I-T - In respect of proceedings u/s 220(6), condition of pre-depositing 20% of tax demand is imposed for grant of stay for remaining amount & not as condition for entertaining appeal u/s 246A: HC

I-T - Writ remedy cannot be availed where assessee has concurrently availed appellate remedy as well: HC

I-T - Rental income rightly treated as business income where assessee retains possession over rented property: HC

I-T- When reopening is based on wrong premise that assessee has not filed his return as per database of Department, such reopening is invalid as based on wrong facts: ITAT

I-T - For purpose of computing disallowance u/s 14A r.w. Rule 8D, disallowance shall not exceed dividend income : ITAT

2022-TIOL-223-CESTAT-BANG

MSPL Ltd Vs CCE & C

ST - Appellant availed 'own your wagon scheme' introduced by Indian Railways by purchasing and leasing out rakes of railway wagons under agreements to M/s. South Western Railway; the dry leaves of wagons was initially for a primary period of 10 years extendable to secondary period of up to 20 years - Revenue proposed demand of service tax on lease/rental charges received on lease of wagons under category 'Supply of Tangible Goods' as per Section 65(105)(zzzzj) of Finance Act, 1994 - Though the wagons are purchased and provided by appellants, effective control of wagons is with the Indian Railways - The lessor-appellant need not pay for standard maintenance; Indian Railways will be at liberty to make necessary modifications/changes on leased wagons and that Indian Railways are free to deploy the wagons as per their schedule and not necessarily only to the appellants - It is on record that appellant have paid relevant VAT for the impugned transaction along with penalty though in a belated manner, agreement entered by appellant with Railways cannot be deemed to be a not sale by any standard - As the VAT stands paid in view of the provision of Section 65B(44) of Finance Act, 1994, transaction of appellants constitutes a deemed sale and as such, the supply of wagons by appellants in impugned case will automatically go out of taxable service - Activity undertaken by appellant does not constitute a taxable service of "Supply of Tangible Goods" - Impugned order is set aside: CESTAT

- Appeals allowed: BANGALORE CESTAT

2022-TIOL-222-CESTAT-MUM

J & J Precision Industries Vs CCE

CX - The appeals are directed against impugned order wherein Commissioner has adjudicated a number of SCNs issued to various noticee as co noticee - Since the matter of other co-noticees is pending before original authority, in remand proceedings as per CESTAT order, these matters also need to be remanded back to same Commissioner for consideration along with the matters of other co-noticees - Matter remanded back to the original authority: CESTAT

- Matter remanded: MUMBAI CESTAT

2022-TIOL-221-CESTAT-MUM

Pradeep W Borde Vs CCE

Cus - Since the issue is in relation to importation/seizure from personal baggage, appeal against the order of Commissioner (Appeals) should lie before Revisionary Authority, appellant fairly agrees and submits that these appeals before this Tribunal are not maintainable, but have been filed in accordance with the directions contained in preamble to the order of Commissioner (Appeals) - Proviso to Section 129A(1) of Customs Act, 1962 states that appeal against an order passed by Commissioner (Appeals) which relates to any goods imported or exported as baggage, shall not lie to the Tribunal - These appeals are not maintainable before Tribunal: CESTAT

- Appeals dismissed: MUMBAI CESTAT