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Auditor's certificate can't be a substitute for TP study to benchmark international transaction
Posted Date : 26-Jun-2015 , 09:22:53 pm | Posted By: CASANSAAR

B.R. Baskaran, Accountant Member - The appeal filed by the assessee is directed against the order dated 03-12-2014 passed by Ld CIT(A)-57, Mumbai and it relates to the assessment year 2009-10. The assessee is aggrieved by the decision of Ld CIT(A) in confirming the ALP adjustment of Rs.14.98 cr...

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Category : Income Tax | Comments : 0 | Hits : 185

Duty paid 'voluntarily' isn't 'duty paid under protest' for purpose of extending time limit for refund claim
Posted Date : 26-Jun-2015 , 05:23:56 pm | Posted By: Aarti Sharma

S. Ravindra Bhat, J. - The following substantial question of law was framed for the purpose of this appeal :— "Whether Customs, Excise and Service Tax Appellate Tribunal was right in holding that the refund claimed by the appellant was governed by provisions of Section 11B of ...

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Category : Excise | Comments : 0 | Hits : 90

Assessee can't opt out of compounded levy scheme in middle of year
Posted Date : 26-Jun-2015 , 05:21:59 pm | Posted By: Aarti Sharma

K.M. Joseph, J. - Both these S. T. revisions are connected and petitioner in both is the State Government. The S. T. revisions are filed under section 41 of the Kerala General Sales Tax Act, 1963 (hereinafter referred to as "the Act"). The respondent-assessee is a bar attached hote...

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Category : VAT | Comments : 0 | Hits : 85

Royalty paid to associated concern was allowable as revenue exp.
Posted Date : 26-Jun-2015 , 05:19:20 pm | Posted By: Aarti Sharma

S. Ravindra Bhat, J. - The revenue has preferred the present appeals against the impugned order of the Income Tax Appellate Tribunal (ITAT) Asstt. CIT v. Denso India Ltd. [2013] 33 taxmann.com 89/[2014] 64 SOT 191 (Delhi - Trib)(URO) dated 27.02.2013 in ITA No. 3014/...

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Category : Income Tax | Comments : 0 | Hits : 117

Advance received by contractor in excess of bill raised by him couldn't be taxed on receipt basis
Posted Date : 26-Jun-2015 , 05:12:37 pm | Posted By: Aarti Sharma

K.S. Jhaveri, J. - This is an appeal by the appellant-assessee, seeking to challenge the order of the learned ITAT, Ahmedabad Bench 'B' (for short, 'the Tribunal'), Dated : 30.06.2003, rendered in ITA No. 1031/Ahd/2001 for the A.Y. 1996-97, whereby, the Tribunal dismissed the...

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Category : Income Tax | Comments : 0 | Hits : 132

Volvo buses provided to DTC doesn't constitute deemed sale as ownership of buses remained with assessee
Posted Date : 25-Jun-2015 , 05:28:59 pm | Posted By: Aarti Sharma

R.K. Gauba, J. - This appeal under section 81 of Delhi Value Added Tax Act, 2004 (hereinafter referred to as "the DVAT Act") assails the order dated 11.07.2014 passed by Appellate Tribunal, Value Added Tax, Delhi (hereinafter referred to as "the Tribunal") in appeal Nos. ...

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Category : VAT | Comments : 0 | Hits : 121

Filing of petition for recovery didn't mean that payee had obtained right to receive income; HC deletes addition
Posted Date : 25-Jun-2015 , 05:26:10 pm | Posted By: Aarti Sharma

S. Ravindra Bhat, J. - The following two questions of law were framed by the Court at the stage of admission:     "A. Whether on the facts and in the circumstances of the present case, the Tribunal was justified in law in deleting the dis...

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Category : Income Tax | Comments : 0 | Hits : 94

Sec. 10(10) relief given to SBI employee on ex-gratia received by him on 'VRS' as he satisfied conditions of rule 2BA
Posted Date : 25-Jun-2015 , 05:24:33 pm | Posted By: Aarti Sharma

Mohan M. Shantanagoudar, J. - The respondent-assessee is a retired employee of State Bank of India, Belgaum ; he filed his return of income on June 4, 2008, for the assessment year 2008-09 by declaring the total income of Rs. 6,94,390 ; during the said year, the assessee had exercised the op...

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

Assessee was entitled to set off purchase tax on manufactured goods which were sent outside State for works contract
Posted Date : 24-Jun-2015 , 05:34:27 pm | Posted By: Aarti Sharma

1. We have heard Mr. Sonpal appearing on behalf of the Revenue in this reference at length. With his assistance, we have perused the statement of facts and the questions which have been referred for our opinion by the Tribunal. 2. These questions read as under : &...

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Category : VAT | Comments : 0 | Hits : 118

No garnishee notice can be issued for recovery before expiry of 30 days from date of service of notice
Posted Date : 24-Jun-2015 , 05:32:37 pm | Posted By: Aarti Sharma

1. Petitioner is a sole proprietary concern engaged in the works contract mainly for Government of Karnataka and its social wings and is registered as a dealer under the Karnataka Value Added Tax Act, 2003 (for short the 'Act'). For the Assessment Years 2008-09 and 2009-10, reassessm...

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Category : VAT | Comments : 0 | Hits : 119

Failure to obtain proper sanction for reassessment notice can't be cured by resorting to sec. 292BB
Posted Date : 24-Jun-2015 , 05:30:03 pm | Posted By: Aarti Sharma

1. This writ petition has been filed by petitioner-assessee - M/s Dhadda Exports, Jaipur, which is a partnership firm, challenging notice dated 27.03.2014 issued to it under Section 148 of the Income Tax Act, 1961 and order dated 15.01.2015 passed by respondent no.2 Income Tax Officer, Ward ...

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Category : Income Tax | Comments : 0 | Hits : 80

ITAT rightly allowed sec. 80-IB relief as assessee had satisfied the limit of commercial space in housing project
Posted Date : 24-Jun-2015 , 05:28:12 pm | Posted By: Aarti Sharma

A.K. Menon, J. - The above appeals are filed by the revenue for the assessment years 2005-06 and 2006-07. Two common questions of law are said to be substantial questions of law. 2. Since in Income Tax Appeal No,1474 of 2013 has additional questions, we shall deal with the facts in ...

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Category : Income Tax | Comments : 0 | Hits : 72

Constitutional validity of a provision not to be considered without determination of facts and law
Posted Date : 23-Jun-2015 , 05:27:02 pm | Posted By: Aarti Sharma

1. The reliefs which have been sought in these proceedings under article 226 of the Constitution are in the following terms : "(a)   Issue a writ, order or direction in the nature of certiorari quashing the impugned notice issued by respo...

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Category : Excise | Comments : 0 | Hits : 86

Limitation period to determine validity of an addendum to be counted from date of original notice
Posted Date : 23-Jun-2015 , 05:25:02 pm | Posted By: Aarti Sharma

N. Kumar, J. - These appeals are preferred by the assessee challenging the order passed by the learned Single Judge Gemini Dyeing & Printing Mills Ltd. v. Commissioner of Customs 2014 (304) ELT 51 (Kar.), declining to interfere with the order passed by the original au...

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Category : Custom | Comments : 0 | Hits : 70

Tax paid on cement used for constructing staff quarter's couldn't be set off under Bombay Sales Tax Rules
Posted Date : 22-Jun-2015 , 05:45:20 pm | Posted By: Aarti Sharma

S.C. Dharmadhikari, J - This reference under Section 61 of the Bombay Sales Tax Act, 1959 arises out of the Tribunal's order dated 15th April, 2002. The period of assessment is 1st July, 1988 to 30th June, 1989. The Gharda Chemicals Ltd and at whose instance the Tribunal referred the que...

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Category : VAT | Comments : 0 | Hits : 69

Prior to 10-10-07, deemed addition of handling charges was at 1% of CIF if actual charges were unascertainable
Posted Date : 22-Jun-2015 , 05:43:29 pm | Posted By: Aarti Sharma

A.K. Sikri, J. - These appeals are preferred by the appellant challenging the validity of judgment dated 11.10.2002 passed by the Division Bench of the High Court of Judicature at Madras. The High Court has, vide the said judgment, disposed of few writ petitions filed under Article 226 of th...

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Category : Custom | Comments : 0 | Hits : 78

Karnataka VAT deptt. couldn't impose penalty on basis of original returns after accepting revised return
Posted Date : 22-Jun-2015 , 05:41:22 pm | Posted By: Aarti Sharma

Vineet Saran, J. The revision petitioner is engaged in the business of providing passive infrastructure telecom services to its operators and is registered under the Karnataka Value Added Tax Act, 2003 (KVAT Act for short). The petitioner is assessed to VAT under the provisions of the KVAT A...

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Category : VAT | Comments : 0 | Hits : 89

No criminal prosecution against assessee due to having Swiss account if he had furnished its details to revenue
Posted Date : 22-Jun-2015 , 05:25:40 pm | Posted By: Aarti Sharma

1. The present petition has been filed by the petitioner under Section 482 Cr.P.C. seeking quashing of the sanction/authorization dated 10th February, 2015 granted by the Commissioner of Income Tax (Central-I), the complaint No.CC/91/14 dated 12th February, 2015 preferred by the respondent t...

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Category : Income Tax | Comments : 0 | Hits : 104

Sum paid on account of legal obligations instead of contractual agreement isn't subject to sec. 194C TDS
Posted Date : 21-Jun-2015 , 01:12:56 pm | Posted By: CASANSAAR

Pramod Kumar, Accountant Member - These four appeals, filed by the assessee, are directed against the consolidated order dated 31st October 2014 in the matter of tax withholding demand raised on the assessee under section 201(1) and 201(1A) r.w.s. 194C of the Income Tax Act 1961, for the assess...

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Category : Income Tax | Comments : 0 | Hits : 145

AO couldn't justify reassessment by mentioning same reasons in different words which weren't sustained earlier
Posted Date : 21-Jun-2015 , 01:10:33 pm | Posted By: CASANSAAR

S. Ravindra Bhat, J. - Exemption is allowed subject to all just exceptions. 1.1 The application is disposed of. W.P.(C) 7550/2012 & CM 19190/2012 1.2 The petitioner, an income tax assessee challenges a notice dated 4-7-2011 issued by the respondent/revenue (hereinafter referred...

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Category : Income Tax | Comments : 0 | Hits : 50

Assessee couldn't raise issue of due service of notice after participating in reassessment proceedings
Posted Date : 19-Jun-2015 , 05:46:07 pm | Posted By: Aarti Sharma

N. Kumar, J. - These Revision Petitions are preferred by the assessee against the order passed by the Karnataka Appellate Tribunal dismissing his appeal and confirming the orders passed by the lower authorities. 2. The assessee is a Company incorporated under the provisions of the C...

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Category : VAT | Comments : 0 | Hits : 78

Wrong depreciation claim made by assessee, intentionally, would invite penalty
Posted Date : 19-Jun-2015 , 05:38:52 pm | Posted By: Aarti Sharma

J.K. Ranka, J. - These four Income-tax appeals are directed against the common order dated October, 7, 2011, passed by the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (for short, "the ITAT") by which the Income-tax Appellate Tribunal, while upholding the order passed by the...

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Category : Income Tax | Comments : 0 | Hits : 122

No reassessment to treat share premium as unexplained if assessee didn't suppress any details at assessment stage
Posted Date : 19-Jun-2015 , 05:36:46 pm | Posted By: Aarti Sharma

A.K. Menon, J. - Rule, made returnable forthwith. By consent of the parties taken up for final hearing . 2. By this order, we dispose of both the writ petitions which are on a similar set of facts. Writ Petition (L) No.735 of 2015 pertains to assessment year 2008-09 whereas Writ Pet...

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Category : Income Tax | Comments : 0 | Hits : 115

Allowance of service tax exemption only to theatre artists but not to film artists isn't discriminatory
Posted Date : 18-Jun-2015 , 06:30:14 pm | Posted By: Aarti Sharma

1. The petitioner has filed the present writ petition seeking to assail the notification No. 25/2012 dated 20.06.2012 (Entry 16) providing for an exemption in respect of services provided by performing artist or folk or classical art forms of music, dance or theatre from the liability toward...

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Category : Service Tax | Comments : 0 | Hits : 87

Raj VAT: Works contract having major portion of laying of pipeline attracts exemption fee of 2.25%
Posted Date : 18-Jun-2015 , 06:12:44 pm | Posted By: Aarti Sharma

1. Instant revision petition by the petitioner-assessee is directed against the order dt.16/04/2012 passed by Rajasthan Tax Board in Appeal No.1007/2010/Kota. It relates to the Assessment Year 2009-10. 2. Brief facts of the case are that the petitioner-assessee is a contractor and was aw...

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Category : VAT | Comments : 0 | Hits : 76

Apex Court directs AO to consider claim of partial exemption claim when full exemption was denied to assessee
Posted Date : 18-Jun-2015 , 06:11:29 pm | Posted By: Aarti Sharma

1. In C.A. No. 6575/2003 At the outset it was conceded by Mr. S. Radhakrishnan, learned senior counsel appearing for the appellant/Union of India, that the duty involved in the present case is only Rs. 4,77,131/-. 2. Keeping in view the smallness of the financial implication and the...

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Category : Custom | Comments : 0 | Hits : 65

No denial of sec. 80P relief to society merely due to receipt of small portion of revenue from non-members
Posted Date : 18-Jun-2015 , 06:05:28 pm | Posted By: Aarti Sharma

1. These three appeals filed under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') challenge the common order dated 26 November, 2014 passed by the Income Tax Appellate Tribunal (hereinafter referred to as 'the Tribunal')relating to assessment ...

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Category : Income Tax | Comments : 0 | Hits : 81

High Court orders mandatory pre-deposit as per new provision even when appeal was filed prior to August 6, 2015
Posted Date : 17-Jun-2015 , 05:50:41 pm | Posted By: Aarti Sharma

1. Counsel submits that appeal was preferred along with application for pre-deposit against the order of the adjudicating authority prior to the amendment made u/s 35F which came into force w.e.f. 6-8-2014. However, application for pre-deposit was heard thereafter and he has instruction from...

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Category : Excise | Comments : 0 | Hits : 42

Electric panel board was taxable @ 12% w.e.f. 18-8-2001 under Tamil Nadu General Sales Tax Act, 1959
Posted Date : 17-Jun-2015 , 05:48:54 pm | Posted By: Aarti Sharma

Mrs. Chitra Venkataraman, J. - The assessee has filed the present tax case (revision) as against the order of the Sales Tax Appellate Tribunal for the assessment year 2001-02. This court admitted this tax case (revision) on the following substantial question of law : "Whether the Tr...

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Category : VAT | Comments : 0 | Hits : 64

No additions under sec. 153A if no incriminating material is found during search
Posted Date : 17-Jun-2015 , 05:42:44 pm | Posted By: Aarti Sharma

S.C. Dharmadhikari, J. - These appeals were heard together and are being disposed of by a common judgment. It is conceded before us by both sides that the questions of law and the issues arising therefrom are common and, therefore, they advanced similar contentions. It is in these circumstan...

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Category : Income Tax | Comments : 0 | Hits : 112

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