Supreme Court

​​Special Effects & 3D Conversion Services Are Not ‘Video-Tape Production’ Services Under S. 65(120) Of Finance Act, 1994: Supreme Court

The Supreme Court has upheld the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) that the 3D conversion services provided by the assessee, including services such as ‘imparting special effects’, ‘post production service’, ‘digital asset management and content service’ and ‘digital restoration service’, will not fall under the ambit of ‘video-tape production’ under Section 65(120) of the Finance Act, 1994.

Bombay High Court

Capital Gains Can’t Be Added As Unexplained Cash Credit For Sale Of Penny Stock: Bombay High Court

Case Title: PCIT Versus Indravadan Jain, HUF

The Bombay High Court held that capital gains cannot be added as unexplained cash credit for the sale of penny stock.

AO’s Duty To Adjust Brought Forward Unabsorbed Depreciation: Bombay High Court Quashes Reassessment

Case Title: Mukand Limited Versus The Union of India

The Bombay High Court, while quashing the reassessment, held that the Assessing Officer had in his possession all the primary facts and it was for him to draw a proper inference as to whether the brought forward unabsorbed depreciation should be adjusted against capital gains or profit and gains from business or profession.

Allahabad High Court

Allahabad High Court Dismisses Challenge To Appointment Of Commissioners Of Income-Tax (Appeals)

Case Title: Shweta Punj vs. Union of India

The Allahabad High Court has held that Sections 116 and 117 of the Income Tax Act, 1961empower the Central Government to appoint Commissioner of Income-Tax (Appeals). Same pay scale would not make provisions of appointment under other statues applicable to the appointment of authorities under the Act of 1961.

GST | Show Cause Notice Must Contain Foundation Of Case On Which Action Is Necessitated: Allahabad High Court

Case Title: M/S Abhay Traders v. Commissioner Commercial Tax U.P. Lucknow And Another

The Allahabad High Court has held that show cause notice must contain the foundation of the case based on which action is being necessitated. In case, the show cause notice is sufficient, assessee has remedy of filing reply/objections before the concerned authorities.

Karnataka High Court

Vodafone Idea Not Liable To Deduct TDS On Inter-Connectivity Usage & Bandwidth Charges: Karnataka High Court

Case Title: M/S. Vodafone Idea Limited Versus Deputy Director Of Income Tax

The Karnataka High Court has held that the assessee, Vodafone Idea, is not liable to deduct TDS on interconnectivity usage and bandwidth charges.

Patna High Court

Revenue Needs To Be Consistent, Can’t Accept Proposition In One Case And Challenge In Another: Patna High Court

Case Title: Income Tax Officer vs. Indian Oil Corporation Ltd.

The Patna High Court has upheld the principle of consistency in taxation matters, asserting that the Revenue cannot challenge a declaration of law accepted in one case while challenging its correctness in another case without just cause.

Andhra Pradesh High Court

Acceptance GSTR-3B Returns With Late Fee Will Not Condone Delay In Claiming ITC: Andhra Pradesh High Court

Case Title: Thirumalakonda Plywoods Versus The Assistant Commissioner State Tax

The Andhra Pradesh High Court has held that mere acceptance of Form GSTR-3B returns with a late fee will not exonerate the delay in claiming the Input Tax Credit (ITC).

Meghalaya High Court

Excise Act | Meghalaya High Court Upholds Order Granting Interest To Assessee On Refund Of Deposit Made 'Under Protest' During Investigation

Case Title: The Principal Commissioner of Central vs. M/s Green Valliey Goods and Service Tax Industries Pvt Ltd

The Meghalaya High Court on Wednesday upheld the order passed by the Customs Excise and Service Tax Appellate Tribunal (CESTAT) granting interest on the delayed refund of a deposit made by the assessee under protest, during investigation for allegedly claiming excess cenvat credit.

ITAT

ITAT Upholds Addition On Account Of Unexplained Cash Deposit Made During Demonetisation

Case Title: Shri Karthick Natarajan Versus DCIT

The Chennai Bench of the Income Tax Appellate Tribunal (ITAT), while rejecting the plea of the assessee for cash received in marriage, upheld the addition on account of an unexplained cash deposit made during demonetisation.

No specific ICDS, ITAT Disallows Deduction On Marketing & Sales Expenses To Real Estate Developer

Case Title: Bengal Peerless Housing Development Company Limited Versus Deputy Commissioner of Income Tax

The Kolkata Bench of the Income Tax Appellate Tribunal (ITAT) has disallowed the deduction of marketing and sales expenses accumulated in work-in-progress as per accounting standards and revenue recognition policy.

ITAT Deletes Addition On Security Deposits From Distributors/Retailers Against Coca Cola Bottles

Case Title: Hindustan Coca-Cola Beverages Pvt. Ltd Versus ACIT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has deleted the addition against Hindustan Coca-Cola Beverages on the Security Deposits made by distributors and retailers against Coca-Cola bottles.

District Mining Officer Liable To Collect TCS On Compounding Fee Received From Illegal Miners: ITAT

Case Title: District Mining Officer Versus The Deputy Commissioner of Income Tax (TDS) Raipur (C.G)

The Raipur Bench of the Income Tax Appellate Tribunal (ITAT) has held that the assessee, the District Mining Officer, is liable to collect tax at source on the compounding fee received from illegal miners even in the absence of a valid lease or licence of mines.

PCIT Can’t Initiate Revision Proceedings When CIT (A) Has Already Disposed Of The Appeal: ITAT

Case Title: Late, Dipankar Mohan Ghosh Versus CIT(IT)

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has quashed the revision order passed by the PCIT as the CIT (A) had already disposed of the appeal.

CESTAT

CESTAT Allows Import Duty Exemption For Repair Of The Vessel Sagar Sampada

Case Title: Centre for Marine Living Resources & Ecology Versus The Commissioner of CustomS

The Banglore Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the vessel Sagar Sampada is an Ocean-Going Vessel that is eligible for import duty exemption in respect of spares, parts, and other specific items for the vessel's repair.

AAR

18% GST Payable On Service of Charging Of Battery Of Electrical Vehicle: AAR

Applicant’s Name: Chamundeshwari Electricity Supply Corporation Limited

The Karnataka Authority of Advance Ruling (AAR) has ruled that 18% GST is applicable on the service of charging the battery of an electrical vehicle.

Chocolate Peanut Chikkies Attracts 18% GST: AAR

Applicant’s Name: Sirimiri Nutrition Food Products Private Limited

The Karnataka Authority of Advance Ruling (AAR) has held that Chocolate Peanut Chikkies attract 18% GST, whereas other chikkies attract 5% GST.