Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Tax Updates - TMI e-Newsletters

Home e-Newsletters Index Year 2022 April Day 11 - Monday

TMI e-Newsletters FAQ
You need to Subscribe a package.

Newsletter: Where Service Meets Reader Approval.

TMI Tax Updates - e-Newsletter
April 11, 2022

Case Laws in this Newsletter:

GST Income Tax Customs Corporate Laws Insolvency & Bankruptcy Service Tax Central Excise CST, VAT & Sales Tax Indian Laws



Highlights / Catch Notes

    GST

  • Seizure of goods alongwith vehicle - place of supply was not included in the GST registration - oth the petitioner and the respondent admit that as on date the above said address has been included in the petitioner's place of business in the GST Registration. Thus, there is a post facto inclusion of the address, which was mentioned in the tax invoice raised by the supplier and in the E-way Bill. - There is no attempt to evade tax - HC

  • Valuation of Supply - the amount received by the applicant in this regard shall form a part of the value of supply on which tax shall be levied in terms of sub-section (1) of section 9 of the GST Act. The value of supply, as per clause (c) of sub-section (2) of section 15, shall include ‘incidental expenses, including commission and packing, charged by the supplier to the recipient of a supply and any amount charged for anything done by the supplier in respect of the supply of goods or services or both at the time of, or before delivery of goods or supply of services.’ - AAR

  • Exemption from GST - pure services or not - Appointment of Medicare as a sub-contractor with the work of collection and disposal of bio-medical waste for the zones concerned - The services provided by the applicant for the collection and disposal of bio- medical waste from various clinical establishments is found to be a matter as listed in the Eleventh and/or Twelfth Schedule in relation to functions entrusted to a Panchayat under article 243G and/or to a municipality under article 243W of the Constitution of India. - AAR

  • Maintainability of second bail application - Seeking grant of bail - availment of wrongful ITC - outward supply by issuing fake invoices - In the absence of any changed circumstances and in view of the fact that prima facie case is made out for alleged GST evasion of a high magnitude on the part of the applicant and as the investigation is still underway, the applicant cannot be released on bail - DSC

  • Income Tax

  • Reopening of assessment u/s 147 - mandation of final assessment order after the Jurisdictional Assessing Officer (JAO) disposed the objections - Time for the JAO to dispose petitioner’s objections, if any, is extended by further period of four weeks from today. At the cost of repetition, it is directed that the JAO shall consider all submissions being made by petitioner and grant a personal hearing with atleast seven days advance notice. - HC

  • Stay of demand when the appeal is pending consideration - As already more than 18 months have elapsed since the petitioner was directed by the respondents to upload the hearing note which it had in fact done, and even after that, the respondents failed issue the final order in the appeal, interests of justice demands that recovery proceedings ought not to be pursued in the meantime. - HC

  • Characterization of receipts - nature of receipts - compensation received as consideration for restrictive covenant to not to do business in the same line for a prescribed period - The amount being in nature of a “capital receipt” was not exigible to tax. - AT

  • Exemption under section 11 - As per AO assesseee’s activity of conducting circulation audit was clearly a business activity for which consideration in the form of membership subscription and one time entrance fees was received - Merely came into existence of provision of Section 2(25) of the Act nowhere makes the object of the Assessee commercial in nature. Instances of business and profession are also not on record. Taking into account all the facts and circumstances of the case, we are of the view that the CIT(A) has wrongly denied the claim of the assessee u/s 11 of the Act which is liable to be allowed in the interest of justice. - AT

  • Exemption u/s 11 - Since the assessee has been claiming exemption u/s.10(23C) in the earlier years therefore during the year under consideration there is high probability that assessee again claimed exemption u/s.10(23C) by overlooking the fact that it had already got registration u/s.12A of the Act which in any case was available with the assessee before the filing of return of income. The mistake has occurred as a human error and should have been judicially considered - we direct the Assessing Officer to allow the exemption to the assessee u/s.12A of the Act in accordance with law - AT

  • Reassessment u/s. 147 vide notice of u/s. 148 - As per the settled law, the Assessing Officer should have given opportunity to the assessee to contest the reopening and file objections against the reasons recorded. However, in this case, the reopening was done on the last date of limitation period, therefore, no opportunity to file objections has been granted to the assessee which violates the principles of natural justice. - AT

  • Assessment of trust - donation in corpus fund and in non-corpus fund - The addition stood made without confronting the assessee in this regard and thereby violating the basic principles of natural justice and basing the assessment order on the enquiry conducted at the back of the assessee. - it cannot at all be said that the ld. CIT(A) deleted the addition merely on the basis of the affidavit submitted by the assessee - AT

  • LTCG - Deduction u/s 54 - Profit on sale of property used for residence - assessee was already in the possession of the residential house at the time of purchase of the new house - The assessee cannot be denied the benefit of the deduction provided under section 54 of the Act if he has a house at the time of transfer of the property and makes the investment in another residential property. Accordingly, the finding of the authorities below is devoid of any merit. - AT

  • Customs

  • Validity of SCN - Jurisdiction - Proper Officer or not - whether by virtue of the notifications dated 07.07.1997, 07.03.2002 and 06.07.2011, the DRI would have the authority to act under Section 28 of the Customs Act - The show cause notice under Section 28(1) could be issued by the “Proper Officer”. A “Proper Officer” is one, who is defined in Section 2(34) as the officer of Customs, either by the Board or by the Commissioner of Customs, who is assigned specific functions - the Respondent No.2 had the jurisdiction to issue impugned show cause notice. - HC

  • Seeking provisional release of goods - Revenue found it necessary to insist upon additional security deposit - Section 110 of Customs Act, 1962 mandates release of goods within six month from the date of seizure unless show-cause notice proposing confiscation has been issued or, on compliance with prescribed procedure, within further six months. The pendency of appeal against the terms of release does not alter the prescription therein. - The retention of goods, not validated by issue of notice, is not tenable in law and must, in accordance with the law, be released unconditionally to the appellant. - AT

  • Indian Laws

  • Dishonor of Cheque - application of presumption, when execution of the so called pro-note is not admitted - Merely because the plaintiff advanced loan to the defendant on various dates and the defendant executed the pronote subsequently in recognition of his liability, it cannot be said that the pronote is not supported by consideration. There is no difficulty in accepting the legal position that a statutory presumption is always rebuttable - However, in the present case, the plaintiff has taken meticulous efforts to prove the transaction. - HC

  • Service Tax

  • Extended period of limitation - Classification of services - processing and printing photograph from the negative supplied by their client - the issue involved is interpretation of law. - The suppression of fact cannot be alleged against the appellant. - AT

  • Central Excise

  • CENVAT Credit - common inputs and input services which have been used in the manufacture of dutiable and exempted goods - even if the details were not declared in the prescribed form but the details are otherwise required to be declared in the form are otherwise available with the department, therefore, mere non filing of declaration cannot be the reason that the appellant’s option for the proportionate reversal is not available. - AT

  • CENVAT Credit - Input Services - services of electricity expenses in connection with their head office - The location of the head office is immaterial so long it is used only for the operation of the factory’s activities, therefore, any service received in head office is in relation to the manufacturing activity of the appellant. - even though the input service was received by the head office but since it is in connection with overall business activity of the manufacturing unit, the credit is admissible - AT


Articles


Notifications


News


Case Laws:

  • GST

  • 2022 (4) TMI 469
  • 2022 (4) TMI 467
  • 2022 (4) TMI 466
  • 2022 (4) TMI 465
  • 2022 (4) TMI 464
  • 2022 (4) TMI 463
  • 2022 (4) TMI 462
  • 2022 (4) TMI 417
  • 2022 (4) TMI 416
  • Income Tax

  • 2022 (4) TMI 461
  • 2022 (4) TMI 460
  • 2022 (4) TMI 459
  • 2022 (4) TMI 458
  • 2022 (4) TMI 457
  • 2022 (4) TMI 456
  • 2022 (4) TMI 455
  • 2022 (4) TMI 454
  • 2022 (4) TMI 453
  • 2022 (4) TMI 452
  • 2022 (4) TMI 451
  • 2022 (4) TMI 450
  • 2022 (4) TMI 449
  • 2022 (4) TMI 448
  • 2022 (4) TMI 447
  • 2022 (4) TMI 446
  • 2022 (4) TMI 445
  • 2022 (4) TMI 444
  • 2022 (4) TMI 443
  • 2022 (4) TMI 442
  • 2022 (4) TMI 441
  • 2022 (4) TMI 440
  • 2022 (4) TMI 439
  • 2022 (4) TMI 438
  • 2022 (4) TMI 437
  • 2022 (4) TMI 414
  • 2022 (4) TMI 413
  • Customs

  • 2022 (4) TMI 436
  • 2022 (4) TMI 435
  • Corporate Laws

  • 2022 (4) TMI 434
  • 2022 (4) TMI 412
  • Insolvency & Bankruptcy

  • 2022 (4) TMI 433
  • 2022 (4) TMI 432
  • 2022 (4) TMI 431
  • 2022 (4) TMI 430
  • 2022 (4) TMI 429
  • 2022 (4) TMI 428
  • Service Tax

  • 2022 (4) TMI 427
  • 2022 (4) TMI 426
  • 2022 (4) TMI 425
  • Central Excise

  • 2022 (4) TMI 424
  • 2022 (4) TMI 423
  • 2022 (4) TMI 422
  • 2022 (4) TMI 421
  • CST, VAT & Sales Tax

  • 2022 (4) TMI 415
  • Indian Laws

  • 2022 (4) TMI 470
  • 2022 (4) TMI 468
  • 2022 (4) TMI 420
  • 2022 (4) TMI 419
  • 2022 (4) TMI 418
 

Quick Updates:Latest Updates