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  1. 2018 (3) TMI 1100 - ITAT NAGPUR


    Claim of deduction in the computation of income in respect of reversal of NPA interest credited to Profit & Loss Account - Held that - In the present case before us, assessee has made a provision at ₹ 246891000/- in P&L a/c under the head Provision for Bad and Doubtful Debts. Moreover there is no dispute with relation to amount of claim and the manner of computation. AO in his order has not disputed the quantum of amount claimed as dedu....... + More

  2. 2018 (3) TMI 1099 - ITAT KOLKATA

    ITO, Wd-10 (1) , Kolkata Versus M/s. Abbey Healthcare (P) Ltd.

    Disallowance of expenses claimed under the head of Sales Promotion - assessee company paid such amount as Freebies to the doctors for prescribing pharmaceutical product of the assessee company - expenses admissible as per instruction No.5/2012 issued by the CBDT - Held that - During the remand proceedings the assessee submitted nine photographs of medical camps, five certificates and seven hotel bills in support of medical camp organized by it an....... + More

  3. 2018 (3) TMI 1098 - ITAT JAIPUR

    Jag Mohan Sharma (Deceased) , Legal Heir Nitesh Sharma Versus The Income Tax Officer, Ward 1 (1) , Jaipur

    LTCG - Disallowing benefit of investment made u/s 54F for purchase of residential house - two adjacent properties purchased - non deposition of sale consideration in capital gain account scheme in accordance with scheme of section 54F(2) - Held that - Prior to the amendment of the provisions of section 54F vide Finance Act 2014 with effect from 01.04.2015, the two adjacent properties would be considered as single residential house for the purpose....... + More

  4. 2018 (3) TMI 1097 - ITAT JAIPUR

    The Income Tax Officer, Ward 4 (1) , Jaipur Versus M/s. Gajanan Towers Pvt. Ltd., Jaipur

    Penalty imposed u/s 271(1)(c)- deliberate attempt to conceal the income by filing inaccurate particulars of income - undisclosed sales and the addition made under section 69C - CIT-A reducing penalty to 100 from 200 - Held that - We note that the assessee disclosed the income of ₹ 46,00,000/- only after the survey proceedings, thus we up hold the levy of penalty and reversed the order of ld. CIT (A) qua this issue in respect of the income d....... + More

  5. 2018 (3) TMI 1096 - ITAT PUNE

    Vodafone Cellular Ltd., (Formerly known as Vodafone Essar Cellular Ltd.) Versus The Dy. Commissioner of Income Tax (TDS-1) , Pune

    TDS u/s 194H - Validity of order passed u/s 201(1) and 201(1A) being passed beyond limitation period specified under section 201(3) - liability to deduct tax at source on discount extended to its distributors of pre-paid SIM cards and talktime (by way of recharge vouchers, e-top up, etc.) - Held that - The present section 201(3) of the Act provides the limit for passing the order to be within seven years from the end of financial year in which th....... + More

  6. 2018 (3) TMI 1095 - ITAT BANGALORE

    M/s. Banashankari Credit Cooperative Society Ltd. Versus The Income Tax Officer, Ward – 7 (2) (4) , Bangalore

    Exemption under Section 80P(2)(a)(i) allowability - interest on the deposits earned in the course of the activity of the Appellant-Society and the income was attributable to the said activity - Held that - If it is found that the facts of the present case are similar to the facts in the case of Tumkur Merchants Souharda Credit Cooperative Ltd. Vs. ITO (2015 (2) TMI 995 - KARNATAKA HIGH COURT), then issue should be decided in favour of the assesse....... + More

  7. 2018 (3) TMI 1094 - ITAT NAGPUR

    Shri Manoj Chainsukh Asawa Versus Income Tax Officer, Ward-4 (1) , Nagpur

    Addition of trade creditors u/s 68 - unexplained cash credits - also making additions of gross profit after rejecting the book results u/s 145(3) - Held that - AO admits these cash sales as unexplained in the absence of confirmation by the parties. Admittedly, these are trade creditors and not cash creditors because the assessee has deposited the cash in its trading bank account out of the proceeds of sales, although those are not verified. It me....... + More

  8. 2018 (3) TMI 1093 - ITAT NAGPUR

    Assistant Commissioner of Income Tax Versus Shri Roshanlal Ramdeo Jaiswal And Vice-Versa

    Addition on account of negative cash balance - Held that - This issue needs reconsideration at the level of the Assessing Officer for the reason that the assessment is to be made on the basis of negative cash balances by adopting the method of peak credit but peak credit has to be taken on daily basis and not on monthly basis as taken by the CIT(A). Before us, learned counsel for the assessee stated that entire details have been filed in respect ....... + More

  9. 2018 (3) TMI 1092 - ITAT KOLKATA

    M/s. Rajshree Vanijya Pvt. Ltd. Versus I.T.O. Ward 2 (1) , Kolkata

    Disallowance on account of interest attributable to the interest free advance given by the assessee - Held that - We find merit in the contention of the learned counsel for the assessee and direct the A.O. to compute the interest to be disallowed as per the direction of the CIT(A) given in the impugned order 13 instead of 15 . BR BR Disallowance made by the A.O. on account of interest accordingly was sustained in A.Y. 2009-10 to the extent it was....... + More

  10. 2018 (3) TMI 1091 - ITAT DELHI

    M/s Gurera Industries Limited Versus ITO, Ward 10 (4) , New Delhi

    Annual Value of House Property determination - as per AO assessee has taken the rent in cash and to avoid the tax liability the rental value has been substantially reduced - Held that - As per the normal practice in the rental arrangement and as proposed in the show cause notice, AO assessed the monthly rental of the assessee company at ₹ 2,99,475/- and made the addition of ₹ 23,05,950/- to the taxable income of the assessee and in Ap....... + More

  11. 2018 (3) TMI 1090 - SUPREME COURT

    Chairman, Central Board of Direct Taxes & Others Versus Meghalaya Co. Operative Apex Bank Ltd. & Another

    Interest on refund of TDS - Held that - No ground to interfere with the impugned order. The special leave petition is accordingly dismissed. HC order confirmed 2017 (6) TMI 1158 - MEGHALAYA HIGH COURT BR BR HC has held that right of receiving interest is available to the petitioners as per the statute and nothing of any estoppel could be considered operating against the petitioners over the statutory provisions contained in Section 244-A of the A....... + More

  12. 2018 (3) TMI 1089 - RAJASTHAN HIGH COURT

    Principal Commissioner of Income Tax-I Versus M/s. Panchsheel Colonizers Pvt. Ltd.

    Rejection of books of accounts - non presenting true and correct picture - Held that - This court in the case of same assessee 2018 (3) TMI 313 - RAJASTHAN HIGH COURT the perusal of the impugned order reveals that this was only a prima facie view which the assessing authority entertained before issuing a show cause notice to the assessee for rejecting its accounts by invoking provisions of section 145(3). He has not been able to point out as to w....... + More


    The Principal Commissioner of Income Tax, Faridabad M/s Marathon Electric India Pvt. Ltd. (formerly known as GE Motors India Pvt. Ltd.)

    Penalty u/s 271(1)(c) - waiver of loan - disallowance being software expenses. - Held that - Tribunal found that the parent company of the assessee waived a loan of ₹ 3.41 crores which the assessee reduced from the gross value of assets from the schedule of fixed assets under the Companies Act, 1956. The Tribunal noted that all the facts in relation thereto were disclosed by the assessee. The assessee took a position which the Tribunal held....... + More

  14. 2018 (3) TMI 1087 - MADRAS HIGH COURT

    M/s. Standard Fireworks Private Limited Versus The Director General of Income Tax (Investigation) , The Principal Commissioner of Income Tax, The Commissioner of Income Tax (Appeals) -19, The Joint Commissioner of Income tax, The Assistant Commissioner of Income Tax

    Stay of demand - Penalty u/s 271(1)(c) - Held that - Referring to Office Memorandum dated 31.07.2017 in which it has been stated that where the outstanding demand was disputed before the Appellate Authority, the assessing officer shall grant stay of demand till the disposal of the first appeal on payment of 20 of the disputed demand. In this case, a simple arithmetic calculation would show that more than 20 of the disputed demand has already been....... + More

  15. 2018 (3) TMI 1086 - GUJARAT HIGH COURT

    Principal Commissioner of Income-Tax, Ahmedabad Versus B.R. Developer

    Unaccounted income disclosed by the respondent assessee during survey proceedings under Section 133A - business income OR undisclosed income under Section 69 - Held that - Tribunal noted that the assessee was engaged in the business of development of housing projects. The amount in question was received by way of bookingamount for Vraj Dham Housing Scheme which was duly reflected in the assessee s audited accounts. The assessee followed the proje....... + More

  16. 2018 (3) TMI 1085 - GUJARAT HIGH COURT

    Principal Commissioner of Income Tax 1 Versus M/s. Riddi Siddhi Corporation

    Unexplained cash credit u/s. 68 - explanation to prove the source of the source - Held that - The assessee had produced all details of advances made by the said lenders. The transfers were made through banking channels. Thus, the assessee had established the identity of the lenders, the genunuiness of the transaction and creditworthiness of the lenders. - Decided in favour of assessee....... + More

  17. 2018 (3) TMI 1084 - GUJARAT HIGH COURT

    Principal Commissioner of Income Tax-5 Versus Dipali Mahendra Shah

    Treatment of Long Term Capital Gains as undisclosed income - addition appreciating the fact that the assessee had not carried out share transactions through stock exchange and those transactions were carried out off market - statement of Shri Mukesh M. Chokshi taken on oath u/s. 132(4) of the Act and is binding as evidence or not? - Held that - As decided in Principal Commissioner of Income Tax-5 v. Dhwani Mahendra Shah 2017 (2) TMI 463 - ITAT AH....... + More

  18. 2018 (3) TMI 1083 - ITAT DELHI

    ADIT, International Taxation Versus Dolphin Drilling Pte Ltd., C/o Nangia And Co.

    Applicability of section 44BB - non-resident earning income from the business of exploration etc. of mineral oils - Held that - The assessee in the instant case has, admittedly, opted for the provisions of sub-section (3). In such a situation, income under the head Profits and gains of business and profession is required to be computed with reference to the provisions contained in Chapter IV-D of the Act. BR BR It becomes eminent that all the rev....... + More

  19. 2018 (3) TMI 1082 - ITAT MUMBAI

    M/s. RBBR Infrastructure Private Limited C/o. R.C. Reshamwala And Co. Versus Income Tax Officer-2 (3) (1) , Mumbai

    Disallowance of additional depreciation u/s 32(1)(iia) - assessee has started production in the succeeding year, but assets were purchased in the previous year and the assessee was not engaged in the business of manufacturing profits when new machinery and plant were acquired - Held that - The assessee is entitled to additional depreciation in case of new machinery or plant which are acquired and installed after 31.03.2005 by the assessee engaged....... + More

  20. 2018 (3) TMI 1081 - ITAT CHANDIGARH

    M/s Sirmour Hotels Pvt Ltd. Versus The DCIT, Circle, Parwanoo

    Entitlement to deduction u/s 80IC on account of substantial expansion of the unit - benefit of deduction on account of investment - eligibility criteria - Held that - The special provisions of section 80IC of the Act are enacted for promoting investment activity in certain undertaking or enterprises in the special category of states including state of Himachal Pradesh. The Eco-tourism unit including the hotel has been specifically allowed in the ....... + More

  21. 2018 (3) TMI 1080 - ITAT DELHI

    Noida Power Company Ltd. Versus ACIT, Circle-2, Noida

    TDS u/s 194J - disallowance u/s 40(a)(ia) for non-deduction of tax on payment of transmission and wheeling charges - Held that - Disallowance under Section 40(a)(ia) for non-deduction of tax on payment of transmission charges the same is covered in favour of the assessee by the decision of the Tribunal in assessee s own case 2017 (12) TMI 911 - ITAT DELHI as held AO has completely failed to bring relevant materials, whatsoever, on record to prove....... + More

  22. 2018 (3) TMI 1079 - ITAT DELHI

    Society for Educational Excellence Versus DCIT, Central Circle, Ghaziabad

    Assessment u/s. 153A - Held that - Apparently in this case the search took place at the premises of the assessee society on 31.07.2013. As on that dated for impugned assessment year 2008-09 the return of income was filed by the assessee on 12.03.2009 and time limit for issue of notice u/s 143(2) of the Act was expired on 30.09.2009. In view of this the assessment year 2008-09 was not pending on the date of search. Further notice u/s 153A was issu....... + More

  23. 2018 (3) TMI 1078 - ITAT DELHI

    Ansal Properties & Infrastructure Ltd. Versus DCIT, Central Circle-20, New Delhi

    Addition of notional Annual Letting Value on closing stock of flats / spaces - deemed to to be let out or used for own occupation - Held that - As decided in case of CIT Vs. Ansal Housing Finance & Leasing Co. Ltd. 2012 (11) TMI 323 - DELHI HIGH COURT ALV is a method to arrive at a figure on the basis of which the impost is to be effectuated. The existence of an artificial method itself would not mean that levy is impermissible. Parliament ha....... + More

  24. 2018 (3) TMI 1077 - ITAT CHANDIGARH

    The DCIT, Circle, Mandi Gobindgarh Versus M/s Sood Plastics (P) Ltd. And Vice-Versa

    Addition on account of suppressed sale - Held that - CIT(A) has rightly deleted the addition in the absence of any cogent or convincing evidence that the assessee has surpassed i ts sales. The assessee has explained about var ious factors contributing for the low yield. Even otherwise, in our view, in the absence of any incriminating evidence, it cannot be assumed that the assessee might have suppressed the sales - Decided against revenue BR BR C....... + More

  25. 2018 (3) TMI 1076 - ITAT JAIPUR

    Madan Gopal Gupta Huf Versus Income Tax Officer, Ward-3 (2) , Jaipur

    Capital Gains - Valuation - determination of cost of acquisition - AO did not accept the fair market value and indexed cost applied by the assessee and obtained the D.L.C. Rates for village Kanakpura, Jaipur as on 19/12/1991 at ₹ 39,000/- per bigha as against the rate adopted by the assessee at ₹ 1 lacs per bigha. Accordingly, the AO applied reverse indexation method of D.L.C. rate of ₹ 39,000/- per bigha and worked out the fair....... + More

  1. 2018 (3) TMI 1075 - DELHI HIGH COURT

    J.K. Mittal & Co. and Legalance IP Corp LLP Versus Union of India & Ors.

    Corrigendum to bring the original notification dated 28th June, 2017 in confirmity with the recommendations of the GST Council - a corrigendum on the same lines will be issued by the GNCTD as well list on 15th November 2017........ + More

  2. 2018 (3) TMI 1074 - KERALA HIGH COURT

    Beena Steel Corporation Versus The Assistant Sales Tax Officer, GST Department, Thrissur

    Detention of consignment with vehicle - requirement of security deposit for release of goods and vehicle - Held that - it is established that the documents used by the petitioner would not suffice to cover the transportation of the goods - the detention cannot be said to be un-justified - the respondent is directed to release the goods and the vehicle covered by Ext.P3 detention notice, to the petitioner, on his furnishing a bank guarantee to cov....... + More

  3. 2018 (3) TMI 1019 - KERALA HIGH COURT

    Artech Realtors (P) LTD. Versus Assistant Sales Tax Officer Squad No. 4, Kerala State Goods And Service Tax Department And Assistant Commissioner (Works Contract) State Goods And Service Tax Department Commercial Tax Towers Karamana, Karamana, Thiruvananthapuram

    Detention of the goods of the petitioner, along with the vehicle - Section 129 of the Central Goods and Services Tax Act - Held that - the first respondent directed to complete the adjudication provided for under Section 129, within a week from the date of production of a copy of this judgment - petition disposed off........ + More

  4. 2018 (3) TMI 1018 - KERALA HIGH COURT

    Oriental Metals India Pvt. Ltd. Versus Assistant State Tax Officer And State Tax Officer State Goods And Service Tax Department, Kochi

    Detention of goods - sub-section (3) of Section 129 of the Central Goods and Services Tax Act - Held that - In terms of the interim order passed by this Court on 22.02.2018, this Court directed release of the goods detained against execution of a bond - this writ petition is disposed of directing the second respondent to complete the adjudication provided for under Section 129 of the Act, within one month from the date of receipt of a copy of thi....... + More

  5. 2018 (3) TMI 1017 - MADRAS HIGH COURT

    Coimbatore Corporation Contractors Welfare Association Versus State of Tamil Nadu, The Chief Engineer (WRO) , The Superintending Engineer (WRO) and The Commissioner of Commercial Taxes

    Consideration of representations submitted by the petitioner - Levy of GST - Works Contract, on which VAT was imposed previously - the petitioner/association made representations on 05.07.2017 10.07.2017, 11.07.2017 and 11.09.2017 to the respondents stating that the contract works for which the agreements were executed prior to 01.07.2017 GST cannot be imposed and 2 VAT alone is applicable. BR BR Held that - since the petitioner s representations....... + More

  6. 2018 (3) TMI 1016 - MADRAS HIGH COURT

    Coimbatore Corporation Contractors Welfare Association Versus State of Tamil Nadu, The Commissioner, Greater Chennai Corporation, The Deputy Commissioner (works) , The Finance Advisor, The Chief Engineer and The Commissioner of Commercial Taxes

    Consideration of representations submitted by the petitioner - Levy of GST - Works Contract, on which VAT was imposed previously - the petitioner/association made representations on 05.07.2017 10.07.2017, 11.07.2017 and 11.09.2017 to the respondents stating that the contract works for which the agreements were executed prior to 01.07.2017 GST cannot be imposed and 2 VAT alone is applicable. BR BR Held that - since the petitioner s representations....... + More

  7. 2018 (3) TMI 972 - KERALA HIGH COURT

    M/s. Vajra Rubber Products (P) Ltd. Versus The Commercial Tax Officer, Irinjalakuda, Asst. State Tax Officer And Superintendent of Central Tax & Central Excise, Irinjalakuda

    Release of the goods detained - Section 129 of the Central Goods and Services Tax Act - Held that - an identical matter has been disposed of by a Division Bench of this Court in the case of 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 detained pending adjudication, in terms ....... + More

  8. 2018 (3) TMI 971 - MADRAS HIGH COURT

    M/s. Priyanka Enterprises Versus The Joint Commissioner of Customs

    Classification of imported goods - GSL ARTEMIA BRINE SHRIMP EGGS - petitioner sought to avail concessional duty (preferential rate of 0 IGST as against 5 IGST) by relying upon Notification No.002/2017-Cus dated 28.06.2017 in Sl.No.33 - respondent opined that the item imported by the petitioner should be classified under IGST Notification No.001/2017 Sl.No.I-21 - Held that - Prima facie this Court is of the view that the respondent could not invok....... + More

  9. 2018 (3) TMI 970 - KERALA HIGH COURT

    Sri. Shaji Gregory and Versus State of Kerala and Intelligence Officer, Squad No. 1, Commercial Taxes

    Detention of goods - inter-state transport - detention was for the reason that the notice issued is that of the Value Added Tax period and also of undervaluation - Held that - with respect to an inter-State transport, there are no documents prescribed by the Central Government - In the circumstance of the Central Government having still not prescribed any document, prima facie there can be no detention of goods on that count. However, the adjudic....... + More

  10. 2018 (3) TMI 969 - KERALA HIGH COURT

    Mariyam Steels Versus State Tax Officer, (Intelligence Inspector)

    Detention of goods (M.S scrap) with vehicle - non-production of proper documents - insistence of the respondent that the petitioner must pay the security deposit demanded in the detention notice as a condition for release of the goods and vehicle - Held that - The learned counsel for the petitioner faced with a situation where detention is inevitable till such time as the adjudication is completed undertakes to furnish a bank guarantee for the am....... + More

  11. 2018 (3) TMI 968 - MADRAS HIGH COURT

    Coimbatore Corporation Contractors Welfare Association Versus State of Tamil Nadu, The Managing Director Tamil Nadu Water Supply & Drainage Board, The Executive Director Tamil Nadu Water Supply & Drainage Board, The Chief Engineer Tamil Nadu Water Supply & Drainage Board and The Commissioner of Commercial Taxes

    Consideration of representations submitted by the petitioner - Levy of GST - Works Contract, on which VAT was imposed previously - the petitioner/association made representations on 05.07.2017, 10.07.2017, 11.07.2017 and 11.09.2017 to the respondents stating that the contract works for which the agreements were executed prior to 01.07.2017 GST cannot be imposed and 2 VAT alone is applicable. BR BR Held that - since the petitioner s representation....... + More

  12. 2018 (3) TMI 901 - KERALA HIGH COURT

    M/s. Plymark India (P) Limited Versus The Assistant State Tax Officer, Karukutty, The Commissioner of State Tax, Thiruvananthapuram And The Central Board of Indirect Taxes & Customs, New Delhi

    Release of detained goods - Section 129 of the Central Goods and Services Tax Act - Held that - the writ petition is disposed of directing the competent authority to complete the adjudication provided for under Section 129 of the statutes - It is also directed that if the petitioner complies with Rule 140(1) of the Kerala Goods and Services Tax Rules, 2017, the goods detained shall be released to the petitioner forthwith - petition disposed off........ + More

  13. 2018 (3) TMI 900 - MADRAS HIGH COURT

    Coimbatore Road Contractors Welfare Association Versus State of Tamil Nadu, The Chief Engineer National Highways, The Chief Engineer Highways Construction and Maintenance, The Regional Officer National Highways and The Commissioner of Commercial Taxes

    Consideration of representations submitted by the petitioner - Levy of GST - Works Contract, on which VAT was imposed previously - the petitioner/association made representations on 05.07.2017, 29.08.2017 and 11.09.2017 to the respondents stating that the contract works for which the agreements were executed prior to 01.07.2017 GST cannot be imposed and 2 VAT alone is applicable. BR BR Held that - since the petitioner s representations are pendin....... + More


    M/s Special Ashoka Beedi Works Versus The Goods and Service Tax Officer, Madanapalle and two others

    Confiscation of seized vehicle along with certain quantities of beedies - Held that - as the seized vehicle is not liable for confiscation in default of payment of tax that may be determined/already determined, no purpose will be served by keeping the said vehicle under continued detention - petition allowed........ + More

  15. 2018 (3) TMI 679 - ALLAHABAD HIGH COURT

    M/s KTL (P) Ltd. Versus Union of India

    Difficulties in filing of GST Tran-1 - transitional credit - Writ of mandamus to extend the time period for filing of GST Tran-1 - application of petitioner was not entertained on the last date i.e. 27.12.2017 and he has filed his complete application for the necessary transactional credit - Held that - the respondents are directed to reopen the portal within two weeks from today. In the event they do not do so, they will entertain the applicatio....... + More

  1. 2018 (3) TMI 1101 - ORISSA HIGH COURT

    M/s. The Dhamra Port Company Limited Versus Union of India And Others

    Authorization under the Export Promotion Capital Goods (EPCG) Scheme and the Foreign Trade Policy (FTP) 2015-20 to import three Grab Type Ship Unloaders (GTSU) from Shanghai Zhenhua Heavy Industries Co. Ltd., China for installation at its port located at the mouth of river Dhamra in the State of Odisha - Port of registration - Port of import - It is averred that the intent behind import was to provide import facility for import of lime stone and ....... + More

  2. 2018 (3) TMI 1073 - CESTAT MUMBAI

    Shri Arvind Jain Versus Commissioner of Customs (Import) , Mumbai

    Diversion of imported goods into local market - violation of actual user condition - clandestine removal - onus of proof - Held that - The negative onus cannot be cast on the assessee that they have not procured the goods from the advance license holders - Revenue has admitted in the present case that there is no direct evidence but has referred to the circumstantial evidence on record, by submitting that since part of the goods were found to be ....... + More

  3. 2018 (3) TMI 1072 - CESTAT ALLAHABAD

    M/s Deepak Bajaj Versus Commissioner of Customs, Lucknow (Preventive)

    Benefit u/s 80 of CA, 1962 - Re-export of gold through Sonauli Customs land station - Held that - any passenger entering into India is empowered to make a declaration of his baggage before entering into India as provided under Section 77 of Customs Act, 1962. Further, if it is found that goods accompanying him which are also called as baggage import of which is prohibited and in respect of which true declaration has been made under Section 77 of ....... + More

  4. 2018 (3) TMI 1071 - CESTAT, BANGALORE

    Essilor India Private Limited Versus The Commissioner Of Customs And Service Tax,

    Classification of semi-finished goods - spectacle lenses - eligibility for exemption N/N. 6/2006-CE dated 1.3.2006 providing for exemption to spectacle lens - Whether the goods are classifiable under CTH 9001.90.90 of the Customs Tariff Schedule or otherwise? - Held that - this Tribunal in appellant s own case Essilor India Pvt Ltd Versus Commissioner Of Customs And Service Tax, Bangalore-Cus 2018 (3) TMI 974 - CESTAT, BANGALORE has allowed the a....... + More

  5. 2018 (3) TMI 1015 - CESTAT, BANGALORE

    Metso Automation India Pvt. Ltd Versus Commissioner Of Customs And Service Tax Bangalore-Cus

    Condonation of delay in filing appeal - power of Commissioner (A) to condone delay - Held that - if the appellant were aggrieved by the assessment of the Bill of Entry, he could have either asked for re-assessment of the Bill of Entry or at least challenged the same before the First Appellate Authority within the time available to him for such purpose - Since the appeal has been filed before the Commissioner (A) well beyond the period, which he i....... + More

  6. 2018 (3) TMI 1014 - CESTAT, BANGALORE

    Paragon Rubber Industries Versus Commissioner Of Customs Cochin-Cus

    Re-assessment of value - Stearic Acid Pace imported from Malaysia - enhancement of value - Held that - Section 14 of the Customs Act as well as Customs Valuation Rules provides for rejection of transaction value only in certain specific cases and only after rejection of such value, the value can be re-assessed - In the present case, the transaction value has been rejected only by reference to NIDB data as well as in comparison of supplies made by....... + More

  7. 2018 (3) TMI 1013 - CESTAT, BANGALORE

    M/s. Shri Manjunatha Shipping (P) Ltd. Versus Commissioner Of Customs

    Export of goods without having the license for export - Muriate of Potash - restricted item - Held that - there is negligence on the part of the appellant because before making the shipping bill, he has neither inspected the documents nor the goods or its literature. But fact remains that the export item is a chemical item and appellant is not a chemical expert - the quantum of penalty reduced - appeal allowed in part........ + More

  8. 2018 (3) TMI 974 - CESTAT, BANGALORE

    Essilor India Pvt Ltd Versus Commissioner Of Customs And Service Tax, Bangalore-Cus

    Classification of semi-finished goods - spectacle lenses - eligibility for exemption N/N. 6/2006-CE dated 1.3.2006 providing for exemption to spectacle lens - Whether the goods are classifiable under CTH 9001.90.90 of the Customs Tariff Schedule or otherwise? - Held that - this Tribunal in appellant s own case M/s. Essilor India Pvt. Ltd. Versus Commissioner of Customs, Bangalore 2016 (5) TMI 303 - SUPREME COURT has allowed the appeals of the app....... + More

  9. 2018 (3) TMI 935 - DELHI HIGH COURT

    Vaish Brothers Through Partner Versus Commissioner Of Customs

    Maintainability of appeal - Power of tribunal to refuse to entertain an appeal where fine or penalty does not exceed ₹ 2 lakhs - Section 129A of Customs Act, 1952 - Whether the Customs, Excise and Service Tax Appellate Tribunal was right in exercising discretion and in refusing to admit the appeal preferred by the appellant in exercise of discretion vested under proviso (iii) to sub-section (1) of Section 129A of Customs Act, 1952? BR BR He....... + More

  10. 2018 (3) TMI 934 - CESTAT, ALLAHABAD

    M/s Vidhata Overseas And Golden Life HK Versus Principal Commissioner of Customs, Noida

    Misdeclaration of imported goods - attempt to import counterfeit goods - It appeared to Revenue that the said goods were counterfeit and they had contravened Intellectual Property Rights and were prohibited goods - Held that - the counsel for the appellant could not give any justifiable reasons as to why we should interfere with the impugned Order-in-Original - demand upheld - appeal dismissed - decided against appellant........ + More

  11. 2018 (3) TMI 933 - CESTAT, ALLAHABAD

    M/s Global Implex And Smt Suvra Saha Ray Versus Commissioner of Customs, Noida

    Export of Indian Brown Basmati Rice Par-boiled - misdeclaration of goods - DGFT N/N. 55 (RE-2008)/2004-2009 dated 05.11.2008 - prohibited goods - Held that - the parameters laid down under the said DGFT-Notification dated 05.11.2008 read with N/N. 57/2009-2014 dated 17.08.2010 have been met with as discussed by the learned Commissioner - there are no merit in the impugned order in confiscating the goods in question which have already been exporte....... + More

  12. 2018 (3) TMI 878 - DELHI HIGH COURT

    Steel Authority Of India Limited Versus Designated Authority Directorate General Of Anti-Dumping & Ors.

    Vires of para 7 of Annexure-1 of the Anti- Dumping Rules - Section 9A of the Customs Tariff Act, 1975 - direction to not levy antidumping duty charged on the graphite electrode imported from China. BR BR Held that - In the opinion of this court, the question cannot be considered as it would be affording the Petitioner a fresh round to litigate the self same cause of action. - The Petitioner is a corporation; one of the largest public sector compa....... + More

  13. 2018 (3) TMI 877 - CESTAT HYDERABAD

    Hindustan Petroleum Limited Versus CC, Vijayawada

    Duty demand on crude oil based on Bills of Lading quantity - Whether the appellant has discharged the customs duty on the crude oil which was imported by them? BR BR Held that - the issue is now squarely settled by Hon ble Supreme Court in the case of Mangalore Refinery & Petrochemicals Limited Vs. CC, Mangalore 2015 (9) TMI 245 - SUPREME COURT , where it was held that If the goods are pilferred after they are unloaded or lost or destroyed at....... + More

  14. 2018 (3) TMI 876 - CESTAT MUMBAI

    Jas International Versus Commissioner of Customs (Import) , Mumbai

    Import of prohibited item - batteries as per ISO-9128 specifications or not? - confiscation - Held that - whatever material relied upon by Revenue for holding the goods as prohibited and in respect of country of origin, the same is not sufficient to hold against the appellant - it cannot be said that the appellant have mis-declared the goods only on the basis of report received from ERTL (W). BR BR As per the documents and certificate of origin i....... + More

  15. 2018 (3) TMI 875 - CESTAT MUMBAI

    Jindal Saw Ltd. Versus Commissioner of Customs (Export) , Mumbai

    Whether the appellant is liable to pay duty on the export made under shipping bill no. 5475349 dated 05.05.2008 as prevailing on the date of export which became nil by N/N. 77/2008-Cus dated 13.6.2008? BR BR Held that - this Tribunal has already decided the caption issue in the case of M/s Jindal Saw Ltd. Versus Commissioner of Customs (Export), Nhava Sheva 2018 (2) TMI 246 - CESTAT MUMBAI wherein it has been held that the appellant is liable to ....... + More

  1. 2018 (3) TMI 1070 - SUPREME COURT OF INDIA

    Barun Kumar Nandi Versus Securities And Exchange Board Of India

    Violation of the provisions of the Companies Act, 1956 - Held that - The respondent-SEBI initiated action under Section 19 of the Securities and Exchange Board of India Act, 1992 read with Sections 11(1), 11(4), 11A and 11B thereof against Suraksha Agrotech Industries Limited for its having issued Redeemable Preference Shares in violation of the provisions of the Companies Act, 1956. BR BR Since the appellant was held to be the director of the sa....... + More

  2. 2018 (3) TMI 1069 - KARNATAKA HIGH COURT

    GE India Industrial Private Limited Versus Triangle Agencies & Sales Private Limited

    Winding up petition - eligible debt - Held that - Admittedly, the debt is bonafide disputed. Though the learned counsel for the petitioner submits that the defence is not a substantial one that cannot be countenanced for the reason that the dispute has arisen in relation to the agreement dated 21.01.2011. Series of transactions have taken place. The purchase orders, invoices placed by the petitioner though relates to a restricted period, it canno....... + More

  3. 2018 (3) TMI 1068 - DELHI HIGH COURT

    Krishnamoorty Chandru And Anr. Versus Union Of India & Anr.

    Condonation of Delay Scheme, 2018 - Held that - In order to facilitate this exercise, operation of the impugned list, insofar as it concerns the petitioners, will remain stayed till 31.3.2018 or, till such time the respondents take requisite decision with regard to the request of the petitioners made to them in consonance with the provisions under Section 248 (2) of the Companies Act, 2013 and under the Condonation of Delay Scheme, 2018. BR BR Ne....... + More

  4. 2018 (3) TMI 870 - DELHI HIGH COURT

    Deepak Dwivedi Versus Union of India And Anr.

    Disqualifying the petitioners as Directors in the company as there was default in submitting returns with regard to the affairs of the said Company - Condonation of Delay Scheme, 2018 benefit seeked - Held that - We direct as follows BR BR (i) Subject to the petitioner submitting the requisite fees with the respondents within a period of two weeks as prayed, the respondents shall forthwith take steps for removal of the petitioners names from the ....... + More

  5. 2018 (3) TMI 869 - BOMBAY HIGH COURT

    Posco-India Pune Processing Centre Private Limited Versus M/s. Rojee-Tasha Stampings Private Limited, Poona Tools Pvt. Ltd., Automotive Metal Stampings Private Limited and Ganage Pressings Private Limited

    Winding up petition - non reply to statutory notice - commercial insolvency - Held that - The submissions that the claim under petition was not a debt and petitioner is not a creditor of the company but the claim is for damages and there was no ascertained liability which can be proved only in a Civil Court, is not tenable and requires to be rejected. There is no question of the claim being in respect of damages or being un ascertained in any man....... + More


    Achintya Kumar Barua alias Manju Baruah, Marami Goswami Barua, Maan Singh Kharangi Barua, Sikha Barua And Baladev Barkakati Versus Ranjit Barthkur And Radhika Barthakur

    Application before the NCLT seeking facility of attending the Board meetings through video-conferencing - appellant contended that, sub-Rule (2)(e) puts the burden on the Chairperson to ensure that no person other than the concerned Director is attending and this would not be possible for Chairperson to ensure in video-conferencing. - Held that - It would not be appropriate to shut-out these provisions on mere apprehensions. - NCLT took note of t....... + More

  7. 2018 (3) TMI 718 - DELHI HIGH COURT

    Robin Garg Versus M/s. VIJ Constructions Ltd.

    Winding up petition - Held that - In the course of winding up of a company, it appears that any person who has misapplied, or retained, or become liable or accountable for, any money or property of the company, the court can direct the said person to repay or restore the money. May only note that under section 446 of the Companies Act where winding up order has been made, the OL takes into custody and control all the property of the company of wh....... + More

  8. 2018 (3) TMI 717 - DELHI HIGH COURT

    M/s. Pulling & Lifting Machines (P) Ltd. Versus Ruskin Titus India Pvt. Limited

    Winding up petition - Held that - The entire controversy actually centres around the invoice of the petitioner that was raised. There are available before the court two invoices, one is for ₹ 22,94,953/- filed by the petitioner. The other one is for ₹ 15,75,062/- filed by the respondent. The amount of ₹ 15,52,427/- has already been paid to the petitioner. Keeping in view the above facts, it is not possible for this court to adju....... + More

  9. 2018 (3) TMI 646 - DELHI HIGH COURT

    Vanshika Tarachandani and Anr. Versus Union of India And Anr.

    Benefit of the Condonation of Delay Scheme, 2018 - Held that - This petition can be disposed of with the direction that respondents will follow the directives contained in Sandeep Singh (2018 (3) TMI 560 - DELHI HIGH COURT). It is made clear that the directives contained therein will apply to the petitioners mutatis mutandis. BR BR The petitioners will, however, take steps both in consonance with the provisions of Section 248 (2) of the Companies....... + More

  10. 2018 (3) TMI 645 - MADRAS HIGH COURT

    Thakur J. Bakshani Versus Shriutivinda Agro Farms Pvt. Ltd., Mr. K.V.V. Krishnam Raju, Nova Dyeing & Printing Mills Limited, Mr. Harish J. Bakshani And Prem Watwani

    Validity of the Sale Agreement - Suit filed for Specific Performance of the Agreement for Sale - Whether the third defendant and other Directors obtained consent from the plaintiff before entering into the Sale Agreement dated 14.07.2005, being a major shareholder in the company? - applicability of Doctrine of Indoor Management - Held that - This Court is of the considered view that the sale and lease of immovable properties of the third defendan....... + More


    Mr. Giju Mathai Versus Rojer Mathew P.,P.T. Mathai Construction Company Private Ltd., Mr. P.T. Mathai And Seguro Foundation & Structures Pvt Ltd.

    Oppression and mismanagement - removal of directors - personal liabilities of the Directors towards the Bank - two Managing Directors of the company, one appointed by the Tribunal below and the other one already performing the duties of the Managing Director - BR BR Held that - We are not comfortable that the 1st respondent can be expected to look after the affairs of the 2nd respondent while also looking after the affairs of his own company whic....... + More

  12. 2018 (3) TMI 561 - BOMBAY HIGH COURT

    Vandana Global Limited, Versus IL & FS Financial Services Limited.

    Winding up petition - difficulties of non payment of the amount due and payable - Held that - It is well settled that a contract of guarantee involves principally three parties namely the creditor, the surety and the principal debtor, where liability may be actual or prospective. Thus necessarily the ingredients of a contract of guarantee are clearly present in the option agreement which are reflected from the unambiguous nature of Article II the....... + More

  13. 2018 (3) TMI 560 - DELHI HIGH COURT


    Condonation of Delay Scheme -2018 - Removal of the Company from the Register u/s 248(1) - Held that - The Registrar shall scrutinize the same, and if the same are found to be otherwise in accordance u/s 248(2), the petitioners would be granted the benefit of the CODS - 2018. Removal of the Company from the Register under Section 248(1) would be deemed as striking off the Company under Section 248(2), and the petitioner‟s application under C....... + More


    Dr. Rakesh Shivhare, Dr. Sandip Saxena And Shri Suresh Choukse Versus Sobhagya Hospital & Research Centre Pvt. Ltd., Mr. Anil Jain, Dr. Subodh Jain, Dr. Nitin Modi, Dr. Hariprasad Yadav, Dr. Sandeep Julka, Dr. Ravi Nagar, Dr. Pravar Passi, Bank of India, Registrar of Companies, Madhya Pradesh And Dr. Sobhagyamal Jain

    Oppression and mismanagement - settlement process - While some parties pressed for execution of the consent terms, other parties claimed breach and forfeiture, etc. The impugned order has disposed of those applications recording reasons. - Held that - The learned counsel for both sides however, went on with their arguments relating to one party finding fault with the other and vice versa but did not satisfy us that Annexures A and B read together....... + More

  15. 2018 (3) TMI 459 - BOMBAY HIGH COURT

    Pearl Engineering Polymers Ltd. Versus Deutsche Bank AG, London, & Others

    Winding up petition - Rectification by Central Government of register of charges - Held that - It is observed by the Court that, the transaction, based upon which the Company Petition was presented, unless screened and declared, the order in respect of winding up of the Company does not deserve to be passed. The foundation of exercise of the discretion shall be, neglect to pay due and agreed amount . It is observed that since the Petition raises ....... + More

  1. 2018 (3) TMI 1067 - PUNJAB & HARYANA HIGH COURT

    Gurnihal Singh Pirzada Versus Directorate of Enforcement And Others

    Working of Special Investigation Team ( SIT ) questioned - As submitted SIT especially the Directorate of Enforcement ( ED ) is acting in contravention and beyond the orders of this Court which was supposed to investigate the dispute of M/s International Customer Related Management Services Pvt. Ltd. (for short, ICRMS ) and rather it has plunged into third party disputes - Held that - In the light of unison shown by the learned counsel representi....... + More

  2. 2018 (3) TMI 1066 - ATFEMA

    M/s Sushil Sales Corporation Versus The Deputy Director Directorate of Enforcement, Mumbai

    Application of FEMA for a contravention in the FERA issue - Held that - The present appeal instead of being preferred before the Special Director (Appeals) under Section 17 of FEMA has being filed this Tribunal for Foreign Exchange under section 19 FEMA is not maintainable and thus the same is liable to be dismissed........ + More

  3. 2018 (3) TMI 119 - DELHI HIGH COURT

    Bimal Kumar Jain Versus Directorate Of Enforcement

    Violation of provisions of FEMA - cross-examination of the witnesses other than the IO - Held that - The application made to the Special Director in the course of proceedings in this case (dated 21.12.2017), is part of the record. No doubt, the appellant sought the Investigating Officer s cross-examination inasmuch as, according to him, examination as to the conclusion in his report was necessary. BR BR The appellant, at the same time requested f....... + More

  4. 2018 (2) TMI 1682 - MADRAS HIGH COURT

    Pradeep D. Kothari Versus The Assistant Director, Directorate of Enforcement, Commissioner of Customs (Appeals-I) , Deputy Commissioner of Income Tax

    Order of seizure in terms of provisions of Section 37A(1) of FEMA - foreign exchange worth USD 352258.25 suspected to be held outside India in contravention of Section 4 of FEMA - Held that - The petitioner filed an additional affidavit dated 08.01.2018 placing certain factual details regarding the amount, which was lying in the foreign Bank account in 2002. Along with the additional affidavit, the petitioner has enclosed copy of the letters of H....... + More

  5. 2018 (2) TMI 762 - BOMBAY HIGH COURT

    Lalit Kumar Modi Versus Special Director, Directorate of Enforcement & Others

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

  6. 2018 (2) TMI 579 - ATFEMA

    Sh. Kamlesh B. Rawal Versus The Joint Director Directorate of Enforcement, Mumbai

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

  7. 2018 (2) TMI 333 - DELHI HIGH COURT

    Bimal Kumar Jain Versus The Directorate of Enforcement

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

  8. 2018 (1) TMI 1222 - ATFEMA

    P.A. Noushad Versus The Special Director Directorate of Enforcement, Cochin

    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

  9. 2018 (1) TMI 568 - GUJARAT HIGH COURT

    Union of India Through Competent Authority Versus Abbasbhai Mulla Fazle Abbas And 10

    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

  10. 2018 (1) TMI 221 - DELHI HIGH COURT

    Silicon Graphics Systems India Private Limited Versus Special Director of Enforcement & Ors.

    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

  11. 2017 (12) TMI 396 - BOMBAY HIGH COURT

    Union of India Versus Shri Yogesh Mehta And Another, Sh. Hemal Thakkar

    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

  12. 2017 (11) TMI 839 - ATFEMA

    Union of India Directorate of Enforcement, New Delhi Versus Shri Tasveer Asgar Khan

    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

  13. 2017 (11) TMI 618 - ATFEMA

    Shri P. Narayan Iyer Versus The Special Director Directorate of Enforcement, Chennai

    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

  14. 2017 (10) TMI 1129 - KARNATAKA HIGH COURT

    Shri D. Venugopal S/o D.V. Prasad, Devas Multimedia Private Limited, Shri M. Umesh Versus The Assistant Director, Directorate of Enforcement, The Special Director, Directorate of Enforcement

    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

  15. 2017 (10) TMI 909 - DELHI HIGH COURT

    Dr. R.N. Gupta Technical Educational Society Versus Union of India

    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


    In Re : Miditech Private Limited

    Initiation of Corporate Insolvency Resolution Process - Held that - The Insolvency and Bankruptcy Code, 2016 is a complete Code in itself. The provisions of the Code are to be mandatorily followed. Tribunal cannot exercise the power as enshrined in Article 142 of the Constitution of India. Adherence to the statutory requirements has to be in toto. Section 10 (4) (a) of the Code mandates the Adjudicating Authority to admit the application if it is....... + More


    Bank of India (CP 1397 And CP 1398) Versus Gupta Infrastructure (India) Pvt. Ltd. And Gupta Infratec Pvt. Ltd.

    Deed of guarantee executed by the guarantors duly stamped - whether or not this company petition be admitted basing on this deed of guarantee? - Held that - For the Corporate Debtor themselves agreed that the right against the principal borrower and the corporate guarantors is co extensive, the creditor need not remain in waiting until the realisable claim is crystalized from the principal borrower. Since the right against the principal borrower ....... + More


    State Bank of India Versus Mr. V. Ramakrishnan And M/s. Veesons Energy Systems Pvt. Ltd.

    Stay of proceedings under SARFAESI Act 2002, including the auction notice - Moratorium applicability to the property of the Corporate Debtor - Approval of resolution plan - Financial Creditor , including Appellant-State Bank of India to proceed against the Personal Guarantor of the Corporate Debtor - Held that - Only institution of suits or continuation of pending suits or proceedings against the Corporate Debtor are prohibited from proceedings, ....... + More

  4. 2018 (3) TMI 574 - DELHI HIGH COURT

    Dr. Vidya Sagar Garg Versus Insolvency And Bankruptcy Board Of India

    Corporate insolvency process - Registration as an Insolvency Profession (I.P.) has been rejected - Held that - What is not disputed by the learned counsel for the petitioner is that an FIR bearing No.RC/219/2012, dated 3.7.2012, has been registered against the petitioner. As a matter of fact, the registration of the FIR has been followed by the prosecution filing a chargesheet in the matter, on 17.02.2014. BR BR Writ petition at this juncture is ....... + More


    In Re : UCO Bank

    Condonation of delay - Rejection of Financial Creditors claim by the Liquidator as per an order of rejection by way of an Electronic Mail - whether the adjudicating authority can condone the delay and direct the liquidator to reconsider the claim on its merits? - Held that - On reading of Rules 177 and 178, of the Companies (Court) Rules, 1959 and reading section 40(1) of the Code, it appears that one more opportunity can be allowed to the claima....... + More


    Hero Steels Ltd. Versus Rolex Cycles (P.) Ltd.

    Order of liquidation - period of 180 days for completion of the resolution process as provided under Section 12 (1) of IBC expired - Held that - Admittedly the period of 180 days for completion of the resolution process as provided under Section 12 (1) of the Insolvency and Bankruptcy Code, 2016 expired on 08.01.2018. While monitoring the progress reports submitted by the Resolution Professional, Registrar of this Tribunal put up a note that the ....... + More


    Idemitsu Lube India Private Limited Versus AS Autotech Private Limited

    Initiation of Corporate Insolvency process - prior notice under Section 8 of the Code - Held that - In view of the statutory provisions of the Code and settled precedents a prior notice under Section 8 of the Code is mandatory before filing of an application under Section 9 of the Code. In the present case admittedly after withdrawal of the earlier application no notice under Section 8 has been issued. It is also relevant to note here that non-is....... + More


    M/s. Mussadi Lal Kishan Lal Versus Ram Dev International Ltd.

    Corporate insolvency process - existence of operational debt - failure to make payment against procurement of paddy - Held that - As per the invoices issued by the Operational Creditor with regard to supply of paddy to the Operational Debtor it is proved beyond doubt that goods in terms of Section 5(21) of the Code were procured by the Operational Debtor from the Operational Creditor on various occasions. It is patent from a perusal of the VAT D-....... + More


    M/s Hajura Singh Bhim Singh Versus M/s Best Foods Limited

    Corporate insolvency process - existence of operational debt - failure to make payment against procurement of paddy - The petitioner- operational creditor is a commission agent and a middleman who used to procure the paddy from farmers to be supplied as per the demand in the open auction. - Held that - As already observed in this case, the respondent had been making regular payments of the interest as well as the principal to the petitioner-opera....... + More


    Mahendra Trading Co. And Mr. Mahendra Bajoria, Mr. Pratyush Bajoria And Mr. Laxmi Bajoria Versus Hindustan Controls And Equipment Private Limited

    Initiation of corporate insolvency process - Whether failure to send reply to the demand notice received by one of the directors of the Corporate Debtor is fatal? - Held that - Petitioner s firm has some control over the respondent through 3rd petitioner and it has come out in evidence that petitioner s firm is a party to the MOU above referred. It is a circumstance doubting the contact of Mr. Samrat Gupta who has got intimate friendship with the....... + More


    Sh. Neeraj Bhatia Versus Davinder Ahluwalia, Mrs. Mamta Ahluwalia And M/s. Summit Aviation Pvt. Ltd.

    Corporate insolvency proceedings - contesting respondents eligibility as Financial Creditor - liability of the guarantee in the books of corporate debtor is in the name of the daughter - Held that - The amount of ₹ 29,97,000/-, is claimed to have been paid by the contesting respondents either to Captain V. K. Adukia or Captain Rajeev Chauhan or the Punjab National Bank. There is nothing on record to suggest that the amount has been disburse....... + More


    Anil Goel Versus M/s. REI Agro Limited

    Corporate Insolvency Resolution Process - secured creditors right to deal with the secured assets - Held that - In the instant application, the Insolvency Resolution Process is completed and a Liquidator has been appointed and the Corporate Debtor is undergoing the liquidation process. Therefore, the question of secured creditors right to deal with the secured assets, cannot be questioned by the Liquidator on account of application of moratorium,....... + More


    Nitin Hasmukhlal Parikh (Diamond Power Transformers Ltd.) Versus Madhya Gujarat Vij Company Ltd. And Ors.

    Respondent entitlement to invoke Bank Guarantees during moratorium period - Whether Performance Guarantee is a Security Interest or not? - Whether supply of power to Corporate Debtor can be restated? - Held that - The moratorium imposed is only in respect of the properties of the Corporate Debtor. The moratorium order clearly says that any Security Interest created by the Corporate Debtor cannot be enforced in respect of the property of the Corpo....... + More


    Mr. V. Nagarajan Resolution Professional in respect of M/s. Cethar Ltd. Versus M/s. Meenakshi Energy Ltd.

    Production of the certificates on completion of the project - Violation of order of Moratorium - Insolvency Resolution Process - Held that - Having heard learned counsel for the parties, we are of the opinion that the handing over or showing any document to any party will not amount to violation of order of Moratorium . BR BR In view of such observation, learned counsel for the Resolution Professional sought permission to withdraw this appeal. Pr....... + More


    State Bank of India Versus Bhushan Steel Limited

    Corporate Insolvency Resolution Process - Held that - This petition is admitted. Mr. Vijay Kumar V Iyer who is duly registered with the Insolvency and Bankruptcy Board of India is appointed as an Interim Resolution Professional. He has also filed his certificate of registration with the IBBI along with his written communication dated 29.06.2017. The disclosure has also been made in the letter dated 29.06.2017. We have also found his latest regist....... + More

  1. 2018 (3) TMI 1060 - CESTAT MUMBAI

    Commissioner of Central Excise & Customs, Aurangabad Versus Abhay Cotex Pvt Ltd

    Rejection of VCES Scheme - learned Commissioner (Appeals) held that the letter dated 8th February 2013 by the Range Superintendent is not an enquiry or an investigation for the purpose of Section 106(2) of the Voluntary Compliance Encouragement Scheme 2013, and thus the respondent is eligible for VCE Scheme, 2013 - invocation of proviso to Section 106(2) (iii) of VCES Act, 2013 - whether the issuance of letter dated 08/02/2013 by the Range Superi....... + More

  2. 2018 (3) TMI 1059 - CESTAT MUMBAI

    M/s Elephants Lashing Versus Commissioner of CE & ST, Raigad

    Business Auxiliary services - appellant contends that despite depositing the tax amount during investigation they challenge the taxability as they do not provide any taxable service - Held that - the Port Trust has engaged the services of the appellant and that appellant is in receipt of consideration from the Port Trust. In these circumstances, the existence of third party in transaction, which is a necessary element for coverage u/s 65 (105) (z....... + More

  3. 2018 (3) TMI 1058 - CESTAT MUMBAI

    CMI Industry Automation Pvt Ltd Versus Commissioner of Service Tax –II, Mumbai

    Maintainability of appeal - delay in filing appeal - time limitation - Held that - It is apparent that there is no lapse on the part of the appellant. Nevertheless, the law prescribes that appeal should be filed within a period of two months from the date of receipt of the order that is impugned and that a delay of thirty days beyond that is condonable at the discretion of the appellate authority. As the appellant was led to believe that there wa....... + More

  4. 2018 (3) TMI 1012 - SUPREME COURT

    N.V. Marketing Pvt. Ltd. Versus CST, Delhi

    Interim stay on the payment of the disputed tax liability - the decision in the case of M/s N.V. Marketing Pvt. Ltd. Versus CST, Delhi 2017 (11) TMI 1406 - CESTAT NEW DELHI contested upon - Held that - there will be interim stay on the payment of the disputed tax liability subject to the condition that the appellant gives a bank guarantee for the amount of the disputed liability........ + More

  5. 2018 (3) TMI 1011 - CESTAT NEW DELHI

    C.S.T. -Service Tax – Delhi Versus M/s Indian Institute of Planning & Management

    Interpretation of statute - commercial training or coaching services - it was alleged that since the training courses conducted by IIPM do not result in award of any certificate/ Diploma/ Degree or any other educational qualification recognized by the law being in force, the activity will fall under the category of Section 65 (105) (zzc) of the Act and is a taxable service liable to payment of Service Tax - Held that - there is no scope to exclud....... + More

  6. 2018 (3) TMI 1010 - CESTAT CHENNAI

    Commissioner of Central Excise, Puducherry Versus M/s. Lanco Tanjore Power Co. Ltd., M/s. Senthil Constructions

    Construction of residential complex - whether construction of residential complex will come within the definition of personal use figuring in the Explanation under section 65(91a) of the Finance Act, 1994? - Held that - It is evident from the facts of the case that M/s.Lanco has engaged the assessee with the specific purpose of construction of such residential units which are meant for personal use of the employees of M/s. Lanco. BR BR The statut....... + More

  7. 2018 (3) TMI 1009 - CESTAT CHANDIGARH

    M/s Addidas India Marketing Pvt. Ltd. Versus CCE, LTU Delhi

    Business Auxiliary Service - reverse charge mechanism - demand on the premise that the appellant did not get registered themselves under the Business Auxiliary Service by issuance of the show cause notice dated 24.04.2009 by invoking extended period of limitation - Held that - the Hon ble High Court observed in the case of Indian National Shipowners Association V. Union of India 2008 (12) TMI 41 - BOMBAY HIGH COURT , that the extended period of l....... + More

  8. 2018 (3) TMI 1008 - CESTAT CHANDIGARH

    M/s Higrow Industries Versus C.S.T., Delhi-IV (Audit-II)

    CENVAT credit - capital goods not sold as scrap - Held that - These documents are undoubtedly relevant to arrive at proper conclusion on this issue and, therefore, need to be examined first by Ld. Commissioner (Appeals). Besides, the findings of the Commissioner (Appeals) are very terse and restricted to simply endorsing the order of the adjudicating authority without giving any kind of analysis on the submissions of the appellant made before him....... + More

  9. 2018 (3) TMI 1007 - CESTAT CHENNAI

    Bharat Sanchar Nigam Ltd. Versus CCE Madurai And Vice-Versa

    Valuation - inclusion of amount of discount given to PCO operators - whether the assessee has to discharge service tax on the entire amount collected by the PCO operator from the PCO user (customer)? - Held that - Prior to 1.6.2008, the appellant BSNL was discharging service tax on the basis of metered calls of the PCO recorded in the exchange. Thus PCO operators were allowed to charge Re.1 per MCU and this Re.1 comprised of Re.0.11 towards servi....... + More

  10. 2018 (3) TMI 1006 - CESTAT CHANDIGARH

    Commissioner of Central Excise & ST, LTU, Delhi Versus M/s. Xerox India Limited And Vice-Versa

    Classification of services - Maintenance and Repair services - Business Support Service - Business Auxiliary Service - Whether the activity undertaken by M/s. Xerox for various contracts for Maintenance and Repairs do qualify as Maintenance or Repair Service, or not? - Held that - It is a fact that appellant is engaged in the activity of Maintenance and Repair of equipments supplied by them under various contracts. M/s. Xerox is required to repla....... + More

  11. 2018 (3) TMI 1005 - CESTAT CHENNAI

    A. Malathy, Proprietrix of Arun Enterprises Versus Commissioner of Central Excise, Chennai

    Man power recruitment or supply agency services or not - whether the activity of bagging and shipping work executed by the appellant as per the contract for bagging and shipping amounts to supply of man power or not? - Held that - The scope of the work is to execute bins filing, bagging, stitching, handling and dispatch of finished product on round the clock basis. The rates are fixed on tonnage basis. Thus it is seen from the contract that the w....... + More

  12. 2018 (3) TMI 1004 - CESTAT AHMEDABAD

    Radhekrushna Construction, Shri Krishna Construction Versus Commissioner of Central Excise-Ahmedabad

    Refund claim - sub-contractor - whether the appellants being sub-contractors are entitled to refund of service tax paid on Construction Services used in the construction of the building for institute of Kidney Disease & Research Center, when the original contract awarded to the main contractor, M/s Malini Constructions? BR BR Held that - both the sub-contractor as well as the main contractor engaged in providing works contract service during ....... + More

  13. 2018 (3) TMI 1003 - CESTAT AHMEDABAD

    Commissioner, Service Tax Versus M/s Veeda Clinical Research Pvt Ltd

    CENVAT credit - input services - Catering Charges - Insurance Premium on employees - Insurance charges on Vehicles - Brokerage charges paid for arranging residential premises for employees. BR BR Canteen services provided to the patients during the course of clinical test on them - Held that - it has direct nexus with the output services of clinical test service provided by the respondent, accordingly, eligible to credit as the same does not fall....... + More

  14. 2018 (3) TMI 1002 - CESTAT AHMEDABAD

    M/s Venus Laminations Pvt. Ltd. Versus Commissioner of Customs, Central Excise And Service Tax, - Daman

    Renting of Immovable Property Service - non-payment of service tax - time limitation - whether the demand of service tax raised for non-payment of tax on Renting of Immovable Property Service during the period 2007-2008 is barred by limitation? - Held that - There is no dispute of the fact that by virtue of retrospective legislation viz. Sec. 77 of Finance Act,2010 service tax on Renting of Immovable Property Service has been validated to be paya....... + More

  15. 2018 (3) TMI 1001 - CESTAT, BANGALORE

    North West Karnataka Transport Corporation Versus Commissioner Of Central Excise And Service Tax Mangalore And Belgaum

    Rent-a-cab Scheme Operator Service - non-payment of service tax - Held that - the issue involved in the present appeals already stands decided by the Tribunal. In the case of BMTC vs. CST 2015 (2) TMI 100 - CESTAT BANGALORE , where it was held that Apparently BMTC cannot be considered to be a person engaged in renting of cab service at all. The business undertaken by BMTC is to provide bus facility/transport facility to the citizens of Bangalore ....... + More


    M/s Asianlak Health Foods Ltd. Versus Union of India and others

    Rejection of application for Settlement Commission - maintainability of petition - section 32(O)(1)(i) of the Central Excise Act, 1944 - The Customs and Central Excise Settlement Commission by the impugned order dated 23. 12. 2015 rejected the application holding that it had no jurisdiction to entertain the application as it was barred under section 32(O)(1)(i) of the 1944 Act. BR BR Held that - It is not necessary to consider whether it can be s....... + More

  2. 2018 (3) TMI 1056 - RAJASTHAN HIGH COURT

    Commissioner of Central Excise, Jaipur Versus Mr. Arun Jain, Director, Vardhman Polymers (P) Ltd., Tara Chand Naresh Chand

    Clandestine removal - Penalty - Admissibility of statement - Whether the Tribunal was correct in allowing the appeals of the assessee, solely by holding that there is no Sufficient corroborative evidence to statement tendered by partner of assessee, even when Statement tendered by Central Excise Officer is admissible before court of law as piece of evidence and thereby deleting the penalty of ₹ 2,00,000/-? BR BR Held that - the controversy ....... + More

  3. 2018 (3) TMI 1055 - RAJASTHAN HIGH COURT

    Commissioner of Central Goods And Service Tax Central Excise Versus Bhoorathanam Construction Co. (P) Ltd.

    Clearance of MS Specials to the water supply projects - benefit of N/N. 47/2002-CE dated 06.09.2002 & N/N. 6/2006-CE dated 01.03.2006 - Whether the ld. CESTAT was right in law in setting aside the demand determined on the basis of non-fulfillment of the conditions of exemption Notification No.47/2002-CE dated 06.09.2002 & Notification No.6/2006-CE dated 01.03.2006 for the clearance of finished goods i.e. MS Specials to the water supply pr....... + More

  4. 2018 (3) TMI 1054 - CESTAT AHMEDABAD

    M/s Pukar Tobacco Processors And Packers Versus C.C.E. & S.T. -Rajkot

    Abatement - closure of the factory from 10.12.2015 to 31.12.2015 - Rule 10 of the Chewing Tobacco and unmanufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) - Held that - in the event the factory did not produce the notified goods for a continuous period of 15 days or more, the duty calculated on proportionate basis, shall be abated provided the manufacture of such goods files intimation to this effect to the Dept....... + More

  5. 2018 (3) TMI 1053 - CESTAT MUMBAI

    Cosme Pharma Ltd. Versus Commissioner of Central Excise, Goa.

    Valuation - physician samples which are distributed free as part of marketing strategy, or as a gift or donation to doctors - applicability of Rule 11 of the Central Excise (Valuation) Rules - appellants are seeking to apply Rule 11 read with Rule 8 whereas Revenue is seeking to apply Rule 11 read with Rule 4 of the Central Excise Rules - Held that - it is seen that the physician samples are not sold by the appellants but are cleared free cost. I....... + More

  6. 2018 (3) TMI 1052 - CESTAT AHMEDABAD

    M/s Yazaki India Pvt. Ltd. Versus C.C.E. Ahmedabad

    CENVAT credit - input services - outdoor catering service - Employees transport service - Hotel stay charges and travel agent charges - Construction service - Held that - service tax paid on outdoor catering service (canteen service), extended to the employees is eligible to credit in view of the judgment of the Hon ble Gujarat High Court in Ferromatik Milacron India Ltd. s case 2010 (4) TMI 649 - GUJARAT HIGH COURT - credit allowed. BR BR Employ....... + More

  7. 2018 (3) TMI 1051 - CESTAT MUMBAI

    M/s. Flomatic Engineers Versus Commissioner of Central Excise, Mumbai-V

    Valuation - includibility - notional interest - whether the notional interest on the advance deposit collected by the appellant against the supply of goods is includible in the assessable value of the final product or otherwise? - Held that - there is no dispute in the fact that the goods supplied by the appellant are not uniform/standard, every machine is a tailor made machine. Therefore if the advance deposit is not collected and at the time of....... + More

  8. 2018 (3) TMI 1050 - CESTAT MUMBAI

    Commissioner of Central Excise, Thane-I Versus M/s Krishna Processors & Industries Pvt. Ltd.

    Transfer of the unutilized accumulated CENVAT Credit - Rule 10 of the CCR - Held that - Rule 10 permitted the assessee to transfer the available credit along with inputs and capital goods in stock at the factory at a new location. There is no requirement under the rule that the assessee can transfer credit corresponding to the availability of quantum of inputs - transfer of credit allowed - appeal dismissed - decided against Revenue........ + More

  9. 2018 (3) TMI 1049 - CESTAT MUMBAI

    Commissioner of Central Excise, Aurangabad Versus M/s Regent Steels Pvt. Ltd.

    CENVAT credit - issuance of invoices without receipt of inputs - fake invoices - Held that - identical issue has been considered by the Hon ble High Court of Allahabad in the case of Commissioner of Central Excise & Service Tax Vs. Juhi Alloys Ltd. 2014 (1) TMI 1475 - ALLAHABAD HIGH COURT . It stands observed by the Hon ble High Court that in the absence of any alternate source of procurement of raw materials, Revenue s case of non-receipt of....... + More

  10. 2018 (3) TMI 1048 - CESTAT MUMBAI

    M/s. Voss Exotech Automotive Pvt. Ltd. Versus Commissioner of Central Excise, Pune-I

    CENVAT credit - time limit - The case of the department is that as per N/N. 21/2014-CE (NT) dt.11.7.2014, the six months period prescribed for taking credit from the date of issue of invoices. Therefore the credit taken in the present case is after six months from the date of invoices issued in the month of March and April 2014. BR BR Held that - As per the facts of the case credit was taken in respect of the invoices issued in the month of March....... + More

  11. 2018 (3) TMI 1047 - CESTAT MUMBAI

    RG Afre Versus Commissioner of Central Excise, Thane – I

    Employee of 100 EOU - signing the documents of 100 EOU which indulged in mis-using the EOU scheme and diversion of the goods in domestic market - Held that - the appellant is merely an employee and the issue on merits in respect of the company involved is of various provisions of 100 EOU and interpretation of overall EOU. It cannot be expected from an employee of the company to understand the entire provisions of EOU - penalty of 1 lakhs imposed ....... + More

  12. 2018 (3) TMI 1046 - CESTAT MUMBAI

    M/s Aplab Ltd. Versus CCE, Mumbai

    Interest on delayed payment of duty - penalty u/r 25 of CER - clearance of goods to Depot - Held that - this is not the case of demand of duty evaded by the appellant. As per the fact, due to sale through depot/consignment agency there arising differential duty which the appellant suo motu paid - This is a case of at the most of delay of payment of duty, accordingly only interest is chargeable therefore the demand of interest is upheld - penalty ....... + More

  13. 2018 (3) TMI 1045 - CESTAT AHMEDABAD

    Maxim Adhesive Tapes Pvt Ltd., Vijaykant Deora, Sitaram Saini Versus CCE. & ST -Daman

    Time limitation - CENVAT credit - duty paying documents - credit availed on the basis of dealer s invoices issued by one M/s Alakh Poly films - Held that - It is on records that main appellant had during relevant period had filed monthly returns to the jurisdictional authorities also no query were raised - This filing of returns being undisputed, the decision in the case of Prayagraj Dyeing & Printing Mills Pvt. Ltd 2013 (5) TMI 705 - GUJARAT....... + More

  14. 2018 (3) TMI 993 - SUPREME COURT

    Commissioner of Central Excise, Belgaum Versus M/s. Vasavadatta Cements Ltd.

    CENVAT credit - Input service - GTA - goods transport agency service availed for transport of goods from the place of removal to depots or the buyers premises - interpretation of statute - input service which is defined in Rule 2(l) of the CENVAT Credit Rules, 2004 - Held that - the expression used in the aforesaid Rule is from the place of removal . It has to be from the place of removal upto a certain point. Therefore, tax paid on the transport....... + More

  15. 2018 (3) TMI 992 - CESTAT NEW DELHI

    Marwar Art Exports Versus CCE, Jaipur

    Extended period of limitation - the appellant mainly contended that in absence of suppression, misstatement, fraud etc, the extended period of limitation cannot be invoked, for confirmation of the duty demand - Held that - the process of debonding initiated by the appellant was known to the Department on 26/12/2007 and upon satisfaction that the appellant deserved for debonding of its unit, the Authorities have recommended positively for issuance....... + More

  1. 2018 (3) TMI 1044 - MADRAS HIGH COURT

    The State of Tamilnadu Versus M/s. Forward Shoes Pvt. Ltd., M/s. ITC Ltd.

    Levy of turnover tax - export sale - purchases of raw materials, against Form XVII - concessional rate of tax - violation of Section 3(4) of the Tamil Nadu General Sales Tax Act, 1959 - Held that - reliance placed in the decision in the case of Tube Investments of India Ltd. (Formerly known as M/s. TI Diamond Chain Ltd.) Versus The State of Tamil Nadu, represented by the Commercial Tax Officer 2010 (10) TMI 938 - MADRAS HIGH COURT , where it was ....... + More

  2. 2018 (3) TMI 1043 - MADRAS HIGH COURT

    M/s. Santhosh Agencies Versus The Commercial Tax officer

    Issuance of C declaration Forms - pending government dues - unlocking the facility in the corresponding tax payer identification number and the general sales tax number - Penalty u/s 18(3) of the said Act - Held that - the writ petition is disposed of by directing the respondent to release the C Form declarations, to which, the petitioner is eligible - Simultaneously, there will be a direction to the Puducherry Value Added Tax Act Appellate Tribu....... + More

  3. 2018 (3) TMI 1042 - MADRAS HIGH COURT

    M/s. Ruchi Metals Versus The Commercial Tax Officer

    Validity of assessment order - TNGST Act - The impugned order appears to be a very reasoned order, but however, on a closer scrutiny, it is seen that upto paragraph-7, the assessing officer has verbatim repeated the proposal in the notice dated 04.04.2005, extracted the entire explanation given by the petitioner, and the finding rendered by the respondent is only in paragraph-8, that too a single line - Held that - the stand taken in the impugned....... + More

  4. 2018 (3) TMI 979 - KERALA HIGH COURT

    Binu Gopinath Versus State of Kerala Represented By The Secretary, Thiruvananthapuram, Deputy Commissioner Commercial Taxes Department, Ernakulam And Commercial Tax Officer Kvat Circle I, Kalamassery, Ernakulam

    Assessment of escaped turnover - Time limitation - whether the provisions contained in sub-section (1) of Section 25 of the Act as amended from 01.04.2017, could be availed of by the competent authority for assessing the escaped turnover of the dealers under the Act for the year 2011-12? - Held that - prior to the Finance Act, 2017, the time limit prescribed for initiating proceedings for assessing the escaped turnover of a dealer under sub-secti....... + More

  5. 2018 (3) TMI 978 - KERALA HIGH COURT

    M/s. Yogesh Trading Company Versus The Assistant Commissioner, State Goods & Service Tax Department, Kasaragod, State of Kerala, Thiruvananthapuram, The Kerala Agricultural Income Tax And Sales Tax Appellate Tribunal And The Intelligence Officer (IB) -II, Thiruvananthapuram

    Validity of assessment order - smuggling - the challenge against Exts.P1 and P2 notices is on the ground that the same are issued without complying with the directions issued by the Appellate Tribunal in Ext.P3 order and this Court in Ext.P8 judgment. BR BR Held that - Since it was contended by the petitioner in the appeals and second appeals preferred against the assessment orders that proper enquiry was not conducted by the competent authority ....... + More

  6. 2018 (3) TMI 977 - MADRAS HIGH COURT

    M/s. Pooja Marbles Versus The Assistant Commissioner (CT)

    Penalty u/s 40(2) of the TNVAT Act - TDS amount recovered and remitted by the contractee - adjustment of TDS towards penalty - Held that - when the assessment proceedings were made, the petitioner was able to convince that the Assessing Officer by records that the transaction done by the petitioner is entitled for exemption which plea was accepted and assessment was completed. Therefore, the respondent could not have levied penalty at the first i....... + More

  7. 2018 (3) TMI 976 - MADRAS HIGH COURT

    M/s. Sri Shanmuga Prime Tannery Versus The State of Tamil Nadu

    Penultimate sale - whether the purchased goods and the exported goods are one and the same for the purpose of claiming penultimate sale exemption under Section 5(3) of the Central Sales Tax Act? - Held that - a constitution Bench of the Apex Court, in the case of State of Karnataka Versus Azad Coach Builders Pvt. Ltd. and another 2010 (9) TMI 879 - SUPREME COURT OF INDIA has held that When the transaction between the assessee and the exporter and....... + More

  8. 2018 (3) TMI 975 - MADRAS HIGH COURT

    Bay Forge Ltd. Versus The Deputy Commissioner, Office of Commercial Tax Office, The Commercial Tax Officer

    Sale of property for recovery of sales tax arrears - by virtue of the impugned notice, the first respondent seeks to proceed against the immovable property owned by the defaulting Company for recovery of the sales tax dues - Held that - The property, having been sold by the Official Liquidator pursuant to the order passed in Winding Up proceedings and the sale, having been held pursuant to the orders by this Court, proper remedy available for the....... + More

  9. 2018 (3) TMI 908 - KERALA HIGH COURT

    I.K Muneer, Proprietor, M/s Plastoware Traders Versus The Commercial Tax Officer Third Circle, Kollam, The Intelligence Officer, The Deputy Commissioner, Commercial Taxes And State Bank Of Travancore, Anandavalleswaram, Kollam,

    Compounding of offences - section 74 of the Kerala Value Added Tax Act, 2003 - Petitioner challenges the assessment order inter alia contending that it was based on a compounding order which is patently illegal - Held that - when an assessee exercises the option u/s 74 (1) of the Act, he virtually agrees to the turnover suppression and the irregularity in maintaining true and correct accounts - even without going into the so called conflict of op....... + More

  10. 2018 (3) TMI 907 - KERALA HIGH COURT

    M/s. P.V.M. Traders Versus State Tax Officer, Goods And Services Tax Department, Ponnani And Deputy Commissioner of State Tax, Malappuram

    Suo motu power of revision to the Deputy Commissioner - transfer of goods otherwise than by way of sale - sub-section (2) of Section 9 of the CST Act - Held that - the suo motu power conferred on the Deputy Commissioner under Section 35 of the KGST Act could be availed in respect of assessments made under the CST Act in the light of subsection (2) of Section 9 of the CST Act - petition dismissed - decided against petitioner........ + More

  11. 2018 (3) TMI 906 - MADRAS HIGH COURT

    Dr. Reddy's Laboratories Versus The State of Tamil Nadu

    Jurisdiction of Tribunal - Whether the Hon ble Sales Tax Appellate Authority, committed an error of law in not entertaining the appeal filed by the petitioners under Section 58 of the TNVAT Act, 2006 and wrongly applying the Third Proviso to Section 58(1) which would apply only when the remand made by the first appellate authority was for fresh assessment and not when the remand was coupled with directions and adverse findings? BR BR Whether the ....... + More

  12. 2018 (3) TMI 905 - MADRAS HIGH COURT

    The State of Tamil Nadu Versus Celony Hardwares

    Filing of returns - Section 3(4) of the TNVAT Act 2006 - according to the department, the assessee is not eligible to file returns in Form-K under Section 3(4) of the TNVAT Act 2006 - Held that - in the case on hand, when the total and taxable turnover, has exceeded ₹ 50 Lakhs, the dealer ought to have filed the returns in Form-I, instead of Form K. BR BR Factum of inadvertently reporting the turnover, exceeding ₹ 50 Lakhs, has been c....... + More

  13. 2018 (3) TMI 904 - MADRAS HIGH COURT

    M/s. Delphi Automative Sytems P Ltd Versus The Assistant Commissioner (CT)

    Maintainability of petition - reversal of input tax credit - principles of natural justice - instant writ appeal has been filed on the grounds that the writ court has ignored the settled law that the inter-state and import purchases are not taxable under the Act, which is also not disputed by the respondent - Circular No.7/2014 dated 03.02.2014. BR BR Held that - reliance placed in the decision in the case of SRC Projects Private Limited Versus C....... + More

  14. 2018 (3) TMI 819 - MADRAS HIGH COURT

    M/s. Ergomaxx (India) Private Limited Versus The State of Tamil Nadu

    Reversal of input tax credit - assessment of escaped turnover - CST Act, 1956 - Penalty u/s 27(4) of the Act - Held that - when exercise of reassessment, was resorted, under Section 27 of the Tamil Nadu VAT, 2006, the petitioner had already paid the tax and thus, there was no redetermination of tax, after making an enquiry, as contemplated under sub-Section 1 of Section 27 of the Tamil Nadu VAT Act, 2006 - the tax has been paid, even before the r....... + More

  15. 2018 (3) TMI 818 - MADRAS HIGH COURT

    The State of Tamil Nadu Versus Kumaran Packaging Industries

    Levy of tax on purchase of goods - the Assessing Authority found that the dealer has exported finished goods after using raw materials purchased against Form XVII and therefore, the Assessing Authority levied tax under Section 3(4) of the TNGST Act on a turnover of ₹ 1,06,000/- at the rate of 1 - Held that - Following the decision of this Court in Tube Investment of India Ltd., v. State of Tamil Nadu 2010 (10) TMI 938 - MADRAS HIGH COURT , ....... + More

  1. 2018 (3) TMI 1064 - SUPREME COURT OF INDIA

    The State of Karnataka & Ors. Versus The Karnataka Pawn Brokers Assn. & Ors.

    Constitutional validity of amendments made to the Karnataka Money Lenders Act, 1961 and the Karnataka Pawn Brokers Act, 1961 in the year 1998 providing that the security deposit furnished by the money lenders and pawn brokers in terms of Sections 7-A and 4-A of the Acts respectively shall not carry interest. BR BR What is the scope, ambit and effect of the judgment of the Karnataka High Court in Manakchand Motilal s case 1991 (3) TMI 395 - SUPREM....... + More

  2. 2018 (3) TMI 1063 - DELHI HIGH COURT

    Shreeji Overseas India Pvt. Ltd. Versus PEC Ltd.

    Delay in filing appeal - time limitation - Exemption from payment of court fee - whether the delay of 3 years and 192 days, in filing the appeal, ought to be condoned, or not? - Held that - Not for nothing is the statute of limitation referred to as a statute of repose. Limitation, it is trite, does not eviscerate the right; it merely extinguishes the remedy. It serves to sheath the sword of Damocles and is, as such, imperative and unrelenting. S....... + More

  3. 2018 (3) TMI 1062 - DELHI HIGH COURT

    Girdhari Lal & Ors. Versus Compact Pack Moulder P. Ltd.

    Interest on repayment of loan - appellant submits that the impugned order is erroneous because it directs private individuals/directors for repayment of loan taken by respondent no. 2 which is a corporate entity - Held that - the appellants were directed to deposit an amount of ₹ 85 lacs within 30 days failing which the defence shall stand struck off. While, it is not in dispute that the loan was taken by the corporate entity/respondent no........ + More

  4. 2018 (3) TMI 1061 - PATNA HIGH COURT

    Reckitt Benckiser (India) Pvt. Ltd., Mr. Rajesh Kumar Jha And Mr. Amrit Bangur Versus The State of Bihar, The State of Bihar, through its Principal Secretary, Department of Food and Consumer Protection, Government of Bihar And The Food Inspector, Patna

    Vicariously liability - Misbranding in terms of Section 2(ix)(j)&(k) of the Act - Cognizance of the offence - offence u/s 16(1)(A) of the Prohibition of Food Adulteration Act, 1954 - it was alleged that that label on the Barley Powder Can does not bear best before date , which is required under the Rules 32(1) of the Prohibition of Food Adulteration Rules, 1955. BR BR Held that - the Court finds that Cans of Purity Indian Barley were taken from t....... + More

  5. 2018 (3) TMI 932 - SUPREME COURT OF INDIA

    ITC Limited Versus Blue Coast Hotels Ltd. & Ors.

    Right of secured creditor - default in the repayment of the outstanding amount - agriculture property - right of creditor after Public Auction and sale of property - right to transfer the property in favor of auction purchaser instead of taking the physical possession first - whether the Parliament intended for a total invalidity to result from the failure to reply and give reasons for the non-acceptance of the borrower s representation - whether....... + More

  6. 2018 (3) TMI 867 - SUPREME COURT

    Danamma @ Suman Surpur & Another Versus Amar & Others

    Partition of Hindu Joint Family (HUF) - Right of Daughters as Coparceners in the Joint Family - case against the appellants were that appellants herein were not the coparceners in the said joint family as they were born prior to the enactment of Hindu Succession Act, 1956. It was also pleaded that they were married daughters and at the time of their marriage they had received gold and money and had, hence, relinquished their share - appellants he....... + More

  7. 2018 (3) TMI 866 - ORISSA HIGH COURT

    Ramakrushna Sahu, Trilochan Sahu, Subash Mahapatra @ Subash Ch. Mahapatra, Firoz Alli Khan @ Bulu, Kailash Chandra Panda Versus State of Orissa

    Smuggling - transportation of contraband ganja - offences punishable under sections 20(b)(ii)(C) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - The defence plea of the appellants is one of denial and it is further pleaded that nothing was seized from their possession and they have been falsely entangled in the case. BR BR Held that - the only material available on record against the appellant Firoz Alli Khan Bulu is the co....... + More

  8. 2018 (3) TMI 865 - MADRAS HIGH COURT

    The Tamil Nadu Industrial Investment Corporation Limited Versus M/s. Virgo Polymer India Limited, The Commissioner of Commercial Taxes, The Deputy Commercial Tax Officer

    Writ of mandamus - mandamus to return the title documents, deposited with it, as Collateral Security, for the loan availed of by the Respondent No.1, albeit, without insistence on payment of sales tax or any other such levy - whether the Respondent No.1 was required to reimburse the sum of ₹ 13,13,075/- along with interest to the appellant herein? BR BR Held that - A plain reading of impugned judgment would show that the appellant had appar....... + More

  9. 2018 (3) TMI 812 - SUPREME COURT OF INDIA

    Board of Control For Cricket In India Versus Kochi Cricket Pvt. Ltd. And Etc.

    Interpretation of statute - Enforcement of award - Where arbitration proceedings have been initiated before amendment to Section 36,whether Section 36, which was substituted by the Amendment Act, would apply in its amended form or in its original form to the appeals in question? - construction of Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015 BR BR Held that - If the first part of Section 26 were couched in positive language....... + More

  10. 2018 (3) TMI 716 - SUPREME COURT OF INDIA

    Bar Council of India Versus A.K. Balaji And Ors.

    Whether foreign law firms/lawyers are permitted to practice in India? BR BR Whether the expression practise the profession of law includes only litigation practice or non-litigation practice also? - Held that - In Pravin C. Shah versus K.A. Mohd. Ali 2001 (10) TMI 1049 - SUPREME COURT OF INDIA , it was observed that right to practice is genus of which right to appear and conduct cases is specie - Ethics of the legal profession apply not only when....... + More

  11. 2018 (3) TMI 715 - DELHI HIGH COURT

    Talluri Srinivas Versus Union of India, Ministry of Corporate Affairs & Anr.

    Validity of order dated 26th July, 2017 - lack of Quorum - Petitioner submits that the Appellate Authority constituted under Section 22A of the Chartered Accountants Act, 1949 must consist of five (5) members - interpretation of Section 22A of the CA Act. BR BR Held that - In the present case no vacancy has arisen which can be filled up as the said fifth member has neither resigned nor has been removed. There is no provision in the enactment to f....... + More

  12. 2018 (3) TMI 714 - DELHI HIGH COURT

    Union of India & Anr. Versus S.K. Verma

    Restoration of validity of orders - respondent s unauthorized absence from duty and his absence from the Head Quarters during the period of his suspension, without prior approval of the competent authority - Disciplinary Authority had formed an opinion that a proper inquiry had not been conducted in this case - grievance of the petitioner/UOI is that the Tribunal erred in holding that in the garb of a further inquiry, a de novo inquiry had been o....... + More

  13. 2018 (3) TMI 713 - DELHI HIGH COURT

    Vijay Kumar Gupta Versus Director (Discipline) , Institute of Chartered Accountants of India (ICAI) And Anr.

    Information within the meaning of Rule 7 of the Chartered Accountants (Procedure of Investigation of Professional and other Misconduct and Conduct of Cases) Rules, 2007 - Scope of SCN - case of petitioner is that petitioner cannot be asked to file a written statement in respect of his involvement under the aforesaid provisions as it is beyond the purview of the SCN - Held that - Considering the nature of the allegations levelled against petitione....... + More

  14. 2018 (3) TMI 643 - SUPREME COURT OF INDIA

    Kudrat Sandhu Versus Union of India And ANR.

    Selection process - selection of Chairpersons and the Judicial/Administrative/Technical/Expert Members for all tribunals - Held that - All appointments to be made in pursuance to the selection made by the interim Search-cum-Selection Committee shall abide by the conditions of service as per the old Acts and the Rules - all the selections made by the aforementioned interim selection committee and the consequential appointment of all the selectees ....... + More

  15. 2018 (3) TMI 642 - DELHI HIGH COURT

    Aparna Sharma & Ors. Versus Sidhartha Sharma & Anr.

    Applicability of Prohibition of Benami Property Transactions Act, 1988 - trial court has rejected the counter claim on account of the same being barred by Section 4 of the Benami Transactions (Prohibition) Act, 1988 - with effect from 1.11.2016 the Benami Transactions (Prohibition) Act, 1988 was amended and the new Act is now called as the Prohibition of Benami Property Transactions Act, 1988 - it was contended that Since the new Act has now beco....... + More



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