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HC set aside recovery proceedings as department had initiated recovery without adjudication
Posted Date : 30-Mar-2015 , 06:07:51 pm | Posted By: Vijay

D.N. Patel, J. - This writ petition has been preferred challenging the order dated 11.08.2014, which is at Annexure 5, mainly for the reason that the amount demanded under Section 87 of the Finance Act, 1994 is not based upon any adjudication, on the contrary now at a later stage demand-cum-...

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Category : Service Tax | Comments : 0 | Hits : 20

Discount allowed by ONGC to Oil Marketing Cos. for sale of petroleum products would not form part of sale price
Posted Date : 30-Mar-2015 , 06:04:45 pm | Posted By: Vijay

Akil Kureshi, J. - These appeals are filed by the Oil and Natural Gas Corporation ("ONGC" for short) calling in question the judgments of the Gujarat Value Added Tax Tribunal ("the Tribunal involving identical issue. 2. Tax Appeal No.58/2014 is treated as a lead matte...

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Category : VAT | Comments : 0 | Hits : 29

Retracted statement of assessee, regarding benami concerns won’t invite addition in absence of any evidence
Posted Date : 30-Mar-2015 , 05:44:20 pm | Posted By: Vijay

K.J. Thaker, J. - In compliance to the direction of the Hon'ble Apex Court, the Tribunal has referred the following questions of law to this Court:— "(1)   Whether the Appellate Tribunal is right in law and on facts in deleting the a...

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Category : Income Tax | Comments : 0 | Hits : 16

Section 271AAA and sec. 271(1)(c) have different concomitant scope; to operate exclusively
Posted Date : 29-Mar-2015 , 09:32:19 am | Posted By: May I Help You.

Sanjay Arora, Accountant Member - This is an Appeal by the Revenue directed against the Order by the commissioner of Income Tax (Appeals)-37, Mumbai ('CIT(A)' for short) dated 31.05.2012, allowing the assessee's appeal contesting the levy of penalty u/s.271AAA of the Income Tax Act, 1961 ('the ...

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Category : Income Tax | Comments : 0 | Hits : 111

Goods having HSN classification under Kerala VAT cannot be classified as per common parlance test
Posted Date : 27-Mar-2015 , 06:49:55 pm | Posted By: Aarti Sharma

Dipak Misra, J. - The appellant, M/s. M.P. Agencies, is a registered dealer under the Kerala Value Added Tax Act, 2003 (for brevity, 'the 2003 Act') and is a wholesale distributor for "Ujala Supreme" and "Ujala Stiff and Shine", which are manufactured by M/s. Jyot...

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Category : VAT | Comments : 0 | Hits : 55

CIT couldn't deny sec. 10(23AAA) approval to 'employees welfare trust' due to payment of corpus by employer
Posted Date : 27-Mar-2015 , 06:42:10 pm | Posted By: Aarti Sharma

KS Jhaveri, J. - By way of this petition, the petitioner-Trust has challenged the order passed by the Office of Commissioner of Income-tax, Rajkot-1, Rajkot, whereby, the application of the petitioner-Trust for registration under section 10(23AAA) of the Income-Tax Act, has been rejected. ...

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Category : Income Tax | Comments : 0 | Hits : 67

Gain arising from sale of asset couldn’t be taxed under sec. 50 if asset wasn’t part of block of asset
Posted Date : 27-Mar-2015 , 06:30:01 pm | Posted By: Aarti Sharma

K.S. Jhaveri, J. - By way of this appeal, the appellant-revenue has challenged the order dated 23.01.2001 passed by the Income Tax Appellate Tribunal, Ahmedabad [for short "the Tribunal"] in ITA No. 6030/Ahd/1994, whereby the appeal filed by the revenue was dismissed by the Tribuna...

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Category : Income Tax | Comments : 0 | Hits : 140

No penalty on works-contractor if machinery purchased from outside State was used for execution of works contract
Posted Date : 26-Mar-2015 , 05:43:51 pm | Posted By: Vijay

Tarun Agarwala, J. - All the three writ petitions raise a common question and are being decided together. For facility, the facts of Writ Petition (Tax) No. 337 of 2008, Sadbhav Engineering Ltd. v. State of U. P. and others, are being taken into consideration. 2. ...

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Category : VAT | Comments : 0 | Hits : 98

No interest and penalty on assessee just because he had paid ST which wasn't actually payable
Posted Date : 26-Mar-2015 , 05:42:22 pm | Posted By: Vijay

A. Selvam, J. - These Civil Miscellaneous Appeals have been directed against the Final Orders passed in Appeal No. S/3/2006 and Appeal No. S/162/2005 in Final Order No. 655 of 2008, dated 4-7-2008, CCE v.Sundaram Textiles Ltd. [2008] 17 STT 294 (Chennai) and in Final Orde...

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Category : Service Tax | Comments : 0 | Hits : 82

No prosecution against advocate for filing client's return on fake TDS certificate as it was supplied by client
Posted Date : 26-Mar-2015 , 05:40:02 pm | Posted By: Vijay

1. As identical questions of law and facts are involved, therefore, I propose to dispose of the indicated petitions for leave to appeal, arising out of the similar impugned judgments of acquittal of the same date between the same parties, vide this common order to avoid the repetition. Howev...

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Category : TDS | Comments : 0 | Hits : 136

Forfeiture of application money paid by an investment Co. to buy debentures is allowable as business loss: HC
Posted Date : 26-Mar-2015 , 05:38:52 pm | Posted By: Vijay

S. Ravindra Bhat, J. - These three appeals involve common questions of law directed against a common order of the Income Tax Appellate Tribunal (ITAT) dated 05.06.2000. Initially, a Division Bench had decided the case on, 08.10.2001, reported in (2002) 254 ITR 0538 (Commissioner of Income Ta...

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Category : Income Tax | Comments : 0 | Hits : 86

HC upheld deduction of disputed interest liability as it had crystallized on execution of supplementary agreement
Posted Date : 26-Mar-2015 , 04:35:59 pm | Posted By: Vijay

By the Court : This appeal under s. 260A of the IT Act, 1961 arises from a decision of the Lucknow Bench of the Tribunal, dt. 12th Nov., 2013. The assessment year to which the appeal relates is asst. yr. 2008-09. Three questions have been framed by the Revenue in this appeal of which, the follo...

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Category : Income Tax | Comments : 0 | Hits : 52

No penalty on works-contractor if machinery purchased from outside State was used for execution of works contract
Posted Date : 25-Mar-2015 , 06:30:41 pm | Posted By: Vijay

Tarun Agarwala, J. - All the three writ petitions raise a common question and are being decided together. For facility, the facts of Writ Petition (Tax) No. 337 of 2008, Sadbhav Engineering Ltd. v. State of U. P. and others, are being taken into consideration. 2. ...

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Category : VAT | Comments : 0 | Hits : 83

No interest and penalty on assessee just because he had paid ST which wasn't actually payable
Posted Date : 25-Mar-2015 , 06:27:22 pm | Posted By: Vijay

A. Selvam, J. - These Civil Miscellaneous Appeals have been directed against the Final Orders passed in Appeal No. S/3/2006 and Appeal No. S/162/2005 in Final Order No. 655 of 2008, dated 4-7-2008, CCE v.Sundaram Textiles Ltd. [2008] 17 STT 294 (Chennai) and in Final Orde...

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Category : Service Tax | Comments : 0 | Hits : 76

HC upheld deduction of disputed interest liability as it had crystallized on execution of supplementary agreement
Posted Date : 25-Mar-2015 , 06:13:39 pm | Posted By: Vijay

By the Court : This appeal under s. 260A of the IT Act, 1961 arises from a decision of the Lucknow Bench of the Tribunal, dt. 12th Nov., 2013. The assessment year to which the appeal relates is asst. yr. 2008-09. Three questions have been framed by the Revenue in this appeal of which, the fo...

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Category : Income Tax | Comments : 0 | Hits : 65

ITAT couldn’t arbitrarily curtail penalty for assessee-in-default without any tangible reasons
Posted Date : 25-Mar-2015 , 06:12:14 pm | Posted By: Vijay

Rajive Bhalla, J. - By way of this order, we shall decide ITA Nos. 134, and 135 of 2014 filed by the assessee and ITA Nos. 95 and 119 of 2014 filed by the revenue. 2. Both the assessee and the revenue are aggrieved by order dated 02.08.2013 passed by the Income Tax Appellate Tribuna...

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Category : Income Tax | Comments : 0 | Hits : 3

Maximum penalty for seized goods would be 150% of tax payable on such goods under Gujarat VAT Act
Posted Date : 24-Mar-2015 , 05:38:02 pm | Posted By: Vijay

Ms. Harsha Devani, J. - Rule. Mr. Chintan Dave, learned Assistant Government Pleader; waives service of notice of rule on behalf of the respondents. 2. Having regard to the controversy involved in the present case which lies in a very narrow compass and with the consent of the learn...

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Category : VAT | Comments : 0 | Hits : 76

No deemed dividend if 'Subrata Roy' gets advance from his firm which owes to Co. in which he is a shareholder
Posted Date : 24-Mar-2015 , 05:33:07 pm | Posted By: Vijay

1. The question of law urged by the revenue in this appeal (and the writ petition) is: "Whether the amount of Rs. 1,84,19,305 was deemed dividend in the hands of the assessee under the provisions of Section 2 (22) (e) of the Income Tax Act, 1961?" 2. The assessee was m...

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Category : Income Tax | Comments : 0 | Hits : 184

Scrutiny was void as it was made without issuing notice under Sec. 143(2)
Posted Date : 24-Mar-2015 , 05:30:40 pm | Posted By: Vijay

1. We have heard Sri R.K. Upadhyay, learned counsel for the appellant and Sri Rahul Agarwal, the learned counsel for the opposite party. 2. The Appeal was admitted on the following substantial question of law : "Whether on the facts and in the circumstances of the case, the...

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

No TDS on interest paid to custodian of finance Co. when special Court exempted TDS liability on such payments
Posted Date : 24-Mar-2015 , 05:27:53 pm | Posted By: Vijay

K.S. Jhaveri, J. - Since all these appeals arise from the common judgment and order of the Income Tax Appellate Tribunal, Ahmedabad, they are being disposed of by this common judgment. 2. By way of these appeals, the appellant-assessees have challenged the common Judgment and order ...

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

Sale of gold to other States where delivery was taken by representatives of customers wasn't inter-State sales
Posted Date : 23-Mar-2015 , 05:17:39 pm | Posted By: Vijay

1. This appeal by the assessee challenges the order passed by the Tribunal in VAT Second Appeal Nos. 38 to 41 of 2011 dated 14th August 2012. 2. The learned counsel appearing on behalf of the assessee submits that the appeal raises substantial questions of law. It is his submission ...

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Category : VAT | Comments : 0 | Hits : 108

No penalty/interest can be imposed when surplus input-tax credit is sufficient to adjust reassessed tax demand
Posted Date : 23-Mar-2015 , 05:14:27 pm | Posted By: Vijay

Jayant Patel, J. - The present appeal is directed against the order dated 19.3.2014 passed by the Tribunal, whereby the demand of tax is confirmed, but the interest and penalty imposed are deleted. 2. The Revenue has preferred the present appeal and has formulated various questions,...

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Category : VAT | Comments : 0 | Hits : 100

ITAT couldn't pass ex-parte order without considering adjournment sought on medical grounds of counsel
Posted Date : 23-Mar-2015 , 05:10:32 pm | Posted By: Vijay

1. Appeals filed accompanied by applications for grant of stay having been found to be defective, opportunity was granted by the Tribunal, to remove the defects. Advocate for the petitioner sent a communication and sought time/adjournment, to remove the defects, on account of he being unable...

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Category : Income Tax | Comments : 0 | Hits : 67

AO rightly rejected books when assessee failed to explain reasons for errors found in vouchers and books: HC
Posted Date : 23-Mar-2015 , 05:07:12 pm | Posted By: Vijay

Govind Mathur, J. - The substantial question of law for adjudication before us in this appeal is "whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was justified in holding that the provisions of Section 145(3) of the Act of 1961 are not applica...

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Category : Income Tax | Comments : 0 | Hits : 120

Admission of mistake by Chartered Accountant in computing book profits saves assessee from rigours of concealment penalty
Posted Date : 23-Mar-2015 , 08:00:40 am | Posted By: May I Help You.

Sanjiv Khanna, J. - This appeal by the Revenue challenges the order of the Income Tax Appellate Tribunal (Tribunal, for short) deleting penalty under Section 271(1)(c) of the Income Tax Act, 1961 (Act, for short). The appeal pertains to Assessment Year 2009-10. 2. The finding of the...

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Category : Chartered Accountant | Comments : 0 | Hits : 429

Sale of honeycomb partition frames used for partition of rail coaches are liable to VAT at 5%
Posted Date : 20-Mar-2015 , 05:38:06 pm | Posted By: Vijay

N. Kumar, J. - The Revenue has preferred these petitions challenging the order passed by the Karnataka Appellate Tribunal holding that the honeycomb partition frames supplied by the assessee to the railways, form part of a railway coach and therefore, they fall under specific entry at Sl. No...

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Category : VAT | Comments : 0 | Hits : 66

AO can't make reassessment on basis of objections raised by audit party without recording his satisfaction
Posted Date : 20-Mar-2015 , 05:36:31 pm | Posted By: Vijay

1. These Appeals of the Revenue question the correctness of the view taken by the Tribunal in its order dated 16th May, 2012 for the assessment years 2000-01 to 2002-03. 2. The brief facts in the backdrop of which a substantial question of law would arise for consideration and deter...

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Category : Income Tax | Comments : 0 | Hits : 97

Income declared before SetCom can't be revised; payment of tax on revised income would abate proceedings
Posted Date : 20-Mar-2015 , 05:35:06 pm | Posted By: Vijay

Ms. Harsha Devani, J. - By this petition under Article 226 of the Constitution of India, the petitioner seeks the following substantive reliefs: "(A)   This Hon'ble Court be pleased to call for the records of the proceedings, look into the...

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Category : Income Tax | Comments : 0 | Hits : 73

Sum paid for acquiring right to use technical know-how was revenue exp. as IP rights remained with foreign Co.
Posted Date : 20-Mar-2015 , 05:33:00 pm | Posted By: Vijay

Sanjiv Khanna, J. - This common decision/judgment would dispose of the present set of appeals filed by the Revenue relating to Assessment Years 2000-01, 2001-02 and 2002-03. These appeals impugned the order dated 16th April, 2010 passed by the Income Tax Appellate Tribunal (Tribunal, for sho...

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Category : Income Tax | Comments : 0 | Hits : 71

Act of ICSI of prohibiting associate members from contesting elections of regional council isn't arbitrary
Posted Date : 20-Mar-2015 , 07:58:24 am | Posted By: May I Help You.

Ms. G. Rohini, CJ. - The petitioners claim to be the registered Associate Members of the Institute of Company Secretaries of India ICSI(hereinafter referred to as „the Institute) constituted under the Company Secretaries Act, 1980. 2. This petition is filed with a prayer to qu...

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Category : ICSI | Comments : 0 | Hits : 95

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