"28 March 2021" Archive - Page 5

Rejection of Excise duty refund claim made after Limitation Period was justified

KEC International Ltd. Vs Commissioner of Central Excise & CGST (CESTA New Delhi)

KEC International Ltd. Vs Commissioner of Central Excise & CGST (CESTAT New Delhi) amount as was prayed to be refunded is admittedly an amount other than the duty or interest which is the subject matter of refund under Section 11 B. Keeping in view the same, to my opinion Section 11B should not have been […]...

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KVAT: Form VAT 240 cannot be treated as return for claiming ITC

Mfar Constructions Pvt. Ltd., Vs Additional Commissioner of Commercial Taxes (Karnataka High Court)

By no stretch of imagination Form VAT 240 can be treated as a returns for the purposes of claiming input tax credit, especially in the light of the fact that filing of returns to compute the net tax liability has to take place keeping in view Section 10(3) and 10(4) of the KVAT Act....

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HC dismisses PIL for framing rules for Uniform of Excise Officers

All India Central Excise Inspectors Assn. Vs U.O.I (Allahabad High Court)

As per the own case of the petitioner as set out in paragraph 19 of the writ petition there is practice of wearing Khakhi Uniform by the officers of different wings of the department which was started sometime in the year 1938. However, there is no uniformity in these uniforms. As such, it cannot be said that the insistence of wearing Uni...

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ITAT allows Employee’s Contribution to PF/EPF paid after Due Date

Doosan Power Systems India P.Ltd. Vs DCIT (ITAT Chennai)

Doosan Power Systems India P.Ltd. Vs DCIT (ITAT Chennai) We find that issue of belated payment of employees contribution to PF & ESI is allowable expenditure u/s.43B of the Act or not is no longer res integra. The Hon’ble Supreme Court in the case of M/s.Vinay Cements Ltd. (supra) and also in the case of […]...

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PMLA cases are totally independent of base offences: HC

Babulal Verma Vs Enforcement Directorate (Bombay High Court)

Babulal Verma Vs Enforcement Directorate (Bombay High Court) For initiation/registration of a crime under the PMLA, the only necessity is registration of a Predicate/Scheduled Offence as prescribed in various Paragraphs of the Schedule appended to the Act and nothing more than it. In other words, for initiating or setting the criminal law...

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Section 14 of Limitation Act Applies to Application under Section 7 of IBC: SC

Sesh Nath Singh Vs Baidyabati Sheoraphuli Co-Operative Bank Ltd. (Supreme Court)

Sesh Nath Singh Vs Baidyabati Sheoraphuli Co-Operative Bank Ltd. (Supreme Court) An Adjudicating Authority under the IBC is not a substitute forum for a collection of debt in the sense it cannot reopen debts which are barred by law, or debts, recovery whereof have become time barred. The Adjudicating Authority does not resolve disputes, i...

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Allegation of intention to evade Tax payment on Govt run Institute can be nothing but absurd

Rajasthan Housing Board Vs Commissioner Central Excise (CESTA New Delhi)

It was held that when an Institute run by a State Government and associated in implementation of various welfare schemes of the Government, the allegations of suppression of facts or wilful misstatement can be nothing but absurd....

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Machinery part replacement expense not resulting in production capacity increase is revenue expense

Jaya Hind Industries Limited Vs DCIT (ITAT Pune)

Jaya Hind Industries Limited Vs DCIT (ITAT Pune) which is used in the robotic arms forming part of high pressure die casting machines can be allowed as revenue expenditure. The factual submissions made on behalf of the appellant are that the expenditure was incurred on replacement of Gripper which is part of robotic arms forming […...

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ITAT treated same transaction in case of Co-Owners differently: HC remits back for reconsideration

Amjad Ahmedbhai Sheikh Vs ACIT (Bombay High Court)

Amjad Ahmedbhai Sheikh Vs ACIT (Bombay High Court) We find that the assessee and Shri Narendra Kanhaiyalal Parikh were joint purchasers of agricultural land by virtue of sale-deeds dated 23.03.2004 and 29.04.2004. After converting the same for non-­agricultural use, various plots came to be sold. Prima-facie we find that as the co-owner ...

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ITAT allows depreciation on Goodwill

Geodis Overseas Pvt. Ltd. Vs DCIT (ITAT Delhi)

Geodis Overseas Pvt. Ltd. Vs DCIT (ITAT Delhi) We find, the AO, in the instant case, disallowed depreciation on goodwill on the ground that the assessee has not become the sole logistic service provider to IBM India, the value of workforce does not facilitate the smooth carrying on of the business of the assessee and […]...

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