Jurisprudentiol – Friday's cases

By Vijay Kumar

Legal Corner Icon — the image was hosted by the publisher and was not captured.Customs

Appeal - Pre-deposit - Bank realisation certificates found to be forged - No reason to interfere with Tribunal's order of pre-deposit of Rs. One Crore: HC

NO case has been made out for the grant of a complete waiver of the requirement of predeposit. Prima facie, at this stage, it does emerge that the Bank realization certificates on the basis of which the DEPB benefit has been claimed were found to be forged in large measure. The Tribunal has furnished adequate reasons in support of the order of predeposit. No case was made out to completely waive the requirement of predeposit.

Income Tax

Whether when project also has commercial shops, it is entitled to Sec 80IB(10) benefits if it was commenced prior to amendment in Sec 80IB from April 1, 2005 - Yes, rules ITAT

AO denied deduction claimed u/s. 80 IB(10) on the basis that section 80IB was not applicable to a project which contained shop/commercial establishment and it did not remain a ‘Housing Project' - the assessee had constructed 66 shops being commercial premises included in the project admeasuring 9404 sq. ft. which was as per the assessee was about 11.88% but as per AO about 12.41%.

Service Tax

Security Service - No provision in Law to exclude statutory liabilities like PF and ESI - Penalty reduced: CESTAT

SO far as the valuation aspect is concerned, whether the statutory dues which form part of gross value of the service shall be included or excluded is not a prescription of law. But the consideration that shall contribute to render the services shall essentially form part of the gross value of the taxable service.

See our columns Tomorrow for the judgements