I-T - AO needs to satisfy himself that undisclosed income belongs to any person other than person with respect to whom search was made u/s 132 or whose books of account were requisitioned u/s 132A: HC

I-T - Power to extend end date for completion of proceedings & compliances, which was conferred on Central Government u/s 3(1) of TOLA, cannot extend period of limitation provided u/s 149(1)(a) I-T Act: HC

I-T - Criminal proceedings initiated u/s 276CC deserves to be quashed for wilful failure to file ITR for reason that return filed after receipt of SCN for prosecution led to claim of refund on account of prepaid taxes: HC

I-T - Section 245C(5) as amended by the Finance Act, 2021, is to be read down by removing retrospective last date of Feb 01, 2021 as May 31, 2021: HC

I-T - Tax implication of re-casted books of accounts can only be found if assessee files return of income in pursuance of re-casted books of accounts: HC

I-T - Change of opinion does not constitute justification and/or reasons to believe that income chargeable to tax has escaped assessment: HC

I-T - Since deductor failed to deposit tax with government, recovery proceedings can only be initiated against deductor and not deductee: HC

I-T - No addition is permitted on account of unexplained deposits u/s 69 in absence of ‘beneficial ownership': HC

Cus - Exemption from SAD on import of Wind Operated Electricity Generator parts, is conditional on importer producing certificate from Ministry of New and Renewable Energy ; exemption rightly denied where claimant fails to obtain requisite certificate: CESTAT

2023-TIOL-1053-CESTAT-MUM

Jaika Motors Ltd Vs CCE

ST - Issue relates to Conformation of Service Tax demand against appellant alongwith interest and penalties under Sec 77 and 76 of Finance Act, 1994 under heading ‘Business Auxiliary Service' by Commissioner on the amount received by it as incentive in respect of sale of goods - Appellant is a dealer of M/s Tata Motors engaged in sale of cars and providing service as authorized service station to car purchasers of Tata Motors as well as other related services including arrangement of finance against which it has been receiving commission and paying Service Tax for service component under heading ‘Business Auxiliary Service' as defined under Section 65 of Finance Act, 1994 - During scrutiny of records and reconciliation of amount received by noticee, it was observed that appellant had received incentives from M/s Tata Motors Ltd. but had not paid Service Tax on incentive amount - Accordingly, for initial period between 2005 to 2010, SCN was issued issued - The summary of incentive received, which is annexed to notice under Sec 73(1A), clearly indicates that against purchase of 4 items namely vehicles and its components, incentives were given to Appellant and the same can't be considered as paid against any service since paid against sale of goods: CESTAT

- Appeal allowed: MUMBAI CESTAT

2023-TIOL-1052-CESTAT-HYD

Mylan Laboratories Ltd Vs CC, CE & ST

CX - Appellant is manufacturing both dutiable and exempted products - The exempted goods are cleared to domestic market, for exports to EOUs and to SEZs - For the period 02/10/2010 to March 2013 and April 2013 to March 2014 two SCNs were issued on the ground that they were exporting goods which were unconditionally exempt and appellants were taking CENVAT credit on both dutiable and exempted goods - Accordingly, SCN demanded that appellant is required to pay 6/8% of value of goods which were cleared to EOUs and SEZS - This Bench in their own case has held that no CENVAT reversal is required - Present appeals are on account of periodical show cause notices issued to appellant on the same issue - Therefore, appeals filed by the appellant are allowed with consequential relief: CESTAT

- Appeals allowed: HYDERABAD CESTAT

2023-TIOL-1051-CESTAT-MAD

CC Vs Gamesa Wind Turbines Pvt Ltd

Cus - The Assessee imported parts of Wind Operated Electricity Generators vide various Bills of Entry - As per Notification No. 21/2012-Cus., dt. 17.3.2012 as amended by Notification No. 21/2014-Cus., dated 11.07.2014, the Assessee would be eligible for the benefit of exemption, if they produce a certificate at the time of import from the Ministry of New and Renewable Energy (M.N.R.E) The respondent herein did not produce the requisite certificate at the time of import and later on the basis of an Office Memo issued by the M.N.R.E, they filed a refund claim for the refund of the Special Additional Duty (S.A.D) paid by them - The said refund claim was rejected by the original authority vide order dt. 16.06.2015 stating that the refund claim cannot be allowed as the Assessee has not challenged the assessment - Against this order, the Assessee filed appeal before the Commissioner (Appeals). After taking note of the submissions made by the Assessee, the Commissioner (Appeals) vide order impugned herein held that the Assessee is eligible for the benefit of Notification No.21/2012 as they have produced the required certificate from M.N.R.E - The original authority's assessment order was set aside and the matter was remanded to the Assessment Group to recall and reassess the Bill of Entry extending the benefit of Notification No. 21/2012 as amended by Notification No.21/2014-Cus. Held - The facts narrated above show that one of the conditions for availing the benefit of the exemption from Special Additional Duty at the time of import of the impugned goods is that the importer has to produce a certificate from the Ministry of New and Renewable Energy, Govt. of India - The Assessee has not furnished the certificate while filing the Bills of Entry - There is nothing stated in the notification that the said condition can be condoned even if the Assessee does not have the required certificate and have furnished only an office memorandum issued by the M.N.R.E - We therefore find that the order passed by the Commissioner (Appeals) is not legal and proper - The direction to remand the matter so as to recall and reassess the bills of entry cannot therefore sustain - The impugned order is set aside - The order passed by the original authority is restored: CESTAT

- Revenue's appeal allowed: CHENNAI CESTAT