Aditya - Nischal judiciary-2

No Service Tax on Under Construction Flats if price includes land value

Suresh Kumar Bansal Vs UOI (Delhi High Court)

Reliance in this connection can be placed on the decision of Hon’ble Delhi High Court in case of Suresh Kumar Bansal vs UOI [W.P.(C) 2235/2011] wherein levy of Service Tax on the value of flats sold during construction stage has been held unconstitutional, if such value includes the value of Land....

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Whether assessee is entitled to avail Input Tax Credit on purchase of DEPB Scrips?

Jagriti Plastics Limited Vs Commissioner of Trade & Taxes (Delhi High Court)

Jagriti Plastics Limited vs Commissioner of Trade & Taxes (Delhi HIgh Court),- Hon’ble Court noted that the price of the goods sold by the appellant included the component of customs duty paid at the time of their import and such component is reduced to the extent of usage of DEPB scrips by the company. ...

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Excisability of Fly Ash generated during manufacturing

M/s Mettur Thermal Power Station Vs CCE (Madras High Court)

The petitioner was engaged in the generation of electricity by burning coal resulting in production of Fly Ash as by-product which has commercial value in the market and thus it can be said that Fly Ash is marketable. ...

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Whether the provisions limiting the period of condonation for delay in filing appeal ultra vires?

Heritage Auto (P.) Ltd.Vs. Union of India and others (Punjab & Haryana High Court)p

We are unable to discern any legal flaw in the proviso to Section 85(3) of the Act, that would enable us to hold that the proviso impedes the rights of the petitioner to file an appeal or is in any manner in excess of legislature power or should be read down....

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Does Tribunal have power to grant stay beyond period of 365 days prescribed in Act?

Pepsi Foods Pvt. Ltd Vs ACIT (Delhi High Court)

Reliance in this regard can be placed on the decision of Hon’ble Delhi High Court in case of Pepsi Foods Private Limited vs. ACIT [W.P.(C) 1334/2015] pronounced on 19-05-2015 wherein the petitioner has challenged the constitutional validity of Section 254(2A) of the Income Tax Act, 1961 (here-in-after referred to as ‘the Act’). ...

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Can SEZ unit claim exemption from CVD when cleared to DTA based on an Exemption Notification

Roxul Rockwool Insulation India Pvt Ltd Vs UOI (Gujrat High Court)

Can SEZ unit claim exemption from CVD when cleared to DTA based on an Exemption Notification issued under Section 5A of CEA’1944 although when there is specific bar under Section 5A for SEZ units?...

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Whether security provided by government from terrorists liable to SERVICE TAX?

Mcleod Russel (India) Ltd., Kolkata Vs Union of India & Anr. (Calcutta High Court)

Mcleod Russel (India) Limited having its registered office at 4, Mangoe Lane, Kolkata has tea plantations in the state of Assam and the area is highly volatile and acts of vandalism being carried out by terrorists....

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TP adjustment cannot be made on issue of shares at a price lower than ALP or FMV

Vodafone India Services Pvt. Ltd Vs UOI (Bombay High Court)

In the instant case, the assesse has issued shares to its holding company at premium (INR 8591) amounting to INR 246.38 crores. The said transaction was reported in Form 3CEB, although assesse claimed TP Provisions are not applicable on income arising on such transactions. ...

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Can High Court Interfere with discretion of Settlement Commission?

M/s. Vinay Wire & Poly Product Pvt. Ltd. And Anr Vs Director General Of Central Excise And 2 Ors. (High Court Allahabad)

Reliance in this regard can be placed on the decision of Hon’ble Allahabad High Court in case of M/s Vinay Wire and Poly Product Private Limited Vs. DGCEx [Writ Tax No. 283 of 2014] wherein the appellant has challenged the order of Hon’ble Settlement Commission passed u/s 32E of CEA, 1944....

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