Saturday 7 December 2013

CBDT revises work distribution in Foreign Tax and Research Tax division

IT/ILT : Revision of work distribution in Foreign Tax and Tax Research (FT&TR) division under Central Board of Direct Taxes (CBDT)


CIT exercised revisionary power as AO accepted facts on their face without carrying out necessary en

IT: Where Assessing Officer did not make any enquiry on issue of outstanding credit and accepted fact on its face value, Commissioner was justified in setting aside assessment order


Principle of res judicata can override contrary ruling of Supreme Court; CESTAT rules in assessee's

Excise & Customs : Where earlier judgment of Tribunal in case of very same assessee had been accepted by Department, principle of res judicata is applicable and judgment of Tribunal will govern case despite contrary Supreme Court judgment


CIT can't exercise his revisionary power on an issue carefully considered by AO if CIT states nothin

IT : Where Assessing Officer, during course of original assessment proceedings, delved deep into question of deduction under section 80HHF and was satisfied that deduction made were as per law, Commissioner could not revise amount without recording contrary finding


Civil court has no jurisdiction to entertain suit against search proceedings made under IT Act

IT: Civil court has no jurisdiction to entertain suit against proceeding for search and seizure which were taken under section 132


Hamali charges aren't includible in value of yarn for levying excise duty

Excise & Customs : Hamali Charges, which were post-manufacturing expenses incurred after removal of goods from factory, cannot be included in value of yarn for levy of excise duty