Jewellery seized from premises of ex-spouse was to be handed over to assessee being her stridhan; HC

IT : Where in search proceedings carried out at premises of assessee's husband, revenue authorities seized certain gold ornaments, in view of fact that said ornaments belonged to assessee as her stridhan and, Family Court while granting decree of dissolution of marriage had also instructed that assessee would be entitled to all those ornaments, revenue authorities were to be directed to handover said jewellery to assessee

Prior-period exp. are allowable in the current year in which it's crystallized on receipt of actual

IT : There is no requirement under section 36(1)(iii) that assessee should have separate account in respect of non-interest bearing funds from that of interest bearing funds to establish that investments have been made out of its own funds i.e. non-interest bearing funds

Mere Department’s failure to furnish docs relied by them for issuing SCN isn’t enough to set aside d

Excise & Customs : Where Tribunal held in favour of assessee merely because department had not supplied relied upon documents, it was held that Tribunal must have considered appeals on merits in accordance with law and also examined effect of non-supply of said documents on merits/outcome of case

Organizing 'sankirtan' and 'bhandara' is charitable in nature; HC allows sec. 12AA registration to t

IT : Unless it is proved that 'Akhand Naam Sankirtan' which is one type of meditation and activity like 'bhandara' which is for providing food to persons is for any particular community or group of persons, registration under section 12AA cannot be denied to trust

Sec. 80-IB relief allowed in past years couldn't be disallowed abruptly in current year if facts rem

IT : Deduction under section 80-IB being allowed in preceding year, contrary view could not be taken in current year on same facts

HC sets aside ST penalty as assessee was under bona-fide belief that certain activity was not liable

Service Tax : Where assessee was under bona fide impression that activity undertaken by them was only a pre-mining and exploration activity and not covered under Mining Services, penalties levied under sections 76, 77 and 78 may be set aside by virtue of section 80

Mere quoting of identical prices in tender doc won’t constitute cartelization amongst bidders

CL : Where complainant-railway had not been able to brought any plus factor besides factor of identical pricing, even if there was a suspicion based on identical prices, it was not possible to came to a conclusion of cartelization with pre-concerted mind

Income from services carried outside India which weren't attributable to PE in India couldn't be tax

IT/ILT : Where assessee, a Korea based company, received certain amount in pursuance of agreement entered into with an Indian company for carrying out certain activities within India and outside India, in absence of any material on record showing that amount received for performing activities outside India was attributable to business carried out by assessee's PE in India, in terms of articles 5 and 7 of India –Korea DTAA, 25 per cent of said revenue could not be brought to tax in India