Co. providing engineering and geospatial services isn't comparable to a Co. offering only engineerin

IT/ILT : Where TPO made addition to assessee's ALP in respect of rendering engineering and structural designing services to its AE, in view of fact that one of comparables selected by TPO was functionally different as it was offering both engineering as well as geospatial services, only a part of impugned addition deserved to be confirmed

ITAT deleted penalty as revenue failed to point out any non-compliance regarding production of TP do

IT/ILT : Where in course of transfer pricing proceedings, revenue could not point out any specific non-compliance on part of assessee regarding production of documents maintained under section 92D(1), impugned penalty order passed under section 271G was to be set aside

HC condones delay in filing appeal as delay occurred just because person-in charge was on bed rest

Excise & Customs : Where 'delay occurred because person-in-charge was advised bed-rest' and said explanation is found to be genuine, then, condonation cannot be denied merely because Appeal was not filed immediately after resumption of duty by person-in-charge; High Court allows condonation on payment of costs

Co-operative banks to withhold taxes while making payment of interest in excess of Rs. 10,000 to its

IT: Where assessee co-operative bank had made interest payments in excess of Rs. 10,000 on term deposits to its depositors, assessee would be liable to deduct TDS on said payment

Assessee availing of area-based exemption for first time need not to reverse credit balance lying wi

Central Excise : A manufacturer availing of area-based exemption for first time is not required to reverse Cenvat Credit balance lying with him

No penalty under sec. 158BFA on admission of undisclosed income without hearing assessee

IT : A notice to assessee is a must before any penalty is imposed under section 158BFA

HC sets aside adjudication of stamp duty by Collector as he failed to ascertain the fact that proper

Stamp Act: Where respondents while adjudicating upon application of petitioner filed under section 31 had not ascertained fact that value mentioned in sale deed was less than market value and petitioner had wilfully under-valued property, with a fraudulent intention to evade proper stamp duty, impugned order passed by respondent taking recourse to section 47A was to be set aside

No invocation of extended period and imposition of penalty against recipient of service in revenue-n

Service Tax : Where an assessee is paying tax as a receiver, extended period and consequent penalty may not be invokable if situation is revenue-neutral; CESTAT remands matter back to reconsider matter on facts and law

Commissioner rightly exercised revision power as original assessment order was pre judicial to inter

CST & VAT : Kerala GST - Information received subsequent to assessment that relevant Form F was invalid, would be sufficient for Commissioner to exercise revision power

Input tax credit of purchase tax wasn’t available to manufacturer as it had sold final product outsi

CST & VAT: Tripura VAT - Where assessee purchased raw rubber after payment of purchase tax and manufactured rubber thread therefrom and sold a large quantity of rubber thread outside State either by transfer of stock or by means of inter-State sale, benefit of input tax credit was not available to assessee in respect of central sales tax collected and payable under Central Act

Area-based exemption from basic excise duty doesn't extend to EC, SHEC and National Calamity Conting

Excise & Customs : An area-based exemption from basic excise duty or special excise duty leviable under Central Excise Tariff Act, 1985 does not extend to education cesses and National Calamity Contingent Duty leviable under various Finance Acts

No addition in block assessment for completed assessments unless any incriminating evidence found in

IT : Determination of 'total income' in respect of assessment years for which assessments were already completed on date of search, shall not be influenced by items of income other than those based on material unearthed during course of search

Govt. mandates e-filing of VAT returns in Daman and Diu

CST & VAT : Daman and Diu Value Added Tax Rules, 2005 - Amendment in Rule 28

Assessee is eligible for interest on belated refund after expiry of 3 month from date of filing refu

Excise & Customs : There is no provision under section 11BB that relevant date for determining interest on belated refund will be postponed in any eventuality; interest accrues from expiry of 3 months from date of refund applications and date of appellate order granting/upholding refund is immaterial

Issue of determining market value of property being converted into stock-in-trade couldn’t be decide

IT : Question of determining fair market value of property of assessee converted into stock-in-trade from investment is a question of fact which can not be determined in writ jurisdiction

ITAT allows deduction of interest as loan was utilized to acquire property for business of pre-schoo

IT : Where assessee, engaged in business of running pre-schools, took term loan and utilised it for acquiring property used for purpose of pre-schooling business, assessee's claim for deduction of interest on said loan was to be allowed

Mere incompleteness in import declaration form won't invite penalty when goods were recorded in book

IT : Where in respect of credit entries, assessee established identity of creditors by bringing on record their PAN and complete addresses and, moreover, transaction was made through proper banking channel, impugned addition made under section 68 was not sustainable

Employee couldn’t file writ due to excess tax deducted by employer as he could claim its credit in r

IT : Where assessee filed writ petition seeking a direction to respondents to assess him for tax only after deducting monthly instalments recovered from his salary towards housing loan repayment, in view of fact that any excess deduction would be taken care of in regular assessment, relief sought for could not be granted

Construction of electrical substation is a service relating to transmission of electricity; exempt f

Service Tax : Constructing electrical substations on turnkey basis was exempt from service tax under notification no.45/2010-ST, dated 20-7-2010, as it is a service relating to transmission and distribution of electricity

Allowing assessee to pay arrears of tax instalments was valid as it was permitted under Tamil Nadu V

CST & VAT :Tamil Nadu VAT - Where assessee was in arrears of tax and thereupon Assessing Authority initiated coercive proceedings against assessee and on writ petition Single Judge quashed action of Assessing Authority and directed assessee to pay amount in instalments, order passed by Single Judge was subject to provisions of section 42 and was correct