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2021-TIOL-NEWS-052| March 03 2021

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INCOME TAX

2021-TIOL-520-HC-MAD-IT

CIT Vs Y V Subramaniam

Whether exercising power of revision is unwarranted, where no reasons are recorded for the same & where the original assessment order is passed after due consideration of facts - NO: HC

- Revenue's appeal dismissed : MADRAS HIGH COURT

2021-TIOL-519-HC-MAD-IT

CIT Vs Subramani Prabha

Whether appeal filed by assessee must not be rejected merely because assessee had not filed e-appeal within period of limitation – YES: HC

- Case remanded : MADRAS HIGH COURT

2021-TIOL-518-HC-MAD-IT

Ponnaiyah Ramajayam Institute Of Science And Technology Trust Vs ACIT

In writ, the High Court directs the assessee to appear before the Revenue officer concerned & present evidence showing that the demand raised in the notice is not sustainable.

- Writ petition disposed of : MADRAS HIGH COURT

2021-TIOL-517-HC-MAD-IT

Nagaraj And Company Pvt Ltd Vs ACIT

On appeal, the High Court observes that the assessee seeks resolution of the matter under the Direct Tax Vivad Se Vishwas Scheme. Hence it finds no reason to keep the appeal pending. It also permits liberty to the assessee for restoration of appeal, in case the application under the Scheme is rejected.

- Assessee's appeal disposed of : MADRAS HIGH COURT

2021-TIOL-516-HC-AHM-IT

Hiteshkumar Babulal Ramani Vs ACIT

Whether details available in books of account for balance sheet or profit or loss account can absolve assessee from his disclosure obligation u/s 147 – NO: HC

- Assessees' writ petition dismissed : GUJARAT HIGH COURT

2021-TIOL-422-ITAT-DEL

Aarya Organic Foods And Ayurvedic Industries Pvt Ltd Vs ITO

Whether addition u/s 68 can be deleted when the fact of confirmation, bank transfer and bank statement of the lender of the money is found to be correct, but the source of income is not known - YES: ITAT

- Assessee's appeal partly allowed: DELHI ITAT

2021-TIOL-421-ITAT-MUM

ACIT Vs Walpha Engineering

Whether disallowance of bogus purchases can be restricted to 25% merely on the ground that only the benefit derived by using such accommodation entries has to be brought to tax - YES: ITAT

- Revenue's appeal dismissed: MUMBAI ITAT

2021-TIOL-420-ITAT-AHM

Neotech Education Foundation Vs DCIT

Whether conditional stay order can be granted when amount has been added on protective basis - YES: ITAT

- Assessee's appeal allowed: AHMEDABAD ITAT

2021-TIOL-419-ITAT-BANG

KL Channakeshava Vs ITO

Whether on assessee's submissions being rejected without examining, he must be provided reasonable opportunity of being heard – YES: ITAT.

- Assessee's Appeal allowed: BANGALORE ITAT

2021-TIOL-418-ITAT-KOL

ACIT Vs Narula Educational Trust

Whether addition based on the difference of valuation on the basis of DVO report made on a reference by the DDIV (Inv.) before the period of empowering the DDIT (Inv.) for such making reference is sustainable - NO: ITAT

Whether in absence of any incriminating material found during the course of search, any additions can be made in the unabated assessments - NO: ITAT

- Revenue's appeal dismissed: KOLKATA ITAT

2021-TIOL-417-ITAT-BANG

Touchstone Estates Pvt Ltd Vs ITO

Whether the non-recovery of advances has to be treated as capital loss by the assessee itself in its books of accounts and the same can be allowed as business loss - YES: ITAT

- Assessee's appeal allowed: BANGALORE ITAT

 
GST CASE

2021-TIOL-515-HC-DEL-GST

Neutron Steel Trading Pvt Ltd Vs UoI

GST - The assessee-company is aggrieved by the notice issued to it, proposing to attach its property - The assessee's objections to the attachment notice were set aside - The assessee claimed before this court that proceedings against it had been initiated u/s 7 of the CGST & that Section 83 of the CGST Act dealing with provisional attachment of bank account, did not advert to Section 7 of the Act.

Held - Notice be issued to the Respondent-Union - Counter-affidavits will be filed within six weeks time - Rejoinder, if any, be filed before next date of hearing: HC

- Notice issued :DELHI HIGH COURT

 
MISC CASE

2021-TIOL-510-HC-KAR-VAT

Lal Construction Company Vs State of Karnataka

Whether where TDS is collected from an assessee under the KVAT Act, further amount of TDS cannot be added to the total turnover - YES: HC

- Appeal allowed: KARNATAKA HIGH COURT

 
INDIRECT TAX

2021-TIOL-128-CESTAT-BANG

Anheuser Busch Inbev India Ltd Vs CCT

ST - The appellant is engaged in manufacture and sale of alcoholic beverages - Pursuant to the enquiry, a SCN was issued to the appellant demanding service tax under reverse charge mechanism on the Export Pass fee and Import fee, Storage License Renewal fee, Excise Staff Salary and Overtime charges, Permit fee paid to the State Excise department - With regard to other fees, the Commissioner himself has granted relief in view of amendment made in Section 117 of Finance Act, 2019 with retrospect - The issue with respect to tax liability on license fee and other application fee paid to the State authorities continued to be an issue under GST as well and the GST Council in its 26th meeting on 10.03.2018 recommended that GST was not leviable on license fee and application fee, "by whatever name called", payable for alcoholic liquor for human consumption and that this would apply mutatis mutandis to the demand raised by Service Tax/Excise authorities on license fee for alcoholic liquor for human consumption in pre-GST era i.e. for the period from April 2016 to 30th June 2017 - The appellant is not liable to pay service tax on Export Pass fee, Import Pass fee, Permit fee, Excise Staff Salary and overtime allowances/charges and the demand on all these services are set aside - The service tax demand confirmed on Storage License fee for CO2 which the appellant is liable to pay along with interest - Appellant is not liable to pay penalties in view of the fact that demand itself is not sustainable: CESTAT

- Appeal partly allowed: BANGALORE CESTAT

 

 

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NEWS FLASH

America notifies anti-dumping duty on Alloy Aluminum sheet from 18 countries, including India; Germany attracts maximum duty

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JEST GST

By Vijay Kumar

My Lord or My Lady - How do you address a lady judge?

RECENTLY , the question on 'how to address Supreme Court Judges', was revisted rather extensively in the media . Though we are not required to address the judges as "my lords" , "your lordship" etc, lawyers still do and for many lawyers, the phrase "my lord" is a filler. When they don't know what to say, they say "my lord" . The Chief Justice of a High Court once asked a lawyer, "Are you trying to get into the Guinness Book of World Records, for ...

 
TOP NEWS

World Customs Organisation tags Delhi CRCL as Regional Customs Lab

 
DEPUTATION POSTS

F.No. 154/001/2021-CMD III (2)/8790

Filling up the post of the Member, Andhra Pradesh State Value Added Tax Appellate Tribunal, Visakhapatnam, Andhra Pradesh

No.21/01/2021-CS-I(Coord)

Filling up the two (02) posts of Assistant Director (Confidential) (General Central Service, Group - 'A' Gazetted, Non-Ministerial) in Level - 10 of the pay matrix in the O/o UPSC on deputation (including short-term contract) basis in the O/o UPSC

F.NO. A-35020/4/2021-ISTM

Filling up of one faculty post of Deputy Director (Management Services) and one faculty post of Deputy Director (Economics and Planning) on deputation basis in the Institute of Secretariat Training & Management (ISTM), New Delhi

 
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