I-T - AO is duty-bound to give a speaking order, clearly stating reasons for rejecting assessee's objections to reopening - HC

I-T - Statement of third party cannot be sole base to make addition in hands of assessee in case of search in absence of any corroborative material :ITAT

I-T - Letting out of land independently which is part of business asset of assessee can be treated as income from business :ITAT

I-T - Power for expanding scope of proceedings u/s 147 does not lie with PCIT and he cannot expand scope of proceedings u/s 147 by raising issue of deduction u/s 54B :ITAT

I-T Act - Expenses incurred by assessee for welfare of its employees that derive benefit for assessee's business are allowable as business expenditure u/s 37(1) : ITAT

I-T - Deduction on interest expenditure merits being allowed u/s 36(1)(iii) where such expense is incurred on loans taken for business purposes, factum of which is established through the assessee's balance sheet : ITAT

I-T - delay in filing appeal merits being condoned where there is no culpable negligence or mala fide on part of the assessee in delayed filing of appeal: ITAT

I-T - Penalty notice u/s 271(1)(c) gets vitiated where inapplicable charge between concealment of income or furnishing inaccurate particulars of income, is not struck off: ITAT

I-T - Since bad debt written off for shortage of garments and return of uniform, are directly related to business of assessee, same can be allowed : ITAT

I-T - AO's order cannot be set aside u/s 263 for making deep enquiry in a heuristic way only on presumption and assumption that something new may come out: ITAT

GST - Crumb rubber/granule is classifiable under Heading 4004 and attracts tax @18%: AAR

GST - Supply of batteries to the Indian Navy for use in the manufacture of submarines is taxable @ 5%: AAR

ST - NSE/BSE transaction charges and SEBI turnover fees paid by stock brokers to concerned agencies is not liable to service tax under stock broker service: CESTAT

2021-TIOL-238-AAR-GST

Green Rubber Crumb Pvt Ltd

GST - Crumb rubber/granule obtained from waste, parings and scrap of rubber (other than hard rubber), in this case used tyres, is classifiable under Heading 4004 and is liable to GST @18%: AAR

- Application disposed of: AAR

2021-TIOL-237-AAR-GST

Exide Industries Ltd

2021-TIOL-2035-HC-DEL-ST

Topline Buildtech Pvt Ltd Vs UoI

ST - The petition has been filed challenging the orders of reject ion - Petitioner seeks directions to Respondent to give an opportunity of hearing to them to present its case in relation to the Second Declaration and thereafter pass a reasoned order and to supply copies of complete correspondence and note-sheets in file pertaining to investigations and inquiry and declarations filed by Petitioner under Sabka Vishwas Scheme along with other relevant documents - A perusal of paper book reveals that the petitioner had written a unilateral letter stating that its service tax liability upto 30th June, 2017 was Rs.18 lakhs and interest liability of Rs.14 lakhs - Along with the letter, a challan of Rs.3 lakhs dated 11th June, 2018 towards part payment of said liability was enclosed - The Respondent vide its letter dated 08th August, 2019 had pointed out that, even according to the Petitioner's own calculation, service tax liability was due and outstanding - Petitioner was asked to deposit the balance service tax liability as calculated by petitioner vide the said letter - The case was under investigation under Sections 70 and 174 of CGST Act and the Petitioner has been asked to furnish a large number of documents including copies of challans showing its service tax liability deposited after the date of service - The said communication does not indicate that the quantum of duty had either been quantified or communicated by Respondent to the Petitioner on or before 30th June, 2019 - Consequently, petition being bereft of merit is dismissed: HC

- Writ petition dismissed: DELHI HIGH COURT

2021-TIOL-655-CESTAT-AHM

Monarch Research And Brokerage Pvt Ltd Vs CST

ST - The issue involved is whether NSE/BSE transaction charges and SEBI turnover fees paid by stock brokers to the concerned agencies and recovered from their client is liable to service tax under the category of stock broker service - The issue is no longer res-integra as Tribunal decided the issue vide final order dated 05.12.2018 in the case of M/s Kunvarji Finstock Pvt Ltd - The issue stands settled in favour of assessee - Accordingly, NSE/BSE transaction charges and SEBI turnover fees is not liable to service tax under head of "stock broker service" - Hence, impugned order is set aside: CESTAT

- Appeal allowed: AHMEDABAD CESTAT

2021-TIOL-654-CESTAT-AHM

Srinidhi Industries Ltd Vs CCE & ST

CX - The issue involved is, whether the appellant is entitled for exemption under Notification No. 30/2004-C.E. - Though the appellant availed Cenvat credit on capital goods but they have not utilized the said amount for payment of duty and balance of credit so availed was maintained and on being pointed out by Revenue, appellant reversed the credit - Since the credit was availed but the same was reversed before utilization, it will amount to non-availment of credit as held by Gujarat High Court in case of Ashima Dyecot Limited 2008-TIOL-659-HC-AHM-CX and maintained by Supreme Court - On the identical set of facts, in appellant's own case, Tribunal has allowed the appeal - In view of the said decision of Tribunal, the issue is no more res-integra - Accordingly, the impugned order is set-aside: CESTAT

- Appeal allowed: AHMEDABAD CESTAT