high court judgments - Page 338

Delayed payment of foreign travel tax (FTT) attract penalty under the provision of the Finance Act, 1979 : Bombay HC

In a setback to foreign carrier companies, the Bombay high court has ruled that delayed payment of foreign travel tax (FTT) could attract penalty under the provision of the Finance Act, 1979. Rejecting the plea of petitioners Malaysian Airlines, Saudi Arabian Airlines, North West Airlines and Kenya Airlines...

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Commissioner of Central Excise Versus Lalit Steel and Agro Industries (HC of Punjab & Haryana)

Commissioner of Central Excise, Chandigarh- I Vs M/s Lalit Steel and Agro Industries (Punjab & Haryana High Court)

On further appeal by the respondent-dealer who issued invoices, the Tribunal vide order dated 16.9.2009, reduced the penalty to 10% taking into account that 100% penalty had already been levied on the assessee who claimed Cenvat Credit wrongly. 100% penalty has already been levied on the assessee wrongly claiming the benefit of Cenvat Cre...

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Service tax Penalty – Section 80 does not provide for reducing the penalty under Section 76 below the prescribed minimum

Commissioner, Central Excise & Customs Vs Port Officer (Gujarat High Court)

A plain reading of Section 76 of the Act indicates that a person who is liable to pay service tax and who has failed to pay such tax is under an obligation to pay, in addition to the tax so payable and interest on such tax, a penalty for such failure. The quantum of penalty has been specified in the provision by laying down the minimum an...

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Foreign passport holders can''t represent India in sports: HC

The Delhi High Court today said People of Indian Origin (PIO) and Overseas Citizen of India (OCI) cannot represent India in international sports events saying they owe their allegiance to their adopted countries. Upholding the Centre''s policy of not allowing people of Indian origin holding foreign passport to represent the country in a s...

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Posted Under: Income Tax |

Suo moto transfer of case by one Assessing officer to another is illegal – Kolkata High Court

Kusum Goyal Vs The Income Tax Officer & Ors (Calcutta High Court)

Therefore, since it has been held in this judgement that it is imperative on part of the respondents to issue order under section 127(3), the letters/notices under challenge are set aside and quashed. The writ petition is allowed. Consequential proceedings are also set aside and quashed. Accordingly, the notice dated 6th January, 2010 reg...

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Vodafone case hearing starts in HC

Bombay High Court on Wednesday began hearing on Vodafone’s plea challenging income-tax department’s tax claim of $2 billion on the telecos’ buyout of Hutchison’s stake in Hutchison-Essar in 2007 for $11 billion. ...

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Posted Under: Income Tax |

Any disclosure made subsequent to seizure of incriminating material cannot be called voluntary

Shardadevi P. Jhunjhunwala Vs. CIT (Bombay High Court)

When the disclosure is made subsequently to the seizure of incriminating material, the disclosure is made because of adverse consequences and such disclosure is not voluntary. On the facts of the case, the disclosure was made pursuant to search and seizure of incriminating material which includes the diary. The issue whether the authoriti...

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Constitutional validity of amendment made by Finance Act, 2010 to construction services challenged

Maharashtra Chamber of Housing Industry Vs Union of India (Bombay High Court)

Construction of a complex intended for sale by the builder before, during or after construction is deemed to be a service provided by the builder to the buyer;No service tax is leviable if entire payment for the property is paid by the buyer after completion of the construction including certification by the local authorities;...

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Vodafone confident of success in Income Tax Dispute

The UK-based Vodafone Group Plc is confident that it would not have to shell out income tax in India for the Group's $11.2-billion acquisition of local mobile operator Hutchison Essar Ltd in 2007. The Netherlands- based unit of Vodafone — Vodafone International Holdings BV had acquired a 67 per cent stake in Hutchison Essar, which has ...

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Posted Under: Income Tax |

Bombay High Court stays collection of Service Tax levied on buildings under construction

Maharashtra Chamber Of Housing Industry Vs Union of India (Bombay High Court)

The Bombay High Court has granted an interim stay on collection of Service Tax levied on buildings under construction, following a writ petition filed by the Maharashtra Chamber of Housing Industry (MCHI). Mr Sunil Mantri, President, MCHI, said the chamber had urged the High Court to restrain the respondents (Union Government and others) ...

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