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2021-TIOL-NEWS-205 Part 2| August 30, 2021

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INCOME TAX

2021-TIOL-1750-HC-MUM-IT

Pinnacle Vastunirman Pvt Ltd Vs UoI

Whether failure to pay stipulated declaration amount under IDS entails taxation of undisclosed income declared u/s 183 under Income Tax Act in previous year in which such declaration was made - YES: HC

Whether when IDS itself contemplates that declaration without payment of tax is void and non-est, then question of retention of tax paid under such declaration will not arise - YES: HC

- Case disposed of: BOMBAY HIGH COURT

2021-TIOL-1749-HC-MAD-IT

Cognizant Technology Solutions India Pvt Ltd Vs ACIT

Whether when AO has reason to believe that reopening is necessary to consider such issue, which was never dealt with in regular proceedings, then reopening is legally sustainable - YES: HC

Whether there is any bar in law if some information is provided by external agency that could be made use of by the AO to initiate reopening so long as the same is genuine - NO: HC

- Assessee's petition dismissed: MADRAS HIGH COURT

2021-TIOL-1416-ITAT-MAD

Venkatesh Daggubati Vs ACIT

Whether business expenses incurred by assessee cannot be disallowed ad hoc without first establishing that such expenses were in fact incurred for some personal purpose - YES: ITAT

- Assessee's appeal partly allowed: CHENNAI ITAT

2021-TIOL-1415-ITAT-DEL

DCIT Vs Haridwar Development Authority

Whether a trust engaged in carrying out charitable activities with object of general public utility in accordance with section 2(15) of the Act, cannot be denied exemption u/s 11 where Revenue is unable to prover otherwise - YES: ITAT

- Revenue's appeals dismissed: DELHI ITAT

2021-TIOL-1414-ITAT-HYD

Kanakadhara Ventures Pvt Ltd Vs DCIT

Whether no disallowance could be made once an assessee's profits are estimated at the fixed percentage of it's turnover - YES: ITAT

- Assessee's appeal partly allowed: HYDERABAD ITAT

 
MISC CASE

2021-TIOL-1752-HC-DEL-VAT

Honeywell Automation India Ltd Vs CTT

Whether tax credit shall be allowed to dealer unless tax paid by purchasing dealer has actually been deposited by selling dealer with Government or has been lawfully adjusted against output tax liability - NO: HC

Whether Revenue department is precluded from invoking provisions of section 9(2) of DVAT to deny ITC to purchasing dealer who bona-fide entered into purchase transaction with registered selling dealer - YES: HC

- Assessee's appeal allowed: DELHI HIGH COURT

 
INDIRECT TAX

2021-TIOL-1751-HC-GUW-CX

Jyothy Labs Ltd Vs UoI

CX - North East Industrial Policy of 24.12.1997 - Petitioner is engaged in the manufacture of mosquito coils falling under HSN 38 08 9191 of the First Schedule to the Central Excise Tariff Act, 1985 - Issue before this Court is that whether under the notification No. 32/99-CE dated 18.07.1999 as amended and the notification No. 31/2008-CE dated 10.06.2008 the manufacturers are entitled to have an option not to avail the rates specified in the tables contained in the notifications and whether they have a legal right to request the authorities for fixation of a special rate as per the actual value additions to the manufactured goods - Another aspect to look into is whether as per the notifications, such applications requesting for fixation of a special rate are to be made within 30th September of the given financial year for which such claim is made.

Held : In the peculiar facts and circumstances of the present case, where the necessity for making of a request for fixation of the special rate for the value addition to the manufactured goods may not have occasioned earlier, Bench deems it appropriate that the Principal Commissioner of GST, Guwahati decides the application of the petitioner dated 18.05.2020 on its own merit as regards the claim for fixation of a special rate to the value addition to the manufactured goods of the given financial year - On the principle of constructive res-judicata, the ground for rejecting such application for the reason that it was not submitted within 30th September of the given financial year would perhaps be not available for the respondent authorities for rejecting the application - Writ petition stands allowed: High Court [para 19, 21]

- Petition allowed: GAUHATI HIGH COURT

 

 

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