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Advocate Bharat Agarwal

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Interest under Section 35FF Commences from Appellate Authority’s Order Date: Delhi HC

Excise Duty : In present facts of the case, the Hon’ble Delhi High Court observed that Section 35FF of the Excise Act indicates that interest ...

July 27, 2023 555 Views 0 comment Print

Demanding legitimate dues is not extortion under Section 385 of IPC

Corporate Law : In present facts of the case, the Hon’ble High Court quashed the proceedings under Section 385 of IPC pertaining to extortion as...

July 25, 2023 1308 Views 0 comment Print

Public Authority not required to provide ‘opinion’ or ‘advice’ under RTI: CIC

Corporate Law : Unravel the Rahul Gupta vs CPIO case where the CIC upheld that public authorities are not obliged to provide opinions or advice u...

June 28, 2023 1869 Views 0 comment Print

Order Supported by Reasoning, Documents and Facts: Not Arbitrary

Corporate Law : Rajasthan High Court upheld order of Electricity Ombudsman, which allowed recovery of transformation losses and pro-rata transform...

June 28, 2023 408 Views 0 comment Print

Licence/ Royalty fees to facilitate Trading Operation & Effective Management is Revenue in Nature

Income Tax : ITAT Delhi held in case of DCIT v Hitz FM Radio India Ltd. that expenditure related to licence fee and royalty which helps merely ...

January 27, 2016 1468 Views 0 comment Print


Penalty Proceedings can’t be initiated without any corroborative evidence

November 17, 2015 1895 Views 0 comment Print

In the Case of the Dasrathbhai Narandas Patel v ITO, ITAT-Ahmedabad held that the assessment Proceedings are completely different from Penalty Proceedings and before initiating the penalty proceedings there should be some convincing and corroborative evidence.

Revenue Must have Tangible Material to initiate income escaping Assessment

November 3, 2015 3081 Views 0 comment Print

In the case of Coperion Ideal Private Limited v. CIT, Delhi High Court while giving the decision in the favour of the assessee, held that there should be some tangible material available with the Revenue, whenever they want to conclude that Assessee have escaped Assessment.

Revised computation sufficient for mistake in currency conversion for computation of exemption U/s. 10A: HC

November 3, 2015 565 Views 0 comment Print

The Delhi High Court held in the case of E-Funds International India Private Limited v. PR. CIT, while dismissing the appeals of the Revenue that revised computation was sufficient in the place of furnishing revised returns as there was only a minor technical fault as the figure of USDs was not changed into Rupees while computing the deduction under section 10A.

Appeals filed by revenue without Proper reasons/explanations not maintainable: HC

November 3, 2015 349 Views 0 comment Print

CIT v Proctor and Gamble Home Products Ltd- Bombay HC observed that the appeals filed by the Revenue was in a very causal manner without indicating the basis of the challenge. Further, it was observed that Rule of law implies certainty of law.

Completion of reassessment without issue of reasons is invalid: HC

November 3, 2015 655 Views 0 comment Print

In the case of CIT v Trend Electronics, Bombay Court held that before issuance of reopening notice for assessment, the Revenue have to furnish the reasons for it. Otherwise, the notice will be considered as bad in Law.

Benefit of exemption notification only for goods covered in notification & cannot be extended to similar goods: SC

October 27, 2015 3036 Views 0 comment Print

Supreme Court in the case of M/s Larsen & Toubro Limited v CCE held that the particular product which has been manufactured by the assessee for captive consumption will only be considered for any kind of exemption if covered by any exemption notification.

Distinct or Different use in an article after transformation is Manufacture : SC

October 27, 2015 2089 Views 0 comment Print

In case of CCE v M/s Fitrite Packers, Hon’ble Supreme Court held that the product could be termed as ‘Manufactured’ only when there is a transformation in the original article and this transformation should bring out a distinctive or different use in the article.

CVD payable on import of Concentrates: SC

October 27, 2015 691 Views 0 comment Print

In case of M/s Star Industries v Commissioner of Customs (Import), Hon’ble Supreme Court while interpreting Notification No.4/2006-CE held that it is an exemption notification where only ‘Ores’ were exempted and if after the process of manufacture

Place of Delivery could not be termed as Place of Removal: SC

October 22, 2015 7216 Views 0 comment Print

In the present case the Hon’ble Supreme Court held that the place of delivery could not be termed as place of removal for the relevant time mentioned in the show cause notices with respect to section 4 of Excise Act and Rule 5 of Excise Valuation Rules.

Writ Petition could be allowed if there is procedural lapse by Authorities: HC

October 12, 2015 778 Views 0 comment Print

The Bombay High Court has held in the case of TNT India private Limited v. Principal CIT that Writ Petition could be allowed if the due procedure have not been followed while suspending the registration under Regulation 14 of Courier Imports and Exports (Clearance) Regulations, 1998.

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