Mere pendency of remand order couldn't be a reason to deny refund of amount already deposited as pen

CST & VAT : Where order imposing penalty was remanded, original order did subsist; mere pendency of remand case would not entitle department to retain amount deposited as penalty

ITAT couldn’t set-aside revisional order of CIT without examining vital issues of the case: HC

IT : Where Tribunal set aside order of Commissioner, giving certain direction in block assessment without considering certain vital issues, matter was remanded for fresh consideration

ST demand arising consequent to retro-amendments would invite interest and not penalty, rules High C

Service Tax : Where demand of Service Tax has been validated by way of series of retrospective amendments, issue of notice for recovery and demand of interest was valid but penalty could not be levied

No disallowance of expenditure even if assets of co. were used by its directors for personal purpose

IT : Amount of employees provident fund, etc. deposited before due date of filing return cannot be disallowed under section 43B

ITAT deletes TP adjustment as average price of certain transactions with AEs matched with actual tra

IT/ILT: Where for determining ALP, assessee had compared minimum and maximum price in market on a particular day and average price charged for eight transactions with its AE, was exactly what Arm's Length Price should be after aggregation, there was no scope for adjustments

Delay in filing appeal due to mistake in preamble of adjudication order was condonable

Service Tax : Where preamble of adjudication order passed by Joint Commissioner stated that appeal would lie to Tribunal and, relying upon said preamble, assessee wrongly filed appeal before Tribunal instead of Commissioner (Appeals), delay caused thereby was condonable, even if said preamble was corrected in due course

SAT: Obligation to make continued disclosure is mandatory, irrespective of declaration made in an op

SEBI - Obligation to make disclosures under regulation 30 of Takeover Regulation is mandatory irrespective of declaration under Regulation 8(2)

Tractor tyres and tubes would be liable to 1% additional tax under sec. 3A of UP VAT act

CST & VAT : Tractor tyres and tubes would be liable to additional tax under section 3A of U.P. VAT Act, 2008 under Entry No. 1 of Notification dated 31-3-2011 at 1 per cent

Mere non-commencement of charitable activities won't lead to denial of trust's registration

IT : Mere non-carrying on of vigorous charitable activities per se cannot be detrimental for registration of trust

No invocation of extended period as all facts were disclosed in ER-1 and they could have been scruti

Excise & Customs : Where all facts were disclosed in ER-1 and demand could have been raised only on a scrutiny of said ER-1, there was no fraud, collusion, misstatement or suppression of facts and extended period could not be invoked

HC upheld concealment penalty on assessee’s failure to disclose refundable deposit on empty liquor b

IT : Income from refundable empty bottle deposits being not disclosed either in profit and loss account or in balance sheet, levy of penalty was justified

Reassessment was valid as it was initiated when set off of State tax on purchases was wrongly allowe

CST & VAT : Where Additional Commissioner issued on assessee a notice under section 21(2) of U.P. Trade Tax Act, 1948 proposing to reopen assessment on ground that while assessing assessee to Central Sales Tax, a set off had been wrongly given of amount of State tax paid on purchase of paddy, impugned notice was valid in law

CBDT notifies jurisdictions of Principal CITs and CITs

IT : Section 120(1) and (2) of The Income-Tax Act, 1961 - Income-Tax Authorities - Jurisdiction of – Supersession of Notification No. SO 733(E), DATED 31-7-2001

CBDT directs various CIT (Exemptions) to exercise powers in respect of notified cases or classes

IT : Section 120(1) and (2) of The Income-Tax Act, 1961 - Income-Tax Authorities - Jurisdiction of – Supersession of Notification No. SO 880(E), DATED 14-9-2001

CBDT seeks formation of committee to resolve issue of estimation of income of fish farmers not maint

IT : Section 143 of The Income-Tax Act, 1961 - Assessment - General – Framing of Scrutiny Assessments in Cases of Fish Farmers Involved in Running Inland Fresh Water Fish Tanks

Even issue relating to limitation period couldn't be appealed before HC if original order related to

Excise & Customs : Jurisdiction of High Court as an appellate forum would depend upon issues adjudicated and decided in order in original; hence, where order in original decided dispute relating to rate of duty, even issues relating to invocation of extended period of limitation could not be raised before High Court

Exp. on civil and electrical work necessitating installation of windmill was eligible for depreciati

IT : Where foundation, civil and electrical works were necessary for installation of windmill, depreciation at rate of 80 per cent was to be allowed

Dishonour of cheque on stop payment instructions given to bank was punishable under Negotiable Instr

Negotiable Instrument : Even stop payment instructions issued to bank would make a person liable for offence punishable under section 138 in case cheque is dishonoured on that Count