Tax
Refund Application Could Not Be Uploaded Due To Technical Glitches, Refund Can't Be Denied: Delhi High Court
The Delhi High Court has held that the refund application was filed twice on the GST portal but could not be uploaded due to technical glitches.The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that during the initial period of the rollout of the GST regime, both taxpayers and the officials of the GST departments faced innumerable difficulties that were being addressed....
Cognizant Technology Rs. 19,000 Crore Buyback Dividend Distribution Tax Controversy: Madras High Court Stays Rs.9403.09 Crores Demand
The Madras High Court has stayed the tax demand of Rs. 9403.09 crore in the case of Cognizant Technology's Rs. 19,000 crore buyback dividend distribution tax controversy.The bench of Justice R. Mahadevan and Justice Mohammed Shaffiq has directed that the assessee, Cognizant Technology, make a payment of Rs. 1500 crores in cash or give a letter to the bank to remit Rs. 1500 crores to the credit...
Revenue Cannot Beat Around The Bush, Keep Changing Goal Post At Each Stage: Allahabad High Court Quashes Detention Order
The Allahabad High Court has held that stand taken by revenue in the detention order cannot be changed in the subsequent show cause notice in proceedings arising out of same detention of goods.While quashing the detention order and consequential proceedings, the bench comprising of Justice Siddhartha Varma and Justice Shekhar B. Saraf held “It is trite law, settled by a catena of Supreme...
Once Initiation Of Proceedings Itself Is Bad, Consequential Proceedings Automatically Fails: Allahabad HC
The Allahabad High Court has held that once the initiation of proceedings is bad in law, all consequential proceedings shall fail.While dealing with recovery without show cause notice under the Excise Act, Justice Piyush Agrawal held“Once the initiation of the proceedings itself is bad, the consequential proceedings automatically fails in the eyes of law.”Certain samples were drawn by...
Tax Cases Weekly Round-Up: 17 To 23 December, 2023
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...
Tamil Nadu Extends Due Date For Furnishing Monthly Return In Form GSTR-3B For November 2023 Due To Michaung Cyclone
The Tamil Nadu government has extended the due date of 20th December 2023 for furnishing the monthly return in Form GSTR-3B for the month of November 2023 due to the Michaung Cyclone.The Government of Tamil Nadu has undertaken extensive relief measures to mitigate the severe impact of the Michaung cyclone on 04th and 05th December 2023.“As a relief measure to the mercantile public,...
ITAT Deletes Addition On Availing Accommodation Entries In Shape Of LTCG As It Was Not Recorded In Books Of Accounts
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.The bench of Vijay Pal Rao (Judicial Member) and B.M. Biyani (Accountant Member) has observed that once the assessee has denied the alleged transaction and it is also not found recorded...
Service Tax Not Payable When Public Funded Research Institutions Like IIT Receive Grants From Govt: CESTAT
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.The bench of P. Dinesha (Judicial Member) and Vasa Seshagiri Rao (Technical Member) have observed that service tax is not payable...
CBIC Extends Deadline For Filing FORM GSTR-3B For November 2023 Until December 27, 2023
The Central Board of Indirect Taxes And Customs (CBIC) has extended the deadline for filing FORM GSTR-3B for November 2023 until December 27, 2023.As suggested by the Council under section 39(1) and rule 61(1)(i) of the Central Goods and Services Tax Rules, 2017, the extension is applicable to registered individuals having their principal place of business in certain districts of Tamil...
Limitation Period To Pass Fresh Assessment Order Expired: Delhi High Court Accepts Returned Income For 12 Years
The Delhi High Court has accepted the returned income for 12 years as the limitation period to pass a fresh assessment order has expired.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the time limit fixed as per Section 153(2)(A) of the Income Tax Act or the time limit fixed by the amended provision, i.e., Section 153(3), as of today, the AO is bereft...
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.The bench of Justice S.Srimathy has observed that since it was a high-pitched assessment, the petitioner has sought a video conference hearing. Therefore, the non-granting of opportunity was clearly a violation of the principles of...
Karnataka High Court Directs NFAC To Refund Rs.29.30 Cr. With Interest To Myntra
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.The bench of Justice B. M. Shyam Prasad has observed that if indeed a reference to the transfer pricing officer is under investigation, it would suffice for this Court to observe that if the...
