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Last Updated : Thursday 12th February, 2015 - 4:21pm

Central Excise and Service Tax Audit norms to be followed by the Audit Commissionerates Continue reading | Petroleum Minister has defended the increase in excise duty Continue reading | Minimum Export Price (MEP) on export of Potato has been removed. Continue reading | CBEC notifies New Customs Exchange rates with effect from 20th February, 2015 Continue reading | Anti dumping Duty on Acetone originating in, or exported from, Korea ROK imposed for five years Continue reading | Guidelines on Import of Gold by Nominated Banks / Agencies Continue reading | Multiple IECs against a single PAN, if not surrendered before 31.3.2015, will be deactivated. Continue reading | Revision in Appendix 37 A of Handbook of Procedure – Volume I. Continue reading |  Exempt part of customs duty on import of Urea under Urea Off-Take Agreement between the Government of India and Oman-India Fertilizer Company S.A.O.C. Continue reading | The application fee for online IEC is corrected to read as Rs 250/-. Continue reading |
Category Archives: High Court Orders

High Court Orders

2014-ITS-1852-HC-Sarla Performance Fibers Ltd. -Versus – C. (ADJUDICATION), C.E., MUMBAI

Goods removed with intention to evade payment of duty for which penalty was imposed under Rule 173Q read with Rule 209 of erstwhile Central Excise Rules, 1944. There being intent to evade payment of duty, order imposing penalty upheld. Appeal dismissed. Continue reading

2015-ITS-83-HC-Expro Gulf Ltd. -Vs- Union of India, On. JANUARY  22, 2015 

While exercising the writ jurisdiction under Article 226 of the Constitution of India, the High Court ordinarily should not proceed to look into as to whether informations sought by the Indian Authorities were ever declined by the Government of Cyprus or Government of Cyprus is ready and willing to supply the informations sought by the Indian Authorities. Continue reading

2015-ITS-82-HC-India Trade Promotion Organization -Vs- Director General of Income-tax (Exemptions), On. JANUARY  22, 2015 

The correct interpretation of the proviso to section 2(15) of the Act would be that it carves out an exception from the charitable purpose of advancement of any other object of general public utility and that exception is limited to activities in the nature of trade, commerce or business or any activity of rendering any service in relation to any trade, commerce or business for a cess or fee or any other consideration. Continue reading

2015-ITS-64-HC-Neo Trust -Vs- Income-tax Officer , On. JANUARY  16, 2015 

The Act provides for assessment in representative capacity, but the representative capacity of the Trustees of the First Level Trust is to represent the beneficial interest of the beneficiary of its Trust. It cannot reach to the Third Level Trust or the beneficiaries of the Third Level Trust as sought to be canvassed. Had the option been not available under Section 164 of the Act to the Assessing Officer, possibly the beneficiaries of Second Level Trust could also not be considered, but as such option is expressly made available under Section 164 of the Act, for the purpose of tax under the Act, the Assessing Officer may be in a position to find out the status of the beneficiaries of the First Level Trust. Continue reading

2014-ITS-1888-HC-Commissioner of Income-tax -VI -Vs- Tupperware India (P.) Ltd. , DECEMBER  22, 2014 

Hire charges paid on plastic moulds could not be disallowed even if they were given to contract manufactures free of cost Continue reading

2014-ITS-1887-HC-Pattambi Service Co-operative Bank Ltd.   -Vs-   Union of India , DECEMBER  20, 2014 

It is well settled that the ‘taxation entry’ confers powers upon the legislature to legislate for matters ‘ancillary or incidental’, including the provisions for evasion of tax. In the result, no case made out for striking down section 133(6) or second proviso thereto as unconstitutional in so far as they apply to inquiries when no proceeding is pending Continue reading

2014-ITS-1885-HC-Commissioner of Income-tax -Vs- Ravjibhai Harkhabhai Savalia* , DECEMBER  10, 2014 

Where Apex Court distinguished its decision which was relied upon by Tribunal while holding that amount of compensation could not be treated as income under section 45(5), matter was to be remanded back Continue reading

2014-ITS-1886-HC-Commissioner of Income-tax, Chennai -Vs- Dr. M.A.M. Ramaswamy , On. DECEMBER  10, 2014 

Business loss could not be set-off from winnings from betting and gambling income, as they would be taxed on gross basis as per section 115BB, read with section 58(4) of the Income-tax Act Continue reading

2014-ITS-1884-HC-Ana Labs -Vs- Deputy Commissioner of Income-tax* , On. DECEMBER  9, 2014 

Where assessee firm sold its assets to a company and said transaction did not fall under section 47(xiii), assessee was liable to pay capital gains tax Continue reading

2014-ITS-1883-HC-R.K Jain     -Vs-   Chairman, Income Tax Settlement Commission , On. DECEMBER  5, 2014 

If ITSC aggrieved by orders passed under RTI Act, the ITSC can prefer an appeal in accordance with RTI Act. The Chairman, ITSC has no inherent or other power to pass administrative order to set aside orders passed under the RTI Act Continue reading

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