ITAT gets flak from HC for examining applicability of TDS provision though TDS was paid belatedly to

IT: In view of decision of Smt. J. Rama v. CIT [2012] 344 ITR 608/[2010] 194 Taxman 37 (Kar.), assessee was liable to deduct tax at source from payments made to taxi owner; matter was to be remitted back to find out whether TDS payments were made within time

Cenvat refund claim must be filed within 1 year from date of export and not from end of relevant qua

Excise & Customs : As per relevant notifications, read with section 11B, Cenvat refund claim must be filed 'quarterly' but within 1 year from 'date of export'

CBDT raises monetary limit for filing of appeal by revenue

IT/ILT : Section 268A of the Income-Tax Act, 1961 - Filing of Appeal or Application for Reference by Income-Tax Authority - Revision of Monetary Limits for Filing of Appeals by the Department Before Income Tax Appellate Tribunal, High Courts and Supreme Court

Money couldn't be said to have been diverted in interest of trustee when he had refunded advance alo

IT: Where assessee-trust was eligible for exemption under section 11, it was not entitled for depreciation under section 32

HC founds share exchange in Amalgamation Scheme as unfair; directs ROC to determine such ratio

Companies Act: Where Court in principle agreed to sanction scheme of amalgamation whereby entire undertaking of transferor company was proposed to be transferred to transferee company but found exchange ratio to be unfair and unjust and not based on market realities, Registrar of Companies was to be directed to examine matter through experts and determine a fair and just exchange ratio

Co. which earned profit in one of the last 3 years couldn't be considered as persistent loss making

IT/ILT: Persistent loss making means continuous loss making for more than 3 years; company which earned profit in one of last three years could not be considered as loss making entity so as to exclude same from comparability analysis

Refund can't be denied for late filing if refund was filed before wrong authority within time allowe

Excise & Customs : Even date of filing of refund claim before wrong authority could be taken as date of filing for purpose of determining limitation

Provisions of sec. 40(a)(ia) aren't attracted on deduction of depreciation

IT/ILT : Where assessee company reimbursed its foreign associate licence fees and charges for software used for report generation as said expenditure was incurred by foreign associate, there could be no TDS liability on assessee

Money couldn't be said to have been diverted in the interest of trustee when he had refunded advance

IT: Where assessee-trust was eligible for exemption under section 11, it was not entitled for depreciation under section 32

CIT can reject sec. 80G approval application if registration application under sec. 12A is pending f

IT : Filing of copy of registration under section 12AA along with application for grant of approval under section 80G is a condition precedent for consideration of request for grant of such approval

Design charges paid by buyer to affiliate to be included in excisable value if goods were produced u

Central Excise : Where assessee manufactured goods using design prepared by its sister concern and client paid separately to assessee and sister concern, charges for design prepared by sister concern were includible in value of goods manufactured

Co. formed under compulsion of law to takeover broker-Co. is entitled to fee continuity benefit

SEBI : Where in order to comply with direction of SEBI that a company getting trading membership of NSE could not carry on any other activity apart from broking, appellant - PGSL was incorporated for taking over membership card of PCMIL, transfer of membership from PCMIL to PGSL was due to compulsion of law and appellant would be entitled to benefit of fee continuity and, thus, would not be required to pay fresh registration fees

Sum paid by advisor for preparation of technical research report for its clients would be revenue ex

IT : Where assessee incurred expenditure for obtaining technical feasibility research reports, for further selling to its customers, said expenditure was allowable as revenue expenditure as it was for expansion of business

All person-in-charge of co. are vicariously liable under NI Act on dishonour of cheque issued by co.

Negotiable Instruments Act: Section 141 creates a legal fiction against defaulting company, so as to cover within its ambit all persons who have consented, connived or anyway attributed to commission of offence

No penalty on assessee who was collecting full CST but paying less amount to Govt. due to partial ex

CST & VAT : Central Sales Tax - Where assessee in terms of notification dated 6-5-1986 was allowed partial exemption from tax payable in respect of inter-State sales for assessment years 1999-2000 to 2001-02, reopening of impugned assessments subsequently on plea that partial exemption was wrongly retained by assessee, as full central sales tax was collected from consumers, was illegal

No sec. 14A disallowance if tax free investments were made out of own funds instead of interest bear

IT: Where assessee claimed that interest bearing borrowed funds were utilized entirely for purpose of business and investment in tax free bonds had been made out of its own funds and Assessing Officer having noticed that assessee had kept all funds in one common pool partly disallowed interest paid on borrowed funds applying section 14A, disallowance of interest paid not justified

HC quashed penalty notice under DVAT as it was issued after 6 years from end of assessment year

CST & VAT: Delhi VAT - Where Assessing Authority issued on assessee notices of default assessment and penalty dated 1-4-2015 for assessment year 2008-09, impugned notices had been issued after expiry of period of six years as stipulated in section 34 from relevant year 2008-09 and were liable to be quashed

RBI relaxes norms on mode of payment in forex in respect of imports to India

FEMA/ILT/INDIAN ACTS & RULES : FEM (Manner of Receipt and Payment) (Amendment) Regulations, 2015 – Amendment in Regulation 5

FII/FPIs gets relief from defective return notices; CBDT releases clarification for the purpose

IT/ILT : Clarification Regarding Defective Notices Issued to FII/FPIs

CBDT provides new facility of pre-filling TDS data for online rectifications

IT/ILT : New Facility of Pre-Filing TDS Data While Submitting Online Rectification

SEBI requires Commodity Derivative Exchanges to submit monthly development report; issues format for

SEBI : Monthly Development Report for Commodity Derivative Exchanges

Appellants not entitled to claim relief against abuse of dominance as they had already availed of re

Competition Act: Where appellants invoked jurisdiction of Commission by asserting that R-2 insurance company was in a dominant position and it had abused its position by not removing their names as defaulter from Specific Approval List, but suppressed a crucial fact that they had already availed similar remedy by filing writ petition before High Court, they would not be entitled to claim any relief

ITAT treats transaction between two domestic cos as international transaction due to involvement of

IT/ILT: Where foreign AE gave Indian assessee licence to manufacture and market insulin and transactions arranged between assessee with Indian third party to get insulin manufactured also involved AEs, provisions of section 92B would be attracted and said transaction would be an international transaction between assessee and AE requiring determination of ALP under section 92(1)

Commissioner gets flak from CESTAT for assuming that service of refund order would take place in 2 d

Excise & Customs : Where Adjudicating Authority passed refund order on 3-4-2009 and dispatched same to assessee by speed post on 16-4-2009 and Commissioner (Appeals) in view of dispatch of order on 16-4-2009 assumed date of receipt by assessee on 18-4-2009, Commissioner (Appeals) was in error in holding that date of service on assessee was 18-4-2009 without proof of same available on record

No addition of undisclosed income just because dealer was prosecuted for keeping sugar beyond permis

IT: Where nothing was there on record to show that purchases and sale was made outside regular books of account by assessee, merely because assessee was prosecuted for keeping sugar beyond permissible limits, addition of value of excess sugar as undisclosed income was not justified

AO to consider revised computation of income if time-limit for filing revised return has expired: Mu

IT : Where assessee had deducted tax in last month of previous year and deposited same before due date of filing of return under section 139(1), Assessing Officer could not disallow said payment under section 40(a)(ia)

SEBI hikes annual custodial fee payable by issuer to depositories

SEBI : Review Of Annual Custody/Issuer Charges

SEBI requires depositories to implement outsourcing policy within 3 months

SEBI : Outsourcing by Depositories

Profit Split Method is most appropriate to determine ALP of interrelated and integrated transactions

IT : When transactions involved contributions of multiple entities and are integrated and interrelated and they cannot be separately evaluated for purpose of determining ALP of any one transaction, 'PSM' is 'MAM'

Workmen's claim for PF dues can only be filed before PF, Commissioner and not liquidator of Co.

Companies Act : Any claim with regard to Provident Fund dues can only lie before Commissioner, Provident Fund, under relevant statute, consequently, whilst other claims for any unpaid wages etc. may well be admitted by Official Liquidator, however, any claims raised directly to Official Liquiation for payment of Provident Fund dues would be an exercise in futility since it is bound to be rejected on ground that company was never obliged to pay workmen any such amounts in first place

HC didn't interfere with ITAT's order allowing 'Indusind Bank' to tax interest on receipt basis

IT : Where interest income from security accrued in terms of books of account maintained by assessee, but same was offered to tax on actual receipt, and Tribunal passed detailed order in favour of assessee in earlier year, which it followed in current assessment year also, exercise undertaken by tribunal could not be termed as perverse

Trade discount is deductible to calculate VAT even if it is given via credit note subsequent to issu

CST & VAT: Karnataka VAT - Where assessee claimed deduction in respect of discount given to purchasing dealer in form of credit note subsequent to issuance of tax invoice and Assessing Authority disallowed claim of deduction, assessee was entitled to give further discount even after sale had been completed, provided it was trade discount or pursuant to any contract

Disputed enhanced compensation isn't taxable in year of receipt if dispute is pending in Court

IT : The question of bringing to tax under Section 45 (5) (b) of the Act the enhanced compensation received by the Assessee during the relevant previous year by furnishing bank guarantee will have to await the final decision in the appellate proceedings emanating from the order of the ADJ in the proceedings under Section 31 (2) LA Act. Question of assessing to tax the interest received by the assessee on enhanced compensation in the same year in which the enhanced compensation is received will a

Exp. incurred on cancellation of forward contract couldn't be capitalized in cost of assets under se

IT: Expenditure incurred to get rid of forward contracts which assessee had entered into for purpose of protecting itself from fluctuations of foreign exchange, could not come within four corners of section 43A

CBEC releases minutes of Central Excise Tariff Conference held in Chandigarh

EXCISE : Minutes Of Tariff Conference Held In Chandigarh On 28-10-2015 And 29-10-2015

Inputs and capital goods used in R&D of testing samples of final products are eligible for credit

Cenvat Credit : Inputs and capital goods used in Research and Development (R&D) and Quality Control Laboratory for purpose of testing of inputs and testing of samples of final products, etc., are eligible for cenvat credit

CA entitled to Sec. 80QQB deduction for writing book on tax problems

IT : Where assessee had authored a book on income tax problems in question answer form which was titled "How to Handle Income-tax problems", since his book was on a complex issue which really needed intellect and knowledge, said book was a literary work in terms of section 80QQB; and, hence, royalty received on same would be entitled to deduction

Penalty rightly imposed on firm as it accepted cash loans from partners without reasonable cause

IT: Penalty proceedings under provisions of sections 271D and 271E are initiated not by Assessing Officer but only with issuance of notice by Joint Commissioner

Antenna and installation cable are parts of Base Transreceiver Station; to classified as such

Excise & Customs: 'Antenna and installation cable/mini-link' are inseparable parts of Base Transreceiver Station (BTS); hence, antenna etc. imported along with BTS would be classified as BTS and would be eligible for concessional rate of duty applicable to BTS

Selling exp. are distinct from AMP exp.; ITAT directs to follow Sony Ericson's case to compute ALP

IT/ILT : Selling expenses incurred for making sales are distinct from AMP expenses and, hence, should not be included in base amount for computing ALP of AMP expenses

Assessment order rightly set-aside as penalty was imposed by authorities without recording any satis

IT: Where pursuant to directions issued by Commissioner (Appeals), Assessing Officer passed a fresh assessment order wherein no satisfaction was recorded for initiating penalty proceedings under section 271E, impugned penalty order passed under said section deserved to be set aside

New norms for granting of mining leases to Govt. Companies notified

CORPORATE LAWS/INDIAN ACTS & RULES : Mineral (Mining by Government Company) Rules, 2015

Bidder couldn't cry foul on terms of spot e-auction of Coal India as it didn't satisfy itself about

Competition Act: Where before participating in e-auctions, it is was duty of potential bidders to satisfy themselves about quality of coal being offered from a source; bidders not having done that could not now complain that conditions of spot e-auction scheme framed by Coal India Limited were arbitrary and unfair, no contravention of section 4 was made out

Investment in 'HDFC Retirement Saving Fund' eligible for Sec. 80C deduction from AY 2016-17

IT : Section 80C of The Income-Tax Act, 1961 – Deduction – in Respect of Insurance Premium, etc. - Notified Scheme Under Section 80C(2)(xiv)

Larger Bench to be constituted to decide levy of interest on differential excise duty: Apex Court

Central Excise: Assessee was public sector undertaking, manufacturing iron and steel products. It paid excise duty on clearance of goods and differential duty due to price escalation. Department demanded interest on late payment of differential duty. Apex Court observed that when goods were cleared, there was no certainty of price escalation. It was difficult to accept that price was understated on date of removal of goods. Hence, the larger bench should be constituted to decide the impugned iss

Question as to whether exp. on renovation of temple could be considered as CSR exp. referred to Spec

IT : Where assessee invested its own funds in shares resulting in earning of dividend income exempt from tax, impugned disallowance made by Assessing Officer by invoking provisions of section 14A, read with Rule 8D was not sustainable

Sec. 44BBA can't be applied to tax presumptive income of foreign Airlines if it has produced books r

IT : When there is no taxable income, section 44BBA cannot be applied to bring to tax presumptive income constituting 5 per cent of gross receipts

Commission paid to agent for services rendered outside India wasn't taxable if he didn't have any PE

IT/ILT: Assessee was not liable to deduct tax at source when non-resident selling agents provided services outside India on payment of commission

National Herald's case: 5 top office bearers of congress to face criminal proceedings

CL : Delhi HC orders 5 Top Office-bearers of Congress Party to face criminal proceedings for forming and misusing a section 25 company as SPV for clandestine acquisition of 99% stake in Old defunct real-estate rich newspaper publication company (AJL) and for misappropriating funds of Congress Party for the purpose

Attachment of property isn't restricted only in hands of accused involved in money laundering

Fema : There is no restriction in respect of person in possession of proceeds of crime. Section 5 of Money Laundering Act does not restrict that property in hands of persons involved in Money Laundering alone can be attached pending confiscation. Thus, provisional attachment of property is not restricted in hands of accused persons alone

Pre-deposit is to be made in cash if issue of utilization of Cenvat credit is challenged by dept.

Excise & Customs : Where department has challenged validity of utilization of credit balance for payment of duty, 7.5 per cent pre-deposit as a condition for filing appeal has to be made separately and 'disputed utilization' of credit cannot be regarded as sufficient pre-deposit for purpose of section 35F

Tribunal rightly ordered to check whether import duty was calculated on basis of identical goods: SC

Excise & Customs : Where revenue had submitted that goods in Chart D were identical to goods in Charts A and B and taken value of goods in Charts A and B as basis for valuation, Tribunal was right in remanding matter back for verification whether goods in Chart D were identical to goods in Charts A and B

No transfer on handing over possession of land on directions of Govt. if sales consideration wasn't

IT : Where assessee was directed to handover possession of its property to revenue, in absence of written contract between assessee and State regarding quantification of consideration to be paid by assessee it could not be held that there was a transfer in terms of section 2(47)(v)

ITAT doesn’t have powers to accept appeal against orders of DRP if it isn’t accompanied by a fee

IT : The Tribunal can exercise its discretion to accept the memorandum of appeal even if same is deficient in enclosures but not when appeal is not accompanied by fee

Leasing of factory along with employees under compromise scheme doesn't amount to man power services

Service Tax : Where assessee had leased its factory under compromise scheme, then, sums received from lessee towards reimbursement of salary payable to employees working in factory, could not be regarded as 'manpower supply services' to lessee and was, therefore, not liable to service tax

CBEC extends due date for payment of excise duty/ST and filing of excise returns in Tamil Nadu

EXCISE : Extension Of Date For Filing Of Central Excise Return And Payment Of Central Excise Duty And Service Tax

CBEC revises jurisdiction of Commissioners

EXCISE : Jurisdictions Of Principal Chief Commissioner, Chief Commissioner, Principal Commissioner And Commissioner – Amendment In Notification No.27/2014-C.E. (N.T.), Dated 16-9-2014

Tribunal allows credit of inputs which was used to manufacture capital goods aiding in manufacturing

Cenvat Credit: Since CENVAT Scheme is a beneficial legislation, 'input' should be given widest meaning to cover 'anything put into stream of manufacture'; therefore, inputs used for manufacture of capital goods viz. 'moulds' are eligible for credit

No disallowance of late payment interest just because assessee kept cash balance in hand

IT: Merely because there was some cash balance in hands of assessee, Assessing Officer could not disallow interest on belated payment of purchases made by assessee

IRDA asks insurers to take immediate steps to expedite settlement of claims in flood affected States

INSURANCE : Guidelines on Insurance Claims for Losses Due to Flood in State of Tamil Nadu, Puducherry and Neighbouring Districts of Andhra Pradesh

IRDA outlines roadmap on Applicability of Ind-AS in insurance sector; exempts certain Standards

INSURANCE/AAA : Discussion Paper on Convergence to Ind-as in Insurance Sector

Payment made by hospital to doctors would not attract sec. 192 in absence of employer-employee relat

IT : Where assessee, running a hospital, availed services of some doctors, since there did not exist employer-employee relationship between parties, assessee was justified in deducting tax at source under section 194J while making payments of professional fee to doctors

No service-tax credit on sub-broker services if brokerage was paid at unrealistic rates

Cenvat Credit: Where assessee-broker had passed-on brokerage to sub-brokers at rates higher than rate earned by itself and even goods involved were not tallied, sub-broker's services could not be regarded as 'input services'.

If direction under sec. 150 to reopen assessment itself was set aside, reassessment notice deserved

IT : Where on direction of Commissioner (Appeals), reassessment notice beyond four years period was issued to assessee, but said direction was set aside by Tribunal as well as High Court, reassessment notice deserved to be quashed

CCI couldn't inquire into unfair trade practice on complaint made by person who wasn't a customer or

Competition Act: Complaint made by a person who is not a consumer or a trade association cannot be made basis for making an inquiry under section 36-B

Delhi HC quashed reassessment on 'Oriental Insurance' as reason to believe of AO was found erroneous

IT : Where in case of assessee carrying on general insurance business, assessment order was passed accepting assessee's claim that in view of omission of clause (b) of rule 5 of First Schedule of Income-tax Act w.e.f. 1-4-1989, profit from sale of investment was exempt from tax, Assessing Officer subsequently could not reopen assessment merely on basis of change of opinion that aforesaid income was liable to tax

Only income which is in violation of Sec. 13 would be subject to maximum marginal rate; SLP dismisse

IT : SLP dismissed against High Court's ruling that in case of a trust registered under section 12AA, only such part of income which is violative of section 13(1)(d) can be brought to tax at maximum marginal rate and entirety of income cannot be denied exemption under section 11

Cutting and conversion of trees into billets isn't liable to service-tax if it amounts to manufactur

Service Tax : Cutting of trees and converting 'cutwood' into 'billets' for use in 'pulp plant' amounts to 'processing of goods' and if said activity does not amount to manufacture under Central Excise laws, it would be liable to service tax under Business Auxiliary Services

SLP granted to decide whether trust eligible for exemption if it earned rentals by letting out educa

IT : SLP granted against High Court's ruling that where assessee-trust generated income by giving hall and premises of its educational institution on rentals and said income was used for educational institution itself, such income could not be brought to tax

No interest on AED(GSI) due to retro-amendment denying credit if credit was paid or reversed in time

Cenvat Credit : Even in case of retrospective amendment barring use of credit of AED(GSI) accrued prior to 1-4-2000 for payment of BED, interest on credit used in contravention of said bar would be payable from date of wrong utilization, not from date of such retrospective amendment

Delhi ITAT rejects bright line test to determine ALP of AMP exp; directs TPO to follow ratio of Sony

IT/ILT: Where details of advertising, marketing and promotion functions performed by assessee were not available on record and functions of comparables had also not been analyzed by TPO and he applied bright line test for determining value of International transaction, matter be reconsidered afresh

Delhi ITAT rejects bright line test to determine ALP of AMP exp; directs TPO to follow ration of Son

IT/ILT: Where details of advertising, marketing and promotion functions performed by assessee were not available on record and functions of comparables had also not been analyzed by TPO and he applied bright line test for determining value of International transaction, matter be reconsidered afresh

Execution of welding and gas cutting work can't be regarded as manpower supply services

Service Tax : Work of welding, and gas cutting on various locations of service recipient cannot be regarded as 'manpower supply service', as it involves execution of work, not merely supply of manpower

No denial of refund claim just because supporting docs are filed late

Service Tax : In case of refund claim filed under rule 5 of the CENVAT Credit Rules, 2004, read with Notification 17/2009-ST, 'date of filing of refund claim' would be 'date on which refund claim in filed with department in proper form' and not 'date on which documents called for by Department, are furnished'

Chennai ITAT denies to disallow outstanding exp. for TDS default; follows ratio of Merilyn Shipping'

IT : Only an amount outstanding at end of close of assessment year can be disallowed under section 40(a)(ia)

Magistrate's rightly ordered to take possession of secured assets when tenancy agreement not placed

SARFAESI Act: Order passed by Chief Metropolitan Magistrate under section 14, appointing Court Commissioner to take possession of secured assets could not be faulted as in absence of any registered agreement of tenancy being placed on record, Chief Metropolitan Magistrate had no knowledge of any valid and lawful tenancy in favour of petitioners with respect to said assets and equally Bank could not be said to be guilty of suppression for not having made a declaration on that behalf

Assessee had to pay interest from beginning if refund order was vacated and original demand was revi

IT : Where pursuant to High Court's order, impugned order passed by Tribunal granting refund to assessee was set aside and demand of tax was restored, assessee was liable to pay interest under section 220(2) on unpaid tax liability from date of original order to order passed by Assessing Officer giving effect to order of High Court

No reassessment to curtail sec. 10A benefit when revenue had adequate time to file appeal against or

IT: Where Assessing Officer issued notice for reassessment on ground that excessive deduction was taken by assessee under section 10A and said action was not confirmed by Tribunal, since revenue did not file appeal against order of Tribunal and still revenue had time to file an appeal, reassessment proceedings could not be sustained till filing of an appeal

Refund claim is time barred if it is filed beyond time limit provided in notification

Service Tax: A refund claim of service tax filed beyond time-limit specified in concerned exemption notification is time-barred and not maintainable, even if same is within time-limit specified in section 11B of the Central Excise Act, 1944

CAT directs investigation as contract was awarded to cartel instead of lowest bidder

Competition Act : Where findings recorded by Supreme Court clearly established that respondent Nos. 3 to 5 had formed a cartel for procuring contract of liaisoning work for procurement of Coal for state power generation company, cancellation of contract awarded to lowest bidder would make a prima facie case warranting an investigation into matter

ITAT treats 25% of income from selling of sun dried coffee seeds as business income as per Rule 7B

IT : Where assessee was selling only sun dried coffee seeds and was not engaged in other processing activities, its income from coffee estate had to be computed by applying Rule 7B

Voyage of vessel between Indian ports during course of international voyage deemed as international

IT : Journey of a vessel between two Indian ports is "international traffic" under Art 8 of India-Singapore DTAA if the same is part of a larger journey between two foreign ports. It is only when a ship or aircraft is operating 'solely' between places in a contracting state that the transport is excluded from scope of "international traffic". It is not the case of the Revenue that the journey being undertaken by such vessels in question were confined between the two ports in India either routine

AO can't impose penalty under sec.271(1)(c) once penalty proceedings are initiated under sec. 271AAA

IT: Provisions of sections 271AAA and 271(1)(c) are mutually exclusive and, thus, once penalty is initiated under section 271AAA for 'specified previous year', there cannot be any occasion to impose penalty under section 271(1)(c)

Importer not guilty for wrongly declaring Country of origin if it was made as per supplier's asserti

Excise & Customs : Where importer declared country of origin as USA as per supplier's declarations, importer's assessment cannot be reopened alleging misdeclaration on ground that goods bore Australia marking, especially when department had not raised such objection at time of import

No TDS liability on reimbursement of exp. incurred by C&F agent if separate bill was raised by him

IT : Where assessee paid interest for term loan obtained for purchasing assets for business and claimed deduction of same under section 36(1)(iii) and Assessing Officer disallowed interest partly on plea that assessee had given interest free loans to three parties, since term loan had entirely been used for purpose of purchasing assets and assessee had sufficient interest free funds to take care of advances, disallowance of interest was not justified

Stock broker to pay registration fees on monthly turnover basis after enforcement of Schedule IIIA

SEBI : After Schedule IIIA became applicable, Registration fee payable by a stock-broker for any future period since 1-10-2006 could be calculated or demanded only on basis of monthly turnover and payable each month

Private scheduled banks are instrumentality of the State amenable to the Writ jurisdiction: HC

SARFAESI Act : Whether a private scheduled bank is an instrumentality of the State amenable to the Writ jurisdiction of High Court under Article 226 of Constitution of India- Held Yes

'Milk-n-Nut' candy can't be treated as sugar confectionary, rules Supreme Court

Excise & Customs: Milk-n-nut which was preparation of vegetables, fruits, nuts and parts of plants was classifiable under Chapter Heading 2001.10; and it could not be treated as sugar confectionery classifiable under Chapter Heading 1704.90

Time-limit to deposit TDS/TCS extended to 20th Dec. 2015 in the state of Tamil Nadu

IT/ILT : Section 119 of the Income-tax Act, 1961 – Income-tax Authorities – Instructions to subordinate authorities – Extension of time for deposit of tax deducted at source and tax collected at source for State of Tamil Nadu

Repayment of loan in cash due to compulsion of financiar to do so doesn't attract penalty

IT: Where repayment of loan in cash was made out of compulsion by financier as he did not lend or receive back loan amount in cheque or draft from anybody, penalty under section 271E was to be deleted

Hiring cricketers for endorsing client’s brands is advertisement services, not business auxiliary se

Service Tax : Engaging cricketers to endorse products and brand of Hero by such cricketers through various mediums viz. television, radio, display on cricket bats etc., amounts to 'advertisement services' and is liable to service tax

A software development service provider isn't comparable with software product developer

IT/ILT: Assessee being engaged in business of captive provision of software development services, is not comparable to companies being engaged in software product development, bio-informatics, KPO services, product design and product analysis services, engineering services and companies which had substantial R&D activity and owned significant intangibles

Sale of assets of liquidating Co. by a secured creditor without Court's leave was to be set aside

Companies Act: Where once a company is in winding up and workers have a pari passu charge on secured assets, secured creditor would be entitled to enforce its security by sale only with consent of Official Liquidator and under directions of Company Court

SLP granted to decide whether payment of tax liabilities of contract manufacturer could be claimed a

IT : SLP granted against High Court's ruling that where contract manufacturers were carrying out manufacturing activity for assessee and it was in assessee's business interests that all tax liabilities of manufacturers were duly satisfied, payment towards tax liabilities of contract manufacturers was to be regarded as 'business expenditure'

Goods liable to confiscation if condition prescribed for its free import is violated

Excise & Customs: When relevant DGFT Notification allowed 'free import' of marble blocks/tiles for CIF value at USD 60 and above per square metre, if assessee declared same below USD 60 per square metre, confiscation of such goods would be justified

No denial of SSI exemption on exclusive usage of brand name of foreign Co. in India under assignment

Excise & Customs: Use of brand name of foreign company under assignment agreement for exclusive use in India, is use of brand name in assessee's own right and not use of 'other's brand'; therefore, SSI-exemption cannot be denied

No ST on activity of boiling, cleaning and freezing of vegetables and fruits

Service Tax: Sorting, cleaning, boiling and freezing vegetables/fruits and subsequently packing it in unit packing to be sold by their customers under brand name, amounts to 'processing in relation to agriculture' and is exempt from service tax

During course of international voyage traffic between Indian ports deemed as 'international traffic'

IT : Journey of a vessel between two Indian ports is "international traffic" under Art 8 of India-Singapore DTAA if the same is part of a larger journey between two foreign ports. It is only when a ship or aircraft is operating 'solely' between places in a contracting state that the transport is excluded from scope of "international traffic". It is not the case of the Revenue that the journey being undertaken by such vessels in question were confined between the two ports in India either routine

Income earned by oil manufacturer from sale of DEPB and focus market incentives not eligible for sec

IT : Where in support of deduction claimed under section 54G, assessee produced third party independent evidences such as confirmations from transport contractor, engineering contractor etc. for first time before Tribunal, matter was to be remanded back for disposal afresh after taking into consideration aforesaid evidences

Activity of consultancy and software implementation services couldn't be deemed as sales; liable to

CST & VAT: Karnataka VAT - Where assessee was engaged in development and sale of software, etc., activities of business consultancy services and enterprise resource planning software implementation services carried on by assessee could not be considered as sale, as there was no transfer of any goods involved and entire consideration received from customer had been subjected to service tax