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High Court directs ITAT to re-consider issue of allowing depreciation on goodwill
Posted Date : 25-May-2015 , 10:33:00 pm | Posted By: May I Help You.

1. Both these appeals by the assessee arise from a common order of the Income Tax Appellate Tribunal dated 28 February 2014 for assessment years 2005-06 and 2006-07. The following questions of law have been formulated in support of the appeal :— 'A. &nb...

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Category : Income Tax | Comments : 0 | Hits : 7

No invocation of extended period if all facts were disclosed in letter addressed to Deptt. after filing bill of entry
Posted Date : 25-May-2015 , 06:03:58 pm | Posted By: Aarti Sharma

1. The order of the Tribunal, A.S. Moloobhoy & Sons v. Commissioner of Customs (ADJ.) 2003 (162) ELT 196 (Trib. - Kol.) reveals that it has decided the case in favour of the respondents/importers on merits and also on the ground that show cause notice issued by the De...

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Category : Custom | Comments : 0 | Hits : 17

Karnataka VAT : Revisional authority cannot pass fresh assessment order as it can only direct AO to do so
Posted Date : 25-May-2015 , 06:01:58 pm | Posted By: Aarti Sharma

Vineet Saran, J. - The appellant is the company dealing in the business of manufacture of press components, sheet metal enclosures, telecommunication equipments, bus bar, heavy electrical products, automotive components and heat sinks. The dispute in the present appeals relate to the tax per...

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Category : VAT | Comments : 0 | Hits : 21

Deptt had to return bank guarantee once Director General of Foreign Trade discharged assessee’s export obligation
Posted Date : 25-May-2015 , 05:59:53 pm | Posted By: Aarti Sharma

1. On this Writ Petition under Article 226 of the Constitution of India, which sought a restraint against Respondent Nos. 2 and 3 from invoking and encashing bank guarantees/pay orders submitted by the Petitioner and also to withdraw a communication Annexure 'O' dated 5th August, 201...

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Category : Custom | Comments : 0 | Hits : 65

Even refund of excess self-assessment tax paid by assessee would be entitled to interest
Posted Date : 25-May-2015 , 05:54:44 pm | Posted By: Aarti Sharma

Ajay Kumar Mittal, J. - This appeal has been preferred by the Revenue under section 260A of the Income-tax Act, 1961 (in short, "the Act"), against the order dated August 31, 2006, annexure A 3 passed by the Income-tax Appellate Tribunal, Chandigarh Bench "A" (in short, "...

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Category : Income Tax | Comments : 0 | Hits : 19

No mandatory pre-deposit of duty for disputes arose before August 6, 2014
Posted Date : 25-May-2015 , 08:03:10 am | Posted By: May I Help You.

1. This is a petition filed for reviewing the judgment dated 18.02.2015 in the writ petition. The petitioner had approached this Court challenging Ext.P8 order passed by the respondent under the Customs Act, 1962. Although, he had filed Ext.P9 appeal and stay petition before the Customs, Excise...

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Category : Excise | Comments : 0 | Hits : 80

Deptt. couldn't allege suppression if all facts were conveyed to it through applications/certificates
Posted Date : 22-May-2015 , 05:48:53 pm | Posted By: Aarti Sharma

1. The respondent herein is engaged in the manufacturing of air-conditioning machinery and parts thereof. Some of the air-conditioning units are manufactured by utilising the parts manufactured in the same factory were sent by it to 100 per cent Export Oriented Units without payment of duty,...

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Category : Excise | Comments : 0 | Hits : 56

Brought forward business loss is to be set-off while computing income u/s 10A
Posted Date : 22-May-2015 , 05:45:34 pm | Posted By: Aarti Sharma

S.C. Dharmadhikari, J. - These Appeals of the Revenue were on our board and after hearing both sides at length, we placed them today for passing orders. 2. The Appeals are directed against the orders passed by the Income Tax Appellate Tribunal on 16th November, 2012. 3. Ins...

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Category : Income Tax | Comments : 0 | Hits : 90

Doctors not entitled to gratuity and PF aren't employees of hospitals; sums paid to them would attract sec. 194J TDS
Posted Date : 22-May-2015 , 05:43:29 pm | Posted By: Aarti Sharma

Mrs. S. Sujatha, J. - Revenue is in appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act' for short) challenging the order dated 3.7.2009 passed by the Income Tax Appellate Tribunal - "B" Bench, Bangalore pertaining to the assessment y...

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Category : Income Tax | Comments : 0 | Hits : 195

No reassessment to disallow exp. due to TDS default by treating it as royalty if its details were disclosed earlier
Posted Date : 21-May-2015 , 06:05:35 pm | Posted By: Aarti Sharma

M.R. Shah, J. - By way of this petition under Article 226 of the Constitution of India, the petitioner - assessee has prayed for appropriate writ, order and/or direction to quash and set aside the impugned notice issued under section 148 of the Income Tax Act, 1961 dated 27/3/2014 for the A....

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Category : Income Tax | Comments : 0 | Hits : 49

Condition of mandatory pre-deposit isn’t onerous as deposit is to be refunded if assessee succeeds in appeal
Posted Date : 21-May-2015 , 06:02:40 pm | Posted By: Aarti Sharma

1. The petitioner who is aggrieved by Ext.P8 order passed by the respondent, has filed Ext.P9 appeal and stay petition before the Customs Excise and Service Tax Appellate Tribunal, Bangalore. By Ext.P10 defect memo, the petitioner was informed that he would have to pay 7.5% of the duty confi...

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Category : Excise | Comments : 0 | Hits : 54

Lump sum payment made for procurement of right to use technical know-how is deductible u/s 37 and not u/s 35AB
Posted Date : 21-May-2015 , 05:59:16 pm | Posted By: Aarti Sharma

Mrs. S. Sujatha, J. - This appeal is filed by the assessee challenging the order passed by the Income Tax Appellate Tribunal (hereinafter referred to as the "Tribunal") Bangalore "B" Bench, dated 30.6.2008 pertaining to the assessment years 1992-93 and 1993-94. 2.&nbs...

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Category : Income Tax | Comments : 0 | Hits : 68

Delayed appeal isn’t condonable even if ITAT decides it subsequently in favour of assessee on similar issue
Posted Date : 21-May-2015 , 05:58:01 pm | Posted By: Aarti Sharma

G.S. Kulkarni, J. - The applicant has taken out this Notice of Motion seeking condonation of delay of about five years (1825 days) in filing an appeal under Section 260A of the Income Tax Act,1961 (for short "the Act") against the order dated 31.10.2008 passed by the Income Tax App...

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Category : Income Tax | Comments : 0 | Hits : 54

HC upheld disallowance of rent paid to relatives on failure of assessee to justify payment of excessive rent
Posted Date : 20-May-2015 , 06:01:22 pm | Posted By: Aarti Sharma

S.J. Vazifdar, Actg. CJ. - This is an appeal against the orders of the Income Tax Appellate Tribunal dated 17.02.2012 and 21.06.2013 in ITA No.1107/CHD/2010 and MA No.61/CHD/2012, respectively, in respect of Assessment Year 2007-08. The Tribunal dismissed the appellant's appeal against t...

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Category : Income Tax | Comments : 0 | Hits : 92

Jharkhand VAT : Inter-State stock transfer was not eligible for benefit of concessional rate of tax
Posted Date : 20-May-2015 , 06:00:10 pm | Posted By: Aarti Sharma

R. Banumathi, CJ. - In these writ petitions, the issue before us is that if a registered dealer purchases goods at concessional rate of tax for use in the manufacture or processing of goods for sale, whether he will have to do so on condition of making sales of the manufactured goods within ...

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Category : VAT | Comments : 0 | Hits : 65

Calcutta HC didn't have jurisdiction to entertain suit for specific relief in respect of land situated in Maharashtra
Posted Date : 20-May-2015 , 05:56:22 pm | Posted By: Aarti Sharma

Pinaki Chandra Ghose, J. - Leave granted. 2. This appeal has been preferred against the judgment delivered by the Division Bench of the Calcutta High Court on March 8, 2013 in A.P.O. No.180 of 2012 in Asset Reconstruction Co. (India) Ltd. v. Excel Dealcomm (P.) Ltd.&n...

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Category : Corporate Laws | Comments : 0 | Hits : 49

Interest received on RBI securities even after their sale due to non-recording of change of ownership wasn’t taxable
Posted Date : 20-May-2015 , 05:51:29 pm | Posted By: Aarti Sharma

1. This petition under Article 226 of the Constitution of India challenges a notice dated 16 March, 2004 issued by respondent No.1(Assessing Officer) under Section 148 of the Income-tax Act, 1961 ("the Act") seeking to reopen the assessment for A.Y. 1997-98. This petition was admit...

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Category : Income Tax | Comments : 0 | Hits : 61

Haryana VAT : No revision of order after expiry of 3 years from last date of filing of annual return
Posted Date : 19-May-2015 , 05:48:33 pm | Posted By: Aarti Sharma

Ajay Kumar Mittal, J. - This order shall dispose of VATAP Nos. 132 and 162 of 2013, as according to the learned counsel for the parties, the facts and the issues involved are similar. However, the facts are being extracted from VATAP No. 132 of 2013. 2. VATAP No. 132 of 2013 has bee...

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Category : VAT | Comments : 0 | Hits : 87

Odisha VAT : Reassessment was invalid as AO failed to serve notice within time pursuant to Tribunal’s direction
Posted Date : 19-May-2015 , 05:41:19 pm | Posted By: Aarti Sharma

Indrajit Mahanty, J. - The present writ application has been filed by the petitioner-company seeking direction to Opposite Party No.1 (Sales Tax Officer, Assessment Unit, Nayagarh) to refund the amount due to the petitioner for the period from 1.4.2005 to 31.1.2006 pursuant to order dated 2....

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Category : VAT | Comments : 0 | Hits : 43

Depreciation allowed on leased out gas cylinders as leasing was treated as business income of assessee
Posted Date : 19-May-2015 , 05:39:12 pm | Posted By: Aarti Sharma

1. This appeal relates to the assessment year 1986-87. The issue pertains to depreciation on the 1250 gas cylinders which the assessee had claimed in that year, and which has been disallowed by the authorities below. The brief facts which require mention for the purpose of the present appeal...

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Category : Income Tax | Comments : 0 | Hits : 61

Making assessment in name of non-existent entity couldn’t be cured by resorting to sec. 292B
Posted Date : 19-May-2015 , 05:36:55 pm | Posted By: Aarti Sharma

Vineet Saran, J. - The present appeals relate to the assessment year 2003-04 in the case of the assessee - M/s Software & Silicon Systems India Pvt. Ltd (For short 'SSS Limited'). The said company was amalgamated with the respondent company M/s Intel Technology India Pvt. Ltd. (s...

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Category : Income Tax | Comments : 0 | Hits : 51

Provisions of other Act as to liability for quality of goods is irrelevant to determine real manufacturer
Posted Date : 18-May-2015 , 05:49:07 pm | Posted By: Aarti Sharma

Anil R. Dave, J. - A common order No.A/1559 to 1563/WZB/2006 (EB) dated 14th August, 2006 in Appeal Nos. E/3292 to 3295 of 2004 passed by the Customs Excise and Service Tax Appellate Tribunal, West Zonal Bench, Mumbai, has been challenged in these appeals. The facts giving rise to the presen...

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Category : Excise | Comments : 0 | Hits : 56

No penalty on Chairman of Company when he was unaware of clandestine removal of goods
Posted Date : 18-May-2015 , 05:46:44 pm | Posted By: Aarti Sharma

Vijay Manohar Sahai, Actg., CJ. - This Tax appeal has been preferred by the Revenue challenging the order dated 1.4.2008 passed by the Customs, Excise & Service Tax Appellate Tribunal, West Zonal Bench at Ahmedabad ["Tribunal" for short], whereby the Tribunal has allowed the ap...

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Category : Excise | Comments : 0 | Hits : 51

Losses set-off against other income in earlier years couldn’t be again set-off while computing sec. 80-IA relief
Posted Date : 18-May-2015 , 05:42:47 pm | Posted By: Aarti Sharma

R. Sudhakar, J. - This appeal is filed by the Revenue as against the order of the Income Tax Appellate Tribunal and the core issue raised in this Tax Case (Appeal) is whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the respondent/asses...

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Category : Income Tax | Comments : 0 | Hits : 59

SLP admitted against HC’s order holding that registration of trust couldn’t be cancelled if its objects weren’t changed
Posted Date : 18-May-2015 , 05:38:36 pm | Posted By: Aarti Sharma

Mrs. Chitra Venkataraman, J. - The assessee is on appeal as against the order of the Income Tax Appellate Tribunal and seeks admission of Tax Case (Appeal) on the following substantial questions of law:— "1.   Whether the Tribunal was ri...

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Category : Income Tax | Comments : 0 | Hits : 66

No TDS on sum paid to foreign agent for rendering services outside India if it didnt have any PE in India
Posted Date : 17-May-2015 , 09:59:04 pm | Posted By: CASANSAAR

R. Sudhakar, J. - This Tax Case (Appeal) is filed by the appellant/Revenue as against the order passed by the Income Tax Appellate Tribunal for the assessment year 2009-10 raising the following questions of law :— "(1)   Whether under th...

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Category : Income Tax | Comments : 0 | Hits : 223

Credit of service tax paid under reverse charge can be taken on basis of TR-6 Challan
Posted Date : 16-May-2015 , 09:23:28 am | Posted By: CASANSAAR

F.M. Reis, J. - All the above appeals were ordered to be taken up together as the Counsel appearing for the parties had contended that common substantial questions of law arise in all the above appeals. 2. The above appeals came to be admitted by this Court by an order dated 21st July, 20...

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Category : Service Tax | Comments : 0 | Hits : 269

Dispute on installation date of machinery wasn’t a case of furnishing inaccurate particulars; penalty deleted
Posted Date : 15-May-2015 , 06:09:05 pm | Posted By: Aarti Sharma

Ajay Kumar Mittal, J. - The following question of law has been referred at the instance of the Revenue for the opinion of this court by the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar, arising out of its order dated May 31, 1996, in I. T. A. No. 304(ASR)/91 for the assessment yea...

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Category : Income Tax | Comments : 0 | Hits : 57

No sec. 14A disallowance if genuineness of exp. incurred for business activities was never doubted
Posted Date : 15-May-2015 , 05:53:16 pm | Posted By: Aarti Sharma

Sanjiv Khanna, J. - The following substantial question of law is proposed in these two appeals by the appellant-Revenue which pertain to the Assessment Years 2007-08 and 2008-09:— "Whether the Income Tax Appellate Tribunal was right in deleting the disallo...

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Category : Income Tax | Comments : 0 | Hits : 109

Supreme Court confirms the Constitution of NCLT and NCLAT under Companies Act 2013
Posted Date : 14-May-2015 , 06:30:28 pm | Posted By: CASANSAAR

This writ petition filed by the petitioner, namely, the Madras Bar Association, is sequel to the earlier proceedings which culminated in the judgment rendered by the Constitution Bench of this Court in Union of India v. R. Gandhi, President, Madras Bar Association1 (hereinafter referred to as the '2...

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Category : Companies Act | Comments : 0 | Hits : 271

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