Appeal once rejected by Committee on Dispute couldn’t be admitted even if Committee was declared non

IT : Appeals of revenue which was not permitted by COD when it was functional, cannot be filed later on when COD is declared non-functional

No suspension of CHA license after 3 years of import if it was not based on report of investigating

Excise & Customs : Suspension of CHA license based on recommendation against CHA by authority (other than investigating authority) made after 3 years from import was belated and was vitiated, as it was not based on report of investigating authority

No sec. 69A additions if jewellery found in search was within permissible limit as stipulated by CBD

IT : Where jewellery found in possession of assessee's family was personal wearing of ladies and same was within permissible limit stipulated by CBDT Circular, no addition was to be made

Department can’t demand ST from GTA service provider if its services falls under reverse charge

Service Tax : If assessee is providing GTA services falling under reverse charge, prima facie, no demand can be raised from him

‘Javed Akhtar’ got 50% deduction for getting replaced his Society’s lift benefitting his professiona

IT : Where assessee had incurred expenditure on replacement of new lift to remove hardship and inconvenience to his professional work as well as family life due to frequent breakdown of old lift, 50 per cent of total expenditure which was for professional purpose would be allowed as revenue expenditure

No invocation of extended period if Cenvat credit was availed of by reflecting it in statutory recor

Cenvat Credit : Where credit is availed by reflecting same in statutory records, no mala fide can be attributed to assessee and extended period of limitation is not invocable

Appellant must make disclosure under SAST even if trading is suspended or no loss is suffered by inv

SEBI : Under SAST Regulations, 1997 as also under SAST Regulations, 2011 disclosures are liable to be made within specified days irrespective of scrip being traded on exchange or not

Discount to NR on export order won’t be hit by rigours of withholding tax provisions

IT/ILT : Where Assessing Officer disallowed certain amount of bonus allegedly paid by assessee to a foreign party without deducting tax at source, in view of fact that said amount was infact trade discount and, moreover, assessee had brought on record certain additional evidence in support of its claim, impugned disallowance was to be deleted and, matter was to be remanded back for disposal afresh

Service of Mineral water at restaurants is liable to 10% VAT under Bombay Sales Tax Act

CST & VAT : Where assessee was running several restaurants having permit rooms which served Indian Made Foreign Liquor as well as non-alcoholic drinks, mineral water served to customers at restaurants would fall under Entry No. 14 of Part II of Schedule C of Bombay Sale Tax Act, 1959 and was liable to tax at 10 per cent

No extension of time-limit for assessment in case of any finding or direction of ITAT without hearin

IT : When as a result of a finding or direction in an appellate order, income of one person is held to be income of another person, assessment of such another person can be eligible for relaxation from time barring provisions only if such other person was given an opportunity of being heard before said order (i.e., appellate order) was passed

Principle of unjust enrichment is applicable on ad-hoc deposit of excise duty during pendency of dis

Excise & Customs : Payment being 'Ad hoc deposit towards Union Excise duties pending disputes' or 'Differential duty paid under protest' are payment of 'duty' and are not 'security deposit' and, therefore, refund thereof attracts principle of unjust enrichment

HC denies sec. 10(23C) relief as repair exp. was paid merely to siphoned away the trust’s money

IT : Where assessee trust raised a claim for exemption under section 10(23C), in view of fact that assessee had paid certain amount as repairs which ultimately landed in hands of father of Chartered Accountant of trust who was totally unconnected with repairs work, Assessing Officer rightly inferred that money had been siphoned away from trust and thus its claim for exemption was to be rejected

Delay in filing appeal to be condoned if non-condonation would lead to denial of benefit of retro-ex

Service Tax : Where assessee, being government department, had been granted retrospective exemption vide ad hoc exemption order, delay in filing appeal by assessee must be condoned as non-condonation would render exemption a nullity

RBI extends applicability of existing all-in-cost ceiling of ECBs till Dec. 31, 2014

FEMA/ILT : External Commercial Borrowing (ECB) Policy — Review of All-in-Cost Ceiling

Rental payments for accommodation of land-owners weren’t a part of consideration in Joint developmen

IT : Where on date of agreement complete consideration was not paid by developer to assessee, date on which actual possession of land was given to developer would be considered as date of transfer

No VAT penalty if assessee had included entry tax in sale price of car without any wilful intention

CST & VAT: Where Assessing Authority revised assessment orders of assessee and levied penalty upon it under section 16(2) of Tamil Nadu General Sales Tax Act, 1959 on plea that at time of sale of car assessee had prepared invoice and included entry tax paid on purchase value of car into price for purpose of charging sales tax, there was no suppression of turnover by assessee with a wilful intention and, therefore, levy of penalty was not justified

Writ not maintainable against pre-deposit order as it can be challenged in statutory appeal

Service Tax : Writ petition is not maintainable against pre-deposit order; said order can be challenged in statutory appeal

CIT had rightly exercised his revisionary powers when AO had made assessment without any examination

IT: Where there was non-application of mind while considering assessment under section 143(3) and procedure adopted would have implication on tax computation which ultimately caused prejudice to revenue, matter was remanded to Assessing Officer for fresh consideration

HC rejected winding-up of co. as it had proved its ability to pay debt

Company law: Where respondent company had sufficiently demonstrated that it was not incapable of paying its debts and it had made part payments even during course of this proceeding and submitted a schedule for further payments, respondent company was to be permitted to identify and enable sale of apartment in favour of a third party to discharge its dues to bank as well as petitioner company; winding up petition was to be closed

CBDT releases clarification on taxation of Alternate Investment funds

IT : Section 164 of The Income-Tax Act, 1961 - Charge of Tax Where Share of Beneficiaries Unknown - Clarification on Taxation of Alternative Investment Funds Having Status of Non-Charitable Trusts under Income-Tax Act, 1961

HC allows exchange difference loss on refund of customer’s advance relying upon ITAT’s order for pri

IT : Deduction on account of loss being exchange difference on refund of customer's advance relying upon Tribunal's order for prior assessment year of same assessee, to be allowed

Filing of ARE-1 is mandatory to avail of export rebate; non-compliance thereof would lead to denial

Excise & Customs : Procedure of filing of ARE-I, which is foundation in respect of verification of commodity sought to be exported and its exportability, etc., is mandatory and not directory/condonable and non-compliance therewith would lead to denial/rejection of rebate claims