Delhi High Court High-End KPO Services Provider Can't Be Compared With ITeS, Which Is BPO Services Provider: Delhi High Court Case Title: PCIT Versus Future First Info. Services Pvt. Ltd. Citation: 2023 LiveLaw (Del) 1301 The Delhi High Court has held that the high-end knowledge process outsourcing (KPO) services provider cannot be compared with...
Delhi High Court
Case Title: PCIT Versus Future First Info. Services Pvt. Ltd.
Citation: 2023 LiveLaw (Del) 1301
The Delhi High Court has held that the high-end knowledge process outsourcing (KPO) services provider cannot be compared with the information technology-enabled services (ITeS), which fall under the category of BPO services provider.
No Upward Adjustment Required To Be Carried Out For Amount Received By Sony India From Its AE: Delhi High Court
Case Title: PCIT Versus M/s Sony India Pvt. Ltd
Citation: 2023 LiveLaw (Del) 1304
The Delhi High Court has held that no upward adjustment concerning advertising, marketing, and promotion expenses (AMP) ought to have been made as the comparables chosen by the Transfer Pricing Officer (TPO) had a net margin lower than that registered by the assessee, Sony India.
S. 69A Of Income Tax Act Can Only Be Invoked Where Books Of Account Are Maintained: Delhi High Court
Case Title: CIT Versus Hersh Washesher Chadha
Citation: 2023 LiveLaw (Del) 1305
The Delhi High Court has held that Section 69A of the Income Tax Act can only be invoked where books of account are maintained.
Decision To Cancel GST Registration With Retrospective Effect Must Be Based On Some Objective Criteria: Delhi High Court
Case Title: Pratima Tyagi Versus Commissioner Of GST
Citation: 2023 LiveLaw (Del) 1310
The Delhi High Court has held that the decision to cancel the GST registration with retrospective effect must be based on some objective criteria.
Power To Extend Time For Submitting Audit Reports U/S 142(2c) Belongs Exclusively To AO And Can't Be Exercised By CIT: Delhi High Court
Case Title: PCIT Versus B.L. Kashyap And Sons Ltd.
Citation: 2023 LiveLaw (Del) 1326
The Delhi High Court has held that the power to extend the time for submitting audit reports under Section 142(2c) belongs exclusively to the AO and cannot be exercised by CIT.
Limitation Period To Pass Fresh Assessment Order Expired: Delhi High Court Accepts Returned Income For 12 Years
Case Title: Indian Renewable Energy Development Agency Ltd Versus PCIT
Citation: 2023 LiveLaw (Del) 1327
The Delhi High Court has accepted the returned income for 12 years as the limitation period to pass a fresh assessment order has expired.
Bombay High Court
Agreement To Provide Manpower For Maintenance Is Contract Of Service And Not A Sale Under MVAT Act: Bombay High Court
Case Title: Atos India Private Limited Versus The State of Maharashtra
The Bombay High Court has held that an agreement to provide manpower to perform maintenance is a contract of service and not a sale contract under the MVAT Act.
Customs Deputy Commissioner's Order Contrary To AAR's Ruling, Bombay High Court Quashes
Case Title: Isha Exim carrying on business Versus UOI
The Bombay High Court has quashed the customs deputy commissioner's order contrary to the ruling passed by the Authority of Advance Ruling (AAR).
Action Of Customs Assistant Commissioner In Selling Gold Jewellery Belonging To Assessee Is Illegal: Bombay High Court
Case Title: Leyla Mohmoodi Versus The Additional Commissioner of Customs
The Bombay High Court has held that the action on the part of the Assistant Commissioner of Customs in disposing of or selling the gold jewellery belonging to the petitioners or assessee subject matter of the proceedings was illegal and unconstitutional.
Reassessment Proceedings Can't Be In The Nature Of Review: Karnataka High Court
Case Title: EIT Services India Pvt. Ltd. Versus Deputy Commissioner Of Income Tax
The Karnataka High Court has held that reassessment proceedings cannot be in the nature of review.
Karnataka High Court Directs NFAC To Refund Rs.29.30 Cr. With Interest To Myntra
Case Title: M/S Myntra Designs Private Limited Versus National Faceless Assessment Centre
The Karnataka High Court has directed the National Faceless Assessment Centre (NFAC) to refund Rs. 29.30 crore with interest under Section 244A of the Income Tax Act to Myntra Designs Pvt. Ltd.
Madras High Court
Madras High Court Quashes Assessment Order Passed Without Considering Assessee's Request Of Personal Hearing Through Video Conference
Case Title: C.Chellamuthu Versus The Principal Commissioner
The Madras High Court has quashed the assessment order passed without considering the assessee's request for a personal hearing through video conference.
Madras High Court Quashes Assessment Order Passed Without Considering Assessee's Request Of Personal Hearing Through Video Conference
The Madras High Court has quashed the assessment order passed without considering the assessee's request for a personal hearing through video conference.
Allahabad High Court
Case Title: Principal Commissioner Of Income Tax v. M/S Pnc Infratech Ltd.
The Allahabad High Court held that investments made through banking channels and show in regular returns cannot be disbelieved unless proven otherwise by the department.
Kerala High Court
GST Evasion Prosecution Does Not Depend Upon Completion Of Assessment: Kerala High Court
Citation: 2023 LiveLaw (Ker) 738
Case Title: Badha Ram Versus Intelligence Officer
The Kerala High Court has held that prosecution for offences under Section 132 of the CGST Act does not depend upon the completion of the assessment.
Patna High Court
Patna High Court Allows Appeal Beyond Stipulated Time based on CBIC Notification
Case Title: M/s Prince Sanitation Gandhi Path vs. The State of Bihar and Ors
LL Citation: 2023 LiveLaw (Pat) 145
In a recent ruling, the Patna High Court has provided relief to individuals facing delayed appeals under Sections 73 and 74 of the BGST Act.
Chhattisgarh High Court
Chhattisgarh High Court Upholds Constitutional Validity Of S. 16(4) Of CGST Act
Case Title: M/s Jain Brothers Versus UOI
The Chhattisgarh High Court upheld the constitutional validity of Section 16(4) of the CGST Act, which specifies the time frame in which a registered taxpayer is required to claim input tax credit.
ITAT
Without Pointing Out Any Specific Defect In Audited Books Of Accounts AO Can't And Should Not Make Any Estimated Addition: ITAT
Case Title: Priyamda Media & Infotainment Private Limited Versus DCIT
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that without pointing out any specific defect in the audited books of accounts, the AO cannot and should not make any estimated addition.
ITAT Deletes Addition On Availing Accommodation Entries In Shape Of LTCG As It Was Not Recorded In Books Of Accounts
Case Title: Himanshu Botadara Versus ITO
The Indore Bench of Income Tax Appellate Tribunal (ITAT) has deleted the addition of availing accommodation entries in the shape of Long Term Capital Gain (LTCG) as it was not recorded in the books of accounts.
CESTAT
Payment Under IPL Playing Contract, CESTAT Quashes Service Tax Demand Against Cricketer R. Ashwin
Case Title: R. Ashwin Versus The Commissioner of GST & Central Excise
The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has quashed the service tax demand against cricketer R. Ashwin.
Fire Incidence Beyond Control Of ONGC Petro, CESTAT Allows Customs Duty Remission
Case Title: ONGC Petro Additions Limited Versus C.C.-Ahmedabad
The Ahmedabad bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has allowed the customs duty remission on the goods that were destroyed as a result of the fire incident beyond the control of the assessee, ONGC Petro.
Hero Cycle Not Required To Pay Automobile Cess On E-Bike As It Was Already Paid At The Time Of Import: CESTAT
Case Title: M/s Hero Cycle Ltd. Versus Commissioner of CGST, Ludhiana
The Chandigarh bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that Hero Cycle is not required to pay automobile cess on an e-bike as it was already paid at the time of import.
CESTAT Allows Excise Duty Exemption On Special Purpose Bullet Proof Armoured Vehicles To Tata Motors
Case Title: M/s JCBL Limited, Unit-II Versus The Commissioner of Central Excise And Service Tax, Chandigarh-II
The Chandigarh Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has granted the excise duty exemption on special purpose bullet-proof armoured vehicles to Tata Motors.
Service Tax Not Payable When Public Funded Research Institutions Like IIT Receive Grants From Govt: CESTAT
Case Title: M/s. Indian Institute of Technology Versus Commissioner of GST and Central Excise
The Chennai bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that service tax is not payable when publicly funded research institutions like IIT receive grants or aid from the government for conducting research or project work.
AAAR
Incentives Received Under “Atma Nirbhar Gujarat Sahay Yojna” Can't Be Considered As Subsidy, GST Applicable: Gujarat AAAR
GUJ/GAAAR/APPEAL/2023/07
The Gujarat Appellate Authority of Advance Ruling (AAAR) has held that incentives received under the “Atma Nirbhar Gujarat Sahay Yojna” dated May 16, 2020, declared by the Gujarat Government could not be considered subsidies, and GST is applicable.
AAR
12% GST Applicable On Renting Residential Dwelling Units On Monthly Rental Basis: Karnataka AAR
Advance Ruling No. KAR ADRG 34/2023
The Karnataka Authority of Advance Ruling has held that 12% GST is applicable to renting residential dwelling units on a monthly rental basis.