Supreme Court Supreme Court Affirms Penalty On 'Zarda' Manufacturers For Misclassifying Product As 'Chewing Tobacco' For Central Excise Duty Case Title: Commr. Of Cen. Exc. Ahmedabad v M/S Urmin Products P. Ltd. And Others Citation: 2023 LiveLaw (SC) 949 The Supreme Court while adjudicating a matter wherein the Assesssee deliberately misclassified the ‘Zarda’ produced by it...
Supreme Court
Supreme Court Affirms Penalty On 'Zarda' Manufacturers For Misclassifying Product As 'Chewing Tobacco' For Central Excise Duty
Case Title: Commr. Of Cen. Exc. Ahmedabad v M/S Urmin Products P. Ltd. And Others
Citation: 2023 LiveLaw (SC) 949
The Supreme Court while adjudicating a matter wherein the Assesssee deliberately misclassified the ‘Zarda’ produced by it as ‘Chewing Tobacco’ for evading payment of a high duty as applicable to ‘Zarda’, has affirmed the imposition of penalty and demand for payment of differential duty raised by the Central Excise Department from the Assessee.
Delhi High Court
Delhi High Court Upholds ITAT’s Decision On Selection Of Comparables For Determination Of Arm’s Length Price Of An International Transaction
Case Title: PCIT Versus M/S Chrys Capital Investment Advisors (India) Pvt. Ltd.
The Delhi High Court had upheld the decision of the Income Tax Appellate Tribunal (ITAT) on the selection of comparables for the determination of the arm’s length price of an international transaction.
Transfer Pricing | Delhi High Court Excludes Comparables On The Basis Of Functional Dissimilarity
Case Title: PCIT Versus Qualcomm India Pvt Ltd
The Delhi High Court has excluded the comparables on the basis of functional dissimilarity in the transfer pricing case.
Bombay High Court
System Default Is The Standard Excuse Of Department When It Comes To Giving Refunds: Bombay High Court
Case Title: Matrix Publicities and Media India Pvt. Ltd. Versus Deputy Commissioner of Income Tax Circle- 16(1), Mumbai & Ors.
The Bombay High Court has stated that system default is the standard excuse of the department when it comes to giving refunds.
Madras High Court
Cognizant Technology Challenges ITAT Order Upholding Dividend Distribution Tax Demand On Buyback Of Rs 19,000-Crore Shares Before Madras High Court
The Cognizant Technology has challenged the order of the Income Tax Appellate Tribunal (ITAT)which upheld the dividend distribution tax demand on buyback of Rs. 19,000-crore shares before Madras High Court.
Madras High Court Directs Customs Dept. To Release Fresh Apples Imported From New Zealand On Furnishing Of Bank Guarantee Towards Differential Duty
Case Title: The Additional Commissioner of Customs Versus M/s.N.C.Alexander
The Madras High Court has directed the customs department to release fresh apples imported from New Zealand on the furnishing of bank guarantees towards differential duty. The Madras High Court has directed the customs department to release fresh apples imported from New Zealand on the furnishing of bank guarantees towards differential duty.
Gujarat High Court
GST Appellate Tribunal Constituted But Not Functional: Gujarat High Court Stays Recovery Of Dues
LL Citation: 2023 LiveLaw (Guj) 176
Case Title: Rajkalp Mudranalya Private Limited Thro Kalpesh Maneklal Patel Versus Superintendent
The Gujarat High Court has stayed the order for recovery of dues on the grounds that, though the GST Appellate Tribunal was constituted, it was not functional.
Allahabad High Court
Game Of Skill Brought At Par With Game Of Chance: Writ Challenging CGST Amendment Act 2023 And Vires Of S.15(5) CGST Act Filed In Allahabad HC
On Thursday, Allahabad High Court issued notice in writ petition challenging the validity of the Central Goods and Service Tax (Amendment) Act, 2023 notified on 18th August, 2023 which sought to tax all online money games in toto.
UPVAT Act | Family Entitled To Insurance Money Under Group Insurance Policy If Registration Valid On Date Of Death Of Registered Dealer: Allahabad HC
Case Title: Rina Rani Rustogi v. State Of U.P. And 4 Others
The Allahabad High Court held that if registration under the Uttar Pradesh Value Added Tax Act, 2008 was subsisting on the day of his death, his family would be entitled to insurance claim under the Group Insurance Policy.
UPVAT | Exemption/Concession Form Not Produced During Assessment Due To Unavoidable Circumstances, Can Be Considered By Tribunal: Allahabad HC
Case Title: M/S Sah Agencies Pvt. Ltd. v. Commissioner, Commercial Tax U.P. [SALES/TRADE TAX REVISION No. - 139 of 2022]
The Allahabad High Court has held that if a form through which exemption/concession has been claimed under the Uttar Pradesh Value Added Tax Act, 2008 could not be produced at the time of assessment due to unavoidable circumstances, the same can be produced before the Tribunal. The Tribunal is bound to consider it before passing any order.
GST | Opportunity Of Hearing Must Before Taking Adverse View: Allahabad High Court Quashes Penalty Order
Case Title: M/S New India Traders v. State Of U.P. And 2 Others [WRIT TAX No. - 527 of 2023]
The Allahabad High Court has held that principles of natural justice must be complied with before drawing any adverse inference.
GST | No Inherent Lack Of Jurisdiction, Adjudication Proceedings May Not Be Interjected In Extraordinary Writ Jurisdiction: Allahabad High Court
Case Title:- M/S Bajrang Trading Company v. Commissioner Commercial Tax And Another [WRIT TAX No. - 1123 of 2023]
The Allahabad High Court has held the allegations of violations of law cannot be dealt with in extraordinary jurisdiction of the Court under Article 226 of the Constitution of India unless inherent lack of jurisdiction is claimed.
Jammu & Kashmir And Ladakh High Court
Jammu & Kashmir And Ladakh High Court Dismisses Writ Petition Challenging SCN Regarding Export Of Banned Yarn Shawls
Case Title: M/S Ali Shah Versus Union of India
The Jammu & Kashmir and Ladakh High Courts have held that jurisdiction in the case of shawls containing prohibited material lies in Delhi, not Jammu & Kashmir, as the seizure took place in Delhi.
Jharkhand High Court
CBIC Circulars Are Binding On Service Tax Dept, Violations Will Make Actions Illegal: Jharkhand High Court
Case Title: M/s LMB Sons Versus UOI
The Jharkhand High Court has held that the circulars or instructions issued by the Central Board of Indirect Taxes and Customs (CBIC) are legally binding on the department, and their violation will make the actions of the respondent illegal and ex-facie bad in law.
Income Tax Dept. Is Duty Bound To Provide All Material Information On Which Reliance Was Placed To The Assessee: Jharkhand High Court
Case Title: M/s Chotanagpur Diocesson Trust Asson. Versus UOI
The Jharkhand High Court has held that the Department is duty-bound and is mandatorily required to provide all material information or inquiry conducted on which reliance is being placed, along with supporting documents, to the petitioner as per the provisions of Section 148A of the Income Tax Act, 1961.
Kerala High Court
Penalty Is Payable On Failure To Deposit Tax Collected Within A Period Of Thirty Days From The Due Date: Kerala High Court
Citation: 2023 LiveLaw (Ker) 619
Case Title: M/S. Global Plasto Wares Versus Assistant State Tax Officer
The Kerala High Court has held that the penalty is payable on failure to deposit the tax collected by him within a period of thirty days from the due date of the payment of the tax.
Patna High Court
Petitioner Cannot Be Deprived Of The Benefit, Due To Non- Constitution Of The Appellate Tribunal By The Respondents Themselves: Patna High Court
LL Citation: 2023 Livelaw (Pat) 128
Case Title: M/s Cohesive Infrastructure Developers Pvt. Ltd vs The Central Board of Indirect Taxes and Customs and Ors
In a recent ruling, the Patna High Court has granted relief to M/s Cohesive Infrastructure Developers Pvt. Ltd, the petitioner, in a Goods and Services Tax (GST) dispute.
ITAT
ITAT Allows Income Tax Deduction On Interest Income From Investment In Co-Operative Bank
Case Title: M/s. Kangayam Primary Agricultural Co-operative Credit Society Versus ITO
The Chennai Bench of Income Tax Appellate Tribunal (ITAT) has allowed the deduction under Section 80P(2)(d) of the Income Tax Act on the interest income from investments in cooperative banks.
Deemed Dividend Is Taxable Only In The Hands Of The Shareholder: ITAT
Case Title: ACIT versus Kiran Ship Breaking Company
The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has held that a deemed dividend is taxable only in the hands of the shareholder.
CESTAT
TDS Paid From Assessee’s Own Account Can’t Form Part Of Consideration Of Service Charges Paid To Overseas Service Provider, No Service Tax Payable: CESTAT
Case Title: FCI OEN Connectors Ltd Versus Commissioner of Central Tax, Cochin
The Bangalore Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT)has held that the TDS amount paid to the Income Tax Department by the appellant from his own account cannot form part of the consideration of the service charges paid to the overseas service provider, and service tax is not payable.
Service Tax Not Leviable On Freight Brokerage: CESTAT
Case Title: M/s. International Clearing & Shipping Agency Versus Commissioner of GST and Central Excise
The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that service tax is not leviable on freight brokerage.