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

133(6) of the IT Act. He also relied upon several judgments of this Court which would show that mere registration as a primary agricultural credit society is not enough, the expression “engaged in” meaning that there must be a continuing obligation on 14 such society to carry out its main objects from year to year, and if does

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

Bench: HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

6. BACKUP COPY- After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the original media on which the SOFTWARE PRODUCT was provided by Microsoft solely for backup or archival purposes. If the original media is required to use the SOFTWARE PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE PRODUCT

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

Bench: HON'BLE MR. JUSTICE R. MAHADEVAN

133 I. INTRODUCTION 4. The power of an independent Republic to levy and collect tax forms part of its inherent sovereign functions, and such power is circumscribed only by the requirement of being within the authority of law. Article 265 of the Constitution of India envisages the same. In a world where nations must necessarily engage 4 with each other

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS) vs. AHMEDABAD URBAN DEVELOPMENT AUTHORITY

Bench: HON'BLE THE CHIEF JUSTICE

Section 12AA(1) of the IT Act, on 18.05.1979 and is engaged in the activity of promotion of the export of all kind of ready-made garments, knitwear, and garments made of leather, jute and hemp. It does not per se engage in any activity for profit, and its mandate is to ensure that Indian apparel manufacturers, are given forums

PRINCIPAL DIRECTOR OF INCOME TAX (INVESTIGATION) vs. LALJIBHAI KANJIBHAI MANDALIA

The appeal is allowed and the order passed by the High

Bench: HON'BLE MR. JUSTICE HEMANT GUPTA

transferred a sum of Rs. 6 crores on 01.06.2016 and Rs. 4 crores on 21.06.2016 to M/s Goan Recreation Clubs Private Ltd. The assessee secured the loan by way of a mortgage of the property forming part of Survey No. 31/1-A situated in Village Bambolim, Distt. North Goa. It is an admitted fact that the assessee became the Director

GENPACT INDIA PRIVATE LIMITED vs. DEPUTY COMMISSIONER OF INCOME TAX

Bench: HON'BLE THE CHIEF JUSTICE

transfer of shares of Mauritius resident taxable in that country and under Mauritius tax laws capital gain is totally exempt, entire transaction used to escape the tax net. Thus to plug this loop hole in the statute, Section 115QA is introduced to provide that where shares are bought back at a price higher than the price at which those shares

RAMNATH AND CO. vs. THE COMMISSIONER OF INCOME TAX

Bench: HON'BLE MR. JUSTICE DINESH MAHESHWARI

Section 85-C earlier and Section 80-O later were inserted to the Act of 1961. Noteworthy it is that from time to time, the 53 ambit and sphere of Section 80-O were expanded and even the dealings with foreign Government or foreign enterprise were included in place of “foreign company” as initially provided. The requirement of approval

M/S. LARSEN & TOUBRO LTD. vs. COMMNR. OF CENTRAL EXCISE, PUNE-II

The appeal is allowed

Bench: Us. The Appellant Is A Company Incorporated Under The Companies Act. It Undertook A Contract For Construction Of Bridges For M/S. Konkan Railway Corporation Ltd. (’Konkan Railway’, For Short), Which Is A Public Sector Undertaking. Appellant Manufactured Pre Stressed Concrete Girders (Psc Girders). It Used To Transport Them To The Site Of Construction Of Bridges Of The Railways. It Did Not Register Itself With The Authorities Of The Central Excise. 2. Alleging That The Appellant, For The Period March 1993 & December 1994, Although Was Involved In The Manufacturing Activity, By Undertaking Manufacture Of 75 Psc Girders, But Did Not Pay Any Excise Duty Thereupon. 3. A Notice Was Issued To The Appellant Directing It To Show Cause As To Why Central Excise Duty To The Tune Of Rs.32,35,575/- Should Not Be Demanded & Recovered From Them In Terms Of The Proviso Appended To Rule 49(1) Of The Central Excise Rules, 1944 (Rules) Read With Section 11A Of The Central Excise & Salt Act, 1944 (Act) & As To Why Penalty Should Not Be Imposed On Them & The Plant & Machinery & The Manufactured Goods Should Not Be Confiscated. Cause Was Shown By The Appellant Inter Alia Stating That No Excise Duty Was Payable. The Said Notice Was Withdrawn Stating: "The Said Show Cause Notice Has Been Issued Without Obtaining Approval Of The Proper Authority Or By The Proper Officer. Accordingly, Show Cause Notice Dated 27.1.94 Hereby Withdrawn.

133 (Tri.- Chennai)]; Delhi Tourism and Transportation Development Corporation vs. C.C.E., [1999 (114) ELT 421 (Tri.-Delhi)]; M. Ramachandra Rao vs. CCE, Guntur, [2005 (186) ELT 353 (Tr.- Bangalore)]; Raghunath Ramachandra Shanbag vs. CCE, Mumbai-VII, [2004 (178) ELT 488 (Tr.-Mumbai)]; and Gammon India Ltd. vs. CCE, Goa, [2002 (146) ELT 173], which held the field at the relevant

COMMISSIONER OF GST AND CENTRAL EXCISE vs. M/S CITIBANK N.A

Bench: HON'BLE MR. JUSTICE K.M. JOSEPH

Section 66 B accompanied by the definition of service under Section 65B (44) and the legislature further providing for the negative 80 list of services which stood excluded from the levy of service tax in Section 66 D, the question would only be whether there is any service and whether it is excluded under Section 66 D. The relevant part

COMMNR. OF CUSTOMS (GENERAL), N. DELHI vs. GUJARAT PERSTORP ELECTRONICS LTD

The appeals are allowed

133 ELT 9 (SC), set it aside allowing the appeal filed by the Department. Since the decision of the Larger Bench of CEGAT cannot be said to be a good law in view of the decision of this Court referred to above, all the appeals deserve to be allowed by setting aside the order passed by CEGAT. The learned counsel