Tag: Latest case laws

Judicial Updates-11th Dec 2021

Posted on by Business So Simple in Company Law, Income Tax, Legal awareness

Bombay HC decodes Non Obstante Clause

Bombay high court in income tax matter in case of Small Industries Development Bank of India Vs Central Board of Direct Taxes (Bombay High Court) dated 02/12/2021 Explaining at length operative impact of non obstante clause A non-obstante clause is generally appended to a Section with a view to give the enacting part of the Section, in case of conflict, an overriding effect over the provision in the same or other Act mentioned in the non-obstante clause.

Small Industries Development Bank of India Vs Central Board of Direct Taxes (Bombay High Court) dated 02/12/2021

Authority of NCLAT Technical member for cancelling company’s license cannot be questioned

India Awake For Transparency Vs Union of India (Delhi High Court) dated 09/11/2021

Supreme Court directs Integration of Technology adopted to streamline, monitor all stages in Govt. Revenue Litigation, to ITAT, CESTAT, Other Tribunals

C.C.E. and S.T. Vs Bilfinder Neo Structo Contruction Ltd. (Supreme Court of India) dated 29 Nov 2021

Section 12 of IBC- Resolution process should complete within specified time limit – SC

Committee of Creditors of Amtek Auto Limited Vs Dinkar T. Venkatsubramanian (Supreme Court of India) dated 01 Dec 2021

Fine should adequately compensate the complainant S. 138, N.I. Act

 Yasir Amin Khan Vs Abdul Rashid Ganie (Jammu and Kashmir High Court) dated 22 Nov 2021

Section 48 of Arbitration Act not permits review on merits of dispute.

EIG (Mauritius) Limited Vs McNally Bharat Engineering Company Limited (Calcutta High Court) dated 10/11/2021

Collection of cash handling charges from stamp vendors by SBI is illegal

P. S. Shanmuga Sundaram Vs  Director Treasuries and Accounts Department (Madras High Court) dated 29/10/2021

Regards

Bipul Kumar

Judiciary updates (Income tax)- 09th Dec 2021

Posted on by Business So Simple in Income Tax, Legal awareness

HC deletes disallowance on Account of Slump Sale following its decision for earlier year

PCIT Vs Akzo Noble India Limited (Calcutta High Court) dated 24/11/2021

ITAT deletes addition for cash deposit bank as same were duly explained by Assessee

Sunil Mathur Vs ITO (ITAT Jaipur) dated 01/11/2021

Adjudication of correctness of CA’s report by Disciplinary committee of ICAI, no need once the report passed judicial scrutiny

Wholesale Trading Services P Ltd Vs The Institute of Chartered Accountants of India (Delhi High Court) dated 11/11/2021

Disallowance of expenditure sustainable when assessee unable to prove non-applicability of provisions of section 40(a)(ia)

Ilahia Trust Vs CIT (Kerala High Court) dated 15/11/2021

Penalty not leviable when serious financial constraint prohibited assessee from discharging self-assessment tax

DCIT Vs Karanja Terminal and Logistic Pvt. Ltd (ITAT Mumbai) dated 21/10/2021

No addition under Section 68 for loan received in earlier years

Sanjay Mehta Vs ACIT (ITAT Kolkata) dated 17/09/2021

Minimum Area of one acre of land for Section 80IB (10)- HC explains

PCIT Vs Karavali Housing (Karnataka High Court) dated 04/10/2021

No section 68 addition for trade creditors settled in succeeding year through banking channels

Madhu Solanki Vs ITO (ITAT Bangalore) dated 09/08/2021

Judiciary updates-03rd Dec 2021 (Income tax, GST & Corporate Laws)

Posted on by Business So Simple in Custom, GST, Income Tax, Legal awareness

Income Tax

Supreme Court dismisses Transfer Petition as withdrawn

 Rajinder Kumar Vs Central Board of Direct Tax & Anr. (Supreme Court of India) dated 15/11/2021

No addition of unaccounted investment if transactions were via Banking Channels

 ITO Vs Vaneet Mittal (ITAT Chandigarh) dated 22/10/2021

Petitioner entitled to avail NIL rate of withholding tax on aircrafts leased to AIL – Delhi HC

Celestial Aviation Trading 64 Limited Vs ITO (Delhi High Court) dated 12/11/2021

No deemed dividend on loan given on interest to Sister Concern for business

TCI Exim Pvt. Ltd. Vs ACIT (ITAT Delhi) dated 02/11/2021

GST

HC directs GST dept to reconsider registration of petitioner as composite dealer instead of regular dealer

Varsha Ritu Vs Union of India (Rajasthan High Court, Jodhpur Bench) dated 08/11/2021

HC Quashed order Cancelling GST Registration without Opportunity of Hearing

 S.S. Traders Vs State of U.P And 3 Others (Allahabad High Court) dated 02/11/2021

IGST Payable on supply of Import services under RCM

 In re GSPC(JPDA)LTD (GST AAR Gujarat) dated 06/09/2021

GST Evasion accused released on regular bail after 2½ years

Manish Vs State of Haryana (Punjab and Haryana High Court) dated 29/10/2021

Corporate Laws

Accident claim benefit available only when accident took place after reviving of policy

Life Insurance Corporation of India Vs Sunita (Supreme Court of India) dated 29/10/2021

HC expunges adverse remarks made by Customs Commissioner against an Advocate

 M. S. Srinivasa Vs Union of India (Karnataka High Court) dated 10/11/2021

Judiciary updates (Income tax & GST)- 25th Nov 2021

Posted on by Business So Simple in GST, Income Tax, Legal awareness

INCOME TAX

HC directs AO to pay ₹25000 to PM CARES for not following section 144B

Parag Kishorchandra Shah Vs The National Faceless Assessment Center & Ors. (Bombay High Court) dated 27/10/2021

Transfer Pricing Officer: Quasi-capital are treated differently than normal loan transactions

Bilakhia Holdings Pvt. Ltd. Vs ACIT (ITAT Surat) dated 11/10/2021

GST

No withholding of GST refund on account of need for verification of suppliers to supplier of ultimate exporter

Bhagyanagar Copper Private Limited Vs Central Board of Indirect Tax and Customs (Telangana High Court) dated 28/09/2021

GST Registration cancellation on Hyper-Technical grounds causes Revenue Loss: HC

CIGFIL Retail Pvt. Ltd. Vs Union of India (Calcutta High Court) dated 10/11/2021

Vires of Section 16(2) of CGST Act, 2017 challenged before HC

Unifab Engineering Project Pvt. Ltd. and anr. Vs Deputy Commissioner CGST And CEX (Bombay High Court) dated 16/11/2021

Provisional attachment after expiry of one year breaches Section 83 provisions of CGST Act

Formative Tex Fab Vs State of Gujarat (Gujarat High Court) dated 21/10/2021

Services by ‘Airbus Group India’ are ‘Intermediary service’ & liable to GST

 In re Airbus Group India Pvt. Ltd.  (GST AAAR Karnataka dated 09/11/2021

Bombay HC issues notice in challenge to Constitutional validity of 16(4) of CGST Act

Meta Tiles Pvt. Ltd. Vs Union of India (Bombay High Court) dated 29/10/2021

Regards

Bipul Kumar

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

Posted on by Business So Simple in GST, Income Tax, Legal awareness

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

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

Posted on by Business So Simple in Company Law, Income Tax, Legal awareness, Miscellaneous

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)

Posted on by Business So Simple in Company Law, GST, Income Tax, Legal awareness

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

Judiciary updates (Income tax, GST & Corporate Laws) -09th Nov 2021

Posted on by Business So Simple in Company Law, GST, Income Tax, Legal awareness

Income Tax

ITAT condone the delay in appeal filing as delay was in e-filing & not on manual filing

Gemini Iron and Steel (P) Ltd. Vs ITO (ITAT Chennai) dated 02/11/2021

TDS not deductible on exempt supplementary rent – Section 10(15A)

InterGlobe Aviation Ltd. Vs JCIT (ITAT Delhi) dated 29/10/2021

Capital subsidy liable to be excluded from computation of book profit

Sunrise Biscuit Co. Pvt. Ltd. Vs ITO (ITAT Gauhati) dated 28/10/2021

GST

SCN quashed by Bombay HC for allegedly availing inadmissible transitional credit as has been issued on an erroneous legal premise

Godrej & Boyce Mfg. Co. Ltd. Vs Union of India and Ors. (Bombay High Court) dated 29/10/2021

TDS under GST applicable if services not exempt from GST

In re Tukaram Pundalik Borade (GST AAR Maharashtra) dated 02/11/2021

Corporate Laws

Judgment debtor cannot raise objections to executions in installments: SC

Dipali Biswas & Ors. Vs Nirmalendu Mukherjee (Supreme Court of India) dated 05/10/2021

Beneficial scheme cannot run contrary to express terms of provisions

 Union of India Vs Abhiram Verma (Supreme Court of India) dated 30/09/2021

Regards

Bipul Kumar

Judiciary updates (Direct Tax, Indirect tax & Corporate Laws)-07 Nov 2021

Posted on by Business So Simple in Custom, GST, Income Tax, Legal awareness

HC directs dept to refund GST paid under wrong head by petitioner

SBI Cards & Payment Services Limited Vs Union of India (Punjab & Haryana High Court) dated 08/10/2021

Section 148 reassessment based on mere change of opinion is invalid

Jagannath Promoters & Builders Vs DCIT (Orissa High Court) dated 26/10/2021

Capital subsidy liable to be excluded from computation of book profit

Sunrise Biscuit Co. Pvt. Ltd. Vs ITO (ITAT Gauhati) dated 28/10/2021

No bail to person alleged of fraudulently inducing people to invest in Crypto Currency Chit Fund

Grant of bail was refused as applicant did not return the amounts due to the complainants and there was a breach of trust and faith and was against the national economy and national interest, whereby a large number of innocent investors had been duped of their hard-earned money.

Umesh Verma Vs State (Delhi High Court) dated 26/10/2021

Judgment cannot be given based on evidence recorded in other trial despite same offence

A.T. Mydeen and Another Vs Assistant Commissioner, Customs Department (Supreme Court of India) dated 29/10/2021

There Cannot Be Total Ban on Firecrackers : SC

Goutam Roy And Anr. Vs State of West Bengal & Ors. (Supreme Court of India) dated 01/11/2021

Regards

Bipul Kumar

Judiciary updates (GST)- 05 Nov 2021

Posted on by Business So Simple in GST, Legal awareness

TDS under GST applicable if services not exempt from GST

In re Tukaram Pundalik Borade (GST AAR Maharashtra) dated 02/11/2021

Bail granted to person accused of availing ITC fraudulently

Krishan Lal Chopra Vs Director General of GST Intelligence (Punjab and Haryana High Court) dated 28/10/2021

GST advance rulings are applicable within the particular state only

In re Kamdhenu Agrochem Industries LLP (GST AAR Maharashtra) dated 02/11/2021

Society claiming INR 7500 exemption cannot avail ITC

 In re Vishal Cooperative Housing Society Limited (GST AAR Maharashtra) dated 02/11/2021

No GST exemption on renting of property to Govt for under-privileged Girl in absence of Proper Info: AAR

In re Meerabai Tukaram Borade (GST AAR Maharashtra) dated 02/11/2021

Manpower Agency cannot escape GST liability on Gross amount by showing Services Charges and Salary/Wages Separately

 In re Prodip Nandi (GST AAR West Bengal) dated 08/10/2021

Regards,

Bipul Kumar