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2021-TIOL-NEWS-033| February 09, 2021
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INCOME TAX

2021-TIOL-96-SC-IT

Pr.CIT Vs Vibhadeep Investment And Trading Ltd

In writ, the Supreme Court dismisses the SLP on grounds of delay.

- SLP dismissed: SUPREME COURT OF INDIA

2021-TIOL-95-SC-IT

Sunil Thomas Vs ITO

In writ, the Supreme Court observes there to be a delay of 1233 days in filing the present SLP and that the explanation given for such delay is unsatisfactory. Hence it dismisses the SLP on limitation.

- SLP dismissed/In favor of Revenue: SUPREME COURT OF INDIA

2021-TIOL-94-SC-IT

Pr.CIT Vs Gujarat Alkalies And Chemicals Ltd

In writ, the Supreme Court directs that notice be issued in respect of the SLP, returnable on 19.03.2021. It further directs that the matter be listed for hearing along with Civil Appeal No.5524 of 2017 and SLP (Civil) No.13284 of 2020.

- Case deferred: SUPREME COURT OF INDIA

2021-TIOL-93-SC-IT

Pr.CIT Vs Destimoney India Services Pvt Ltd

In writ, the Supreme Court directs that notice be issued to the parties concerned.

- Notice issued: SUPREME COURT OF INDIA

2021-TIOL-309-HC-DEL-IT

Pr.CIT Vs Krishna Devi

Whether addition u/s 68 can be made when AO has not done any investigation on the claim of bogus LTCG and proceeded merely on the basis of financials of the other company - NO: HC

- Revenue's appeal dismissed: DELHI HIGH COURT

2021-TIOL-308-HC-AHM-IT

Gopalbhai Babubhai Parikh Vs Pr.CIT

Whether exemption u/s 10(10C) of the I-T Act is available in respect of amount received by an assessee upon early retirement from employer company - YES: HC

- Assessee's writ petition allowed: GUJARAT HIGH COURT

2021-TIOL-255-ITAT-MUM

CIT Vs Mega Fine Pharma Pvt Ltd

Whether weighted deduction u/s 35(2AB) can be allowed even when the assessee has failed to prove that they were applied for the Form 3CM in the year under consideration - YES: ITAT

- Revenue's appeal dismissed: MUMBAI ITAT

2021-TIOL-254-ITAT-MUM

Dilip S Dahanukar Vs ACIT

Whether appeal of assessee should not be decided on merits as assessee's legal heirs has already filed application under Vivad-Se- Vishwas Scheme - YES : ITAT

- Assessee's appeal dismissed: MUMBAI ITAT

2021-TIOL-253-ITAT-MUM

Currimbhoy Ebrahim Khoja Orphanage Vs CIT

Whether dividend income being exempt u/s 10(34) cannot be taxed applying Ss 11 to 13 and amended provision restricting this exemption is applicable only from AY 2015-16 - YES : ITAT

- Assessee's appeal partly allowed: MUMBAI ITAT

2021-TIOL-252-ITAT-DEL

Vijay Singh Vs ITO

Whether it is a fit case for remand where the CIT(A) frames additions in respect of certain cash deposits, without considering certain evidence framed by the assessee to substantiate such deposits made - YES: ITAT

- Case remanded: DELHI ITAT

2021-TIOL-251-ITAT-KOL

Rungta Cements Pvt Ltd Vs DCIT

Whether penalty u/s 271(1B) can be imposed when there is non-compliance of the notice u/s 142(1) by the Revenue - NO: ITAT

- Assessee's appeal allowed: KOLKATA ITAT

2021-TIOL-250-ITAT-CHD

DCIT Vs Unipro Techno Infrastructure Pvt Ltd

Whether deduction u/s 80IA can be allowed when nature of work carried out by the assessee was actually in the nature of works contract - YES: ITAT Whether disallowance u/s 14A can be made when there is no exempt income - NO: ITAT

- Revenue's appeal dismissed: CHANIDGARH ITAT

 
MISC CASE

2021-TIOL-98-SC-VAT-LB

CCT Vs Ramco Cements Ltd

In writ, the Larger Bench of the Supreme Court directs that notice be issued to the parties and that the matter be posted for hearing on Feb 17, 2021.

- Case deferred: SUPREME COURT OF INDIA

2021-TIOL-97-SC-VAT-LB

Tax Bar Association Vs State of Maharashtra

In writ, the Larger Bench of the Supreme Court requests the High Court to hear the matter on the date it is listed.

- Writ petition disposed of: SUPREME COURT OF INDIA

2021-TIOL-302-HC-DEL-VAT

Vee Ess Sales Pvt Ltd Vs Commissioner of Delhi GST

In writ, the High Court observes there to be no purpose in keeping the present petition pending. Hence it directs the Revenue authority concerned to allow the assessee to amend in its return of Third Quarter for the relevant FY and issue segregated and separate Form C. However, the Court also directs that these rulings be kept in abeyance till the Civil Appeals pending before the Apex Court are disposed of.

- Assessee's writ petition disposed of: DELHI HIGH COURT

 
INDIRECT TAX

2021-TIOL-80-CESTAT-KOL

Bharat Alloys Pvt Ltd Vs CCE

CX - Assessee is in appeal against impugned order by which the Commissioner (A) has upheld the order of adjudicating authority except modification for imposition of penalty - Revenue's case is that the assessee is a manufacturer of various excisable goods and were making use of facility of Cenvat Credit - During the month of December 2007, the said noticee had defaulted in duty payment for clearances made - Further, on scrutiny of ER-1 returns of said noticee for the months of February, 2008 and March, 2008, it was found that they had not paid the aforesaid defaulted duty amount for clearances effected during December 2007 within 30 days of the due date, which was 05.02.2008 - Moreover, the said noticee continued to make clearances without payment of consignment-wise duty at the time of removal - This resulted in default in payment of Central Excise Duty - The Revenue was of the view that during the default period, assessee was required to make payment of Central Excise duty on consignment to consignment basis, in cash, without making use of the credit accumulated in Cenvat account on the removals of excisable goods made during 05.02.2008 to 11.03.2008 - Citing the Rule 8(3A), a SCN was issued proposing to demand payment of Central Excise duty in cash - The jurisdictional High Court in case of Goyal MG Gases Pvt. Ltd. has followed the decision of Gujarat High Court in Indsur Global Ltd. 2014-TIOL-2115-HC-AHM-CX and has held the portion of Rule 8(3A) as ultra vires - By following the decision of jurisdictional High Court, there is no bar in making use of accumulated Cenvat Credit in making payment of Central Excise duty even during default period - In the result, the impugned order is set aside: CESTAT

- Appeal allowed: KOLKATA

2021-TIOL-79-CESTAT-DEL

Alcatel Lucent India Ltd Vs CST

ST - The appellant has filed the appeal against impugned order that has denied CENVAT Credit on service tax received from sub-contractors and also on the service tax paid by appellant on import of services under reverse charge mechanism - The Commissioner has denied CENVAT Credit on services received from sub-contractors because of clarification contained in Master Circular dated August 23, 2007 - This observation of Commissioner in impugned order is not only factually incorrect because a bare perusal of agreement indicates that only a part of work was assigned to the sub-contractor, but even otherwise the Circular cannot be restricted to a case where part of whole work is performed by sub-contractor - The issue stands decided in favour of appellant in matter of appellant for a subsequent period from 2014 to 2015, where the Commissioner placed reliance on Circular dated August 23, 2007 - The Commissioner was not justified in denying CENVAT Credit to the appellant on services received from the sub-contractor - The second issue is regarding denial of CENVAT credit on service tax paid by appellant on import of service under reverse charge mechanism for the period prior to April 18, 2006 - In view of the decisions of Tribunal in 3M India Ltd. 2017-TIOL-77-CESTAT-BANG as also Aditya Birla NOVO Ltd. 2016-TIOL-576-CESTAT-MUM , it has to be held that the Commissioner was not justified in denying CENVAT credit on the service tax paid by the appellant on import of services for the period prior to April 18, 2006 - Thus, it is not possible to sustain the impugned order to the extent it denies CENVAT Credit on services received from sub-contractors and on service tax paid by appellant on import of services under reverse charge mechanism prior to April 18, 2006 - This part of the order of Commissioner is, accordingly, set aside: CESTAT

- Appeal allowed: DELHI CESTAT

 

 

 

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BUDGET ANALYSIS

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