CST & VAT : Where assessee had imported goods into State of U.P. from outside State and column 6 of Form 38 accompanied with goods was not filled in and left blank and Assessing Authority after recording a finding that by keeping column 6 of Form 38 blank such form could be repeatedly used for successive import so as to evade payment of tax, imposed penalty under section 54(1)(14) of U.P. Value Added Tax Act, 2008 upon assessee, imposition of penalty was justified
Thursday 1 May 2014
[Indian Customs Order] : Appointment of Common Adjudicating Authority
F.No.437/38/2014-Cus-IV
Government of India
Ministry of Finance
(Department of Revenue)
Central Board Excise & Customs
*****
New Delhi, dated 30th April, 2014
ORDER
In terms of Notification No.15/2002-Customs (N.T.) dated 07.03.2002 (as amended) issued under sub-section (1) of section 4 of the Customs Act, 1962 (52 of 1962), the Board hereby assigns the Show Cause Notice F.No. VIII/26/08/2010-DRI HRU dated 15.02.2014 issued by Additional Director General, Directorate of Revenue Intelligence, Zonal Unit, Chennai in the case of M/s Mahanagar Telecom Nigam Limited, (MTNL), Jeevan Bharati Tower-I, 13th Floor, 124, Connaught Circus, New Delhi – 110 001 and others to the Commissioner of Customs (Import), Jawaharlal Nehru Custom House, Nhava Sheva, Uran Taluk, Raigad, Maharashtra for the purpose of adjudication.
(R.P.Singh)
Director (Customs)
Copy to:-
1. The Additional Director General, Directorate of Revenue Intelligence, 25, Gopalakrishna (Iyer) Road, T. Nagar, Chennai-600017.
2. The Commissioner of Customs (Import), Jawaharlal Nehru Custom House, Nhava Sheva, Uran Taluk, Raigad, Maharashtra.
3. The Commissioner of Custom, ICD, Tughlakabad, New Delhi
4. The Commissioner of Customs (Import) New Custom House, Air Cargo Complex, near IGI Airport, New Delhi.
5 The Commissioner of Customs, Air Cargo Complex, Sahar, Andheri (E), Mumbai.
6. webmaster.cbec@icegate.gov.in.
[Indian Customs Order] : Appointment of Common Adjudicating Authority
F.No.437/29/2014-Cus-IV
Government of India
Ministry of Finance
(Department of Revenue)
Central Board Excise & Customs
*****
New Delhi, dated 30th April, 2014
ORDER
In terms of Notification No.15/2002-Customs (N.T.) dated 07.03.2002 (as amended) issued under sub-section (1) of section 4 of the Customs Act, 1962 (52 of 1962), the Board hereby assigns the Show Cause Notice http://ift.tt/1jnhUHn dated 28.01.2014 issued by Additional Director General, Directorate of Revenue Intelligence, Zonal Unit, Ahmedabad in the case of M/s Krishna Colour Chem, Morbi Parshwanath Complex-1, Trajpar, Morbi and others to the Commissioner of Customs, New Custom House, Near Balaji Temple, Kandla for the purpose of adjudication.
(R.P.Singh)
Director (Customs)
Copy to:-
(i) The Additional Director General, Directorate of Revenue Intelligence, Zonal Unit, Ahmedabad, Rupen Bungalow, near Jain Merchant Society, Paldi, Admedabad-380007.
(ii) The Commissioner of Customs, New Custom House, Near Balaji Temple, Kandla.
(iii) The Commissioner of Customs (Imports), Air Cargo Complex, Sahar, Andheri (E), Mumbai.
(iv) The Commissioner of Customs, Customs House, Near All India Radio, Navrangpura, Ahmedabad-380009.
(v) webmaster.cbec@icegate.gov.in.
[Indian Customs Order] : Appointment of Common Adjudicating Authority
F. No.437/43/2013-Cus-IV
Government of India
Ministry of Finance
(Department of Revenue)
Central Board Excise & Customs
*****
New Delhi, dated 30th April, 2014
ORDER
In terms of Notification No.15/2002-Customs (N.T.) dated 07.03.2002 (as amended) issued under sub-section (1) of section 4 of the Customs Act, 1962 (52 of 1962), the Board hereby assigns the Show Cause Notice http://ift.tt/1jnhUHh dated 06.05.2013 issued by Additional Director General, Directorate of Revenue Intelligence, Mumbai Zonal Unit, Mumbai in the case of M/s H.V. Jewels (P) Limited, Dreamland Building, 3rd Floor, Block No.A1, Opera House, Mumbai to the Commissioner of Customs, Chhatrapati Shivaji International, Airport, Mumbai for the purpose of adjudication.
(R.P.Singh)
Director (Customs)
Copy to:-
1. The Additional Director General, Directorate of Revenue Intelligence, Mumbai Zonal Unit, UTI Building, 13, Vithaldas Thackersey Marg, New Marine Lines, Mumbai-400020.
2. The Commissioner of Customs (Import & General), New Delhi.
3. The Commissioner of Customs, Chhatrapati Shivaji International, Airport, Mumbai.
4. The Additional Commissioner of Customs, Ahmedabad
5. webmaster.cbec@icegate.gov.in
Sec. 40(b) couldn't be invoked to disallow bonus paid to non-working partner pursuant to partnership
IT : Where in terms of partnership deed assessee-firm paid bonus to all partners including working partners, conditions prescribed under section 40(b) stood fulfilled and, thus, Assessing Officer could not disallow said payment in case of one partner holding that he was not a working partner
HC dropped contempt proceedings against revenue for coercive recovery after unconditional apology of
Excise & Customs : Where revenue had initiated coercive recovery during pendency of stay application of assessee, said proceedings were quashed and contempt proceedings against revenue were dropped after unconditional apology
SAT upheld penalty slapped by SEBI as appellant was involved in synchronized trading and price manip
SEBI : Where appellants had traded in a huge number of shares of a company via off-market transactions and transferred said shares in and on-market transactions by way of reversal/synchorised trades within a short span of period, appellants were guilty of manipulating price of scrip
ITAT sets aside TP adjustment as comparables selected by TPO were improper pursuant to higher turnov
IT/ILT-I : Where in transfer pricing proceedings, TPO made adjustment to assessee's ALP in respect of software development services, in view of fact that two comparables selected by TPO were improper on account of very high turnover, impugned adjustment was to be set aside and, matter was to be remanded back for disposal afresh
Entry tax paid on JCB excavator was not allowable as rebate against Kerala VAT
CST & VAT : As per section 12 of Kerala VAT, all conditions and restrictions applicable to claim of input tax credit are applicable to claim of rebate; therefore, when JCB excavator is in negative list and ineligible for benefit of input tax credit, benefit of rebate is also not available
Asstt. Commissioner can issue notice to transporters and drivers to check docs accompanied with good
VAT : Where Assistant Commissioner checked two vehicles transporting goods from Jalandhar to Raipur through State of UP and Assistant Commissioner having found that documents accompanied with goods were bogus issued notice on transporter and drivers of vehicles under section 50 of U.P. Value Added Tax Act, 2008, Assistant Commissioner issued impugned notice within his jurisdiction
Entry tax paid or JCB excavator was not allowable as rebate against Kerala VAT
CST & VAT : As per section 12 of Kerala VAT, all conditions and restrictions applicable to claim of input tax credit are applicable to claim of rebate; therefore, when JCB excavator is in negative list and ineligible for benefit of input tax credit, benefit of rebate is also not available
No denial of sec. 54 relief if property was eventually converted into commercial property
IT: It is intention of parties when development agreement was entered into and municipal permissions were obtained, which determines nature of property sought to be acquired, and subsequent change in user of property does not disentitle assessee to relief under section 54
Assessee couldn’t claim pendency of COD clearance merely by re-filing COD clearance request
Excise & Customs : Where assessee's application for clearance from Committee on Disputes (CoD) was rejected in 2006, right of assessee to pursue challenge stood terminated; therefore, application filed on 11-2-2011 for reconsideration could not be regarded as 'pending' on 17-2-2011 so as to automatically allow appeal
Successor Co-op. Societies can’t claim set-off losses of amalgamating societies; Sec. 72A meant for
IT: Section 72A provides for setting off losses on amalgamation of companies only - There is no provision in the Income-tax Act, which would permit the amalgamating co-operative society to carry forward and adjust such losses against the profits of the amalgamated co-operative society – Benefits conferred to one class of legal entities does not mean that the legal entities not referred to in the Act would also get the same benefit
HC calls for swiftly disposal of appeals, sets aside order as there was excessive delay in verdict e
Excise & Customs : Undue delay in delivery of judgment after hearing is, in itself, sufficient to set aside impugned order without considering merits of order
HC directed RBI to allow NBFC Co. to use its SLR investment for payment of interest to depositors
RBI : Where petitioner NBFC requested RBI to permit it to use SLR investment for making payment to secured creditor banks under a OTS proposal, in view of fact that company court was monitoring recovery and payment of dues of petitioner NBFC and on discharging dues of petitioner to creditor banks under OTS all other assets would become available for benefit of depositors, RBI was obliged to exercise its discretionary power to grant exemption to liquidate SLR investment so that suffering of depos
Sec. 80-IB(12) doesn't restrict relief to cases of transfer made under amalgamation or demerger sche
IT: In terms of sub-section (12) of section 80-IB, it is not necessary that deduction has to be allowed only where transfer of unit/industrial undertaking is under scheme of amalgamation or demerger
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