A.L.A. FIRM vs. COMMISSIONER OF INCOME TAX, MADRAS

price prevalent since 1.1.1954 and that, therefore, no capital gains were chargeable to tax. The I.T.O. followed up his letter by a notice under S. 148 read with S. 147(b). The assessee objected to the reassessment on two grounds: (1) that the circumstances did not justify the initiation of proceedings under S. 147(b); and (2) that no assessable

NEW DELHI TELEVISION LTD vs. DEPUTY COMMISSIONER OF INCOME TAX

Bench: HON'BLE MR. JUSTICE L. NAGESWARA RAO

reopening   the   assessment   of   an earlier year on the basis of his findings of fact made on the basis of fresh materials in course of assessment of the next assessment   year.   The   appeal   is   dismissed.   No   order   as   to costs.” 22. A   perusal   of   the   aforesaid   judgments   clearly   shows   that subsequent facts which come to the knowledge of the assessing

M/S. STEEL AUTHORITY OF INDIA LTD. (UNIT BHILAI STEEL PLANT) ISPAT BHAWAN . THROUGH ITS SR. MANAGER (F AND A) vs. COMMISSIONER OF CENTRAL EXCISE RAIPUR

Bench: Us. 2. Very Briefly Put, The Question Which We Are Called Upon To Consider & Resolve Is As To Whether Interest Is Payable On The Differential Excise Duty With Retrospective Effect That Become Payable On The Basis Of Escalation Clause Under Section 11Ab Of The Central Excise Act, 1944 (Hereinafter Referred To As “The Act”). 3. In This Batch Of Appeals, We Will Treat C.A. No.2150/2012 As The Leading Case. We Will Refer To The Said Case As The Sail Case. In The Said Case Originally, The Appellant Company Which Is Manufacturer Of Various Products Including Rail

price. It is undoubtedly the case of the appellant that the SLP carried against the said judgment has been dismissed. We notice that this Court has given no reasons while dismissing the SLP. 25. In India Carbon Ltd. & Ors. vs. State of Assam 1997 (6) SCC 479 there was delay in payment of central sale tax. The appellants were called

DY.COMMR.OF INCOME TAX vs. STATE BANK OF INDIA & ORS

price can be taken and not the entire amount. 253 Unexplained Stocks Consent decrees passed by the Supreme Court were not challenged by the appellant. 101 Unexplained money/ Deposits in Banks For an amount of Rs. 18.75 crores decree of Special Court in favour of SBI, w.r.t 64.94 and 17.77 crores Bank filing affidavit stating that the amount never transferred

PR. COMMISSIONER OF INCOME TAX vs. MARUTI SUZUKI INDIA LIMITED

Bench: HON'BLE THE CHIEF JUSTICE

pricing addition of Rs. 78.97 crores; (ii) Secondly, under the approved scheme of amalgamation, the transferee has assumed the liabilities of the transferor company, including tax liabilities; (iii) Thirdly, the consequence of the scheme of amalgamation approved under Section 394 of the Companies Act 1956 is that the amalgamating company ceased to exist. In Saraswati Industrial Syndicate Ltd., the principle

COMMISSIONER OF INCOME TAX vs. SHIVAKAMI CO. PVT. LTD

reopened the assessment under section 34(1)(b) with a view to assess the capital gain 886 arising on the sale of the shares. As there was some argument as to what the Tribunal actually found, it is better to refer to the order of the Tribunal. The Tribunal, inter alia, observed as follows : "Assuming that the sale on 14th

SAHARANPUR ELECTRIC SUPPLY CO. LTD. ETC. ETC. vs. COMMISSIONER OF INCOME-TAX ETC.ETC

transfer 124 of the asset and will not be a wobbling or fluctuating one. [138G-H, 139A] 5.6 There is no difficulty or anomaly resulting from the Revenue’s interpretation in the Calculation of assessable profits under Section 41(2) or the allowances under Section 32(1)(iii). [139B, E] Birmingham Corporation v. Barnes [1935] 3 I.T.R. Supp

COMMISSIONER OF CENTAL EXCISE AND SERVICE TAX ROHTAK vs. M/S. MERINO PANEL PRODUCT LTD

Bench: HON'BLE THE CHIEF JUSTICE

transfer of goods solely to related parties; iv) The show cause notice by the Revenue sought to assess the value of the goods by relying on Rule 11 of the CEVR, read with Rule 4 and Section 4(1)(a) of the CEA. This was contrary to the CBEC Circular and rendered the notice defective and unenforceable; v) Consequently

SHABINA ABRAHAM vs. COLLECTOR OF CENTRAL EXCISE & CUSTOMS

price is the sole consideration for the sale:” (4) For the purposes of this section, - (a) “assessee” means the person who is liable to pay the duty of excise under this Act and includes his agent;” 11. Recovery of sums due to Government. - In respect of duty and any other sums of any kind payable to the Central Government under

M/S. TECHNO SHARES & STOCKS LTD. vs. COMMISSIONER OF INCOME TAX-IV

reopening of assessment under Section 147 was the claim of depreciation by the assessee on BSE membership card amounting to Rs. 23,65,000/-. The claim of depreciation of the assessee was based on Section 32(1)(ii) which stood inserted by Finance (No. 2) Act, 1998 w.e.f. 1.4.1999. However, the said Section deals with claim for depreciation of items

M/S QUEEN'S EDUCATIONAL SOCIETY vs. COMMR.OF INCOME TAX

Bench: The Uttarakhand High Court, Nainital, May Be Gleaned From The Facts Of One Of Them, Namely, The Queen’S Educational Society Case. The Appellant Filed Its Return For Assessment Years 2000-2001 & 2001-2002 Showing A Net Surplus Of Rs.6,58,862/- & Rs.7,82,632/- Respectively. Since The Appellant Was Established With The Sole 2

price of its services and apply afresh, in which case the application will be duly considered on merits.” 21. It is these orders that were set aside by the judgment of the Punjab and Haryana High Court impugned by the Revenue before us. 22. Section 10(23C)(vi) read with the 3rd and 13th provisos thereto and Section

TATA IRON & STEEL CO. LTD. vs. COMMNR. OF CENTRAL EXCISE & CUSTOMS

The appeal stands disposed of accordingly

Bench: Us, Has Imported Certain Equipments & Drawings & Engineering Documents From Siderugia National Of Portugal - A Government Of Portugal Undertaking. It Appears That Some Time In The Year 1981 Italimpianti, Genevo, Italy Supplied Materials, Designs & Engineering Drawings Etc. To Siderugia National Portugal (Hereinafter Snp, For Short) For Setting Up Rolling Mill Project In Portugal. The Supplies Consisted Of Equipments For Blast Furnace, Ld Converter, Steel Plant Bellet Castors, Wire Rod Mills, Torpedo Ladle Cars Etc.. However, Before The Equipments Could Be Installed, Portugal Decided To Join European Economic Community (Eec) Consequent Whereupon Portugal Could Not Have Expanded Its Steel Making Capacity. Snp Decided To Cancel Its Investment Plan & To Sell The Equipments & Materials Which Were Lying Unused

assess the value of the goods liable to payment of customs duty and thereupon determine the quantum of duty and penalty, if any, for the reasons stated hereinafter. A perusal of the order of the Tribunal shows that it has mainly proceeded on two sets of reasoning for holding against the appellant. Firstly, the Tribunal has examined the applicability

ENGINEERING ANALYSIS CENTRE OF EXCELLENCE PRIVATE LIMITED vs. THE COMMISSIONER OF INCOME TAX

Bench: HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

transfer to the copy/copies any copyright or other marking on the Software or Documentation. d) not use the Software or Documentation for any other purpose than permitted in this Article 20, License or sell or in any manner alienate or part with its possession. e) not use or transfer the Software and/or the Documentation outside India without the written consent

M/S GUZDAR KAJORA COAL-MINES LTD. CALCUTTA vs. THE COMMISSIONER OF INCOME TAX, CALCUTTA

reopened by the appellant the Income-tax Officer had a right to see whether there was any justification ,for the departure, that the break up of the valuation in the sale deed was in fact arbitrary and that it was unlikely that the goodwill was provided for in the break up of the valuation in the sale deed. On reference

THE AUTHORITY FOR ADVANCE RULINGS (INCOME TAX) vs. TIGER GLOBAL INTERNATIONAL II HOLDINGS

Bench: HON'BLE MR. JUSTICE R. MAHADEVAN

transfer of the CGP share and not by virtue of various clauses of SPA. In a case like the present one, where the structure has existed for a considerable length of time generating taxable revenues right from 1994 and where the court is satisfied that the transaction satisfies all the parameters of “participation in 66 investment” then in such

THE MAVILAYI SERVICE COOPERATIVE BANK LTD. vs. COMMISSIONER OF INCOME TAX CALICUT

Bench: Us, The Assessing Officer Denied Their Claims For Deduction, Relying Upon Section 80P(4) Of The It Act, Holding That As Per The Audited Receipt & 2

prices to members. 22. Act as an agent in collection of premium of LIC, rent of electricity board, telecom and other public sector undertakings. 23. To associate more people to the cooperative institutions by organising cooperative education and campaigns. 24.To borrow funds from District Cooperative Banks, Govt and other institutions approved by Registrar. 25. To render services like collection