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ITA No.2493/Bang/2019 Page 2 of 6

2. We heard the parties and perused the record. During the year under consideration, the assessee sold a residential house property for a sum of Rs.12.75 crores on 06-11-2015. She purchased another residential house property on 17-02-2016 for Rs.11.02 crores. The new house property was purchased in the joint name of the assessee and her son Shri Kurada Sagar Chakravarthy. The assessee claimed deduction of Rs.8.47 crores u/s 54 of the Act towards the cost of new residential house property against the long term capital gain arising on sale of original house property. Since the new residential house property has been purchased in the name of assessee and her son, the AO restricted the deduction u/s 54 of the Act to 50%, i.e., he allowed deduction to the extent of Rs.4.23 crores only. The Ld CIT(A) also confirmed the same and hence the assessee has filed this appeal.

2. Heard the learned counsel for the petitioner and the learned Senior Government Pleader.

WP(C).8416/19 4

3. The singular contention urged by the learned counsel for the petitioner is that the first respondent had committed a fundamental error in adopting the revised assessed tax of the year 2007-08 as the basis for revising the assessment and refixing the compounded tax liability for the years 2008-09, 2009-10 and 2010-11. In support of this contention, attention is drawn to Section 7(b) of the KGST Act and reliance is placed on the decisions in Sicilia Hotel Pvt. Ltd (Supra), and Kalyan Tourist Home v. State of Kerala (2017 (2) KLT 761).

4. Opposing the contentions, the learned Government Pleader would submit that, the power for revising the assessment after payment of compounded tax under Section 7(b) cannot be limited to be based only on the tax payable as conceded in the return or accounts or the turnover tax paid for any of the previous consecutive three years. It is contended that there is no inhibition in Section 7 that revision of assessment cannot be on the basis of assessed tax. It is submitted that this position has been succinctly laid down by the Division Bench in Kalika Hotel and Bar, Amballur(M/s) v. State of Kerala (2012 (3) KHC 85) and The Commercial Tax Officer v. M/s Hotel Breezeland Ltd. (2019 (2) KLT 432).

Income Tax Appeal Nos. 135/2019 & 146/2019 are filed challenging a common order passed by the Income Tax Appellate Tribunal, Cochin Bench in ITA Nos.536/Coch/2018 and 537/Coch/2018, dated 12-03-2019. Income Tax Appeal No.313/2019 is filed against the revised order passed by the same Tribunal ITA No.537/Coch/2018, dated 11-10-2019. The assessee was the appellant before the Tribunal, who is the appellant herein. The revenue is the respondent.

2. Appellant is a company registered under the Companies Act, engaged in wholesale and retail trade of beaverages within the State of Kerala, and is a 'State Government Undertaking' falling within the 'Explanation' provided under Section 40 (a) (iib) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act' for short). With respect to I.T. Appeal Nos. 135, 146 & 313/2019 -5- the assessment year 2014-2015, the Deputy Commissioner of Income Tax, Circle-2 (1), Thiruvananthapuram finalized the assessment of income tax against the appellant, under Section 143 (3) of the Act, through the order of assessment dated 14- 12-2016. But, the Principal Commissioner of Income Tax, Thiruvananthapuram initiated proceedings under Section 263 of the Act and set aside the order of assessment, on holding that the same is erroneous and is prejudicial to the interest of the revenue, to the extent it failed to disallow the debits made in the Profit and Loss Account of the assessee with respect to the amount of surcharge on sales tax and turn over tax paid to the State Government, which ought to have been disallowed under Section 40 (a) (iib) of the Act. Against order of the Principal Commissioner of Income Tax, issued under Section 263 of the Act, dated 25-09-2018, the appellant approached the Tribunal in ITA No.536/Coch/2018.

“ कि यह सभा 05 दिसंबर, 2019 को सभा में प्रस्तुत कार्य मंत्रणा समिति के ग्यारहवें प्रतिवेदन से सहमत है ।” माननीय अध्यक्ष : प्रश्न यह है :

“ कि सभा 05 दिसंबर, 2019 को सभा में प्रस्तुत कार्य मंत्रणा समिति के ग्यारहवें प्रतिवेदन से सहमत है । ” प्रस्ताव स्वीकृत हुआ ।

SHRIMATI ANUPRIYA PATEL (MIRZAPUR): I beg to present the following Reports (Hindi and English versions) of the Standing Committee on Energy (2019-20) :-

(i)                 1st Report on Demands for Grants relating to the Ministry of New and Renewable Energy for the year 2019-20.

(ii)               2nd Report on Demands for Grants relating to the Ministry of Power for the year 2019-20.

The dispute in this appeal relates to valuation under the Customs Act, 1962 of import of certain items made by the respondent Steel Authority of India Ltd. (SAIL) under two contracts, bearing nos. PUR/PC/MOD/08.01/Pt.II dated 31.10.1989 and PUR/PC/MOD/08.01/Pt-I dated 29th March 1990. These imports were made in connection with modernisation, expansion and modification 1 for their plant at Durgapur in West Bengal. For this purpose, SAIL had floated seven Global Tender Contract Packages. The two contracts were part of these Tender Contract Packages. They were registered with the customs authorities for the purpose of project import benefits in terms of the 1962 Act. The first contract involved in this appeal was with a consortium consisting of a German Company, Hoestemberghe & Kluisch, GMBH and H & K Rolling Mills Engineering Private Limited, an Indian Corporate entity. The second contract was also with a German Company, Siempelkamp Pressen Systeme and the Indian entity was Escon Consultants Private Ltd, with whom the consortium was formed. Both these contracts were in connection with modernisation of SAIL’s rolling mills at the aforesaid plant.

1. Leave granted.

2. This appeal arises out of the final judgment and order dated 14.12.2018 passed by the High Court1 in Writ Petition (Civil) No.2730 of 2018 preferred by the appellant herein.

3. The facts leading to the filing of this appeal, in brief, are as under:-

1

High Court of Delhi at New Delhi CIVIL APPEAL NO. 2377 OF 2020 (@ SLP (C) NO.1169 OF 2019) VODAFONE IDEA LTD (EARLIER KNOWN AS VODAFONE MOBILE SERVICES LIMITED) VS. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 26 (2) & ANR.) 2 A] The appellant-Vodafone Idea Ltd. (earlier known as Vodafone Mobile Services Ltd or VMSL for short) is engaged in providing telecommunication services in different circles.

1. Special leave granted. The parties were heard, with consent of their counsel.

2. These appeals are directed against a common judgment in LPA No. 1200/2013 (in CWJC No. 3640/2013), LPA No. 1170/2013 (in CWJC No. 3740/2013), LPA No. Signature Not Verified 1174/2013 (in CWJC No. 4265/2013) and LPA No. 1352/2013 in CWJC No. 3640/2013) of the Patna High Court, dated 24.06.2015. Digitally signed by DEEPAK SINGH Date: 2020.05.06

3. One set of appeals (arising from SLP(C) Nos. 23202-23204/2015) has 16:03:11 IST Reason:

been preferred by the Bihar Staff Selection Commission (hereafter “BSSC”) and 2 the other set (referred to as “the aggrieved party appellants”) by several aggrieved parties, who were appellants before the Division Bench of the High Court, in four intra-court appeals, which had questioned the judgment and order of a learned single judge. The single judge set aside the results of the main examination, with consequential directions to the BSSC to prepare fresh results of the Graduate Level Combined Examination-2010, in accordance with the directions of the Court in relation to deletion/modification of questions and answers as stipulated in the judgment. The aggrieved party appellants were not party to the writ proceedings, but had been declared selected in terms of the results first published, and subsequently were shown as not qualified under the revised results pursuant to the directions of the Court by the learned single judge. Three appeals to the Division Bench were by candidates who were writ petitioners and had impugned the judgment of the single judge in not granting them full relief in respect of all questions that were challenged. These parties were not selected in the final results declared.

1. Leave granted.

2. The moot question in this appeal emanating from the judgment and order dated 19.11.2018 in Writ Petition No. 39418/2018 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh1 is: whether the High Court in exercise of its writ jurisdiction under Article 226 of the Constitution of India ought Signature Not Verified Digitally signed by to entertain a challenge to the assessment order on the sole DEEPAK SINGH Date: 2020.05.06 16:03:16 IST Reason:

1 For short, “the High Court” 2 ground that the statutory remedy of appeal against that order stood foreclosed by the law of limitation?

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2. We have heard the learned Advocates appearing for parties and formulated following substantial questions of law on 26.02.2020, which reads:

"(i) Whether under Rule 5 of CENVAT Credit Rules, 2004 prior to and from 01.04.2012 appellant would be entitled to seek refund without reference to the limitation? Or

(ii) Whether the time prescribed under Section 11B of the Central Excise Act, 1944 would be applicable for claiming refund of CENVAT Credit?"

6

CEA No.35/2018 came to be admitted on 23.07.2019 to consider the substantial questions of law indicated thereunder.

2. The petitioners herein are the agent of M/s.Cochin Air Cargo Customs Clearing Agent (Shipping clearing and Freight Forwarding Agent) is licensed Customs Brokerage Company Lic No.1/2012, having office near at International Airport, Shanmugam, Trivandram, Kerala.

3. During the course of the business, the petitioners' concern got an order for shipment of “Air inlet automobile spare parts” from a new customer named 'Swiss Global' having office at New Delhi and after receiving KYC form, GST No., certificate of import export code, proprietor PAN and Aadhar card, accepted the shipment through Tiruchirappalli Airport. After getting shipment bills number from the exporter, the petitioners received the goods at Trichy Airport and the same has been sent for customs clearance on 09.06.2019. but, the second respondent did not give customs clearance due to non availability of E-way bill. After getting E-way bill from the exporter, the petitioners sent the same to the second respondent. But the second respondent detained the goods on 10.06.2019.

2. I had the benefit of hearing Mr.J.Barathan, learned counsel appearing for the petitioner and Mr.T.S.Mohamed Mohideen, learned Standing Counsel, who took notice on behalf of the respondents, namely, the Commissioner, Madurai City Municipal Corporation and the Assistant Commissioner (Zone 2), Madurai City Municipal Corporation. 2/6 http://www.judis.nic.in W.P.(MD)No.6070 of 2020

3. The petitioner in his affidavit had stated that the property bearing plot No.131, East Fifth Street, K.K.Nagar, Madurai Town, originally belonged to his mother, and later devolved to the petitioner. The assessment was also transferred in his name in the revenue records. He claims to have paid the property tax, water tax, drainage maintenance charges up to second half year of 2017-2018. The petitioner was employed in Alagappa University and owing to that, had let out the property on rent and the tenant had put the property to commercial use. This was during the period 2015–2017. It has been informed by the learned counsel appearing for the petitioner that originally the property was assessed to pay at around Rs.3,000/- per half year. Subsequently, the impugned order came to be passed and in the same time, the rental value per square feet at Rs.9/- had been fixed and a demand has been raised for a sum of Rs.47,580/- which has been claimed to be the property tax assessed per half year. The learned counsel claims that this is highly un-reasonable and also complains that necessary opportunity had not been granted to him prior to re-assessment of the property tax. 3/6 http://www.judis.nic.in W.P.(MD)No.6070 of 2020

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