CESTAT sets aside joint and several demands against multiple assessees; asks AO to identify assessee

Excise & Customs : Duties and penalties cannot be confirmed "jointly and severally" against more than one person; hence, where adjudicating authority confirmed demand jointly and severally, Tribunal remanded matter back for fresh decision, after making up mind as to against which assessee duty is to be confirmed

Sale of water for cleaning engine of cargo was part of business of maintaining cargo; eligible for s

IT : Where assessee operating and maintaining port, supplied water for cargo ships for their engine cleaning and other miscellaneous purposes, same was part of business of assessee; hence, assessee was entitled to deduction under section 80-IA

When quantum addition had been deleted, consequential interest under Sec. 234B was also to be delete

IT : Where quantum addition in respect of which interest under section 234B was charged had already been deleted and matter of quantum addition had attained finality, interest under section 234B was not chargeable

Term ‘advertisement’ includes publicity; printing ‘Sahara’ logo by group Co. on air tickets would at

IT: Payment towards 'publicity' bears the character of 'advertisement" for the purpose of deduction of tax at source under section 194C – However, no penalty could be imposed on assessee for non-deduction of tax at source if recipient was a loss making entity and it filed all its returns including the amount so received

Exp. incurred by assessee on installation of oil rig was revenue exp. as it was in business of drill

IT: Drilling operations being very business of assessee, expenditure incurred to make rig operational would be covered and should be treated as 'revenue expenditure'

No penalty due to non-filling of column in declaration form if there was no intention of assessee to

CST & VAT: U.P. VAT - Where Assessing Authority had imposed penalty upon assessee under section 54(1)(14) on ground that column No. 6 of Form No. 38 was not filled up and Tribunal after recording a finding that there was no intention of assessee to evade payment of tax deleted penalty, order of Tribunal could not be interfered with, unless finding was perverse

TDS liability couldn’t be fastened on assessee due to retro-amendment in any provision, says ITAT

IT/ILT : Payment made by assessee, an Indian company to a US company for utilizing telecom services in USA did not constitute fee for technical services

Comparable having abnormally high profit margin is excludible from TP study

IT/ILT : Where assessee sought for exclusion of one concern from final set of comparables in Transfer Pricing Study as said concern had abnormally high profit margin, exclusion was to be allowed as inclusion of said concern in final set of comparables would not lend credibility to comparability analysis

University aimed at promoting piety and learning among Christians was entitled to sec. 10(23C) if fu

IT : Where assessee, university, established to promote piety and learning among native Christian population in India, claimed exemption of income, matter was to be remanded back to consider assessee's claim under section 10(23C)(iiiab) after taking into account as to whether assessee was wholly or substantially financed by Government

Conduct of respondents of appointing new directors to create their own majority in management was op

CL: Where number of litigations involving petitioner and his Group were continuing before BIFR, AAIFR and other Courts/Forums, removal of petitioner and other directors of his Group from directorship and appointment of 2 new directors from respondents Group had resulted in creation of new majority in management of respondent No. 1 Company which was oppressive in terms of section 397

CBDT directs AOs to stop coercing taxpayers for admitting undisclosed income during search/survey pr

IT : Section 132, read with Section 133A of The Income-tax Act, 1961 Search & Seizure - Admissions of Undisclosed Income Under Coercion/Pressure During Search/Survey

HC quashed Tribunal's order as it failed to examine facts and record its own findings on issues rais

CST & VAT : UP VAT - Where Tribunal had failed to examine facts of case and to record own finding of fact on issues raised before it, order of Tribunal dismissing appeal of assessee was set aside

HC upheld VAT penalty as assessee transported notified goods 'gram' without accompanying declaration

CST & VAT : Rajasthan Sales Tax : Where assessee was transporting gram from State of Rajasthan to Delhi and it was not accompanied by declaration Form ST-18C, levy of penalty upon assessee, who was owner of goods, under section 78(5) of Rajasthan Sales Tax Act was justified

Confirmation of demand without allowing assessee to cross-examine witnesses wasn't justified

Excise & Customs : Where assessee had sought cross-examination of witnesses whose statements had been relied upon by revenue to confirm demand and adjudicating authority proceeded with adjudication without any decision on said request, adjudication order was violative of principles of natural justice

In condonation plea applicant couldn't be asked to explain reasons for delay upto due date of filing

Excise & Customs : While considering application seeking condonation of delay, application cannot be asked as to what transpired during original time-limit i.e. from receipt of order till due date; appellate authority can only seek explanation of delay from due date till date of actual filing of appeal

Unexplained cash and jewellery seized from partners couldn't be adjusted against tax liability of th

IT : Where unexplained cash and jewellery seized from partners of assessee-firm cannot be automatically adjusted against tax-liability of firm

SLP admitted to decide whether any benefit accrued to interested persons leading to denial of Sec. 1

IT : SLP granted against order of High Court where it was held that since assessee-trust cancelled sale agreement after a long time of paying advance money to person prohibited under section 13(3) without assigning any reason and without charging any interest, provisions of section 13(1)(c)(ii) were attracted with result that assessee could not be allowed exemption under section 11

No denial of sec. 80G relief for want of copy of registration if revenue had accepted return of asse

IT : Where revenue accepted return filed by assessee as charitable origanisation, recognition under section 80G could not be refused for want of copy of registration under section 12A

SEBI issues consolidated circular on web based complaint system 'SCORES'

SEBI : Redressal 0f Investor Grievances through SEBI Complaints Redress System (SCORES) Platform

No selection of comparable on basis of info under sec. 133(6) unless its details were furnished to a

IT/ILT: Where TPO had included a company in list of comparables only on basis of information obtained under section 133(6), non-furnishing of such information to assessee would vitiate selection of that company as comparable

Mere shortage in jewellery found during survey wouldn't be deemed as undisclosed investment by jewel

IT: Merely because shortages had been noticed as compared to books, it could not be said that any undisclosed investment/money was made by assessee

Lease equalisation charge is to be added for computation of book profits for MAT purposes

IT: Position after 1-4-1998, after amendment to section 115JA by Finance (No.2) Act, 2009 with retrospective effect from 1-4-1998 lease equalisation charges would be added for computation of book profit under section 115JA