Contaminated aerated water isn't manufactured good if drained as per prevention of Food Adulteration

Excise & Customs : Aerated water drained on account of contamination, under/over filling of bottles or badly crowned bottles, in compliance with Weights and Measures Act as well as under Prevention of Food Adulteration Act was not 'marketable' and was, therefore, not excisable goods and not chargeable to excise duty

SC: HC can hear any question of law not formulated by it if it is satisfied that appeal involves suc

IT : High Court can hear appeal on any substantial question of law though not formulated by it if it is satisfied that case involves such question and records reasons therefor

Charges for abetment in smuggling of goods could be valid only if abettor had knowledge of goods bei

Excise & Customs : Charge of 'abetment in smuggling' and penalty therefor under Section 112 of Customs Act is valid only if it is shown that alleged abettor had knowledge of goods being 'smuggled goods' liable to confiscation under Act

Reassessment couldn’t be quashed if AO acted on opinion of audit party after satisfying himself

IT : Where Assessing Officer was convinced that depreciation was wrongly claimed at full rate, reassessment notice could not be quashed merely on ground that she formed opinion on basis of audit objection

Revenue couldn’t deny belated filing of tax refund on basis of CBDT’s old circular which was modifie

IT : Where subsequent to grant of TDS refunds, assessee received TDS certificates from its parties regarding which refund was not claimed, new refund claim was to be entertained

Comparable co. couldn't be excluded from list of comparables even if it belonged to a group having h

IT/ILT : A company engaged in financial reporting or NAV support services or investment accounting could not be compared with a company providing marketing and sales support services in respect of marine equipments

Charges collected by steamer agents for clearances of import/export of goods are liable to ST under

Service Tax : Various charges collected by steamer agents in respect of cargo imported or exported by their customers (pertaining to bill of lading, Delivery order, documentation, manifest, etc.) are liable to service tax from 10-9-2004 under Business Auxiliary Services

Smuggler and Foreign Exchange Manipulators Act doesn't prescribe any time-limit for issuance of show

SFEMA : SAFEMA does not prescribe any time limit for issuance of show-cause notice under section 6(1)

SEBI's circular advising exchanges to amend bye laws to increase limitation period for invoking arbi

SEBI : Circular issued by SEBI advising recognised stock exchanges to make amendments in their relevant bye-laws to modify period of limitation for invoking arbitration from six months to three years is valid

No deemed divided as recipient of loan/advance wasn’t a shareholder in lender-Co.

IT: Assessee was not liable to tax under section 2(22)(e) when it was not a shareholder

Area-based relief was available to a unit set-up in Kachchh prior to 31-12-2005 even if it began pro

Excise & Customs : Exemption to clearances from Kachchh under Notification No. 39/2001-CE is available if unit/plant and machineries have been fully commissioned/ installed prior to 31-12-2005, even if commercial production commences later on

Mere substantial hike in salary of directors won’t be enough to treat it as unreasonable without any

IT-I : In absence of any material brought on record to show how and in what manner to show salary paid to directors was excessive or not comparable with market rates, no part of such remuneration could be disallowed under section 40A(2)

Taxes paid by manufacturer of crockery on packing material used by it were eligible for rebate of sa

CST & VAT: Where assessee, a manufacturer of crockery, purchased material after payment of tax and used same for packing of crockery, it was entitled to rebate of sales tax paid

HC gives hearing chance to assessee against Show Cause notice alleging contravention of Sec. 269SS/2

IT: Where assessee challenged issuance of show cause notice on ground of non-applicability of sections 269SS and 269T to relevant facts, assessee should be given ample opportunity to submit its case before Commissioner who had issued notice

Central Excise dues don’t have precedence over dues recoverable under SARFAESI Act, rules HC

Excise & Customs : Dues payable to Central Excise Department do not, prima facie, have any precedence over right of a secured creditor under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

DIT(E) can’t function as AO to examine conditions stipulated under Sec. 11 while granting Sec. 12AA

IT : For achieving main charitable object if an institution carries on some commercial activity and generates profit therefrom such activities cannot be considered to be business activity with profit motive so long as profit earned is utilized for purpose of achieving charitable object

RBI delegates additional powers to regional offices for compounding of offences

FEMA/ILT : Foreign Exchange (Compounding Proceedings) Rules, 2000 - Compounding of Contraventions under Fema, 1999

Payments made to retiring partners as per books without distribution of goodwill won’t trigger capit

IT: Where, on retirement, certain sum was paid to partners due to them as per books, and no portion of goodwill was paid to retiring partners, and goodwill remained with firm, section 45 was not attracted

No relief to petitioner-director on reduction of shareholding as she didn’t object to it in earlier

CL: Where petitioner-director was present in board meeting in which resolution for allotment of additional shares was passed and had signed annual returns as director, no relief would be granted to petitioner for reduction of her shareholding