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Registration of the application under Section 12AA of the Income Tax Act in the case of the assessee shall take effect from 24.08.2003 i.e. post 6 months from the date of application for registration.
Supreme Court held In the case of Prakash & Ors vs. Phulavati & Ors that the text of the amendment itself clearly provides that the right conferred on a ‘daughter of a coparcener’ is ‘on and from the commencement of Hindu Succession (Amendment) Act, 2005’.
The court also agreed with the view of Delhi HC in CIT vs Dalmia Cement Ltd [ 2002 (254) ITR 377], wherein the court held that once it is established that there is nexus between expenditure and purpose of business (which need not be necessarily be the business of the assessee itself), the Revenue cannot proceed to disallow the claim.
The Hon’ble Supreme Court held that in terms of Section 14(1) of the Customs Act as was prevalent during the relevant period, the value of the goods which are imported was to be fixed at the price on which such or like goods are ordinarily sold or offered for sale.
Hon’ble Supreme Court after considering every aspect of the issue examined by the Tribunal has observed that the price of motorcycle manufactured by the Respondent were market driven and the Respondent did not follow cost of production plus reasonable profit pricing policy.
Supreme Court held that the demurrage charges are paid after the goods reached at Indian ports and therefore, it is post-importation event and cannot form part of transaction value. Thus, the Respondent isn’t liable to pay Customs duty on these demurrage charges.
Supreme Court held In the case of ACIT vs. M/s. Micro Labs Ltd. that – As per first thought of opinion, Section 80-IA (9) is quite unambiguous, which clearly provides that if an assessee claims any deduction under the provisions of Section 80-IA
In the Case of M/s GMR Energy Ltd vs. Commissioner of Customs, Bangalore, Hon’ble Supreme Court while dealing with the appeal of the assessee and of the revenue held that Rules 4 and 9 of the Custom Valuation Rules, 1988 would only apply in case imported goods are sold for export to India.
In the case of Commissioner of Central Excise, Pune V/s. Hindustan National Glass and Industries Limited, it was held that the onus is on the revenue to establish that there has been depression of assessable value and that being the thrust of the matter, liberty is granted to the revenue to produce the documents in this regard to discharge the onus.
Supreme Court held In the case of M/s Ganapathy & Co. vs. CIT that in the current case, each relevant fact considered by the High Court to answer the questions referred to it on the claim(s) of deduction raised by the assessee are acknowledged, admitted and undisputed facts.
