No unjust enrichment if assessee assimilated increase in rate of taxes but kept the prices same

Excise & Customs : Where assessee shows, by evidence that price, before and after levy/increase of duty, remained same only because burden of duty was absorbed by him, refund cannot be denied on ground of unjust enrichment

Forced staying period in India on impounding of passport is excludible to determine residential stat

IT/ILT: In order to determine residential status of assessee in India during relevant assessment years, number of days of his forced stay due to untenable impounding of assessee's passport were to be excluded while computing days of his stay in India

Sum paid to members for teaching activities was out of ambit of sec. 13 if members weren’t paid for

IT : Where all members of assessee-trust were engaged in whole time management activities of Trust and as regular time teachers and were being paid salaries from earning of these schools and were not being paid any extra salary for management work, there was no violation of provisions of section 13(2)(c) and assessee was entitled to benefit of exemption under section 11

HC orders winding-up of respondent-co. as it failed to pay agreed sum to petitioner for advertisemen

CL : Where respondent company failed to pay agreed fee to petitioner for display of advertisement on bus shelters and other places, respondent was to be ordered to be wound up

Supply of technical know-how in India won’t fall under ‘Consulting Engineer’s Service’

Service Tax : Where assessee was supplying know-how by way of patents, trade secrets, processes, etc. so that recipient in India can undertake manufacture, said activity did not come under 'Consulting Engineer's Service'

Allotment of prorated additional shares to existing shareholders is out of ambit of sec. 56(2)(vii),

IT : Where additional shares of a company were allotted pro rata to shareholders including assessee based on their existing shareholding, there was no scope for any property being received on said allotment of shares and, consequently, provisions of section 56(2)(vii)(c) did not apply to difference in book value and face value of additional shares

Sec. 76 penalty may be reduce to nil and not partially if reasonable causes are shown under sec. 80

Service Tax : Once reasonable cause under section 80 is established, no penalty is imposable and even a reduced quantum of penalty cannot be imposed; therefore, there is no discretion in authority to levy penalty under section 76 below prescribed minimum

Society accepting deposits from non-members is a Primary Co-op. bank and not entitled to sec. 80P de

IT : Where assessee-society having paid up share capital and reserves in excess of Rs. one crore, accepted deposits from non-members also and, moreover, bye-laws of society did not permit admission of other co-operative society as a member, assessee was to be regarded as a primary co-operative bank in terms of section 80P(4) and, thus, its claim for deduction under section 80P(2)(a)(i) was to be rejected

Tribunal’s order relying on precedents of a larger bench couldn’t be challenged unless they were rev

Excise & Customs : Where Tribunal has passed orders following binding precedents of its larger bench and high court, said order cannot be challenged as invalid merely because precedents have been further challenged except when such precedents have been reversed

Sec. 54F stipulates deposit of unutilized sum within due date specified under sec. 139(1) and not se

IT : 'Due date' mentioned under section 54F is due date for filing return under section 139(1) and not under section 139(4)

CUP method is most appropriate for comparability analysis if internal comparable transactions are av

IT/ILT: Where internal comparable uncontrolled transactions are available, adoption of CUP method as most appropriate method for purposes of comparability analysis in respect of international transactions of export of goods to AE deserves to be upheld

Interest to be paid on taxes paid to the revenue belatedly for availing of deferment facility

CST & VAT: Where assessee applied for deferment facility and during pendency of application for deferment it sold out its unit on 23-12-2002 and thereafter Commissioner vide his order dated 17-6-2004 allowed deferment on manufactured products during 31-10-1996 to 23-12-2002 but directed to deposit admitted tax within three months from 23-12-2002, since assessee deposited entire amount of admitted tax belatedly on 30-6-2004, it was liable to pay interest on above amount of tax after three months

Specific performance of transfer of shares can’t be sought under guise of rectification of register,

CL : Specific performance of transfer of share cannot be sought under guise of rectification of register

CBDT mandates e-filing of reports prescribed under Sections 10AA, 44DA, 50B and 115VW wef April 1, 2

IT/ILT : Income-Tax (Sixth Amendment) Rules, 2014 – Amendment in Rule 12 and Substitution of Forms ITR-3, ITR-4, ITR-5, ITR-6 & ITR-7

Processing of transformer oil doesn’t bring any new article into existence; no sec. 80-IA deductions

IT : Where transformer oil had been purchased by assessee from market and centrifuging i.e., processing had been done by centrifugal machine in order to make it usable in transformer and no articles or things had emerged from said processing, assessee was not entitled to benefits of 100 per cent deduction under section 80-IA