Sunday, 8 November 2015

Receipt of share application in cash doesn't violate provisions of sec. 269SS

IT : Where assessee-company had received an amount of Rs. 35 lakhs from its directors towards share application money in cash, provisions of section 269SS were not applicable in instant case

Receiving duty paid goods from job worker treated as purchase in hands of principal manufacturer

Central Excise : Return of processed fabrics by job-workers is valued as if it is 'sold' by job-worker; once it is treated as 'sale' by job-worker, it would amount to 'purchase' by assessee and specified processed carried out by assessee subsequent to said 'purchase' would be exempt under Notification No. 38/2003-CE

Quotation of identical price by bidders in tenders floated by 'Western Coalfield' was anti-competiti

Competition Act: Where OPs, service providers in colliery areas, had quoted identical prices above estimated cost in tenders floated by informant for transportation of sand and coal, conduct of OPs was anti-competitive

Rule 10B doesn't prescribe minimum number of companies for comparability analysis

IT/ILT: Where in case of one comparable selected by TPO, there was amalgamation of another company and said extraordinary event resulted in earning of high operating margin of that company, it had to be excluded from list of comparables

A super profit making co. is excludible from comparables list particularly when it is functionally d

IT/ILT: A super profit making company cannot be selected as comparable particularly when it was functionally different

Govt. authorizes post offices to receive sovereign gold bond applications

IT/BANKING : Sovereign Gold Bond Scheme, 2015 – Notified Designated Post Offices for Said Scheme

AO couldn’t pass attachment order if assessee had filed appeal against such order alongwith stay app

IT : Where assessee filed an appeal challenging order of assessment within time period prescribed under section 246 alongwith a stay application, Assessing Officer could not pass an order of attachment in terms of section 281B during pendency of said appeal

There could be no motive in mis-declaration of value when goods were wholly exempt

Excise & Customs : Where, based on opinion of expert body, Tribunal found that : (a) goods were software and exempt from duty and (b) declared value thereof was not excessive, said findings, being findings of fact, were not to be interfered with