No duty can be demanded on clearance of goods to sister-concern owning to principle of revenue neutr

Excise & Customs : In case of differential duty, demand for interest can be raised within 1 year from date of payment of differential duty

Threshold limit increased for investment by FPIs in Govt.-Securities

FEMA/ILT : Investment by Foreign Portfolio Investors (FPI) in Government Securities

'GIST', a global publisher isn't dominant player in providing e-journals to technical institution

Competition Act: Where there were other players in relevant market of services for providing subscription of e-journals to technical institutions as prescribed by AICTE in India, OP-publisher was not dominant in relevant market

ISO certification fee can't be treated as 'FTS'

IT/ILT : Audit work and certification would not come within realm of fees for technical services under section 9(1)(vii) and under article 12(4) of Indo-German DTAA

AO couldn't doubt genuineness of purchases just because vendor had immediately transferred payment t

IT: Merely because different person withdrew amount which was paid by assessee to its vendors would not lead to conclusion that transactions between assessee and vendors were fictitious, matter was to be readjudicated

Returns filed for A.Y 2014-15 or in response to notices can also be validated through EVC

IT/ILT : Section 119 of the Income-Tax Act, 1961 – Income-Tax Authorities – Instructions to Subordinate Authorities – Validation of Tax Returns through Electronic Verification Code

Penalty imposed on deliberate attempt of claiming separate deduction when sec. 24 standard deduction

IT: Where assessee knowingly made a wrong claim for 'other expenses', being depreciation, building maintenance expenses, etc., against 'Income from house property' which was patently inadmissible, penalty imposed under section 271(1)(c) was justified

ITAT directed to examine whether hearing opportunity was given to assessee on transfer of case under

IT: Where assessee challenged order passed transferring its case from one place to another on ground that no opportunity of being heard was granted to it, matter was to be remanded back for an appropriate order in accordance with law

Even availment of credit on minor inputs would lead to denial of 'Nil' rate of duty

Excise & Customs : Where NIL rate of duty is based upon condition that no credit of inputs had been taken, assessee cannot claim said benefit if he had taken credit even on minor inputs/consumables

Amendment specifying aerial measurement of distance of agricultural land applies prospectively

IT : Section 2(1A), read with section 2(14)(III), of the Income-Tax Act, 1961 – Agricultural Land – Measurement of Distance for Purpose of Section 2(14)(III)(B) for Period Prior to Assessment Year 2014-15

Production cost of abandoned Film isn't capital exp. as Rule 9A doesn't apply to such Films

IT : Section 37(1) of the Income-Tax Act, 1961- Business Expenditure - Allowability of – Non-Applicability of Rule 9A of the Income-Tax Rules, 1962 in Case of Abandoned Feature Films

No MAT on Castleton as Govt. won't impose MAT in absence of Indian PE of foreign Co.

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Deeming fiction of sec. 50C isn't applicable on transfer of tenancy rights

IT: Provisions of section 50C are not applicable on transfer of tenancy rights

Delay in filing return by payee due to failure of payer to deposit TDS won't invite interest and pen

IT : No penal or financial consequence would be visited upon assessee on account of delay in uploading return of income for failure of third person to pay tax deducted at source from payment made to assessee, into treasury in time

Sec. 69C additions made for household exp. of one lakh on failure of assessee to explain withdrawal

IT: Where assessee had deposited a sum of Rs. 6 lakhs in cash in a firm and submitted that said amount represented brought forward cash from earlier years lying with him at house for last 10 months and Assessing Officer relying on wrong facts added said amount in income of assessee, impugned addition was not justified

Legitimate service tax refund can't be denied merely due to wrong classification of service

Service Tax : Where assessee had furnished relevant invoices substantiating payment of service tax and use of services for export of goods, refund of service tax could not be withheld alleging general non-compliance without pointing out any specific irregularity

Bill management services aren't professional services; liable to sec. 194C TDS and not sec. 194J TDS

IT : Where assessee, engaged in executing turnkey project for supplying electricity, made payment against supply of materials included in composite contract, provisions of section 194C would not apply in respect of such payment

Trust established with both charitable and religious objects entitled to sec. 12AA registration

IT: Where assessee-trust could have both charitable and religious objects, registration under section 12AA was to be granted to assessee

AO can enhance penalty where case is remanded for re-adjudication

Excise & Customs : Where matter is remanded back for re-adjudication/de novo enquiry, then, adjudicating authority, in a de novo proceedings, may re-determine quantum of fine or penalty and such fine/penalty may be higher than that imposed earlier in original proceedings

Sum paid for construction of railway under-bridge for creating access to projects of assessee was re

IT: Where an area development authority, made payment to Railway for construction of railway underbridge to overcome traffic problem and for creating access of projects undertaken by it, said expenditure was to be allowed as deduction under section 37(1)

Cash withdrawals from bank couldn't be taxed when credit receipts in bank were already taxed

IT : If inflows in bank were taxed, then question of taxing withdrawals would not arise

No extended period as admissibility of credit for 'structural steel items' was already a disputed is

CENVAT: Where availability of Cenvat credit in respect of structural steel items was a disputed matter of interpretation of Cenvat Rules at relevant time and assessee had not suppressed any fact, limitation period for issuing show cause notice could not be extended

No disallowance just because parties to whom hiring charges were paid didn't respond to letters issu

IT : Merely because persons to whom hiring charges were paid had not confirmed such payments, same would not be disallowed

Estimation of income shall be based on income of that preceding year which is closer to relevant yea

IT: Where Assessing Officer proceeded to calculate agricultural income on basis of agricultural income declared by assessee for assessment year 1998-99 instead of assessment year 2001-02 which was a closer assessment year and made addition, same was to be deleted

Abatement for GTA service is also applicable to ancillary activities connected thereto

SERVICE TAX : Section 66D of the Finance Act, 1994 - Negative List of Services - Clarification on Levy of Service Tax on Services Provided by a Goods Transport Agency