2021-TIOL-414-HC-KAR-IT

Pr.CIT Vs Sterling Developers Pvt Ltd

Whether disallowance u/s 14A r/w Rule 8D can be framed where assessee does not earn any dividend or exempt income in the AY immediately preceding the relevant AY - NO: HC

- Revenue's appeal dismissed: KARNATAKA HIGH COURT

2021-TIOL-413-HC-KAR-IT

Madhura Developers Vs ACIT

Whether Section 50C applies only in case of a transferor of land and not the consenting party - YES: HC

- Case remanded: KARNATAKA HIGH COURT

2021-TIOL-412-HC-MUM-IT

Siva Equipment Pvt Ltd Vs ACIT

2021-TIOL-411-HC-MAD-IT

Lifecell International Pvt Ltd Vs ACIT

Whether taxpayer can be expected to speculate on what inference might be drawn by an AO on the primary facts disclosed or furnish additional materials in anticipation of such inferences - NO: HC

Whether o nce all primary facts are before the assessing authority, he requires no further assistance by way of disclosure - YES: HC

- Assessee's petition allowed: MADRAS HIGH COURT

2021-TIOL-333-ITAT-DEL

Daawat Foods Ltd Vs ACIT

Whether addition u/s 153A on abated assessment can be made when assessee did not recompute the total income of the assessee - NO: ITAT Whether interest u/s 234A can be levied when there is delay in serving the notice as well as dealy in filing the return thereafter - YES: ITAT Whether disallowance of the claim of additional depreciation can be made when pre-operative expense has already been capitalized - NO: ITAT

- Assessee's appeal partly allowed: DELHI ITAT

2021-TIOL-332-ITAT-DEL

Hindustan Coca Cola Marketing Company Pvt Ltd Vs DCIT

Whether loss incurred by a beverage manufacturer on account of passing of expiry date of some quantity of products, cannot be disallowed, considering that such loss is neither contingent nor non existent - YES: ITAT

- Assessee's appeal allowed: DELHI ITAT

2021-TIOL-331-ITAT-DEL

Honda R And D India Pvt Ltd Vs DCIT

Whether where mistake is apparent from record, such order of Tribunal must be recalled and modified – YES: ITAT

- Assessee's applications allowed: DELHI ITAT

2021-TIOL-330-ITAT-KOL

Premlata Tekriwal Vs Pr.CIT

Whether entire price paid for fictitious or bogus purchases must be added to assessee's income– NO: ITAT

- Assessee's appeals allowed: KOLKATA ITAT

2021-TIOL-329-ITAT-AHM

DCIT Vs Yash Developers

Whether only income embedded in on-money receipt must be subjected to taxation – YES: ITAT

- Revenue's appeal dismissed: AHMEDABAD ITAT

2021-TIOL-328-ITAT-AHM

Shalby Ltd Vs DCIT

Whether where AO reaches to certain conclusion after making proper enquiry on matter then CIT is not justified in exercising power u/s 263 – YES : ITAT

- Assessee's appeal allowed: AHMEDABAD ITAT

2021-TIOL-419-HC-DEL-VAT

Keshav International Vs Commissioner Of Value Added Tax

In writ, the High Court finds that the assessee did not appear for hearing in the present hearing as well & observes the assessee to be not interested in pursuing the matter. Hence the Court dismisses the petition.

- Writ petition dismissed : DELHI HIGH COURT

2021-TIOL-421-HC-AHM-GST

Bhumi Associate Vs UoI

GST - Pursuant to the order dated 16th February 2021 - 2021-TIOL-397-HC-AHM-GST , the officers of DGGI, Surat joined the video conference and the Additional Director General, Surat, informed that an appropriate inquiry has been initiated and the allegations which have been levelled in all the Writ applications shall be looked into by an appropriate authority - CBIC is to be impleaded as the respondent - ASG would discuss the matter seriously with the highest authority of the CBIC in the matter of the CBIC being put to notice in the earlier order dated 16th February 2021 insofar as issuance of Circular/instructions/guidelines are concerned - the Additional Director General assures that there shall not be any further complaint against the officers of the department of undue harassment, threat, pressure etc. - Bench adds that it does not intend to discourage or lower down the morale of all the officers but for the serious allegations that have been levelled by the applicants; that the endeavour is to bring it to their notice that the officers should act and perform their duties within the four corners of law and they should not take the law in their hands; that the Court has always appreciated the efforts put in by the officers in catching hold of fraudsters and all those persons involved in the huge scam of tax evasion etc. - It shall be open for the officers to conduct the search proceedings u/s 67 but strictly in accordance with law - On the next date of hearing, officers shall not join the video conference - Message of the Bench to the officers is loud and clear - Matters to be posted for further hearing on 23rd February 2021: High Court [para 4, 5, 6]

- Matter posted: GUJARAT HIGH COURT

2021-TIOL-420-HC-AHM-GST

Asian Organo Industries Vs Pr.CC

GST - Grievance of the writ applicant is that the respondent No.2 has declined to the refund of the IGST amount paid on the shipping bills - According to the writ applicant, upon inquiry, it has come to know that the refund has been declined for the reason that the writ applicant had availed drawback at the rate of 1.10% - It is the case of the writ applicant that it has claimed lower rate of drawback in accordance with the Notification No. 131/2016 dated 31st October 2016 - That it was a mistake on the part of the writ applicant to declare in the shipping bills that it had availed higher drawback of selecting “A” instead of “B”; that it was an inadvertent error committed by it.

Held : Bench disposes of all the writ applications with a direction to the respondent No.1 to immediately look into the matters and pass an appropriate order in accordance with law as regards the claim of the IGST refund keeping in mind the ratio of the decisions of this Court rendered in the case of M/s. Amit Cotton Industries ( 2019-TIOL-1443-HC-AHM-GST ) as well as Awadkrupa Plastomech ( 2020-TIOL-2238-HC-AHM-GST ) - Such exercise is to be completed within a period of six weeks - writ applications stand disposed of: High Court [para 10, 12]

- Applications disposed of : GUJARAT HIGH COURT

2021-TIOL-418-HC-KERALA-GST

Varahamurthi Flexirub Industries Pvt Ltd Vs STO

GST - The petitioner-company suffered an order of confirmation of penalty at the hands of the Revenue - Hence the present petition was filed in challenge to the directions of the Revenue to the assessee's bank, to invoke bank guarantee and to forward the demand draft of the value of such bank guarantee to the Revenue.

Held - Keeping in mind the provisions of Section 78 & 107 of the CGST Act, the bank concerned is directed to not comply with the order of attachment - Such direction as well as the directions to forward the bank guarantee to the Revenue, are quashed - Nonetheless, the petitioner shall continue the bank guarantee till filing of the appeal: HC

- Writ petition disposed of: KERALA HIGH COURT

2021-TIOL-415-HC-P&H-GST

Parvati Steel Re Roling Mills Vs Deputy Excise And Taxation Commissioner

GST - The assessee-company filed the present petition, seeking that directions be issued to the Revenue to permit operation of the bank accounts of the assessee, considering that the relevant attachment order had ceased to operate in terms of Section 83(2) of the Punjab GST Act 2017 - Directions were sought that the Revenue de-freeze the assessee's bank account.

Held - The attachment over the assessee's bank account has lapsed & so merits being lifted - The banks concerned are directed to allow the assessee to operate its account: HC

- Writ petition disposed of: PUNJAB AND HARHAYA HIGH COURT

Cus - Smuggling - Confiscation of gold - A SCN was issued to the appellant stating that as per Section 123 of Customs Act when goods were seized in reasonable belief that they are smuggled goods, the burden of proof that they are not smuggled goods shall be on the person from whose possession the goods were seized - The appellant contested the SCN and sought cross examination of Senior DCM of South Central Railway who gave a confirmation based on official records that both Shri B.N.V. Raghavendra and Shri B.V.S. Kanaka Ratnam had travelled in the train from Trissur to Vijayawada - In impugned order, the Commissioner did not allow cross examination of Senior DCM rejecting the contention of appellants that Railway Authorities cannot confirm the travel or non-travel of passengers - The Commissioner absolutely confiscated the seized gold under Section 111 of Customs Act and imposed penalties upon Shri B.N.V. Raghavendra and Shri B.V.S. Kanaka Ratnam under Section 112 and 117 of Customs Act - None of the statements recorded by Department admit to or even suggest that the gold was smuggled gold - It has also not been brought out in SCN that the purity of seized gold is such that it could only have been of foreign origin - It is true that the conduct of appellant was suspicious inasmuch as the gold pieces were being carried in newspapers and a letter was found written to one Shri Vijay in Trissur for requesting the gold tobe handed over to the bearer of letter - It is also confirmed by DCM, Railways that the appellants had travelled from Trissur to Vijayawada by train - However, Trissur is not even a port in itself - The gold was apparently collected from one Shri Vijay in Trissur - There were also several contradictions between different statements as recorded in SCN - These factors by themselves cannot constitute the basis for forming a reasonable belief that the seized gold was smuggled - Therefore, the Officers did not have a reasonable belief in the first place to assert that the seized primary gold was smuggled gold which is essential to shift the burden on to the accused under Section 123 - The impugned order and SCN suffer from this infirmity and therefore the confiscation as well as the penalties need to be set aside: CESTAT

- Appeals allowed: HYDERABAD CESTAT