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2021-TIOL-NEWS-134| June 08, 2021

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INCOME TAX

2021-TIOL-1292-HC-KAR-IT

Pr.CIT Vs Paresh Exports Pvt Ltd

On appeal, the High Court observes that in another case before it involving identical facts & circumstances, the Court had quashed the order passed by the Tribunal, on grounds that it was cryptic & was passed without application of mind. Hence the Court remands the matter to the Tribunal for re-consideration. No findings rendered on merits.

- Case remanded :KARNATAKA HIGH COURT

2021-TIOL-1291-HC-DEL-IT

Qualcomm India Pvt Ltd Vs National E-Assessment Centre Delhi

On application, the HC issued notice and listed the matter for hearing on next date observing that it was Revenue's counsel's contention that the record presently available with him shows that two orders were passed by the DRP and since the final assessment order has been passed by National E-assessment Centre, Delhi, there has been some dissonance.

- Notice issued: DELHI HIGH COURT

2021-TIOL-1289-HC-DEL-IT

Blueblood Ventures Ltd Vs DCIT

Whether garnishee notice can be issued without first passing a speaking order, where the AO reaches a finding on as to whether or not the recipient of the garnishee notice owes any money to the alleged defaulter - NO: HC

- Writ petition disposed of: DELHI HIGH COURT

2021-TIOL-1288-HC-MAD-IT

CIT Vs Kailash Sowalchand Jain

On appeal, the High Court finds that the assessee seeks settlement of the matter under the Direct Tax Vivad Se Vishwas Scheme 2020. Hence it finds no reason to keep the present appeal pending. It nonetheless permits liberty to seek restoration of appeal if the application under the Scheme is rejected.

- Appeal disposed of: MADRAS HIGH COURT

2021-TIOL-1287-HC-MAD-IT

Srinivasa Enterprises Vs Sub Registrar

In writ, the High Court observes that if the assessee is aggrieved by certain contents in the attachment notice, the assessee is free to raise such issue before the Competent Authority & in which case, the intervention of the High Court is not warranted.

- Assessee's writ petition dismissed: MADRAS HIGH COURT

2021-TIOL-916-ITAT-PUNE

ITO Vs Govindam Metal And Alloys Pvt Ltd

Whether addition framed in respect of bogus purchases, allegedly made from Hawala dealers, warrants being restricted to the excess gross profit rate earned therefrom - YES: ITAT

- Case remanded: PUNE ITAT

2021-TIOL-915-ITAT-DEL

DLF Universal Ltd Vs DCIT

Whether disallowances u/s 40A(2)(b) for classifying expenditure as excessive or unreasonable is not satisfied as comparable market rate for same services provided by unrelated parties are higher - YES : ITAT

- Assessee's appeal dismissed/Revenue's appeal partly allowed: DELHI ITAT

2021-TIOL-914-ITAT-DEL

SPJ Hotels Pvt Ltd Vs ITO

On appeal, the Tribunal finds that the re-assessment proceedings commenced on similar grounds, against the assessee in preceding AYs, had been dropped. Hence, considering that the grounds for re-assessment are also the same in the current AY, the Tribunal holds such re-opening of assessment to be invalid & quashes the assessment order.

- Assessees appeal allowed: DELHI ITAT

 
MISC CASE

2021-TIOL-1286-HC-MAD-CT

P Rangasamy And Company Vs ACCT

In writ, the High Court observes that though the assessee failed to file reply to SCN, the Revenue should have contacted the assessee for a personal hearing either in person or virtually. Hence the Court stays the operation of the assessment order as it was passed without holding any hearing. It directs that the matter be posted for hearing in four weeks' time.

- Notice issued: MADRAS HIGH COURT

2021-TIOL-1285-HC-MAD-VAT

K Guman Singh Vs State Of Tamil Nadu

In writ, the High Court directs that the Department collate all material based on which the alleged mis-match is computed & that the same be furnished to the assessee. The Court further directs that reasoned order be passed after hearing the assessee, in keeping with the principles of natural justice.

- Writ petition disposed of: MADRAS HIGH COURT

 
GST CASE

2021-TIOL-1293-HC- ORISSA-GST

Arish Chandra Majhi Vs State Of Odisha

GST - Office Memorandum dated 10th December, 2018 of the Finance Department prescribing guidelines for the implementation of GST in works contract in post-GST regime with effect from 1st July, 2017, the Revised Schedule of Rates-2014 (Revised SoR-2014) and the demand notice issued under Section 61 of the Odisha Goods and Services Act (OGST Act) has been questioned in the present writ petition.

Held:

+ Petitioner has not challenged the tax liability on works contract nor any of the provisions of GST Act. [para 21]

+ The contention of the Petitioner that after issuance of the OM dated 10th December 2018, the agreement between the contractor and employer stands amended or modified accordingly, does not hold any merit for the reason that, it is a purely contractual obligation between the parties to either agree or disagree. [para 23]

+ Petitioner contends that the contractor is liable to pay the tax on material component only after deducting labour and service charges from the works component. But the position has changed after the amendment to the relevant provisions of the Finance Act, 1994 with effect from 1st June, 2007 and upon the coming into force of the CGST Act and the OGST Act with effect from 1st July, 2017. [para 26]

+ In the instant case, three components of the tax, i.e., subject of tax, person liable to pay the tax and rate of tax has been clearly defined in the statute. The OM dated 10th December, 2018 only prescribes the manner/procedure of calculation to determine the amount of tax in a particular eventuality in the transitional period of migration to GST Act with effect from 1st July, 2017. Consequently, the Court finds no merit in the Petitioner's challenge to the said OM in law. [para 28]

+ It is necessary to take note of the fact that the Petitioner has filed the present writ petition after receipt of a notice (Annexure-9) of demand of recovery of excess payment. The notice has been issued under Section 61 of the OGST Act and the order passed pursuant thereto is appealable under the OGST Act. Therefore, the Court refrains from expressing any opinion at this stage on the merits of the said notice and leaves open all the contentions of the parties in relation thereto to be urged at the appropriate stage in those proceedings. [para 29]

+ Court finds no merit in the writ petition, and it is accordingly dismissed. [para 30]

- Petition dismissed : ORISSA HIGH COURT

2021-TIOL-138-AAR-GST

Damodar Valley Corporation

GST - Damodar Valley Corporation fulfils the criterion laid down for "Government entity" as per Notification No. 31/2017 –Central Tax (Rate)/32/2017- Central Tax (Rate) both dated 13.10.2017 since it has been set up by an Act of Parliament with 100% control to carry out the function entrusted by the Government: AAR

- Application disposed of: AAR

 

 

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NEWS FLASH

Silicon Valley okay with global minimum tax but wants digital tax binned

Amazon founder Jeff Bezos & brother to rocket into space in July; offers third seat to highest bidder till June 12

COVID-19 - Indian surge rapidly slides - 87K cases with 2100 deaths in 24 hours + India's total death toll crosses 3.5 lakh + World reports 7700 deaths in 24 hours

Apple unveils iOS 15 with several new features for post-COVID-19 life

US cracks down on cyber criminals; seizes Bitcoins worth USD 2.3 mn paid as ransom

FDA okays first Alzheimer's drug Aducanumab after bitter controversy

18 killed in massive fire at Pune-based sanitiser firm

 
GUEST COLUMN

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COVID changes the way we do business

LET's agree to disagree that the dealerships and distribution model is archaic and is in dire need of a facelift. And I am not talking of reworking the profit margins here. Imagine you buy a new car today. You plan a visit to the nearest dealership. Then visit two more dealerships (if available), haggle on the price, extras and shiny trinkets ...

By Hans Raj Garg

Personal Search u/s 50 of the NDPS Act, 1985

THE power to search, seize and arrest is vested under Sections 42, 43 and 44 of the NDPS Act, 1985 only on officers of the rank superior in rank to a peon, sepoy or constable of the departments of Central Excise/CGST, narcotics, customs, revenue intelligence or other departments 1 of Central Government and revenue, drugs control, excise, police or any other ...

 
OFFICE MEMORANDUM

No. 13020/1/2019-Estt.(L)

Treatment/regularization of hospitalization/quarantine period during COVID-19 Pandemic

 
TOP NEWS

Wheat procurement increases record 12% this season

Defence Ministry details '20 reforms in 2020'

CoWIN certificates to be linked with passports for foreign travel: Centre

Govt proposes revamping REC mechanism

 
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