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2021-TIOL-NEWS-162| July 10, 2021

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INCOME TAX

2021-TIOL-200-SC-IT-LB

ACIT Vs Sapana Charudatt Ranadive

In writ, the Larger Bench of the Supreme Court finds that the explanation offered in support of the application seeking condonation of delay, is not satisfactory. Hence the Court rejects the present SLP.

- Revenue's SLP dismissed: SUPREME COURT OF INDIA

2021-TIOL-199-SC-IT-LB

CIT Vs Areva T And D India Ltd

In writ, the Larger Bench of the Supreme Court grants leave to the Revenue's SLP and further allows period of 8 weeks for filing counter affidavit.

- Revenue's SLP allowed: SUPREME COURT OF INDIA

2021-TIOL-198-SC-IT-LB

DDIT Vs Ahmedabad Urban Development Authority

In writ, the Larger Bench of the Supreme Court directs that notice be issued to the parties concerned. It further directs that the matter be placed before the appropriate bench, along with connected matters, pursuant to directions issued in this regard by the Hon'ble Chief Justice of India.

- Notice issued: SUPREME COURT OF INDIA

2021-TIOL-197-SC-IT

Addl. CIT Vs Ericsson India Pvt Ltd

In writ, the Supreme Court observes that the present matter does not warrant invoking of writ jurisdiction under Article 136. Hence the present SLP along with pending applications are dismissed.

- Revenue's SLP dismissed: SUPREME COURT OF INDIA

2021-TIOL-196-SC-IT

Pr.CIT Vs Bombay Stock Exchange Ltd

In writ, the Supreme Court directs that notice be issued to the parties concerned. It further directs that the present matter be listed along with other related matters, before the appropriate court.

- Notice issued: SUPREME COURT OF INDIA

2021-TIOL-195-SC-IT

Pr.CIT Vs Jeans Knit Pvt Ltd

In writ, the Supreme Court observes that it's intervention is not warranted in the present matter.

- Revenue's SLP dismissed: SUPREME COURT OF INDIA

2021-TIOL-194-SC-IT-LB

CIT Vs Rajkot Urban Development Authority

In writ, the Larger Bench of the Supreme Court directs that notice be issued to the parties concerned. The Court further directs that the present matter & other connected matters be placed before the appropriate bench of this Court, pursuant to appropriate directions being issued by the Hon'ble Chief Justice of India.

- Notice issued: SUPREME COURT OF INDIA

2021-TIOL-193-SC-IT

DIT Vs Thanthi Trust

In writ, the Supreme Court grants leave to the Revenue's Special Leave to Petition.

- Revenue's SLP allowed: SUPREME COURT OF INDIA

2021-TIOL-1132-ITAT-DEL

ACIT Vs JKG Construction Pvt Ltd

Whether it is a fit case for remand where the AO presumed that the assessee undervalued all the flats developed by it, solely because the assessee had undervalued one flat in particular - YES: ITAT

Whether such a presumption drawn by the AO contravenes the legal principle of Falsus in uno and falsus in omnibus and additions made consequent to such presumption are not tenable - YES: ITAT

- Matter remanded: DELHI ITAT

2021-TIOL-1131-ITAT-DEL

ACIT Vs Gurcharan Singh

Whether commission paid to foreign agent for promotion of assessee's business, can be disallowed, where it is not in doubt that the agent provided services to the assessee - NO: ITAT

- Revenue's appeal dismissed: DELHI ITAT

2021-TIOL-1130-ITAT-DEL

Barring Private Equity Partners (India) Pvt Ltd Vs ACIT

Whether rule of consistency demands that the Revenue cannot approbate and reprobate in respect of the very same issue from year to year - YES: ITAT

- Assessee's appeal allowed: DELHI ITAT

2021-TIOL-1129-ITAT-MUM

Babaji Shivram And Carriers Pvt Ltd Vs DCIT

Whether disallowance of various expenses incurred by an assessee warrants being restricted to 5% where assessee has self-made vouchers to explain such expenses - YES: ITAT

- Assessee's appeal allowed: MUMBAI ITAT

 
INDIRECT TAX

2021-TIOL-383-CESTAT-AHM

Himanshubhai Nandlal Jagani Vs CCE & ST

CX - This appeal has been filed against imposition of penalty - Identical case of Bansal Casting Pvt Ltd involving the same appellant was decided in favour of appellant - The revenue argued that there is difference between the said case and this case - The differentiation asserted by revenue is misplaced as the order of Tribunal does not actually go into the statements - Therefore, any extra admission made in the statement is of no relevance to create any distinction from the aforesaid decision - It disregards the statements on the ground that no cross- examination has been granted - Facts are identical in both the cases, consequently, the impugned order is set aside: CESTAT

- Appeal allowed: AHMEDABAD CESTAT

2021-TIOL-382-CESTAT-DEL

Sa Impex Vs CCGST

ST - The refund claim filed by assessee was rejected on the ground that the same has been filed after expiry of prescribed limit of one year from the date of eligibility for filing of claim - When the provisions require that only one claim has to be filed for each quarter, definitely, an assessee has to file one claim only at the end of the quarter - The limitation cannot be counted from the day of LEO or the last LEO in a quarter, as the assessee cannot file more than one refund claim for each quarter - Thus, on harmonious reading of the provisions and also the earlier Notfn 5/06-CE (NT) read with notfn 41/2007-ST and 41/2012-ST, it is held that the limitation has to be counted from the first day after the end of the quarter, and accordingly, the refund claim filed on 27.12.2016 is within limitation as the limitation has to be counted from 1.1.2016 for the quarter ending 1.12.2015 - Accordingly, the Adjudicating Authority is directed to disburse the refund within a period of 45 days with interest as per Rules: CESTAT

- Appeal allowed: DELHI CESTAT

 

 

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