HC upheld VAT penalty as goods were transported beyond destination State without necessary docs

CST & VAT: Where a transporter was transporting goods from Surat to Hubli and instead of unloading goods at Hubli, it carried vehicle beyond Hubli, there was contravention of provisions of section 53(2)(b)

Case transferred to another city as money of assessee was seized from property of his in-laws locate

IT : Case transferred to another city as money of assessee was seized from property of his in-laws located in that city

Interest under sec. 220 was to be computed from date of initial notice when revised demand notice wa

IT : Where pursuant to order of Tribunal, demand raised against assessee was revised, it could not be equated with actual payment of tax demanded in notice of demand and, therefore, when High Court reversed order of Tribunal, demand got revived from inception and, in such circumstances, Assessing Officer was justified in calculating interest under section 220(2) from date of notice of demand till date of actual payment

HC extends time-limit to make pre-deposit before Tribunal as assessee was ready to pay in installmen

Service Tax : Where assessee's appeal was dismissed by Tribunal on non-compliance with pre-deposit order, High Court extended time limit to make pre-deposit on assessee request in this behalf and on no objection of revenue

SC: Nationality isn’t sole criterion to appoint third arbitrator in an international commercial arbi

Arbitration: In an international commercial arbitration if two nominated arbitrators has failed to reach a consensus on appointment of third/presiding arbitrator, considerations of neutrality and impartiality are of great significance and considerations of nationality are not mandatory while making a decision on appointment of third arbitrator

Royalty payments to AE allowed in prior years couldn’t be disallowed in later years without any chan

IT/ILT : Where TPO rejected assessee's claim for payment of royalty in respect of technical assistance rendered by AE, in view of fact that said payment had been allowed in earlier years, in absence of any change in circumstances, impugned disallowance made during relevant year deserved to be deleted

HC sets aside best judgment assessment and directs AO to re-examine the case after hearing assessee

IT: Where assessee submitted that he had adduced appropriate evidence to explain alleged anomaly in raw material consumption, while revenue claimed that available evidences led to rejection of accounts, matter was to be readjudicated

Duty was payable at fixed rate on actual production, as effective date of compounded levy was extend

Excise & Customs : Where assessee is liable to excise duty at fixed rate per ton (other than under section 3A), said rate would apply to actual production

Block period ended on the date when requisition was made and not when authorization for requisition

IT : In terms of section 158BA, block period ends on date on which requisition is made under section 132A and period up to date of execution of warrants of authorisation cannot be included in 'Block Period' in respect of which assessment has to be completed

Tax deduction under wrong provision due to bona-fide belief won’t attract sec. 40(a)(ia) disallowanc

IT : Where tax was deducted by assessee, even if same was under wrong provisions, section 40(a)(ia) cannot be invoked to disallow same

HC directs Tribunal to decide claim regarding sale in course of export after finding out true facts

CST & VAT: Where lower authorities had disallowed assessee's claim for sale in course of export to a trader in Nepal, matter was sent back to Tribunal to find out exact and true facts and then to decide issue afresh

CIT couldn’t revise block assessment without any material showing that deduction was wrongly allowed

IT : Where there was nothing on record to suggest that any material was unearthed during search or during proceedings initiated under section 153A showing that certain relief in form of deduction was wrongly allowed to assessee, Commissioner could not invoke jurisdiction under section 263 on ground that assessment order passed under section 153A, read with section 143(3) was erroneous or prejudicial to interest of revenue

Himachal Pradesh Govt. prescribes new Form for VAT refund; lays down revised criteria for sanctionin

CST & VAT : Himachal Pradesh Value Added Tax (Fourth Amendment) Rules, 2014 – Amendment in Rules 74, 75 and Insertion of Form VAT-XLV

Issue relating to computation of duty on DTA clearances by 100% EOU wasn’t appealable before HC

Excise & Customs : In case of DTA clearances by 100 per cent EOUs, manner of computation of education cesses and issue of leviability of education cesses for third time, would fall within expression 'rate of duty' and appealable only before Supreme Court and not to High Court

SetCom isn’t required to issue preliminary notice to CIT before admitting application filed by asses

IT : At stage of section 245D(1), Settlement Commission has absolute discretion to entertain or not to entertain a case for consideration on prima facie view even without issuing preliminary notice to Commissioner

Petitioner wasn’t entitled to any relief as he had mismanaged affairs of Co. and had siphoned off fu

CL: Where petitioner failed to substantiate allegations of oppressions and mismanagement such as his removal from directorship, appointment of new director and allotment of shares without his knowledge, etc. and in fact was found to have mismanaged affairs and siphoned of funds of company, he was not entitled to any relief