Tribunal is empowered to extend stay even for delay beyond 365 days after passing speaking order

Excise & Customs : Stay granted by Tribunal may be extended even beyond 365 days, but, for every extension beyond 180 days, Tribunal must pass speaking order and record its satisfaction that delay in disposing of appeal is not attributable to assessee

Receipts of all institutions of one society are to be clubbed together to check limit of 1 crore und

IT: Where receipts of assessee-society from two institution managed and run by it exceeded Rs. 1 crore, in absence of exemption certificate under section 10(23C), receipt exceeding over Rs. 1 crore was rightly brought to tax

Officer-in-charge rightly ordered seizure of goods when certain undeclared goods were found in truck

CST & VAT : Where assessee, a transporter, had sent goods of different consignors from Delhi to Tripura and when truck reached at entrance check post of Tripura State, driver produced Form XXVI and thereafter when officer-in-charge physically inspected truck found therein various goods, which had not been declared, action of officer-in-charge in seizing goods was justified

Share transactions supported by broker's note, share certificate and demat statement couldn't be hel

IT: Where transaction of purchase and sale of shares were supported with broker's note, contract note, copies of share certificates and de-mat statement, transaction of shares could not be treated bogus

Contractee validly reimbursed only ST paid in cash as contract provides for reimbursement on proof o

Service Tax : Where contract provides for reimbursement of taxes only on production of evidence of 'payment', then, view of contractee that only service tax paid in cash will be reimbursed and not that paid through credit, cannot be faulted

ITAT denies depreciation as assessee failed to prove that asset was used in his business operations

IT: Depreciation on factory building and plant & machinery never put to use during year, could not be allowed

ITAT directs TPO to make afresh TP adjustment in accordance with directions issued by it earlier

IT/ILT : Where in pursuance of Tribunal's directions, TPO passed an order wherein addition made to assessee's ALP was reduced, in view of fact that there were variations and inconsistencies while implementing directions of earlier Bench, impugned order was to be set aside with a direction to Assessing Officer/TPO to revise transfer pricing adjustment in accordance with directions issued by Tribunal in letter and spirit

ITAT directs TPO to make afresh TP adjustment in accordance with directions issued by its earlier

IT/ILT : Where in pursuance of Tribunal's directions, TPO passed an order wherein addition made to assessee's ALP was reduced, in view of fact that there were variations and inconsistencies while implementing directions of earlier Bench, impugned order was to be set aside with a direction to Assessing Officer/TPO to revise transfer pricing adjustment in accordance with directions issued by Tribunal in letter and spirit

Penalty under Rule 96ZO can be lesser than duty; mandatory penalty equivalent to duty is unconstitut

Excise & Customs : Rules 96ZO(3), 96ZP and 96ZQ, up to extent of providing for mandatory minimum penalty without mens rea and without any element of discretion, are excessive and unreasonable restriction on fundamental rights and are, accordingly, ultra vires Act and Constitution

Handwritten statements corroborated with other docs couldn’t be said to be obtained under coercion u

FERA : Where statement of appellant was recorded in his own handwriting and was corroborated by other independent statements, statement of appellant could not be said to be obtained under coercion and penalty imposed upon appellant for contravention of section 9 on basis of that statement was justified