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2022-TIOL-NEWS-018 Part 2 | January 21, 2022

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TODAY'S CASE (DIRECT TAX)

I-T - Effort of taxpayer in attempting to invite different conclusion from writ court in respect of very same A.Y in which weighted deduction was denied, is not permissible: HC

 
INCOME TAX

2022-TIOL-05-SC-IT

Apollo Tyres Ltd Vs ACIT

Having heard the parties, the Supreme Court issued notice to the respective parties directing their appearance for further hearing on the issue of eligibility of weighted deduction.

- Notice issued: SUPREME COURT OF INDIA

2022-TIOL-84-HC-KERALA-IT

Apollo Tyres Ltd Vs ACIT

Whether effort of taxpayer in attempting to invite a different conclusion from writ court in respect of very same Assessment Year in which weighted deduction was denied, is not permissible - YES: HC

- Assessee's appeal dismissed: KERALA HIGH COURT

2022-TIOL-99-ITAT-PUNE

Hextech Engineers India Pvt Ltd Vs ACIT

Whether the vires of re-assessment proceedings merit being upheld where the AO spells out the reasons for re-opening of assessment and the same do not leave any room for guess work or surmises - YES: ITAT

- Assessee's appeals dismissed: PUNE ITAT

2022-TIOL-98-ITAT-CHD

Late Shri Ghansham Dass Vs DCIT

Whether interest paid by assessee partner on excess withdrawals from partnership firm can be allowed while computing the taxable income of a partner of firm - YES : ITAT

- Assessee's appeal partly allowed: CHANDIGARH ITAT

2022-TIOL-97-ITAT-JAIPUR

Abhimanyu Sharma Vs ITO

Whether deposit of employees's contribution towards ESI and PF paid before the due date of filing of return of income u/s 139(1) can be allowed for AY 2018-19 - YES : ITAT

- Assessee's appeal allowed: JAIPUR ITAT

 
TODAY'S CASE (INDIRECT TAX)

GVAT - Exemption which is erroneously granted to assessee can be revoked in subsequent AYs where assessee does not satisfy pre-requisite conditions for availing such exemption: SC

VAT - Assessee is entitled to benefit of 100% waiver of penalty levied upon him u/s 70(2) r/w/s 39 of KVAT Act, if reassessment order was passed prior to cut off date: HC

 
MISC CASE

2022-TIOL-06-SC-VAT

State of Gujarat Vs Arcelor Mittal Nippon Steel India Ltd

Whether exemption erroneously granted vide a special scheme for industrial units can subsequently be revoked by the Revenue, where the industrial unit in question is not satisfying the requisite criteria for availing such exemption - YES: SC

Whether the Doctrine of Promissory Estoppel is inapplicable in respect of taxation matters & whether the Revenue can take a different position from its earlier stances by establishing distinguising features - YES: SC

- Revenue's appeal allowed: SUPREME COURT OF INDIA

2022-TIOL-87-HC-KAR-VAT

Rajamahal International Pvt Ltd Vs State of Karnataka

Whether assessee would be entitled to benefit of 100% waiver of penalty sought to be levied upon him u/s 70(2) r/w/s 39 of KVAT Act, if reassessment order was passed prior to cut off date as stipulated in such scheme - YES: HC

- Assessee's petition allowed: KARNATAKA HIGH COURT

 
INDIRECT TAX

2022-TIOL-86-HC-MAD-ST

Ootacamund Club Vs Pr.CGST & CE

ST - Petitioner has challenged the statement of demand seeking to recover service tax on services provided by them under category of clubs/associations for the period between April 2016 to June 2017 - Though petitioner is required to file a reply to statement of demand and participate in adjudication mechanism prescribed under FA, 1994, issue is covered against revenue in terms of decision of Supreme Court in Calcutta Club Limited which has been followed by this Court in petitioner's own case - Since the issue is covered in favour of petitioner, no useful purpose will be served in relegating the petitioner to file reply to statement of demand: HC

- Writ petition allowed: MADRAS HIGH COURT

2022-TIOL-85-HC-MAD-CUS

Nipun Miglani Vs Addl. DG of DRI

Cus - It is the specific case of petitioner that respondents have wrongly attached their bank accounts before Jurisdiction of this Court contrary to Section 110(5) of Customs Act, 1962 inserted w.e.f. 01.10.2019 - It is submitted that the respondents are not authorized to attach bank accounts of petitioner as respondents are not proper officers within the meaning of Section 234 of Customs Act and the issue stands squarely covered by decision of Supreme Court in Canon India Private Limited 2021-TIOL-123-SC-CUS-LB - Though the arguments advanced by both parties appeared equally meritorious, it is noticed that petitioner's representation and the legal notice has not received adequate attention - It is not clear whether the bank accounts of petitioner has been attached at the behest of first and second respondents or by the jurisdictional officers of customs - Considering the same, first respondent is directed to give proper reply/pass appropriate orders on the representation and legal notice of petitioner within a period of fifteen days: HC

- Writ petition disposed of: MADRAS HIGH COURT

 

 

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