I-T - Re-assessment cannot be initiated when assessment proceedings for the relevant AY are still on-going: HC

I-T - Re-assessment is valid where AO applies mind while recording reasons for re-assessment & where AO conducts own investigation after receiving inputs from Investigation Wing: HC

I-T - Re-assessment unsustainable when there is no income escaping assessment, as that Revenue itself assessed income for relevant AY: HC

I-T - Where any statute leads to some hardships, Revenue is obliged to construe these provisions in a reasonable manner : HC

I-T - Where assessee sells land as agricultural land & where such land is later converted to non-agricultural purpose by new owner, then assessee cannot be held liable to pay LTCG : ITAT

I-T - CIT (A) is right in restricting addition by estimating expenditure to tune of 5% of teak wood sales instead of 20% estimated by AO : ITAT

2022-TIOL-735-HC-DEL-IT

DCM Shriram Ltd Vs ACIT

Whether re-opening of assessment can be initiated when assessment proceedings for the relevant AY are still on-going - NO: HC

- Writ petition allowed: DELHI HIGH COURT

2022-TIOL-734-HC-AHM-IT

Pushpa Uttamchand Mehta Vs ITO

Whether re-opening of assessment is valid where the AO applies mind while recording reasons for re-assessment & where the AO conducts own investigation after receiving inputs from the Investigation Wing - YES: HC

- Writ petition dismissed: GUJARAT HIGH COURT

2022-TIOL-733-HC-AHM-IT

Sardar Vallabhbhai Patel Education Society Vs ITO

Whether re-assessment proceedings are sustainable when there is no income escaping assessment, considering that the Revenue itself assessed income of the assessee for the relevant AYs - NO: HC

- Writ petition allowed: GUJARAT HIGH COURT

2022-TIOL-732-HC-AHM-IT

Shree Maharaja Agrasen Seva Sansthan Vs CIT

Whether where any statute leads to some hardships, the Revenue is obliged to construe these provisions in a reasonable manner - YES: HC

- Assessee's writ petition allowed: GUJARAT HIGH COURT

CX - Appellant is entitled to interest @ 12% p.a. on amount of pre-deposit from the date of deposit till the date of grant of refund: CESTAT

Cus - Continuance of suspension of license without examining necessity of same impinges on fundamental right to work of applicant, application for early hearing is allowed: CESTAT

ST - Appellant neither provided any evidences before lower authority nor before this Tribunal to show that they have paid disputed service tax, therefore, demand of Service Tax is legally correct : CESTAT

2022-TIOL-433-CESTAT-DEL

Allied Chemicals And Pharmaceuticals Pvt Ltd Vs CCE & CGST

CX - The dispute is, whether the appellant is entitled to interest on amount of pre-deposit under Section 35FF of Central Excise Act, - Claim of interest has been rejected on the observation that the refund have been given within three months from the date of application for refund and accordingly it was held that they are not entitled to interest - Under similar facts and circumstances, Division Bench of Tribunal in case of Parle Agro Pvt. Limited 2021-TIOL-306-CESTAT-ALL held that an assessee is entitled to interest on such pre-deposit on being successful in appeal, from the date of deposit till the date of refund @ 12% p.a., following the ruling of Supreme Court in case of Sandvik Asia Ltd. 2006-TIOL-07-SC-IT - Accordingly, appellant is entitled to interest @ 12% p.a., from the date of deposit till the date of grant of refund - Adjudicating Authority is directed to disburse the amount of interest within a period of 45 days: CESTAT

- Appeal allowed: DELHI CESTAT

2022-TIOL-432-CESTAT-CHD

Secon Logistics Pvt Ltd Vs CC

Cus - Early hearing - Applicant is customs broker and his license has been suspended rendering him and his employees jobless - Irrespective of merits of case as far as application for early hearing is concerned the same needs to be allowed - Continuance of suspension of license without examining necessity of same impinges on fundamental right to work of applicant - Tribunal is not going into the merits of case and the nature of offence committed as the same needs to be examined when appeal is heard and not at this stage where only the application of early hearing is being examined - The appeal of applicant may be listed in next available Division Bench in Chandigarh: CESTAT

- Application allowed: CHANDIGARH CESTAT

2022-TIOL-431-CESTAT-AHM

Tops Security Ltd Vs CCE & ST

ST - The investigation against appellant was initiated by department on the ground that appellant charging and collecting service tax from their clients but the same is not deposited properly and timely - The case of department is that appellant out of total service tax of Rs. 1,24,96,001/- produced the evidences of deposit of service tax of Rs. 75,31,939/- only, thus failed to deposit service tax of Rs. 49,64,062/- - Appellant neither provided any evidences before Adjudicating Authority/Commissioner (Appeals) nor before this Tribunal to show that they have paid disputed service tax - Therefore, demand of Service Tax is legally correct - As regard the cenvat credit demand, appellant could not produce any evidence or documents on the basis of which credit was taken - Accordingly, the demand is sustainable - No infirmity found with impugned order, same is upheld: CESTAT

- Appeal dismissed: AHMEDABAD CESTAT