Department can issue SCN to inquire into validity of assessee's claim regarding exemption from decla

Excise & Customs : Department may issue show-cause notice inquiring into validity of claim of exemption from declaration of Retail Sale Price under Legal Metrology (Packaged Commodities) Rules, 2011 and on failure, demanding duty under section 4A

Sharing of license fee among affiliates entailing benefits to business operations of assessee was al

IT: Reopening was not justified where Assessing Officer had actually before him all relevant materials at time of original assessment itself

Credit of works contract services could be taken on or after 1-4-2011 if construction was completed

Cenvat Credit : Works Contract Services used for construction of cement plant/factory are eligible for credit, if construction completed prior to 1-4-2011 even if invoices are received and credit is taken on or after 1-4-2011

HC admitted winding-up plea against respondent-Co. as it failed to pay amount arrived on settlement

CL : Where appellant was liable to pay an amount in terms of settlement arrived at between parties before Debt Recovery Tribunal and did not file reply to winding up petition despite ample opportunity, winding up petition against respondent was rightly admitted

TP adjustment for transactions with AE set aside as comparables had functional differences and highe

IT/ILT : Where TPO made addition to assessee's ALP in respect of software research and development support services rendered to its AE, in view of fact that some of comparables selected by TPO were improper on account of functional difference and high turnover, impugned adjustment was to be set aside and, matter was to be remanded back for disposal afresh

Credit of input couldn't be denied even if it was used in manufacturing of suppressed clearances

Excise & Customs : In absence of a specific rule prohibiting availment of credit when manufacturer is involved in suppression of turnover/clearance of goods, credit of input used in manufacture of suppressed clearances, on which demand is confirmed, cannot be denied

No interest on delayed refund of wrongly encashed bank guarantee; SC orders compensation for delay

Excise & Customs : There is no provision for interest on delayed refund of wrongly encashed bank guarantee; however, assessee may be granted compensation therefor

HC disallows deduction of bad-debts as assessee had made fake book entries to evade taxes

IT : Assessee's claim for bad debt could not be allowed where false book entries were made to avoid tax liability

Reimbursements aren’t includible in ‘value of services’ if bills are in name of service recipient, s

Service Tax : Where assessee has claimed reimbursements of bills of contractor/transporters and bills are in name of service recipient, said reimbursements are received as 'pure agent' and not includible in value of services

HC denies rebate to merchant-exporter as its purchase transactions were bogus

Excise & Customs : Rebate is allowable only if it is established and proved by assessee that goods were exported by using inputs on which duty was paid; if purchase transactions of merchant-exporter are found to be fake, rebate cannot be allowed

Mere possibility of doing any commercial activity by trust couldn’t cause rejection of Sec. 80G appr

IT : Even if there was a possibility that assessee institution would engage in a commercial activity with help of community centre assessee was building, this could not be reason enough to decline assessee's application for grant of approval under section 80G

HC granted liberty to assessee to file appeal before appellate authority after payment of arrears of

CST & VAT: Where against order of assessment, assessee filed writ petition, assessee was directed to pay Rs. 16 lakhs towards arrears of tax and on making payment it would be at liberty to file appeal before Appellate Authority

Reference to TPO was invalid if no incriminating material was found during search proceedings

IT/ILT: Where Assessing Officer passed draft assessment orders which were served on assessee on 22-11-2011 and, thereupon, DRP having considered assessee's objections, dispatched its directions to assessee on 16-8-2012, it was to be concluded that impugned draft order had been passed in confirmity with provisions of section 144C(12) and, it could not be held barred by limitation merely on ground that DRP had issued those directions to Assessing Officer after expiry of prescribed time period i.e.

No cancellation of registration of sale deeds even if they weren’t registered in State where propert

CL: Registration authorities in State of Maharashtra were duly empowered to register documents in accordance with Registration Act, 1908 being Central Legislation and accordingly, act of registering authorities in Mumbai, in registering documents pertaining to property situated at Ranchi could not be faulted, hence, registration of sale deeds could not be cancelled only on ground that sale deeds were registered in Mumbai and not by concerned sub-registrar in Bihar

HC reduced pre-deposit of ST on ‘outdoor catering service’ as assessee had paid VAT on supply of tea

Service Tax : Where assessee had paid VAT on supply of tea/coffees to employees of client through its vending machines, pre-deposit of service tax demand under 'outdoor catering service' was to be reduced/waived

Even MAT companies are liable to pay interest under section 234C for deferment of advance tax

IT : Deductions under section 80HHD would be computed by taking assessee's all hotel units together