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I-T - Additions u/s 68 on account of unexplained cash credits cannot be framed based solely on suspicions, where assessee discharges initial onus of establishing creditworthiness of donors: ITAT

I-T - Expenses incurred by industrial unit in overhauling old machinery qualifies as revenue in nature where no new asset is created & preserving old machinery entails no enduring advantage : ITAT

I-T - Assessment completed u/s 143(1) or 143(3) cannot be disturbed unless there is any incriminating material found in course of search relatable to such AY : ITAT

I-T - Since AO had issued notice u/s 142(1) calling for all details of share subscribers/share premium, PCIT u/s. 263 could not pass revision order on finding that source of share subscribers had not been properly enquired by AO : ITAT

I-T - CIT (A) in exercise of revisional jurisdiction cannot set aside assessment order for sole purpose of initiating penalty proceedings merely because of failure of AO to record his opinion about leviability of penalty : ITAT

I-T - After amendment to Explanation-1 to section 10(10D) a Keyman Insurance Policy even on assignment would remain such, hence, would come within exception provided u/s 10(10D)(b) therefore would not be eligible for exemption u/s 10(10D) : ITAT

I-T – Documents found from premises of third parties during search conducted u/s 132(1) are relevant only if they incriminate assessee : ITAT

ST - In case of any cultural or sporting event and/or services related to such event, shall be the 'place' where the event is actually held, since the event was held outside India appellant was not liable to pay service tax: CESTAT

2021-TIOL-812-CESTAT-ALL

Sporty Solutionz Pvt Ltd Vs CCGST

ST - The appellant had acquired 'Media/Broadcasting rights' of various sporting events from M/s Taj TV Ltd., Mauritius, for broadcasting cricket matches between Bangladesh and Zimbabwe in Bangladesh territory on payment of rights fee/license fee, and further sold/sub-licensed to other parties for broadcasting in Bangladesh only, against consideration in the name of rights/license fee - Department had alleged that the appellant was liable to pay service tax under 'Reverse Charge Mechanism' (RCM) for acquiring such rights from persons located outside India as recipient of services under category of 'Commercial Exploitation of Rights of Sports Events' upto June 2012 falls under definition of Services, not included in negative list w.e.f. 01.07.2012 - Rule 6 of Place of Provision of Services Rules, 2012, provides and clarifies that in case of any cultural or sporting event and/or services related to such event, shall be the 'place' where the event is actually held - Admittedly the event was held outside India (Zimbabwe), and this service has not been received in India, rather it was meant for Bangladesh, for which territory, telecasting rights were purchased and resold by appellants - Only for the reason that the appellant provider or trader of telecasting right is located in India, it cannot be assumed or presumed by any stretch of imagination, that the service under dispute has been received in India - The impugned orders are set aside: CESTAT

- Appeals allowed: ALLAHABAD CESTAT

2021-TIOL-811-CESTAT-BANG

Mercantile And Marine Services Vs CC

Cus - The appellant, a Customs broker was issued a license valid till 16.09.2026 - On the basis of intelligence, DRI searched the baggage and recovered Gold - The G-Card holder accepted that he invested Rs. 35 lakhs in seized gold - On the basis of offence report, appellant was suspended - The case of Department is that the G-Card Holder of appellant has accepted his role in smuggling of gold - However, it is found that the role of appellants themselves has not been clearly established so as to necessitate the suspension of Customs Broker License - Department submits that the matter is still under examination and Enquiry by Department - Under the circumstances, suspension of license of appellant is not warranted - Moreover, it has been reported that the SCN under CBLR has been issued - On completion of enquiries and examination, the Department is free to take suitable action - Therefore, said suspension is set aside - At the same time, this order should, in no way, come in the way of action, as deemed fit, that may be taken by Department on completion of proceedings initiated against appellant: CESTAT

- Appeal disposed of: BANGALORE CESTAT

2021-TIOL-810-CESTAT-AHM

Khemisati Polusacks Pvt Ltd Vs CCE & ST

CX - The issue involved is of admissibility of Cenvat Credit on outward GTA services availed for delivery of goods from factory gate to buyer's premises - In identical circumstances in appellant's own case for a different period the demand has been set aside and matter remanded - Relying on the said decision, matter is remanded to original adjudicating authority for afresh adjudication: CESTAT

- Matter remanded: AHMEDABAD CESTAT

2021-TIOL-809-CESTAT-MUM

Om Sairam Steels And Alloys Pvt Ltd Vs CCGST & CE

CX - Appeal is directed against impugned - The Commissioner (Appeals) has upheld the order of Additional Commissioner, by which a penalty has been imposed upon appellant under Rule 26 of Central Excise Rules, 2002 - A case was booked against M/s. RIMPL for clandestine clearance of M.S. ingots - One of the recipients of goods clandestinely cleared is M/s. RIPL - Appellant is/was one of the directors of RIPL - The case against RIMPL was adjudicated by Additional Commissioner - No person other than the appellant has filed any appeal before Commissioner (Appeals) - Penalty of Rs. 4,00,000/- has been imposed on company in which the appellant was Director and Rs. 3,00,000/- has been imposed on appellant - Penalty imposed on appellant under Rule 26 of Central Excise Rules, 2002 is reduced to Rs. 1,00,000/-: CESTAT

- Appeal partly allowed: MUMBAI CESTAT