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2021-TIOL-NEWS-295 Part 2 | December 15 2021

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INCOME TAX

2021-TIOL-264-SC-IT

ITO Vs V Mohan

Whether when ascertaining the mandatory or directory nature of provisions, the principles of interpretation of statutes require that legislative intent behind such provisions be considered & not necessarily the language in which such intent is expressed - YES: SC

Whether it is mandatory to serve notice u/s 6(1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 to a convict or detenu while initiating recovery action against any relative of such convict or detenu, in respect of any property alleged to be acquired illegally - NO: SC

- Appeals allowed: SUPREME COURT OF INDIA

2021-TIOL-1959-ITAT-DEL

Addl. CIT Vs Dawat Foods Ltd

Whether disallowance u/s 14A can be made where assessee did not utilise any interest-bearing funds for purpose of making investment - NO: ITAT

- Revenue's appeals dismissed: DELHI ITAT

2021-TIOL-1958-ITAT-MUM  

Sanjeev Chandrakant Deo Vs ITO

Whether since notice issued u/s 148 is not validly served on the assessee, therefore, assessment order passed u/s 143(3) r.w.s. 147 without valid service of notice u/s 148 is  void ab initio – YES: ITAT

- Assessee's appeals allowed: MUMBAI ITAT

2021-TIOL-1957-ITAT-PUNE

Solapur CETP Vs CIT

Whether when granting registration u/s 12AA, the claimant merits being given another chance to submit relevant information, where the claimant was unable to furnish the same due to lockdown imposed during COVID pandemic - YES: ITAT

- Matter remanded: PUNE ITAT

 
TODAY'S CASE (INDIRECT TAX)

GST - Transportation of pax service through ECOM operator - Delhi HC orders listing of matter : HC

 
GST CASE

2021-TIOL-2301-HC-DEL-GST

Uber India Systems Pvt Ltd Vs UoI

GST - The petition has been filed challenging clause (iv) of Notfn 16/2021- Central Tax (Rate) and clause 1(i) and clause 2(i) of Notfn 17/2021 - Central Tax (Rate) 2021 as ultra vires the Constitution of India being unreasonable, arbitrary and violative of Articles 14, 19(1)(g) and 21 of Constitution of India - Petitioner states that Notfn 16/2021 and Notfn 17/2021 have made amendments to parent notfns i.e. Notfn 12/2017 and Notfn 17/2017 in order to levy GST on supply of transportation of passenger service, through an 'electronic commerce operator', and provided by an auto rickshaw - The Impugned Notifications will come into effect from 1st January, 2022 and if an auto-driver registers itself with an e-commerce operator like petitioner and provides transportation of passenger services to passengers identified through such e-commerce platform, GST at 5% or 12% will become applicable on the fare collected on such passenger transport services through auto rickshaws, even though an auto ride through offline modes like street hailing of auto will still be exempt - Petitioner submits that the impugned notifications are violative of Article 14 of Constitution of India as they fail to satisfy the test of reasonable classification - He states that no differentiation in tax treatment can be created between passenger transport services rendered by auto drivers facilitated through e-commerce platforms versus passenger transport services rendered by auto drivers offline: HC

- Matter listed: DELHI HIGH COURT

 
INDIRECT TAX

2021-TIOL-2302-HC-KERALA-CX

Kuttippuram Service Cooperative Bank Ltd Vs CCE, C & ST

CX - The appellant, a Co-operative society registered under Kerala Co-operative Societies Act, 1969 and functioning with Head office at Kuttippuram in Malappuram District - The Additional Commissioner imposed service tax and also penalty against appellant - On going through the order of Tribunal, it is seen that order of Tribunal does not foreclose the appellant's case, but he is given an option to make predeposit before first appellate authority and if deposit is made, first appellate authority shall direct to consider appellant's case on merits - The court agrees with the order of Tribunal as it is a mandatory provision that appellant has to make pre-deposit as per Section 35F of the Act and only in that case, appeal need to be entertained - The order of Tribunal is confirmed - However, an opportunity can be granted to make pre-deposit as directed by Tribunal giving the appellant a period of three months to make the pre-deposit - If the deposit is made, Commissioner (A) shall dispose of the appeal on merits within a period of six months: HC

- Appeal disposed of: KERALA HIGH COURT

 

 

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NEWS FLASH

CJI cautions ED against using money laundering law against petty cases

9 killed as AP Transport bus noses into rivulet

CBI nabs top Railway Electrical Engineer accepting bribe & recovers Rs 2.2 Cr

UNESCO grants heritage status to West Bengal Durga Puja festival

US Secretary of State Antony Blinken winds up South Asia trip after COVID-19 case detected in accompanying group

 
TOP NEWS

Income Tax raids ARCs' 60 premises in Mumbai

Cabinet nod for Rs 2.3 lakh Cr Semiconductors & Display Manufacturing

MCA, FIU sign MoU for data exchange

Cabinet okays Rs 1300 Cr incentive scheme for RuPay & BHIM-UPI

Cabinet approves PM Krishi Sinchayee Yojana for 2021-26

 
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