Extended period not available if barging classified under 'Port Service' and subsequently under 'Car

Service Tax : Where department earlier classified barging viz. transportation of goods in barges from a mothership to jetty under Port Service but later sought to classify it under 'Cargo Handling Service', prima facie, extended period was not invocable

HC concluded that difference in quantity of manufacturing and export would be deemed as suppressed l

IT: Where there was considerable discrepancy in quantity of gold recorded in assessee's books at time when ornaments were manufactured and received from artisans, as compared to gold actually exported by assessee to its foreign importers and such differential quantity of gold did not form part of assessee's exports, it was rightly concluded that gold was subjected to local sales

CHA license not to be revoked on violation of law without mens rea; suspension for specific period i

Excise & Customs : Where CHA had granted G Cards, in an unauthorized manner, to certain illegal exporters but CHA had not facilitated illegal exports and same were made without his knowledge, CHA cannot be inflicted with penalty of revocation of license; suspension of license for specific period is a sufficient penalty

Opportunity of being heard and speaking order is mandatory when sec. 17 assessment is contrary to cl

Excise & Customs : Finalization of assessment should be in accordance with procedure contemplated in section 17, including granting of opportunity of being heard and passing of speaking order as contemplated in section 17(5), when assessment is contrary to claim of importer

Director gets scot-free passage in absence of evidence for her involvement in violation of FERA prov

Foreign Exchange Laws : In absence of any evidence to show manner in which appellant-director was responsible for conduct of business of company which contravened provisions of section 18 of FERA, no case of contravention of section 18 was made out against appellant

Incentives to subscribers for generating additional revenue is a 'selling exp.' to be excluded from

IT/ILT: Revenue generated by assessee from bookings done by subscribers was major source of assessee's income from its AE and such 'Incentive' to subscribers could not be viewed as anything other than 'Selling expense' which was liable to excluded from total AMP expenses

SC: An interim order directing a Co. not to alienate its asset didn’t amount to creation of charge i

CL : Whereby through an interim order the company-in-liquidation was directed, not to charge encumber or alienate any of its assets except with the leave of court, including the assets listed in the respective undertaking given by the company. Since the injunction was issued only to ensure that the company-in-liquidation does not further encumber or create charges in favour of third parties over the assets of the company in liquidation therefore, neither the interim order nor undertaking given b

Sum paid to Iraq authorities after RBI's approval under 'Oil for food' programme wasn't illegal and

IT: Payments made by assessee as inland transportation charges for delivery of goods and commission payment to parties who rendered services for procurement of order were fully deductible as said expenditures were incurred by assessee for purpose of its business and did not fall under category of an expenditure incurred for any purpose which is an offence or which is prohibited in law in terms of Explanation to section 37(1)

CHA license not to be revoked on violation of law without men srea; suspension for specific period i

Excise & Customs : Where CHA had granted G Cards, in an unauthorized manner, to certain illegal exporters but CHA had not facilitated illegal exports and same were made without his knowledge, CHA cannot be inflicted with penalty of revocation of license; suspension of license for specific period is a sufficient penalty

RBI allows use of transaction based reporting format for cross border wire transfer

FEMA/ILT : Reporting of Cross Border Wire Transfers - Specified Format/Reports for

Assessee immune to penalty when revenue failed to invoke correct provision in show-cause notice

Excise & Customs : Where assessee has paid entire duty at time of provisional assessment and there is no duty demand in adjudication order, no penalty can be levied under section 114A

ITAT grants sec. 80-IB(10) relief on additional income offered by real estate entity during search

IT : Assessee is eligible for deduction under section 80-IB(10) in relation to additional income offered in a statement under section 132(4) in course of search and subsequently declared in return filed in response to notice under section 153A(1)(a)

Unexplained cash to be added as assessee failed to prove that he acted as transfer agent and didn't

IT : Where assessee failed to bring any material on record to substantiate that he acted as an agent and was given cash for purchasing gold, addition was justified

Failure to pay collected service-tax was a bailable offence until provision was amended by FA 2013

Service Tax: Where assessee had not paid service tax exceeding Rs. 50 lakhs collected during 2008 to 2012, assessee was entitled to bail because amendment vide Finance Act, 2013 is not retrospective and though offence is continuing one, it was bailable when it was originated

Registration denied to trust formed to impart education to children of Christian community only

IT : Where assessee-trust had been formed to impart education primarily to children of Christian Minority Community and main objective of society-trust was to provide quality education in Christian environment, registration under section 12AA should be denied to it

Withdrawal of requirement to take clearance from 'Committee on Disputes' for filing of appeal isn't

Excise & Customs : In case of appeals filed before 17-2-2011, either COD clearance must have been obtained or an application in that behalf must be pending on 17-2-2011, failing which appeals are liable to be dismissed as not maintainable

HC upheld transfer order as it was issued to facilitate coordinated investigation of related entitie

IT: Where purpose of section 127 order was to ensure that an orderly and coordinated investigation took place while conducting assessment of related entities involved and show-cause notice was issued granting an opportunity of being heard, no prejudice would be caused by mere section 127 order

SAT upheld penalty for 'front running' as appellant was trading in scrips of co. with prior knowledg

SEBI : Where appellant traded in sale of scrip of company with prior knowledge of buy of orders of other entities, appellant indulged in front running which was violative FUTP Regulations

A manufacturer has to prove unjust enrichment vis-à-vis his buyer and not 'ultimate consumer'

Excise & Customs : A manufacturer cannot be asked to produce evidence to show as to who ultimate consumer was and whether such consumer had borne burden of duty; a manufacturer has to prove unjust enrichment vis-à-vis his buyer and not 'ultimate consumer

Transport subsidy aiming to reduce transportation cost is to be treated as revenue receipts

IT : Transport subsidy granted to assessee-company after setting up of new industry which had effect of reducing inward and outward transport costs, had to be treated as subsidy of revenue nature liable to tax