Complaint for cheque bouncing filed by a managing director wasn’t maintainable as it wasn’t filed on

Negotiable Instruments Act: Complaint for cheque bouncing filed by a managing director wasn’t maintainable as it wasn’t filed on behalf of company

No ST on services provided for remittance of foreign currency during 1-7-2012 to 13-10-2014: CBEC

ST : Section 66B of The Finance Act, 1994 - Charge of Service Tax on or After Finance Act, 2012 - Mega Exemption Notifications - Levy of Service Tax on Services Provided by An Indian Bank or Other Entity Acting as an Agent to Money Transfer Service Operators in Relation to Remittance of Foreign Currency From Outside India to India

Sec. 206C doesn’t require seller to obtain declaration from buyer for non-collection of TCS at very

IT : Section 206C does not mandate that declaration from buyers in Form 27C for non-collection of TCS has to be obtained at very same moment when sale is effected

Person filing writ and pressing for adjudication on merits can't challenge jurisdiction of HC after

Excise & Customs : When assessee himself filed writ and pressed for adjudication on merits, then, merely because decision of High Court is unfavourable, assessee himself cannot challenge jurisdiction of High Court on ground that disputed questions of fact cannot be adjudicated in writ

No reassessment just because income remained untaxed due to non-coordination between departmental of

IT/ILT : Where assessee's income had escaped assessment by reason of omission to make disallowance of payment of subscription to non-resident under section 40(a)(ia) for non-deduction of TDS, reopening of assessment was justified

Modus operandi of running CIS through private trust are also within the purview of SEBI, says SAT

SEBI : In view of the close proximity between the appellant and the Trustee as also the AMC (appellant itself) no fault can be found with the decision of SEBI in holding that the appellant had adopted a modus operandi of operating CIS through the medium of a Trust

AO couldn’t reject books of account due to variance in current year's profit as compared to earlier

IT : Where Assessing Officer rejected books of account of assessee as profits declared in current year were not in consistent with other years, since Assessing Officer decision was based on conjectures and surmises, assessee's books could not be rejected

Revenue should give sufficient time to assessee to justify his claim while processing application un

IT : Where Commissioner (Exemptions) rejected application of assessee-society under section 12A without giving sufficient opportunity of being heard to assessee to sustain its claim before him, it was contrary to principles of natural justice; matter was to be readjudicated

Sum paid to contractual doctors to provide services of teleradiology would attract sec. 194J TDS and

IT : Where assessee-company was providing teleradiology services to hospitals and engaged services of doctors for medical consultation, since there was no employers employee relationship between assessee and doctors, assessee was not liable to deduct TDS as salary under section 192

Misdeclaration can't be alleged for period prior to issuance of clarification by Department

Excise & Customs : Where relevant clarification suggesting manner of computation of value was issued only in October 1996, mis-declaration cannot be alleged for period prior to October 1996 and therefore, extended period of limitation cannot be invoked upto September, 1996

No penalty alleging inaccurate particulars if proceedings were initiated for concealment of income p

IT : Where Assessing Officer initiated proceedings under section 271(1)(c) for concealment of particulars of income by assessee but levied penalty for furnishing of inaccurate particulars of income, impugned penalty could not be sustainable

CBDT asks AOs to compare tax returns of mining Cos with annual returns to ascertain suppressed stock

IT : Section 143 of The Income-Tax Act, 1961 – Assessment – General - Framing of Scrutiny Assessments in Cases of Assessees Engaged in Business of Mining

Certificate of installed capacity issued by Commissioner of Industries is not conclusive

Excise & Customs : Where excise exemption was subject to condition that installed capacity should not exceed 1,98,000 tons per annum, certificate of installed capacity by Commissioner of Industries cannot be regarded as conclusive especially when Director of Industries had conceded that they had no means to determine installed capacity

ITAT direct AO to consider additional evidence filed by assessee for claiming sec. 10B relief

IT: Where Assessing Officer disallowed assessee's claim for deduction under section 10B and Commissioner (Appeals) declined to consider documents filed before him and dismissed appeal of assessee, entire issue required to be remitted back to Assessing Officer for fresh consideration

LOB clause of Indo-Singapore DTAA won't apply if income of Singaporean Shipping Co. is remitted in U

IT/ILT : Where appellant Indian company filed return in respect of a ship which was owned by a Singapore company, and Inland Revenue Authority of Singapore confirmed that in case of Singapore company, freight income has been regarded as Singapore sourced income and brought to tax on an accrual basis (and not remittance basis), entire freight income which was only from operation of ships in international traffic, was taxable only in Singapore; same could not be brought to tax in India

Non-withdrawal of allegations against counsel after agreeing to withdraw such charges is contempt of

IT : Engaging in e-mail communications with Standing Counsel levelling allegations against them and, not withdrawing such allegation despite stating so in High Court prima facie amounted to criminal contempt punishable in accordance with law