CENVAT Credit Refund Can’t Be Denied In Absence Of Self-Assessed Return Having Been Questioned, Reviewed Or Re-Assessed: Delhi High Court

The Delhi High Court has held that a CENVAT credit refund cannot be denied in the absence of the self-assessed return having been questioned, reviewed or re-assessed.

Delhi High Court Quashes Suspension Of License, Issued To Customs House Agent, Finding Order Illegal

The Delhi High Court has held that there was proper verification on the part of the Customs House Agent (CHA) with regard to the genuineness of the Importer-Exporter Code (IEC) as well as GSTIN.

ITR-Filing Date Is Relevant For Calculating Section 143(2) Limitation And Not Defect-Removal Date: Delhi High Court

The Delhi High Court has held that once the return has been found to be valid and only a defect within the meaning of Section 139(9) of the Income Tax Act has been found, interest cannot be levied.

Delhi High Court Quashes Non-Speaking Order Rejecting The Grant Of An LDC Permitting Deduction Of 0.01% TDS

The Delhi High Court has quashed the non-speaking order rejecting the grant of a lower deduction of tax certificate (LDC) permitting the deduction of 0.01% TDS.

Bombay High Court

Bombay High Court Quashes FAO Order Passed After Two Years Of DRP Direction Against Vodafone Idea

Case Title: Vodafone Idea Limited Versus CPC

The Bombay High Court has held that the assessment order dated August 31, 2023, passed by the Faceless Assessing Officer (FAO) two years after the Dispute Resolution Panel (DRP) directions, is time-barred and cannot be sustained.

Re-Opening Is Not Permissible As It Falls Within The Purview Of A ‘Change Of Opinion’: Bombay High Court

The Bombay High Court has held that re-opening is not permissible as it clearly falls within the purview of a ‘change of opinion’ which is impermissible in law.

Madras High Court

Interest Income From Co-Operative Bank Entitled To Income Tax Deduction: Madras High Court

The Madras High Court recently clarified that interest income received from a Cooperative bank is also entitled to deduction under Section 80P(2)(d) of the Income Tax Act 1961.

Gujarat High Court

Whether Fantasy Gaming Fall Within Actionable Claim Amounting To Betting And Gambling Or Based On Skills: Gujarat High Court Stays GST SCN, Issues Notice

The Gujarat High Court will decide on the issue of whether fantasy gaming falls within an actionable claim amounting to betting and gambling or based on skills.

Cash Can’t Be Considered As Goods For The Purpose Of Seizure Proceedings Under GST: Gujarat High Court

The Gujarat High Court has recently delivered a verdict on the issue of the seizure of cash under the Goods and Services Tax (GST) Act, clarifying that cash does not qualify as "goods" for the purpose of seizure proceedings.

Allahabad High Court

In GST Regime All Details Are Available On Portal Of GST Department, Department Must Verify: Allahabad High Court Quashes Penalty Order

Case Title: M/S Rama Brick Field v. Additional Commissioner Grade-2 And 2 Others

The Allahabad High Court has held that in the GST regime all details and returns filed are available on the portal of the GST Department and the authorities can verify from the portal the amount of tax deposited after filing of GSTR -1 and GSTR 3 B.

GST Act | Proceedings Ought Not To Be Initiated If Rectified Tax Invoices, E-Way Bills Produced Before Passing Detention Order: Allahabad HC

The Allahabad High Court has held that once rectified/ correct tax invoices and e-way bills are produced before the authorities before passing of the detention/ seizure order, the proceedings under the Goods and Service Tax Act, 2017 ought not to be initiated.

MP High Court

Income Chargeable To Tax Escaping Assessment | Reassessment Proceedings Against Amalgamated Entity, MP High Court Quashes Order U/S 148A(d) Income Tax Act

Case Title: Jhansi Baran Pathways Pvt. Ltd (Now Amalgamated With Prakash Asphaltings And Toll Highway India. Ltd.) v. Office of the Income Tax Officer ITO 2(1) (Indore) & Ors. & Connected Matters

Madhya Pradesh High Court has recently quashed reassessment proceedings initiated against a non-existent/amalgamated entity under Section 148 A of the Income Tax Act, holding that even the availability of alternative remedy has no bearing in such instances when the entity has ceased to exist pursuant to amalgamation.

ITAT

Shree Sai Baba Sansthan Trust Eligible For Income Tax Exemption On Anonymous Donations: ITAT

Case Title: Shree Sai Baba Sansthan Trust (Shridi) Versus DCIT (Exemptions)

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that Shree Sai Baba Sansthan Trust is eligible for income tax exemption on anonymous donations.

Web Hosting Services Availed By The Assessee Do Not Constitute Royalty Or FTS Under India-Mauritius DTAA: ITAT

Case Title: DCIT Versus Campus Eai India Pvt. Ltd.

The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that web hosting services availed by the assessee do not constitute royalty or Fee for Technical Services (FTS) under the India-Mauritius Double Tax Avoidance Agreement (DTAA).

Interest Earned Deposited In The Consolidated Fund Of India By Way Of Challans: ITAT Deletes Income Tax Addition Against NHIDCL

Case Title: DCIT Versus M/s. National Highways & Infrastructure Development Corp India

The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that the assessee, National Highways & Infrastructure Development Corp. India (NHIDCL), received funds in fiduciary capacity from the government and deposited with the Consolidated Fund of India the interest received on deposits kept in bank accounts out of funds received for infrastructure development projects.

Income Tax Authorities Can’t Step Into Shoes Of Businessmen To Determine Expenditure For Business Purpose: ITAT

Case Title: Serco India Pvt. Ltd. Versus ACIT

The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that income tax authorities cannot step into the shoes of businessmen to determine how much expenditure should have been incurred for the purpose of business.

CESTAT

Iron Ore Fines Are Exempted From Payment Of Customs Duty: CESTAT

The Kolkata Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that iron ore fines were exempted from payment of duty.

Service Tax Payable On Renting/Leasing Shops, Premises, Buildings, Etc. For Any Commercial Purpose Except Agriculture: CESTAT

Case Title: M/s. Nagar Parishad Versus Commissioner of Central Excise & C.G.ST – Udaipur

The Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that service tax is payable on renting or leasing shops, premises, buildings, etc. for any commercial purpose except agriculture.