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GST - Rule 89 - Refund of ITC - 14/2022-CT - Benefit that gets accrued by way of legislation cannot be denied/curtailed moreso when it is clarificatory in nature: HCGST - Refund of ITC - Production of shipping bills - Transmission of energy could not have been visualized when Rule 89(2) was incorporated in the Statute book: HCGST - Requiring petitioners to produce shipping bills, as proof of export cannot be made applicable to electricity as export can only be through transmission line, but not through rail, road or water for which documents can be made available: HCEconomy Needs Synergetic Inputs to fix twin Deficits of Inflation & Rupee fall43 injured in fire at Durga Puja pandals on UPAgriculture Income & ITR 7OPEC+ debate cutting production by 1 million barrels per day; Crude price up by 3%I-T - 6 months' limitation for deciding refund claims is to be followed strictly: HCBrazil’s Presidential elections: Neither candidates get 50% votes; Bolsonaro to face Lula in second round of pollI-T- Customs duty paid for yacht can be allowed as it is not used by assessee for its own personal use and has operated yacht for benefit and use of entities paying operating fee : ITATLanka reduces tax rate on sanitary napkins amid fiscal crisisI-T - No addition on account of bogus sundry creditors can be made, if AO fails to substantiate non-availability of vendors: ITATXiaomi expresses despair over attachment of Rs 5500 Cr assets in IndiaST - No service tax is payable on amount collected towards liquidated damages: CESTATTruss says her Chancellor decided himself to reduce UK’s rate for top tax bracketCX - There is no reason to deny refund when assessee has availed drawback of only the customs duty portion and not of excise duty: CESTATSexual assault case against founder of JD.com, China’s one of biggest e-commerce giants, settled in USCX - After 1.4.2011, appellant cannot avail credit on outdoor catering services, thus credit availed for period 1.4.2011 to 30.4.2011 which is part of SCN is not eligible for credit: CESTATIsrael, Lebanon about to hammer out deal on maritime tangled borderCus - First Appellate Authority was correct in allowing appeal thereby ordering provisional release of goods in question and since there is no change in facts, same is followed in case on hand as well: CESTATBurkina Faso’s junta leader agrees to dethrone himselfUkraine war - France’s spirited support being questioned; 2% arms support found lowest in EUDeath toll from Hurricane Ian mounts beyond 80 thus far in Florida & Carolina put togetherMexico braces up for Hurricane OrleneSP’s supremo Mulayam Singh Yadav is in ICU at Gurugram MedantaGovt reduces export duty on petro goods; makes Special Additional Excise Duty NIL for ATF; Rs 3.5 per litre on diesel & Rs 8000 per tonne for petrol125 die in Indonesian stampede after fans invade football ground and police hurl teargas; 180 injuredAnti-hijab fire spreads across Iran; Rallies organised throughout countryKing Charles III not to attend COP27 in Egypt on advice of Truss GovtUS, Venezuela swap prisoners - 7 Americans for 2 relatives of President MaduroUS, Japan & Australian Defence Ministers vow to work against Chinese military ambitionsWIPO’s Global Innovation Index - India walks up to 40th rankFM says IBC law cannot be allowed to lose its teeth and object
 
A lucid compilation of case laws in favour of Revenue

Departmental

Case Laws In Favour of Department 2nd Edition
Authored by Mr. Shaji P. Jacob
Published by Directorate of Income Tax (Public Relations, Printing, Publications & official Language)
No of Pages: 942
Price: Nil- For Departmental use only

THERE is no dearth of voluminous commentaries, treatise on the subject of income tax laws, including both from private publishers and learned authors from the Department. But the utmost need of a concise and comprehensive compilation of cases/rulings in favour of the Revenue, was always felt and can hardly be over emphasized. Mr. Jacob, Additional Commissioner of Income Tax, Chennai Circle who authored the first edition of the book in 2009, has again undertaken the painstaking exercise of tracking and collating all latest case laws favouring the Department and has come out with the second edition. This goes without saying that the book demonstrates a consistent initiative of the author in effectively presenting comprehensive and consolidated knowledge of case laws in favour of the Department, which would definitely prove to be a boon in the hands of adjudicating authorities, Departmental Representatives, etc,.

The book opens with discussion on topics like fundamental tools of interpretation of statues, instances of lifting of corporate veil in sham transactions, procedural lapses, principle of natural justice, etc., which provide readers an extesnive overview of fiscal jurisprudence, evolved through a series of landmark precedents. Thereafter, the author has comprehensively addressed each individual head of income divided into broad 13 Chapters.

Each Chapter contains further sub heads under which comprehensive number of case laws have been listed, in concise paragraphs containing narration of ratio of judgments/orders delivered by Courts/Tribunals along with their respective citations. The striking brevity and intelligent presentation of case laws enable readers to locate relevant cases even amongst such extensive numbers, is definitely one of the most appealing features of the book. Chapter 5 Deductions and Exemptions covers a plethora of case laws and ensures that no important case law on the subject has been left out. Chapter 10 International Taxation Issues also extensively covers in the light of its growing importance, all latest case laws on the issues of permanent establishment, Double Taxation Avoidance Agreements, transfer pricing, etc,.

While the book is only for Departmental use, but being a compilation of case laws favouring the taxman, this would immensely generate interest amongst concerned section of readers across the industry, for a better understanding of positions held by Courts/Tribunals in their respective cases. The author has also referred at various places citations of TIOL, a welcome gesture highly appreciated by the team at TIOL.


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