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  1. 2018 (2) TMI 1542 - ITAT JAIPUR

    Bogus purchases - addition to the extent of 15 of the unverifiable purchases - Held that - AO has not disputed the sale of the assessee which is corresponding to the purchase the books of accounts were rejected because of the reasons that that assessee has made purchase from these three parties who were indulged for providing bogus bills without any actual delivery of goods. Once the books of accounts are rejected by the AO the income of the asse....... + More

  2. 2018 (2) TMI 1538 - GUJARAT HIGH COURT

    Reopening of assessment - deduction u/s 80IB(10) allowability - Held that - There is no allegation by the department that during the year under consideration i.e. the assessment year 2010-2011, the petitioner made any allotment of residential units in breach of conditions. AO as per the reasons recorded wishes to reexamine the petitioner s claim of deduction of ₹ 1.10 crores u/s 80IB(10) for the said assessment year on the premise that that....... + More

  3. 2018 (2) TMI 1537 - GUJARAT HIGH COURT

    Application u/s 119(2) - condoning the delay in filing the return for the assessment year 2009-2010 - claim of refund - Held that - In case of Karta of HUF in his individual capacity under identical circumstances, application for condonation of delay based on identical grounds came to be accepted by the Revenue. In same set of facts and same situation, there cannot be a differential treatment. BR BR Merely because one application was decided by t....... + More

  4. 2018 (2) TMI 1536 - GUJARAT HIGH COURT

    Reopening of assessment - cost of improvement not reflected in the accounts of the assessee - Held that - As is apparent from the petitioner s response to the Assessing Officer dated 15.12.2014, pertained to the sale of the property in question. We may recall, the petitioner had sold agricultural land situated at village Hathijan during the said year. In his written communication dated 15.12.2014, the petitioner pointed out to the Assessing Offic....... + More

  5. 2018 (2) TMI 1535 - DELHI HIGH COURT

    MAT computation - whether lease equalization charges can be deducted while computing book profit - Held that - Capital recovery can be known, as is evident, on deduction of financing charges from the lease rentals. In sum and substance, lease equalization charges is a method of re-calibrating the depreciation claimed by the assessee in a given accounting period. The method employed by the assessee, therefore, over the full term of the lease perio....... + More

  6. 2018 (2) TMI 1534 - GUJARAT HIGH COURT

    Reopening of assessment - Addition u/s 68 - independent application of mind - Held that - Proviso added by the Finance Act 2012 with effect from 1.4.2013 to Section 68 says where the assessee is a company and the sum so credited consists of share application money, share capital, share premium or any such amount by whatever name called, explanation offered by the assessee company shall be deemed to be not satisfactory, unless the person in whose ....... + More

  7. 2018 (2) TMI 1533 - DELHI HIGH COURT

    Penalty u/s 271(1)(c) - period of limitation - Held that - The dependence of the period of the limitation upon whether an order becomes final at the instance of one party, i.e. that filing and prosecution or withdrawal of an appeal (by one party or the other) would be, in the opinion of the Court one such event which leaves the legal position inchoate and unsatisfactory. Instead, an interpretation that permits certainty should be adopted. CIT s o....... + More

  8. 2018 (2) TMI 1532 - DELHI HIGH COURT

    Deemed dividend u/s 2(22)(e) - assessee claimed the amount received as guarantee fee for advance received from Ginza - Held that - All indications were that the assessee was sanguine and assured about the nature of the amount given by Ginza, i.e. that it could use it for its own purposes as it did by advancing substantial amounts at commercial rates of interest which could not be conceivably attributable to short term deposits and also for the pu....... + More

  9. 2018 (2) TMI 1531 - GUJARAT HIGH COURT

    Reopening of assessment - Claim of the deduction u/s 80IA 4 - eligibility of reasons to believe - doctrine of merger - Held that - AO passed assessment order on 12th March 2015 and in such order, he disallowed the entire claim under Section 80IA 4 of the Act. That being the position, he had no occasion to separately comment on the assessee s claim of expenditure. The assessee carried such matter in appeal and CIT A , by an Order dated 26th July 2....... + More

  10. 2018 (2) TMI 1530 - DELHI HIGH COURT

    Addition of receipts as share premium and call in arrears - CIT and the ITAT were of the opinion that though the features of the case were unusual and the call arrears were liquidated after 10 years, equally the assessee was a public limited company and could not be expected to keep track of its individual shareholders and their details - Held that - While initially the addition based upon the Assessing Officer s assessment of the facts were prem....... + More

  11. 2018 (2) TMI 1529 - KARNATAKA HIGH COURT

    Revision u/s 263 - benefit of deduction u/s 80-IA(4)(iv)(c) allowability - Held that - As regards the rental income, it is also required to be observed that it is an independent income having no direct nexus towards reimbursement of manufacturing or selling expenses, in the absence of the fact that the assessee was paying rent of staff quarters which was debited to profit and loss account. Thus it cannot be construed as income derived from the in....... + More

  12. 2018 (2) TMI 1528 - BOMBAY HIGH COURT

    Non acceptance of declaration filed by the Petitioner under Section 88 of the Samadhan Scheme - determination of amount of tax payable under Section 90(1) - Held that - The Affidavit in Reply dated 9th April 1999 by the Respondent No.1 the Designated Authority itself in terms states that it has worked out the amount payable for the purpose of certificate dated 3 February 1999 by first adjusting the part payment made towards interest and only ther....... + More

  13. 2018 (2) TMI 1527 - ITAT COCHIN

    Short term capital gains on sale of the impugned flat - Interest paid for the acquisition of the impugned property - Computation of cost of acquisition - Held that - The applicable clause of section 55 (2) to the assessee s case is clause (b) and the relevant sub clause is sub clause (i) , which provides that where the capital asset become the property of the assessee before first day of April 1981 means the cost of acquisition of the asset to th....... + More

  14. 2018 (2) TMI 1526 - ITAT AMRITSAR

    Transfer of a case u/s 127 - Jurisdiction and powers of CIT(A) to decide the issue - Held that - An order passed u/s 127 is not appealable before the Ld. CIT(A). Since the first appellate authority has no jurisdiction to decide the validity or otherwise of an order passed u/s 127, transferring the jurisdiction from one Assessing Officer to another, it is, but, natural that he cannot declare any order passed u/s 127 as invalid and consequently set....... + More

  15. 2018 (2) TMI 1525 - ITAT DELHI

    Disallowing the claim of advance written off as shown under head sundry debts written off - Held that - The assessee-company has initially stated that the amount in question represented debts have become bad during the year and were written off in the books of account. However, it was clarified before DRP that it was a wrong submission made by the assessee-company because the amount in fact a debit balance was appearing in the accounts of the Ven....... + More

  16. 2018 (2) TMI 1524 - ITAT MUMBAI

    Income accrued in India - shipping profits to be not taxable in India - PE in India - Held that - Freight Connection is an independent agent who acts in its ordinary course of its business and whose activities are not devoted exclusively or almost exclusively on behalf of the assessee. Therefore, it is held that the assessee does not have an Agency PE in India and the CIT(A) was right in so holding for the AY 1998-99 and the successor CIT(A) was ....... + More

  17. 2018 (2) TMI 1523 - ITAT DELHI

    Addition u/s 69 - deposits made by the assessee in an undisclosed bank account of the assessee - Held that - Although, the assessee has disclosed interest income from savings bank account with the HDFC Bank Ltd., he has not disclosed the interest income from ICICI Bank Ltd. Therefore, from the conduct of the assessee, it is apparent that the assessee had no intention of disclosing the impugned bank account. BR BR Also when the assessee was requir....... + More

  18. 2018 (2) TMI 1522 - ITAT MUMBAI

    TDS u/s 194J OR 194C - short deduction in respect of payments made towards Outsourcing expenses - assessee in default - Held that - A sum as been paid by the assessee to Renaissance Insurance Services for this purpose. As per schedule to the agreement dated 01.08.2007 entered into with the aforesaid vendor, digitization of records involved scanning and uploading of proposal forms, premium instruments, annexures, endorsement requests, policy recei....... + More

  19. 2018 (2) TMI 1521 - ITAT KOLKATA

    Addition on account of purchase of tyres as well as depreciation on fixed assets - Held that - AO depends on the wrong assumption of facts it does not represent the correct amount in view of the fact as discussed above. The addition made by the AO is not sustainable. The ld. DR has also not brought anything on record contrary to the findings of ld. CIT-A. In the light of above reasoning, we hold that the order of the Ld. CIT(A) is correct and in ....... + More

  20. 2018 (2) TMI 1520 - ITAT JAIPUR

    Bogus purchases - Held that - Large number of opportunities were provided by the A.O. to the assessee. It is noted from the financial statements of the assessee that for the F.Y. 2012-13 and 2013-14, the assessee was having total turnover of ₹ 92,01,799/- and ₹ 57,26,420/- respectively. Various notices were issued by the Assessing Officer to file the details but no compliance was made by the assessee. In view of the above facts and ci....... + More

  21. 2018 (2) TMI 1519 - ITAT HYDERABAD

    Claim of deduction u/s. 80IA - denial of claim as AO was of the view that assessee is only executing works contract as a contractor and not as a developer of infrastructural facilities - Held that - At the out set, it is to be agreed that the issue is covered in favour of assessee by the orders of the ITAT in earlier years in assessee s own case which the Ld.CIT(A) has followed. Consequently, we do not see any reason to interfere with the order o....... + More

  22. 2018 (2) TMI 1518 - ITAT AHMEDABAD

    Addition u/s 68 r.w.s. 56 - gift in question received from HUF - eligibility of HUF as a donor - Held that - The assessee is fair enough in not disputing the fact that the former category in clause (i) of (e) defining a relative qua an individual recipient does not include an HUF as a donor. The legislature has incorporated clause (ii) therein to deal with an instance of an HUF donee only receiving gifts from its members. We refer to Board s circ....... + More

  23. 2018 (2) TMI 1517 - ITAT KOLKATA

    Rectification of mistake - FTS has to be taxed at a concessional rate of 15 of the gross receipts as per the provision of Article 13(2) of the DTAA as against higher rate of tax provided at 20 of gross receipts u/s 115A of the Act - Held that - In the present case there is an agreement between India and U.K. for avoidance of double taxation and therefore the assessee is entitled to plead that taxability has to be as per the provision of the Act o....... + More

  24. 2018 (2) TMI 1516 - ITAT MUMBAI

    Reopening of assessment - Non issuance of notice under section 143(2) - Held that - Non issuance of notice under section 143(2) of the Act by the Assessing Officer invalidates the order passed under section 143(3) r/w 147 of the Act. As far as the submissions of the learned Departmental Representative that assessee should have raised the objection against non issuance of notice under section 143(2) within a period of one month as per section 124(....... + More

  25. 2018 (2) TMI 1515 - ITAT DELHI

    Revision u/s 263 - deduction u/s 80IA (4) (i) not allowable to the assessee as the assessee was only an operating company and not an enterprise engaged in the business of infrastructure development - Held that - It is clear that an order cannot be termed as erroneous unless it is not in accordance with law - a certain assessment, the same cannot be branded as erroneous by the Ld. Principal Commissioner simply because, according to him, the order ....... + More

  1. 2018 (2) TMI 1540 - MADRAS HIGH COURT

    Claim of 12 GST over the value of works contract - scope of terms of the agreement - Court noted that the appropriate authority, who has to answer the claim of the petitioner/Association was the Commissioner of Commercial Taxes, but, he was not impleaded as a respondent - Held that - the Court directed the Commissioner of Commercial Taxes to consider the representation given by the petitioner/Association and pass orders on merits and in accordanc....... + More

  2. 2018 (2) TMI 1539 - GUJARAT HIGH COURT

    GST Council meetings - Postponement of meeting - It is the case of the petitioner that only as a political strategy, such meeting was conducted in violation of the Code of Conduct. It is alleged that the recommendations made in the 9th and 10th November, 2017 Council meeting are only to appease the voters in the ensuing elections. BR BR Held that - By virtue of constitutional amendment, Article 279A is inserted, which empowers the Hon ble Preside....... + More

  3. 2018 (2) TMI 1296 - KERALA HIGH COURT

    Release of detained goods - the issue covered by the decision in the case of M/s Indus Towers Limited Versus The Assistant State Tax Officer 2018 (1) TMI 1313 - KERALA HIGH COURT , where it was held that The detention of goods merely for infraction of the procedural Rules in transactions which do not amount to taxable supply, is without jurisdiction. BR BR The first respondent is directed to release the goods covered by Ext.P5 notice to the petit....... + More

  4. 2018 (2) TMI 983 - KERALA HIGH COURT

    Release of detained goods - Section 129 of the Central Goods and Services Tax Act as also the Kerala State Goods and Services Tax Act - Held that - an identical matter has been disposed of by a Division Bench of this Court in The Commercial Tax Officer And The Intelligence Inspector Versus Madhu. M.B. 2017 (9) TMI 1044 - KERALA HIGH COURT , directing expeditious completion of the adjudication of the matter and permitting release of the goods deta....... + More

  5. 2018 (2) TMI 770 - GUJARAT HIGH COURT

    Levy GST on ocean freight whereas the value of import goods includes Ocean Freight. - Vires of N/N. 8/2017-Integrated Tax Rate dated 28th June 2017 and Entry 10 of the N/N. 10/2017-Integrated Tax Rate also dated 28th June 2017 - petitioner s grievance is that under the impugned Notifications, the petitioner is asked to pay tax at the prescribed rate all over again on the ocean freight - Counsel for the petitioner submitted that the impugned Notif....... + More

  6. 2018 (2) TMI 766 - BOMBAY HIGH COURT

    Lack of access to online profile on the Goods and Service Tax Network - petitioner unable to generate e-way bills - Held that - The special sessions of Parliament or special or extraordinary meetings of Council would mean nothing to the assessees unless they obtain easy access to the website and portals. The regime is not tax friendly. We hope and trust that those in charge of implementation and administration of this law will at least now wake u....... + More

  7. 2018 (2) TMI 663 - ALLAHABAD HIGH COURT

    Seizure of goods - Section 129(1) of the U.P. Goods and Services Tax Act, 2017 - submission is that as admittedly the seized goods were in transit from outside the State the transaction would be covered by the Integrated Goods and Services Tax Act, 2017 (I.G.S.T.) read with Central G.S.T. - Held that - The provisions of U.P.G.S.T. are applicable to transactions within the State of U.P. whereas I.G.S.T. covers the interstate transactions. BR BR Ev....... + More

  8. 2018 (2) TMI 608 - ALLAHABAD HIGH COURT

    Seizure order - Section 129(1) of the Uttar Pradesh Goods and Services Tax Act, 2017 - inter-state transaction - Held that - The U.P.G.S.T. Act makes provision for levy and collection of tax on intrastate supply of goods or services or both i.e. relating to transactions within the State, whereas IGST Act covers interstate transactions. In this view of the matter, the transaction in question is treated to be covered by the IGST Act and the provisi....... + More

  9. 2018 (2) TMI 195 - ALLAHABAD HIGH COURT

    Seizure of goods - Tasla - Section 129(1) of the Uttar Pradesh Goods and Services Tax Act, 2017 - Held that - the impugned order of seizure cannot be held to be bad in law only for the reason that the wrong provision of Act has been mentioned while passing the same as the power of seizure is clearly traceable under the relevant Act as well - the impugned order is to be treated to have been passed under IGST Act read with Section 129 of the Centra....... + More

  10. 2018 (2) TMI 194 - MADRAS HIGH COURT

    Liability of interest - The demand raised by the respondent was accepted by the petitioner and the same was also duly paid. However, the petitioner is still liable to pay interest thereon. Thesaid amount comes to ₹ 3,48,735/- - The petitioner is permitted to remit the said amount to therespondent in five equal monthly instalments. The first instalment shall commence from 01.02.2018 - petition disposed off........ + More

  11. 2018 (2) TMI 39 - ALLAHABAD HIGH COURT

    Rectification of mistake - migration to GST - defect in issuance of ID/password inasmuch as instead of containing the PAN number of the partnership firm, it depicts the PAN number of one of its partner - Held that - a week s time sought for getting instructions and to ensure that the mistake, if any, is rectified and a fresh ID/password with the correct PAN number is issued to the petitioner so that there may not be difficulty in the migration of....... + More

  12. 2018 (1) TMI 1313 - KERALA HIGH COURT

    Confiscation of goods - detention under Section 129 of the CGST and SGST Acts - case of petitioner is that the documents that accompanied the goods was absence of Form KER-1 declaration and that since Form KER-1 declaration was uploaded and made available to the first respondent immediately on receipt of notice, there is no justification for the continued detention of the goods - Held that - A combined reading of Sections 129 and 130, especially ....... + More

  13. 2018 (1) TMI 1245 - ALLAHABAD HIGH COURT

    Extension of time period for filing of GST Tran-1 - petitioner has alleged in the petition that despite making several efforts on the last date for filing of the application, the electronic system of the respondent no.2 did not respond, as a result of which the petitioner is likely to suffer loss of the credit that it is entitled to by passage of time - Held that - the respondents are directed to reopen the portal within two weeks from today. In ....... + More

  14. 2018 (1) TMI 1149 - KERALA HIGH COURT

    Detention of goods - inter-state sale - goods not accompanied by valid documents as prescribed under the State Goods and Service Tax Rules (for first three consignments) - absence of invoice evidencing the sale (for fourth consignment) - Held that - it is not in dispute that there is no document prescribed under the Central Goods and Services Tax (CGST) Act and Rules for the purposes of covering an interstate movement in respect of consignments w....... + More

  15. 2018 (1) TMI 1116 - KERALA HIGH COURT

    Detention of goods - surgical gloves - detention on the ground that the goods were not accompanied by the document provided for under Rule 138(2) State SGST Rules - Held that - the power of detention contemplated under Section 129 of the SGST Act can be exercised only in respect of goods which are liable to be confiscated under Section 130 of the SGST Act; that there is no taxable supply when goods are transported on delivery chalans so long as t....... + More

  1. 2018 (2) TMI 1541 - CESTAT MUMBAI

    Classification of imported goods - Rommelag Bottle Packing Machine - classification under CTH 84224000 was changed to under CTH 84773000 by Revenue - Held that - For such variation there is no reason stated by Revenue why the first classification sought as CTH 84773000 was converted into CTH 84775900. Neither in page No.327 nor in page 348 of the appeal folder exhibiting adjudication finding reason for change of classification under CTH 84224000 ....... + More

  2. 2018 (2) TMI 1510 - BOMBAY HIGH COURT

    Payment of interest alongwith interest - applicability of EXIM Policy 1992-97 - Held that - we cannot direct consideration of this application made in the year 1993 by issuing a writ in the year 2018. An entirely new regime has come into force since the policy (EXIM Policy) and the circulars which are relied upon. Going by the affidavit of the respondents, it is evident that this was not a open ended scheme. It was in effect and force for a parti....... + More

  3. 2018 (2) TMI 1509 - BOMBAY HIGH COURT

    Restoration of Registration of Courier License - All that the Revenue would argue is that the Tribunal should not have interfered with the concurrent orders for they are passed on the materials produced on record - Jurisdiction of CESTAT - Regulation 14 of the said Regulations - Held that - There are compliances to be made and particularly of execution of bond and furnishing of security. By Regulation 12, it is stated that a courier, who is regis....... + More

  4. 2018 (2) TMI 1508 - BOMBAY HIGH COURT

    Freezing of bank accounts - Communications addressed by the Directorate of Revenue Intelligence to the Bankers, namely Kotak Mahindra Bank and Bank of Baroda - Held that - In this case, when the petitioners state that to the knowledge of the DRI and the Customs Department, they have been importing consignments, having them cleared by payment of duty or otherwise exporting the goods with compliance of the Customs Act, 1962, suddenly there was no n....... + More

  5. 2018 (2) TMI 1506 - CESTAT MUMBAI

    Import of restricted item - two consignments of 3- OD Tubing (seamless pipes) classifiable under CTH 7304 - confiscation - redemption fine - penalty - As per Foreign Trade Policy 2004-2009, import of such goods was allowed free . However, DGFT vide Notification No.64/2008 dated 24.11.2008 amended the policy which reads as Import Policy for the item Seamless Tubes/Pipes under 4 digit Exim Code 7403 will be amended to read as Restricted (instead of....... + More

  6. 2018 (2) TMI 1505 - CESTAT MUMBAI

    Benefit of N/N. 7-21/2002-Cus dated 1.3.2002 as per Serial I52A - import of consignment of paper which was claimed by them as waste paper classifiable under Chapter Heading 47.07 - the applicant represented before the Commissioner that the goods were having inherent defects because of uneven coating and damaged sheets and therefore could not be used as such and were accordingly cleared by the supplier as a waste paper not capable of being put to ....... + More

  7. 2018 (2) TMI 1504 - CESTAT MUMBAI

    Import of restricted item - old and used ballast wagon for demag - It appeared to Revenue that the same is not capital goods but only accessory and as such, being a second hand used part, was not importable without specific licence as per para 2.17 of the Foreign Trade Policy for the period 2004-09. BR BR Held that - the appellant have imported a second hand spare parts for equipment which enhanced capacity of the existing crane and the same has ....... + More

  8. 2018 (2) TMI 1499 - MADRAS HIGH COURT

    Release of imported seized goods - Desiccated coconut fine grade - goods have been expired long back - imported products were expired, and unfit for human consumption - refusal to draw samples on the ground that the consignment does not satisfy the labelling requirement BR BR Held that - the labels contained the details of the supplier, receiver, product, batch number, weight, date of production and expiry date. The main aspect to be noted herein....... + More

  9. 2018 (2) TMI 1454 - CESTAT NEW DELHI

    Classification of imported goods - 0.1 Natural Brassinolide fertilizer - appellant claimed classification of the said goods under Heading 31010099 as other animal or vegetable fertilizer whether or not mixed together or chemically treated; fertilizer produced by the mixing or chemical treatment or animal or vegetable products - Revenue objected to the said classification and sought classification of the product under Heading 38089340 as plant gro....... + More

  10. 2018 (2) TMI 1427 - SUPREME COURT

    Stay of the reimbursement of the amount that would be due pursuant to the impugned order - the decision in the case of M/s. Wipro GE Healthcare Private Limited Versus Union of India, Development Commissioner Cochin Special Economic Zone (CSEZ) , The Director, Software Technology Parks of India, Department of Electronics and Information Technology, Director General of Foreign Trade, Deputy Director General of Foreign Trade 2017 (8) TMI 432 - KARNA....... + More

  11. 2018 (2) TMI 1426 - CESTAT CHENNAI

    Scope of SCN - it is alleged that there is no whisper in the SCN either for invoking Section 14 of the Customs Act, 1962 or the Customs Valuation Rules, 2007. There was no proposal for rejection of the value declared - Held that - It is correct that the SCN does not propose for redetermination of the value of the goods or reject the value declared by the exporter/appellant. So also there is no proposal for invoking section 14 of Customs Act or th....... + More

  12. 2018 (2) TMI 1425 - CESTAT NEW DELHI

    Penalty u/s 114 AA of the Customs Act, 1962 - The Revenue contended that the whole modus operandi adopted by the importer was to avail the benefit of Section 74 even after a lapse of two years from the date of import - Held that - it is clear that the appellant is in a responsible position and coordinated the imports and other operations as deposed by the customs house agent. In fact, the appellant appeared before the authorities and gave various....... + More

  13. 2018 (2) TMI 1424 - CESTAT CHENNAI

    Violation of import condition - The department entertained the view that respondent having not fulfilled the export obligation and having diverted the duty free imports into the domestic market are not eligible for exemption under Customs N/N. 204/92 and 80/95 and was liable to pay duty - Held that - the Tribunal had given specific direction to the adjudicating authority to take cognisance of the EODC issued by JDGFT and to consider the matter on....... + More

  14. 2018 (2) TMI 1423 - CESTAT NEW DELHI

    Rectification of mistake - case of appellant is that the ground was taken up in appeal but the Tribunal has not given any findings on the subject - Held that - At the time of passing the Final Order, the Tribunal had occasion to hear all connected parties and considered the entire record of the case. After such careful consideration the Tribunal has upheld the penalties imposed on M/s MAX Shipping & Forwarding Pvt. Ltd. as well as the Operati....... + More

  15. 2018 (2) TMI 1422 - CESTAT NEW DELHI

    N/N. 53/2016-Customs (ADD) dated 25/11/2016 - ADD on low ash metallurgical coke originating in or exported from PR China and Australia - Held that - It appears that the said notification has already been assailed by the other parties in the case, M/s Kalyani Steels Limited and M/s Association of India Mini Blast Furnaces, 2017 (4) TMI 545 - CESTAT NEW DELHI on identical grounds, before the Tribunal, where it was held that The import from subject ....... + More

  1. 2018 (2) TMI 1503 - MADRAS HIGH COURT

    Insolvency process - delay in getting back the money - sale of the machinery attached by the order of this Court - Held that - As learned Senior Counsel appearing for the respondent/defendant in the suit that the respondent/defendant has obeyed all the orders of this Court and therefore he cannot be penalized for obeying the orders of this Court. The sum and substance of the contentions of Mr.APS.Ahluwalia, learned Senior Counsel is that having o....... + More

  2. 2018 (2) TMI 1502 - DELHI HIGH COURT

    Winding up petition - whether any bona fide dispute or debate was raised by the appellant - Held that - We believe that the appellant has been marking time and delaying payment. As per acknowledgment in the statement of accounts dated 8th January, 2014, ₹ 12,00,155/- was due and payable. No payment has been made since then. Interest on the said amount would be due and payable. The reply to the company petition was filed belatedly after 222 ....... + More


    Comply with the arbitration award - Violation of the provisions of the Companies Act, 2013 - whether the Company can convert a loan into equity shares if at the time of raising the money, the company had not passed special resolution? - removal of the Petitioners as Directors - Held that - The arguments of the learned counsel for the Appellants is that this Section could not have been applied and if at all Section 81 of the Old Act would be relev....... + More


    Manner of holding of 44th Annual General Meeting of the shareholders of the company - non compiling with the provisions of the Companies (Management and Administration) Rules, 2014 - oppression or mis-management - Held that - Filing of the instant petition is simply an abuse of the process of the Court and to harass the company and its management. Except the name of respondent No.5 Mr.Sudhir Avasthi, there is not even remote reference to the role....... + More

  5. 2018 (2) TMI 1420 - SUPREME COURT OF INDIA

    Valuation of properties - company in liquidation - symbolic possession of the properties - Held that - (i) The Official Liquidator, with the guidance of the Court Receiver and after obtaining appropriate directions from the learned Company Judge in consultation with Justice A.S. Oka, can go ahead to sell the movable properties and, thereafter, proceed to sell the immovable properties which find mention in paragraph (a) of the prayer clause. BR BR....... + More

  6. 2018 (2) TMI 1419 - GUJARAT HIGH COURT

    Winding up of the Company - Held that - In the case on hand, the respondent has raised a bonafide disputes as regards to the debt and in facts of the case, the proceedings under Sections 433 and 434 of the Companies Act, 1956 is not an alternative method of recovering debt which is disputed only because the plant of the respondent-Company is closed and therefore, it cannot be said that the respondent-Company has neglected to pay on a statutory de....... + More

  7. 2018 (2) TMI 1332 - DELHI HIGH COURT

    Winding up petition - proof of outstanding dues - neglection to pay the balance due - Held that - A bare reading of the aforesaid Warranty Clause clearly demonstrates that the same was applicable only for any manufacturing defect, bad workmanship or quality for a period of 15 months from the date of supply or 12 months from the date of commission, whichever was earlier. The Warranty Clause does not in any manner cover the short supply. The Warran....... + More

  8. 2018 (2) TMI 1331 - GUJARAT HIGH COURT

    Scheme of dissolution - Held that - There appears to be proper compliance of the provisions of Section 497 of the Act, finds that the prayers sought for in the present report could be granted. BR BR In view of above, the company is ordered to be dissolved in terms of Section 497 of the Act. The Ex-directors of the company are directed to pay ₹ 10,000/- being expenses relating to filing of the present report to the office of the Official Liq....... + More


    Violation of provisions contained in the SEBI Regulations, 2003 - Penalty imposed - failure to comply with the disclosure obligations - Held that - AO has set out the obligation of the appellant to make disclosures under the aforesaid regulations when the shareholding of the appellant in EIIL stood reduced from 53.01 to 9.91 and thereafter increased from 9.91 to 43.01 on 31.03.2005. Assuming that on 31.03.2005 appellant came to know about the tra....... + More


    Company failure to repay the deposit or part thereof or any interest thereon within time specified - Held that - When the matter was listed on 22.08.2017, the Tribunal had directed the petitioner to make due payment of the deposits upto principal amount of ₹ 1,00,000/- to the depositors. However, there was a specific undertaking given by the petitioner company on 22.08.2017 that the deposits upto ₹ 1,00,000/- shall be cleared within o....... + More


    Seeking cancellation of Extra Ordinary General Meeting (EGM) - Held that - On perusal of the records it is found that one application under Section 8 of the Arbitration and Reconciliation Act, 1996 is pending and fixed for hearing on 09th October, 2017 which is with regard to the maintainability of the main Company Petition. Further, since the applicant has already received notice of the EGM, he/they is/are at liberty to attend the meeting and ra....... + More

  12. 2018 (2) TMI 1267 - GUJARAT HIGH COURT

    Winding up petition - Held that - The Court, having heard learned advocate Ms. Chandarana for the appellant and having considered the contents of the report with the documents annexed therewith especially liquidator s Statement of Account for the windup, finds that the prayers made for dissolution of the company could be granted in exercise of powers under Section 497 of Act. BR BR In view of the above M/s. Kelur Investments Private Limited (the ....... + More

  13. 2018 (2) TMI 1193 - GUJARAT HIGH COURT

    Dissolution of company - Held that - As stated in the present report, there are no assets and properties of the company nor any fund is available in the account of the company and, therefore, that the Registrar of the Companies as well as other Government Departments have no objection if the company is allowed to be dissolved. BR BR Court having heard learned advocate for the Official Liquidator and having considered the contents of the present r....... + More

  14. 2018 (2) TMI 1192 - GUJARAT HIGH COURT

    Dissolution of company in voluntary winding up seeked - Held that - As there are no assets and properties nor any fund is available in the account of the company and that the Registrar of the Companies as well as other Government Departments have no objection if the company is allowed to be dissolved. BR BR The Court, having heard learned advocate for the Official Liquidator and having considered the contents of the present report with the docume....... + More

  15. 2018 (2) TMI 1191 - BOMBAY HIGH COURT

    Decree against the Defendants to jointly and severally pay to the Plaintiffs the outstanding principal amount along with interest accrued thereon - whether the present suit filed on 27th October, 2015 is barred by the Law of Limiation? - Held that - Mentioned paragraph in the e-mail dated 12th April, 2013 (Exhibit-BB-8 at page 374 of the Plaint) constitutes an acknowledgment on the part of Om Sai Motors that they are liable to pay ₹ 5 Crore....... + More

  1. 2018 (2) TMI 762 - BOMBAY HIGH COURT

    Right to cross-examine - Cross examine the witnesses whose statements were recorded under Section 37 of FEMA and whose statements have been relied upon in the complaint - complaint alleges that the provisions of section 3(b) of the FEMA have been contravened by the petitioner by making a payment to Cricket South Africa (CSA) a person residing outside India, without permission of the Reserve Bank of India (RBI) and that is inter alia apparent from....... + More

  2. 2018 (2) TMI 579 - ATFEMA

    Abetting one Sh. P.G. Rawal in transferring foreign exchange in contravention of Section 8(3) read with 8(4) and Section 48 read with Section 64(2) - Held that - While the order in original has passed a very detailed order, however the adjudicating authority has not given any evidence or facts to state as to how the appellant has abetted with Sh. P.G. Rawal, in the said contravention. It appears that he has based his judgment on an inference from....... + More

  3. 2018 (2) TMI 333 - DELHI HIGH COURT

    Offence under FEMA - reject the petitioner s application for cross-examination - Held that - A plain reading of the application filed by the petitioner seeking cross-examination of certain individuals named above also indicates that the petitioner had reiterated its contention that the material or evidence on record does not substantiate the allegation made against him. At the outset, the petitioner had denied all the allegations made against him....... + More

  4. 2018 (1) TMI 1222 - ATFEMA

    Contravention of section 3 FEMA - statement made under oath reliance - Held that - In harwala transactions, the main aspect is secrecy and stealth. Most of the facts relating to such transactions remain in the knowledge of the persons involved in such transactions. It is difficult for Authorities to unravel every link of such transitions. The burden is on the person to explain; otherwise adverse inference can be drawn based on surrounding facts a....... + More

  5. 2018 (1) TMI 568 - GUJARAT HIGH COURT

    Brother of the present respondent was detained under the provisions COFEPOSA Act - Held that - No substance in any such ground for the simple reason that the law is well settled as interpreted and decided by the Honourable Supreme Court. The petitioner has also tried to compare several other judgments and Special Act like TADA and NDPS Act to plead and to induce by this Court to believe that it would be difficult to get direct evidence to control....... + More

  6. 2018 (1) TMI 221 - DELHI HIGH COURT

    Application for dispensation and directing appellant to deposit 10 of the penalty amount and to furnish a credible security for the balance 50 - Held that - On the one hand the appellant contends its financial credibility and on the other hand undue economic hardship. The Tribunal has waived off substantial pre-deposit and has directed only 10 of the penalty amount to be deposited with a surety for the balance 50 which cannot be said to be undue ....... + More

  7. 2017 (12) TMI 396 - BOMBAY HIGH COURT

    Revisional jurisdiction under the FERA - Notice of contravention of Section 51 of FERA was taken by the Adjudicating officer within two years from the date of the repeal of FERA - Held that - In the facts of the present case, the appellant is not without a remedy in the sense that a recourse can be taken to the remedies under the Constitution of India. The principle which governs Mimansa interpretation is that if a word or sentence purporting to ....... + More

  8. 2017 (11) TMI 839 - ATFEMA

    Revision petition u/s 19(6) of FEMA against the order of penalty - contentions of the respondent is that revision petition filed by the revisionist is not maintainable as there is no specific provision in the Act - Held that - As gone through provisions of section 16 which provides for appointment of Central Government Officers as at Adjudicating Authority for holding an inquiry for the purpose of imposing any penalty against the respondent. As i....... + More

  9. 2017 (11) TMI 618 - ATFEMA

    Non-realisation of export sale proceeds - Proceedings as contemplated under Section 18(2) & 18(3) read with Section 68(1) & 68(2) of FERA - Held that - It is evident that the Appellant joined as Director solely in the capacity of advisory role and was specifically excluded from the day to day operations of the company as evidenced from the correspondence. There cannot be any adverse inference against the Appellant‟s role as to its i....... + More

  10. 2017 (10) TMI 1129 - KARNATAKA HIGH COURT

    Investigation and enquiry into violation of FEMA and the Rules and Regulations - Held that - Any investigation undertaken with an intention to unearth violations of provisions of FEMA cannot be characterized as motivated or malicious merely because before initiation of such proceeding, an award had been passed against the Central Government regarding alleged breach of contract entered into between the Government and the Company. Alleged breach of....... + More

  11. 2017 (10) TMI 909 - DELHI HIGH COURT

    Registration under Section 12 of the Foreign Contribution (Regulation) Act, 2010 ( FCRA ) rejected - Grant of certificate of registration under FCRA - the respondent is not satisfied that the foreign contribution is not likely to be used for personal gains - petitioner is a society registered under the Societies Registration Act, 1860 and has been registered under Section 12A of the Income Tax Act - Held that - The question whether a society esta....... + More

  12. 2017 (10) TMI 908 - ATFEMA

    Review application - Held that - It is pertinent to mention that the order dated 16.07.2016 has not been challenged by the appellant/applicants in the higher court. It has become final. The amount fixed in the said order has not been deposited and it is apparent that the appellants have no intention to deposit the same. BR BR We are of the view that the review application filed by the appellant/review applicant is not maintainable as the applican....... + More

  13. 2017 (10) TMI 461 - DELHI HIGH COURT

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

  14. 2017 (10) TMI 460 - ATFEMA

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

  15. 2017 (10) TMI 459 - ATFEMA

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


    Corporate insolvency process - eligible debt - Winding up proceeding under the Companies Act or liquidation proceeding under the I & B Code initiated - Held that - In the present case we find that the Adjudicating Authority has noticed extraneous factors unrelated to Corporate Insolvency Resolution Process which are not required to be disclosed in terms of Section 10 of I&B Code or Form 6. BR BR It is not the case of the Financial Creditor (R....... + More


    Corporate Insolvency Resolution Process - whether a principal debtor cannot be regarded in default - Held that - It cannot be concluded that the Corporate Debtor-guarantor could be regarded as defaulter once no default is deemed to be committed by the principal borrower, namely CJSC CHL International. In view of Clause 4 of the Guarantee Agreement, it is only in the event of default on the part of the principal borrower that the guarantor has ass....... + More


    Corporate insolvency process - eligible debt - review petition - Held that - the instant application, which is in the nature of review, does not warrant acceptance. The non applicant- petitioner had filed a petition under Section 7 of the Code alleging that deposits made by it have remained unpaid and the total amount claimed was more than Rs, 44.50 crores. Such a transaction does not involve an activity which is imputable to an NBFC. The fact th....... + More


    Corporate Insolvency Resolution Process - Duties of resolution professional - non-compliance of the requirements of the Code - Held that - Non-issuance of the notice of the Meeting of the COC held on 4.1.2018 to the Resolution Applicant in this case is not fatal which requires interference of this Adjudicating Authority with the decision of the COC. BR BR Here, the COC rejected the Resolution Plan not on the ground that it is not a viable Resolut....... + More


    Corporate insolvency process - satisfaction of default - Held that - The case is remitted back to the Adjudicating Authority (National Company Law Tribunal), New Delhi to admit the application under Section 10 after notice to the parties if there is no defect. In case of any defect, appellant be allowed time to remove the defects. The appeal is allowed with the aforesaid observations. See M/s. Unigreen Global Private Limited vs. Punjab National B....... + More


    Corporate insolvency procedure - Insolvency Professionals appointment - Held that - Insolvency Professionals for appointment as Insolvency Resolution Professional in compliance with Section 16(3)(a) of the Code in order to cut delay. The list of recommended Insolvency Professionals provides instant solution to the Adjudicating Authority to pick up the name and make appointment. It helps in meeting the time line given in the Code and the unnecessa....... + More


    Corporate Insolvency Resolution Process - Whether the Award amount is an operational debt?- Whether Petitioner, i.e., TVS Interconnect Systems Private Limited is an Operational Creditor - Whether there exists any dispute relating to the operational debt? - enforce the Arbitration Agreement - suppression of material facts - Held that - In view of the Assignment Agreement, it can be said that the Petitioner is an Assignee of the operational debt du....... + More


    Corporate insolvency process - existence of dispute - Held that - We find that there is an existence of dispute pending even before the issuance of demand notice under sub-section (1) of Section 8 of the I & B Code. BR BR In view of existence of dispute , we are not inclined to interfere with the impugned order. In absence of any merit also, the appeal is dismissed........ + More


    Initiating Corporate Insolvency Resolution Process - Held that - In the case in hand, it is an undisputed fact that Corporate Debtor is a going concern and has about 1178 employees and workmen on its Roll. RP has also admitted that corporate debtor is a going concern. Section 33(7) also provides that order of liquidation shall be deemed to be a notice of discharge to the officers, employees and workers of the Corporate Debtor, except when the bus....... + More


    Corporate insolvency procedure - Resolution Applicant for transmitting to the Committee of Creditors for taking immediate steps - Held that - In the case in hand, the guarantee has not been invoked, and the personal guarantor has not committed any default. No demand has been made under guarantee. Therefore, no default in the payment of dues by the guarantor has occurred. During the moratorium period, the guarantee cannot be invoked. Thus, present....... + More


    Corporate Insolvency Resolution Process - Time limit for completion of insolvency resolution process - extension of the CIRP more than 90 days after the completion of 180 days - Held that - It is settled principle that the proviso cannot be torn apart from the main enactment nor can it be used to nullify by implication what enactment clearly says, nor set at naught the real object of main enactment, unless the words of proviso are such that it is....... + More


    Corporate Insolvency Resolution Process - Held that - We have seen the primary document, Annexure-R/1 which is entered between M/s. Blue Star Alloys Pvt. Ltd. and the respondent company. The respondent company has also relied on Annexure-R/5, the power of attorney given by M/s. Blue Star Alloys Pvt. Ltd., in favour of Shri Mohammed Saleem Shaikh wherein he was only an authorised representative to lift the scrap material from the respondent compan....... + More


    Insolvency resolution process - existence of default in payment of debt - delivery of demand notice to the corporate-debtor - Held that - There is no averment in the objections that the address of the corporate-debtor as furnished by the operational creditor was inicorrect. Rather, there is no challenge with regard to the delivery of the entire paper book, which was sent at the time of filing the instant petition and also receipt of notice of the....... + More


    Corporate Insolvency Resolution Process - proof of inability to pay debt - Held that - This Bench is satisfied that the Corporate Debtor is in default of liquidating its debt. The financial creditor is therefore entitled to the prayer made. They have proposed the name of Mr. Pinaki Sircar, 31/7, N C Chawdhary Road, Kolkata-700042; Email Pinaki Sircar, Contact No. 9830011159; IP Registration No. IBBI/IPA-002/IP-N00063/2016-2017/10141 a....... + More


    Corporate Insolvency Resolution Process - existence of default - Held that - The total amount of debt granted and disbursed has been elaborately explained and for further details reference has been made to Annexure A-2 which shows that CC facility was given by disbursing ₹ 7 crores on 04.04.2017. Another facility described as LC4 A/cs account ₹ 50 crores was given and the amount was disbursed on 02.03.2015. Likewise, the amount of def....... + More

  1. 2018 (2) TMI 1498 - BOMBAY HIGH COURT

    Non-payment of service tax - Renting of immovable property service - allegation under the SCN is that MIDC has not paid service tax on services charges collected from the holders of the plots situated at various Industrial areas/estates of the MIDC - circular dated 18th December, 2006 bearing No.89/7/2006. BR BR Held that - the activities performed by sovereign or public authorities under the provisions of law which are in the nature of statutory....... + More

  2. 2018 (2) TMI 1497 - CESTAT HYDERABAD

    Liability of interest and penalty - payment of tax prior to issuance of SCN - respondent had not reflected the correct value of the services rendered according to the exchange rate prescribed by RBI reference rate - Held that - the Adjudicating Authority has erred in not demanding the interest on the amount of service tax liability confirmed of ₹ 12,53,138/- - the interest liability arises even if the service tax liability is discharged by ....... + More

  3. 2018 (2) TMI 1449 - BOMBAY HIGH COURT

    Refund of unutilized CENVAT credit - input services - N/N. 17/2009- ST dated 07.07.2009 (as superseded by N/N. 52/2011-ST dated 30.12.2011) - Whether the CESTAT was right in not considering all the grounds of appeal raised before the appeal filed before it and passing order without considering them? BR BR Held that - We do not think how a factual conspectus, based on which the remand was directed, can be taken as a precedent for the purpose of th....... + More

  4. 2018 (2) TMI 1448 - CESTAT NEW DELHI

    Applicability of decision in the case Suresh Kumar Bansal and Others 2016 (6) TMI 192 - DELHI HIGH COURT - claim of Revenue is that impugned order is not legal and proper, inasmuch as the said judgment was not in rem , rather it was in-personnem - Construction services - Held that - the ld. Commissioner (Appeals) has taken the correct stand in deciding the appeals of the appellants - From the operative part of the impugned order, it transpires th....... + More

  5. 2018 (2) TMI 1447 - CESTAT NEW DELHI

    Refund of service tax - rejection on the ground of time limitation - Section 11 B of the Central Excise Act, 1944 - Held that - The statutory provisions contained in Section 11 B ibid provides the time limit of one year for filing the refund application - In this case, as per the explanation (B) (f) appended to Section 11 B, the relevant date should be reckoned from the date of payment of the Service Tax. Since, the refund application was filed b....... + More

  6. 2018 (2) TMI 1446 - CESTAT HYDERABAD

    Refund of service tax paid - input services - gardening services - Held that - in the permission granted by the Pollution control Board to appellant, there is no clause which requires the appellant to maintain a green belt of approximately 33 of the area for which they have sought permission for construction of Research and Development facility - refund allowed. BR BR Fencing of the land leased out by the appellant - Held that - the lower authori....... + More

  7. 2018 (2) TMI 1445 - CESTAT CHENNAI

    Validity of subsequent SCN - Intellectual Property Right Service - it was the contention of appellant that the Revenue having raised their earlier SCN was debarred from raising a subsequent SCN by invoking the larger period of limitation in respect of the said facts and circumstances - Held that - There is no dispute about the fact that in respect of the same set of proceedings, an earlier SCN was issued under a different category of services. Ho....... + More

  8. 2018 (2) TMI 1444 - CESTAT HYDERABAD

    GTA service - Benefit of N/N. 32/2004-ST, dated 03.12.2004 - appellant were discharging service tax liability on 25 of the total freight charges paid by them - Department took the view that notification exemption is not available to appellant as there was no evidence to show that the conditions of the notification were fulfilled - Held that - circular No.137/154/2008-CDA, dated 21.08.2008, clarifies that it is but evident that even for the past c....... + More

  9. 2018 (2) TMI 1443 - CESTAT HYDERABAD

    GTA service - Benefit of N/N. 32/2004-ST, dated 03.12.2004 - appellant were discharging service tax liability on 25 of the total freight charges paid by them - Department took the view that notification exemption is not available to appellant as there was no evidence to show that the conditions of the notification were fulfilled - Held that - circular No.137/154/2008-CDA, dated 21.08.2008, clarifies that it is but evident that even for the past c....... + More

  10. 2018 (2) TMI 1416 - MADRAS HIGH COURT

    Refund of unutilized CENVAT credit - denial on the ground of Non-Registration of premises - Whether the decision of CESTAT in allowing refund of Cenvat credit even without registration is correct? BR BR Held that - Reliance placed in the case of mPortal India Wireless Solutions (P) Ltd. Vs. Commissioner of Service Tax, Bangalore 2011 (9) TMI 450 - KARNATAKA HIGH COURT , where it was held that Registration not compulsory for refund - there was no ....... + More

  11. 2018 (2) TMI 1415 - CESTAT HYDERABAD

    Levy of sales tax/VAT or service tax? - Hire Agreement - appellants had entered into Hire Agreement with parties for supply of Diesel Generators - Department took the view that the said services rendered by appellants to their customers i.e. supply of diesel generators are classifiable under the category of supply of tangible goods and that appellants are liable for payment of service tax on the consideration received for such services from 16-05....... + More

  12. 2018 (2) TMI 1414 - CESTAT NEW DELHI

    Packaging Service - the appellant received charges for carrying out the activity of blending and packing of tea on behalf of M/s TATA Tea Ltd. - Department were of the opinion that the lease agreement by which the appellant made premises available on lease to M/s TATA Tea Ltd. was nothing but a camouflage for receiving additional consideration for the activity of packing - cum duty benefit. BR BR Cum duty benefit - Held that - the appellant has c....... + More

  13. 2018 (2) TMI 1413 - CESTAT NEW DELHI

    Real estate agent service - consideration received by them to change the name of the allottee/owner of a unit in the building and managed by them - Held that - an identical issue has come up before the Tribunal in the case of M/s MGF Developments Ltd. Vs CCE, Delhi 2018 (2) TMI 1048 - CESTAT NEW DELHI , where it was held that the promoter and manager of such property cannot be taxed as real estate agent for the consideration received to substitut....... + More

  14. 2018 (2) TMI 1412 - CESTAT NEW DELHI

    Contractual arrangements with Indian Railways and Catering Tourism Corporation Limited (IRCTC) - Revenue entertained a view that they are not discharging Service Tax on certain activities undertaken/considerations received - Cleaning Services - Held that - It is clear that cleaning is with reference to objects or premises of commercial or industrial building, factory and premises thereof. The original authority gave a reason that railway coaches ....... + More

  15. 2018 (2) TMI 1411 - CESTAT NEW DELHI

    Levy of service tax - rent a-cab services - Held that - it appears that w.e.f. 16/10/1998, the definition of rent a cab scheme operator means any person engaged in the business operating cab on rent basis - In the instant case, the learned Counsel was unable to show any contract with the user. BR BR Time limitation - Held that - the appellant had not disclosed the value of remunerated amount that they are not discharging/paying service tax on the....... + More

  1. 2018 (2) TMI 1507 - CHHATTISGARH HIGH COURT

    CENVAT credit - place of removal of the goods - Job work - whether the principal and job worker are independent legal entities - the Revenue appears to have been insisting that the contract documents as between M/s Parle Biscuits Private Limited and the respondent were not made available for adjudication before the departmental authorities or the Tribunal. BR BR Held that - the fact of the matter remains that levy and sufferance of duty, taxes et....... + More

  2. 2018 (2) TMI 1496 - BOMBAY HIGH COURT

    Validity of Remand order - issue pending before Larger Bench - taxability service under the taxing entry Cargo Handling Services . BR BR Held that - the issue pending for decision of the Larger Bench is involved in all these appeals and the Tribunal, therefore, could not have remanded the matter back to the Adjudicating Authority, but should have waited for decision of the Larger Bench. The order impugned cannot, therefore, be sustained and it wi....... + More

  3. 2018 (2) TMI 1495 - CESTAT HYDERABAD

    Valuation - sale of petroleum products through dealers - appellant retains the benefit of discount/commission offered to the dealers - whether the appellant needs to be saddled with the additional duty liability in resection of the in petroleum products cleared to company owned and company operated (COCO) outlets during the period April 2002 to September 2004? BR BR Held that - It is undisputed that when the goods are cleared to outlets operated ....... + More

  4. 2018 (2) TMI 1494 - CESTAT HYDERABAD

    Classification of goods - Pulihora Paste - Biryani Masala Paste - respondent have classified the said products under Chapters 9 and Chapter 20 respectively of the Central Excise Act, 1985 claiming benefit of nil rate of duty - Revenue sought to classify the said products under chapter 21 as mixed condiments and seasoning liable to Central Excise Duty at the applicable rate - Held that - as regards Pulihora Paste , the First Appellate Authority ha....... + More

  5. 2018 (2) TMI 1493 - CESTAT MUMBAI

    CENVAT credit - credit availed without receipt of material - appellant claims that the entire case is based on third party documents - Held that - the case is booked on the basis of statements of the transporter, first stage dealer and auction bidder. None of these statements have been retracted. All these statements contain admission that the transactions between the appellant and GAA were fictitious and paper transactions and no goods were inde....... + More

  6. 2018 (2) TMI 1492 - CESTAT HYDERABAD

    Refund of unutilized CENVAT credit - Rule 5 of the CCR 2004 - It is the case of the Revenue that when the CENVAT credit itself is not available, the question of availing the same and claiming refund under Rule 5 does not arise - Held that - the concurrent findings as recorded by both the lower authorities seems to be in consonance with the law as it is the avowed policy of Govt of India that the exports should not be burdened with taxes, specific....... + More

  7. 2018 (2) TMI 1491 - CESTAT MUMBAI

    Refund claim - benefit of N/N. 64/95-CE dated 06/03/95 - unjust enrichment - Held that - the appellants have relied on the letter of the BPCL by the Assistant Commissioner of Central Excise, Chembur, where he has stated that the appellant should have claimed the refund as the goods were supplied from the IOCL installation. They have also relied on the certificate issued by the BPCL where it has been stated that the transaction payment between BPC....... + More

  8. 2018 (2) TMI 1490 - CESTAT MUMBAI

    Valuation - includibility - quantity discount at various rates - It was alleged that appellant has not passed the quantity discount claimed by them completely to the buyers - Held that - ample opportunities were given and the appellant failed to substantiate their claim - It is seen that in the earlier proceedings before the Tribunal they had not raised this issue and they have admitted their liability and therefore, it is not open to them to rai....... + More

  9. 2018 (2) TMI 1489 - CESTAT MUMBAI

    Valuation - deduction of freight and insurance on average basis - place of removal - Held that - at the material time depot was not included in the definition of place of removal, consequently, duty was required to be paid on the value at the factory gate. In these circumstances, cost of transportation and transit insurance cannot be included in the assessable value as a matter of principle - reliance placed in the case of UNION OF INDIA & OR....... + More

  10. 2018 (2) TMI 1488 - CESTAT MUMBAI

    Refund claim - excise duty paid in excess - price variation clause - case of appellant is that their claim was not examined properly - Held that - There is no doubt that the appellant was to receive, as consideration, a lesser amount than that on which the duties were initially computed and paid and the contract price had not been registered with the jurisdictional authorities to acquire sanctity from which no deviations could be permitted; that ....... + More

  11. 2018 (2) TMI 1487 - CESTAT MUMBAI

    CENVAT credit - common input services for all divisions - whether the appellant are entitled for the CENVAT credit on common input services namely gardening, canteen, premises maintenance, housekeeping, fire protection etc. for all divisions situated in the premises at Kanjur Marg? - Held that - except outdoor catering services, all other services are used in or in relation to the running of the factory which is engaged for production of final pr....... + More

  12. 2018 (2) TMI 1486 - CESTAT MUMBAI

    CENVAT credit - premium paid on insurance policies - Held that - The decision of the Hon ble High Court in Commissioner of Central Excise & Service Tax, LTU, Bangalore v. Micro Labs Ltd 2011 (6) TMI 115 - KARNATAKA HIGH COURTdid examine the eligibility of tax paid the premium for availment of credit and held that merely because these services are not expressly mentioned in the definition of input service it cannot be said that they do not con....... + More

  13. 2018 (2) TMI 1485 - CESTAT MUMBAI

    CENVAT credit - input services - catering service - quality audit - garden maintenance - testing of samples - Held that - The credit in dispute on testing services is a mere ₹ 143 and that on catering services is a meagre ₹ 384. BR BR Quality audit - Held that - Quality audit is not intended to protect the intellectual property of the concentrate used in manufacture of beverages but has a direct bearing on the product served to the cu....... + More

  14. 2018 (2) TMI 1484 - CESTAT MUMBAI

    SEZ unit - Refund of service tax paid - denial on the ground that the amount claimed had been availed as CENVAT credit by the appellant and that this availment had been suppressed in the documents accompanying the claim - Held that - It is seen from the records that appellant had filed the claims between May 2014 and November 2014. The appellant had reversed the CENVAT credit so claimed only October 2014 - the decision of the Hon ble Supreme Cour....... + More

  15. 2018 (2) TMI 1455 - BOMBAY HIGH COURT

    Benefit of exemption - actual user condition - Whether benefit of N/N. 6/2002-CE as amended or N/N. 6/2006-CE read with N/N. 21/2002-Cus dated 1st March, 2002 which was available to naphtha used in the manufacture of fertilizer , is available to the respondent for that quantity of naphtha which was manufactured and cleared by it to M/s. Rashtriya Chemicals and Fertilizers Ltd availing the benefits under the said notifications, but admittedly, not....... + More

  1. 2018 (2) TMI 1483 - DELHI HIGH COURT

    Reopening of assessment - Section 24 of the Delhi Sales Tax Act, 1975 - Held that - the original records relating to the present case have been misplaced or weeded out and hence it is not possible to establish and show that the assessing authority had recorded reasons to believe in writing before issuing notice dated 9th November, 1999 under Section 24 of the Act. BR BR As the respondents are unable to show and establish that reasons to believe w....... + More

  2. 2018 (2) TMI 1482 - BOMBAY HIGH COURT

    Set off of purchase tax - Whether the applicant is entitled to set off under Rule 41A of the Bombay Sales Tax Rules, 1959 in respect of the purchase tax paid under Section 13 of the Bombay Sales Tax Act while purchasing unginned cotton from the unregistered dealer? - Held that - It is not in dispute that unginned cotton was purchased by the applicant from unregistered dealers by paying purchase tax under Section 13 of the Bombay Sales Tax Act. Th....... + More

  3. 2018 (2) TMI 1481 - MADRAS HIGH COURT

    Validity of assessment order - Section 27 of the TNVAT Act 2006 - Held that - It is not in serious dispute that the turn over was exceeded Rupees Fifty Lakhs even during the year 2007 and the petitioner has submitted a letter along with Form I on 22.04.2008, which is prior to the substitution of Section 34 of TNVAT Act under Tamil Nadu Act 49 of 2008 with effect from 18.06.2008. BR BR Admittedly and no doubt, after the said substitution, the peti....... + More

  4. 2018 (2) TMI 1480 - MADRAS HIGH COURT

    Principles of Natural Justice - TNVAT Act - fulcrum of the argument of the learned counsel for the petitioner is that the revision of assessment was based on the details culled out from the Departmental website and that in spite of the petitioner s request to furnish the details namely mismatch details and check post details, the same were not furnished - Held that - the respondent understood the scope of the direction and called for information ....... + More

  5. 2018 (2) TMI 1479 - MADRAS HIGH COURT

    Maintainability of petition - Issuance of Statutory C Forms - CST Act, 1956 - interstate purchases and transit sales under Section 6(2) - denial of exemption granted for transit sales under Section 6(2) on the ground that the petitioner has not filed the Statutory Forms C/E1 in support of such exemption claimed - Held that - It may not be necessary for this Court to delve on this issue any further on account of the factual turn of events which ha....... + More

  6. 2018 (2) TMI 1478 - MADRAS HIGH COURT

    Finalization of assessment - authority of Assessing Officer to finalize assessment - Held that - after reply is given by the dealer, the Assessing Officer is bound to consider the reply and finalize the assessment based upon the facts and materials placed before him and he cannot close his eyes and state that the officials of the Enforcement Wing have given an adverse report against the petitioner and that therefore, he will blindly follow the re....... + More

  7. 2018 (2) TMI 1477 - MADRAS HIGH COURT

    Principles of Natural Justice - Alternative remedy of filing a revision - Section 54 of TNVAT Act - only grievance of the petitioner is that the objection made by the petitioner by way of reply dated 14.12.2010 had not been considered by the second respondent before passing the impugned order - Held that - it cannot be said that the second respondent had not considered the objections of the petitioner, amounting to violation of natural justice re....... + More

  8. 2018 (2) TMI 1476 - MADRAS HIGH COURT

    Validity of assessment order - challenge to order on the ground that the respondent has not strictly adhered to the directions issued by this Court in the earlier writ petition being W.P.No.20189 of 2003 - principles of natural justice - Held that - the 1st respondent was required to call for the necessary records and details from the 2nd respondent and then conduct an enquiry and pass fresh orders on merits. However, the 1st respondent has parti....... + More

  9. 2018 (2) TMI 1432 - KARNATAKA HIGH COURT

    Input Tax Credit - Section 10(3) of the KVAT Act, 2003 - demand raised relying upon the decision of this Court in the case of M/s.Kirloskar Electric Co. Ltd., & Ors. vs. The State of Karnataka & Ors. 2018 (2) TMI 524 - KARNATAKA HIGH COURT , where it was held that the machinery provisions cannot be allowed to override and defeat the substantive claim of the Input Tax Credits under Section 10(3) of the KVAT Act, 2003, which without any res....... + More

  10. 2018 (2) TMI 1431 - KARNATAKA HIGH COURT

    Demand on the ground that the assessee did not furnish the prescribed Form F declarations to prove that the transaction in question were branch transfers not attracting levy of CST - Held that - this Court is satisfied that Respondent Department itself failed to issue blank F Form declarations, allowing the petitioner in turn to furnish the same on monthly basis, as required under Rule 12(5) of CST Rules. The consolidated F Form for the entire ye....... + More

  11. 2018 (2) TMI 1430 - KARNATAKA HIGH COURT

    Entertainment Tax u/s 6- A(4) of Karnataka Entertainment Tax Act, 1958 - Bangalore Fashion Week organized and held by the petitioner in Hotel Crown Plaza on 03.02.2012 - case of petitioner is that the Event organized by the petitioner did not fall within the four corners of the definition of Entertainment as defined in Section 2(e)(iii) of the Act, 1958 as it was a Fashion Week, in which, the apparels and dresses of various manufacturers were put....... + More

  12. 2018 (2) TMI 1429 - KERALA HIGH COURT

    Review of the judgment dated 10.08.2017 - Held that - the judgment under review was passed relying on that portion of the judgment of the Division Bench in Silver Line Villas & Apartments Pvt. Ltd v. State of Kerala 2016 (12) TMI 1695 - KERALA HIGH COURT , which took a stand that in respect of any suppressed turnover, which was not declared as part of the compounding proceedings, the benefit of the rate of tax applicable to compounding provis....... + More

  13. 2018 (2) TMI 1383 - GUJARAT HIGH COURT

    Scope of the powers of Tribunal - while deciding the issue of Pre-deposit tribunal deleted the penalty - whether the Commissioner was right in imposing certain predeposit condition and consequently right in rejecting the appeal upon the assessee failing to fulfill such condition? - Held that - In the present case, admittedly first appeal lied before the Commissioner and the Tribunal would be involved in deciding the contentious issues only after ....... + More

  14. 2018 (2) TMI 1382 - MADRAS HIGH COURT

    Penalty - attachment of bank accounts - the petitioner has sought for a direction upon the second respondent to authorize and empower the third respondent to take on file the Revision Petition - Held that - this issue need not be gone into, in the present case, since the petitioner has paid the entire tax amount and therefore, the attachment of the petitioner s bank account should be immediately lifted and the petitioner should be permitted to pu....... + More

  15. 2018 (2) TMI 1298 - MADRAS HIGH COURT

    Rate of tax - Classification of goods - automotive air conditioning systems - taxable at 4 or 12.5 - Held that - the goods imported by the petitioner are inputs for the manufacture of car inside the State. Therefore, the appropriate classification should be under Entry 67 of Part B to the First Schedule and not otherwise - In paragraph 13 of the counter affidavit, the respondent took a stand that the industrial input certificates issued by the pu....... + More

  1. 2018 (2) TMI 1501 - SUPREME COURT OF INDIA

    Whether the Multi-National Accounting Firms (MAFs) are operating in India in violation of law in force in a clandestine manner, and no effective steps are being taken to enforce the said law. If so, what orders are required to be passed to enforce the said law? BR BR Held that - While we appreciate that it is for the policy makers to take a call on the issue of extent to which globalization could be allowed in a particular field and conditions su....... + More

  2. 2018 (2) TMI 1500 - SUPREME COURT OF INDIA

    Maintainability of petition - Arbitration agreement - This petition was contested by the respondent who in its reply denied all the allegations raised by the appellant and also submitted that since there was no arbitration agreement between the parties, the petition under Section 9 of the Act was not maintainable - Held that - As per sub-section (5), an arbitration clause contained in an independent document can also be imported and engrafted in ....... + More

  3. 2018 (2) TMI 1475 - BOMBAY HIGH COURT

    Transportation of Ready mix plaster - Prohibition to transport sand beyond border - It is the grievance of the Petitioners that though the vehicles were seized and taken to the Police Station, the Revenue authorities have not followed the procedure prescribed under sub-Section 8 of Section 48 of the Maharashtra Land Revenue Code, 1966. BR BR Held that - it is mandatory for the Revenue Officials to produce attached vehicles before the Collector wi....... + More

  4. 2018 (2) TMI 1450 - BOMBAY HIGH COURT

    Whether the provisions of Limitation Act, especially Section 18 of the Act, which is invoked by the Trial Court, in this case, can be made applicable to the litigation which is governed by the provisions of the Carriage by Air Act, 1972? BR BR Held that - In the instant case, it is admitted that the Carriage by Air Act is a special enactment of the year 1972 and therefore later enactment to the general law of Limitation Act, which was enacted in ....... + More

  5. 2018 (2) TMI 1418 - DELHI HIGH COURT

    Whether the compromise recorded by the Single Judge in orders dated 17th March, 2017, 24th March, 2017 and 26th April, 2017, is valid and legal as per the provisions of Order XXIII Rule 3 of the Code of Civil Procedure, 1908 ( CPC , for short), and whether the same was entered into with the consent of the parties? BR BR Held that - On the day when the consent terms were recorded, i.e. 17th March 2017, the appellants were duly represented by their....... + More

  6. 2018 (2) TMI 1417 - DELHI HIGH COURT

    Suit for recovery of possession and damages - Since the defendant failed to vacate the suit property, therefore, the present suit for possession and damages came to be filed - whether a disputed question of fact arises that the plaintiff is not the owner of the suit property? - Held that - the suit property falls as one of the properties at Serial no. 1(a) of the Schedule II of the Scheme of Arrangement approved vide order 3.1.1983 by this Court........ + More

  7. 2018 (2) TMI 1326 - SUPREME COURT OF INDIA

    Vires of Section 21A of the Banking Regulation Act - What is the scope of Entry 45, List I vis- -vis Entry 30, List II of the Seventh Schedule to the Constitution? - Whether Section 21A can be said to prevail over State Debt Reliefs Acts in the event of a clash between the two? BR BR Held that - It is clear that where Section 21A of the Banking Regulation Act incidentally trenches upon the State Debt Relief Acts, enacted under Entry 30, List II, ....... + More

  8. 2018 (2) TMI 1266 - SUPREME COURT OF INDIA

    Offence punishable under Section 138 of the Negotiable Instruments Act, 1881 - sentence awarded to appellant - Held that - it is not possible to interfere with the concurrent finding of fact regarding the finding of guilt recorded against the appellant. Thus, no interference is warranted against the order of conviction. BR BR Interest of justice would be subserved if the order regarding simple imprisonment of three months is modified and in lieu ....... + More

  9. 2018 (2) TMI 1265 - BOMBAY HIGH COURT

    Dishonor of cheque - Offence punishable under Section 138 of the Negotiable Instruments Act - it is the allegation of the complainant in the complaint itself that accused nos. 2 and 3 on behalf of accused no.1 Company have signed the cheque. Therefore, rest of the accused persons are not responsible for dishonor of the cheque, since they have not signed the cheque. therefore, they cannot be prosecuted. BR BR Held that - In the present case, the c....... + More

  10. 2018 (2) TMI 1189 - MADHYA PRADESH HIGH COURT

    Rejection of revision application - rejection on the ground that the said application has been filed belatedly after 9 months from the date when the case was fixed for defence evidence - Held that - The documents which are sought to be summoned from the complainant cannot be said to be necessary for the disposal of the case. The burden is on the applicant to rebut the presumption as provided under Section 139 of Negotiable Instruments Act. BR BR ....... + More

  11. 2018 (2) TMI 1131 - SUPREME COURT OF INDIA

    Court by which decree may be executed - Transfer of decree - Arbitration award - Procedure where court desires that its own decree shall be executed by another court - whether an award under the Arbitration & Conciliation Act, 1996 is required to be first filed in the court having jurisdiction over the arbitration proceedings for execution and then to obtain transfer of the decree or whether the award can be straightway filed and executed in ....... + More

  12. 2018 (2) TMI 1130 - BOMBAY HIGH COURT

    Whether the Chief Metropolitan Magistrate and the Additional Chief Metropolitan Magistrate are of the same status having the same and identical jurisdiction so far as the trial of criminal cases is concerned? - Held that - Subsection (1) of Section 19 lays down that the Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge; and every other Metropolitan Magistrate shall, subject....... + More

  13. 2018 (2) TMI 947 - DELHI HIGH COURT

    Appeal against Chartered Accountants Final Examination result - petitioners are aggrieved by the result declared and published on its website by the respondent-institute wherein all of them have failed in their respective Groups - credence given to the alleged notification being circulated on the whatsapp/facebook declreing the petitioners as passed - Held that - The foremost fact which emerges from the record is that there is no denial by any of....... + More

  14. 2018 (2) TMI 846 - DELHI HIGH COURT

    Whether the petitioner was justified in holding the amount payable to the respondent after clearing its dues in apprehension of any tax liability that may have any reason against the company? BR BR Held that - the witness of the respondent had admitted that the tax liability had arisen because of a typographical error of the staff of the respondent in documents relating to the transaction and hence for fault of the respondent, the petitioners hav....... + More

  15. 2018 (2) TMI 823 - KARNATAKA HIGH COURT

    Transfer of license in favor of partnership firm - manufacture of liquor - payment of the requisite transfer fees and damages for short lifting of liquor - Held that - this Court is satisfied that the petitioner cannot lay a challenge to the transfer of licence in favour of the partnership firm in accordance with the partnership deed dated 1st April, 2002, even though such an application was filed by the said firm belatedly in the year 2013, sinc....... + More

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