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2022-TIOL-NEWS-081 Part 2 | April 08, 2022

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TODAY'S CASE (DIRECT TAX)

I-T - Non-speaking and non-reasoned order passed without discussing factual matrix and recording submission of parties, merits remand and adjudication afresh: SC

 
INCOME TAX

2022-TIOL-35-SC-IT

Union Bank of India Vs Addl.CIT

Whether payments of interest made to a statutory body calls for deduction of tax at source u/s 194A - YES: SC

- Assessee's appeal allowed: SUPREME COURT OF INDIA

2022-TIOL-34-SC-IT

Pr.CIT Vs Bajaj Herbals Pvt Ltd

Whether non-speaking and non-reasoned order passed without discussing the factual matrix and without recording the submission of parties, merits remand and adjudication afresh - YES: SC

- Revenue's appeal allowed: SUPREME COURT OF INDIA

2022-TIOL-373-ITAT-AHM

Sports Authority of Gujarat Vs DCIT

Whether interest income earned from surplus fund cannot qualify as income from business and profession as none of objectives of assessee trust is about carrying out any business or profession or even ancillary business to sporting activity - YES : ITAT

- Assessee's appeal dismissed: AHMEDABAD ITAT

2022-TIOL-372-ITAT-AHM

Banpal Oilchem Pvt Ltd Vs ACIT

Whether disclosure made by assessee during survey operation for amount of Rs. 2 crores includes amount of gross profit on unaccounted sales - NO : ITAT Whether assessee failed to provide primary documents to appreciate that cash transactions is inclusive of unaccounted sales - YES : ITAT Whether onus is on assessee to establish its contention by producing primary documents - YES : ITAT

- Assessee's appeal dismissed: AHMEDABAD ITAT

 
TODAY'S CASE (INDIRECT TAX)

Service matter - Doctrine of Necessity to be invoked when it is admitted that President of Departmental Inquiry Committee was replaced by someone due to ill health: SC

GST - GSRTC is merely transporting goods by providing space in its bus from one location to another -Supply is SAC 998599 (Other Support services) taxable @18%: AAR

GST - Fair Trade Premium forms part of the consideration for the goods supplied and is liable to tax at the same rate as applicable to goods: AAR

 
GST CASE

2022-TIOL-40-AAR-GST

Fair Trade Alliance Kerala

GST - Fair trade premium received by the applicant is nothing but part of the price that is actually paid/received in response to the supply of the goods made by the applicant and invariably constitutes an additional consideration received in respect of the supply of goods and is to be added to the taxable value of the respective goods supplied and liable to GST at the same rate as applicable to the goods supplied: AAR

- Application disposed of: AAR

2022-TIOL-39-AAR-GST

Gujarat State Road Transport Corporation

GST -Applicant, Gujarat State Road Transport Corporation is merely transporting goods given by Ashapura by providing space in its bus from one location to another location - GSRTC is neither a GTA nor a courier agency - GSRTC supplies Business Support Service to its recipient - SAC is 998599, covering Other Support Services nowhere else classified ; GST rate being 18%: AAR

GST -Bench fails to grasp the reason why the applicant GSRTC has cited the referred case laws as the facts of the case laws are different from the present facts: AAR

- Application disposed of: AAR

 
MISC CASE

2022-TIOL-33-SC-SERVICE

Jai Bhavani Shikshan Prasarak Mandal Vs Ramesh

Whether doctrine of necessity to be invoked when it is admitted that President of Departmental Inquiry Committee was replaced by someone due to ill health - YES: SC

- Appeal allowed: SUPREME COURT OF INDIA

 

 

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NEWS FLASH

Foreign funding of NGOs - ‘It is not an absolute right', says SC

Delhi gets roasted as temperature soars to 43 degrees

CJI laments new trend of Govts besmirching Judges if orders are not to their liking

India's Tax-to-GDP ratio peaks to 11.7% - highest so far

Tax mop-up in fiscal 2022 exceeds RE by over Rs 2 lakh crore - 7.6% higher, says Tarun Bajaj

COVID booster dose to be available to all above 18 at private clinics from April 10

Japan approves Covaxin to permit travel from India

Tesla goes for hi-tech opening of New Gigafactory at Austin in Texas

30 killed as Russian missile hits crowded railway station in Ukraine

 
TOP NEWS
 
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