Issues concerning levy of custom duty and classification of goods were not appeal before the High Co

Excise & Customs : Where issues involved are levy of customs duty and classification of goods, grievance that 'Tribunal has not given a specific finding with regard to classification of goods' is also appealable before Supreme Court only, not High Court

No liability of director to pay taxes of Co. if he was appointed after conversion of private co. int

IT : Where a company was initially incorporated as a private company in September, 1991 and it was converted into a public limited company on 5-4-1995 and thereafter assessee became its director on 9-3-1996, since assessee joined company as a director only after it was converted into a public limited company, outstanding dues of company could not be recovered from him under section 179

Electricity charges and donations for booking of marriage hall are liable to luxury tax

CST & VAT : Electricity charges and voluntary contributions or donations received from persons booking marriage hall are includible in 'marriage hall charges' and are liable to luxury tax

As levy of penalty would cause double jeopardy, Appellate Tribunal remanded matter for fair trial

Foreign Exchange Lows : Where appellant submitted that remittances regarding which penalty had been imposed by impugned order for contravention of section 8 had already been adjudicated by previous order and imposing penalty again in respect of said remittances being bad amounting to double jeopardy, issue regarding such entries of remittances being common in two orders was essential to be considered and determined for right decision on merits

No withholding of tax from installation charges included in purchase price of machinery acquired fro

IT/ILT: Where assessee purchased certain complex machinery from abroad, in view of fact that installation charges of said machinery were included in purchase price itself, assessee was not required to deduct tax at source while making payment of said charges

MCA puts compulsion of pre-certification of e-forms on all cos. excluding small cos. and one person

COMPANIES ACT, 2013/INDIAN ACTS & RULES : Companies (Registration Offices and Fees) Amendment Rules, 2014 - Amendment in Rules 8 and 9

Larger bench gives prospective effect to CBDT’s Instructions on revised monetary limits for filing o

IT: Revised monetary limits for filing of an appeal as specified by CBDT through an Instruction of 2011 would not apply to all pending appeals

Issuing cenvatable invoices without actual delivery of goods attracts penalty even prior to insertio

Excise & Customs : A registered dealer issuing Cenvatable invoices without actual delivery of goods is liable to penalty under rule 26(1) or 25(1)(d) of Central Excise Rules, 2002, even for period prior to specific Rule 26(2) covering said offence

HC raps AO for issuing garnishee notice promptly on denial of stay on recovery proceedings; directs

IT : Where Assessing Officer rejected stay application on recovery of tax demand and issued garnishee order on same date when stay application was rejected, though technically no fault could be found with Assessing Officer, still there was an element of impropriety in his action

Issuing cenvatable invoices without actual delivery of goods attracts penalty even prior insertion o

Excise & Customs : A registered dealer issuing Cenvatable invoices without actual delivery of goods is liable to penalty under rule 26(1) or 25(1)(d) of Central Excise Rules, 2002, even for period prior to specific Rule 26(2) covering said offence

Specific grants disbursed by Govt. for implementation of its schemes couldn't be deemed as income of

IT : Where assessee-authority has been constituted by Government for specific purposes of carrying on activities of Government and where grants and advances or loans are disbursed by Government to assessee, said grants and advances cannot be held to be income of assessee

Tribunal may remand matter subject to conditions of per-deposit and underlying reasons thereof

Service Tax : Section 35C empowers Tribunal to remand case back with such directions as Tribunal may think fit and said 'directions' may, in an appropriate case and subject to reasons, include an order of pre-deposit to protect interest of revenue

Only businessmen can rightly assess reasonableness of salary paid to competent specified person unde

IT : Where all payments to sub-contractors were made by account payee cheques and sub-contractors admitted that they had received amount from assessee for job-work done by them and tax had also been duly deducted in their respective cases, disallowance of such expenses was not justified

Delay in filing claim for refund won't upset assessee's statutory right to claim it

CST & VAT : Where assessee purchased chemicals from one 'M' after payment of tax at rate of 4 per cent and subsequently 'M' having found that above commodity was taxable at rate of 12.5 per cent raised debit note in July, 2006 upon assessee demanding tax difference of Rs. 1.40 lakhs and assessee promptly paid said amount and claimed tax rebate of same in VAT return filed for December, 2006, delay in putting forth claim for refund did not in any way affect assessee's right to claim said amount an

Re-assessment notice was valid as accommodation entries to assessee were confirmed by a CA’s confess

IT : Where Assessing Officer had reopened assessment of assessee-company plea that it had arranged accommodation entries from four bogus companies created by a Chartered Accountant in lieu of cash deposits of equal amount plus premium which were not disclosed to department, notice for reopening assessment proceedings was valid

HC remands matter as Tribunal examines validity of assessment order in an appeal against pre-deposit

CST & VAT: Where Appellate Authority while considering assessee's application for waiver of pre deposit of assessed tax ordered assessee to deposit entire assessed tax by way of pre deposit and Tribunal, on appeal filed against impugned order, decided several issues pertaining to validity of assessment order and allowed appeal in part, Tribunal committed serious error in examining validity of assessment order in an appeal concerning question of pre deposit

New e-forms under the Companies Act, 2013 are available for filing, says MCA

COMPANIES ACT, 2013 : Availability of E-Form/Non-E-Form Under the Companies Act, 2013

ITAT stayed recovery of tax as assessee had made a strong case against TP adjustment

IT : Stay on recovery of demand be granted as assessee had made out a prima facie case that T.P. adjustment so made was not warranted