Vikash Patras and Kishan Vikash Patras and deposits with the banks with interest on the prevailing rates on the maturit.....


201

2015 (5) TMI 686 - KARNATAKA HIGH COURT - Income Tax

Commissioner of Income-tax, Bangalore Versus Saint Gobain Crystals & Detectors India (P.) Ltd.

Entitlement to claim deduction u/s. 10B - whether assembling of instruments and apparatus for measuring and detecting ionizing radiators as admitted in column 8(a) of Form-3CD is a manufacturing activity producing an article or thing? - Held that:- .....


202

2015 (5) TMI 685 - DELHI HIGH COURT - Income Tax

Eicher Goodearth Ltd. Versus The CIT

Expenditure under Section 36 (1) (iii) - whether was not linked to earning of dividend income? Entitlment to deduction under Section 80M in respect of net dividend and not gross dividend - Held that:- This Court, therefore, is of the opinion that t.....


203

2015 (5) TMI 684 - BOMBAY HIGH COURT - Income Tax

Commissioner of Income Tax Versus M/s. Sai Prasad Properties Ltd.

Settlement application under Section 245C(1) - rejection was sought by revenue of application on the ground that no additional income has been declared in the application, so far as assessment year 2011-12 is concerned no proceedings were pending bef.....


204

2015 (5) TMI 683 - BOMBAY HIGH COURT - Income Tax

The Commissioner of Income-Tax, Kolhapur Versus Shriram Sahakari Sakhar Karkhana Ltd.

Additions on account of non refundable deposits, interest on non refundable deposit, the Indira Vikas Awas Nidhi, Earthquake fund, Chief Minister's fund, Area Development fund, Cane Development fund, Small Savings etc. - Held that:- The non refundabl.....


205

2015 (5) TMI 682 - ITAT KOLKATA - Income Tax

Deputy Commissioner of Income-tax, Circle-12, Kolkata and Income-tax Officer, Wd-10 (3) , Kolkata Versus Selvel Advertising Pvt. Ltd.

Deduction under section 80-IA - traffic signals and foot overbridges - Held that:- The Revenue can see the pre-requisite condition for allowance of deduction to an enterprise or an undertaking in the very first year the initial year of claim of deduc.....


206

2015 (5) TMI 681 - ITAT DELHI - Income Tax

Delta Air Lines, Inc. C/o BMR and Associates LLP Versus Asstt. Director of Income Tax (International Tax)

Denial of benefit of Article 8 of India-USA Double Taxation Avoidance Agreement - Held that:- Arrangement of “pool” requires several persons coming together to contribute and combine their resources for a large business and then share the resources a.....


207

2015 (5) TMI 680 - ITAT CHENNAI - Income Tax

SRI BALAJI EDUCATIONAL AND CHARITABLE PUBL IC TRUST Versus COMMISSIONER OF INCOME TAX, CENTRAL III, CHENNAI.

Registration granted to the assessee U/s.12A (a) withdrawn with retrospective effect - Held that:- the activities conducted by the assessee Trust are only promoting education within the ambit of Section 2(15) of the Act. The Trust was not engaged in.....


208

2015 (5) TMI 679 - ITAT AHMEDABAD - Income Tax

Jai Durga Trade Link Pvt. Ltd. Versus ITO, Ward-4 (2) , Ahmedabad

Unexplained cash credits u/s.68 - addition made by the AO being an amounts of share capital and share premium - Held that:- In the instant case there is contradiction between the statement deposed by the directors of the alleged three investment com.....


209

2015 (5) TMI 678 - ITAT MUMBAI - Income Tax

M/s. Technocraft Ind. (India) Ltd. Versus Addl. Commissioner of Income Tax – 8 (3) , Mumbai

Penalty levied u/s 271(1)(c) - Disallowance of deduction under section 10B in respect of interest income on MSEB deposit- Held that:- It cannot be said that the claim of the assessee is an absolute impermissible claim and does not fall in the categor.....


210

2015 (5) TMI 677 - ITAT CHANDIGARH - Income Tax

DEPUTY COMMISSIONER OF INCOME-TAX Versus R.P. IMPORT AND EXPORT P. LTD.

Unexplained investment in the purchase of land - copy of agreement was seized from the sister concern of the assessee which shows the rate of land was at ₹ 6,50,000 per bigha instead ₹ 1,25,000 per bigha declared, in the registration deed.....


211

2015 (5) TMI 676 - ITAT MUMBAI - Income Tax

Shri Viren Ahuja And Other Versus The DCIT, CC-47, Mumbai

Addition u/s. 68 - Held that:- There is no dispute that the assessee has submitted Memorandum/Articles of Association of Companies, Board Resolution of the companies, Loan confirmations, Balance sheet, PAN details & Copies of I.T. returns.A perusal o.....


212

2015 (5) TMI 675 - ITAT MUMBAI - Income Tax

ACIT-25 (3) , Mumbai Versus Mrs. Kinnary Sanghavi

Transaction in shares - short term and long term capital gains v/s business income - CIT(A) direct the A.O. to accept the claim of the appellant by accepting the long term and short term capital gain admitted by the appellant - Held that:- From the r.....


213

2015 (5) TMI 674 - ITAT GAUHATI - Income Tax

ASSISTANT COMMISSIONER OF INCOME-TAX Versus MANAS SALT IODISATION INDUSTRIES P. LTD.

Exemption claimed u/s 80-IC denied - REVISION U/S 263 - manufacturing of crushed iodised salt carried on by the appellant as an activity not within the purview of section 80-IC(2)(b) as held by CIT(A) - Held that:- Commissioner of Income-tax in his r.....


214

2015 (5) TMI 673 - ITAT CHANDIGARH - Income Tax

M/s Hi Tech Land Developers & Builders Versus The Addl. CIT, Range, Khanna

Disallowance expenditure under section 40A(3) - assessee has paid cash for purchase of land to certain persons - Held that:- It is not doubted that in the agreement to sell it was agreed that sale deed would be executed, i.e., registered on or before.....


215

2015 (5) TMI 672 - ITAT KOLKATA - Income Tax

Income Tax Officer, Ward-36 (3) , Kolkata Versus M/s. Santo Stores

Prescribed monetary limits for filing of appeal before ITAT - Whether, this appeal of revenue, which is below the prescribed limit of tax effect in view of the Board’s Instruction No.5/2014 issued on 10.07.2014 revising the monetary limits for filing.....


216

2015 (5) TMI 671 - IITAT JAIPUR - Income Tax

M/s. Rajasthan Gau Sewa Sangh Versus The ITO, Ward- 6 (2) , Jaipur

Withdrawal of registration u/s 12AA - whether proviso to Section 2(15) is not applicable to the assessee's case? - Held that:- The conclusion of order of ld. CIT in withdrawing the registration does not appear to conform to the specific condition.....


217

2015 (5) TMI 670 - CESTAT NEW DELHI - Service Tax

M/s. Uttam Toyota Versus C.C.E. &S. T., Ghaziabad

Waiver of pre deposit - value of the spare parts used in providing authorised service station service has not been included - Held that:- For a similar (impugned) demand of service tax in the appellant s own case [2011 (1) TMI 728 - CESTAT, NEW DELHI.....


218

2015 (5) TMI 669 - KARNATAKA HIGH COURT - Income Tax

Commissioner of Income Tax-III and The Deputy Commissioner of Income Tax, Bangalore Versus Skyline Advertising (P.) Ltd.

Entitlement to deduction under Section 80-IA(4) - Whether the business activity of the respondent-assessee would fall within the ambit of the expression "Infrastructure Facility" as occurred in Section 80-IA of the Income-tax Act, in particular the E.....


219

2015 (5) TMI 668 - CESTAT MUMBAI - Service Tax

CCE, Nashik, Hindustan Aeronautics Ltd Versus Hindustan Aeronautics Ltd, CCE, Nashik

Scientific and technical consultancy services - Reverse charge mechanism - nature of intellectual property services (IPR) rendered by foreign firms - Held that:- The terms of the relevant agreements indicate that these agreements were intended primar.....


220

2015 (5) TMI 667 - CESTAT MUMBAI - Service Tax

S.K. Electro Engineers Versus Commissioner of Central Excise

Penalty u/s 76, 77 & 78 - Levy of late fee for delayed filing of return - Delay in payment of service tax - Held that:- Appellant had discharged the service tax liability along with interest thereon much before the issue of show-cause notice and ther.....


221

2015 (5) TMI 666 - CESTAT NEW DELHI - Service Tax

M/s. Craftex India Versus Commissioner of Central Excise, Allahabad

Refund - Bar of limitation - Lack of documentary evidence - Held that:- Original adjudicating authority as well as appellate authority have clearly noted that the appellants have not submitted the evidence of payment of service tax on the specified s.....


222

2015 (5) TMI 665 - CESTAT NEW DELHI - Service Tax

M/s Gail India Ltd Versus Commissioner of Central Excise And Service Tax, LTU Delhi

Waiver of pre deposit - service to self - transport of goods, other than water, through Pipelines or other Conduit Services - The adjudicating authority records inter alia that the appellant charges the marketing margin from its customer for providi.....


223

2015 (5) TMI 664 - MADRAS HIGH COURT - Central Excise

Carboline India Pvt. Ltd. Versus The Coimmissioner of Central Excise Chennai - II

Waiver of pre deposit - CENVAT Credit - whether the appellant is entitled for the benefit of cenvat credit on the service tax paid by the appellant - Held that:- Following decision of ABB Limited Vs. CCE [2011 (3) TMI 248 - KARNATAKA HIGH COURT] it i.....


224

2015 (5) TMI 663 - GUJARAT HIGH COURT - Central Excise

Mundra Ports And Special Economic Zone Limited Versus Commissioner of Central Excise & Customs

Denial of CENVAT Credit - cement and steel - Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in rejecting the claim of the assessee in light of the provisions of Rule 2(k) of the Cenvat Credit Rules, 2004 .....


225

2015 (5) TMI 662 - PUNJAB & HARYANA HIGH COURT - Central Excise

Century Knitters (India) Ltd. And Others Versus The Customs, Excise & Service Tax Appellate Tribunal and another

Modification of order - Held that:- CESTAT, by the impugned order, rightly held that by virtue of the order dated 13.03.2013, the appeal stood dismissed. Admittedly, the order dated 13.03.2013 was not complied with by the appellant or by M/s. Puneet .....


226

2015 (5) TMI 661 - MADRAS HIGH COURT - Central Excise

M/s. A.R. Metallurgicals Pvt Ltd Versus The Customs, Excise And Service Tax Appellate Tribunal, The Commissioner of Central Excise

Utilization of CENVAT Credit for payment of duty - Applicability of Rule 8(3A) of Central Excise Rules - Held that:- condition contained in sub-rule (3A) of Rule 8 of the Central Excise Rules, 2002 for payment of duty without utilizing the CENVAT cr.....


227

2015 (5) TMI 660 - BOMBAY HIGH COURT - Central Excise

Poona Tools (P.) Ltd. Versus Union of India

Bar under section 32-O(1)(i) of the Central Excise Act, 1944 - incorrect and irregular cenvat credit - Wilful suppression of facts - Held that:- There is no dispute about existence of the order passed by the Settlement Commission on 20th December, 20.....


228

2015 (5) TMI 659 - CESTAT MUMBAI - Central Excise

M/s Leo Circuit Boards, Pvt Ltd, Shri Sudesh Rao, M/s Pan India Network Infravest Pvt Ltd Versus Commissioner of Central Excise, Belapur

Demand of duty - Manufacturing activity or not - Held that:- Appellant is engaged in the assembly of 114 components alongwith power supply, motherboard, LCD, keyboard which in our view clearly amount to manufacture. It is not that only on the basis t.....


229

2015 (5) TMI 658 - SUPREME COURT OF INDIA - Corporate Laws

EXCEL DEALCOMM PRIVATE LIMITED Versus ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED & ORS.

Default in repayment of Bank's dues - Assignment of claim in favour of Asset Reconstruction Company India Limited - Whether the present suit is suit for land - Matter of High court jurisdiction - Jurisdiction clause in an agreement makes the intentio.....


230

2015 (5) TMI 657 - SUPREME COURT - Misc

P. Ramakrishna Versus The Institute of C.A. of India And Others

Interpretation of Section 21D i.e. Transitional Provisions of the Chartered Accountants Act, 1949 - Pending proceedings in information case - Whether procedure prescribed by the unamended CA Act, 1949, that is section 21, 22 and 22A would be applicab.....


231

2015 (5) TMI 656 - BOMBAY HIGH COURT - Income Tax

Commissioner of Income-Tax-II, Thane Versus Continental Warehousing Corporation (Nhava Sheva) Ltd., All Cargo Global Logistics Ltd.

Eligibility of deduction u/s 80-IA - activities undertaken by the assessee do not fall within Clause (d) of the Explanation to 80- IA(4) defining the term infrastructure facilities - notice under section 153A challenged - Held that:- In the present c.....


232

2015 (5) TMI 655 - DELHI HIGH COURT - Income Tax

PEPSI FOODS PVT. LTD. (NOW MERGED WITH PEPSICO INDIA HOLDING PVT. LTD) AND OTHERS Versus ASSISTANT COMMISSIONER OF INCOME TAX & ANR

Constitutional validity of the third proviso to Section 254(2A) challenged - discrimination, based on an impermissible or invalid classification - grant extension of stay beyond 365 days - Held that:- In the present case, we find that there are seve.....


233

2015 (5) TMI 654 - DELHI HIGH COURT - Income Tax

M/s LAHMEYER HOLDING GMBH Versus DEPUTY DIRECTOR OF INCOME TAX, CIRCLE 3 (2)

Reopening of assessment - restructuring of the petitioner company questioned - reopening challenged on ground of change of opinion and no new material or additional facts had come to the knowledge of the assessing officer - Held that:- Assessing Offi.....


234

2015 (5) TMI 653 - HIMACHAL PRADESH HIGH COURT - Income Tax

Commissioner of Income Tax Versus M/s. Shree Triveni Foods

Eligibility for deduction under Section 80IB(4) - Whether the conversion of gram Dal into Besan powder, by a process of mere roasting and grinding, amounts to manufacture? - Held that:- Applying test given in Idandas versus Anant Ram Chandra Phadke (.....


235

2015 (5) TMI 652 - DELHI HIGH COURT - Income Tax

COMMISSIONER OF INCOME TAX AND DIRECTOR OF INCOME TAX Versus RAM KISHAN KULWANT RAI CHARITABLE TRUST

Registration under Section 12A cancelled - Whether AO could have rendered findings questioning the exemption under Section 12-A enjoyed by the assessee, on the basis of the donation which was made to the Ram Krishna and Sons Charitable Trust? - Held .....


236

2015 (5) TMI 651 - CALCUTTA HIGH COURT - Income Tax

M/s Budge Budge Company Ltd. Versus The Commissioner of Income Tax

Depreciation claim denied - cession of work/suspension of work in the factory premises of the petitioner - Held that:- Applying the decisions of M/s. Norplex Oak India [2011 (3) TMI 620 - CALCUTTA HIGH COURT] to the facts in this case wherein held th.....


237

2015 (5) TMI 650 - ITAT KOLKATA - Income Tax

Universal Cables Ltd. And Others Versus Deputy Commissioner of Income-Tax And Others

Allowance of balance 50% additional depreciation u/s 32(1)(ii) - new plant and machinery, purchased and put to use for less than 180 days in the immediately preceding year - Held that:- This issue was considered by the Delhi Bench of this Tribunal in.....


238

2015 (5) TMI 649 - ITAT PUNE - Income Tax

Barclays Technology Centre India Private Limited Versus ACIT, Circle-1 (1) , Pune

Transfer pricing adjustment - wrong selection of comparable - Held that:- Plea of the assessee for exclusion of Infosys Technologies Ltd. cannot be shut out merely because the said concern was initially adopted by the assessee as a comparable in its .....


239

2015 (5) TMI 648 - ITAT BANGALORE - Income Tax

Dy. Commissioner of Income Tax, Circle 12 (1) , Bangalore Versus M/s. Misys Software (I) Pvt. Ltd.

Transfer pricing adjustment - Computation of Deduction u/s.10A - Held that:- As in Tata Elxsi Ltd. (2011 (8) TMI 782 - KARNATAKA HIGH COURT) held that while computing the deduction under section 10A of the Act, if the export turnover in the numerator.....


240

2015 (5) TMI 647 - ITAT KOLKATA - Income Tax

Century Enka Limited Versus Deputy Commissioner of Income-tax, Circle-6, Kolkata and Commissioner of Income-tax-II, Kolkata

Additional depreciation - Held that:- Respectfully following the judgment of CIT v. Texmo Precision Castings [2009 (10) TMI 140 - MADRAS HIGH COURT] we are of the view that the assessee is entitled for additional depreciation under section 32(1)(iia).....


241

2015 (5) TMI 646 - ITAT KOLKATA - Income Tax

Binani Cement Ltd. Versus DCIT., Central Circle-XXVIII

Levy of interest u/s 234B and u/s 234C - interest for defaults in payment of advance tax - MAT income determined by the Assessing Officer under Sec.115JB - Held that:- Section 115J/115JA are special provisions. Section 207 envisages that tax shall be.....


242

2015 (5) TMI 645 - ITAT MUMBAI - Income Tax

PERI India Pvt. Ltd. Versus Deputy Commissioner of Income Tax, Mumbai.

Transfer pricing adjustment - allocation of expenses for receipt of technical services from AE - Held that:- Though the TPO/Assessing Officer has the power and jurisdiction to verify the price paid by the assessee at arm’s length, however, instead of.....


243

2015 (5) TMI 644 - ITAT PUNE - Income Tax

Eaton Fluid Power Limited Versus Asstt. Commissioner of Income Tax Circle – 8, Pune

Transfer pricing adjustment - most appropriate method - Held that:- Pertinently, bifurcation of assessee's financial results into manufacturing and trading segment was done only in the course of proceedings before the TPO and so far as the segmen.....


244

2015 (5) TMI 643 - ITAT MUMBAI - Income Tax

M/s. Parle Agro Pvt. Ltd. Versus ACIT Cent. Cir. 25 Mumbai

Reusable artwork expenses - revenue v/s capital expenditure - Held that:- . It is an admitted fact that similar claim of the assessee was allowed in the past by the Revenue without making additions. It is only in this year, based on artificial criter.....


245

2015 (5) TMI 642 - ITAT MUMBAI - Income Tax

M/s Everest Kanto Cylinder Ltd. Versus Asst. Commissioner of Income Tax (LTU) , Mumbai

Disallowance u/s 14A - Held that:- It is clear that during the year under consideration, the assessee has not made any fresh investment except a sum of ₹ 13 Lakh in the mutual fund scheme. Out of the total investment of ₹ 92.7 crores, the.....


246

2015 (5) TMI 641 - ITAT COCHIN - Income Tax

Shri K Govinda Pillai Versus Dy. CIT, Cent. Cir Kollam

Disallowance of office expenses - CIT(A) restricting the claim to 40 per cent. of the gross receipts - Held that:- Admittedly, the assessee engaged himself in drafting documents and sale of stamps (both judicial and non-judicial) receiving fees for d.....


247

2015 (5) TMI 640 - ITAT PUNE - Income Tax

Mahendra Raghunath Patil Versus. Income Tax Officer Ward-1, Satara

Disallowance u/s 40(a)(ia) r.w.s. 192C(2) - assessee had debited certain sub-contract payments to different parties and explanation of the assessee was that the payments were made to labourers, who were not possessing Permanent Account Number (PAN) a.....


248

2015 (5) TMI 639 - ITAT MUMBAI - Income Tax

Aditya Birla Minacs Worldwide Ltd. Versus Dy. Commissioner of Income Tax 8 (1) , Mumbai

Transfer pricing adjustment in respect of corporate guarantee - Held that:- Following the earlier decisions of this Tribunal in assessee’s own case, we direct the AO/TPO to adopt 0.5% as arm’s length guarantee commission charges in respect of the gu.....


249

2015 (5) TMI 638 - ITAT MUMBAI - Income Tax

Shri Dwarakadas G. Panchmatiya Versus ACIT-25 (1) , Mumbai

Non compliance of provisions of section 80AC while claiming the Deduction u/s. 80IB - Held that:- The filing of return before the due date specified under section 139(1) is a mandatory condition for availing the deduction interalia under section 80IB.....


250

2015 (5) TMI 637 - ITAT DELHI - Income Tax

Global Logic India Pvt. Ltd. Versus ACIT, Circle-12 (1) , New Delhi.

Transfer pricing adjustment - selection of comparable - Held that:- Avani Cimcon Technologies Ltd. - As the profits of the software development portion cannot be ascertained, we hold that it cannot be considered as comparable on entity level. We, the.....


251

2015 (5) TMI 636 - CESTAT MUMBAI - Service Tax

Commissioner of Central Excise & Customs, Aurangabad Versus M/s. B.M. Constructions

Admissibility of CENVAT credit - Penalty u/s 78 - non inclusion of value of steel, cement and other materials received free of cost by respondent from their customers while arriving at the value of construction service for payment of service tax on t.....


252

2015 (5) TMI 635 - CESTAT MUMBAI - Service Tax

Janata Sahakari Bank Ltd Versus Commissioner of Central Excise, Pune-III

Receipt of commission for disbursement of govt. teacher's salary - Business Auxiliary Services - Penalty u/s 78 - Held that:- lower authorities were error in holding that appellant would fall under the category of commission agent and the amount rece.....


253

2015 (5) TMI 634 - CESTAT MUMBAI - Service Tax

M/s. Klaus Multiparking Systems Pvt. Ltd. Versus CCE Pune III

Rejection of the refund claim - Erection, Commissioning or Installation service - benefit of Notification No. 19/03 - claim of rebate / abatement of 67% - Held that:- Vivisection of Works Contract was permissible before the introduction of service ta.....


254

2015 (5) TMI 633 - CESTAT MUMBAI - Service Tax

IOT Design & Engineering Ltd. Versus Commissioner of Service Tax, Mumbai

Waiver of pre deposit - Denial of CENVAT Credit - Held that:- Appellant is having service tax registration at their Bombay office and it is undisputed fact that for the services rendered by the appellant from various branches, the appellant discharge.....


255

2015 (5) TMI 632 - MADRAS HIGH COURT - VAT and Sales Tax

M/s. Mehta Cad Cam Systems Pvt. Ltd. Versus The Deputy Commercial Tax Officer

Detention of goods - first respondent erroneously treated the transfer as inter state sale without even conducting any enquiry or appreciating the contents of the documents produced to substantiate their claim - Levy of compounding fees - Held that:-.....


256

2015 (5) TMI 631 - SUPREME COURT - Central Excise

M/s. Thermax Babcock And Wilcox Ltd. Versus Commnr. of Central Excise, Pune

Valuation - whether the value of bought out items should be added to the assessable value of the boilers - assessee had removed boilers in unassembled form at the factory site according to the excise authorities - Held that:- If there was no such amo.....


257

2015 (5) TMI 630 - SUPREME COURT - Central Excise

Commnr. of Central Excise, Chandigarh Versus M/s Oswal Yarns Ltd.

Classification of goods - Held that:- goods in question, viz., manufacturing yarn out of synthetic waste, rags, silk waste and wool waste are subject to levy of excise duty under entry 5509.90 - Tribunal has reduced the amount of demand of ₹ 26.....


258

2015 (5) TMI 629 - SUPREME COURT - Central Excise

M/s. Gajra Gears Ltd Versus Commissioner of Customs And Central Excise

Classification of hand trolley or fork lift etc. manufactured for captive consumption for use in manufacturing of Parts of motor vehicle - These trolleys and fork lift are placed on iron/steel or aluminum known as "3 FAG Pallets" - Classification und.....


259

2015 (5) TMI 628 - SUPREME COURT - Central Excise

The Union of India & Others Versus M/s. Asahi India Safety Glass Ltd.

Validity of order of settlement of commission - MODVAT Credit - use of inputs for manufacturing activity or not - respondent made an admission to the extent that it had received the float glass in packaged form and on the opening of the wooden boxes,.....


260

2015 (5) TMI 627 - SUPREME COURT - Central Excise

Crompton Greaves Ltd. Versus Commnr. of Central Excise, Aurangabad

Valuation - Captive consumption - price shown for various models of VIT cleared for captive consumption of the appellant's own unit at Nasik is much lesser than the price at which the appellant had been selling such products to the other parties - He.....


261

2015 (5) TMI 626 - SUPREME COURT OF INDIA - Central Excise

M/s. Ralson (India) Ltd. Versus Commnr. Of Central Excise, Chandigarh-I

Exemption under Notification No.152/1987 CE dated 25.5.1987 or Notification No.64/94-CE dated 1.3.1994 - Held that:- Assessee took the plea that since the decision of the exemption vide Notification dated 1.3.94 was an inadvertent error and the Gover.....


262

2015 (5) TMI 625 - GUJARAT HIGH COURT - Central Excise

M/s. Jitendra Synthetics Versus Commissioner of Central Excise & Customs

Imposition of penalty - Whether the Appellate Tribunal was right in imposing penalty on the appeal under Rule 57U[6] in the facts of this case - Held that:- If the provision for imposing penalty was not in existence in December, 1994 when the contrav.....


263

2015 (5) TMI 624 - PUNJAB & HARYANA HIGH COURT - Corporate Laws

Rajiv Jain and others Versus Asian Consolidated Ind. Ltd.

Application for revival of company - Claim of State Bank of India's satisfied - Dues of the company in liquidation towards the Corporation stands satisfied as per one time settlement reached - Held that:- In view of the changed circumstances, the Com.....


264

2015 (5) TMI 623 - DELHI HIGH COURT - Income Tax

Commissioner of Income Tax, Delhi Versus M.M. Aqua Technologies Ltd.

Restriction on deduction on Interest u/s 43B - Funding of the interest amount by way of a term loan - whether amounts to actual payment as contemplated by Section 43B? - Held that:- From the AO's order, it is evident that the loans, in respect of whi.....


265

2015 (5) TMI 622 - CALCUTTA HIGH COURT - Income Tax

Navin Kumar Agarwal Versus Commissioner of Income Tax-XII, Kolkata

Validity of assessment under Section 158BC - whether barred by limitation and is therefore illegal, invalid and without jurisdiction? - Held that:- The period of limitation for the purposes of Income Tax Act under Section 158BE is dependent on the co.....


266

2015 (5) TMI 621 - BOMBAY HIGH COURT - Income Tax

Sesa Goa Ltd. Versus Commissioner of Income Tax, Panaji-Goa

Deduction under Section 80HHC - inclusion of Hire of barges - Held that:- The receipts received on such hire would be in the nature of rent or similar to rent and therefore, would fall in the items specified in clause baa (1) of Explanation to Sectio.....


267

2015 (5) TMI 620 - BOMBAY HIGH COURT - Income Tax

Capgemini India Pvt. Ltd. Versus Asst. Commissioner of Income Tax Circle 14 (1) (2) , Mumbai And Others

Reopening of assessment - claim of deduction under section 10A disallowed - Held that:- We fail to understand as to how the Respondents justify the issuance of the notice under section 148 of the IT Act and by referring to such details including of t.....


268

2015 (5) TMI 619 - PUNJAB & HARYANA HIGH COURT - Income Tax

Varinder Kumar Sood Versus Commissioner of Income Tax-II, Jalandhar

Unaccounted deposit in bank account - not been clarified by the assessee as to why he chose to open an account with Axis Bank, Kapurthala alongwith one Lakhbir Singh by giving his own PAN number - Tribunal did not accept the assessee's case regarding.....


269

2015 (5) TMI 618 - DELHI HIGH COURT - Income Tax

The Commissioner of Income Tax Versus M/s. Eicher Ltd.

Allowability of Interest amount which was not paid - whether amounts to actual payment as contemplated by Section 43B? - Held that:- From the AO's order, it is evident that the loans, in respect of which the assessee claims deduction of interest unde.....


270

2015 (5) TMI 617 - PUNJAB & HARYANA HIGH COURT - Income Tax

P.M.S. Diesels, Torque Pharmaceuticals Pvt Ltd, M/s Rana Polycot Ltd, M/s Ind Swift Laboratories Ltd Versus Commissioner of Income-Tax-2, Jalandhar

Disallowance contemplated by Section 40(a)(ia) - Whether can be applied when payments in respect of which tax is deductible at source has already been made by the assessee to the payee at the time of computing the income chargeable under the head "pr.....


271

2015 (5) TMI 616 - KARNATAKA HIGH COURT - Income Tax

Commissioner of Income Tax, Deputy Commissioner of Income Tax Versus M/s Kapur Investments (P) Ltd.

Sale of shares - capital gains or business income - Held that:- Investment through Portfolio Management Service, which may deal with the shares of the assessee so as to derive maximum profits cannot be termed as business of the assessee but would onl.....


272

2015 (5) TMI 615 - GUJARAT HIGH COURT - Income Tax

COMMISSIONER OF INCOME TAX Versus VALLABHDAS VITHALDAS

Revision u/s 263 - whether Tribunal was right in coming to the conclusion that the basis of intervention by the Commissioner should be part of the records in the assessment proceedings of the assessee and the statements in the search operations regar.....


273

2015 (5) TMI 614 - KARNATAKA HIGH COURT - Income Tax

The Commissioner of Income-tax and The Assistant Commissioner of Income-tax, Central Circle, Bangalore Versus Intel Technology India (P.) Ltd.

Proceeding against a non-existing company - Held that:- The proceedings had been initiated against a non-existing company/SSS Limited even after the amalgamation of the said company with M/s Intel Technology India Pvt. Ltd.. We do not see any good g.....


274

2015 (5) TMI 613 - DELHI HIGH COURT - Income Tax

COMMISSIONER OF INCOME TAX (C) -II Versus MICRA INDIA PVT LTD

Validity of notice issued under Section 153C/143(3) - since the assessee had amalgamated with the transferee company, notice ought to have been sent to the latter, and since such notice had not been issued to the transferee company, the entire procee.....


275

2015 (5) TMI 612 - CALCUTTA HIGH COURT - Income Tax

COMMISSIONER OF INCOME TAX, KOIKATA-III, KOLKATA Versus M/s. CELLICE DEVELOPERS PRIVATE LIMITED

Disallowance u/s 14A - ITAT allowed the claim - Held that:- There is substantial strength in the argument of assessee that out of the total investment of ₹ 109,32,88,180/-, major part was of shares in M/s. Magma Shrachi Finance Ltd. It is not d.....


276

2015 (5) TMI 611 - ITAT MUMBAI - Income Tax

Lakozy Motors Pvt Ltd And Others Versus Income Tax Officer And Others

Disallowance of commission expenses - non-deposit of tax deducted at source (TDS) within the stipulated time period u/s. 40(a)(ia) - Held that:- Amendment by Finance Act, 2010 (w.e.f 01.04.2010), providing time for deposit of TDS up to the due date o.....


277

2015 (5) TMI 610 - ITAT PUNE - Income Tax

The Commissioner of Income Tax, Circle-1, Solapur Versus Janata Sahakari Bank Ltd.

Interest on Non Performing Assets u/s.43D - CIT(A) deleted the addition - whether assessee being a non scheduled bank could not take the benefit of section 43D? - Held that:- In view of the ratio laid down in ACIT Vs. Osmanabad Janta Sah. Bank Ltd. (.....


278

2015 (5) TMI 609 - ITAT HYDERABAD - Income Tax

M/s. Ushodaya Enterprises Private Limited Versus Asstt. Commissioner of Income-tax

TDS liability under S.194J in respect of payments made to news service agencies - Held that:- Issue is covered by the decision of the Tribunal in assessee’s own case for assessment years 2004-05 to 2006-07 [2012 (7) TMI 120 - ITAT HYDERABAD] against .....


279

2015 (5) TMI 608 - ITAT MUMBAI - Income Tax

Shri Gunjan Nikhil Chandna Versus ITO

Additions on account of Gross Receipts - A.O. making addition by alleging that the same has been accrued to the Appellant from M/s. Standard Chartered STCI Capital Markets Ltd. - Held that:- We agree with the revenue authorities that since the amount.....


280

2015 (5) TMI 607 - ITAT DELHI - Income Tax

JC Bamford Investments Rocester Versus Additional Director of Income Tax

Existence of Permanent Establishment (PE) in India or not - India UK DTAA - Held that:- All the requisite conditions for attracting the mandate of Article 5(2)(k) are satisfied inasmuch as (i) there is furnishing of services including managerial serv.....


281

2015 (5) TMI 606 - ITAT MUMBAI - Income Tax

ACIT Versus Ankit Gems & M/s B. Arvindkumar & Co

Mark to market loss - revlauation of forward contract agreements on the closing date of accounting year - not a notional loss therefore allowable as per CIT(A) - Held that:- The Hon’ble Supreme Court in the case of ONGC Vs. CIT, [2010 (3) TMI 81 - S.....


282

2015 (5) TMI 605 - ITAT MUMBAI - Income Tax

ITO & Others Versus M/s KBL PIL Consortium & Others

G.P. addition - rejection of books of accounts - Held that:- Here in this case when existence of Consortium is not doubted the only issue remains if letting out the entire job to one of the party of the Consortium was a fact or not in the case and co.....


283

2015 (5) TMI 604 - ITAT AHMEDABAD - Income Tax

Sun Pharmaceuticals Industries Ltd. And Others Versus Deputy Commissioner of Income Tax And Others

Reduction of amount of profits eligible for deduction u/s 80HHC from the book profits u/s 115JB - Minimum Alternate Tax (MAT) - After reading the cited decisions viz. Ajanta Pharma Ltd. (2010 (9) TMI 8 - SUPREME COURT ) and Bhari Information Tech.Sy.....


284

2015 (5) TMI 603 - MADRAS HIGH COURT - Central Excise

M/s. Malladi Drugs & Pharmaceuticals Ltd. Versus The Union of India, The Commissioner of Central Excise

Constitutional validity of Rule 8(3A) of the Central Excise Rules, 2002 - Violation of Article 14 - Held that:- Petitioners-assessees have not illegally or irregularly taken the CENVAT credit. It is to be mentioned herein that sub-rule (1) of Rule 8 .....


285

2015 (5) TMI 602 - MADRAS HIGH COURT - Central Excise

M/s. Caress Industries Pvt. Ltd. Versus The Customs, Excise and Service Tax Appellate Tribunal and The Commissioner of Central Excise, Salem

Waiver of pre deposit - whether the goods cleared by the appellant falls under the category of other fertilizers or not - Held that:- Factual issues have to be gone into by the Tribunal taking into consideration the relevant materials placed by the a.....


286

2015 (5) TMI 601 - SUPREME COURT - Central Excise

M/s. Prakash Industries Ltd. Versus The Commissioner (Adj.) Central excise

Waiver of pre deposit - Supreme Court after granting another four weeks' time dismissed the appeal filed by the assessee against the order of High Court [2015 (5) TMI 567 - CHHATTISGARH HIGH COURT] wherein High Court upheld the pre deposit demand mad.....


287

2015 (5) TMI 600 - ITAT MUMBAI - Income Tax

Infrastructure Leasing & Financial Services Ltd. Versus Jt. Commissioner of Income Tax, Spl. Rg. & Adll. CIT Spl Rg

Disallowance u/s 35D - assessee is not an industrial undertaking as it is dealing in the business of finance and leasing - Held that:- This is a recurring issue in the case of the assessee coming from the earlier years. In the A.Y. 1991-92, the Tribu.....


288

2015 (5) TMI 599 - KERALA HIGH COURT - Service Tax

THE KIZHAKKENCHERY SERVICE CO-OPERATIVE BANK LIMITED Versus THE COMMISSIONER, OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE, AND OTHERS

Demand of service tax - Held that:- service tax demanded has already been satisfied under protest, but the adjudication is still to be finalised, it is made clear that in the course of such adjudication exercise, if the authority arrives at a finding.....


289

2015 (5) TMI 598 - CESTAT NEW DELHI - Service Tax

M/s KD Builders Versus Commissioner of Central Excise And Service Tax, Jaipur-I

Classification of service - whether the services provided by the noticee during the period from 1.10.2006 to 31.3.2011 fall under the category of 'Construction of Complex Services' or any other service according to nature of work undertaken by them -.....


290

2015 (5) TMI 597 - CESTAT NEW DELHI - Service Tax

M/s Quadrant Televentrures Ltd Versus Commissioner of Central Excise And Service Tax, Chandigarh-I

Rectification of mistake - Imposition of penalty - Calculation of period of limitation - Held that:- If there is a mistake apparent on record the application for rectification of mistake can be filed within 2 years of the date of which such order was.....


291

2015 (5) TMI 596 - KERALA HIGH COURT - VAT and Sales Tax

HARIT HEAVENS (P) LTD. Versus COMMERCIAL TAX OFFICER AND OTHERS

Waiver of pre deposit - According to the petitioner, in respect of assessment years 2006-07, 2007-08 and 2008-09 petitioner's appeals are still pending wherein they have already remitted 30% of the demand to obtain stay of further proceedings - H.....


292

2015 (5) TMI 595 - KARNATAKA HIGH COURT - VAT and Sales Tax

State of Karnataka Versus M/s. Toshiba Embedded Software (India) Pvt. Ltd. (Successor of M/s. Socrates Software India Pvt Ltd)

Denial of exemption claim - contravention or non-observance or non-compliance to the notifications - Held that:- The assessee purchased furniture from the seller who is a dealer in furniture. The exemption notification relied upon is in respect of sa.....


293

2015 (5) TMI 594 - PUNJAB & HARYANA HIGH COURT - Central Excise

Maruti Suzuki India Ltd. Versus Commissioner of Central Excise-Delhi-III

Waiver of pre deposit - Valuation of goods - dealers of Maruti Suzuki are charging price over and above the ex-showroom price from the ultimate customers of the vehicles - whether part of the promotional discount paid from the dealer's margin is incl.....


294

2015 (5) TMI 593 - ALLAHABAD HIGH COURT - Central Excise

M/s. The Dhampur Sugar Mills Limited Versus Commissioner Central Excise

Denial of MODVAT Credit - Welding electrodes - Held that:- Welding Electrodes" as such have nothing to do with manufacture of 'sugar' and 'molasses' and other products, but, same is used for the purpose of repair and maintenance of machines, worn out.....


295

2015 (5) TMI 592 - MADRAS HIGH COURT - Central Excise

M/s. Nirmala Filaments (India) Pvt. Limited Versus The Customs and Central Excise Settlement Commission Chennai and Commissioner of Central Excise, Coimbatgore

Duty demand - MIsdeclaration of goods - Wrong claim of exemption - Held that:- duty admitted by the petitioner before the CCESC was ₹ 37,38,184/- which was settled at ₹ 36,90,325/-. The CCESC has accepted that the petitioner had extended .....


296

2015 (5) TMI 591 - COMPANY LAW BOARD NEW DELHI - Corporate Laws

ARG Auto Components (P.) Ltd. Versus Atlas Pet Plas Industries Ltd.

Application for rectification of the register of members u/s 111 r/w section 402 & 403 of the Companies Act, 1956 - Illegally allotment of shares - Wrongly admitted as a member / shareholder of company - No provision u/s 111A regarding allotment is v.....


297

2015 (5) TMI 590 - SUPREME COURT - Income Tax

SESHASAYEE PAPER & BOARDS LIMITED Versus DEPUTY COMMISSIONER OF INCOME TAX

Unabsorbed depreciation - whether unabsorbed depreciation should be allowed before the allowance of the unabsorbed investment allowance in computing income when the assessee had not claimed the unabsorbed depreciation in its income-tax return though .....


298

2015 (5) TMI 589 - PUNJAB & HARYANA HIGH COURT - Income Tax

M/s Kudos Chemie Ltd. Versus Assistant Commissioner of Income Tax (TDS) , Chandigarh

Prosecution proceedings under section 276B - tax deducted by the petitioner of an amount of ₹ 1.04 crores had been deposited by it into the Central Government Account after the due date prescribed under the Income Tax Act, 1961 - Held that:- Su.....


299

2015 (5) TMI 588 - PUNJAB & HARYANA HIGH COURT - Income Tax

Varinder Kumar Sood Versus Commissioner of Income Tax-II, Jalandhar

Unaccounted bank account - addition to income - AO held that it had not been clarified by the assessee as to why he chose to open an account with Axis Bank, Kapurthala alongwith one Lakhbir Singh by giving his own PAN number. Lakhbir Singh was a join.....


300

2015 (5) TMI 587 - ANDHRA PRADESH HIGH COURT - Income Tax

Rastriya Ispat Nigam Limited Versus Asst. Commissioner of Income Tax & another

Period of limitation for rectification of mistake u/s 154 - doctrine of merger - whether the limitation of four years u/s 154(7) would commence from the date of the assessment order dated 26.03.2007 and not from the date of re-assessment order, u/s 1.....


301

2015 (5) TMI 586 - ITAT DELHI - Income Tax

Kisan Sahkari Chini Mills Ltd Versus ACIT

Valuation of closing stock of Sugar - appellant being covered under Sampat Incentive Scheme - closing stock of levy sugar and work in progress (WIP) were directed to be taken at the same as in force for free sugar by CIT(A) - Held that:- A relying on.....


302

2015 (5) TMI 585 - ITAT MUMBAI - Income Tax

M/s Gaurisons Versus ITO

Penalty u/s 271(1)(C) - disallowance was a case of concealment and that the assessee had furnished in accurate particulars of income - Held that:- The assessee valued its closing stock at cost or market value whichever is lower and on that basis adop.....


303

2015 (5) TMI 584 - ITAT MUMBAI - Income Tax

Perma Pipe India Pvt. Ltd. Versus Dy. Commissioner of Income Tax

Disallowance of claim of royalty payment - Revenue or capital expenditure - payment made by the assessee in pursuance of the agreement entered by the assessee with “PPME” - Held that:- In the instant case, the duration of the agreement was utmost for.....


304

2015 (5) TMI 583 - ITAT DELHI - Income Tax

Additional Director of Income Tax (International Taxation) Versus Baker Hughes Singapore Pte Ltd

Applicability of provisions of section 44BB - interpretation of the legislative intent behind the scheme of taxation envisaged in 9(1)(vii) rw 44DA and 44BB - whether the provisions of Section 44BB will apply to the facts or whether Section 44DA will.....


305

2015 (5) TMI 582 - ITAT DELHI - Income Tax

Additional Director of Income Tax (International Taxation) Versus Baker Hughes Singapore Pte Ltd

Applicability of provisions of section 44BB - interpretation of the legislative intent behind the scheme of taxation envisaged in 9(1)(vii) rw 44DA and 44BB - whether the provisions of Section 44BB will apply to the facts or whether Section 44DA will.....


306

2015 (5) TMI 581 - ITAT DELHI - Income Tax

Artisans Micro Finance (P) Ltd. Versus The Income Tax Officer

Disallowance u/s 40A(2)(b) - excessive remuneration to Directors - Held that:- In the present case, it is noticed that one of the Directors, namely, Ms. Dilpreet Singh is a Chartered Accountant and also qualified CPA from the USA. She was earlier emp.....


307

2015 (5) TMI 580 - ITAT DELHI - Income Tax

ITO Versus Kanwar Pal Rajput

Disallowance of deduction u/s 54B - non utilization of capital gain before the due date of furnishing of the return - investment in the agricultural land - CIT(A) deleted the disallowance - assessee sold urban agricultural land and claimed the dedu.....


308

2015 (5) TMI 579 - ITAT LUCKNOW - Income Tax

M/s Yog Builders Versus ACIT Central Circle 1

Unexplained loans - non production of creditors after lapse of more than 10 years - Held that:- Despite opportunities afforded to the assessee, no evidence was placed. Initially, the assessee sought adjournment before the Assessing Officer on the gro.....


309

2015 (5) TMI 578 - ITAT LUCKNOW - Income Tax

Cane Development Council & Others Versus Income Tax Officer & Others

Income under section 2(24) - contribution in the form of commission" received from Sugar Mills and co-operative cane growers society and "Grants", received from State Government and Central Sugar Cane Committees for specified purposes being "construc.....


310

2015 (5) TMI 577 - ITAT MUMBAI - Income Tax

M/s. Times Guaranty Limited Versus ACIT, Circle 1 (3) , Aayakar Bhavan, Mumbai

Rectification of error - order was pronounced beyond the period of 60 days - Held that:- Merely because, there is a delay due to some exceptional circumstances, would not render the decision of the Tribunal as illegal or void. The contention of the L.....


311

2015 (5) TMI 576 - ITAT MUMBAI - Income Tax

ITO Versus Sri Sonpal Singh Pal Singh Saini

Unaccounted cash deposit in the bank account - CIT(A) deleted the addition - Held that:- The dates of withdrawal from the companies cash book matches with the dates of equivalent deposited in ICICI bank account of the assessee. A finding has also bee.....


312

2015 (5) TMI 575 - ITAT PUNE - Income Tax

M/s Bora Agro Foods Versus Addl. Commissioner of Income Tax

Disallowance u/s 40(a)(ia) - since no additional taxes on the disallowance in question were paid by the assessee in the preceding assessment year, the assessee cannot be allowed to reduce its tax burden by claiming deduction of the said amount agains.....


313

2015 (5) TMI 574 - ITAT PUNE - Income Tax

Shri Pritam Laxman Walvekar Versus The Income Tax Officer

Computation of log term capital gains - transfer of share of the assessee [co-owner of the property having 1/24th share] in property situated at Survey No.1611, Shivaji Nagar, Pune. Held that:- As submitted by assessee he did enter into an agreement .....


314

2015 (5) TMI 573 - ITAT PUNE - Income Tax

The Dy. Director of Income Tax Versus iGATE Computer Systems Ltd., (formerly known as Patni Computer Systems Limited)

Payment made for transfer of user rights of software - whether the same are taxable as royalty under Article 12/13 of Double Taxation Avoidance Agreement (DTAA) between India and USA/UK/Singapore - non-deduction of tax at source - whether the assesse.....


315

2015 (5) TMI 572 - ITAT PUNE - Income Tax

The Dukes Retreat Ltd. Versus Dy. Commissioner of Income Tax

Disallowance of renovation or maintenance expenditure of a part of the hotel building - revenue expenditure or capital expenditure - Held that:- As relying on Comfort Living Hotels P. Ltd. vs. CIT, (2014 (3) TMI 585 - DELHI HIGH COURT ) mere increase.....


316

2015 (5) TMI 571 - ITAT PUNE - Income Tax

Income Tax Officer Versus Shri Prakash Rajaram Bolgamwar

Capital gain arising out of the acquisition of land - sale of rights in the property - acquisition of property but transfer deed was not registered - short term capital gain or long term capital gain - Held that:- In the facts of the present case, w.....


317

2015 (5) TMI 570 - CESTAT NEW DELHI - Service Tax

M/s. Karni Construction Company Versus C.C.E. &S. T., Jaipur-I

Waiver of pre deposit - Demand of service tax - Construction of Residential Complex service - Held that:- Considering the fact that as the certificate issued by Rajasthan Housing Board that the construction was individual residential units and the is.....


318

2015 (5) TMI 569 - ALLAHABAD HIGH COURT - Central Excise

M/s Upper Ganges Sugar & Industries Ltd. Versus The Commissioner Customs & Central Excise

Disallowance of CENVAT Credit - Capital Goods - Welding electrodes - Whether 'welding electrodes' can be treated to be 'capital goods' under Rule 57Q for the purpose of allowing MODVAT/CENVAT Credit thereon to the appellant assessee d.....


319

2015 (5) TMI 568 - CESTAT NEW DELHI - Central Excise

M/s. Prakash Industries Ltd. Versus CCE & ST, Indore

Waiver of pre deposit - Clandestine manufacture and removal of goods - captive consumption - Held that:- Investigation established that there were serious irregularities in the entries on records maintained at the plant site and excise wing of the ap.....


320

2015 (5) TMI 567 - CHHATTISGARH HIGH COURT - Central Excise

M/s Prakash Industries Limited Versus The Commissioner (Adj.) Central Excise

Waiver of pre deposit - clandestine removal and short stock goods - Held that:- The question of undue hardship has been considered by the Tribunal and has held that in case of deposit of ₹ 12,00,00,000/- , it would not cause any undue hardship .....


321

2015 (5) TMI 566 - PUNJAB & HARYANA HIGH COURT - Service Tax

Ajay Kumar Gupta Versus Customs, Excise & Service Tax Appellate Tribunal And Another

Penalty u/s 78 - Whether Section 78 of the Act stipulates imposition of penalty on any person liable to pay such service tax or erroneous refund as determined under Section 73A(2) of the Finance Act - Held that:- Once the service tax was not leviable.....


322

2015 (5) TMI 565 - ANDHRA PRADESH HIGH COURT - Service Tax

M/s. K.V. Narayana Reddy, Middela Village, Narsapuram Mandal, Kadapa District, Andhra Pradesh Versus The Additional Commissioner, O/o. The Commissioner of Customs, Central Excise and Service Tax, Tirupathi and others

Maintainability of appeal - After availing the remedy unsuccessfully before another Court whether Court can accept the challenge to the self same order, which has reached its finality under writ jurisdiction or not - Held that:- it is not legally per.....


323

2015 (5) TMI 564 - KERALA HIGH COURT - Service Tax

THE OKKAL SERVICE CO-OPERATIVE BANK LIMITED Versus UNION OF INDIA AND THE ASSISTANT COMMISSIONER, OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX AND OTHERS

Demand of service tax - Liability of co-operative societies to pay service tax - Held that:- Petitioner is relegated to pursue the matter before the third respondent/Superintendent of Central Excise in response to Exts.P1 and P3 proceedings. The thir.....


324

2015 (5) TMI 563 - DELHI HIGH COURT - VAT and Sales Tax

M/s. Shubham Marketing, Bharat Ram Raj Kumar & Co. Versus Commissioner Value Added Tax

Penalty in form DVAT-24A issued under Section 33 of the Delhi Value Added Tax Act, 2004 - non-filing of stock statement online in form Stock-I - whether the respondent-commissioner has the power or jurisdiction to impose fine as a punishment under th.....


325

2015 (5) TMI 562 - MADRAS HIGH COURT - VAT and Sales Tax

M/s. Anthony Garments Private Ltd. Versus The Commercial Tax Officer

Denial of refund claim - Input tax - Held that:- Additional Government Pleader has fairly submitted that the respondent may be directed to dispose of the representation dated 08.09.2014, submitted by the petitioner, by granting reasonable time limit .....


326

2015 (5) TMI 561 - CESTAT NEW DELHI - Central Excise

M/s Pepsico India Holding Pvt Ltd Versus Commissioner of Central Excise And Service Tax, Chandigarh-II

Condonation of delay - Inordinate delay of 293 days in filing the appeal - Held that:- Reason for delay, according to the appellant, is that at that time, a new Asstt . Manager (Commercial), Shri Sandeep Berry had joined as the earlier Assistant Mana.....


327

2015 (5) TMI 560 - CESTAT NEW DELHI - Central Excise

M/s Devta Steel Rolling Mills Versus Commissioner of Central Excise, Chandigarh

Rectification of mistake - Whether Rule 5 of Hot Re-Rolling Steel Mills Annual Capacity Determination Rules, 1997 would apply to the case where annual capacity of production has been re-determined in terms of Rule 4(2) on the account of change in par.....


328

2015 (5) TMI 559 - CESTAT MUMBAI - Central Excise

Ram Techno Pack Versus Commissioner of Central Excise, Pune-Iii

Benefit of Notifications 83/94-CE and 84/94-CE both dated 11.4.1994 - Penalty u/s 11AC - Held that:- Appellants have claimed the benefit of Notifications 83/94 and 84/94 for the first time before the Tribunal and obviously the same has not been exami.....


329

2015 (5) TMI 558 - CESTAT KOLKATA - Central Excise

M/s Lakhotia Metalizers Pvt Ltd And Others Versus Commissioner of Central Excise, Kol-III

Waiver of pre deposit - Duty evasion - Held that:- Duty evasion by M/s Lakhotia Metalizers Pvt. Ltd. and M/s A. B. Polymers, has been quantified from the records recovered from their premises - case is based on appreciation of evidence produced by bo.....


330

2015 (5) TMI 557 - SUPREME COURT - Customs

M/s. Tata Chemicals Ltd. Versus Commissioner of Customs (Preventive) Jamnagar

Denial of exemption on Coal import under Notification 35/90, 36/90 and 23/91 - Samples were rejected on ground of ash content being more than 12% - Samples were drawn in absence of any representative, in contravention of express provisions of IS 436 .....


331

2015 (5) TMI 556 - COMPANY LAW BOARD MUMBAI - Corporate Laws

JP. Financial Services (P.) Ltd. and Anothers Versus Golden Tobacco Ltd. and Others

Charges of oppression and mismanagement under Section 397/398 read with Sections 399, 402, 403 & 406 of the Companies Act, 1956 - Application to pass ad-interim orders - Matter already under consideration of BIFR under the SICA - SICA being a Specia.....


332

2015 (5) TMI 555 - SUPREME COURT - Income Tax

Commissioner of Income Tax-19, Mumbai Versus M/s. Sarkar Builders

Entitlement to deduction under Section 80IB(10) - Whether Section 80IB(10)(d) of the Income Tax Act, 1961 applies to a housing project approved before 31.03.2005 but completed on or after 01.04.2005? - Held that:- In the present case, the approval o.....


333

2015 (5) TMI 554 - SUPREME COURT OF INDIA - Income Tax

UMAKANT B AGRAWAL Versus THE DY. COMMISSIONER OF INCOME TAX

Unaccounted services rendered by brokers - Held that:- Delay condoned. No legal and valid ground for interference. The appellant has not been able to discharge the burden and it is not impossible. It is a primary onus and which was to be discharged a.....


334

2015 (5) TMI 553 - DELHI HIGH COURT - Income Tax

Ircon International Ltd. Versus Deputy Commissioner of Income Tax

Computation of capital loss - Whether the assessee’s claim that there was a loss and/or it was a capital loss is legally tenable? - amounts accruing, during the assessment year, to the assessee from bonds issued to it, by the Central Government, in l.....


335

2015 (5) TMI 552 - DELHI HIGH COURT - Income Tax

Commissioner of Income Tax, Delhi And Others Versus M/s. Velocient Technologies Ltd. And Others

Reopening of assessment - Held that:- As far as the assessee’s complaint of not being made aware of the “reasons to believe” or opinion for reassessment is concerned, the argument proceeds on a misconception. The Act does not stipulate furnishing of .....


336

2015 (5) TMI 551 - CALCUTTA HIGH COURT - Income Tax

DYNAMIC FOUNDATIONS PVT. LTD. Versus COMMISSIONER OF I. TAX - I, KOLKATA

Preferential Equity Warrants - whether investment and not stock-in-trade and was not for business purpose? - Tribunal held that the loss on the forfeiture of application money for Preferential Equity Warrants was a capital loss and not a revenue loss.....


337

2015 (5) TMI 550 - MADHYA PRADESH HIGH COURT - Income Tax

Madhya Pradesh Audyogik Kendra Vikas Nigam Ltd. Versus Assistant Commissioner Of Income Tax

Stay the demand of income tax, interest and penalty - Held that:- On due consideration of the submissions of the learned counsel for the parties and considering the fact that the appeals against the assessment orders for the assessment years 2003-04 .....


338

2015 (5) TMI 549 - CALCUTTA HIGH COURT - Income Tax

COMMISSIONER OF INCOME TAX, KOLKATA Versus M/s. S.R. BATLIBOI & ASSOCIATES

Disallowance of remuneration of the partners u/s 185 - instrument of change in partnership was not filed along with the return - ITAT allowed the claim - Held that:- The records reveal that a prayer was made before the assessing officer on behalf of .....


339

2015 (5) TMI 548 - DELHI HIGH COURT - Income Tax

M/s. Mayur Recreational & Dev. Ltd. Versus CIT

Estimation of ALV of property - IT estimating the ALV of the property at Nos. 14-16, Aurangzeb Road, New Delhi at ₹ 9,32,888 as against ₹ 5,12,932 declared by the assessee in the return - Held that:- Annual value of the property for deter.....


340

2015 (5) TMI 547 - ITAT DELHI - Income Tax

ACIT, Circle 12 (1) , New Delhi Versus M/s. Intell Invofin India Pvt. Ltd.

Penalty u/s 271(1)(c) - disallowance u/s 14A - Held that:- The assessee had earned dividend income which is an exempt income and assessee, on its own, disallowed a sum of 1% of dividend income u/s 14A. The Tribunal further held that the AO was not sa.....


341

2015 (5) TMI 546 - ITAT BANGALORE - Income Tax

M/s. Ingersoll-Rand (India) Limited Versus Asst. Commissioner of Income Tax,

Transfer pricing adjustment - Adjustment to the manufacturing segment - TPO considered the international transactions of Air Solutions Segment consisting of sales of ₹ 84,50,33,854 as part of the infrastructure segment while making the adjustme.....


342

2015 (5) TMI 545 - ITAT MUMBAI - Income Tax

Shri Deven J Mehta Versus Dy. Commissioner of Income Tax

Addition during search - proceedings u/s 153A challenged - CIT(A) confirming the addition to the extent of ₹ 3.00 crores, on the basis of loose papers found during the course of search in the premises of assessee’s father - Held that:- The “sat.....


343

2015 (5) TMI 544 - ITAT MUMBAI - Income Tax

Asst. Commissioner of Income Tax Versus Shri Burgis Keki Daruwalla

Penalty u/s 271(1)(c) - tenancy rights were not acquired on 02/05/2005 and further tenancy rights are not covered u/s 32 of the Act for claim of depreciation - Held that:- If the assessee does not make a claim then no deduction may be granted. Non-al.....


344

2015 (5) TMI 543 - ITAT MUMBAI - Income Tax

Harish Chandra Gutt & Co. Pvt. Ltd. Versus ITO

Disallowance of compensation paid to sister concern for executing transactions on the Bombay Stock Exchange - Held that:- Assessee has submitted its computation of total income, balance sheet for the relevant assessment year along with details of bro.....


345

2015 (5) TMI 542 - ITAT DELHI - Income Tax

Rapid Packaging Ltd. Versus DCIT (HQ)

Unexplained investments - Unexplained credits received - accommodation entries - deposits in appellant's bank accounts received from various intermediaries operated by Sh. SK Gupta to provide accommodation entries to various beneficiaries against.....


346

2015 (5) TMI 541 - ITAT DELHI - Income Tax

ACIT Versus Hema Engineering Industries (P) Ltd.

Disallowance of depreciation on computer accessories - assessee claimed depreciation @ 60%, which was restricted to 15% by the AO - CIT(A) deleted the disallowance - Held that:- The issue in question is squarely covered by various decisions of differ.....


347

2015 (5) TMI 540 - ITAT MUMBAI - Income Tax

Shri Gunjan Nikhil Chandna Versus ITO

Additions on account of Gross Receipts - CIT(A) confirmed addition alleging that the same has been accrued to the Appellant from M/s. Standard Chartered STCI Capital Markets Ltd. - Held that:- We agree with the revenue authorities that since the amou.....


348

2015 (5) TMI 539 - ITAT MUMBAI - Income Tax

Shri Karan Yash Johar, (Prop. M/s Dharma Productions) Versus Dy. Commissioner of Income Tax

Disallowance of expenditure incurred on costumes and dress - Held that:- imilar addition made in the case of assessee in the assessment years 2006-07 & 2008-09 was deleted by the CIT(A). In the year under consideration, the CIT(A) has confirmed the d.....


349

2015 (5) TMI 538 - ITAT DELHI - Income Tax

Divisional Forest Officer Versus ITO (TDS)

TCS u/s 206C - sale of forest produce, not being timber or tendu leaves - waiver from collection of TCS - Demand u/s 206C(6) and 206C(7)- Assessee in default for such non-collection of tax at source at the time of sale of the goods - assessee conten.....


350

2015 (5) TMI 537 - ITAT BANGALORE - Income Tax

Smt. Nagamani KT. Versus Income Tax Officer

Penalty under Section 271(1)(c) - admission of income during survey - Held that:- As relying on case of Vasavi Shelters [2013 (4) TMI 485 - ITAT BANGALORE]wherein it was held that there can be no justification for the levy of penalty under Section 27.....


351

2015 (5) TMI 536 - ITAT HYDERABAD - Income Tax

Kushal Kumar Kankaria, Dinesh Kumar Kankaria & Sanjay Kumar Kankaria Versus Asst. Commissioner of Income tax

Revision u/s 263 - levy of tax on capital gains pursuant to the development agreement - Held that:- In the present case, AO has not at all examined the issue, though, materials relating to entering into the development agreement are available on reco.....


352

2015 (5) TMI 535 - ITAT DELHI - Income Tax

ACIT Versus M/s Mehrotra Invofin India Pvt. Ltd.,

Penalty u/s. 271(1)(c) - disallowance u/s. 14A - Held that:- As decided in Commissioner of Income tax Vs. Reliance Petroproducts Pvt. Ltd. reported in [2010 (3) TMI 80 - SUPREME COURT] Where there is no finding that any details supplied by the assess.....


353

2015 (5) TMI 534 - CESTAT NEW DELHI - Service Tax

Karnataka Udyog Mitra Versus Commissioner of Service Tax, Bangalore

Invocation of extended period of limitation - Whether the appellant, a Government of Karnataka undertaking/Organization is liable to pay service tax on the processing fee (according to them) collected by them is liable to service tax under 'Manag.....


354

2015 (5) TMI 533 - CESTAT BENGLALORE - Service Tax

ITW INDIA LTD Versus COMMISSIONER OF CUSTOMS, CENTRAL EXCISE AND SERVICE TAX, HYDERABAD-I

Waiver of pre deposit - Eligibility of a manufacturer availing CENVAT credit of input services - Trading activity - Held that:- appellant shall be liable to pay interest on the amount of irregular credit availed during the period from October 2006 to.....


355

2015 (5) TMI 532 - KERALA HIGH COURT - VAT and Sales Tax

Rajasekhara Kurup S/o. Ramakrishna Kurup, Sivasailam Versus The Commissioner of Commercial Taxes

Extension of interim stay - Finalization of proceedings - Held that:- petitioner submits that the condition imposed as per Ext.P17 was not satisfied , earnestly under the belief that the proceedings will be finalised without any delay and that the pe.....


356

2015 (5) TMI 531 - MADRAS HIGH COURT - VAT and Sales Tax

M/s. Sunder Electronics Versus The Commercial Tax Officer

Rejection of the petitioner's return filed as being incorrect and incomplete - Held that:- It is seen that the writ petition was entertained by this Court, since the challenge to the validity of Section 19(2) of the Act was pending at the relevan.....


357

2015 (5) TMI 530 - MADRAS HIGH COURT - VAT and Sales Tax

M/s. Pankaj Impex (India) Versus The Commercial Tax Officer

Stock transfer to Calcutta - Levy of tax on DEPB licences in Calcutta - Held that:- On perusal of the impugned order, it is seen that the Assessing Officer is solely guided by the proposal given by the Enforcement Wing Officers and there is no indepe.....


358

2015 (5) TMI 529 - BOMBAY HIGH COURT - Central Excise

Commissioner of Central Excise, Goa Versus Essel Propack Ltd.

CENVAT Credit - duty paying documents - Whether the respondent is entitled to claim CENVAT Credit prior to 16/06/2005 on the basis of TR6 Challan, in terms of Rule 9 which was introduced on 16/06/2005 - reverse charge - Held that:- In terms of clause.....


359

2015 (5) TMI 528 - CESTAT AHMEDABAD - Central Excise

M/s. Belgium Glass & Ceramics Pvt. Limited And Others Versus Commissioner of Central Excise & S.T., Ahmedabad And Others

Clandestine removal of goods - Valuation of goods - enhancement of value of frit based on the pen-drive recovered from SANYO and writing pads recovered - Held that:- A precise enumeration of all situations in which one could hold with activity that t.....


360

2015 (5) TMI 527 - CESTAT MUMBAI - Central Excise

M/s. Sai Wardha Power Ltd. Versus Commissioner of Central Excise, Nagpur

Refund claim - Jurisdiction of Tribunal - SEZ unit located in India - Held that:- Wordings of clause (b) of proviso to Section 35B(1) is clear that only those cases where the goods have been exported to any country or territory which is outside of In.....


361

2015 (5) TMI 526 - CESTAT MUMBAI - Central Excise

Otis Elevator Co. (I) Ltd. Versus Commissioner of Central Excise, Mumbai-V

Valuation of goods - Suppression of value - inclusion of notional interest - Held that:- Contract value has not been reduced due to advance taken and in case of higher advances, the value is lower. In the list given in the show cause notice, it is se.....


362

2015 (5) TMI 525 - CESTAT NEW DELHI - Central Excise

M/s Perfect Mechanical Industries Versus C.C.E. Delhi IV

CENVAT Credit - Valuation - body builder who build body on the chassis received from the chassis manufacturers - Job work - Department's view is that the case is covered by Rule 10A(ii) of the Central Excise Valuation Rules, 2000 and accordingly,.....


363

2015 (5) TMI 524 - CESTAT NEW DELHI - Customs

Shri Krishna Woollen Mills Versus Commissioner 0f Customs, ICD, New Delhi

Confiscation of goods - provisional release of goods - Furnishment of bank guarantee - whether the conditions imposed for withdrawal of seized goods attempted to export and for probable imposition of fine and penalty are harsh and arbitrary - Held th.....


364

2015 (5) TMI 523 - COMPANY LAW BOARD CHENNAI - Corporate Laws

Gujarat Industrial Investment Corporation Ltd. Versus M/s. Twenty First Century Management Services Ltd.

Application under section 111A of the Companies Act, 1956 for register the shares - Shares pledge on account to avail bill re-discounting facility - Default in making payments in respect of the bills discounted - Shareholder signed the share transer .....


365

2015 (5) TMI 522 - COMPANY LAW BOARD NEW DELHI - Corporate Laws

Gautam Bharadwaj Versus Invest India Micro Pension Services (P.) Ltd.

Notice of Termination - Allegations of various related party transactions - Demand of appointment of an Independent Expert Committee to look into allegations - Matter of perjury liable to be punished u/s 448 & 449 of the Companies Act 2013, r/w 195 &.....


366

2015 (5) TMI 521 - SUPREME COURT - Income Tax

Joshi Technologies International Inc. Versus Union of India & Others

Entitlement to benefit of Section 42 - business for prospecting, etc., for mineral oil. - discrepancy in the agreement - allowances, as stipulated in the Section, were not specifically mentioned in the agreement - Whether benefit under Section 42 .....


367

2015 (5) TMI 520 - BOMBAY HIGH COURT - Income Tax

M/s. Cosme Matias Menezes Pvt Ltd, M/s CMM Logistics Pvt Ltd Versus Commissioner of Income Tax

Condonation of delay - Held that:- Delay in the present case is only of one day, we find that the approach of the Respondents in refusing to condone the delay is a pedantic which, if allowed to stand, would result in great hardship to the Petitioners.....


368

2015 (5) TMI 519 - PATNA HIGH COURT - Income Tax

M/s Bihar Industrial Area Development Authority Versus The Assistant Commissioner of Income Tax (TDS) , Circle, Patna And Others

Exemption certificate for non deduction of TDS under Section 197 rejected - as per assessee interest in question earned on the funds provided by the State Government is not at all the income of the petitioner and not only it has never been taxed but .....


369

2015 (5) TMI 518 - BOMBAY HIGH COURT - Income Tax

The Commissioner of Income Tax Versus Tata Consultancy Services Ltd.

Imposition of fringe benefit tax - Tata Brand equity contribution - Tribunal deleted tax imposed - Held that:- Budget Speech of the Minister of Finance while presenting the Budget for the year 2005-2006, the explanatory notes and the circulars have b.....


370

2015 (5) TMI 517 - CALCUTTA HIGH COURT - Income Tax

M/s Prakash Engineering Works Versus Commissioner of Income Tax

Disallowance u/s 40A(2)(A) - excessive and unreasonable expenses - sister concerns - imposition of higher rate for conversion charges in respect of pig iron and C.I. Scrap - Held that:- The Assessee has not furnished any information or evidence to s.....


371

2015 (5) TMI 516 - ITAT DELHI - Income Tax

Income-tax Officer, Ward 9 (2) , New Delhi Versus M/s Staunch Marketing Pvt. Ltd.

Validity of re-assessment u/s 147 - non serving notice u/s 143(2) - Held that:- The assessment in question is invalid because of lack of jurisdiction of the Assessing Officer as the revenue has failed to show that the notice u/s 143(2) was served on .....


372

2015 (5) TMI 515 - ITAT DELHI - Income Tax

India International Centre Versus Asstt. Director of Income-tax, (E) , Inv. Cir. (1) , New Delhi.

Revision u/s 263 - AO failed to examine the applicability of 1st and 2nd proviso of Section 2(15) of the Income Tax Act read with 3rd proviso to Section 143(3) and provisions of Section 13(8) although neither 3rd proviso to Section 143(3) nor Section.....


373

2015 (5) TMI 514 - ITAT DELHI - Income Tax

Airports Authority of India Versus ACIT, Circle 1 (1) , New Delhi

Penalty under section 271(1)(c) - wrong claim of the depreciation in respect of fixed assets - Held that:- when the assessee itself reversed its overstated claim of depreciation in the subsequent return, when the mistake of over statement of claim of.....


374

2015 (5) TMI 513 - ITAT MUMBAI - Income Tax

Elpro International Ltd Versus DCIT

Penalty u/s 271(1)(c) - furnished wrong particulars of its income in terms of profits u/s 115JB - Computation of Minimum Alternate Tax (MAT) - Held that:- During the original assessment proceedings, obviously the appellant had furnished wrong particu.....


375

2015 (5) TMI 512 - ITAT HYDERABAD - Income Tax

M/s. Metrochem API Pvt. Ltd. Versus ACIT

Deduction under section 80IB denied - value of plant and machinery of the assessee company having been exceeded to ₹ 5 crores, it was not a SSI (Small Scale Industrial) Unit eligible for claiming deduction under section 80IB - Held that:- The c.....


376

2015 (5) TMI 511 - ITAT AHMEDABAD - Income Tax

Assistant Commissioner of Income Tax Versus Megh Malhar Finstock Pvt Ltd.

Penalty under section 271(1)(c) - CIT(A) deleted penalty levy - whether the Tribunal while complying with the provisions of section 255(4) of the Act can consider the judgment of the Hon'ble High Court in the case of ABG Heavy Industries [2010 (2.....


377

2015 (5) TMI 510 - ITAT AHMEDABAD - Income Tax

Jupiter Corporation Services Limited & Sulochana V Gupta Versus Deputy Commissioner of Income Tax

Penalty under section 271(1)(c) - CIT(A) confirmed penalty levy - whether the Tribunal while complying with the provisions of section 255(4) of the Act can consider the judgment of the Hon'ble High Court in the case of ABG Heavy Industries [2010 .....


378

2015 (5) TMI 509 - ITAT MUMBAI - Income Tax

The ITO Versus Shri Hemant R. Tandel

Computation of capital gain - Compulsory acquisition of land by Government of Maharashtra from JHF - what is the date of acquisition of the impugned property? - Held that:- It is an undisputed fact that the Maharashtra Government acquired the land be.....


379

2015 (5) TMI 508 - ITAT DELHI - Income Tax

ITO Versus Jai Shreee Enterprises

TDS u/s 194H - Disallowance of discounts/ incentives paid to its buyers - CIT(A) deleted the addition - whether discounts/ incentive was in the nature of commission so as to attract TDS and disallowance can be made u/s 40a(ia)as held by CIT(A)?- Held.....


380

2015 (5) TMI 507 - ITAT DELHI - Income Tax

ACIT Versus M/s. Business Park Promoters (P) Ltd.

Disallowance of interest on PDCs paid out of books of account - CIT(A) deleted the addition - Held that:- The issue in question is covered by the order of the Tribunal in the group case of the assessee namely M/s IAG Promoters and Developers Pvt. Ltd.....


381

2015 (5) TMI 506 - ITAT AHMEDABAD - Income Tax

Cadila Healthcare Ltd. Versus ACIT

Fringe benefits Tax (FBT) - there does not exist any employer-employee relationship between itself and its payees so as to attract the fringe benefit provisions as per assessee - Held that:- Fringe benefit provisions do not apply to sales promotions .....


382

2015 (5) TMI 505 - ITAT AHMEDABAD - Income Tax

Premanand Sobhai Patel, Arvind Natverbhai Patel, Ritaben Rakeshbhai Patel, Rakesh Dahyabhai Patel, Dahyabhai S. Bhagat, Atulbhai Dahyabhai Patel, Sejalben Atulbhai Patel, Onilbhai Natvarbhai Patel, Bhartiben Onilbhai Patel Versus DCIT

Penalty levied u/s 271(1)(c) - unexplained assets - Held that:- So far the gold ornaments are concerned, the assessee has given the proper explanation for the source of gold ornaments in respect of each and every assessee. The Assessing Officer subst.....


383

2015 (5) TMI 504 - ITAT LUCKNOW - Income Tax

Dy. CIT. Versus M/s Bisalpur Kisan Sehkari Chini Mills Ltd.

Disallowance under section 43B - late deposit of employees contribution to the Provident Fund for Factory and Federation Staff - CIT(A) deleted the addition - Held that:- The Tribunal in assessee’s own case for assessment year 2007-08 was regarding d.....


384

2015 (5) TMI 503 - ITAT DELHI - Income Tax

ITO Versus ITKTS Interactive Technologies Pvt. Ltd.

Excessive salary paid to Directors - Disallowance under section 40A(2)(b) - CIT(A) deleted addition - Held that:- CIT(A) has made a finding of fact and has rightly held that the tax avoidance was never intended by assessee company and, therefore, we .....


385

2015 (5) TMI 502 - ITAT MUMBAI - Income Tax

M/s. ATC Telecom Tower Corporation Pvt. Ltd. Versus DCIT

Determination of ALP on account of issue of equity shares - TPO adopted the value of each equity share as ₹ 756/- per share whereas according to the assessee it issued 555 lakhs equity shares each at ₹ 100/- per share during the relevant .....


386

2015 (5) TMI 501 - SUPREME COURT OF INDIA - Corporate Laws

Madras Bar Association Versus Union of India

Constitutional validity of provisions relating to the structure and constitution of NCLT and NCLAT in Companies Act, 2013 - Breach of Apex court earlier directions given in the year 2010 related to same matter - In the first instance, NCLAT is concer.....


387

2015 (5) TMI 500 - SUPREME COURT - Central Excise

M/s. Dharampal Satyapal Ltd. Versus Deputy Commissioner of Central Excise, Gauhati & Others

Recovery of excise duty without issuance of show cause notice - useless formality theory - Scope of section 11A - area based exemption was Nullified with retrospective effect - In the case of R.C. Tobacco Private Ltd. & Anr. v. Union of India & Anr. .....


388

2015 (5) TMI 499 - CESTAT NEW DELHI - Service Tax

Dabur Research Foundation Versus Commissioner of Central Excise And Service Tax, Ghaziabad

Waiver of pre-deposit - Intellectual Property Right Services - Held that:- Applicant has transferred their ownership right and knowhow to their clients and by receiving the consideration from their client. The clients have become absolutely owner of .....


389

2015 (5) TMI 498 - CESTAT NEW DELHI - Service Tax

Commissioner of Customs, Delhi-III, Gurgaon Versus M/s Mark Exhaust Systems Ltd

CENVAT Credit - Construction services - nexus with the manufacturing activity - Held that:- inclusive part of the provisions of Rule 2(1) of CCR, 2004 provides for availment of cenvat credit for setting up, of modernization, renovation or repairs in .....


390

2015 (5) TMI 497 - KERALA HIGH COURT - VAT and Sales Tax

Power India Electricals Versus Commercial Tax Officer (Works Contracts) , Cochin

Waiver of pre deposit - Held that:- petitioner was served with proper notice and objection submitted by him was duly considered and it was thereafter, that the proceedings were finalized by the assessing authority vide Ext.P4. In spite of giving an o.....


391

2015 (5) TMI 496 - MADRAS HIGH COURT - VAT and Sales Tax

M/s. Elgi Equipments Ltd. Versus The Deputy Commissioner (CT)

Denial of concessional rate of tax - Assessing Officer, while granting the concessional rate of tax to Air Compressors being capital goods, denied the same in respect of the sale effected by the petitioner through its distributors - Held that:- just .....


392

2015 (5) TMI 495 - MADRAS HIGH COURT - VAT and Sales Tax

VTX Industries Limited Versus The Assistant Commissioner (CT)

Validity of assessment order - petitioner's Form-S Certificates were not considered by the authority, prior to passing the final order in respect of both assessment years while issuing notices - Held that:- Admittedly, in the reply given by the .....


393

2015 (5) TMI 494 - SUPREME COURT - Central Excise

Commmissioner of Central Excise, Trichy Versus M/s. Neycer India Ltd.

Valuation of goods - Inclusion of value of Handle assembly, Ball valve assembly, over flow assembly, Syphon assembly, Outlet flange assembly and Flush pipe assembly - Held that:- assessee supplied the same to those buyers only who asked for that and .....


394

2015 (5) TMI 493 - SUPREME COURT - Central Excise

Commissioner of Central Excise, Jaipur-I Versus M/s. JVS Foods Pvt Ltd

Demand of duty - Distribution of goods free of costs to weaker section of society - Held that:- The appellant authorities, however, issued show cause notice which culminated into demand of excise duty on the ground that certificates that were require.....


395

2015 (5) TMI 492 - SUPREME COURT - Central Excise

M/s HPL Socomac Ltd. Versus Commissioner of Central Excise, Gurgaon

Denial of refund claim u/s 11B - Valuation - revision in price at lower rate - reduction of penalty of upto 5% on account of delay in delivery - The Commissioner (Appeals) by his order dated 18.6.2004 held that as per Section 4 of the Central Excise .....


396

2015 (5) TMI 491 - SUPREME COURT - Central Excise

Commnr. of Central Excise, Pune-II Versus M/s. Pethe Brake Motors Pvt. Ltd.

SSI Exemption - Notification No.1/93-CE dated 28.2.1993 - Use of other person's brand name - Held that:- finding of fact is recorded by the Tribunal in the impugned judgment that the respondent assessee was not using the branded name of another p.....


397

2015 (5) TMI 490 - CESTAT BANGALORE - Central Excise

Sri Chamundeswari Sugars Ltd Versus Commissioner of Central Excise Customs And Service Tax, Mysore

Condonation of delay - Transfer of case from one authority to another - Held that:- appeal was filed in the office of Commissioner in Mangalore initially and thereafter it was transferred by the Commissioner, Mangalore to the office of the Commission.....


398

2015 (5) TMI 489 - CESTAT BANGALORE - Central Excise

M/s. Goodrich Aerospace Services Pvt Ltd Versus Commissioner of Central Excise, Bangalore-I

Denial of refund claim - refund of accumulated credit - Refund rejected on the ground that some of the services on which the refund claimed are common services and should have been distributed between the E.O.U. and STPI following the concept of ‘inp.....


399

2015 (5) TMI 488 - SUPREME COURT - Customs

Commnr. of Customs (General) Mumbai Versus M/s Reliance Industries Ltd.

Concessional rate of duty - Valuation of goods - Inclusion of know how fees - Held that:- The benefit of project import regulations is available to PTA plant and Paraxylene Plant and goods imported under OGL - The question of includibility of know-ho.....


400

2015 (5) TMI 487 - SUPREME COURT - Customs

Commissioner of Customs, Bangalore Versus Modicom Network Pvt. Ltd.

Classification of goods - import of Populated Printed Circuit Boards (PPCBs) - Classification under Chapter Heading 8518.30 or 8517.90 - Supreme Court after perusal of order appeal against [2005 (2) TMI 608 - CESTAT, BANGALORE] - dismissed the appeal.....


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