Jurisprudentiol – Friday's cases

By Vijay Kumar

Legal Corner Icon — the image was hosted by the publisher and was not captured.TN Sales Tax

Sales Tax Exemption given by Tourism Department – Notification given by Government valid – Supreme Court

WHAT happens if an exemption notification for Sales Tax is given by the Tourism Department? It is still valid, as the notification was given by the Government, which includes the Sales Tax Department.

Central Excise

Clandestine Removal – Shortage and excess of raw material enough to conclude clearance without duty - High Court

THE inference drawn, based on shortage of clinkers and the excess quantity of limestone quarried during the relevant period was sufficient enough for the authorities to conclude as to the ultimate quantity of Portland cement which could have been produced from such excess quantity, which were not noted in the stock register, was well justified and no illegality or irregularity in such a conclusion drawn by the authorities for the levy of duty and the demand of duty imposed.

Income Tax

Sec 271(1)(c) - Whether non-acceptance of particulars by AO amounts to concealment of income inviting penalty? - NO, says Delhi High Court

THE issue before the High Court is - Whether assessee is free to change the method of accounting without any tangible reasons. The second question is - Whether non-acceptance of the particulars by the AO amounts to concealment of income for levy of penalty u/s 271(1)(c). And the verdict has gone in favour of the assessee.

See our columns Tomorrow for the judgements