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2020-TIOL-NEWS-246| October 17, 2020
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INCOME TAX

2020-TIOL-1738-HC-AHM-IT

Pr.CIT Vs Shitalben Saurabh Vora

On appeal, the High Court observes that the Tribunal reduced the quantum of penalty since the duty demand raised against the assessee had been reduced as well. Hence it finds no grounds to interfere with the findings of the Tribunal.

- Revenue's appeal dismissed: GUJARAT HIGH COURT

2020-TIOL-1737-HC-KAR-IT

CIT Vs Brigade Enterprises Ltd

On appeal, the High Court finds that the issues raised by the Revenue stand settled in a judgment passed by this very court, wherein such issues were settled in favor of the assessee and against the Revenue. Hence the court disposes of the present appeal accordingly. - Revenue's appeal dismissed: KARNATAKA HIGH COURT

2020-TIOL-1736-HC-MAD-IT

CIT Vs Jgadeesan Sangeetha Lavanya

Whether the guideline value of a property is fixed by the Government for computing Stamp Duty payable on an instrument & such guideline value would not reflect the market value of the property - YES: HC Whether therefore power of revision exercised to upscale the value of a certain property by considering such enhanced guideline value fixed by the Government, is sustainable - NO: HC

- Revenue's appeal dismissed: MADRAS HIGH COURT

2020-TIOL-1232-ITAT-DEL

CLC Textile Park Pvt Ltd Vs ITO

Whether the AO is required to specify which limb of Section 271 (1)(c), the penalty proceedings have been initiated - YES : ITAT

- Assessee's appeal allowed: DELHI ITAT

2020-TIOL-1231-ITAT-DEL

Deluxe Alloys Pvt Ltd DCIT

Whether if there is non-production of assessment records especially proof of service of notice issued u/s 143(2) of the Act by the Department then it requires thorough investigation at the level of the AO - YES: ITAT

- Assessee's appeal allowed: DELHI HIGH COURT

2020-TIOL-1230-ITAT-MUM

Anand I Power Ltd Vs DCIT

Whether if the assessee through proper evidence proves that the TDS liability is incurred by it as per contractual obligation, then such expenditure is to be allowed - YES: ITAT

- Assessee's appeal allowed: MUMBAI ITAT

2020-TIOL-1229-ITAT-MUM

DCIT Vs Atlanta Ltd

Whether the entire purchases cannot disallowed and only the profit element embedded in purchases can be considered for disallowance in case of bogus purchases - YES : ITAT

- Revenue's appeal dismissed: MUMBAI ITAT

2020-TIOL-1228-ITAT-JAIPUR

ITO Vs AP Gems

Whether additions framed on the basis of information received from DIT (Investigation), are sustainable, given that such authority does not qualify as an external source in the nature of law enforcement agencies such as CBI, ED, DRI or SFIO - NO: ITAT

- Revenue's appeal dismissed: JAIPUR ITAT

 
MISC CASE
2020-TIOL-1735-HC-MAD-VAT

Inspired Foods Vs CTO

Whether where the Revenue is of the opinion that the assessee had wrongly claimed ITC, the only option available to the Revenue would be to reverse such ITC, rather than changing the classification under which the assessee was operating - YES: HC

- Assessee's writ petition allowed: MADRAS HIGH COURT

 
INDIRECT TAX

SERVICE TAX

2020-TIOL-1522-CESTAT-MUM

Induslnd Bank Ltd Vs CST

ST - CENVAT - Rule 2(l) of CCR, 2004 - Input Service - Assessee appellant is engaged in the business of providing Banking and Other Financial Service (BOFS) - Issue involved pertains to eligibility of Cenvat Credit of service tax paid on the insurance service received by the bank from the Deposit Insurance and Credit Guarantee Corporation (DICGC).

Held: Larger Bench of the Tribunal in the case of  South Indian Bank - 2020-TIOL-861-CESTAT-BANG-LB has held that the insurance service provided by the Deposit Insurance Corporation to the banks is an "input service" and CENVAT credit of service tax paid for this service received by the banks from the Deposit Insurance Corporation can be availed by the banks for rendering 'output services' - Since the issue is no more res integara, the appeal filed by the appellant assessee is allowed by setting aside the impugned order: CESTAT [para 5, 6]

- Appeal allowed: MUMBAI CESTAT

 

 

 

 

CENTRAL EXCISE

2020-TIOL-1523-CESTAT-KOL

Koomsong Tea Estate Vs CCE

CX - Notification No. 33/99-CE, dated 08.07.1999 - Only issue that needs to be decided in the instant appeals is whether the benefit of refund can be denied on the ground of limitation when other substantive requirement of expansion in the installed capacity has been complied with, which is not in dispute.

Held: The issue came up for consideration before the Tribunal in the case of Vernerpur Tea Estate vs. CCE, Shillong = 2016-TIOL-724-CESTAT-KOL which was decided against the assessee on the ground of limitation since refund claim was filed after a period of 6 years - Said decision was challenged before the Gauhati High Court wherein the Court allowing the appeal of the assessee observed that appellant having been once found to be eligible for exemptions and refund of duty paid, denial of benefit of exemptions and refund on the ground of delay will cause grave injustice which cannot be permitted; that even otherwise, it is well settled law that non-following of procedural requirement cannot deny the substantive benefit, otherwise available to the assessee - decision of the Gauhati High Court in the case of Vernerpur Tea Estate rendered on the subject notification No. 33/99-CE, being directly on the point, has to be respectfully followed in the instant case inasmuch as the basic criterion of increase in the installed capacity has been duly fulfilled by the appellant and therefore, there is no reason to deny the refund - impugned orders are set aside and the appeals are allowed with consequential relief: CESTAT [para 7, 9]

- Appeals allowed: KOLKATA CESTAT

 

 

 

 

 

CUSTOMS

2020-TIOL-1521-CESTAT-DEL

Swastik Cargo Agency Vs CC

Cus - The assessee, a Customs Broker has filed the appeal against impugned order revoking the Customs broker's licence of assessee alongwith order of forfeiture of security deposit of Rs.5 lakhs - The appeal has been filed on 29.08.2019 - The date of receipt of impugned order is mentioned as 28.10.2018 - Thus, the normal limitation expired on 28.01.2019 - Thus, there is a delay of about 212 days in filing of appeal - In the impugned order the Customs Broker licence has been revoked leading to loss of livelihood of assessee - Further, it has been explained that there is no deliberate delay or latches on the part of assessee and the delay was caused due to mix-up of documents of assessee with the files of other clients in the office of the Counsel - It is just and proper to condone the delay, in the interest of justice - Accordingly, the COD application is allowed, subject to payment of cost of Rs.5,000/- in "Prime Minister Cares Fund": CESTAT

- Application allowed: DELHI CESTAT

 

 

 

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ORDER
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NOTIFICATION
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Land Customs station and routes for import and export of goods by land - Bhutan - Jaigaon - route added - Asian Highway 48 connecting Torsha tea garden in India and Ahllay in Bhutan

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Anti-dumping duty on Front Axle Beam, Steering Knuckles for medium or heavy commercial vehicle, imported from PR China - levy extended till 30th November 2020

 
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