ITAT denied sec. 10(23B) relief to assessee as it failed to produce exemption certificate for impugn

IT: If assessee does not have exemption certificate for a particular assessment year, benefit of exemption under section 10(23B) for that year cannot be granted to assessee

No denial of reassessment due to time constraint if it was made in consequence of finding/direction

IT : Where by an order any income is excluded from total income of an assessee for an assessment year, then assessment of such income for another assessment year shall be deemed to be made in consequence of any finding or direction contained in said order

HC remands penalty proceedings as main proceedings were pending for adjudication before ITAT

IT : Matter remanded to decide issue of penalty under section 271AAA since quantum appeal was pending consideration before Tribunal

Fee from marketing services was business profit as presence of NR's employees in India constituted s

IT/ILT : Marketing and management fee received by assessee on account of services outside India was not in nature of fees for technical services article 12 and should be charged to tax as per article 7 on net basis assessee did not make available its expertise and technical knowledge

Interest couldn’t be demanded beyond 1 year of relevant date if differential duty was shown in ER-1

ST : Where differential duty arising on differential price-rise was shown in ER-1 returns filed with department, department can demand interest thereon only within 1 year from relevant date and cannot invoke extended period

HC denied arbitral proceedings against liquidating Co.; directs applicant to lodge its claim with li

CL : Where applicant sought for initiation of arbitration proceedings for repayment of its dues from respondent company in liquidation, applicant was not granted leave to proceed with arbitration and was permitted to lodge its claim with Official Liquidator

Bank estopped from claiming interest on debt as it had agreed to liquidator's method of disbursing p

CL : Where appellant secured creditor agreed to Official Liquidator's method for disbursement of company's funds by paying only principal sum, appellant was estopped from challenging such method

Assessment to be made within 1 year of revival of proceeding if it got revived on non-payment of tax

IT : Tax being un-paid till specified date, proceedings before Settlement Commission was to be held abated

Input credit available on consumables used in work contract as assessee was manufacturing dutiable p

CST & VAT : Where assessee was engaged in business of printing and dyeing of fabrics manufactured by itself as also printing and dyeing of fabrics on works contract for others, it was entitled to deduction of input tax paid on consumables used in process of works contract

No denial of sec. 11 relief on non-filing of Form 10 if details about sums set apart for next year i

IT : Section 11 exemption cannot be denied merely on ground of furnishing Form 10 information by way of letter

ITAT directs TPO to re-examine ALP as assessee was in first year of operation and had incurred high

IT : Where variation in arm's length price took place because assessee company was in its first year of operation and it incurred higher expenditure on import duty on raw material, matter was to be remanded to TPO for re-consideration

HC grants complete stay of demand as Apex's Court's verdict relied upon by revenue was overruled in

CST & VAT: Where Assessing Authority made assessment relying upon decision of Supreme Court rendered in case of State of Andhra Pradesh v. Kone Elevators (India) Ltd. [2005] 140 STC 22 and raised tax demand upon assessee, since said judgment had now been overruled by Supreme Court in another case, assessee was entitled to complete stay of demand

Exp. on installation of computer software and lift was in nature of revenue exp., rules HC

IT : Expenditure incurred on installation of computer software, electrical work and installation of lifts was to be allowed as revenue expenditure

ITAT directs AO to decide whether receipt for customized research/retail management services would r

IT/ILT : Where assessee, a US based company, received certain amount from rendering customised research services and retail management services to its group concerns located in India, conclude as to whether consideration received by assessee company would fall within meaning of 'Royalty' or 'Fees for included services', matter was to be remanded back for disposal afresh in light of article 12 of India USA DTAA

No evasion penalty merely for non-filling of invoice number and date in the declaration Form ST-18C

CST & VAT : Where Assessing Officer having found that in declaration form ST-18C column of 'invoice number and date' was not filled in imposed penalty upon assessee under section 78(5), imposition of penalty was not justified

No TDS on commission paid to foreign agent for carrying out export sales outside India

IT/ILT: Where a non-resident agent of an Indian company operates outside country and payment is remitted directly abroad, merely because an entry in books of Indian Company is made, it does not mean that the non-resident has received any payment in India

HC reduced pre-deposit as CBEC's circular beneficial to assessee was not considered by lower authori

Excise & Customs : In view of circular No. 34/2007-Cus., dated 17-9-2007 separate chemically defined compounds are classifiable under Chapter 29

HC denied refund of pre-deposit as NPA amount payable by petitioner exceeded pre-deposit made before

SARFAESI : Where NPA amounts payable by petitioner to bank exceeded total deposit made by petitioner before Tribunal for hearing its appeal, application for refund of 25 per cent of deposit was to be rejected

Cultivation of land and its classification as agricultural land in revenue records proved it as a ag

IT-I : Where pursuant to search carried out in case of 'P', Assessing Officer recorded a satisfaction note that certain incriminating material seized belonged to assessee and, it was on basis of said satisfaction recorded in course of proceedings under section 153A, assessment proceedings were initiated in case of assessee under section 153C, there being no infirmity in procedure adopted by revenue, validity of impugned proceedings was to be upheld

HC upheld VAT penalty on assessee when declaration Form ST-18A was found blank

CST & VAT : When declaration Form ST-18A accompanied with goods in transit was found blank, levy of penalty under section 78(5) of Rajasthan Sales Tax Act, 1994 was justified