Delhi High Court Appellant Was Pursuing Review Petition In Good Faith, Delhi High Court Condones Delay In Filing Appeal Against ITAT Order Case Title: Resorts Consortium India Limited Versus ITAT Citation: 2023 LiveLaw (Del) 1178 The Delhi High Court has condoned a 79-day delay in filing an appeal as a review petition was filed before the Income Tax Appellate...
Delhi High Court
Appellant Was Pursuing Review Petition In Good Faith, Delhi High Court Condones Delay In Filing Appeal Against ITAT Order
Case Title: Resorts Consortium India Limited Versus ITAT
Citation: 2023 LiveLaw (Del) 1178
The Delhi High Court has condoned a 79-day delay in filing an appeal as a review petition was filed before the Income Tax Appellate Tribunal (ITAT).
AO Lacked Tangible Material To Form A Belief That Income, Chargeable To Tax Had Escaped Assessment: Delhi High Court Quashes Reassessment Notice
Case Title: Saraswati Petrochem Pvt. Ltd. Versus Income Tax Officer
The Delhi High Court has held that AO did not have the tangible material on record that could have persuaded him to form the belief that income, otherwise chargeable to tax, had escaped assessment.
Employee Can’t Be Penalised For Non-Deposit Of TDS By Employer: Delhi High Court
Case Title: Shri Chintan Bindra Versus DCIT
The Delhi High Court has held that the employer of the petitioner or assessee, having failed to perform his duty to deposit the deducted tax with the department, cannot be penalized. It would always be open for revenue to proceed against the employer of the petitioner for recovery of the deducted tax.
Bombay High Court
Bombay High Court Orders Dept. To Refund Tax Deposited By HSBC Under Protest
Case Title: The Hongkong and Shanghai Banking Corporation Versus UOI
The Bombay High Court has ordered the department to refund the tax deposited by HSBC under protest.
Allahabad High Court
Income Tax Authority Cannot Dissect An Otherwise Indivisible Contract In Absence Of Legal Provision: Allahabad High Court
Case Title: The Commissioner Of Income Tax (Tds) And Another v. Lalitpur Power Generation Co. Ltd.
The Allahabad High Court has held that an otherwise indivisible contract cannot be dissected by the authorities under the Income Tax Act, in absence of any legal provision allowing such dissection.
GST | No Real Use In Relegating Cases Of Undisputed Facts To Forum Of Alternate Remedy : Allahabad High Court
Case Title: Hindustan Paper Machinery Industries v. Commissioner Cgst And 2 Others
The Allahabad High Court has held that tax cases where the facts are undisputed and there are issues of jurisdiction and violation principles of natural justice involved may not be relegated to the Authorities.
Direct Tax Vivaad Se Vishwas Act | Out-Of-Court Settlement Not Litigant's Fundamental Right, Can Be Availed Only As Per Law: Allahabad HC
Case Title: Umesh Garg v. Union Of India and Another
While dealing with a rejection order under the Direct Tax Vivaad Se Vishwas Act, 2020, the Allahabad High Court has held that a litigant does not have a fundamental or inherent right to claim settlement of dispute outside court. The right being created by statute must be availed in accordance with it.
Madras High Court
Assessee Disclosed Sale Of Agricultural Land In ROI During Scrutiny Assessment: Madras High Court Quashes Reassessment Initiated Beyond 4 Years
Case Title: S.Uttam Chand Versus ACIT
The Madras High Court has quashed the reassessment proceedings as the petitioner had disclosed the information with regard to the sale of agricultural land, and all the particulars with regard to the sale of agricultural land were disclosed before the Assessing Officer in full extent.
Punjab And Haryana High Court
Section 148A(b) Notice Not Specifically Served On Assessee: Punjab And Haryana High Court Imposes Rs. 10K Cost On Dept.
Case Title: Nilam Mantri Versus ITO
The Punjab and Haryana High Court has imposed a cost of Rs. 10K on the income tax department and quashed the order under Section 148A(d) of the Income Tax Act and the notice under Section 148 of the Income Tax Act.
Orissa High Court Allows Expenditure Towards Contribution For Running Of School As Business Expenditure
Case Title: Principal Commissioner of Income Versus Paradeep Phosphates Limited
The Orissa High Court has held that the expenditure towards the contribution for the running of the school is a business expenditure.
ITAT
ITAT Allows Section 80P Deduction On Interest Income Arising From Deposits/Investments Made With Co-Operative Bank
Case Title: ITO Versus M/s Yendagandhi Large Sized Co-operative Society Ltd.
The Visakhapatnam Income Tax Appellate Tribunal (ITAT) has held that there is a deduction under Section 80P of the Income Tax Act on interest income arising from deposits or investments made with cooperative banks.
ITAT Imposes Cost Of Rs. 51K For Condoning 33 Days Delay In Filing Appeal
Case Title: General Lifescience Distributors Versus CIT
The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has imposed a cost of Rs. 51,000 for the 33-day delay in filing the appeal.
ITAT Deletes Addition On Consideration Received By German Entity For Offshore Supplies
Case Title: DSD Noell GMBH Versus Dy./Asst. CIT
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that addition on consideration received by the German entity for offshore supplies.
Club Membership Fees Paid By ICICI Bank For Employees Are To Be Treated As Business Expenditure: ITAT
Case Title: ICICI Bank Ltd Versus The Deputy Commissioner of Income-tax, Circle-3(1)
The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has observed that club membership fees for employees are to be treated as business expenditures of a company under Section 37 of the Income Tax Act.
Dept. Can Dispute Residential Status On Strength Of TRC But Not Without Establishing Assessee To Be Shell Company: ITAT
Case Title: CPI India Ltd. Versus ACIT
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that though the department has the authority to dispute the residential status of the assessee merely on the strength of the Tax Residency Certificate (TRC), it is incumbent upon the department to make a proper inquiry and to establish the fact that the party claiming benefit and the strength of the TRC is a shell or conduct company.
CESTAT
Case Title: MTR Foods Pvt. Ltd. Versus C.C.E, Bangalore - I
The Bangalore Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that “badam milk drink-ready to drink” is classifiable under CTH 2202 9030.
Income From Sale Of Tender Forms, Xeroxing, Printing, Digital Software, Certificates Not Covered Under Business Auxiliary Services: CESTAT
Case Title: Andhra Pradesh Technology Services Ltd Versus Commissioner of Central Tax Hyderabad - II
The Hyderabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that income such as the sale of tender forms, xeroxing and printing, and digital software and certificates are not covered under business auxiliary services.
Services Of Procuring Export Orders From Foreign Buyers For Garment Manufacturers, Not ‘Intermediary’ Service: CESTAT
Case Title: M/s. SNQS International Socks Private Limited Versus Commissioner of G.S.T. and Central Excise
The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the services of procuring export orders from foreign buyers for manufacturers who supplied garments are not ‘intermediary’ services.
MRF Entitled To Re-Credit Of CENVAT Credit If Capital Goods Are Put To Use In Manufacture Of Final Products: CESTAT
Case Title: M/s. MRF Limited Versus Commissioner of GST and Central Excise
The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the assessee, MRF is entitled to a re-credit of cenvat credit if capital goods are put to use in the manufacture of final products.
Canned Pineapple Slices Classifiable Under Customs Tariff Heading No. 0804, Exemption Not Applicable: CESTAT
Case Title: Holyland Marketing Pvt Ltd Versus Commissioner Of Customs (Import) Icd, Tughlakabad, New Delhi
The Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that canned pineapple slices’ are classifiable under Customs Tariff Heading No. 0804.
L.G. Electronics Not Entitled To Claim Concessional Rate Of Basic Customs Duty On Import Of G-Watch: CESTAT
Case Title: M/s. L.G. Electronics India Private Limited Versus Principal Commissioner of Customs
The Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the assessee, L.G. Electronics, is not entitled to claim the concessional rate of basic customs duty on the import of G-Watch.