Erroneous - Year 2016 - Judgments

May 03 2016 (HC)

Mangali Impex Ltd. and Others Vs. Union of India and Others

Court: Delhi

Decided on: May-03-2016

..... interest payable has not been paid or part paid or erroneously refunded it is only a proper officer who can exercise ..... for demanding customs duty not levied or short levied or erroneously refunded in respect of goods imported are valid irrespective of ..... about the subject matter namely non levy short levy or erroneous refund according to him for determining which officer is competent .....

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Mar 04 2016 (HC)

Cit, Central – I, Kolkata Vs. Binani Cement Ltd.

Court: Kolkata

Decided on: Mar-04-2016

..... application of law will satisfy the requirement of the order being erroneous in the same category fall orders passed without applying the ..... makes a certain assessment the same cannot be branded as erroneous by the commissioner simply because according to him the order ..... power of suo motu revision cannot be exercised any and every erroneous order cannot be the subject matter of revision because the .....

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Jan 21 2016 (HC)

The Commissioner of Income-Tax Vs. M/S Saravana Developers

Court: Karnataka

Decided on: Jan-21-2016

..... is that the order under revision should not only be erroneous but such erroneous order should result in prejudice to the interest of ..... the work in progress accepted by the assessing officer is erroneous and prejudicial to the interest of the revenue yet another ..... application of law will satisfy the requirement of the order being erroneous in the same category fall orders passed without applying the .....

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Mar 29 2016 (HC)

Commissioner of Income Tax-Iii Vs. M/S Subhash Kabini Power Corporatio ...

Court: Karnataka

Decided on: Mar-29-2016

..... the order under revision should not only 11 be erroneous but such erroneous order should result in prejudice to the interest of ..... consequential prejudice caused to the revenue because of the 12 erroneous order unless these two conditions exist the revisional authority does ..... should be only after setting out the facts which show erroneous nature of the order and the consequential prejudice to the .....

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Jan 29 2016 (HC)

Ms Prem Builders Vs. Union of India Through the Deputy Chief Engineer ...

Court: Jharkhand

Decided on: Jan-29-2016

..... it might not always be capable of exposition between a mere erroneous decision and a decision which could be characterised as vitiated by ..... it might not always be capable of exposition between a mere erroneous decision and a decision which could be characterised as vitiated by ..... review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected but lies only for patent .....

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May 13 2016 (HC)

Rajmandir Estates Private Limited. Vs. Principal Commissioner of Incom ...

Court: Kolkata

Decided on: May-13-2016

..... cannot remand the matter to the assessing officer to decide whether the findings recorded are erroneous in cases where there is inadequate enquiry but not lack of enquiry again the commissioner ..... record per se justified and mandated further enquiry or investigation but the assessing officer had erroneously not undertaken the same however the said finding must be clear unambiguous and not debatable .....

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Jul 26 2016 (HC)

Commissioner of Income Tax (Central)i, Kolkata Vs. Mohanlal Agarwal

Court: Kolkata

Decided on: Jul-26-2016

..... to escapement of income and tax it is apparent that the erroneous assessment order is prejudicial to the interest of revenue these ..... view taken by the assessing officer could not be criticised as erroneous because the view of the assessing officer had the support ..... officer would not make the order passed by the assessing officer erroneous nor shall the same become prejudicial for that reason mr .....

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Jan 21 2016 (HC)

The Commissioner of Income-tax and Another Vs. M/s. Saravana Developer ...

Court: Karnataka

Decided on: Jan-21-2016

..... is that the order under revision should not only be erroneous but such erroneous order should result in prejudice to the interest of ..... the work in progress accepted by the assessing officer is erroneous and prejudicial to the interest of the revenue yet another ..... application of law will satisfy the requirement of the order being erroneous in the same category fall orders passed without applying the .....

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Sep 01 2016 (HC)

Ebiz.Com Pvt. Ltd. Vs. Union of India and Others

Court: Delhi

Decided on: Sep-01-2016

..... or paid or has been short levied or short paid or erroneously refunded the central excise officer may within eighteen months from the ..... not levied or paid or short levied or short paid or erroneously refunded for the subsequent period on the person chargeable to service ..... may determine the amount of short payment of service tax or erroneously refunded service tax if any which in his opinion has not .....

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Jan 22 2016 (HC)

Somari Kamin Vs. The Chairman Cum Managing Director C C L and Ors

Court: Jharkhand

Decided on: Jan-22-2016

..... even though the order passed by this court may be erroneous as per applicant original petitioner otherwise finality will never be ..... it might not always be capable of exposition between a mere erroneous decision and a decision which could be characterised as vitiated ..... might not always be capable of exposition between a mere erroneous decision and a decision which could be characterised as vitiated .....

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