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2021-TIOL-NEWS-053| March 04 2021

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INCOME TAX

2021-TIOL-529-HC-MAD-IT

Philips Foods India Pvt Ltd Vs ACIT

Whether when assessee claims to be involved in a manufacturing business, inspection of assessee's facility is a pre-requisite to understand nature of his activity and only then proceed with assessment – YES: HC

- Assessee's Appeal allowed: MADRAS HIGH COURT

2021-TIOL-528-HC-DEL-IT

Pr.CIT Vs Mahanagar Telephone Nigam Ltd

Whether disallowance u/s 14A r/w 8D(2)(iii) should be restricted only to percent of average investment income which is exempt, irrespective of whether such exempt income is received during relevant AY– YES: HC

- Revenue's Appeal dismissed: DELHI HIGH COURT

2021-TIOL-527-HC-DEL-IT

Pr.CIT Vs Anand Kumar Jain HUF

Whether statement recorded u/s 132(4) can alone constitute incriminating material for carrying out assessment u/s 153(A) of IT Act– NO: HC

Whether statement recorded u/s 132(4) of third party can constitute incriminating material for carrying out assessment u/s 153(A) of IT Act – NO: HC

- Revenue's Appeal dismissed: DELHI HIGH COURT

2021-TIOL-433-ITAT-MUM

SB Panchal And Company Vs ITO

Whether disallowance for bogus purchases can be reduced to the extent of profit element embedded in these purchase where sales are not in doubt and considering steel industry norms disallowance @ 8% of the non-genuine purchases is sufficient - YES: ITAT

- Assessee's appeal partly allowed: MUMBAI ITAT

2021-TIOL-432-ITAT-MUM

Rite Developers Vs ITO

Whether there can be disallowance for penalty/regularisation charges for a project in the year of its completion – NO: ITAT

- Assessee's Appeal allowed: MUMBAI ITAT

2021-TIOL-431-ITAT-MUM

Rafique Abdul Malik Vs DCIT

Whether expenses incurred in relation to earning of taxable income can be disallowed as direct expenses relating to earning of exempt income – NO: ITAT

- Assessee's Appeal allowed: MUMBAI ITAT

2021-TIOL-430-ITAT-MUM

Alpha Stud And Farms Pvt Ltd Vs ITO

Whether since gain on sale of agricultural land as well as income from agriculture are exempt from tax, same if not reduced from the book profit then it is apparent mistake which can be rectified by Revenue - YES : ITAT

- Assessee's appeal allowed: MUMBAI ITAT

2021-TIOL-429-ITAT-DEL

Om Prakash Rana Vs ACIT

Whether when show-cause notice does not specify exact offence committed, penalty levied u/s 271(1)(c) of IT Act, 1961 must be cancelled – YES: ITAT

- Assessee's Appeal allowed: DELHI ITAT

2021-TIOL-428-ITAT-DEL

Loesche India Pvt Ltd Vs ACIT

Whether medical insurance premium paid by employer company for the family members of its employees, merits being allowed as business expenditure & in respect of which the provisions of Sec 17(2) are inapplicable - YES: ITAT

- Assessee's appeal allowed: DELHI ITAT

 
MISC CASE

2021-TIOL-521-HC-MAD-VAT

Hi Tech Arai Ltd Vs Assistant Commissioner (CT)

Whether it is fit case for remand where certain transactions are baldly held to attract higher rate of tax, without considering the relevant documents being furnished by the assessee - YES: HC

- Case remanded: MADRAS HIGH COURT

 
INDIRECT TAX

2021-TIOL-129-CESTAT-AHM

Ratnamani Metals And Tubes Ltd Vs CCE & ST

ST - The appellant had entered into a contract with its suppliers wherein essence of contract was performance i.e. supply of specified material - Certain material supplied under said contracts were found deficient to the specified quality or in deviation with the specifications agreed upon between the parties to the contract - The appellant thereafter recovered certain amounts from its supplier which in view of respondent are in the nature of liquidated damages for compensating the appellant against the poor quality of material supplied to them by its supplier on which service tax is held to be applicable under Section 66(E)(e) of FA, 1994 - The appellant have taken the ground before Adjudicating Authority as well as Commissioner (A) that the amount which they have received is in the form of "liquidated damage" and not in the form of "consideration" towards any service for the reason that the said amount is for supply of lower quality of goods and thus the effect is only reduction in the transaction value of goods - - However, this vital point raised by appellant has not been considered either by Adjudicating Authority or by the first appellate authority - Both the authorities also have not dealt with the distinction between the 'liquidated damage' as claimed to have received by appellant and the 'consideration', which department want to impose - Both the terms have been defined legally separately in Indian Contract Act, 1872 - The appellant have relied upon various judgments on the identical issue which the lower Authorities had no occasion to consider - As regards the limitation, same has also not been considered on its true facts and the legal issue involved - Since the issues have not been dealt in a proper manner by both the lower authorities, matter needs to be reconsidered as a whole - Accordingly, matter is remanded to the Adjudicating Authority: CESTAT

- Matter remanded: AHMEDABAD CESTAT

 

 

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NEWS FLASH

US House approves police reform bill - bans chokeholds & no-knock warrants

India proposes International Year of Millets 2023 and UN General Assembly adopts resolution by consensus

Govt extends tenure of Delimitation Commission set up for J&K, Assam, Arunachal, Nagaland & Manipur for one more year

UK's Chancellor Sunak proposes tax hike on companies & no roll-back of COVID-19 rescue schemes

COVID-19 - Strange! If infected by South African variant, it offers higher immunity against other variants, reveals Study

 
THE COB(WEB)

By Shailendra Kumar

GST - Goliath 'retired' from Revenue Lexicon without retyring 'Due Date'!

IN the past two years, if the GST has been a 'scorcher' it was largely because of 'Mr Turbocharger' who was passed on the baton of numero uno Revenue 'Regulator' by his predecessor Mr Hasmukh Adhia. Though taxpayers as well as CBIC officials may have found him utterly cut off ...

 
TOP NEWS

ITC fraud - Gandhinagar CGST finds 68 fake units linked to Mumbai-based corporate

Double taxation - CBDT lays down procedure to deal with taxpayers' pain

WTO's Okonjo-Iweala 'ready to go' as she pushes for fisheries deal

 
GUEST COLUMN

By Dr G Gokul Kishore

GST Linked Incentive to J&K - A few questions - GST - An agenda for reforms - Part - 99

ON 19th February, 2021, Department of Promotion of Industry and Internal Trade issued a notification on Central Sector Scheme for Industrial Development of Union Territory of Jammu & Kashmir. One of the components of this scheme is GST Linked Incentive (GSTLI). The scheme has not evoked much discussion though it raises...

 
CIRCULAR

it21cir02

Double taxation - CBDT lays down procedure to deal with taxpayers' pain

 
NOTIFICATION

ctariffadd21_011

Anti-dumping duty on phenol extended till June for imports from certain countries

 
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