Indian Top Tax Stories

Top Tax Stories

Income Tax
Indirect Tax

6/28/2022 Udupi Nirmithi Kendra Vs ACIT
ITAT: Provision of Article 289 is not applicable as the Trust did not fall under Article 12 of the Constitution since it has a separate legal entity distinct from the state.

6/28/2022 Tube Investments of India Ltd Vs Commissioner of Income Tax
HC: Without any substantive material, assessee cannot be construed as owner of the WTGs. Payment made by it to Wescare can be treated only as a consumption charge for electricity supplied to them, for business purpose.

6/28/2022 Hemera India Pvt. Ltd Vs DCIT
ITAT: Consultancy charges paid for introduction of client located and engaged in the business in India was in the nature of FTS, making assessee liable to withholding tax.

6/28/2022 BIOCON LTD Vs The Joint Commissioner of Income-tax
ITAT: All the primary facts in connection with the deduction claimed by the Assessee were called for in the original assessment on perusal of which, the deduction was granted.

6/28/2022 Virbac Animal Health India P. Ltd Vs Assistant Commissioner of Income-tax-3(3)(1)
HC: It is a case where the assessment was sought to be reopened on account of change of opinion, which is not permissible in terms of proviso to Section 147.

6/28/2022 Omega Investments and Properties Ltd Vs The Commissioner of Income Tax-3
HC: Revenue’s appeal before ITAT needs to be restored and considered on its own merits in light of observations made in this order and after considering the documents/orders sought to be placed on record through the rectification application.

6/28/2022 RBL Hotels Private Limited Vs ACIT
ITAT: It could not be said that the business was not set-up since the assessee had procured the land and partially constructed building during the year which was a vital step to commence the business activities for assessee.

6/28/2022 Dwarka Portfolio Pvt. Ltd Vs Assistant Commissioner of Income Tax
ITAT: Whether corporate death of an entity on amalgamation invalidates a tax assessment order ordinarily cannot be determined on a bare application of Section 481 and will depend on facts of each case.

6/28/2022 A.Latha Vs The Deputy Commissioner of Income Tax
HC: The issue raised in the petition is that on assessee’s appeal before the ITAT against the CIT(A)’s order, the CIT(A)’s order was set aside, and thus the very foundation of the prosecution against the assessee for alleged wilful default and penalty fails.

6/28/2022 Mahalingam Vs The ACIT
ITAT: Issue of reopening was not decided by the CIT(A) and never raised by the assessee before the ITAT, and thus the same cannot be decided by the ITAT presently under any provisions.

6/28/2022 Flipkart Internet Private Limited Vs THE DEPUTY COMMISSIONER OF INCOME TAX
HC: Finding under Section 195 is tentative and even if Revenue orders that no deduction of tax be made, the question of taxability of recipient still remains to be decided.

6/25/2022 Harish N. Salve Vs ACIT
ITAT: In the professional field there are innovative ways visualized by the professional to make themselves visible and to build their own professional profile for generating higher and value added business, and such scholarships created is visibility in international arena and his social standing.

6/25/2022 Vishan Swaroop Gupta Vs I.T.O.
ITAT: A bank pass book or bank statement cannot be considered to be a 'book' maintained by the assessee for any previous year for the purpose of Section 68.

6/25/2022 Janodaya Trust Vs ACIT
ITAT: Mere generation of surplus cannot be a reason to deny exemption u/s 11.

6/25/2022 Mahindra Lifespace Developers Ltd Vs Dy.CIT
ITAT: Discount on issue of ESOP was allowable as deduction u/s.37(1) of the Act as primary object was not to vest capital but to earn profits by securing consistent services of employees.

6/25/2022 Air Vision Technologies Vs Income Tax Officer
ITAT: Unless a specific exception is provided in the circular w.r.t. penalty also, it could by no means be construed that penalty was to be treated at par with the quantum additions.

6/25/2022 Koduvayur Service Co-operative Bank Ltd. Vs Income Tax Officer
ITAT: Extending credit to non-members, could not debar PACS from availing deduction u/s 80P.

6/25/2022 Ishika Foods (P) Ltd. Vs The Income-tax Officer
ITAT: The additional evidences filed by assessee in respect of unsecured loan were necessary to adjudicate the grounds of appeal as also on the principle of natural justice.

6/25/2022 Inscribe Graphics Ltd. Vs The Assistant Commissioner of Income Tax
ITAT: Sufficient cause under the Limitations Act should be construed liberally to advance substantial justice.

6/25/2022 Nabors Drilling International Ltd. Vs DCIT
ITAT: Penalty cannot be automatic and every addition in the assessment proceedings cannot be gate way for levy of penalty.

6/28/2022 In the matter of Puttahalagaiah G.H.

AAR: Letting out of property by Applicant to Backward Classes Welfare Department, Govt. of Karnataka, who in turn is providing hostel facilities is nothing but renting of an immovable property for welfare of the weaker sections and hence, exempted.

6/28/2022 Maheshbhai Vrujilal Doshi vs. The State of Gujarat

Sessions Court: Petitioner cannot be granted blanket protection for the reason that Petitioner, though being a sleeping partner has prima facie committed offence.

6/28/2022 Angerlehner Structural and Civil Engineering Company vs Municipal Corporation of Greater Bombay

HC: As far as indirect taxes are concerned, an assessee can enter into a contract to shift its liability on the other party.

6/28/2022 Rajnandini Metal Ltd. vs. UOI & Ors.

HC: Merely by recording that some investigation is going-on a drastic far-reaching action under Rule 86A of the CGST Rules cannot be sustained and same is against the provisions.

6/28/2022 Vinayak Metal vs State of Gujarat

HC: GST registration cannot be cancelled basis a cryptic show-cause notice.

6/28/2022 MBR Flexibles Ltd vs Deputy Commissioner of State Tax (Enforcement) Division 1

HC: The petition requires consideration and hence, the same is allowed.

6/28/2022 In the matter of Dubai Chamber of Commerce and Industry

AAAR: Appellant and HO are different persons under GST law and since all the pre-requisite of supply u/s 7(1)(a) are satisfied, activities by Appellant will clearly constitute supply to HO.

6/28/2022 DGAP vs L‘Oreal India Pvt Ltd.

NAA: Prescription of time limit under Rule 133(1) and 129(6) are not mandatory and Respondent’s plea regarding non-observance of time limits are untenable.

6/25/2022 Ambica Fertilizers vs The Union of India

HC: The provisions of section 140 and 117 are directory and not mandatory.

6/25/2022 In the matter of Keysight Technologies India Pvt Ltd.

AAR: Software supplied by the Applicant qualifies as Computer Software resulting in supply of goods and therefore, classifiable under Heading 8523 80 20.

6/25/2022 In the matter of Workplace Options India Pvt. Ltd.

AAAR: The lower Authority has rightly refrained from examining this aspect since examining the classification of the service procured by the Appellant as a recipient of service is beyond the scope of the advance ruling mechanism.

6/25/2022 In the matter of SP Singla Construction Pvt. Ltd.

AAR: In case of Advance received for supply of service, time of supply shall be date of receipt of advance, irrespective of the fact whether supply is made at that time or not and the deeming provision at Explanation(i) to Section 13(2) CGST comes into picture.

6/25/2022 Maxam India Pvt. Ltd. vs. UOI & Ors.

HC: Revenue is directed to scrutinize and sanction the refund of the petitioner” for IGST paid on goods exported by the Petitioner during the transitional period along with appropriate interest on such refund from the date of the shipping bill till the date of actual refund.

6/25/2022 In the matter of Cummins India Ltd.

AAR: Tender cannot be considered as single composite supply because the applicant itself has divided the Tender into 4 different supplies.

6/25/2022 Mohammad Abbas Shabbirali Savjani vs. State of Gujarat

HC: In a scam of such a huge latitude, with all its intricacies, custodial interrogation of the applicant, would be required.

6/24/2022 Micro Focus Software Solutions India Pvt. Ltd. vs. UOI

HC: In the absence of notice to the Petitioner for carrying out physical inspection, there has been a complete violation of principles of natural justice.

6/24/2022 Sanchita Kundu & Anr vs The Assistant Commissioner of State Tax, Bureau of Investigation, South Bengal & Ors

HC: Benefit of ITC cannot be denied where all the transaction are proved to be genuine before the cancellation of registration of the suppliers.

6/24/2022 Vodafone Mobile Services Ltd. vs. UOI and Ors

HC: Revenue is directed to pass order afresh after communicating defects, if any and opportunity to rectify the deficiency in the refund application.

6/24/2022 Deshpande Constructions and DGAP vs. Anutone Acoustics

NAA: A single formula, which fits all, cannot be set while determining such a 'methodology and procedure' as the facts of each case are different.

6/24/2022 Abi Technologies vs. The Assistant Commissioner of Customs

HC: Procedural infraction shall not come in the legitimate way of grant of refund under the IGST Act, 2017 r/w CGST Act, 2017 and the Rules made thereunder.

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