Like TIOL on Facebook Follow TIOL on TwitterSubscriber TIOL on YouTube

2023-TIOL-NEWS-154 Part 2 | July 03, 2023

Dear Member,

Sending following links.

Warm Regards,
TIOL Content Team


TIOL PRIVATE LIMITED.

For assistance please call us at + 91 7838594749 or email us at helpdesk@tiol.in.
TIOL Mail Update
 
ADVERTISEMENT

 
TODAY'S CASE (DIRECT TAX)

I-T - AO is justified in granting benefit of exemption u/s 12A for subsequent years as well, once it is proved that registration was already granted to assessee in 1987: SC

I-T - Amendment made to Sec 153C with effect from Jun 1, 2015 will be applicable to search operations conducted prior to June 1, 2015, reiterates: SC

I-T - Sec 37 requires recipient of subsidy benefit to set up new unit or substantially expand existing unit and utilize substantial portion of amount retained for capital purposes: SC

 
INCOME TAX

2023-TIOL-93-SC-IT

Maharishi Institute Of Creative Intelligence Vs CIT

Whether AO is justified in granting benefit of exemption u/s 12A for subsequent years as well, once it is proved that registration was already granted to assessee in 1987 - YES: SC

- Assessee's appeal allowed: SUPREME COURT OF INDIA

2023-TIOL-92-SC-IT

CIT Vs Anilkumar Gopikishan Agrawal

Having heard the parties, the Supreme Court noted that against the very impugned common judgment and order, a batch of appeals were preferred before this Court and the very common judgment has been set aside by this Court in the reported decision in the case of Income Tax Officer vs Vikram Sujitkumar Bhatia - 2023-TIOL-30-SC-IT . Thus, the issue involved in the present appeals is squarely covered against the Assessee and in favour of the Revenue in view of the said decision of this Court.

- Revenue's appeal allowed: SUPREME COURT OF INDIA

2023-TIOL-91-SC-IT

CIT Vs Gujarat Alkalies And Chemicals Ltd

Having heard the parties, the Supreme Court is satisfied that the terms of the scheme in this case require the recipient of the benefit to set up a new unit or substantially expand the existing unit and utilize substantial portion of the amount retained (at least 50% of the subsidy) for the capital purposes. For these reasons, the Apex Court refuses to interfer in the order of the High Court.

- Revenue's SLP dismissed: SUPREME COURT OF INDIA

2023-TIOL-90-SC-IT

ITO Vs Keenara Industries Pvt Ltd

Having heard the parties, the Supreme Court issued notices to respective parties, directing their appearances for further hearing on the issue of reopening vis-a-vis limitation period.

- Notice issued: SUPREME COURT OF INDIA

2023-TIOL-89-SC-IT

CIT Vs Cognizant Technology Solutions Of India Pvt Ltd

Having heard the parties, the Supreme Court refused to interfere in the order of the High Court on the issue of deduction u/s 10A.

- Revenue's SLP dismissed: SUPREME COURT OF INDIA

2023-TIOL-88-SC-IT

Aswani Enterprises Vs ACIT

Having heard the parties, the Supreme Court refuses to interfere in the order of the High Court observing that the amount of tax involved is low, in terms of CBDT Circular No. 17/2019 .

- Assessee's SLP dismissed: SUPREME COURT OF INDIA

2023-TIOL-87-SC-IT

Pr.CIT Vs Ambe Tradecorp Pvt Ltd

Having heard the parties, the Supreme Court condoned the delay and issued notices to respective parties, directing their appearance for further hearing on the issue of additions made u/s 68.

- Notice issued: SUPREME COURT OF INDIA

2023-TIOL-815-ITAT-MUM

DCIT Vs Grasim Industries Ltd

Whether the interest subsidy received under technology upgradation fund scheme, though credited in the net off against the interest expenditure in the books of account is capital in nature - YES: ITAT

- Revenue's appeal dismissed: MUMBAI ITAT

2023-TIOL-814-ITAT-MUM

National Securities Depository Ltd Vs ACIT

Whether AO is correct in making disallowance u/s 14A read with rule 8D apart from suo-moto disallowance made by assessee without recording any valid dissatisfaction with suo-moto disallowance made by assessee - NO : ITAT

- Assessee's appeal allowed: MUMBAI ITAT

2023-TIOL-813-ITAT-AHM

Posun Credit Cooperative Society Ltd Vs ACIT

Whether making an inaccurate claim by assessee is equivalent to furnishing inaccurate particulars of income, so as to warrant imposing penalty u/s 271(1)(c) - No: ITAT

- Appeal allowed: AHMEDABAD ITAT

 
TODAY'S CASE (INDIRECT TAX)

ST - The amount which is unpaid to employee is salary not paid and salary not paid is a part of total compensation of salary which is out of purview of service tax: CESTAT

 
INDIRECT TAX

2023-TIOL-86-SC-ST

CST Vs City View Bangalore Properties Pvt Ltd

ST - Revenue has challenged the order of CESTAT dated 25 February 2020 wherein it has allowed CENVAT credit on input services used for constructions of commercial complex which is meant for commercial activity and earning rent, which is taxable under the provisions of Finance Act, 1994 - CESTAT has allowed the appeal by following its earlier decision in Millennia Realtors Pvt. Ltd Vs. CCE [ 2020-TIOL-435-CESTAT-BANG ] - Revenue has averred in their Memorandum of appeal that in a similar case in respect of M/s Golf Links, Bangalore, the department has filed an appeal against CESTAT Final Order No.21081/2018 dated 02.08.2018 and the same is pending before the High Court of Karnataka (CEA 38/2019). After considering the submission, the High Court noted that it has considered the appeal CEA 38/2019 and dismissed the same for reasons recorded therein [Golf Links - 2022-TIOL-1515-HC-ST-KAR ].

Having heard the parties, the Supreme Court condoned the delay and issued notices to the respective parties, directing their appearances for further hearing on the issue of allowability of CENVAT credit on input services used for constructions of commercial complex which is meant for commercial activity and earning rent.

- Notice issued: SUPREME COURT OF INDIA

2023-TIOL-85-SC-CX

CCE & ST Vs Gujarat Industrial Development Corporation

Having heard the parties, the Supreme Court observed that effect of the decision of this Court in the case of ' Krishi Upaj Mandi Samiti vs. Commissioner of Central Excise and Service Tax' - 2022-TIOL-15-SC-CX vis-a-vis the functioning of the Gujarat Industrial Development Corporation under the Gujarat Industrial Development Act, 1962 are required to be considered by the Tribunal in light of the law laid down by this Court in the case of Krishi Upaj Mandi Samiti. In that view of the matter, the judgment and order passed by the Tribunal in appeal as well as the review application(s) are hereby quashed and set aside.

- Case remanded: SUPREME COURT OF INDIA

2023-TIOL-556-CESTAT-MUM

Kellogg India Pvt Ltd Vs CCGST & CE

ST - Appellant was issued with SCN demanding service tax - The SCN has very clearly stated that the amount is recorded in books of account as salary not paid to employees - Basic fundamental of charging service tax at ad valorem is that service provider has to receive consideration from service recipient - As per SCN, appellant has not received any consideration and therefore, question of payment of service tax does not arise - The amount which is stated by Revenue in SCN is amount not paid as salary and retained by appellant - Salary is out of purview of service tax - Further, issue is no more res integra and decided through case law in HCL Learning Ltd. 2019-TIOL-3545-CESTAT-ALL - In said final order of Tribunal, it has been held that such recovery is out of salary and salary is not covered by provisions of service tax and therefore, demand is not sustainable - By following said decision, impugned order is set aside: CESTAT

- Appeal allowed: MUMBAI CESTAT

 

 

Download on the App Store
Get it on Google play

 


NEWS FLASH

ED tightens screws on Anil Ambani

Delhi HC continues to deny bail to Manish Sisodia in liquor scam case

EC launched portal for parties to file financial details

Manufacturing PMI eases to 57.8 in June month

TOP NEWS

Startup20 Engagement Group's Summit marks first major milestone in global Startup Ecosystem

NOTIFICATION

dgft23not017

Amendment in Import Policy Condition under ITC (IIS) 08028010 of Chapter 08 of ITC (IIS) 2022, Schedule - I (Import Policy)

dgft23not016

Amendment in import policy condition for items under ITC(HS) code 07019000 of Chapter 07 of ITC (HS), 2022, Schedule-I (Import Policy)

Trade Notice 13

Procedure for allocation of quota for export of broken rice on humanitarian and food security grounds, based on requests received from Governments of other Countries

TIOL PRIVATE LIMITED.
TIOL HOUSE, 490, Udyog Vihar, Phase - V,
Gurgaon, Haryana - 122001, INDIA
Web: https://taxindiaonline.com
Email: updates@tiol.in
__________________________________
CONFIDENTIALITY/PROPRIETARY NOTE.
The Document accompanying this electronic transmission contains information from TIOL PRIVATE LIMITED., which is confidential, proprietary or copyrighted and is intended solely for the use of the individual or entity named on this transmission. If you are not the intended recipient, you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. This prohibition includes, without limitation, displaying this transmission or any portion thereof, on any public bulletin board. If you are not the intended recipient of this document, please return this document to TIOL PRIVATE LIMITED. immediately