Sunday 28 June 2015

Bombay HC annoyed due to non-appointment of advocates, can dispose of revenue's appeals in their abs

Excise & Customs : High Court expresses its displeasure with non-appointment of advocates to argue appeals on behalf of revenue and warns Commissioners to take immediate steps to replace old Advocates, otherwise Court would be constrained to dispose of them in their absence

No disallowance of bad-debts just because it wasn't recognized as exp. in books of debtor

IT : Where assessee credited certain amount in its books and when it did not get any portion of it, wrote off same from books in subsequent year, claim of bad debts was to be allowed

Concentrate-manufacturer having quality control over beverage-manufacturer can't take credit of serv

Cenvat Credit : For a manufacturer of concentrates, final product is concentrate; hence, he cannot take credit of input services received by bottler (engaged in manufacture of beverages) for manufacture of beverages from concentrate

Illegally encroached land is not a capital asset; profit arising on its sale is taxable as income fr

IT: Property illegally encroached by assessee would not be considered as 'Capital asset' under section 2(14) and, consequently, gain arising from transfer of such property could not be assessed as capital gain but as income from other sources

HC acquitted respondent, accused of unauthorized dealing in Forex, as he had produced docs to prove

FEMA : Where except statement of co-accused there was no other independent witness and accused had proved his innocence by way of marked documents, accused was to be acquitted for offences under section 9 of FERA