Annual receipt under sec. 10(23C) refers to receipt of educational institution and not that of socie

IT: For purpose of exemption under section 10(23C)(iiiad), 'aggregate annual receipts' refers to receipts by educational institution and not that of society

Disputes involving serious fraud and not merely rectification should be referred to Civil Court

CL: Where disputes raised by appellants were not truly confined to mere rectification of register of members under section 111A, but they fell in realm of various disputed questions, same could not be decided in jurisdiction of CLB

AO can't made irrational disallowance in best judgment assessment

IT : It is not open to Assessing Officer to make best judgment assessment under section 144, otherwise than, on basis of all relevant materials which he had gathered after giving an opportunity of hearing to assessee

Tribunal must refer matter to Lower Bench if there is conflict in opinions of two coordinate benches

Excise & Customs : After finding a conflict of opinion rendered by two coordinate Benches, only course of action open for Tribunal is to refer matter to Larger Bench to resolve this conflict

Payment of additional excise duty by 'Tupperware' on behalf of contract manufacturers allowed as bus

IT : Where contract manufacturers were carrying out manufacturing activity for assessee and it was in assessee's business interests that all tax liabilities of manufacturers were duly satisfied, payment towards tax liabilities of contract manufacturers was to be regarded as 'business expenditure'

Time lost in writ which was filed after expiry of time-limit to file appeal before CCE(A) is not exc

Service Tax : Where writ petition is filed against adjudication order only after expiry of time-limit to file appeal before Commissioner (Appeals), then, in appeal before Commissioner (Appeals) on dismissal of writ, assessee cannot apply section 14 of Limitation Act to seek exclusion of time-period lost in writ remedy

Co. indicted in fraud cases should be excluded from list of comparables

IT/ILT : Where company failed in related party transaction filter and employee cost filter and outsourcing and amalgamation had changed business model of company, same could not be taken as comparable