Packing and storage of products won’t be deemed as manufacturing activity for purposes of sec. 10B b

IT : Where assessee, engaged in business of manufacturing and exporting of food items, claimed benefit of section 10B, in view of fact that snacks were manufactured by suppliers and assessee merely took a follow-up action for packing and storing products, it would not partake character of 'manufacturing' activity and, thus, assessee's claim was to be rejected

Process undertaken on imported chassis in compliance with Motor Vehicle Rules amounted to manufactur

Excise & Customs : Process undertaken on imported chassis so as to comply with Motor Vehicle Rules and so as to finished touch/marketability is incidental or ancillary process under section 2(f)(i) of Central Excise Act, 1944

Revisionary order of CIT set aside as AO had correctly made sec. 14A disallowance in compliance with

IT : When there was no material on record showing that interest paid by assessee was attributable to funds borrowed for investment in material funds which yielded exempt income, impugned disallowance made in terms of clause (ii) of sub-rule (2) of Rule 8D deserved to be deleted

Revenue couldn’t demand ST from builder if ST collected from buyers was paid by contractor

Service Tax : Where Service tax collected by builders from buyers is deposited with Revenue by contractor being job worker for builders, revenue cannot be allowed to receive service tax again in respect of same construction activities from buyer by taking resort to section 73A

HC dismissed writ as alternate remedy was available to challenge issue regarding validity of reasses

IT: Issue as to whether notice for reassessment was issued within period of limitation could be raised in appeal; writ was not required

HC kept garnishee order against assessee’s client in abeyance as it was only source of earning of as

CST & VAT: Where assessee, a Government of India undertaking, had entered into an agreement with Damodar Valley Corporation (DVC) for supply of equipment and materials and for rendering services and Assessing Officer completed assessments of assessee and raised tax demand upon it and in meantime Deputy Commissioner issued a garnishee order under section 46 of Jharkhand Value Added Tax Act, 2005 directing DVC to pay certain amount in Government Treasury against tax due from assessee, since assess

Hero Moto Corp didn't abuse its dominance by revoking dealership due to induction of new partners by

Competition Act: Where new partners were inducted into dealer-firm without manufacturer's approval and manufacturer cancelled old agreement and entered into such an agreement with a firm newly constituted with original partners of old firm, no competitive issue arose

ITAT directs afresh TP study as comparables selected by assessee and TPO weren’t appropriate for ITE

IT/ILT : Where TPO made certain addition to assessee's ALP in respect of rendering IT enabled services to its Associated Enterprises (AEs), in view of fact that some of comparables were improperly included or excluded by assessee as well as TPO on account of related party transactions, turnover filter, volume of business, functional difference and apportionment of operating expenses, etc., impugned adjustment was to be set aside and, matter was to be remanded back for disposal afresh

Pre-deposit couldn’t be held as invalid if it was ordered by ITAT after considering merits of the ca

Service Tax : Where prima facie merits of demand including invocation of extended period have been considered by Tribunal in deciding pre-deposit, said pre-deposit cannot be termed as invalid

Repayment of bank loan by guarantor on default of its JV Co. wasn’t allowable to it as revenue exp.

IT: Where assessee furnished guarantees to different banks against extension of credit facilities to its JV company, in view of fact that JV did not perform well and said guarantee came to devolve on assessee which was settled at a discount by way of one time settlement (OTS) entered into with creditors, amount so paid under OTS could not be allowed as business expenditure or business loss

CESTAT upheld penalty as assessee had wilfully made mis-declaration of value and quantity of goods t

Excise & Customs : Penalty was to be levied, when an exporter deliberately made mis-declaration in respect of value and quantity of goods in an attempt to export

An assessee is entitled to interest on tax refund even if it arises after adjustment of MAT credit

IT: An assessee is eligible for interest on refund arising out of MAT credit

Income accrues on completion of services; ITAT accepts Completion Contract Method for revenue recogn

IT : Where work related to installation and erection of equipment had been completed in subsequent years, accrual of income happened only in subsequent years when assessee gets an enforceable right to receive same even if in accounts assessee had shown it as income and TDS had been claimed by him

Assessee can’t ask for copy of all docs relied upon by revenue without specifying list of docs requi

Service Tax : Assessee may demand copy of documents in possession of Department, which are relied upon by revenue; general request for supplying all documents in possession of department cannot be acceded to

Royalty payments allowed in earlier years couldn’t be doubted by TPO in later years without any chan

IT/ILT : Where for earlier assessment years, payment of royalty to AE was being claimed and allowed as business expenditure of assessee, in absence of any new facts, for relevant assessment year TPO erred in law for determining Arm's Length Price (ALP) of royalty payment to AEs of assessee at NIL

Small concrete block liable to VAT at 4% as it falls under Entry No. 18(5) of Third Schedule of Kera

CST & VAT : Where assessee was engaged in manufacture of small concrete block which was used in between steel structure and shutter to enable steel structure to be few inches above shutter level so that if different blocks were placed in different places it would maintain a uniform level for steel to be placed within concrete slab, said product would fall under Entry No. 18(5) of Third Schedule of Kerala Value Added Tax Act, 2003 and taxable at rate of 4 per cent

No reassessment by AO to disallow provision of exchange difference on repayment of loan on change of

IT: Reassessment beyond four years to tax exchange difference on Foreign Currency loan was unjustified in view of fact that required revelation for exchange difference on said loans were already mentioned in balance-sheet of assessee

No abuse of dominance by opposite party as it was not a dominant player in real estate market for re

Competition Law : TDI though a reputed player in real estate market for retail outlets is not a dominant player in terms of number of projects and gross leviable area