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2021-TIOL-NEWS-011| January 13, 2021

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INCOME TAX

2021-TIOL-97-HC-MAD-IT

Spero Foundation Pvt Ltd Vs DCIT

On appeal, the High Court acknowledges the assessee's request to settle the matter under the Direct Tax Vivad Se Vishwas Scheme. Hence the court finds no reason to keep the appeal pending.

- Assessee's appeal disposed of: MADRAS HIGH COURT

2021-TIOL-96-HC-MAD-IT

CIT Vs Original Kerala Jewellers

On appeal, the High Court acknowledges the assessee's request to settle the matter under the Direct Tax Vivad Se Vishwas Scheme 2020. Hence the court finds no reason to keep the appeal pending.

- Revenue's appeal disposed of: MADRAS HIGH COURT

2021-TIOL-95-HC-MAD-IT

M Baskaran Vs ACIT

On appeal, the High Court acknowledges the assessee's request to resolve the matter under the Direct Tax Vivad Se Vishwas Act 2020. Hence the court finds there to be no reason to keep the present appeal pending.

- Assessee's appeal disposed of: MADRAS HIGH COURT

2021-TIOL-94-HC-MAD-IT

CIT Vs J Ashok Kumar

On appeal, the High Court acknowledges the assessee's request to have the matter resolved under the Direct Tax Vivad Se Vishwas Scheme 2020. Hence the court finds no grounds to keep the present appeal pending.

- Revenue's appeal disposed of: MADRAS HIGH COURT

2021-TIOL-80-ITAT-MUM

Grasim Industries Ltd Vs DCIT

Whether the AO should provide with notice/intimation to assessee to avail the opportunity of approaching Higher Forum, before resorting to coercive measures for recovery of demand - YES: ITAT

Whether when the powers of recovering the disputed taxes are with the AO and when, according to him, there are no fetters imposed on the exercise of such powers, it cannot be open to him to ask anyone else to direct him to exercise these powers - YES: ITAT

- Assessee's stay application dismissed: MUMBAI ITAT

2021-TIOL-79-ITAT-DEL

Sayar Devi Baid Vs ITO

Whether where the assessee's business has been accepted by the AO by acceptance of the assessee's returns of income, then the AO cannot doubt the source of cash income generated from such business - YES: ITAT

- Assessee's appeal allowed: DELHI ITAT

2021-TIOL-78-ITAT-DEL

Multiwal Duplex Pvt Ltd Vs DCIT

On appeal, the Tribunal held that finds that the CIT(A) did not give categorical findings on merits and dismissed the assessee's appeal without giving opportunity of personal hearing. Hence the Tribunal remands the matter to the CIT(A) for re-consideration.

- Case remanded: DELHI ITAT

2021-TIOL-77-ITAT-DEL

Delhivery Pvt Ltd Vs ACIT

Whether appeal can be dismissed as withdrawn as assessee has filed declaration under Vivad Se Vishwas Scheme - YES : ITAT

- Assessee's appeal dismissed: DELHI ITAT

2021-TIOL-76-ITAT-MUM

Indian Beauty & Hygiene Association Vs ITO

Whether where the income derived by an entity engaged in charitable activities, from commercial activity is incidental to carrying out the charitable objects, such entity's activities will be regarded as charitable purpose - YES: ITAT

- Case remanded: MUMBAI ITAT

2021-TIOL-75-ITAT-MUM

Dhanraj Raut Vs ACIT

Whether when the amendment is effective from AY 2015-16, the assessee is entitled to exemption u/s 54F on multiple flats in one building, spread over three floors - YES: ITAT

- Assessee's appeal allowed: MUMBAI ITAT

2021-TIOL-74-ITAT-MUM

ITO Vs Neeraj Trading Company

Whether it is fit case for remand where the CIT(A) omits to consider a certain issue raised in respect of input VAT duty available for setting off against output VAT duty - YES: ITAT

- Revenue's appeal allowed: MUMBAI ITAT

2021-TIOL-73-ITAT-MUM

Vemb Lifestyle Pvt Ltd Vs ACIT

Whether additions framed in respect of bogus purchases merit being upheld where the assessee does not discharge burden of establishing genuineness of purchases & notices to sellers issued u/s 133(6), elicited no response & where the assessee did not ensure presence of such sellers - YES: ITAT

- Assessee's appeal dismissed: MUMBAI ITAT

2021-TIOL-72-ITAT-CHD

Ayali Kalan Cooperative Agriculture Multipurpose Society Ltd Vs ITO

Whether penalty can be imposed when there is no intention to evade tax, rather deduction is claimed in a mistaken belief by Co-operative Society - NO : ITAT

- Assessee's appeal allowed: CHANDIGARH ITAT

2021-TIOL-71-ITAT-BANG

ACIT Vs Sudeep Sanjeev

Whether reopening of assessment can be made on the basis of discrepancy pointed out in audit objection when the appeal for original assessment is already pending before the CIT(A) - NO: ITAT

- Revenue's appeal dismissed: BANGALORE ITAT

 
GST CASES

2021-TIOL-05-SC-GST-LB

Nodal Officer Delhi State GST Department Vs Aagman Services Pvt Ltd

GST - TRAN-1 - The petitioner had claimed transitional credit in terms of Section 140 of CGST Act - The Petitioner was unable to file TRAN-1 for reasons beyond its control due to technical glitches in the system - When the matter reached the High Court, it was held that although the failure was on the part of the petitioner to enter the GST input credit in the wrong column of the TRAN-1, the error was inadvertent and bona fide - The High Court directed the Department to either open the online portal so as to enable the petitioner to file the Form TRAN-1 electronically, or to accept the same manually.

Held - There is no merit in the Special Leave Petition filed by the Revenue & the same is dismissed on grounds of delay as well as on merits: SC

- Revenue's SLP dismissed: SUPREME COURT OF INDIA

2021-TIOL-25-AAR-GST

Sparsh OHC Manpower Service

GST - Service of supply of doctor, nursing staff, ambulances and other administrative staff to the corporate entity for medical care of their (corporate entity) staff does not get covered under the Sr. No.74 of exemption Notification No. 12/2017 -CTR - Therefore, the said services of the applicant do not qualify under the definition of 'healthcare service' - Further, applicant's office/ establishment does not get qualified under the definition of 'clinical establishment' given in the para ( zg ) and (s) respectively of Notification No. 12/2017 -CTR - Held that the services provided by the applicant are taxable under GST: AAR

- Application disposed of: AAR

2021-TIOL-24-AAR-GST

Sterling Biotech Ltd

GST - It is an admitted fact that the product being supplied by the applicant cannot be directly administered in a human being - The concessional rate of GST is applicable only to the medicine or drugs, which are ready for administering in the human being or person - In the instant case, the applicant supplies bulk drug to their customers and hence the said bulk drug becomes raw material to the said customers - The applicant contention is that their bulk drug i.e. Danuorubicin , Epirubicin , Idarubicin and Zoledronin Acid is covered under the entry No. 180 of Not. No. 01/2017-CT (Rate) dated 28.06.2017 and eligible for concessional rate of GST - In the said entry No. 180 of said Notification word "Bulk Drugs" would have been included, had the intention of the Government been to extend the benefit of concessional rate to the bulk drugs/raw material - Therefore 5% GST is not applicable to the bulk drug Danuorubicin , Epirubicin , Idarubicin and Zoledronin Acid, in terms of List I to Entry No. 180 of Schedule I to the Notification No. 1/2017-Central Tax (Rate), dated 28-6-2017: AAR

- Application disposed of: AAR

2021-TIOL-23-AAR-GST

Vikram A Sarabhai Community Science Centre

GST - Applicant Vikram A Sarabhai Community Science Centre is conducting programmes for children to nurture their curiosity through hands-on experiences; Developing and conducting mobile science exhibitions; Facilitating schools in developing science activity centre and science playground; Conducting science based events, workshops, programs either funded or non-funded; Enriching sessions for groups visiting the Centre; Facilitating school children for performing experiments; Providing necessary guidance for school projects; Training workshops in Science and Mathematics for teachers; Developing, Trading & Selling teaching and learning material, kits and publications - Applicant is not entitled for exemption in respect of any activity undertaken by them, under the said Entry Nos. 1, 13 & 80 of the of the exemption Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017, as amended, granting exemption to an entity registered under Section 12AA of the Income Tax Act, 1961 - applicant is liable to pay GST on all the activities carried out by the applicant as mentioned in foregoing para and, consequently, required to obtain GST registration for said taxable services provided by them: AAR

- Application disposed of: AAR

 

2021-TIOL-22-AAR-GST

Jainish Anantkumar Patel

GST - Delivery by the applicant of Supari in grated form of cut in different shape in a separate pouch packing & Lime (Chuno) in a separate packing & Tobacco (Chewing Tobacco) in a separate packing and all the three items together in a single transparent plastic pouch to the customers will be considered as a 'composite supply of goods' as per the definition under Section 2(30) of the CGST Act, 2017 with the principal supply of 'Chewing Tobacco' falling under Tariff item 2403 9910 - 'Chewing Tobacco' appears at Sr.No.15 of Schedule-IV of the Notification No. 01/2017-Central Tax (Rate) on which GST liability is 28% - The said product also appears at Sr.No.26 of Notification No. 01/2017- Compensation Cess (Rate) under which a Compensation Cess of 160% is leviable on it - Also, as per Section 136 of the Finance Act, 2001, a National Calamity Contingent Duty (NCCD) of 10% is leviable on chewing tobacco as per the Seventh Schedule to the Finance Act, 2001: AAR

- Application disposed of: AAR

2021-TIOL-21-AAR-GST

Navpad Plastic

GST - HSN code of grinding of plastic depends upon the type of polymers in primary forms of the heading 3901 to 3914 and GST rate would be 18% as per the entry No. 100 and 101 of Notification No. 01/2017-CT (Rate) : AAR

- Application disposed of: AAR

2021-TIOL-20-AAR-GST

Narendraku Marmanilal Patel

GST - Goods viz. Urine Collection bags supplied by the applicant are covered under Serial No. E(8) of List 3 of Entry 257 of Schedule I of Notification No. 01/2017-Central Tax (Rate) dated 28.06.2017; attracts GST @5%: AAR

- Application disposed of: AAR

2021-TIOL-19-AAR-GST

Jay Khodiyar Agency

GST - PAPAD ['Un-fried Fryums'] of different shapes and sizes manufactured/ supplied by the applicant is classifiable under Tariff Item 2106 90 99; attracts GST 18% as per Sl. No. 23 of Schedule III of Notification No. 1/2017-CTR : AAR

- Application disposed of: AAR

2021-TIOL-18-AAR-GST

Sanstar Biopolymers Ltd

GST - 'Maize Bran' manufactured and supplied by the applicant is not a 'cattle feed' and hence, is not covered under Entry at Sr.No.102 (Nil rate) of the Notification No. 2/2017 -CTR but it will fall under the Entry at Sr.No.103A of the Notification No. 1/2017 -CTR and is chargeable to GST @ 5%: AAR

- Application disposed of: AAR

 
INDIRECT TAX

2021-TIOL-34-CESTAT-KOL

Indian Institute for Production Management Vs CCE, C & ST

ST - The Miscellaneous Applications have been filed by assessee seeking clarification on Final Order in 2020-TIOL-312-CESTAT-KOL - The clarification sought for by assessee is wholly unnecessary for the reason that on a bare perusal of Para 8 and 9 of Final order alongwith Para 12 and 13 thereof, it is amply clear that the Service Tax demand of Rs.19,02,103/- on reimbursable expenses for the period of October, 2001 to March 2006 is already set aside and further in respect of Service Tax demand of Rs.78,12,418/- for the period of 01.07.2003 to 31.03.2008 under category of Commercial Coaching or Training service, the assessee is extended the benefit of exemption under Notfn 9/2003-ST and Notfn 24/2004-ST - Further, on limitation, it is held that demand upto March, 2006 is barred by normal period of limitation - When the tax demand for the entire period in dispute has already been set aside and benefit of exemption under said Notfns has been extended on merits, no demand survives and while dealing with the contentions of assessee, on points of limitation, it has been held that demand upto March, 2006 is barred by limitation - No confusion found in the final order passed by Tribunal: CESTAT

- Misc application disposed of: KOLKATAT CESTAT

 
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NOTIFICATION

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Jurisdiction of Central Tax Officers - Notification 2/2017-CT further amended

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CBDT notifies Faceless Penalty Scheme 2020

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CBDT clarifies upon penalty procedure in Faceless Assessment Scheme

 
ORDER

Office Order 13

CBDT posts three IRS officers as OSD in Board

 
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