1. KAPIL DEV VS. JCIT SPL. RANGE, ITA NO. 2259/DEL/2002 – ASSTT. YR: 1997-98, Date: 22.03.2012, ITAT – DELHI
No addition on protective basis in respect of income from alleged undisclosed sources on the basis of the credit entries supposedly in the name of the appellant found mentioned in the seized note books/ diaries of any other person. There cannot be a protective assessment on the basis of above assumptions and facts with a bald direction that if the addition is not made in the hands of person searched, the same should be added in the hands of the assesse.
The item arising out of the search proceedings of the third party cannot be considered in the normal assessment of the appellant and that the relevant material having been fretted out during search u/s 132 of the act such could only bear consideration u/s 158BD of the Act and not having been done so renders the addition ab initio illegal and void. The special provisions of the Act prescribe an assessment based on searched material itself and vests power in AO to initiate proceedings u/s 158BD read with sec. 158BC in the hands of other persons. Thus, the AO has to record satisfaction either to the effect that the seized material belonged to the searched person or the other person.
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2. Reid & Taylor (India) Ltd. Vs. Commissioner of Central Excise, Mysore (CESTAT Bangalore) Final Order No. 397/2011 and Misc. Order No. 305/2011, Dated: 20-06-2011 in Appeal No. ST/780/2009 and Cross Objection No. ST/CO/110/2010
Issue:
Department has issued SCN by invoking extended period on the ground that assesse has suppressed the fact or made mis-declaration as assesse has utilized CENVAT credit for the payment of Service tax on GTA Services.
Held:
In view of divergent decision taken by different tribunals, appeal fails on the ground of limitation alone and I am not going into merits since appeal can be rejected only on this ground. (Para 4)
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3. Bell Ceramics Ltd. Vs. Commissioner of Central Excise, Bangalore-I (CESTAT Bangalore) C.E.A. No. 114 of 2010, decided on 15-09-2011
Issue:
Whether Cenvat credit of Service tax paid on Rent-a-cab service and Outdoor Catering service to employees working in factory is allowable.
Held:
The substantial question of law framed in this appeal is answered in favour of the assessee and against the revenue.
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III. Tenders Info.:
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National Commission for Women
Filing of E-TDS Returns for the Financial Year 2012-13
New Delhi
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Rajasthan State Industrial Development & Investment Corporation Ltd.
Recasting of Accounts as per Revised Schedule VI of Co. Act 1956
Jaipur
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