Writ not maintainable against pre-deposit order as it can be challenged in statutory appeal

Service Tax : Writ petition is not maintainable against pre-deposit order; said order can be challenged in statutory appeal

CIT had rightly exercised his revisionary powers when AO had made assessment without any examination

IT: Where there was non-application of mind while considering assessment under section 143(3) and procedure adopted would have implication on tax computation which ultimately caused prejudice to revenue, matter was remanded to Assessing Officer for fresh consideration

HC rejected winding-up of co. as it had proved its ability to pay debt

Company law: Where respondent company had sufficiently demonstrated that it was not incapable of paying its debts and it had made part payments even during course of this proceeding and submitted a schedule for further payments, respondent company was to be permitted to identify and enable sale of apartment in favour of a third party to discharge its dues to bank as well as petitioner company; winding up petition was to be closed

CBDT releases clarification on taxation of Alternate Investment funds

IT : Section 164 of The Income-Tax Act, 1961 - Charge of Tax Where Share of Beneficiaries Unknown - Clarification on Taxation of Alternative Investment Funds Having Status of Non-Charitable Trusts under Income-Tax Act, 1961

HC allows exchange difference loss on refund of customer’s advance relying upon ITAT’s order for pri

IT : Deduction on account of loss being exchange difference on refund of customer's advance relying upon Tribunal's order for prior assessment year of same assessee, to be allowed

Filing of ARE-1 is mandatory to avail of export rebate; non-compliance thereof would lead to denial

Excise & Customs : Procedure of filing of ARE-I, which is foundation in respect of verification of commodity sought to be exported and its exportability, etc., is mandatory and not directory/condonable and non-compliance therewith would lead to denial/rejection of rebate claims

CBDT notifies new tax audit Form with additional reporting requirements

IT/ILT/INDIAN ACTS & RULES : Income-Tax (Seventh Amendment) Rules, 2014 - Substitution of Form Nos. 3CA, 3CB and 3CD

No penalty for filing Tax Audit Report in Form 3CB due to completion of Statutory Audit after due da

IT : Where assessee furnished form 3CB alongwith return of income, there was sufficient compliance of provisions of section 44AB and merely because audit report was not furnished in form 3CA could not be a ground to impose penalty under section 271B

Classification of property by City Planning Commission couldn’t be altered by Tribunal for UK VAT pu

Service Tax : Tribunal does not have authority to deal with assessee's grievance with city planning authority/commission; hence, where planning permission opined that assessee's property was not a dwelling, same could not be regarded as dwelling for taxation purposes as well

Exp. incurred by Transport Corporations on repair of buses was revenue exp. under sec. 37(1), rules

IT : Where assessee, engaged in providing transport facilities to public, incurred certain routine expenditure to keep buses fit and roadworthy without obtaining any enduring benefit, its claim for deduction of said expenditure was to be allowed

No denial of Cenvat credit merely on basis of shortage of input found during internal stock taking b

Cenvat Credit : Shortage found in internal stock-taking conducted by assessee themselves for purposes of reconciliation of their entire stock cannot be made basis for denial of credit, without showing that input were not received or were cleared clandestinely

Compat stayed CCIs order levying penalty on small scale industry as it was facing financial crisis

Competition Law : Where appellant small scale industries were facing financial calamity because of order of CCI imposing penalty for entering into anti-competitive agreements, order of CCI was to be stayed in so far as it pertained to penalty aspect

Co. indicted for money laundering activities couldn’t be selected as a comparable for TP study, says

IT/ILT : Where TPO did not include advances while computing adjustment towards working capital, since trade practice of advances and subsequent adjustment of these advances against invoices raised, in case of assessee being captive service provider, had a bearing on profit margin, matter needed reconsideration

Department can’t initiate recovery proceedings during pendency of stay application before commission

Excise & Customs : Where stay application is still pending before Commissioner (Appeals), recovery proceedings against assessee is to be kept stayed during such pendency

Tribunal had to stay penalty proceeding during pendency of appeal

IT : Tribunal under section 254 has power to grant stay of penalty proceedings as incidental or ancillary to its appellate jurisdiction, provided Tribunal is satisfied that entire purpose of appeal would be frustrated or rendered nugatory by allowing such proceedings to continue during pendency of appeal

No sec. 4A valuation as tobacco sold in packs with weights upto 10 gms was exempt from affixation of

Excise & Customs : Where 'spit tobacco' is sold in packs showing weight up to 10 gms, then, as per rule 34 of Standards of Weights and Measures (Packaged Commodities) Rules, 1977, product is exempt from affixation of MRP and, therefore, section 4A of Central Excise Act, 1944 does not apply for valuation thereof

No addition for unexplained investment on basis of unsigned MOU recovered during survey for purchase

IT : No addition could be made on account of unexplained investment if MOU for purchase of land as well as receipt given by seller found during survey were unsigned documents and transaction had not materialized

Department to provide chance of hearing to assessee before rejecting its request seeking clarificati

CST & VAT : Where assessee made an application under section 48A of Tamil Nadu Value Added Tax Act, 2006 seeking clarification on a product and Competent Authority rejected application without affording opportunity to assessee, before rejecting application, assessee should be given opportunity of personal hearing

Sums payable on purchase of raw materials couldn’t be included in undisclosed income during block as

IT : In block assessment, amount payable for purchase should not be included in undisclosed income

Department can’t hold ST demand in abeyance until service provider recovers ST dues from service rec

Service Tax : Merely because there are dues from service recipient, service tax liability of assessee (service provider) cannot be kept in abeyance till service recipient pays to assessee

Madhya Pradesh Govt. amends VAT Rules; revises return forms for dealers opting for composition schem

CST & VAT/INDIAN ACT & RULES : Madhya Pradesh Value Added Tax Amendment Rules, 2014 – Amendment in Rules 8, 9, 21, 22, 23, 23A, 53A, 84A, Form 4B, Form 9, Form 10B and Substitution of Form 5 & 10

Govt. notifies 'Rashtriya Seva Samithi' under Sec. 35AC and specifies maximum deduction available to

IT : Section 35AC, Read with Explanation (b) Thereto, of The Income-Tax Act, 1961 - Eligible Projects or Schemes, Expenditure on - Notified Eligible Projects or Schemes – Rashtriya Seva Samithi, Andhra Pradesh

Beneficiaries of discretionary trust won’t be liable to tax if income of trust is taxed at maximum m

IT : Where income from trust had already been assessed in hands of trustees at maximum marginal rate, beneficial share could not be assessed in hands of beneficiary again

Company Court can’t order sale of assets of sick Co. on recommendations of BIFR

SICA : Power of High Court to order or cause to effect sale of assets of sick industrial company pending its winding up decision, on receipt of recommendation of BIFR, could not be sustained in law

Manufactures should pay duty on consignment basis through PLA on its failure to pay duty on due date

Excise & Customs : In case of default of payment of duty on due date, manufacturer has to clear goods by making payment of duty on consignment basis through PLA

Trust won’t be hit by proviso to sec. 2(15) if it preserves Indian arts and provides opportunities t

IT : Where assessee was collecting, exhibiting and displaying historical and contemporary Indian arts, architecture, craft and textiles and was also involved in preserving old arts, handicrafts and textiles, and gave employments to poor artisan by providing a platform to indigent village artisans to show their skills to general public, assessee's activities were for promotion and preservation of artistic interest in nature of relief to poor and preservation of objects of artistic interest

Department could demand security from VAT dealer if it was managed by a director of another defaulti

CST & VAT : Where department has raised demand for security based on fears that assessee would descend into non-compliance, as assessee was being managed by a director of defaulting company, said demand of security was valid and assessee's plea of hardship and jeopardy to his business is irrelevant

Transportation cost and taxes to be considered to compute market value of goods transferred under se

IT : In order to determine market value of goods for purpose of Explanation to section 80-I(8), incidental expenses such as transportation, octroi and local taxes are to be included to value of cost of goods sold

Commissioner had no powers to issue clarification on definition of capital goods under Tamil Nadu VA

CST & VAT: Where Commissioner issued a clarification to effect that since cranes were neither vehicles nor machinery, they could not be termed as capital goods falling under definition of capital goods under section 2(11), Commissioner had no powers to issue a circular or clarification under Tamil Nadu Value Added Tax Act, 2006

Assessee claiming ST refund via exemption notification is bound to comply with time-limit specified

Service Tax : An assessee claiming exemption/refund of tax paid on services used for export goods under Notification No. 41/2007-ST is bound by time-limit specified in said notification; he cannot claim benefit of general time-limit under section 11B of the Central Excise Act, 1944

SC: Attorney holder of complainant can initiate appeal and depose in proceedings under Negotiable In

Negotiable Instruments Act : Power of attorney holder may be allowed to file, appear and depose for purpose of issue of process for offence punishable under section 138 of NI Act

No withholding tax liability on payment of export commission to NR before withdrawal of Circular No.

IT/ILT : Where CBDT Circular No. 786 dated 7-2-2000 was in force at time of remittance of amount of commission to non-resident agent, assessee was not liable to deduct tax at source on such payment

HC stays recovery proceedings against ‘Jet Airways’ during pendency of stay application

Excise & Customs : Where there is no delay/inaction on part of assessee and application for stay is still pending, recovery proceedings must be stayed/kept in abeyance during pendency of stay application

Sum received on termination of agency’s term is a capital receipt as it puts an end to income earnin

IT : Where Assessee entered into an agreement with a German company in India for producing and selling products of said foreign Company in India for a specific period and after expiry of period of agreement, foreign company made gratuitous payment to assessee for issuing a NOC for setting up its subsidiary company in India, said amount being capital receipt in hands of assessee, could not be brought to tax

No ST on sale of flat even if advance was received by builder prior to completion of construction

Service Tax : When construction is for sale of flats and same are ultimately sold to customer, there is no service involved even if a part of consideration is received in advance; such advance is against sale consideration of flat and not for obtaining any service

MCA gives discretion to Cos to maintain records in electronic form

COMPANIES ACT, 2013/INDIAN ACTS & RULES : Companies (Management and Administration) Second Amendment Rules, 2014 – Amendment in rules 9, 13, 23 and 27

CIT can’t revise order of AO because he loses his jurisdiction due to a circular issued by CBDT subs

IT : Income tax Officer having valid jurisdiction at time of issuance of notice under section 143(2), subsequent disqualification would not scrap his jurisdiction of making assessment

Adjudication proceedings decided by Tribunal couldn’t be re-agitated in collateral proceedings

Excise & Customs : Where demand has been confirmed and upheld finally by Tribunal without further appeal, assessee cannot re-challenge show-cause notice and original order when department initiates recovery

Specified Public Cos engaged in multiple businesses can appoint an individual as its chairperson-cum

COMPANIES ACT, 2013 : Section 203 of the Companies Act, 2013 - Appointment of Key Managerial Personnel – Notified class of companies for purposes of second proviso to section 203(1)

MCA tweaks definition of "related party" to eliminate its disharmonious interpretation

COMPANIES ACT, 2013/INDIAN ACTS & RULES : Companies (Removal of Difficulties) Sixth Order, 2014 – Amendment in section 2 of the Companies Act, 2013

RBI asks authorized dealers to exercise due diligence and to adhere to KYC norms on sale of Prepaid

FEMA/ILT : Issue of Prepaid Forex Cards- Due Diligence and Adherence to KYC norms

Assessment of amalgamating Co. after its amalgamation with successor Co. is null and void

IT : Where assessee had already amalgamated with another company before finalisation of assessment, no assessment could be framed on assessee as it was not in existence when such assessment was framed

HC allowed assessee to furnish personal bond instead of bank guarantee in respect of unpaid disputed

CST & VAT : Where against order of assessment, assessee filed appeal before Appellate Deputy Commissioner along with stay petition and Appellate Deputy Commissioner directed assessee to pay 25 per cent of disputed amount of tax and imposed a further condition directing assessee to produce bank guarantee with respect to balance amount of tax, assessee was permitted to execute personal bond instead of bank gurantee

I-T Act recognizes Mutual fund as a special category of investment; it can’t be clubbed with investm

IT: Units of mutual being a special category investments, investment in mutual funds cannot be clubbed with investment in shares or commodities; and any surplus arising therefrom on sale of mutual fund kept as investment is long-term capital gain

HC discharged Liquidator on his failure to advertise winding-up petition of creditor on satisfaction

CL : Where petitioning creditor did not advertise winding up petition on satisfaction of its dues and it was not feasible to substitute another creditor in place of petitioning creditor for want of satisfaction of twin requirement of Rule 101 of Company (Court) Rules, official liquidator was to be discharged

Job work of making ‘Barbie Dolls’ out of parts received from client deemed as manufacture; not taxab

Service Tax : Activity of : (a) receiving parts of 'Barbie Dolls', 'Hot Wheel Kits', etc. from clients, (b) assembling them; and (c) clearing them in form of 'Barbie Dolls', 'Hot Wheel Kits' prima facie amounts to manufacture and not liable to service tax under Business Auxiliary Services

HC upheld revisional proceedings as exp. was allowed by AO without scrutiny of material available wi

IT: Where entire material available with department was not considered by Assessing Officer and certain expenditure was allowed in excess, it could not be said that revision order of Commissioner was a substitution to that of opinion of Assessing Officer

SetCom could reject settlement application after recording reasons even when assessee had co-operate

Excise & Customs : Settlement Commission can reject application at any stage, if it finds that full and true disclosure is not made, even after commission has allowed application to be proceeded with

ITAT upheld concealment penalty on MAT Co. as additions to its income led to increase in its book pr

IT : Where assessee, engaged in scientific research activities, consistently followed practice of Capitalising amount received during trial run period which was duly disclosed in its balance sheet, AO could not pass a penalty order under section 271(1)(c) taking a view that said amount being result of assessee's regular business activity, was liable to be added to its taxable income

TP additions on basis of comparables with differential functions, turnover and brand value are not j

IT/ILT : Where TPO made certain addition to assessee's ALP in respect of rendering software development services to its AE, in view of fact that some of comparables selected by TPO were improper on account of functional difference, turnover, brand value, etc, impugned addition was to be set aside and, matter was to be remanded back for disposal afresh

GTA services are eligible for credit only upto factory gate if excise duty isn’t computed on transac

Cenvat Credit : Definition of 'place of removal' under section 4(3)(c) of Excise Act would apply for Cenvat Credit purposes only if duty is payable with reference to transaction value; in any other case 'place of removal' would be 'factory gate' and credit of transport services would be available only up to said place of removal

Single Judge can order investigation into affairs of Co. while sanctioning amalgamation scheme

CL : Single Judge while sanctioning scheme of amalgamation is competent to issue direction under section 237(a)(ii) and then it is for Central Govt. to decide which authority would investigate

Department couldn’t impose ST demand on sub-contractor when full ST was paid by Principal advertisin

Service Tax : Where service tax on full consideration stands paid by principal advertising agency, no demand can be confirmed on other agencies working under it in view of Circular No. F. No. 341/43/96-TRU, dated 31-10-1996

Assessee can ask for cross-examination of witnesses relied upon by department without stating any re

Excise & Customs : Once certain reports or statements are relied upon by department, it is fundamental that author of report and persons from whom such statements are allegedly recorded should be made available for cross-examination; it is part of principle of natural justice which cannot be denied

SEBI clarifies position limits of domestic institutional investors for currency derivatives contract

SEBI : Clarification on position limits of domestic institutional investors for currency derivatives contracts

HC rejects condonation plea of assessee as he failed to substantiate grounds for filing belated appe

Service Tax : Where assessee's ground for seeking condonation of delay was unsubstantiated, delay could not be condoned

AO can’t make sec. 14A disallowance by invoking Rule 8D without recording his satisfaction

IT : Where Assessing Officer did not record any satisfaction as required by section 14A(2), disallowance under section 14A invoking rule 8D was unjustified

Passing remarks by Tribunal while deleting penalty won’t negate invocation of extended limitation pe

Excise & Customs : Where Tribunal found that assessee, a manufacturer of dutiable and exempted goods, did not comply with Cenvat rule 6 with an intent to evade duty and confirmed demand invoking extended period, such demand does not become invalid even if Tribunal has deleted penalty observing 'there was no intent to evade'

Sec. 44AE benefit not available if assessee owned more than 10 goods carriages even if one of them w

IT : Where assessee owns more than ten goods carriages at any point of time during previous year, even though one vehicle of assessee was under repair and assessee in fact had operated only ten goods carriages, he is not entitled to benefit of section 44AE

HC directs appointment of expert to find out a feasible payout method for disbursement of investor’s

SEBI : Where a committee was appointed to manage affairs of company and to make sure that sale of assets of company were to ensure that depositors be refunded their amounts, expert was to be appointed to assist committee in its task to evolve a feasible practicable method for disbursement of various amounts to depositors and investors

Order of SetCom can be subjected to writ jurisdiction of HC only when there is fault in decision mak

IT : High Court, under Article 226, can interfere/review an order passed by Settlement Commission under section 245D only if there is fault in decision making process, and not with decision itself

ST penalty can be waived off on existence of a reasonable cause even when extended limitation period

Service Tax : Since circumstances set out in section 73(1) for invocation of extended period are similar to those set out in section 78 for imposition of a penalty and since section 80 overrides section 78, section 80 would apply even if extended period of limitation is held invocable

Reassessment quashed as reasons recorded by AO didn’t indicate failure of assessee to disclose mater

IT : Where Assessing Officer having completed assessment under section 143(3), initiated reassessment proceedings after expiry of four years from end of relevant assessment year, in view of that in reasons recorded there was not even a whisper to effect that income had escaped assessment on account of any failure on part of assessee to disclose fully and truly all material facts necessary for its assessment, impugned reassessment proceeding deserved to be quashed.

Tool kits and first aid kits supplied along with two-wheelers were eligible for input credit

Cenvat Credit : For motor vehicle, tool kit and first aid kit has to be part of vehicle before same can be put to use; therefore, tool kits and first aid kits supplied along with two-wheelers are eligible for credit as input

HC couldn’t stay criminal proceedings against Co. and its director after sanctioning scheme of arran

CL : Where scheme of arrangement was sanctioned by High Court, application filed for stay on complaints against company and its directors for failure to pay amount due as stipulated in scheme was liable to be dismissed as section 391(6) does not empower court to grant stay on criminal proceedings after sanctioning of scheme

ITAT adopts LIBOR rate as benchmark for international transaction of lending of sums to AEs

IT/ILT: LIBOR being inter-bank rate fixed for international transaction has to be adopted as arm's length rate in case of lending of money in foreign currency to AE

MCA prescribes transitional period for resolutions passed under Companies Act, 1956

COMPANIES ACT, 2013 : Section 465 of The Companies Act, 2013 - Repeal of Certain Enactments and Savings – Clarification On Transitional Period for Resolutions Passed Under Companies Act, 1956

SC: Department must supply to assessee all docs relied upon by it before confirming demand

Excise & Customs : Adjudicating authority must follow principles of natural justice and supply to assessee all documents on which it proposes to place reliance

SC: Sahara can sell hotel properties overseas to raise money; Subrata Roy would continue to remain i

SEBI : Supreme Court allows three offshore hotel properties owned by Saharas to be transferred, sold or encumbered subject to condition that entire sale consideration received by Saharas after repayment of loan outstanding towards Bank of China is deposited with SEBI towards compliance with directions contained in conditional bail order dated 26-3-2014 passed by Court

AO couldn’t levy penalty by taxing trial run receipts on incomplete projects as they were capital re

IT : Where assessee, engaged in scientific research activities, consistently followed practice of Capitalising amount received during trial run period which was duly disclosed in its balance sheet, AO could not pass a penalty order under section 271(1)(c) taking a view that said amount being result of assessee's regular business activity, was liable to be added to its taxable income

ITAT upheld concealment penalty on MAT Co. as additions to its income led to increase in its book pr

IT : Where assessee, engaged in scientific research activities, consistently followed practice of Capitalising amount received during trial run period which was duly disclosed in its balance sheet, AO could not pass a penalty order under section 271(1)(c) taking a view that said amount being result of assessee's regular business activity, was liable to be added to its taxable income

Construction of residential units was liable to ST even if they were further transferred without con

Service Tax : When residential unit is transferred to another person, residential unit may not be considered to be for personal use even if such transfer is done without any consideration and, therefore, construction of houses for society transferring such houses without consideration to homeless fishermen is liable to service-tax

Agricultural land to be deemed as capital asset after its conversion into a non-agricultural land

IT : Where requisite approval for converting agricultural land into non-agricultural land was taken, said land no more remained agricultural land

Writ dismissed as assessee had filed writ without availing of opportunity of being heard provided by

CST & VAT : Where Assessing Officer issued on assessee notices for revision of assessments and assessee without availing opportunity given to it by filing objections to impugned notices filed writ petition, approach of assessee in rushing to High Court challenging notices simpliciter without even filing objections before Assessing Officer could not be sustained

No sec. 36(1)(iii) disallowance if interest wasn’t charged on advances when recovery of principal wa

IT : Where assessee had not charged any interest on amount advanced as amount was recovered only by filing a civil suit and with assistance of influential people, charging of interest on notional basis by Assessing Officer was not justified

If revenue intends to change classification of goods, onus is on it to prove otherwise

Excise & Customs : Where issue is in respect of classification of goods, onus is on revenue to show that goods are classifiable differently than that claimed by assessee

RBI enhances investment limit of Govt. securities by USD 5 billion for FIIs/QFIs/FPIs

FEMA/ILT : Foreign investment in India by SEBI registered Long term investors in Government dated Securities

Sums paid by purchaser of land towards income-tax dues of seller couldn’t be treated as income of pu

IT : Where assessee paid part of sale proceeds of disputed land to owner and balance to IT Department as instructed for recovery of tax dues of land owner, and whole amount was shown as liability in books, said sum could not be added to assessee's income

Winding-up plea to be dismissed if Co. pays overdue sum and raise dispute on claim of interest

CL : Winding up petition against company was to be dismissed when it paid principal due amount during pendency of winding up proceedings and had disputed petitioner's claim of interest

Courses run by flying training institutes and aircraft maintenance institutes are exempt from servic

Service Tax - Training and coaching in field of flying of aircraft for obtaining Commercial Pilot License from Director General Civil Aviation and training for obtaining Basic Aircraft Maintenance Engineering Licence are exempt, as they are qualifications recognized by law

No penalty on MAT Co. if it was liable to pay same amount of taxes even after addition of concealed

IT : Simply because before and after additions, assessee remained a MAT company and paid tax under section 115JB, that by itself does not mean that no penalty could be imposed

No denial of Cenvat credit merely on technical grounds if necessary ingredients for its availment we

Cenvat Credit : Technicalities cannot stand in way of Cenvat Credit, if necessary ingredients required for availing same under prescribed forms are otherwise available

NTPC could make downward revisions of provisional sales when final tariff of electricity was determi

IT: Where assessee electricity generating company had to carry on billing in terms of instruction of Regulatory authority CERC, till approval of tariffs and it was subject to adjustment after final tariff determination, reduction of sales was to be allowed

No unjust enrichment if assessee got refund of duty paid under protest in pursuance of SCN of earlie

Excise & Customs : Where assessee has paid duty under protest in pursuance of a show-cause notice for clearances already made during prior period and later, on winning case, applies for refund thereof, principle of unjust enrichment would not apply, as there was no occasion for assessee to recover said amount

Co. can’t be absolved from redressing investor’s grievance when its management is taken over by work

CL: Since company was obliged to redress investor grievances from time to time as long as it existed as a juristic person, contention of appellant that management was taken over by workers and factory premises were in possession of auction purchaser did not absolve company from its obligation

TPO couldn’t choose Cost Plus Method to fix ALP if there was functional differences in export and do

IT/ILT : Where assessee was engaged in business of manufacture and sale of industrial products such as decanters, separators etc. to its AE located abroad as well as in domestic sector, in view of fact that there were various differences in export segment and domestic segment such as market functions, geographic difference, volume difference, credit risk, related party transactions etc., TPO was not justified in adopting CPM as most appropriate method in order to make adjustment to assessee's AL

Time spent by EOU in legal remedies can’t be compensated by extension of its original period of Lett

Excise & Customs : Attachment and recovery after conformance of demand and order of Commissioner (Appeals) in favour of revenue, cannot be regarded as arbitrary or mala fide, merely because same is prior to disposal of stay petition before Tribunal

ITAT teaches basics to AO; reference should be made to DVO if assessee objects to stamp duty valuati

IT : Where assessee had title over land and he objected before Assessing Officer about value adopted by Stamp Valuation Authority which exceeded fair market value of land, Assessing Officer should have made reference to valuation officer under section 50C(2)

Now banks can decide on lending cap of loans to be granted against pledging of gold by non-agricultu

BANKING : Loans Against Gold Ornaments and Jewellery for Non-Agricultural End-Uses

RBI eases approval procedure for export of goods and services

FEMA/ILT : Export of Goods and Services - Project Exports

Operation and maintenance of windmills weren’t liable to ST under consulting engineer’s services

Service-tax : Operation and maintenance of windmills sold by client to their customers does not amount to advise/consultancy in any field of engineering and cannot not, therefore, be covered under consulting engineer

ITAT denies TDS credit to deductee on failure of deductor to deposit TDS amount to credit of Govt. i

IT : Tax deducted at source by deductor but not paid to Central Government within financial year could not be treated as payment of tax on behalf of assessee deductee and thus, assessee, could not claim credit of TDS in that financial year

No denial of export rebate on non-production of ARE-1 if other evidences proved that goods had been

Excise & Customs : Export rebate cannot be denied merely for non-production of original and duplicate copies of ARE-1, provided there is evidence that : (i) goods have been exported and (ii) they were duty-paid

No bar on block assessment if panchnama was signed by assessee even if locker mentioned in warrant y

IT : Where panchnama was signed by assessee, merely because warrant issued was limited to a locker maintained in her name which yielded nothing, same would not bar assessment under section 158BD

No service tax on maintenance or repair of motor vehicle parts by non-authorized service stations

Service Tax : Non-authorised Service/maintenance centre or workshop doing maintenance or repairs of any part of motor vehicle are excluded from scope of 'Management, Maintenance or Repair Services

Sum received on transfer of carbon credits isn’t taxable as no profit element is involved on their t

IT : Where assessee, engaged in business of power generation, received carbon credits for project activity of switching off fossil fuel from naptha and diesel to biomass, carbon credits not being linked with power generation, amount received on their transfer did not have element of profit or gain and it was not taxable

TPO couldn’t select three wheeler manufacturer as a comparable for ‘Yamaha Motors’ dealing in two wh

IT/ILT: Company manufacturing three wheeler is functionally dissimilar to company engaged in trading of two wheelers and cannot be selected as comparable

Signing a less favourable franchisee agreement with seller or denial to recall dead stock isn’t abus

Competition Act : Where fact that OP sports goods manufacturer signed agreement with informant seller that was less favourable or that OP did not take back dead stock, would not be said to be abusive of dominant position

Rebate is allowable on export of goods only when excise duty thereon is paid prior to export

Excise & Customs : Rebate is allowable only if excisable goods are exported after payment of duty i.e. duty is paid prior to export; payment of interest on belated payment of duty after goods have been exported cannot be construed to mean that condition of payment of duty prior to export of goods has been complied

HC affirms sec. 68 additions as assessee had failed to substantiate source of huge cash deposited in

IT : Where in respect of huge amount of cash deposited in bank, assessee failed to give list of persons who advanced cash to him along with their confirmation in respect of said cash credits, Assessing Officer was justified in adding said amount to assessee's taxable income under section 68.