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Can Excise Department Levy Penalty on Director for Company's Procedural Lapse i…
Schurter Electronis paid the required duty but missed getting DTA clearance permission. For this, the Excise Department imposed a ₹1 lac penalty on its director under Rule 26. Was the department's decision justified? The Tribunal, however, ruled aga…
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Justice should never get sidelined by Mere technicalities - CESTAT Halts Legali…
CESTAT overturns the Commissioner (Appeals) Central Goods & Services Tax, Noida's decision, emphasizing justice over a 23-day delay in appeal filing. Drawing from Supreme Court and Madras High Court precedents, CESTAT underscores the importance of s…
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ITAT Specifies - What Giving Fair Hearing Opportunity Practically Means?
The Income Tax Appellate Tribunal (ITAT) emphasized that the tax officer can't deny registration under Section 12 of the Income Tax Act without providing the assessee a reasonable opportunity to be heard. In this case, even though the assessee was g…
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Are Buildings Used for Car Parking Exempt from Service Tax?
In a significant ruling by CESTAT Chennai, buildings or parts of land utilized for car parking won't bear the burden of Service Tax under Section 65(105)(zzzz) of the Finance Act, 1994. Brookefields Estates Private Limited, after paying Service Tax …
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"High Court of Gujarat Quashes Income Tax Warrant; Assessee Challenges Search &…
The Gujarat High Court annulled a warrant issued under Section 132 of the Income Tax Act on 22.02.2019, rendering subsequent actions based on the warrant void. The respondent (Assessee) contested the search and seizure authorization, deeming it a ba…
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Why Gaming PCs are classifiable under automatic data processing machines, thus …
The CESTAT Chennai recently ruled on the classification of 'Computer System Desktops' marketed as gaming PCs. Asus India Private Limited imported these systems under CTH 84713090. However, the Revenue re-classified them under CTH 9504 5000, consider…
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Is Your CIT(A) Order Truly Based on Merits? ITAT Calls for Re-Adjudication
The Income Tax Appellate Tribunal (ITAT) has directed a re-adjudication, emphasizing the need for the Commissioner of Income Tax (Appeals) [CIT(A)] to pass orders based on merits. The Tribunal's intervention came after observing that the CIT(A) had …
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Inter-State Goods Sale: No VAT Deduction on Works Contract
The Patna High Court ruled in favor of PCM Cement Concrete Pvt Ltd against the Union of India, stating that transactions purely representing inter-state sales of goods are not subject to VAT deductions under works contracts. The court emphasized tha…
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CESTAT Rules Building Construction with Material as 'Works Contract Service'
The Ahmedabad bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has clarified that the service of construction of new buildings or civil structures, when provided with material, falls under the category of 'works contract serv…
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CESTAT Ahmedabad Calls for Re-adjudication Over Unprovided Verification Report
CESTAT Ahmedabad has directed a re-adjudication in the case involving Senor Metals Pvt Limited and the Commissioner of Central Excise & ST. The core issue was the demand of customs duty for manufacturing dutiable goods on a job work basis without pr…
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No Penalty for Estimations Using Peak Credit Theory.
The ITAT Chennai, in the case of Edward Sam Vs. Income Tax Officer, has emphasized the non-applicability of penalties under section 271(1)(c) when income adjustments are made using the peak credit theory. Edward Sam faced an addition under section 6…
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Your Assessment Order Needs Prior Show Cause Notice.
The Delhi High Court recently emphasized the significance of procedural due diligence in taxation matters. In a case involving SB Distributors, the court ruled that the income revision initiated by the Income Tax Officer (ITO) under section 147 was …
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When Your Demonetized Cash Deposit Faces Legal Scrutiny: Understanding the ITAT…
Income Tax,Aug. 08, 2023SAP Medicals (P) Ltd faced an ITAT inquiry over a cash deposit of ₹39,74,500 during the demonetization period. The deposit, accepted from various hospitals in demonetized currency, violated demonetisation provisions. The Assessing Officer's failure to investigate this aspect led to the invocation of Section 263 of the I.T. Act, a decision upheld by the ITAT.
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Your Re-Assessment Notice: Why It's Crucial for Tax Officers to Detail Their Id…
Income Tax,Aug. 08, 2023The Delhi High Court recently invalidated a re-assessment order against Jindal Exports and Imports Private Limited. The crux? The order, issued under Section 148A(b) of the Income Tax Act, failed to mention the issuing officer's name and designation, a violation of Section 282A of the Act. This oversight emphasizes the importance of transparency and adherence to procedural norms in tax matters.
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Imported Computers for Educational Institutions: Assessment Under Section 4's T…
Customs & Excise,Aug. 08, 2023When Acer India Pvt. Ltd. imported notebook computers for an educational institution, they initially assessed the bill of entry based on Retail Sale Price (RSP). However, realizing that the goods were not intended for retail sale, they sought reassessment under the normal transaction value. This led to a legal tussle, with the Customs, Excise, and Service Tax Appellate Tribunal eventually ruling in favor of Acer, emphasizing the importance of corre…
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Your Delayed EPF, ESIC Payments are because of EPF, ESIC Site Downtime? ITAT Un…
Income Tax,Aug. 07, 2023The Income Tax Appellate Tribunal (ITAT) Indore recently ruled in favor of Devendra Singh Chauhan, who faced disallowance for delayed deposits of EPF and ESIC Employee Contribution due to the non-working EPF and Employee State Insurance Corporation (ESIC) site. The ITAT recognized that the delays caused by the non-functioning ESIC site were beyond the control of the taxpayer. As a result, the tribunal deleted the corresponding additions made by the…
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What if Tax Officer Denies 43B Expenses Paid After Tax Audit Report Date but Be…
Income Tax,Aug. 07, 2023The Income Tax Appellate Tribunal (ITAT) in Chandigarh addressed a complex issue in "Eastman Exports Private Limited Vs DCIT." The dispute involved tax deductions of Rs. 17,53,799/- under section 43B for bonuses paid after the tax audit report date but before the ITR filing date. The ITAT directed a re-evaluation by the Assessing Officer (AO), emphasizing the need to verify the actual date of the audit report and the timing of payments.
Under PMLA, Your Police Investigation Has Boundaries: Orissa HC Weighs In
The Orissa High Court, in the case "Gangadhar Chhatria Vs State of Odisha," clarified the boundaries of police investigation under the Prevention of Money Laundering Act (PMLA). The court emphasized that the police cannot probe matters or submit complaints to the Special Court under PMLA without specific authorization. This decision underscores the importance of due process and the need for proper permissions before actions affecting individuals ar…
Anti Money Laundering,Aug. 07, 2023-
ITC Claims on Demonstration Vehicles: A GST Perspective
Goods & Services Tax,Aug. 07, 2023The GST AAR Telangana has provided clarity on the eligibility of availing input tax credit (ITC) for demonstration vehicles. Sai Service Pvt. Limited, an authorized car dealer, sought to understand the nuances of claiming ITC on these vehicles. The ruling emphasized conditions under which ITC can be availed, shedding light on the intricacies of Sections 16(1) and 17(5) of the CGST Act.
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ITAT Delhi Rules in Favor of Anuj Sood Over Marriage Gifted Jewellery valuing u…
Income Tax,Aug. 07, 2023The Income Tax Appellate Tribunal (ITAT) Delhi has given a favorable verdict to Anuj Sood concerning jewellery received as gifts during his marriage. Previously, an addition of Rs. 73,87,343 was made by the Assessing Officer under sections 69B and 115BBE of the Income Tax Act, 1961, categorizing the jewellery as unexplained. However, after considering various factors, ITAT deleted the addition.
CENVAT Credit Upheld for Input Services
Customs & Excise,Aug. 07, 2023A recent ruling has confirmed that CENVAT credit cannot be denied for input services used for output service. The decision underscores the principle that such credit is a substantive right and cannot be denied due to the nature of the service.
CENVAT Credit Greenlit for Spray Drying Plant Services
A recent ruling has affirmed that CENVAT credit can be claimed for the erection and commissioning services of a spray drying plant. The decision reinforces the principle that such credit is a substantive right and cannot be denied due to the nature of the service.
Customs & Excise,Aug. 07, 2023-
Customs & Excise , Aug. 05. 2023The Tax Implications of Universal Joints in Transmission Shafts.
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Income Tax , Aug. 02. 2023High Court Overturns Posthumous Assessment Order Under IT Act's Section 148A(b)
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Customs & Excise , Aug. 04. 2023Decoding the Sterling Agro Vs Customs Confiscation Ruling
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Goods & Services Tax , Aug. 04. 2023Book Adjustments: A New Perspective on GST Payments
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