Assessee couldn't be expected to foresee retro-amendment to sec. 115JB and pay advance tax, says ITA

IT : Diminution in value of assets is not an admissible expenditure for computing income of assessee under section 115JB when assets are held as investments

Possession of unaccounted materials proved malafide intent of removing material stealthily; penalty

Excise & Customs : Raw material is excisable goods and an assessee enjoys cenvat credit thereon; if it is possessed unlawfully by assessee, such goods are covered by rule 25 of Central Excise Rules, 2002 read with section 11AC for penal action

Cultivation of agricultural land by assessee himself isn't precondition to exempt cap gains arising

IT : Assessee could be allowed exemption under section 10(37), even if agricultural land was not cultivated by assessee himself but through hired labourer or other family member

Consumables used during setting up or maintenance of factory were eligible for credit

Cenvat Credit : Consumables such as enamels, paints, polyester resins, electrodes and chemicals used/consumed by assessee during installation/erection or setting up or maintenance of factory are eligible for credit

Partnership Act doesn't bar an unregistered partnership firm from filing a winding-up plea against a

CL : Winding up petition can be filed by an unregistered partnership firm against company based on statutory right under section 433 and not based on any contractual liability; bar of section 69 of Indian Partnership Act, 1932 will not be aplicable

Sum paid for high speed internet connectivity via assured bandwidth is royalty under India-USA DTAA

IT/ILT: Payment for use of 'process' provided by assessee, whereby through assured bandwidth, customer was guaranteed transmission of data and voice, was 'royalty' as per section 9(1)(vi)

CESTAT grants refund of excess excise duty owing to liquidated damages deducted by buyer from agreed

Excise & Customs : If, owing to delay in delivery, assessee receives lesser amount than generically agreed price, on account of liability to 'liquidated damages', then, resultant price would be 'transaction value' and duty would be payable only on that value and assessee may claim refund of any resultant excess duty paid

No reassessment by AO by changing his reasons for disallowance after CIT(A) reversed his orders, rul

IT : Pending appeal before Tribunal in respect of allowability of expenditure on account of interest liability on secured premium notes issued by assessee, re-assessment on ground that said liability did not accrue during relevant year, was unjustified

Govt. grants ST exemption in respect of pilgrimage services provided by specified entities

ST LAWS : Section 66B of the Finance Act, 1994 - Charge of Service Tax on and After Finance Act, 2012 - Exemption to Specified Services – Amendment in Notifiction No.25/2012-ST, Dated 20-6-2012

Free supplies won’t form part of gross consideration for abatement purposes; ratio of ‘Bhayana Build

Service Tax : In G.D. Builders, Delhi High Court merely upheld validity of abatement Notification No. 1/2006-ST but did not interpret it; therefore, in view of interpretation of said Notification in Bhayana Builders (LB), free supplies will not form part of gross consideration for grant of abatement

Demand notice wasn't required to levy penalty if self-assessment tax wasn't paid within stipulated t

IT: Where assessee had not shown sufficient cause for non-payment of tax within stipulated time, penalty levied by Assessing Officer under section 221 read with section 140A(3) was to be confirmed; there was no requirement of issue of notice of demand under section 156

Assessee couldn’t claim refund of excise duty due to reduction in price of goods after their removal

Excise & Customs : Duty is payable at rate and value determined at time of removal; any subsequent reduction in price would not make assessee eligible for refund of proportionate duty

Interest on FDRs taxable on gross basis; no deduction for interest on borrowings taken on security o

IT: Land situated beyond municipal limits or beyond 8 kms radius of notified municipality, was agricultural land and, therefore, could not be treated as capital asset within meaning of section 2(14)

No writ against orders of Assessing Authority if assessee had alternate remedy of filing revision ap

CST & VAT : Where Assessing Authority rejected assessee's application filed under section 84 of Tamil Nadu Value Added Tax Act, 2006 and against impugned order, assessee filed writ petition, since assessee was having an alternative remedy under section 54, it was given liberty to file revision under section 54

Supervisory services without having control of physical sites couldn’t constitute a PE as per DTAA w

IT/ILT : In terms of article 5(2)(i) of India Germany DTAA, supervisory activities by themselves cannot constitute a PE in India in India as said activities are to be in connection with a building, construction or assembly activity of non-resident in India

Extending benefits to hospitals only with NABH accreditation wasn’t abuse of dominance by DG of heal

Competition Act : Where op-DGHS was not directly engaged in any economic and commercial activities and different rates of empanelment fees prescribed by it for NABH accredited hospitals were not anti-competitive, there was no abuse of dominant position by DGHS

[Indian Customs Order] : Appointment of Common Adjudicating Authority

F. No. 437/97/2014-Cus IV

Government of India

Ministry of Finance

Department of Revenue

(Central Board Excise & Customs)

*****

New Delhi, dated 21 st August, 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/26/01/2013-DRI-HRU,

http://ift.tt/1BIS49d and F http://ift.tt/1s8sbZU dated 20.06.2014

issued by Additional Director General, Directorate of Revenue Intelligence, Chennai Zonal

Unit, Chennai in the case of M/s S.J. Marketing , Hyderabad, M/s Sukaso Ceracolors Pvt.

Ltd., Hyderabad and Grindwell Pulverizers Pvt. Ltd., Uttarakhand to the Commissioner of

Customs, Hyderabad-II Commissionerate, 7 th floor Kendriya Shulk Bhavan, Basheerbagh,

Hyderabad for the purpose of adjudication.

(R.P.Singh)

Director (Customs)

Copy to:-

1. The Additional Director General, DRI, 25, Gopalakrishna (Iyer) Road, T. Nagar,

Chennai 600017.

2. The Commissioner of Customs, Hyderabad-II Commissionerate Kendriya Shulk

Bhavan, 7 th Floor, Basheerbagh, Hyderabad-500001

3. The Commissioner of Customs (Import), Chennai Sea Port, Custom House, 60 Rajaji

Salai, Chennai-600001

4. The Commissioner of Customs, Meerut-II Commissionerate, Opp. Shaheed Park (near

Ashok Ki Lat), Delhi Road, Meerut (U.P)

5. webmaster.cbec@icegate.gov.in

[Indian Customs Order] : Appointment of Common Adjudicating Authority

F.No.437/96/2014-Cus IV

Government of India

Ministry of Finance

Department of Revenue

(Central Board Excise & Customs)

*****

New Delhi, dated 21 st August, 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/ 26/08/2013-DRI- HRU(A)

dated 25.04.2014 issued by Additional Director General, Directorate of Revenue

Intelligence, Chennai Zonal Unit, Chennai in the case of M/s Tirupathi Enterprises, Shop

No.18 & 19, Ground Floor, 5-3-856, Nandini Complex, Goshamahal, Hyderabad to the

Commissioner of Customs, Port (Import), Custom House, 60 Rajaji Salai, Chennai for the

purpose of adjudication.

(R.P.Singh)

Director (Customs)

Copy to:-

1. The Additional Director General, DRI, 25, Gopalakrishna (Iyer) Road, T. Nagar,

Chennai- 600017.

2. The Commissioner of Customs, Port (Import), Custom House, 60 Rajaji Salai,

Chennai-600001

3. The Commissioner of Customs (Airport & Air Cargo), Integrated Air Export

Complex, Chennai-600027

4. The Commissioner of Customs, Air Cargo-Import, Hyderabad-II Commissionernate,

7 th Floor, Kendriya Shulk Bhavan, Basheer Bagh, Hyderabad-500004

5. webmaster.cbec@icegate.gov.in.

[Indian Customs Order] : Appointment of Common Adjudicating Authority

F. No. 437/95/2014-Cus IV

Government of India

Ministry of Finance

Department of Revenue

(Central Board Excise & Customs)

*****

New Delhi, dated 21 st August, 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/1BIS3SA

1579 dated 23.07.2014 issued by Additional Director General, Directorate of Revenue

Intelligence, Zonal Unit, Ahmedabad in the case of M/s Mulchand M. Zaveri, 202, Koi Na

Pada, Chawk, Khambhat (Cambay) Gujarat and others to the Commissioner of Customs,

Custom House, Near All India Radio, Income Tax Circle, Navrangpura, Ahmedabad for the

purpose of adjudication.

(R.P.Singh)

Director (Customs)

Copy to:-

(i) The Additional Director General, Zonal Unit, Ahmedabad, Rupen Bungalow, near Jain

Merchant Society, Paldi, Admedabad-380007.

(ii) The Commissioner of Customs Custom House, Near All India Radio, Income Tax

Circle, Navrangpura, Ahmedabad-380009

(iii) The Commissioner of Customs (Import), Air Cargo Complex, Sahar, Andheri (East),

Mumbai-400099

(iv) webmaster.cbec@icegate.gov.in