I-T- Case can be remanded as neither AO nor CIT(A) has examined facts regarding amount of interest received from members as well as interest received from other then members :ITAT

I-T- Although principle of Res Judicata does not apply to Income Tax matters, Revenue cannot randomly attribute certain income under a different head, where it has accepted head of income as declared by assessee, in preceding AYs : ITAT

I-T- No addition u/s 68 needs to be made as entries pertaining to cash sales and corresponding bank accounts have been duly reflected in books of accounts : ITAT

I-T - Merely because vehicle is registered in name of partner, is no basis to deny depreciation on said vehicle to partnership firm: ITAT

I-T- Assessee has made justified claim of bad and doubtful debts and same should be allowed as an expenditure : ITAT

I-T- Addition u/s 68 can not stand when burden of proving genuineness of transactions and creditworthiness of parties stood discharged : ITAT

I-T- FMV @ Rs. 150 per sq. yard, is justifiable and there is no illegality in deleting addition of Rs. 5,21,73,922 and reducing capital gain : ITAT

I-T- Printers, scanners, server, formed, integral part of computer, and is eligible for deduction of depreciation, @ 60% : ITAT

Cus - External Hard Disc Drives is classifiable under CTH 84717020 and is eligible for concessional rate of CVD as per Notfn 12/2012: CESTAT

ST - Original SCN was issued demanding service tax under category of clearing and forwarding agent service, Commissioner (A) dropped the demand under ocean freight but wrongly confirmed demand under steamer agent services which is not permissible in law : CESTAT

ST - The collection of toll by appellant would not be considered as Business Auxiliary Service provided to NHAI as they are not rendering any service which is incidental or auxiliary on behalf of NHAI and NHAI is not undertaking any business activity: CESTAT

2023-TIOL-835-CESTAT-MAD

CC Vs Neotric Informatique Ltd

Cus - Assessee imported 'External Hard Disc Drives' under cover of Bills of Entry and claimed the benefit of Notfn 12/2012- CE by classifying the goods under CTH 84717020 - Based on reference from DRI, Mumbai, Bills of Entry were assessed on merits by classifying the goods under CTH 84717030 and denying the benefit of notification - The issue is with regard to classification of hard disc drives and eligibility of Notfn 12/2012-CE - It can be seen from Notification that hard disc drive would be eligible for benefit of exemption - It is not stated whether said hard disc are to be removable or exchangeable - Further, in column 2 the tariff heading is shown upto six digits only and does not specify upto eight digits - The Tribunal in case of Supertron Electronics P. Ltd. = 2017-TIOL-125-CESTAT-DEL had considered the very same issue and held that external hard disc drive is classifiable under CTH 84717020 and is eligible for concessional rate CV duty as per the Notification - The said decision of Tribunal was affirmed by Apex Court - Impugned order does not call for any interference: CESTAT

- Appeal dismissed: CHENNAI CESTAT

2023-TIOL-834-CESTAT-CHD

Ial India Ltd Vs CCE

ST - Appeal filed against impugned order whereby Commissioner (A) has confirmed demand under 'Steamer Agent Service' without quantifying the same - Original SCN was issued demanding service tax under category of clearing and forwarding agent service and the original authority has also confirmed the demand under category of clearing and forwarding services - The Commissioner (A) in impugned order dropped the demand under ocean freight but wrongly confirmed the demand relating to terminal handling charges and bill of lading under steamer agent services which is not permissible in law - In judgment of Supreme Court in case of Toyo Engineering India Ltd. = 2006-TIOL-111-SC-CUS and Warner Hindustan Ltd. = 2002-TIOL-480-SC-CX , it has been held by Apex Court that Department cannot travel beyond the SCN - By following the ratio of said decisions, it is observed that impugned order confirming demand under 'Steamer Agent Services' is not sustainable in law and same is set aside on this ground alone without further going into other issues and limitation - Accordingly, impugned order is set aside: CESTAT

- Appeal allowed: CHANDIGARH CESTAT

2023-TIOL-833-CESTAT-CHD

PNC Infratech Ltd Vs CCE

ST - The appellant has entered into a Short-Term Improvement and Routine Maintenance Contract with National Highway Authority of India (NHAI) - NHAI is authorised to impose and collect user fee for use of highways under National Highways Fee (Determination of Rates and Collection) Rules, 2008 read with Section 7 of National Highways Act, 1956 read with Section 16(2)(k) of National Highways Authority of India Act, 1988 - NHAI invited bids from contractors for 'short term improvement and maintenance contracts' for various sections of National Highways for specified period by issuing tenders for the same - Appellant submitted its proposals in response to tenders, which were accepted by NHAI, and appellant was given right to undertake various jobs like road maintenance, road property management, incident management engineering improvements and toll operations on a monthly amount - The only issue involved is, whether demand of service tax under category of 'Business Auxiliary Service' is sustainable and whether tolling operations undertaken by appellant are covered by Business Auxiliary Service - This issue has been considered by various benches of Tribunal and in appellant's own case for earlier period wherein it has been held that the collection of toll by appellant would not be considered as Business Auxiliary Service provided to NHAI as they are not rendering any service which is incidental or auxiliary on behalf of NHAI and the NHAI is not undertaking any business activity - This issue is no more res-integra as held by various benches of Tribunal - Impugned order is not sustainable in law and hence same is set-aside: CESTAT

- Appeal allowed: CHANDIGARH CESTAT