Judgements and Orders, Supreme Court and High courts of India



Income tax - Sec 56 - assessee was a partner in a firm - Firm reconstituted after the death of one of the partners - assessee continued to be a partner in the new firm -

Posted in Income Tax |   1176 Views



Mere failure to pay duty and/or take out a licence which is not due to any fraud, collusion or willful misstatement or suppression of fact or contravention of any provision is not sufficient to attract the extended period of limitation -

Posted in Excise |   1638 Views


Judicial Indiscipline

  Arbind Aggarwal    01 February 2009 at 15:00

Swamiji in jail - His income cannot be treated as income of TRUST - amounts which have 'come in' are income - the amounts received by the writ petitioner constituted income since it was profits and gains arising out of his vocation, profession or bus

Posted in Income Tax |   1107 Views



Central Excise - Supplementary Invoice - No interest - Reliance placed on quashed High Court order - Revenue loses in High Court - The judgment of the Tribunal in the case of CCE , Aurangabad v. M/s Rucha Engineering Pvt. Ltd., 2006-TIOL-885-CESTAT-M

Posted in Excise |   1 comments |   5150 Views


Income Tax - set off of the loss

  Arbind Aggarwal    01 February 2009 at 15:00

Income Tax - set off of the loss suffered in any of the previous year in the block period against the income assessed in other previous years in the block period is not prohibited:

Posted in Income Tax |   1182 Views



Refund - Unjust enrichment - Issuance of credit note - Wrong valuation due to clerical error noticed after issue of invoice - Credit notes issued and refund claimed - Submission that full payment of sales made not received - Credit note issued only t

Posted in Excise |   4083 Views



Refund claim - Limitation - Protest payment, proof - Rejection on the ground that TR-6 challan under which amount claimed was deposited does not show that it was paid under protest and no protest letter was lodged with Department under Rule 233B of e

Posted in Excise |   3455 Views


Provisional Assessment - Interest

  Arbind Aggarwal    25 January 2009 at 01:16

Finalisation of Provisional assessment - LB decision in Cadbury [ 2008-TIOL-1986-CESTAT-MUM-LB ] helps Revenue get back refunds of 'interest' granted by the Assistant Commissioner relying on MSEB Pole Factory [ 2005-TIOL-1643-CESTAT-MUM ] decision -

Posted in Excise |   2567 Views



Refund - Excess payment of tax - Sales tax - Tax paid at 1% on gold - Rate of tax reduced retrospectively - Refund of excess paid tax rejected on the ground that notification barring refund of tax collected at higher rate - Excess tax must be refunde

Posted in Excise |   4623 Views


Refund - Unjust enrichment

  Arbind Aggarwal    25 January 2009 at 01:16

Refund - Cenvat/Modvat - Adjustment of credit - Credit amount cannot be adjusted against refund without issue of a show cause notice - Sections 11A and 11B of Central Excise Act, 1944. [para 8]

Posted in Excise |   4928 Views




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