Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Forum Articles Highlights TMI Notes SMS News What's New Calendar Imp. Links Database More...
Extracts
Home List
← Previous Next →

Videocon Industries Limited Versus Union of India

Dated:- 10-9-2007 - B. K. Sharma, J. JUDGEMENT B. K. Sharma, J. Heard Mr. R. D. Soni, learned counsel along with Mr. S. Sarma, learned counsel for the petitioner. Also heard Mr. D. Das, learned Central Government Standing Counsel representing the respondents. Perused the materials on record. The petitioner, a Public Limited Company incorporated under the Companies Act, 1956, has invoked the writ jurisdiction of this Court assailing the legality and validity of the investigation initiated against .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

espect of an enquiry being conducted for evasion of service tax/contravention of Chapter- V and VA of the Finance Act, 1994 and the Rules framed there under. The petitioner has also challenged the Annexures-8, 10 and 13 letters issued by the authority to it as replies to the queries and questions raised by the petitioner upon receipt of the summons. For a ready reference, one of the summons dated 14.12.2006 (Annexure-4 to the writ petition) and one of the letters dated 2.3.2007 issued by way of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ction 14 of the Central Excise Act, 1944. It was pointed out in the letter that the summons were issued not only for personal appearance, but also for submission of records and documents for the period in question and the failure on the part of the petitioner to produce the same. The purported admission on the part of the petitioner through its consultant about its engagement as Marketing Agent for Sale of Tripura Online Lottery Tickets was also indicated. By the letter, the petitioner was once .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nternational Ltd., for the financial year 2004-05, 2005-06 and 2006-07 (up to November, 2006). iv) Statement showing total amount of sale, total amount of Prize Money disbursed and the total amount of guarantee money paid to the Govt. of Tripura in respect of each draw of 'Tripura Govt. Online Lottery' organized for the period from December, 2004 to November, 2006. v) Details of down-line agents, sub-agents, stockist or sub-distributors appointed for the purpose of running the 'Tripu .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ura Govt. Online Lottery are taxable or not taxable. The objective of investigation is to collect all the relevant facts and documents so as to enable to reach a conclusion either to drop the case or go further. Your non-cooperation in the investigation is not conducive to the proper conduct of the investigation. Therefore, it is requested that the documents listed in this letter be sent without further delay and also to comply with the summons." The petitioner has questioned the jurisdicti .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

marketing of online lottery business, the impugned proceeding is not sustainable in law. THE petitioner has also placed reliance on decision of the Apex Court reported in AIR 1999 SC 22 Whirlpool Corporation Vs. Registrar of Trade Marks. THE further case of the petitioner is that since in respect of another region, similar summons have been withdrawn by the respondents with liberty to issue fresh summons according to law, the impugned summons are also required to be withdrawn by the respondents .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

notification dated 10.2.1999 has empowered all the Central Excise Officers not below the rank of Superintendent of Central Excise to summon persons and hold enquiries, to give evidence, to record statement relating to any proceeding. The decision in Whirlpool Corporation (supra) has been pressed into service so as to contend that the jurisdiction of the High Court in entertaining the writ petition under Article 226 of the Constitution of India in spite of there being alternative statutory remedy .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

any legal foundation. If it is found that the authority has exercised the jurisdiction properly, there is no question of falling back on the proposition relating to jurisdiction of the High Court under Article 226 of the Constitution of India. According to the petitioner, some of the documents mentioned in the impugned summons and the letters dated 28.3.2007 (Annexure-13 to the writ petition) are not available with the petitioner. Learned counsel for the petitioner has submitted that the docume .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t Standing Counsel appearing for the respondents. From the materials on record, what has appeared is that the authorities want to carry out the enquiry relating to evasion of Service Tax/Contravention of Chapter- V and VA of the Finance Act, 1994 and the Rules framed there under. It has been indicated in the summons that the petitioner is in possession of facts and/or documents and/or things which are relevant for the purpose of enquiry. Being empowered by the provisions of the Act, the petition .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ed letters. In fact, by Annexure-14 letter dated 11.4.2007, the petitioner requested the authority at least 15 days time to arrange the required documents. After assuring the authority in that matter, the petitioner invoked the writ jurisdiction of this Court assailing the very authority of the officer who has issued the summons. It is an admitted position that the present enquiry initiated by the D.G.C.E.I. has been approved by the Govermental authority. The petitioner has been given opportunit .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ner is found to be liable for payment of Service Tax on account of services rendered by it to the Government of Tripura in running the online lottery business, show cause notice will be issue to it, in which eventually, the petitioner will get opportunity to substantiate its claim before the adjudicating authority. Even thereafter, if the petitioner is aggrieved by any decision, it will be open for it to prefer appeal before the appellate authority. Although the petitioner has raised technical p .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ding to the petitioner, the enquiry resorted to by the authority is a fishing enquiry without even formation of prima facie opinion. The impugned summons and the letters have been issued for carrying out the enquiry/investigation relating to evasion of Service Tax/Contravention of Chapter- V and VA of the Finance Act, 1994. The matter is only at the investigation stage and to facilitate the same, if the petitioner has been asked to produce the documents and to depose in respect of any relevant a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ed without jurisdiction, the petitioner is bound to respond to the same by making appearance and produce documents which will advance the investigation so as to come to a prima facie finding as to whether there is any evasion of Service Tax/Contravention of Chapter- V and VA of the Finance Act, 1994. Thereafter, the matter will be adjudicated by issuing show cause notice to the petitioner in which eventuality the petitioner will also get ample opportunity to have its say in the matter. Thereafte .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

  ↓     Latest Happening     ↓  

Circular: Certain Clarifications sought on Construction Services provided in the Real Estate Sector reg.

Forum: transfer of shares

Forum: Input tax credit

News: Anti-dumping duty on import of bus/truck tyres from China

News: Fast-track GST refund, else ₹ 65K cr may be stuck: Exporters

Forum: Input credit of gst paid on urd

Forum: 3B mistake

Highlight: It is open to the Settlement Commission to use best judgment in arrival of the figure. Nonetheless it has to explain the manner in which the best judgment figure has been arrived at by the Settlement Commission - HC

Highlight: Deemed dividend u/s 2(22)(e) - advances given to societies - in the absence of legal right of the assessee in the said society the amount advanced cannot be treated as deemed income.

Highlight: When electrical installations are treated as plant and machinery the depreciation has to be allowed @ 25% as per provisions contained u/s 32

Forum: GST return filing software online | Easy GST compliance management

Forum: Excise duty credit on finished stock at additional place of business.

TMI Note: Capital Gain - transfer of right in the land or transfer of land itself - addition u/s 50C - Harassment to the honest tax payers

Highlight: Option to avail composition scheme under GST by electronically filing an intimation in FORM GST CMP-02 and FORM GST ITC-03 upto 30-9-2017 - See Rule 3(3A)

TMI Note: Does ICDS apply for the purposes of computing exemption u/s 11 to 13.

Highlight: Voluntary Reporting of Estimated Current Income and Advance Tax Liability - CBDT issues draft notification

TMI Note: Certain ICDS provisions are inconsistent with judicial precedents. Whether these judicial precedents would prevail over ICDS.

Highlight: Provisions of ICDS shall prevail w.e.f. AY 2017-18 to the transactional issues dealt therein over earlier judicial pronouncements.

Notification: Levy of anti dumping duty on New/unused pneumatic radial tyres with or without tubes and/or flap of rubber (including tubeless tyres) having normal rim dia code above 16 originating in, or exported from China PR

News: Voluntary Reporting of Estimated Current Income and Advance Tax Liability

TMI Note: In case of conflict between ICDS and other specific provisions of the Income-tax rules, 1962 governing taxation of income like rules 9A, 9B etc. of the Rules, which provisions shall prevail.

TMI Note: Does ICDS apply to computation of Minimum Alternate Tax (MAT) u/s 115JB of the Act or Alternate Minimum Tax (AMT) u/s 115JC of the Act.

TMI Note: Where a term has not been defined under ICDS, nor under the Act, but has different interpretations given to it by the courts in tax cases, and in ICAI Accounting Standards, which interpretation would prevail while interpreting ICDS.

TMI Note: Whether the provisions of ICDS apply to a non-resident who claims the benefit of a double taxation avoidance agreement (DTAA).

TMI Note: In case any of the ICDS provisions is contrary to a circular or press release issued by the CBDT, which would prevail over the other.

TMI Note: ICDS-I requires disclosure of significant accounting policies and other ICDS requires specific disclosures. Where is the taxpayer required to make such disclosures specified in ICDS.

Notification: Income Computation and Disclosure Standards (ICDS) - New ICDS to be effective from AY 2017-18

News: RBI Reference Rate for US $

Highlight: GST - Detention of goods under transport - discrepancy in documents - the statutory provisions provide a mechanism for adjudication following detention of goods including for the provisional release thereof pending adjudication - HC

Highlight: Reassessment - first few paragraphs of the assessment order dealt with objections and disposed of accordingly - Unfortunately, the manner in which the AO has decided the issue is wholly unsustainable in law - HC

Highlight: Business expenditure u/s 37 - liquidated damage - breach of contract terms - Expenditure was not incurred for any purpose which is an offence or which is prohibited by law - cannot be disallowed - HC

Highlight: Valuation - inclusion of reimbursement of expenses - managing participation of clients in certain mela, fairs, promotional activities etc. - They are liable to service tax on the gross amount received - They cannot restrict their tax liability to only agency commission

Highlight: TDS liability - ITAT confirmed the liability - We do not see how it is possible for us to uphold the order of the Tribunal and when it purports to decide two Appeals of the Revenue by single paragraph conclusion - HC

Highlight: Reopening of assessment - sufficiency of material available with the AO to form a belief that income chargeable to tax had escaped assessment - bogus purchases - seller refused to respond - notice would not be interfered with - HC

Highlight: Exemption u/s 11 - education activities - transport and hostel facilities surplus cannot be considered as business income of the assessee society

News: Draft Notification for insertion of new rule 39A in the Income-tax Rules, 1962 comments and suggestions-reg.

Highlight: Genuineness of labour wages expenses, embroidery charges, fabrication expenses etc. - getting work done through small workmen who do not have any permanent place of residence - disallowance of ad hoc expenditure deleted.

Highlight: Project import - Since the goods were never used for the purpose for which it was imported, the actual user condition has been violated - Redemption fine and penalty imposed.

Highlight: Penalty u/s 112 (a) - CHA - Lack of due diligence and failure to take more precautions can not, by itself, bring in penal consequences

Highlight: Import of services - GST - The fact that those services were received outside India will not change the fact that the services have been paid for by the beneficiary appellant, who is located in India. - Demand confirmed.

Notification: SEZ for IT/ITES at Madhurwada Village, Visakhapatnam District in the State of Andhra Pradesh - denotified.

Highlight: Merely because payment is received in Indian rupee, it cannot be said that payment against export has not been received in convertible foreign exchange.

Highlight: Merely vehicle numbers was not mentioned on the invoices cannot be the reason to deny Cenvat Credit

Highlight: Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 120A of the Central Goods and Service Tax Rules, 2017 - Circular

Circular: Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 120A of the Central Goods and Service Tax Rules, 2017

News: Auction for Sale (Re-issue) of Government Stocks

Article: TDS APPLICABILITY ON GOVERNMENT CONTRACTS UNDER GST (Under Section 51 of the CGST Act, 2017)

News: Manmohan takes potshots at note ban, 'hasty' rollout of GST

News: GST on petrol, diesel requires wider discussion: Nitish

Article: WHEN CAN ONE TAKE ITC FOR RCM CASES?



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version