Dismissal order of appellate authority upheld as assessee didn't fight case on merits and prayed for

CST & VAT: Where Assessing Officer raised demand upon assessee and appellate authorities dismissed appeal for non payment of 25 per cent of demand amount, since assessee had not sought to contest case before Assessing Officer on merits but had only prayed for lenient view, orders of appellate authorities were justifiable

No excise duty on supply of product to projects funded by Asian Development bank even if routed via

Excise & Customs : Where supplies for projects financed by Asian Development bank are not made directly to said projects but are made through some intermediate buyers, benefit of exemption under Notification 108/95-CE would be available, if there is no allegation of diversion of material supplied for any other purpose CESTAT, New Delhi Bench

AO had sufficient material to make reassessment when assessee didn't prove genuineness of share tran

IT : Where in earlier assessment year assessee did not prove genuineness of transaction in shares and therefore credit entries in bank account was held as unexplained deposit and if also wrongly claimed deduction under section 54F on purchase of property, Assessing Officer had sufficient material for reassessment

Provision made for enhanced power tariff pending dispute with power supplier wasn't deductible exp.

IT: Where except making a provision for enhanced power tariff, no amount was paid nor liability for same was acknowledged, deduction could not be allowed for such provision

AO directed to re-examine sec. 11 relief as it was given by CIT(A) relying on additional docs not fi

IT: Where Commissioner (Appeals) had allowed exemption under section 11 to assessee-trust by placing reliance on additional document which was not filed before Assessing Officer, matter required readjudication

No TDS credit available if assessee had failed to offer corresponding income to tax in relevant year

IT: Whenever an amount deducted as tax at source becomes incapable of being adjusted or counted towards tax payable, it acquires character of income

AO directed to re-examine sec. 11 relief as it was given by CIT(A) relaying on additional docs not f

IT: Where Commissioner (Appeals) had allowed exemption under section 11 to assessee-trust by placing reliance on additional document which was not filed before Assessing Officer, matter required readjudication

Appellate authority to remand case if hearing isn't given to assessee; it can't express any opinion

Excise & Customs : If it is found that that principles of natural justice have been violated, appellate authority must restrict its finding and conclusion only to that issue and should not express any final opinion on merits

No deemed income on receipt of advance for assignment of development rights of land if transaction d

IT : Where assessee received certain advance on assigning development rights of a land, if transaction did not complete for some reason, no income would arise under section 28(iv), particularly when relevant MOU was not yet cancelled

No order for investigating into affairs of co. as alleged issue was already sub-judice

CL : No order for investigating into affairs of co. as alleged issue was already sub-judice

HC admits appeal against CESTAT's order setting aside ST demands on distributors of SIM cards/rechar

Service Tax : Where tribunal held that distributors of SIM cards/recharge coupons are providing business auxiliary services and are liable to service tax, but, set aside demand on ground that tax on full value of cards/coupons was already paid by BSNL, High Court admitted appeal thereagainst looking to contradiction in order