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2021 (12) TMI 1320 - ITAT AHMEDABAD Penalty u/s 271(1)(c) - assessee has furnished inaccurate particulars of income - inaccurate particulars of income v/s inaccurate claim - whether the assessee has furnished inaccurate particulars of income with respect to research and development activity carried out by it to the tune of 50% of the total claim? - HELD THAT:- The claim of the assessee at the most can be regarded as inaccurate claim which cannot be equated with the inaccurate particulars of income. It is for the reason that nothin... ... ...
2021 (8) TMI 231 - ITAT AHMEDABAD Expenses under the head research and development - deduction of such expenses under the provisions of section 37(1) OR u/s 35 - whether the assessee has incurred the impugned expenses wholly and exclusively for the purpose of the business as mandated under the provisions of section 37? - HELD THAT:- In the case on hand the assessee is harping upon that the expenses in question are genuine as admitted by the Revenue and therefore the same should be allowed as deduction. CIT (A) has given very cle... ... ...
2012 (7) TMI 697 - ITAT, AHMEDABAD Research & Development expenses as well depreciation claimed on the assets engaged in carrying out this work. - Section 35 - whether a company not in the manufacturing activity but only in the trading activity is entitled for claim of deduction u/s.35 of the I.T.Act. Section 35 is in respect of expenditure on scientific research and prescribed deduction to an eligible claim. - held that:- assessee changed the stand and contested for allowance as revenue expenditure - . This subtle change in the ... ... ...
2020 (1) TMI 1028 - ITAT AHMEDABAD Unexplained cash credit under section 68 - unsecured loan received by the assessee in the year under consideration from certain parties which was treated as unexplained cash credit u/s 68 - HELD THAT:- The provision of section 68 of the Act fastens the liability on the assessee to provide the identity of the lenders, establish the genuineness of the transactions and creditworthiness of the parties. These liabilities on the assessee were imposed to justify the cash credit entries under section 68... ... ...
1973 (4) TMI 114 - Supreme Court The Court upheld the validity of the 24th, 25th, and 29th Amendments, ruling that they did not abrogate fundamental rights or undermine the basic structure of the Constitution. The amendments were deemed valid as they did not exceed the amending power of Parliament and were within the constitutional framework.
2020 (9) TMI 1286 - ITAT BANGALORE Disallowances made on account of quality rejects, breakage leakage etc, expired inventory, stock of Genosys, stock difference in error - HELD THAT:- Breakage, Leakage etc - Assessee in order to establish breakage leakage etc had filed a chart showing the ratio of the law is on such breakage to sales during the relevant years which is negligible as compared to huge turnover of assessee. We therefore direct assessee to file identical details for year under consideration to establish the claim in v... ... ...
2015 (9) TMI 958 - ITAT CHENNAI Adjustment of brought forward losses before allowing deduction u/s 10A - Held that:- This Tribunal is of the considered opinion that in the absence of adjustment of brought forward losses while computing deduction u/s 10A in the draft assessment order forwarded to the assessee and in the direction of the DRP, the Assessing Officer cannot make such adjustment in the final assessment order which was passed consequent to the direction of the DRP. Under sec. 144C(13) of the Act, the Assessing Office... ... ...
2021 (2) TMI 568 - Supreme Court Seeking Petitioners to undertake a comprehensive and heightened judicial scrutiny regarding the permissibility of the Central Vista Project of the Government of India - challenge is premised on high principles of democratic values as applicable in India and not limited to mere infringement of statutory provisions of the governing enactments - nature of project-being of high political significance and eminence for our democratic republic; and for upholding the Rule of Law , which is on a higher p... ... ...
1970 (12) TMI 87 - Supreme Court The court held that the President lacks the power to abolish Rulership under Article 366(22). Article 291 guarantees privy purses as a legal right, and Article 362 imposes a duty to respect Rulers' guarantees. The jurisdictional bar under Article 363 was inapplicable, and petitions under Article 32 were deemed maintainable. The court declared the President's orders derecognizing Rulers as illegal, reinstating their rights and privileges, including privy purses. The Union of India was directed to continue payments and recognize the Rulership and privileges of the petitioners.
1981 (12) TMI 165 - Supreme Court The judgment emphasizes the court's constitutional obligation to interpret and enforce the Constitution, upholding the power to review administrative decisions regarding the judiciary. It affirms the justiciability of political questions while clarifying limitations. The decision supports the appointment and transfer processes of High Court Judges, stressing proper consultation and public interest. Additionally, it directs the Union Government to ensure an adequate number of Judges in High Courts to maintain judicial efficiency.
2023 (7) TMI 269 - CESTAT NEW DELHI Valuation of imported goods - safranal - redetermination/rejection of value - for subsequent imports of safranal the same was misdeclared as Aroma Chemical K -100 by way of affixing / getting affixed secondary sticker showing description of goods safranal - reduction of value in very short time - penalty - HELD THAT:- The Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 (hereinafter called as Valuation Rules) were framed as per the second proviso to sub-section 1 of secti... ... ...
2018 (1) TMI 438 - CESTAT CHENNAI Whether the appellant is entitled to the benefit of N/N. 29/2004 CE dated 7.4.2004 as amended from time to time for payment of additional duty of custom equivalent to excise duty under Section 3(1) of CTA, 1975 on the imported filament yarn falling under heading 5402.10 of CETA, 1985 and CTA 1975? Held that: - Tribunal in the case of SRF Polymers Ltd. [2017 (10) TMI 159 - CESTAT CHENNAI] had analysed the very same issue, has held that Additional duty of customs, also known as countervailing duty... ... ...
2017 (10) TMI 159 - CESTAT CHENNAI Additional Duty of Customs (ADC) - Import of Nylon Filament Yarn - N/N. 29/2004-CE dated 09.07.2004, as amended - Department took the view that the imported goods do not satisfy the conditionalities of the said notification and hence the concessional rate of duty would not be available to them - whether the goods imported by the appellants will fall under the beneficial impact of Central Excise exemption N/N. 29/04-CE, Sl.No. 5A for the purpose of discharging additional duty of customs (CVD)? He... ... ...
2017 (9) TMI 1901 - Supreme Court Levy of transit fee on Minerals - levy by three States, i.e., State of Uttar Pradesh, State of Uttarakhand and State of Madhya Pradesh - HELD THAT:- The High Court has rejected the submission of the writ Petitioners, holding that both 1927 Act and 1957 Act operate into different spheres. The High Court further held that Rule framed by the State Under Section 41 of the Act, 1927 i.e. Rule 5 of Rules, 2000 is valid. Various submissions of the writ Petitioners reiterated before us on the basis of A... ... ...
2024 (12) TMI 666 - CESTAT KOLKATA Recovery of cenvat credit with interest and penalty - manufacture of Excisable goods or not - applicability of section 11 D of the Central Excise Act, read with the provisions of rule 25 /or rule 27 of the Central Excise Rules 2002, read with section 11 AC of the Central Excise Act, 1944 - whether the appellant actually received the excisable goods from Koolmint at its factory on which credit was availed and whether they could be subjected to the provisions of section 11 AC read with rule 15 of ... ... ...
2013 (4) TMI 348 - Supreme Court Patent application rejected - Does the product for which the appellant claims patent qualify as a “new product” which comes by through an invention that has a feature that involves technical advance over the existing knowledge and that makes the invention “not obvious” to a person skilled in the art? - In case the appellant’s product satisfies the tests and thus qualifies as “invention” within the meaning of clauses (j) and (ja) of section 2(1), can its patentability still be questioned and deni... ... ...
2013 (2) TMI 589 - ANDHRA PRADESH HIGH COURT Taxability of indirect transfer of shares in an Indian company - India France DTAA - The shares of the Indian company were held by a French holding company (ShanH) with no other assets other than the shares in the Indian company. The Taxpayers (Merieux Alliance, France (MA) and Groupe Industriel Marcel Dassault (GIMD)) transferred the shares of ShanH to Sanofi Pasteur Holding (Sanofi), a French resident third-party buyer. The Taxpayers were companies resident in France. MA incorporated a wholly-... ... ...
2020 (11) TMI 549 - CESTAT KOLKATA Clandestine Removal - 13683.05 MT of MS Billets - cogent, positive and concrete evidence to prove the said allegation, present or not - unaccounted purchase of various raw materials - reliability of third party documents - HELD THAT:- It is found from the show cause notice, that the allegation itself was that in the specific question set out before him as to how he would disprove the facts of such clandestine clearance of their finished goods side by side their authorised clearance, whereas both... ... ...
2016 (10) TMI 676 - CESTAT NEW DELHI Denial of CENVAT credit - manufacture of motor vehicle chassis - availing various input services in or in relation to the manufacture of final products - whether the appellant eligible for credit of these input services? - Held that: - the decision taken in the appellant's own case M/s Eicher Motors Limited Versus CCE, Indore [2016 (8) TMI 7 - CESTAT NEW DELHI] have been relied where it was held that the denial of credit on these services is not justifiable. The Hon’ble Bombay High Court in M/s.... ... ...
2024 (3) TMI 1421 - CESTAT CHANDIGARH Valuation of imported goods - rejection of declared transaction value - enhancement of assessable value of the melting scrap imported by the appellant, based on NIDB data as well as based on contemporaneous import of identical goods and also based on the guidelines issued by the Directorate of Valuation - HELD THAT:- The appellant had accepted the enhanced duty and paid the same out of compulsion to clear their goods, but accepting the same, will not debar the appellant to challenge the same by ... ... ...
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