Income Tax raid on Chemicals manufacturer and real estate developers in Gujarat (Ministry of Finance Press Release-21 Nov 2021)

Income Tax raid on Chemicals manufacturer and real estate developers in Gujarat (Ministry of Finance Press Release-21 Nov 2021)

Modus-operandi: Suppression of production, use of bogus purchase invoices without actual delivery of the goods to inflate purchases, availing of bogus GST credit, claim of bogus commission expenses, etc.

Result: The search operation has resulted in seizure of unaccounted cash of about Rs. 2.5 crore and jewellery of Rs. 1 crore. 16 bank lockers have been placed under restraint.

A preliminary analysis of the documents/evidence unearthed during the search has indicated that estimation of unaccounted income is likely to be more than Rs.100 crore.

Judiciary updates (Income Tax)-19 Nov 2021

Income Tax Exemption can’t be denied to BCCI merely because IPL is structured in more Profitable Manner

Board of Control for Cricket in India Vs PCIT (ITAT Mumbai) dated 02/11/2021

ITAT confirms addition of unexplained cash deposited in bank account

Shaheen Khan Vs ITO (ITAT Allahabad) dated 11th NOV 2021

Section 271(1)(c) penalty not sustainable if notice not specifies limb for levy of penalty

DCIT Vs Scooters India Ltd. (ITAT Lucknow) dated 02/11/2021

ITAT restores issue of Eligibility to claim depreciation on goodwill to AO

TUV Rheinland NIFE Academy Private Limited Vs ACIT (ITAT Bangalore) dated 01/11/2021

No addition on account of capitalization of royalty expenses as same is revenue in nature

Honda Motorcycle and Scooter India Pvt. Ltd. Vs ACIT (ITAT Delhi) dated 09/11/2021

Regards,

Bipul Kumar

आयकर विभाग ने दिल्ली और हरियाणा में छापेमारी की (10,000 Cr. टर्नओवर ki फिनटेक कंपनी ) (Ministry of Finance Press Release 17 Nov 2021)

आयकर विभाग ने दिल्ली और हरियाणा में छापेमारी की (10,000 Cr. टर्नओवर ki फिनटेक कंपनी ) (Ministry of Finance Press Release 17 Nov 2021)

जांच के दौरान यह भी पाया गया है कि कंपनी ने विदेशों में काम कर रही इस ग्रुप की अपनी ही कंपनियों को दो साल में सर्विस लेने के बहाने लगभग 500 करोड़ रुपए भेजे हैं। जांच के दौरान यह भी पाया गया कि समूह की कंपनियों को भेजी गई यह रकम या तो दी गई सर्विस के एवज में काफी अधिक है या फिर गलत है। साक्ष्यों से यह भी साफ हुआ है कि वेब आधारित आवेदन के जरिए लोन देने के इस बिजनेस का नियंत्रण विदेश से किया जा रहा है। जांच के दौरान विदेशी नागरिकों सहित प्रमुख लोगों के वक्तव्य लिए गए हैं।

  • 17 Nov 2021

Income Tax Department conducts searches in Pune on heavy machinery Manufacturer (MoF Press Release dated 16th Nov 2021)

Income Tax Department conducts searches in Pune on heavy machinery Manufacturer :  Detection of total unaccounted income exceeding Rs. 200 crore. Out of the above, the assessee group has, so far, admitted to unaccounted income of Rs. 120 crore. Seizure of unaccounted cash and jewellery of Rs. 1 crore.

The Income Tax Department carried out a search and seizure operation on 11.11.2021 on a group at Pune which is engaged in manufacturing of heavy machinery like excavators, cranes, concrete machinery which are used in mining, piling and port, etc. Search operation has covered around 25 locations across 7 cities in India.

During the course of the search, several incriminating documents and materials in the form of electronic data have been found and seized.  Analysis of this evidence shows that the assessee has been suppressing its profit by adopting various malpractices such as, artificial lowering of sales through credit notes, bogus claim of expenses through unsubstantiated trade payables, non-genuine claim of expenses on unused free-of-charge services, non-verifiable commission expenses to related parties, wrongful deferment of revenue and incorrect claims of depreciation, etc. In the case of related entities, evidence of cash receipts by dealers/brokers, unaccounted investment in properties and unaccounted cash loans have also been found and seized.

The search action has resulted in seizure of unaccounted cash and jewellery of Rs. 1 crore. 3 bank lockers found during the search have been placed under restraint.

The search action has led to the detection of total unaccounted income exceeding Rs. 200 crore. Out of the above, the assessee group has, so far, admitted to unaccounted income of Rs. 120 crore.

Further investigations are in progress.

Income Tax Department conducts searches in Andhra Pradesh and Telangana (MoF Press Release dated 16 Nov 2021)

The Income Tax Department carried out search and seizure operations on 10.11.2021 on three different groups at 30 different premises in Visakhapatnam, Hyderabad, Vizianagaram and Srikakulam. These groups are mainly engaged in real estate business of development of residential plots and construction of apartments.

During the search operation, various incriminating evidences such as digital evidence, hand written books, loose sheets containing undisclosed cash transactions were found and seized.  The analysis of this evidence reveals that expenses have been inflated through bogus claims, to suppress taxable income. It was also detected that the groups had resorted to making transactions in cash which have not been reflected in the books of accounts.

So far, unaccounted cash of Rs. 1.20 crore and jewellery valued at Rs. 90 lakh have been seized. Prohibitory orders have been placed on 9 bank lockers. Overall, the search operation has resulted in the detection of undisclosed income to the tune of about Rs.75 crore.

Further investigations are in progress.

Income Tax Department conducts searches in Gurugram (Two Group -real estate & tools and equipment manufacturing group -estimated unaccounted income to the tune of Rs. 600 crore, Seized Rs. 3.54 crore Cash & Jewellery valued Rs. 5.15 crore) MoF Press Release dated 15 Nov 2021

The Income Tax Department carried out search and seizure operations on 10.11.2021 on two groups, one engaged in real estate and hospitality and the other, a tools and equipment manufacturing group at Gurugram.

Various incriminating documents and electronic data relating to unaccounted investment in real estate, unaccounted sales and purchases, difference in stock, acquisition of shell companies, benami properties and transactions, bogus unsecured loans and share application money, evasion of capital gains, etc. were found and seized. Further, evidence of large sums of money having been received in the form of salary and remuneration by family members without any commensurate qualification or participation in the management of the businesses has been found and seized in one of the groups.

Total cash amounting to Rs. 3.54 crore and Jewellery valued at Rs. 5.15 crore have been seized. In total, 18 bank lockers have been placed under restraint.

The search action, in these groups, has led to the detection of estimated unaccounted income to the tune of Rs. 600 crore.

Further investigations are in progress.

Judiciary updates (Tax & Corporate Laws)-15 Nov 2021

Default bail U/s. 167(2) Cr.P.C. cannot be equated with discretion of Court U/s. 437, 438 or 439 Cr.P.C.

Amandeep Singh Bhui Vs Inspector (Preventive) Central Goods and Service Tax (Punjab and Haryana High Court) dated 28/10/2021

GST on reimbursement received from MMRDA

 In re Maha Mumbai Metro (M3) Operation Corporation Limited (GST AAR Maharashtra) dated 10/11/2021

Writ maintainable Alternative Remedy available examining records, facts mis-match

Kanunga Extrusion Private Limited Vs Assistant Commissioner (ST) (Madras High Court) dated 21/10/2021

Income Tax

No addition on account of capitalization of royalty expenses as same is revenue in nature

Honda Motorcycle and Scooter India Pvt. Ltd. Vs ACIT (ITAT Delhi) dated 09/11/2021

Other Corporate Laws

Stamp Duty refund cannot be denied for delay in Application due to Judicial Proceedings

Rajeev Nohwar Vs Chief Controlling Revenue Authority Maharashtra State, Pune and Others (Supreme Court of India) dated 24/09/2021

In a contempt jurisdiction, Court cannot travel beyond original judgment: SC

 V. Senthur And Another Vs M. Vijayakumar (Supreme Court of India) dated 01/10/2021

Onus to Prove Deficiency in Service is on Complainant: SC

SGS India Ltd. Vs Dolphin International Ltd. (Supreme Court) dated 06/10/2021

Regards,

Bipul Kumar

Taxpayers’ Lounge of Income Tax Department set up at IITF, 2021 (MoF Press Release dated 14 Nov 2021)

A Taxpayers’ Lounge has been set up by the Income Tax Department in India International Trade Fair, 2021 at Pragati Maidan, New Delhi from 14th – 27th November 2021, for fostering awareness about various services provided by the Income Tax Department to taxpayers and to facilitate compliance with the various Income-tax rules and procedures.

Shri J. B. Mohapatra, Chairman, Central Board of Direct Taxes, New Delhi inaugurated the Taxpayers’ Lounge today i.e 14.11.2021 at Hall No. 12 in the presence of Members of the Central Board of Direct Taxes, the Principal Director General of Income Tax (Administration and Tax Payer Services), the Principal Chief Commissioner of Income Tax (CCA), New Delhi and other senior officers of the Income Tax Department.

    The Taxpayers’ Lounge seeks to promote an environment of trust between the Department and the taxpayers as also to educate them about the initiatives taken by the Department in recent times. Keeping this objective in mind, various activities have been organised in the Taxpayers’ Lounge such as:

  1. Assistance in application for PAN/e-PAN, Aadhaar-PAN linking and PAN related queries.
  2. Assistance in e-Filing and Form 26AS (tax-credit) related queries.
  3. Providing Taxpayer Information Series brochures on various topics, available both in e-format and paper format.
  4. Virtual Reality Game and Video Car Game conveying the importance of paying Income Tax, to younger age-group visitors, in an engaging manner.
  5. NukkadNatak, Quiz shows, Magic shows, live caricature drawing and drawing/painting competitions for children etc. on the themes of taxation and nation-building for the present and future taxpayers visiting the Trade Fair.

         The lounge will also be utilized for obtaining feedback about the problems being faced by the taxpayers. The lounge is, therefore, not only a focused outreach program, but also a platform for exhibiting the service-oriented approach of the Department.

            All COVID protocols will be followed during interactions at the Taxpayers’ Lounge.

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Judiciary updates-13th Nov 2021 (Corporate Laws & Income Tax)

Liability of ensuring that keyword is not an infringement of trademark lies on Google

DRS Logistics (P) Ltd. Vs Google India Pvt Ltd & Ors. (Delhi High Court) dated 30/10/2021

Criminal liability on officers arises only when offence is committed by company

Dayle De’souza Vs Government of India (Supreme Court of India) dated 29/10/2021

Forwarding of documents immediately by ED to AA after order of freezing passed under PML Rules

Since none of the other relevant material, which was the basis of the seizure under Section 17(1A) and the complaint under Section 17(4) of the PMLA were supplied to assessee, as the same were not even supplied by the ED to the AA. Thus, ED should forward a copy of the documents to the Adjudicating Authority immediately after a freezing order under PML Rule.

 J K Tyre And Industries Ltd Vs Directorate of Enforcement (Delhi High Court) dated 27/10/2021

Bombay HC grants injunction in favor of Zee Entertainment in dispute with Invesco

 Zee Entertainment Enterprises Ltd. Vs Invesco Developing Markets Fund (Bombay High Court) dated 26/10/2021

Rental income from sub-lease shall be considered as Business Income since same was business of assessee

 Shanthilal Movji Bhai Thakker Vs ITO (ITAT Chennai) dated 03/11/2021

Change in service conditions vis-à-vis non-issuance of notice of change under section 9A makes transfer order illegal

Caparo Engineering India Ltd. Vs Ummed Singh Lodhi And Anr (Supreme Court of India) dated 26/10/2021

Amount lying in stale draft account cannot be treated as income

DCIT Vs The Karur Vysya Bank Ltd. (ITAT Chennai) dated 03/11/2021

Regards

Bipul Kumar

Judiciary updates-12th Nov 2021 (Income tax, GST & Corporate Laws)

Income Tax

ITAT disallows grossing up of TDS deducted on interest paid to AE

Lite-on Mobile India Pvt. Ltd. Vs DCIT (ITAT Chennai) dated 03 Nov 2021

Disallowing finance charges, which were allowed in earlier years, needs re-consideration – Matter remanded back to AO

Southern Hills Developers Pvt. Ltd. Vs DCIT (Karnataka High Court) dated 31 Aug 2021

Deduction allowable on loss suffered by assessee on Foreign Exchange Fluctuation Loss

PCIT Vs United Spirits Ltd. (Karnataka High Court) dated 02 Sept 2021

No interest expense disallowance when own fund exceeds capital work-in-progress

Axis Bank Limited Vs DCIT (ITAT Ahmedabad) dated 28 Oct 2021

GST

Separate GST registration need not be obtained at the place of importation

In re Pine Subsidiary Industry (GST AAR Karnataka) dated 29/10/2021

AAR cannot give ruling on whether HSN or SAC needs to be mentioned in invoice

 In re GEW (India) Pvt. Ltd. (GST AAR Karnataka) dated 08/11/2021

GST on job work services such as anodizing, plating, on goods/materials belonging to registered persons

In re ALCOATS (GST AAR Karnataka) dated 29 Oct 2021

Manpower services provided to Government entities not exempt from GST

 In re Sree Vinayaka Enterprises (GST AAR Karnataka) dated 29/19/2021

AAR cannot give ruling on value for levy of IGST on imports

In re HDL Industries (GST AAR Karnataka) dated 29/10/2021

Corporate Laws

Gold smuggling not covered within the definition of terrorist act under Unlawful Activities (Prevention) Act

Mohammed Shafi P. Vs National Investigation Agency (Kerala High Court) dated 02 Nov 2021

Arbitrator has Substantial Discretion in Awarding Interest U/s. 31(7)(a) of Arbitration Act: SC

Punjab State Civil supplies Corporation Limited (SC dated 20/10/2021)

Regards,

Bipul Kumar