Friday 27 February 2015

Assessee must indicate reasons for seeking cross-examination, says Ahmedabad CESTAT

Excise & Customs : Having not justified or indicated reason for seeking cross-examination, assessee cannot claim that there is a violation of principles of natural justice.


HC allows assessee to produce docs for input credit before AO as he failed to produce docs during as

CST & VAT: Where assessee had failed to produce documents for claiming input tax benefit during assessment, High Court permitted assessee to produce Form VAT C-4 and tax invoices before assessing authority


Demand can't be raised alleging clandestine removal of goods when duty is paid on annual production

Excise & Customs : Where show-cause notice is issued on ground that assessee is covered by production capacity based duty under section 3A, provisions of section 3 read with section 11A cannot be invoked to demand duty alleging clandestine removal


Govt. unveils booklet on "Investment opportunities in India"

FDI : Investment Opportunities in India


Evasion penalty can’t be reduce below the limit prescribed under sec. 11AC

Excise & Customs : Penalty under section 11AC of Central Excise Act, 1944 is a mandatory penalty and same cannot be reduced/waived below limit fixed by said section, even if duty is paid immediately on receipt of notice


Sale of unspecified goods in execution of work contract was chargeable to higher rate under West Ben

CST & VAT: West Bengal VAT - Where assessee was engaged in the business of executing works contract, since she had not sold in execution of works contract any goods specified in section 14 of Central Act, she was liable to pay tax at rate of 12.5 per cent on taxable contractual transfer price as per section 18(1)(b)


ITAT rightly determined market value of land on 1-4-1981 after considering doc of 1984 in respect of

IT: Where Tribunal determined fair market value of land inherited by assessee before 1-4-1981 by considering document of 1984 in respect of nearby land and after allowing certain deductions, no interference was required with such determination


ITAT quashed sec. 153C block proceedings as AO didn't record satisfaction that seized docs belonged

IT : Where Assessing Officer of 'B', 'P' and 'MB' did not record any satisfaction that some money, bullion, jewellery or books of account or other documents found from these persons belonged to assessee, initiation of proceedings under section 153C on assessee was void ab initio


Mere non-registration of asset in name of assessee doesn’t lead to denial of deprecation claim there

IT: Where certain assets were already transferred to assessee-society, assessee's claim for depreciation could not be rejected merely because those properties had not yet been registered in name of assessee