Appeal isn't maintainable before HC if one of the issues decided by Tribunal pertain to valuation of

Service Tax : Where one of issues decided by Tribunal related to taxability of services and assessee had appealed to Supreme Court and said appeal was pending, no appeal could be filed by Department relating to period of limitation/penalty aspect before High Court

Sum paid to NR without deduction of tax won't invite sec. 40(a)(i) disallowance if such sum was capi

IT : Where assessee had not claimed payment made to non-resident for providing engineering site services as expenditure but capitalised same and claimed only depreciation thereon, no disallowance could be made under section 40(a)(i)

Pre-deposit couldn't be ordered if department had taken contrary views on same issue for different a

Excise & Customs : In a matter pertaining to waiver of pre-deposit, assessee's submission that 'in similar matter pertaining to another assessee, department had taken a contrary view' is a relevant factor for consideration by Tribunal

'Agarbathi mix' is excisable if its marketability is established, its actual sales is immaterial; CB

EXCISE & CUSTOMS LAWS : Clarification on Excisability of Odoriferous Compound/Agarbathi Mix Arising During Course of Manufacture of Agarbathi

HC directed assessee to file its objections against VAT addition before Dy. Commissioner

CST & VAT : Where Deputy Commissioner issued on assessee notices under section 27 of Tamil Nadu VAT Act asking for production of documents and for non-production of documents by assessee he confirmed proposal to tax and passed revised orders of assessment, assessee was directed to file its objections before Deputy Commissioner for consideration on merits

No reassessment if same issue was decided against assessee in later years unless AO had docs showing

IT : Merely because section 10B deduction was denied in subsequent assessment year, assessment could not be reopened where no fresh tangible material indicating escaped income was available

Interest paid on loan to acquire shares couldn't treated as its cost of acquisition if interest wasn

IT : Where interest expenditure on loan taken for making investment in shares was not capitalized, said interest was not to be deductible against short-term capital gain on shares

Tribunal can extend time-limit to make pre-deposit or restore appeal for delayed compliance with pre

Service Tax : Tribunal may : (i) extend time-limit to make pre-deposit and/or (ii) restore appeal after delayed compliance with pre-deposit order, and source of said power can easily be traced to rule 41 of CESTAT (Procedure Rules)

HC ordered advertisement of winding-up plea in newspaper as Co. didn’t initiate settlement proposal

CL : Where respondent company did not take initiative to have talks or make settlement proposals to petitioner despite winding up order, admission of winding up petition was to be advertised in newspapers