Civil Law - Breach of Contract - Code of Civil Procedure 1908 - Section 96 - Appeal against money decree for balance price of machinery - Appellant purchaser issued purchase order Ex.A.3 for manufacturing a 1100-ton Hydraulic Valve Testing Press - Agreement included 30 percent advance and 60 percent payment after inspection - Supplier manufactured machinery and purchaser’s engineer conducted...
Writ Law - Jurisdiction and Taxation - Maharashtra Municipal Corporation Act 1949 - Sections 3 127 and 128A - Maharashtra Regional and Town Planning Act 1966 - Section 159A and Clause 7(1) of First Schedule - Dispute regarding levy of property tax by Navi Mumbai Municipal Corporation NMMC on industrial units within Trans Thane Creek TTC Industrial Area of Maharashtra Industrial Development Corpora...
Taxation Law - Jurisdiction and Manufacture - Central Excise Act 1944 - Sections 2(f), 35G and 35L - Appellant construction contractor importing Aluminum Composite Panels - ACPs - and cutting - routing - or grooving them for building cladding - Revenue issued show cause notice claiming activity amounts to manufacture - Order-in-Original confirmed demand which Commissioner - Appeals - upheld regard...
Customs Law — Classification of Goods — n-Hexane — Chapter 27 vs. Chapter 29 — Burden of Proof on Revenue — Revenue sought classification of imported n-Hexane under CTH 2710.00/CETH 2710.12 (Chapter 27) as a petroleum oil/motor spirit on the ground that its flash point was below 25°C and distillation range was 63–70°C — Respondent-Assessee claimed ...
Taxation — Inter-State Sale of Natural Gas — Constitutional Competence — VAT — CST Act — Reliance Industries Limited extracted natural gas from the KG-D6 basin off the coast of Andhra Pradesh under a Production Sharing Contract with the Government of India — Gas was delivered to buyers at Gadimoga, Andhra Pradesh, under Gas Sales and Purchase Agreements (GSPA), ...
Income Tax Act 1961 - Sections 147 and 148 - Reassessment - Reason to Believe - Tangible Material - Validity of reopening - Held - Reopening of assessment is conditional on the existence of a reason to believe that income has escaped assessment based on tangible material - The Assessing Officer cannot review an assessment or reopen it on a mere change of opinion - In the present case - the origina...
Taxation Law - Income Tax — Dividend Distribution Tax — India–UK DTAA — Refund of Excess DDT — Reference to Larger Bench — Assessee, an Indian company engaged in manufacture of foundry chemicals, distributed dividends to its UK-based parent shareholders and paid DDT under Section 115-O at 16.994% for Assessment Years 2014–15 to 2020–21 — Assess...
Income Tax – Section 263 – Revisionary Jurisdiction – Twin Conditions – No Enquiry vs. Inadequate Enquiry – Before the Commissioner can invoke revisionary jurisdiction under Section 263, twin conditions must be satisfied: (i) the assessment order must be erroneous, and (ii) as a consequence, prejudice must be caused to the interest of revenue — Where the AO had ...
Income Tax – Prosecution – Section 276CC – Quashing of Proceedings – Lack of Jurisdiction – Petitioner assessed under jurisdiction of ITO, Non Corporate Ward 17(1), Chennai – Show Cause Notice issued by ITO – Petitioner replied, paid tax with interest – Complaint under Section 276CC lodged by Assistant Commissioner of Income Tax (respondent) after ob...
Income Tax – Search and Seizure – Section 153C Proceedings – Agricultural Land – Capital Asset – Appeal Allowed – Appellant company's income for A.Y. 2007-08 reassessed by AO under Section 153C following search of a third party (Kamdhenu Group), on the basis of Partnership Deed, Dissolution Deed and miscellaneous papers found belonging to appellant – A...