“Whether Physician samples manufactured and distributed as free samples have to be assessed on the basis of cost of manufacture plus normal profits, if any, earned on the sale under Rule 6(b)(ii) of the Central Excise Valuation Rules, 1975 (for short..
A short question which arises for determination in this batch of cases is – whether interest under Section 234B can be charged on the tax calculated on book profits under Section 115JA? In other words, whether advance tax was at all payable on book p..
Concluded Proceeding - Section 154 of Income Tax Act, 1961- Whether Settlement Commission could reopen its concluded proceedings by invoking Section 154 of Act so as to levy interest under Section 234B, though it was not so done in original proceedin..
The issue involved in this batch of civil appeals, by special leave, filed by the Department relates to the question whether MAT credit admissible in terms of Section 115JAA has to be set off against the tax payable (assessed tax) before calculating ..
Shorn of unnecessary details, the facts material for the adjudication of the present appeal may be stated as under: The respondent (hereinafter referred to as “the assessee”), a small scale industrial unit (for short “SSI”), is engaged in the manufac..
The brief facts which give rise to the aforesaid issue are that the Respondent imported Crude Palm Stearin through Kakinada Port and filed Bills of Entry declaring the goods as industrial grade Crude Palm Stearin falling under Ch. Sub Heading No. 15 ..
The material facts are that the respondentassessee, M/s. Pepsi Foods Ltd. is engaged, inter alia, in the manufacture of edibles, marketed under the names of Potato Chips, Baked Cheetos Balls, Monster Munch, etc. These are covered under Chapter Sub-He..
This appeal is by the Revenue against the Order passed by the Customs, Excise and Gold (Control) Appellate Tribunal, West Zonal Branch at Mumbai [hereinafter referred to as ‘Tribunal’] in Appeal No.C/138/03 Mum dated 23.06.2003. By the impugned order..
Appellants filed writ petition before the High Court for quashing the aforesaid order dated 24th April, 2001 of the appropriate authority rejecting their show cause and deciding to file criminal complaint. However, since the prosecution had already b..
The necessary facts, in brief are, that the show cause notice dated 15.2.1999 was issued to the assessee alleging that it had wrongly taken credit to the extent of ` 5,37,799 under Rule 57A of the Rules, during August 1998. The notice also called upo..
The short question which arises for determination in this Civil Appeal filed by the Assessee under Section 35L(b) of the Central Excise Act, 1944 is whether “Vitamin A Acetate Crude” and “Vitamin A Palmitate” (hereinafter referred to as the product i..
Imposition of service tax- Whether entire power of taxation in respect of hire-purchase transactions is now vested only in the States under Entry54 of List II and that the Parliament has no power at all including the power to levy a service tax? ..
Exemption - Application of Rule 41 of West Bengal Sales Tax Rules, 1995, Rule 3(116) of Bengal Finance (Sales Tax) Act, 1941 and Section 31 of the Act, 1994 - (i) Whether the Assessee was entitled to get the tax exemption under Rule 3(116) of Bengal ..
Revisionary power of Commissioner under Section 74A of the DVAT Act 2004- whether after the repeal of the DST Act a suo motu power of revision under Section 74A of the DVAT Act can be initiated. ..
The appellants are engaged in the trading of High Technology reproduction and Duplicating machines, printers and Multi-Functional Machines capable of discharging number of functions. During the period March, September and November, 1999, the appellan..
Depreciation- Applicability of Section 32(1)(ii) of the Income Tax Act, 1961- Whether Tribunal erred in allowing the depreciation on BSE Membership card to the Assessee ..
The question that falls for consideration in these appeals is whether a manufacturer of a specified final product falling under the schedule of the Central Excise Tariff Act, 1985 (in short “the Tariff Act”) is eligible to get the benefit of exemptio..
Sections 154, 234 B Of Income Tax Act, 1961 - If Section 234B applies to proceedings of Settlement Commission under Chapter XIX-A of Act; what is the terminal point for levy of such interest..
Computation of Total Income - Levy of Interest - Sections 154, 234A, 234B and 234C and Chapter XIX-A of the Income Tax Act, 1961 - Settlement Commission invoked Section 154 of Act and Settlement Commission waived/reduced interest chargeable under Sec..
Application filed by the revenue against the order of Tribunal on depreciation on BSE Membership card- whether depreciation allowed to the Assessee be rectified being legal mistake? ..
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