No sec. 80-I relief on duty drawback as it doesn't form part of net profits of industrial undertakin

IT: Tribunal rightly directed to work out value of finished goods lying at port on basis of average cost, as this method of valuation of closing stock of raw material had been accepted by assessee

Open remand order would not create binding precedent if no positive view was taken in it, rules High

Central Excise : When matter was remanded back in entirety for reconsideration by Tribunal and there was no positive view taken in remand order, remand order cannot be regarded as binding precedent

Secured creditor couldn’t be asked to refund the amount paid to it for meeting tax liability of liqu

CL: Where secured creditor was paid an amount from sale proceeds towards its dues, it could not be asked to refund that amount towards tax liability of company

Cognizance order passed under FUTP norms after 4 yrs of offence but within 1 yr of investigation was

SEBI : Cognizance order passed after four years of commencement of offence but within one year of submission of investigation report and complaint by SEBI would not be barred by limitation

Law requires appellant to submit certified copies of order, submissions of its zerox copies isn't su

Excise & Customs : Where law requires appellate/other authority to supply a certified copy of order passed by it, time-limit would start running only after a certified copy is supplied; mere supply of photocopy by other party is not sufficient

Even 'Solatium' awarded by court would form part of enhanced compensation to avail benefit of sec. 5

IT: Where assessee was awarded by enhanced compensation, benefit under section 54H would be extended to entire amount of compensation as enhanced by Court as compensation connotes not only market value but also statutory benefits provided under Act

Failure to issue notice in time couldn't be cured by sec. 292BB

IT : Failure to issue a notice under section 143(2) within prescribed period cannot be cured by taking recourse to section 292BB

No sec. 158BD block assessment if AO failed to satisfy that material unearthed in search belonged to

IT : Where AO in case of searched person did not record objective satisfaction that incriminating material found in search belonged to assessee, block assessment order passed by jurisdictional AO in case of assessee was to be set aside

Appeal dismissed for default of Tribunal was restored to after imposing cost on the department

Excise & Customs : Even if assessee may not have pursued appeal before Tribunal with as much care as it should have been; however, by awarding costs payable to department, appeal may be restored to give assessee an opportunity to pursue on merits

Foreign decree against guarantor doesn't bar filing of winding up plea in Indian High Court

CL : Even where there is foreign decree against guarantor, winding up petition can still be admitted in jurisdictional High Court in India

CBDT notifies new hierarchy of income-tax authorities; Principal CCIT to be superior to CCIT

IT/ILT : Section 118 of The Income-Tax Act, 1961 - Income-Tax Authorities - Control of - Notified Subordinate Officer – Amendment in Notification No. SO 359, DATED 30-3-1988

CBDT notifies hierarchy of Transfer Pricing Officers

IT/ILT : Section 120(1) and (2) of The Income-Tax Act, 1961 - Income-Tax Authorities - Jurisdiction of – Transfer Pricing Officers – Supersession of Notification No. SO 279(E), DATED 12-3-2003

CBDT revises class of persons and territorial jurisdiction of Transfer Pricing Officers

IT/ILT : Section 120(1) and (2) of The Income-Tax Act, 1961 - Income-Tax Authorities - Jurisdiction of - Supersession of Notification No. SO 994(E), DATED 9-9-2001

CBDT notifies territorial jurisdiction of CITs for purpose of transfer pricing study

IT/ILT : Section 120(1) and (2) of The Income-Tax Act, 1961 - Income-Tax Authorities - Jurisdiction of – Transfer Pricing Officers, Delhi

CBDT specifies class of persons on whom CITs can exercise powers and functions relating to TDS

IT/ILT : Section 120(1) and (2) of The Income-Tax Act, 1961 - Income-Tax Authorities - Jurisdiction of - Supersession of Notification No. SO 881(E), DATED 14-9-2001

Ruling of SC applies to all cases irrespective of their stage of pendency unless prospective effect

Excise & Customs : Supreme Court decision applies to all cases, irrespective of stage of pendency thereof, unless Supreme Court expressly indicates that decision would have prospective effect

Four year's time-limit provided for rectification is also applicable to recall exparte order of Trib

IT : Time-limit of four years provided for rectification of Tribunal's order is also applicable for recalling an ex-parte order of Tribunal

FinMin raises monthly petrol entitlement of presiding officers and members of SAT

SEBI/INDIAN ACTS & RULES : Securities Appellate Tribunal (Salaries, Allowances and Other Terms and Conditions of Presiding Officer and Other Members) Amendment Rules, 2014 – Substitution of Rule 8

'International Union for Conservation of Nature and Natural Resources' can't be held as a foreign so

FOREIGN CONTRIBUTION/ILT : Section 2(1)(j)(ii) of The Foreign Contribution (Regulation) Act, 2010 – Foreign Source - Notified Interntional Agency

HC quashes allegation of suppressed purchases as all purchases were duly accounted for in books

CST & VAT : Where all purchase of goods were accounted in books in support of transported goods, Tribunal's order that there was no suppression of purchase cannot be faulted with

No revision by CIT on issue relating to apportionment of exp. if AO had duly examined such claim

IT: Where Assessing Officer had specifically examined issue relating to apportionment of common expenditure and was fully satisfied with apportionment made, Commissioner could not have invoked provision under section 263 merely on assumption that order passed by Assessing Officer could possibly have been erroneous

CESTAT directs DR/AR of benches to list appeals before Court if evidence of mandatory pre-deposit is

EXCISE & CUSTOMS LAWS : Section 35F of The Central Excise Act, 1944 – Deposit, Pending Appeal of Duty Demanded or Penalty Levied – Mandatory Deposit of 7.5/10 Per Cent, as The Case May be, Has to be Made for Filing Appeal Before Tribunal – Clarification Thereon

AO can’t disregard ITAT’s stay order to collect pending tax on basis of consent letter from assessee

IT/ILT: If Tribunal grants stay of recovery of demand, the Assessing Officer cannot collect the pending amount from assessee even after obtaining a consent letter from him.

HC stayed pre-deposit order of Tribunal on clandestine removal as Courts had divergent opinions on i

Excise & Customs : Where, despite divergent views in various decisions, Tribunal had ordered 25 per cent pre-deposit of duty on clandestine removal based on electricity consumption, High Court stayed said pre-deposit direction pending further others

Hospitals couldn't be deemed to have object of general public utility; eligible for sec. 12AA regist

IT: Where assessee, charitable institution was running a hospital, proviso to section 2(15) would not be applicable

Registrars to keep separate registers for cases in which stay was granted and where no stay was gran

Excise & Customs Laws : Section 35C of The Central Excise Act, 1944 - Orders of Appellate Tribunal - Maintenance of Registers of Cases Where Stay Granted/Not Granted

Sec. 69A couldn't be invoked on a presumption that unaccounted money was bound to flow in a real est

IT : Huge cash in hands of vendors and corresponding withdrawals by purchasing of land by assessee to be verified for making addition in hands of assessee

No tax on packing material as it was used for sale of salt which was not liable to VAT

CST & VAT: Where assessee purchased plastic bags against declaration form without payment of tax and packed salt in such bags for sale, since salt was not subjected to any sales tax, plastic bags in which salt was being packed were not equally subjected to levy of tax

Capital gain tax couldn't be treated as liquidation exp. to get priority over dues of workmen and se

CL: Capital gains payable by company on sale of assets by court not liquidation expenses, cannot be paid in priority over dues of workmen and secured creditors

Time-limit prescribed under sec. 11A of Excise Act would also be applicable to recovery of interest

Excise & Customs : Time-limit for recovery of principal (duty) would also apply to recovery of interest; therefore, time-limit of section 11A of Central Excise Act, would apply for recovery of interest under section 11AA

HC denies rectification plea as revenue was pleading only on basis of contentions noted in past orde

IT : Where rectification application of revenue to disallow marketing expenses was based on contentions which were noted in earlier order of Tribunal, its dismissal would be proper

Registrars to keep separate registers for cases in which stay was granted and where no stay was gran

EXCISE & CUSTOMS LAWS : Section 35C Of The Central Excise Act, 1944 - Orders of Appellate Tribunal – Maintenance of Registers of Cases where Stay Granted/Not Granted

Govt. constitutes Indirect Tax Ombudsman at Chennai

ST LAWS/EXCISE & CUSTOMS LAWS : Indirect Tax Ombusman Guidelines, 2011 – Dispute Resolution and Taxpayers Services Through Indirect Tax Ombudsman, Chennai

CBEC gives discretion to authority to order pre-audit by clubbing artificial splitting up of rebate

EXCISE & CUSTOMS LAWS : Section 14A of The Central Excise Act, 1944 - Special Audit in Certain Cases – Clarification on Splitting up of Rebate Claims to Avoid Pre-Auditing

No VAT on sale of used car as it was a solitary transaction as assessee was dealing in timber

CST & VAT: Where assessee was a dealer in timber and during year it sold a used car, sale of car was a solitary transaction and it would not make assessee a dealer or a casual dealer in car

Exp. incurred by cable operator in laying cables for providing cable connections to viewers was reve

IT : Where assessee company providing cable connections, incurred expenditure in laying cables, said expenditure was to be regarded as revenue in nature

CUP method should be preferred over TNMM on availability of internal comparables

IT/ILT: Where rates charged by assessee to AE were comparable with rates charged by assessee to unrelated parties and rates charged by other parties to AE in earlier years, CUP method followed by assessee was most appropriate method

Subsequent demand notice was invalid as there was overlapping of ST demand on issuance of two show c

Service Tax : Where two show-cause notices had been issued by authorities of two different jurisdictions demanding service tax on same transactions under same category for common period, subsequent notice was invalid upto extent of overlapping

HC allows applicant-creditor to sell off property of liquidating-co. as per directions issued by Ape

SARFAESI: Where applicant-secured creditor sought for permission to sell properties of company-in-liquidation, it was permitted to do so following directions issued by Supreme Court in its earlier decision

Assessing authority can rectify error in its judgment only through revision and not by tax escaping

CAT & VAT: Where Assessing Authority at time of assessment did not include amount of profit disclosed in taxable turnover on plea that profit was exempted from tax and subsequently he reassessed assessee to tax on amount of profit, it was case of error of judgment rectifiable only by way of revision

Reassessment to tax income from house property upheld as ALV of property assessed at higher rate in

IT : Where Assessing Officer having completed assessment taking rental value of property at a particular amount, initiated reassessment proceedings finding that in earlier assessment year rental value accompanied by interest free deposit had been assessed at higher amount and said annual value would have only witnessed an increase during intervening period of two years, validity of proceedings so initiated deserved to be upheld

Appeal can be made against order of Commissioner (Appeals) if appeal was examined by Committee of Co

Excise & Customs : Committee of two Commissioners decides whether an appeal should be preferred, when impugned order is passed by Commissioner (Appeals); only when original adjudication order is passed by Commissioner, then a Committee consisting of two Chief Commissioners examines appealability of said order

No reassessment to deny sec. 10B relief on job-work activity if such fact was duly examined during a

IT : Where in original assessment proceedings assessee had, on a specific query raised by Assessing Officer, informed him that it was carrying out manufacturing/production activity on 'job work basis' and despite that Assessing Officer allowed deduction under section 10B, assessment could not be reopened on ground that assessee carrying out work on job basis was not entitled to deduction under section 10B

AO had rightly rejected books and made estimated addition to turnover after finding discrepancies du

CST & VAT : Where Assessing Officer conducted survey at business premises of assessee and found various discrepancies, he was justified in rejecting account books and making addition to turnover on estimate basis

ITAT directs AO to exempt gains on sale of land as assessee had wrongly taken agricultural land as c

IT: Where Assessing Officer in remand report had accepted that agricultural income from sale of standing trees had been arrived at based on relevant market value, claim of assessee was to be allowed

RBI issues guidelines on monitoring tools for intra-day liquidity management

BANKING : Basel III Framework on Liquidity Standards – Monitoring Tools for Intraday Liquidity Management

MCA revises fee schedule for filing petitions before CLB

COMPANIES ACT, 2013/INDIAN ACTS & RULES : Company Law Board (Fees on Applications and Petitions) Amendment Rules, 2014 – Amendment in Schedule

Interest paid to different related parties at different rates couldn't be disallowed when it was pai

IT : Unless payment of interest was in excess of market rate, merely because assessee paid interest at different rates to different companies, payment of interest could not be held to be excessive and unreasonable

Materials used in tyre retreading weren't liable to ST; SC dismissed delayed appeal of revenue

Service Tax : Supreme Court dismissed Revenue's appeal on ground of delay, which was filed against Tribunal judgment holding that materials used in tyre retreading is not liable to service tax and are eligible for benefit of Notification No. 12/2003-ST

No auction on basis of notice published in newspaper having low circulation in locality where asset

SARFAESI : Auction sale on basis of notice published in newspaper having low circulation in locality where property was situated was not valid

HC directs Tribunal to reconsider case as judgment relied upon by it had been overruled by Apex Cour

Excise & Customs : Where High Court judgment relied upon by Tribunal was overruled by Supreme Court and other contentions were not dealt with by Tribunal, matter was to be remanded back for reconsideration by Tribunal

Mere availability of additional facts during search couldn't shut out regular assessment order at th

IT : Where in course of regular proceedings, Tribunal deleted addition of capital gain holding that assessee's claim was genuine but, subsequently, pursuant to search proceedings, Tribunal held that amount of capital gain earned by assessee was taxable as 'income from other sources', rectification application filed by assessee could not be dismissed at threshold on ground that in view of certain further facts available in search and seizure finding recorded in regular assessment could not be giv

No purchase tax on jelly being obtained on payment of royalty as it was consumed to manufacture read

CST & VAT : Where assessee obtained jelly from its quarry after payment of royalty and consumed same in manufacture of ready mix concrete, it was not liable to pay purchase tax on jelly

Forex gain couldn’t be taxed separately as it was incidental to profits earned by Cos covered under

IT : Where assessee, a shipping company, had earned foreign currency transaction gain, same could not be taxed separately because on account of such business activity alone such gain arose

Sec. 115A doesn't debar assessee from entering into a new agreement to have lower tax rate on royalt

IT/ILT : Provisions of section 115A(1)(b)(AA) do not debar assessee to entre into new agreement after change of situation resulting in reduced rate of royalty

Delay in filing departmental appeal due to time spent in taking approval from CBEC is condonable

Service Tax : Where appeal was filed by department after taking approval from CBEC and delay had been caused thereby, such delay was condonable

Bye laws of NSE permit only annulment of those trades in which there is a material mistake in trade

SEBI: Bye-law 5(a) does not permit annulment of trades executed by mistake, but permits annulment of only those trades where there is material mistake in trade

Tribunal couldn't reduce penalty provided under sec. 11AC if requisite mens rea existed

Excise & Customs : If requisite mens rea exists, penalty provided under Section 11AC is mandatory; hence, where Tribunal had reduced penalty despite upholding charge of evasion, matter was remanded back to Tribunal for consideration afresh

No addition as AO failed to prove that assessee was conducting certain coaching classes to earn undi

IT : Where Assessing Officer made addition to assessee's income taking a view that assessee conducted classes in Gujarat medium also income in respect of which had not been offered to tax, in view of fact that brochures of tuition published by assessee did not mention that classes were being conducted in Gujarati medium, impugned addition was to be set aside

Prior to 16-6-2005, reshelling of sugar mill rollers was not liable to service tax

Service Tax : Job work/processing of old and worn out sugar mill rollers by de-shelling, re-shelling and further processing like machining and growing etc. is liable to service tax under Management, Maintenance or Repair Services only from 16-6-2005

HC upheld reassessment as it was bases on finding of VAT authorities and not on basis of SCN of Exci

CST & VAT: Where Excise Department conducted raid upon assessee and issued show cause notice on it and thereafter Assessing Officer passed reassessment order on assessee, since there were findings by authorities below that there was evasion of tax by assessee, it could not be said that reassessment order had been passed incorporating details of show cause notice issued by Excise Department

No reassessment to disallow claim of bad-debt if full and true disclosure was made during original a

IT : Where assessee had furnished full details in respect of its claim for bad debts and provision made for diminution in investments in its original computation of income, reassessment to make addition for said provision be deleted

No dismissal of appeal for want of COD clearance if procedure of obtaining such clearance had been r

Excise & Customs : Since directions of Supreme Court mandating CoD clearance were recalled by Supreme Court itself on 17-2-2011, appeal could not be dismissed for want of CoD clearance on or after said date, even if appeal was filed before said date

Use of declaration forms by dealer for importing goods without any authority attracts penalty

CST & VAT : Where assessee had imported goods into State of U.P. and used Form 'C' and Form XXXI without any authority, levy of penalty under section 10A of C.S.T. Act, 1956 was justified

Transfer order couldn't be accepted if it didn't indicate any reason for transfer of case, rules HC

IT : Where order does not indicate any reasons in support of decision to transfer case of assessee despite objection of assessee against transfer, said transfer order cannot be accepted

CESTAT doesn’t have powers to transmit appeal to Commissioner(A)

Service Tax : Where assessee had filed appeal against order of Joint Commissioner before CESTAT, CESTAT dismissed said appeal as not maintainable and assessee's request to transmit appeal papers to Commissioner (Appeals) was rejected

ITAT directs AO to examine as to whether assessee was entitled to sec. 10B relief on denial of sec.

IT : Alternative claim for deduction under section 10A to be examined in case deduction claimed under section 10B is denied

ITAT directs re-adjudication of case as TPO had allowed less then 4 working days to assessee to resp

IT/ILT: Where sufficient opportunity was not given to assessee to furnish requisite details and documents to answer queries raised by TPO and DRP had also not gone into evidence filed before it by assessee, matter required re-adjudication

SEZ unit paying ST under reverse charge mechanism on service received from outside India could claim

Service Tax : Where assessee, a unit in SEZ, had paid service tax under reverse charge under section 66A on commission paid to agents staying abroad, said tax was eligible for refund under Notification No. 9/2009-S.T

HC quashed complaint on dishonour of cheque as parties had already reached an amicable settlement

Negotiable Instruments Act : Complaint under section 138 would be quashed when parties had reached an amicable settlement

In provisional assessment interest on short payment of duty arises only upon determination of duty b

Excise & Customs : Under rule 7(4) of Central Excise Rules, 2002, interest arises only from first day of month succeeding month for which such amount is determined till date of payment thereof; thus, interest liability arises only upon determination of value or duty by adjudicating authority

Sec. 54B relief available on transfer of capital asset situated outside 8 kms of municipal limits

IT: Land situated outside 8 kms. from municipal limit in terms of approach by road, would be entitled to deduction under section 54B

HC directs revenue to file an appeal for all AYs when Appellate Authorities follows own orders of pr

IT: Where Tribunal in impugned order had just followed its own earlier view and that too in relation to same assessee, appeal against order of Tribunal did not raise any substantial question of law

High Court stayed 50% of tax demand as hearing of writ petition filed by assessee would take a long-

IT : Where disposal of writ petition filed by assessee was to take long time, recovery of 50 per cent demand was stayed on payment of 50 per cent demand

CBDT revises category of taxpayers to which DRPs at Mumbai can exercise powers and functions

IT/ILT : Section 144C of The Income-Tax Act, 1961 - Dispute Resolution Panel (DRP) - Reference to – Reconstitution of DRPs at Mumbai

Assessing authority wasn’t obliged to grant refund if Appellate Authority had remanded case without

CST & VAT : Where Appellate Authority had set aside assessment order and remanded case to Assessing Authority without any specific direction to refund amount of tax, etc. deposited by assessee, it was not obligatory on part of Assessing Authority to refund said amount

CBDT constitutes DRP Panel-IV at Mumbai

IT/ILT : Section 144C of The Income-Tax Act, 1961 - Dispute Resolution Panel (DRP) - Reference to – Reconstitution of DRP at Mumbai

ITO couldn't declare sale deed as void by resorting to sec. 281; he had to proceed under Transfer of

IT : ITO has no jurisdiction to declare sale deed void under section 281

CBDT notifies different class of taxpayers for exercising powers and functions by Principal CITs and

IT/ILT : Section 120(1) and (2) of The Income-Tax Act, 1961 - Income-Tax Authorities - Jurisdiction of - Supersession of Notification No. SO 732(E), DATED 31-7-2001

Sec. 14A disallowance not triggered unless and until there is a receipt of exempted income during th

IT: Unless and until, there is receipt of exempted income for concerned assessment years, section 14A cannot be invoked

Issue as to whether certain process would amount to manufacture was not appealable before High Court

Excise & Customs : Where issue directly involves, among other things, determination of whether process amounts to manufacture or not, matter should be agitated before Supreme Court and no appeal lies before High Court

Co. can’t submit Form 32 with ROC before action contemplating vacation of office of director is unde

CL : No leave can be granted to company to submit Form 32 with RoC to intimate vacation of office by director before action contemplated in requisite provision is actually taken

Tribunal couldn't decide appeal on merits if appellate authority had dismissed appeal due to pre-dep

CST & VAT: Where Appellate Authority dismissed appeal of assessee on account of non deposit of amount of pre deposit and Tribunal, on appeal filed against impugned order, decided appeal on merits, matter was remanded to Tribunal for consideration afresh bearing in mind that appeal before it was against dismissal of appeal on ground of non deposit of amount

Exp. incurred on abandoned projects is allowable under sec. 37(1)

IT : Where assessee incurs a liability under a contract which is terminated and therefore no amount under contract or in pursuance of a claim is receivable, assessee is entitled to claim said amount incurred as expenditure in implementing contract

Tribunal can recall its order if it is contrary to dictum laid down by the Apex Court, rules High Co

IT: An order, which is contrary to a judgment of Supreme Court, is patently erroneous and can be recalled by Tribunal

ITAT deletes disallowance as AO failed to prove that payments were made to related parties and they

IT: Where Assessing Officer had failed to prove that concerns were related parties as defined under section 40A(2)(b) and, payments were excessive, there was no case for making disallowance of 'agents incentive' paid by assessee to two concerns by invoking provisions of section 40A(2)(a)

Co. providing investment advisory service in not functionally comparable with Co. engaged in merchan

IT/ILT : Where TPO made addition to assessee's ALP in respect of rendering investment advisory services to its AE on basis of TNMM by adopting one 'M' as comparable, in view of fact that 'M' was engaged in business of merchant banking and, thus, it being a case of functional difference, impugned addition was to be set aside

Supreme Court admits appeal relating to service tax liability on oil-well drilling contracts

Service Tax : Supreme Court admits appeal against Tribunal judgment holding that Drilling of exploratory wells using own equipments would be : (a) mining services during 1-6-2007 to 15-5-2008, and (b) Supply of Tangible Goods for Use Services thereafter

Takeover option wasn't available to petitioner as he failed to exercise it within 15 days of order o

CL : Where pursuant to CLB's order petitioner exercised takeover option of respondent company, as a relief to bring an end to acts of oppression and mismanagement, beyond 15 days from date of relevant orders of CLB and High Court, such option was no more available

ITAT upholds OECD bar on use of TNMM for entities which are less successful than average ones for co

IT/ILT : OECD guidelines provide that in no case transaction profit method (TNMM/PSM) should be used on enterprises which are less or more successful than the average and where the reasons for success/lack thereof is attributable to commercial factors

Tribunal had to adhere to principle of consistency while passing pre-deposit orders

Excise & Customs : If, in same situation on same grounds, interim order has been passed imposing certain conditions, then, in subsequent cases, for maintaining certainty and consistency, Tribunal ought to pass identical order

Any transfer of funds from capital account of partner to the firm couldn't be deemed as violation of

IT: Where partners of firm gives money to firm in need of business exigencies and received it back through capital account, both in cash; no penalty could be levied

Order cancelling registration of dealers was invalid as it was not a speaking order

CST & VAT : Where Assessing Officer cancelled registration certificates of assessee giving following reasons : 'August 30, 2013 Jhabua Circle year 1999-2000 to 2006-07 recovery amount Rs. 146.90 lakhs', these reasons were not sufficient enough so as to call order as reasoned order

No sec. 80P relief without inquiring as to whether bank was established as primary agriculture credi

IT : While allowing claim under section 80P, an enquiry has to be conducted whether co-operative bank is conducting business as a primary agriculture credit society or a primary co-operative agricultural and rural development bank; claim cannot be allowed merely on basis of registration or nomenclature

HC allows assessee to make fresh representation as order of joint DGFT denying drawback claim was no

Excise & Customs : Where order of Joint DGFT denying drawback was violative of principles of natural justice and was non-speaking order, High Court permitted assessee to make fresh representations thereagainst before DGFT

Annual payment of royalty on basis of turnover is to be treated as revenue exp.

IT : Annual royalty paid for use of technology on basis of turnover of domestic sale was to be treated as revenue expenditure

CBEC appoints officers of Central Excise to conduct audit and issue show cause notices

EXCISE & CUSTOMS LAWS : Section 2(b) of The Central Excise Act, 1944, read with Rule 3(1) of The Central Excise Rules, 2002 – Central Excise Officer - Appointment of Officers of Central Excise Working in Audit Formations and Investing them with Powers of Central Excise Officers

ITAT set-aside order of DRP as it didn't give reasoned findings on contentions raised by assessee

IT/ILT: In absence of reasoned finding by DRP on contentions/evidence of assessee not raised before Assessing Officer, order of DRP amounted to non-speaking order which could not be upheld

Cenvat credit couldn't be denied merely because original manufacturer of inputs was non-traceable

Cenvat Credit : Where assessee had complied with all procedures of law in availing credit and taken all steps in accordance with law, credit cannot be denied merely because original manufacturer of inputs is not traceable

In cheque bouncing cases, territorial jurisdiction is restricted to that Court where offence is comm

CL : In case of dishonour of cheque, territorial jurisdiction is restricted to Court where cheque is dishonoured by bank on which it is drawn