Department can't arrest assessee without issuing notice and quantifying service tax due from him

Excise & Customs : Department cannot arrest an assessee even before issuance of show-cause notice and even before quantifying/adjudicating service tax due from him, as that would amount to 'putting cart before horse', which is impermissible

ITAT allows depreciation on goodwill generated during slump sale

IT: Goodwill is in nature of business or commercial right specified in section 32(1)(ii)

Recovery provisions of service tax can't be invoked without adjudication

Service Tax : Tax can be held to be payable only after adjudication either under section 72 or section 73; hence, in absence of any power to recover tax based on preliminary assessment, even without an adjudication, recovery under section 87 without adjudication was invalid

Opposite party abused its dominance by imposing unfair terms in supply of software development kit a

Competition Act : Where OP having dominant position in relevant market of Point of Sale (POS) terminals in India had imposed unfair conditions in Software Development Kit (SDK) agreement for supply of SDK for development of software on POS terminals, OP had abused its dominant position

Sec. 43B doesn't contemplate payment of service tax before it is actually received from parties

IT: Where it was found that before end of year, amount on which service tax was payable had not been received from parties to whom services were rendered, claim of service tax paid could not be disallowed

Construction of Metro train isn’t chargeable to service tax

Service Tax : Construction of metro rail cannot be charged to service tax under Commercial or Industrial Construction Services, as word 'railways' used in context of said services would cover all types of rails including monorail/metro rail

Bid amount can be deposited on next day of auction sales if auction proceedings are concluded after

SARFAESI : Where auction purchaser had deposited sale amount immediately after bid as provided in auction sale notice, petition challenging auction sale on ground of delay in depositing bid amount as stipulated in sale notice was to be dismissed

A comparable having a different accounting year can't be chosen for TP study

IT/ILT: A comparable having a different accounting year cannot be a valid comparable

Machinery used by 'Titan' to manufacture 'Circuit Boards' for watches was eligible for higher deprec

IT: Where assessee purchased semi-conductor devices such as Integrated Circuits and mounted piezo-electronic crystals which were fixed on board and they were interconnected to produce end products, i.e., ECBs, it could be said that assessee was engaged in semi-conductor industry and was entitled to high rate of depreciation of 40 per cent

Now Black Money Act would be effective from July 1, 2015

IT/ILT : Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act (Removal of Difficulties) Order, 2015 – Amendment in Section 1 of Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015

Criminal proceedings couldn't be initiated on issue which decided on merits in favour of assessee

Excise & Customs : Where issue of classification and exemption has been resolved finally by Supreme Court in favour of assessee i.e., assessee has been exonerated in adjudication proceedings on merits, criminal proceeding on same cause of action cannot continue

No additions if transaction made at a price less than its cost wasn't with any specified person and

IT : Where assessee sells his goods at a price less than purchase price and transaction is bonafide one, taxing authority cannot take into account purchase price of those goods to ascertain profit from transactions

No reversal of credit availed on cold drink bottles if they were removed from factory after filing c

Cenvat Credit : Removal of bottles/crates with final product being 'aerated beverages' amounts to 'use' of bottles/crates for purpose of 'aerated beverages'; such removal does not amount to removal 'as such' for reversal under Cenvat Rule 3(5)

AO's order was erroneous as he had allowed higher depreciation on hospital equipments without proper

IT : Where Assessing Officer had allowed higher depreciation on furniture and hospital equipment and accepted unsecured loans without making proper and adequate enquiries, order of Assessing Officer was erroneous and prejudicial to interests of revenue

Prior to 1-5-2011, service tax on life insurance was leviable only on 'risk premium' and not on othe

Service Tax : Prior to 1-5-2011, service tax on life insurance was leviable only on risk premium and not on : (a) Agency Processing Fees; (b) Lapsed policy renewal Charges; (c) Back Dating Alteration Charges, (d) Recoveries on look-in, and (e) Policy Reinstatement Fees