No deemed dividend if lender-co. had share premium reserve and not accumulated profits to declare di

IT: Where assessee-company created a reserve out of share premium, provisions of section 2(22)(e) would not be applicable as same would be governed by section 78 of Companies Act, 1956

Reimbursement to director for payment made by him via credit card on behalf of co. wasn't deemed div

IT: Where assessee made payments on behalf of company using his credit card which had been reimbursed by company, same could not be treated as deemed dividend under section 2(22)(e)

Levy of services charges on e-tickets doesn’t amount to abuse of dominance position by Railways

Competition Act : E-ticketing facility in Railways is an additional value added service offered by IRCTC and any customer wishing to avoid payment of service charges may not register himself with IRCTC but can book tickets through manual PRS counters without paying any service charge and, therefore, levy of service charges on e-tickets does not amount to an abuse of dominant position by Railways

Duty could be paid using credit in absence of specific restriction in case of withdrawal of fortnigh

Excise & Customs : In case of withdrawal of monthly/fortnightly facility to pay duty, mere provision that 'duty should be paid through account current' does not amount to restriction on use of Cenvat credit; hence, in absence of any specific restriction on use of credit, payment of duty using credit is valid

Failure to quote PAN while filing appeal before CIT(A) due to ignorance doesn't attract penalty

IT: Where assessee failed to quote permanent account number(PAN) while filing appeal before Commissioner (Appeals), since default made on part of assessee was because of her ignorance and not because of any mala fide intention, penalty levied under section 272B was to be deleted

No reassessment to make disallowance for TDS default if impugned exp. wasn’t deducted in original as

IT : Where Assessing Officer initiated reassessment proceedings on ground that assessee had paid labour expenses without deducting tax at source which resulted in under assessment of income, but in fact amount in question had not been claimed as deduction, impugned reassessment proceedings deserved to be quashed

Complaint for cheque bouncing filed by a managing director wasn’t maintainable as it wasn’t filed on

Negotiable Instruments Act: Complaint for cheque bouncing filed by a managing director wasn’t maintainable as it wasn’t filed on behalf of company

No ST on services provided for remittance of foreign currency during 1-7-2012 to 13-10-2014: CBEC

ST : Section 66B of The Finance Act, 1994 - Charge of Service Tax on or After Finance Act, 2012 - Mega Exemption Notifications - Levy of Service Tax on Services Provided by An Indian Bank or Other Entity Acting as an Agent to Money Transfer Service Operators in Relation to Remittance of Foreign Currency From Outside India to India

Sec. 206C doesn’t require seller to obtain declaration from buyer for non-collection of TCS at very

IT : Section 206C does not mandate that declaration from buyers in Form 27C for non-collection of TCS has to be obtained at very same moment when sale is effected

Person filing writ and pressing for adjudication on merits can't challenge jurisdiction of HC after

Excise & Customs : When assessee himself filed writ and pressed for adjudication on merits, then, merely because decision of High Court is unfavourable, assessee himself cannot challenge jurisdiction of High Court on ground that disputed questions of fact cannot be adjudicated in writ

No reassessment just because income remained untaxed due to non-coordination between departmental of

IT/ILT : Where assessee's income had escaped assessment by reason of omission to make disallowance of payment of subscription to non-resident under section 40(a)(ia) for non-deduction of TDS, reopening of assessment was justified

Modus operandi of running CIS through private trust are also within the purview of SEBI, says SAT

SEBI : In view of the close proximity between the appellant and the Trustee as also the AMC (appellant itself) no fault can be found with the decision of SEBI in holding that the appellant had adopted a modus operandi of operating CIS through the medium of a Trust

AO couldn’t reject books of account due to variance in current year's profit as compared to earlier

IT : Where Assessing Officer rejected books of account of assessee as profits declared in current year were not in consistent with other years, since Assessing Officer decision was based on conjectures and surmises, assessee's books could not be rejected

Revenue should give sufficient time to assessee to justify his claim while processing application un

IT : Where Commissioner (Exemptions) rejected application of assessee-society under section 12A without giving sufficient opportunity of being heard to assessee to sustain its claim before him, it was contrary to principles of natural justice; matter was to be readjudicated

Sum paid to contractual doctors to provide services of teleradiology would attract sec. 194J TDS and

IT : Where assessee-company was providing teleradiology services to hospitals and engaged services of doctors for medical consultation, since there was no employers employee relationship between assessee and doctors, assessee was not liable to deduct TDS as salary under section 192

Misdeclaration can't be alleged for period prior to issuance of clarification by Department

Excise & Customs : Where relevant clarification suggesting manner of computation of value was issued only in October 1996, mis-declaration cannot be alleged for period prior to October 1996 and therefore, extended period of limitation cannot be invoked upto September, 1996

No penalty alleging inaccurate particulars if proceedings were initiated for concealment of income p

IT : Where Assessing Officer initiated proceedings under section 271(1)(c) for concealment of particulars of income by assessee but levied penalty for furnishing of inaccurate particulars of income, impugned penalty could not be sustainable

CBDT asks AOs to compare tax returns of mining Cos with annual returns to ascertain suppressed stock

IT : Section 143 of The Income-Tax Act, 1961 – Assessment – General - Framing of Scrutiny Assessments in Cases of Assessees Engaged in Business of Mining

Certificate of installed capacity issued by Commissioner of Industries is not conclusive

Excise & Customs : Where excise exemption was subject to condition that installed capacity should not exceed 1,98,000 tons per annum, certificate of installed capacity by Commissioner of Industries cannot be regarded as conclusive especially when Director of Industries had conceded that they had no means to determine installed capacity

ITAT direct AO to consider additional evidence filed by assessee for claiming sec. 10B relief

IT: Where Assessing Officer disallowed assessee's claim for deduction under section 10B and Commissioner (Appeals) declined to consider documents filed before him and dismissed appeal of assessee, entire issue required to be remitted back to Assessing Officer for fresh consideration

LOB clause of Indo-Singapore DTAA won't apply if income of Singaporean Shipping Co. is remitted in U

IT/ILT : Where appellant Indian company filed return in respect of a ship which was owned by a Singapore company, and Inland Revenue Authority of Singapore confirmed that in case of Singapore company, freight income has been regarded as Singapore sourced income and brought to tax on an accrual basis (and not remittance basis), entire freight income which was only from operation of ships in international traffic, was taxable only in Singapore; same could not be brought to tax in India

Non-withdrawal of allegations against counsel after agreeing to withdraw such charges is contempt of

IT : Engaging in e-mail communications with Standing Counsel levelling allegations against them and, not withdrawing such allegation despite stating so in High Court prima facie amounted to criminal contempt punishable in accordance with law

E-biz launches composite application form for PAN, TAN, DIN and incorporation of company

CORPORATE LAWS : Joined up Service NA-DIN-COI-PAN-TAN-ESIC-EPFO

Time limit to file refund claim doesn’t apply to rebate claim arising out of export

Excise & Customs : Since notification issued under rule 18 of the Central Excise Rules, 2002 does not provide any period of limitation for a claim for rebate, rebate claim cannot be dismissed as time-barred applying provisions of section 11B of Central Excise Act, 1944

TP: Assessment order set aside as AO made final assessment without forwarding copy of draft assessme

IT/ILT : Where assessment was restored back by Tribunal to stage of passing of draft assessment order and fresh assessment order was passed without forwarding draft order to assessee within time-limit prescribed under section 153(2A), mandate of section 144C was not fulfilled and, accordingly, assessment order was unenforceable

No service-tax on entrance fee collected by club which doesn't confer any access to services

Service Tax : Where collection of entrance fee by club from its members : (a) did not confer members any access to services, facilities or advantages; and (b) was to meet expenses necessary for sustenance and survival of club and maintenance of its assets, then, entrance fee, not being a consideration, was not chargeable to service tax

ITAT direct to examine whether AO was in possession of original return when reassessment notice was

IT : Where assessee raised plea that date on which notice for reassessment was issued to assessee under section 148, Assessing Officer was not in possession of original return since said issue went to root of matter, issue was to be remanded back for re-adjudication

Final duty can't be extended to a period when provisional anti-dumping duty isn't in force

Customs : Where: (a) provisional anti-dumping was levied on 2-5-2002 and same became ineffective on completion of 6 months on 1-11-2002, and (b) final anti-dumping was levied only on 1-5-2003, then, no anti-dumping duty could be levied during gap period, viz., 2-11-2002 to 30-4-2003

Block assessment can't be framed on basis of material collected during survey

IT: Where material was collected by Assessing Officer during course of survey, and not during search proceedings, Tribunal was justified in setting aside assessment made under section 158BC

For sec. 54 relief, actual sales consideration shall be considered and not stamp duty value under se

IT: Where sale consideration of a house was utilised by assessee for purchase of a new residential house before due date of filing of return under section 139(4), same would be eligible for exemption under section 54

Sale of barren land within short duration couldn't deemed as sale of agricultural land; held as busi

IT : Where assessee having purchased agricultural land, converted same into barren land and thereupon sold it within short period of purchase, said activity was to be regarded as adventure in nature of trade and, consequently, profit earned on sale of land was to be taxed as business income

Time period to file revised declaration of property by public servants extended by 6 months

CL/INDIAN ACTS & RULES : Public Servants (Furnishing Of Information And Annual Return Of Assets And Liabilities And The Limits For Exemption Of Assets In Filing Returns) Third Amendment Rules, 2015 – Amendment In Rule 3

Rent not to be held as benefit/perquisite just because spouse had substantial interest in lessee-Co.

IT : When assessee had let out property to the company (JISL) in which her husband and their relatives were holding substantial interest, it means that rent has been derived as a quid-proquofor letting out the property, thus, such receipt of rent could not be characterized as benefit or perquisite under Section 2(24)(iv)

AO couldn't doubt genuineness of share transaction merely on basis of statement of third party

IT: Where no incriminating material was found during search which could indicate that long-term capital gains arising out of sale of shares was bogus and assessment was completed without considerating details of purchase of shares produced by assessee, assessment was void

Due date for e-filing of returns for e-commerce dealers of Delhi further extended by one month

VAT : Section 27 of the Delhi Value Added Tax Act, 2004 - Power to Require Other Returns – Extension of Last Date for Filing of Online Returns for First and Second Quarters of Year 2015-16, in Forms EC-II and EC-III

Act of removal of a shareholder without consideration to take over control of co. is oppressive

CL: Act of respondent shareholder and director of R1 company, putting petitioner i.e shareholder having 50 per cent interest in R1 company, to believe that he could get consideration to exit from company by entering into business separation agreement and conciously keeping him away from business of company and taking control of entire company, amounted to oppressive acts against petitioner

Supreme Court has power to reduce interest on delayed payment even below rate fixed under bond

Excise & Customs : Mere because, as per bond, assessee had agreed to pay interest at 24 per cent per annum, that would not take away right of Supreme Court to reduce rate of interest if ends of justice so warrant; hence, on facts, rate was reduced to 9 per cent

Dealers of SIM cards can't take credit of service tax paid by telecom companies

Cenvat Credit : Dealers of SIM Cards/Recharge vouchers cannot be regarded as 'recipients of telecom services' provided by telecom companies; hence, said dealers cannot take input service credit of service tax paid by telecom companies

Fee paid for global market survey to determine business prospects in India isn't 'FTS' under India-U

IT/ILT: Where assessee, an Indian company, had merely availed services of U.K. Company for global market survey to determine business prospects to carry out project in India, since these services were neither geared to nor did they 'make available' any technical knowledge, skill or experience to assessee or consisted of development and transfer of a technical man or technical design to assessee, article 13 of DTAA between India and U.K. could not apply

In an appeal filed by assessee Tribunal can't enhance rate of duty determined by Commissioner(A)

Service Tax/Excise/Customs : In absence of revenue's appeal, Tribunal cannot enhance duty/rate thereof in assessee's own appeal; assessee cannot be worse off by reason of filing an appeal

Cars donated by 'Hyundai' to Police Dept. is CSR exp; disallowable under sec. 37(1)

IT : Expenditure incurred by car-manufacturer on gifts of cars to State police department was held not an eligible expenditure under section 37(1) as it was found not incidental to carrying on business and there was no commercial expediency in incurring this expenditure

Chief CIT rightly ordered forfeiture of bidding amount on failure of petitioner to pay entire amount

IT: Where petitioner did not pay entire bid amount within stipulated time as per terms and conditions on which bids were invited by income-tax department for subject property, decision of Chief Commissioner for forfeiting amount already paid by petitioner was justified

Deemed credit is allowed even if assessee doesn't pay duty at time of purchase

Central Excise : In case of deemed credit, there is no obligation on part of assessee to pay duty at time of purchase; hence, deemed credit at deemed rates is allowed even if no duty was actually paid by assessee at time of purchase

SEBI issues simplified listing agreement uniform across all types of securities/listed entities

SEBI : Format of Uniform Listing Agreement

Petition for transfer of shares filed under oppression plea couldn't be rejected on mere non-complia

CL: Mere non-compliance with section 108 could not be a ground to set aside transfer of shares in petition under sections 397 and 398

'Nizral shampoo' meant to cure dandruff is a medicament and not cosmetic

Excise & Customs : 'Nizral Shampoo' meant to 'cure' disease of 'dandruff' is a 'medicament' classifiable under Heading 3003.10 (duty 16 per cent) and not a 'cosmetic preparation for use on hair' classifiable under Heading 3305.99 (duty 24 per cent)

No ad-hoc addition by AO on rice-dealer if his yield was incommensurate with industrial rate of gros

IT : Where assessee's yield from trading of rice was commensurate to industrial gross profit, ad hoc addition made was unjustified

Sum paid on purchase of internet connection isn't 'FTS'; not liable to TDS under sec. 194J

: Internet charges could not be regarded as fees for technical services and, hence, assessee was not bound to deduct tax at source under section 194J in respect of leased line expenses

AO couldn't prove suppressed production on basis of sample of electricity consumed in one hour

IT: AO couldn't prove suppressed production on basis of sample of electricity consumed in one hour

Parties can't file additional evidence on their own except on demand of ITAT

IT: Parties to appeal cannot produce additional evidence of their own but if Tribunal so requires, same can be produced on recording of reasons by Tribunal

No credit can be taken on basis of invoices neither addressed to assessee nor endorsed in his favour

Cenvat Credit : Credit of duty-paid returned goods can be allowed only if invoice is in name of person availing credit or invoice is endorsed in favour of assessee; credit cannot be taken on invoice in name of a third party

HC allowed sec. 80-IB relief for entire housing project though completion certificate wasn't granted

IT: Where assessee had completed construction of its entire housing project and applied for Building use permission/completion certificate within prescribed time-limit, it would be entitled to deduction under section 80-IB(10) notwithstanding fact that it could not receive permission for its entire project

Tribunal didn't examine facts to determine place of removal; matter remanded

Excise & Customs : Transit freight/insurance is includible in value only upto 'place of removal' and 'Place of removal' is dependent upon facts and where said place of removal was not examined by Tribunal on facts, matter was remanded back

Commission paid to NR for advising on product trend in USA isn't taxable as services were rendered o

IT/ILT: Remuneration paid in foreign currency by assessee-company, for services rendered outside India to a US-resident for product designing services, was not liable to be taxed in India

Interest-free sum given to affiliate to purchase land due to restrictions imposed by Land Act held a

IT: Where due to restrictions imposed by Land Acquisition Act, assessee had given interest-free advances to group companies for development of land, in absence of any finding recorded by Assessing Officer that said advances were not for business purposes, matter was to be readjudicated

Govt. allows deduction for treatment of disease on basis of certificate of private hospitals

IT/ILT/INDIAN ACTS & RULES : Income-Tax (Fifteenth Amendment) Rules, 2015 – Amendment In Rule 11DD And Omission Of Form 10-I

Sale of property of liquidating co. without proper publicity or fixing of reserve price of assets is

CL : Sale of property of company-in-liquidation in auction without proper publicity through advertisement or fixing any reserve price for assets could not be sustained particularly when property put in auction was of much higher valuation than price at which it was sold

ITAT rejects sec. 50C value on basis of sub-registrar's records; directs AO to re-fix value after he

IT : Where assessee sold a plot and Assessing Officer for purpose of computing capital gains under section 50C adopted valuation of plot as per SRO records and Commissioner (Appeals) after considering objections of assessee concluded that there was no need for adopting valuation as per SRO, matter required to be sent back to Assessing Officer for de novo assessment

Civil court has no jurisdiction to entertain suit against I-T department without any allegation of f

IT: Where Income-tax department appropriated amount deposited by assessee with a firm towards income-tax dues of firm, in absence of any allegation of fraud against Income-tax department, civil court had no jurisdictions to entertain recovery suit filed by assessee against Income-tax department

Sale to related party can't be valued at cost plus method when entire sales is at below cost

Excise & Customs : Where assessee's entire sales are below cost owing to international market prices being very low, sales to related parties cannot be value on basis of 'cost plus method' and are to be valued as per best judgment principle at 'price charged from unrelated parties'

Sec. 41(1) additions made as assessee failed to explain reasons for non-payment of liabilities in no

IT : Where interest or borrowed capital to invest in shares, for period prior to financial year 1997-98, was claimed and allowed as revenue expenditure, it could not transform its character from financial year 1997-98 onwards to become a capital cost without any change in underlying facts, and hence, same could not be treated as cost of acquisition and/or improvement in computation of capital gains

HC directed advertisement of winding up plea against co. on its failure to pay agreed overdue sum

CL : Where company had admitted its indebtedness to petitioner to extent of Rs. 119 lakh, company was to be directed to pay that amount with interest and on its failure to do so winding up petition would be advertised

80% of staff member of COMPAT have working knowledge of Hindi, says MCA

COMPETION ACT : Rule 10 Of The Official Language (Use For Official Purposes Of The Union) Rules, 1976 – Working Knowledge Of Hindi - More Than Eighty Per Cent Staff Members Of Competition Appellate Tribunal Under Ministry Of Corporate Affairs Acquired Working Knowledge Of Hindi

S.K. Mohanty appointed as Executive Director in SEBI

SEBI : Appointment of New Executive Director of Sebi

Service tax on railway tickets for AC coaches increased to 4.2% from 3.708% w.e.f. June 1, 2015

ST : Levy of Service Tax on Transportation of Passengers by Rail

Now, coconut oil packed in small bottles isn’t classifiable as hair oil: CBEC

EXCISE : Withdrawal of Order Under Section 37B of Central Excise Act, 1944 on Classification of Coconut Oil Packed in Small Containers

Service Tax Commissioner of Chennai laid down procedure for electronic transfer of refund claims

ST : Introduction of Facility of Payment of Rebate/Refund Claims Amount Directly to Assessee/Exporters' Bank Account

No reassessment to deny benefit of MAP to US based Co. if earlier it was given by AO after detailed

IT/ILT : Where Assessing Officer formed opinion that taxation of advertisement and distribution revenue of US company was to be governed by MAP resolution and 10 per cent of total revenue generated would be treated or business income and he completed assessment after verifying detailed reply to huge questionnaire and all supporting documents, reopening of assessment on basis of same material, taking plea of taxing total revenue at 10 per cent as per section 115A, would not be permissible

Reassessment notice, being issued after obtaining sanction of Commissioner instead of Joint Commissi

IT: Where notice under section 148 was issued after obtaining sanction from Commissioner instead of Joint Commissioner who is competent authority to approve issuance of notice, assessment framed consequent thereto was not valid and same was void ab initio

No TP adjustment of depreciation on account of assets which are held by AE but not assessee

IT/ILT : While computing margins of comparable companies, no adjustment for differential rate of depreciation is to be made on account of uncommon assets between assessee and comparables

Default period of assessee-in-default shall be counted as per British Calendar month

IT: Levy of interest under section 201(1A) is compensatory in nature and thus gap of time between point of time when tax ought to have been deducted at source vis-à-vis point of time when tax was actually deducted are to be seen and it is in this context that connotation of expression 'month' is to be examined

Capital gains on gifted asset shall be computed by taking CII of year in which asset held by previou

IT : In case of gains arising on transfer of a capital asset acquired under a gift or will, capital gains liability has to be computed by considering that assessee held said asset from date it was held by previous owner and on same analogy, indexed cost of acquisition has to be computed with reference to year in which previous owner first held asset

No denial of sec. 80G relief requiring amendment in trust-deed through Civil Court as trustees were

Where trust deed of assessee-trust provided that trustees were empowered to make amendment to trust deed, there was no need for assessee to approach civil court for amending trust deed

No deduction of brokerage paid for procuring tenant as standard deduction under sec. 24 covers all e

While computing taxable income under 'income from house property', no expenditure in respect of brokerage paid by assessee on account of arrangement of lease, could be allowed as a deduction for determination of actual rent

No sec. 14A disallowance in respect of interest when entire borrowings were used for business purpos

IT : Where assessee deducted TDS on commission expenses and deposited same before due date of filing return, deduction under section 40(a)(ia) was to be allowed

Sec. 68 additions for undisclosed business receipts shall be restricted to gross profit on such rece

IT: Where Assessing Officer made addition of Rs. 16 lakhs in income of assessee in respect of deposit in his savings bank account, since deposit in bank account was business receipts, in respect of such deposit addition should be made to extent of gross profit on such undisclosed business turnover

Benefit of composition scheme is also available for post-sale construction under Andhra Pradesh VAT

CST & VAT: AP VAT:A dealer engaged in construction and sale of residential apartments executes conveyance deed of semi-finished apartments and completes remaining construction afterwards. Assessee wants to avail benefit of composition scheme on post sale construction but the department denied such benefit. It was held that benefit of composition scheme was available since (a) assessee was engaged in both construction and sale; (b) composition scheme is not dependent upon the stage of constructio

Consideration received on relinquishment of right in firm by a trust would be taxable as capital gai

IT : Issue as to whether consideration received by assessee medical relief society on account of relinquishment of its right in a firm would be leviable for capital gain tax or not, is to be decided in view of CIT v. Manipal Academy of Higher Education (MAHE) [2013] 357 ITR 114/218 Taxman 1/36 taxmann.com 81 (Kar.)

No fresh demand notice issued to 'Nokia'; earlier demand are being considering under MAP - CBDT

IT/ILT : Section 156 of the Income-Tax Act, 1961 – Notice of Demand – Clarification Regarding Issue of Fresh Demand Notice to Nokia India

Matter referred to third member on issue of restoration of appeal where pre-deposit made after due d

Service Tax/Excise/Customs : Issue 'whether Tribunal can restore appeals even when assessee made pre-deposit only after due date specified by High Court' was referred to Third Member owing to difference of opinion

Re-deposit of excess withdrawals made out of explained bank deposits can't be held as unexplained mo

IT: Re-deposit of excess withdrawals made out of explained bank deposits can't be held as unexplained money

Process of making pizza and pasta is manufacturing; assessee entitled to additional depreciation

IT: Where assessee-company was carrying on a food and beverage business and articles produced by assessee were different from its raw material, assessee was eligible for additional depreciation

CLB directed co. to register shares of petitioner as there was no violation of any norms on acquisit

CL: Where petitioner acquired shares of respondent company and such acquisition did not violate any provisions such as RBI, SEBI and SICA, acquisition being valid, respondent company was to be directed to register shares in name of petitioner

Obligation to sell under an agreement couldn't take precedence over pre-existing mortgage and charge

Where there was pre-existing charge on properties prior to agreement for sale, obligation to sell as created by agreement between parties could not take precedence over pre-existing mortgage and charge

Commissioner can now delegate his power of revision under Tripura VAT Act

VAT/INDIAN ACTS & RULES : Tripura Value Added Tax (Fifth Amendment) Rules, 2015 – Amendment in Rules 8 And 11

High Court unhappy with ITAT for deleting sec. 68 additions without examining correctness of views o

Where assessee received unsecured loans and Assessing Officer made addition on ground that creditworthiness of alleged creditors was not proved, Tribunal was not justified in deleting said addition without examining correctness of views expressed by Assessing Officer and Commissioner (Appeals)

Rate of tax on transfer of right to use goods has been increased by 1% under Uttarakhand VAT

VAT/INDIAN ACTS & RULES : Uttarakhand Value Added Tax (Amendment) Act, 2015 – Amendment in Sections 4, 6, 35, 50, 53 and 58

Due date to file Reconciliation Return of interstate sale under Delhi VAT is extended to Oct 30, 201

VAT/DELHI : Filing of Reconciliation Return for Year 2014-15

Set Com can’t settle cases of gold smuggling: CBEC clarifies

EXCISE : Clarification on Jurisdiction of Settlement Commission (Customs, Central Excise & Service Tax) in Respect of Cases of Gold Smuggling

Machinery which was kept ready for use but couldn't be used actually would be eligible for depreciat

Where assessee-company, exporter of software purchased machinery after approval of Software Technology Parks of India and return of income was filed duly accompanied by audit report and report in Form 56F, exemption under section 10A was to be allowed

Trust earning sizeable income from incidental activities will get registration if its main object is

Where assessee besides functioning as a training institute for purpose of training of Government officials and farmers in field of water and land management was also rendering consultancy services to various organisations and earning substantial income from said activity, it was rightfully entitled to registration under section 12A

Interest on refund of excess self-assessment tax has to be computed from date of payment of tax, say

Where assessee paid self-assessment tax, it was entitled to interest under section 244A from date of payment of tax on self-assessment to date of refund of amount

Gift treated as undisclosed income as donee failed to prove creditworthiness of donor

Where assessment was not pending at time of search and no incriminating material was found during course of search, no addition could be made in assessment framed under section 153A

Rectification application is maintainable if matter referred to third member doesn’t accompany judic

Service Tax/Excise/Customs : Where a matter is referred to Third Member for resolution of difference of opinion, both Judicial Member and Technical Member must have given their findings on said issues; if Member (Judicial) has not given his findings thereon, same results into rectifiable mistake

Rebate on exported goods under Excise Rule 18 is available for inputs as well as finished goods: SC

Central Excise : Word "or" in Rule 18 of the Central Excise Rules, 2002, to be interpreted as "and" and therefore, the exporters are entitled to both the rebates under Rule 18 (viz. input‐stage rebate as well as output‐stage rebate on finished goods) and not one kind of rebate

Exemption available to Concrete Mix can't be extended to Ready Mix Concrete

Central Excise : Ready Mix Concrete (RMC) is not same as Concrete Mix (CM); hence, exemption under Notification No. 4/CE dated 1-3-1997 available on on-site manufacture of CM for use in construction, cannot be extended to RMC

Delhi Govt. to pay 5 times of amount to public for their VAT purchases under new award scheme

EXCISE : Launch of an Award Scheme Under the Title 'Bill Banvao, Inaam Pao'

Provision for ‘loss on transit-breakage’ being contingent in nature isn't allowable: HC

IT : In case of assessee, engaged in business of manufacture and sale of India Made Foreign Liquor (IMFL), provision made for transit breakage was to be regarded as liability of contingent nature and as such was not an allowable deduction under section 37(1)

Credit on Banking Service and Technical Inspection Service is admissible to exporter of diamonds

Service Tax : Bank Charges in relation to business of manufacture and export of goods, whether pertaining prior to manufacture or after manufacture, are eligible for credit under rule 2(l) or refund under Notification No. 17/2009-ST

Liquidating-co. should be dissolved which doesn't have any funds or assets after settling claims

Where after settling claims of creditors and Employee Provident Fund, company-in-liquidation had neither any funds nor any assets for realisation, it would be appropriate to dissolve said company-in-liquidation