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The appellant/assessee provided services of Authorized Service Station and Business Auxiliary Services. They had acted as agent for promoting vehicle loans for which the Bank paid them commission. Out of the commission paid by the Bank, they were in fact paying some amount to the loan seekers as an incentive for taking the loan through them.
The economic growth is now expected to be marginally over 7 percent, though capital formation and investments have slowed down, global economic and financial conditions are under pressure, inflation has declined but still a cause of worry and fiscal deficit continues to be of concern. In this backdrop, it is no body’s guess as to what the forthcoming budget is going to be.
Individual whose total income for the relevant assessment year does not exceed Rs 5 lakh and consists of only income chargeable to income-tax under…salaries… (and) income from other sources, by way of interest from a saving account in a bank, not exceeding Rs 10,000” have been exempted from filing the returns from assessment year 2012-13
Question involved in the appeal is whether the duty paid by the job worker on goods, received back by the appellant can be availed as Cenvat credit by the appellant. I find that the issue involved in the appeal is clearly covered by the decision of Hon’ble Bombay High court in the case of Nestle India Ltd. (supra). Once the duty has been paid by job worker on goods sent back to appellant, there is no reason to deny benefit of Cenvat credit to the appellant.
Perusing the material available on record including the affidavit filed by the assessee to show that the assessee was under the bonafide belief that the change of address was informed /known to the Department; we are of the view that the assessee was prevented by reasonable cause, therefore, in the interests of justice, we consider it fair and reasonable that the matter should go back to the file of the ld. CIT(A) and accordingly, we set aside the order passed by the ld. CIT(A) to his file to decide the appeal of the assessee afresh and according to law
The issue for consideration before is whether the gift received by the assessee is genuine or not? As per the AO, gift of such a substantial amount was not justified to a nonrelative/ no blood relation and the creditworthiness of the donor is not adequate. The CIT(A) held that, in fact, the Assessing Officer has in his remand report clearly stated that “The donor has confirmed in his statement the fact of giving gift to the appellant during the year under consideration.
At the time of hearing, the ld.counsel for the assessee submits that the assessee has filed certain additional evidences i.e. vouchers relating to expenses, balances sheet for the period from 31.3.1999 to 31.3.2005 and bank statement of the assessee showing receipt of Rs.15,00,000/- from M/s Landline Builder Pvt.Ltd. vide sale agreement dated 23.3.1987 appearing at pages 100 to 215 of the assessee’s paper book. He further submits that the above additional evidence goes to the root of the matter, therefore, the same may be admitted and the issue may be set aside to the file of the AO to examine and decide the same afresh after due verification. On the other hand, the ld.DR while relying on the orders of the AO and the ld.CIT(A) submits that he has no objection, if the issue is set aside to the file of the AO for fresh adjudication
Notification No. 15/2012 – Customs (ADD) By virtue of the present notification, i. 15/2012-Customs (ADD) dated 05-03-2012, the validity date of the earlier notification no.15/2007-Customs dated 20 February, 2007, levying anti-dumping duty on imports of all Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn / Flat Yarn of Polyester, originating in, or exported from, Indonesia, Republic of Korea, Malaysia and Chinese Taipei-have been extended up to 20th August, 2012
Circular DBOD No. CID. BC.84/20.16.042/2011-12, dated 5-3-2012 We advise that, on March 5, 2012, we have issued ‘Certificate of Registration’ to Credit Information Bureau (India) Limited (CIBIL) to carry on the business of credit information. The address of the company is as follows: The Managing Director, Credit Information Bureau (India) Ltd. Hoechst House, 6th Floor […]
The Chief Commissioner of Income Tax, Jaipur invites applications from the Advocates for Empanelment of Senior / Junior Standing Counsel to represent the Income Tax Department before the honorable Rajasthan High Court.
