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- 2021 (4) TMI 657 - KERALA HIGH COURT
Dishonor of Cheque - Rebuttal of presumptions under Sections 118 and 139 of NI Act - genuine document supported by consideration or not - HELD THAT:- As rightly noticed by the learned Magistrate, it appears that his scribe has strained very much to adjust the space by modulating the size of letters in accordance with the space available above the signature of the first respondent, which is shown in the stamp paper. Moreover, though four signatures of the first respondent are shown in the stamp paper, which, according to the appellant, are that of the first respondent, the first respondent admits only one. On the very face of the document, three signatures are in one ink and another signature on the top, that is found against the name of the first respondent, is in different ink. If the document was signed by the first respondent in a sing....... + More
- 2021 (4) TMI 656 - ORISSA HIGH COURT
Sabka Viswas Legacy Dispute Resolution Scheme, 2019 - mistake in indicating the category as 'arrears' and sub-category 'appeal not filed or appeal having attained finality' whereas it should have indicated the category as 'litigation' - Section 127 of the Finance Act, 2019 read with Rule 6(2) of the Sabka Vishwas (Legacy Dispute Resolution) Schemes Rules, 2019 (SVLDRS Rules, 2019) - HELD THAT:- The Court is of the view that the very fact that the Designated Committee granted registration number for the correctly filed SVLDRS-1 on 14th January, 2020 shows that the earlier objections were waived. Having processed the subsequently filed SVLDRS-1 and indicating those details in the SVLDRS-3 issued, there appears to be no justification for Opposite Parties to not accept NHSPL's calculation of tax amount due as ͅ....... + More
- 2021 (4) TMI 655 - KARNATAKA HIGH COURT
Reopening of assessment u/s 147 - assessee not eligible to claim deduction under Section 80IA - jurisdictional requirements for invocation of Section 147/148 - HELD THAT:- In the instant case, on a reading of the contents of the order, we find that the reason set out does not have any nexus to the fact that there had been a failure on the part of the respondent/assessee in fully disclosing all material facts or that there was any basis for interfering on account of the said reason there had been any escapement of income. In fact, the primary jurisdictional requirement for reopening any assessment beyond a period of four years must be fulfilled strictly, otherwise it would be an arbitrary exercise of power. In the instant case, on perusing the reasons recorded dated 15.3.2016 we do not find anything to the effect that the assessee had not ....... + More
- 2021 (4) TMI 654 - MADRAS HIGH COURT
Validity of assessment order - opportunity of being heard prior to framing of an assessment or not - attachment of properties of the partners of the firm - recovery of arrears of tax and penalty due to the Government - HELD THAT:- The proviso to Section 24(3) specifically requires that the dealer be afforded reasonable opportunity of being heard prior to framing of an assessment - Such reasonable opportunity, Courts have been consistently held, must include an opportunity of personal hearing. Admittedly, in the present case, the petitioner has not been heard personally prior to the impugned orders having been passed. The petitioner will appear before the respondent on Thursday, the 15th of April 2021 at 10.30 a.m without expecting or anticipating any further notice in this regard - Petition allowed.
- 2021 (4) TMI 653 - CALCUTTA HIGH COURT
Recovery of money in disguise - inaction of State to recover - whether writ of mandamus will lie in resolving a private dispute, intending to recover money in disguise alleging State inaction, already lent out to the beneficiary/erstwhile lessees/proforma respondent nos. 1 and 2 tea garden companies, when affidavit of report of debt for and on behalf of creditors/writ petitioners had already been filed before the Official Liquidator pursuant to a winding up order? HELD THAT:- The execution of fresh lease was intended to be stalled pending realization of unpaid amount, given as loan amount to the erstwhile lessees in connection with the transaction already entered into between the parties - Without any controversy, writ petitioners are neither assignee, nor representative in interest of the erstwhile lessees being proforma respondent nos. ....... + More
- 2021 (4) TMI 652 - KARNATAKA HIGH COURT
Disallowance u/s 14A r.w.r. 8D - investment in the form of share application money by the company would only result in exempt income - HELD THAT:- As decided in M/S.QUEST GLOBAL ENGINEERING SERVICES PVT. LTD. [2021 (3) TMI 434 - KARNATAKA HIGH COURT] only expenses proportionate to earning of exempt income could be disallowed under Section 14A of the Act and the decision of MAXOPP INVESTMENT LTD [2018 (3) TMI 805 - SUPREME COURT] is an authority for the aforesaid proposition that the provision is relatable to earning of actual income. The object of Section 14A is to curb the practice to claim deduction of expenses incurred in relation to exempt income against taxable income and at the same time avail of the tax incentive by way of exemption of exempt income without making any apportionment of expenses incurred in relation to exempt income........ + More
- 2021 (4) TMI 651 - BOMBAY HIGH COURT
Dishonor of Cheque - acquittal of accused - dishonoured cheque were towards the discharge of a liability or not - legally enforceable debt for attracting presumption, present or not - rebuttal of presumption or not - applicability of Money Lenders Act - HELD THAT:- The evidence on record clearly leads to the conclusion that though the endorsement on the cheque return memo states that the signatory to the account had changed, the real fact borne from the evidence is that concerned cheque was dishonoured as there were “no sufficient funds” in the account nor was any arrangement made to cover the said cheque. Whether the Judgment passed by the learned JMFC contrary to law and resulted in gross miscarriage of justice by acquitting the respondents/accused? - HELD THAT:- It appears that the cheque bears a word “Self” in ....... + More
- 2021 (4) TMI 650 - MADRAS HIGH COURT
Reopening of assessment u/s 147 - purchase of a landed property - Before the first respondent petitioner did not appear and as a result, the first respondent was constrained to dismiss the petitioner's appeal and confirm the assessment order passed by the original authority - HELD THAT:- The petitioner had produced the copy of the sale deed dated 07.03.2013 before this Court. It is seen therefrom that the petitioner had purchased the property on 07.03.2013 for a sum of ₹ 84,80,000/- . But then the impugned order proceeded on the premise that it is worth of ₹ 8,46,00,000/-. If only the petitioner had produced the materials before the authority concerned, he would not be finding himself in the present position. In any event in the interest of justice and to give one more opportunity to the petitioner and since the petitioner....... + More
- 2021 (4) TMI 649 - BOMBAY HIGH COURT
Levy of penalty u/s 76 of FA - Reasonable cause for the failure or not - photography services - cost of material consumed in process of rendering service to be included in assessable value or not - HELD THAT:- The appellant is justified in his belief and he was supported by a reasonable ground to the effect that he was not liable to pay the service tax on cost of such material. The benefit of this belief for him is receiving a favourable consideration at the instance of the Tribunal while granting the relief qua the penalty imposed under Section 78. There are no reason why the said benefit cannot be extended to the penalty imposed under Section 76, since both the Sections are to be read along with Section 80, which gives an overriding effect over Sections 76 to 78. The impugned order passed by the Tribunal which denied the said benefit to....... + More
- 2021 (4) TMI 648 - MADRAS HIGH COURT
Rejection of request for filing of GST TRAN-1 - petitioner would state that though he made several attempts to file form GST TRAN-1, he could not do so due to technical glitches - HELD THAT:- There can be no doubt that the petitioner made effort to upload the details in the web portal. Even according to the respondents, though Rule 117 of CGST Rules, 2017, originally stipulates that Form TRAN-1 is filed within 90 days, there was a periodical extension and the final extended date was 31.03.2020. In the present case, the impugned order itself came to be passed on 28.08.2019. Therefore, applying the decision made in M/S. CHECKPOINT APPAREL LABELING SOLUTIONS INDIA PRIVATE LIMITED VERSUS THE COMMISSIONER OF GST & CENTRAL EXCISE, 1. THE COMMISSIONER OF GST & CENTRAL EXCISE, THE SUPERINTENDENT OF CENTRAL TAX (CGST) , THE NODAL OFFICER -....... + More
- 2021 (4) TMI 647 - KARNATAKA HIGH COURT
Maintainability of petition - mandatory requirement with the compliance with the pre-deposit - Sabka Vishwas Legacy Dispute scheme - CENVAT Credit - Renting of Immoveable Property Service - HELD THAT:- On reading of Clause-2(ii) and (iii) of the Circular bearing No.1074/07/2019-CX dated 12.12.2019 and an entire reading of Section 124(2) read with Board Circulars would make it clear that the pre-deposit made at any point of time subsequent to the issuance of show cause notice ought to be taken note of and credit extended while indicating the amount payable by the assessee in the estimate in SVLDRS-3. As it is specifically clarified that manual processing of declaration would be allowed subject to conditions mentioned in the communication dated 08.01.2021, the objection at para-9 has been addressed - the respondent No.1 is directed to recon....... + More
- 2021 (4) TMI 646 - MADRAS HIGH COURT
Attachment of petitioner's Bank accounts - import of Brass Scrap(Melon) from Maldives - re-export of goods allowed or not - selling of goods allowed or not - HELD THAT:- As rightly pointed out by the learned counsel appearing for the petitioner, even while holding that the goods are liable for confiscation for the very same breath, the assessing authority had held that the goods can be reexported - Therefore, no final order of confiscation has been passed so far. It is not as if the import of the goods is totally prohibited. They would only come under the restricted category. Therefore, the goods can be sold to someone who is authorised to take the goods. Therefore, by selling the goods in question to someone who is authorised to take the same, the Government will definitely be getting some revenue. I do not understand as to why, such....... + More
- 2021 (4) TMI 612 - CALCUTTA HIGH COURT
Reopening of assessment - Assessee has erroneously applied CBDT Circular No.09/2014 dated 23/04/2014 and claimed amortization expenses for the financial year 2014-15 - As submitted that since the assessee was entitled to deduction under Section 80IA of the Income Tax Act, 1961, there was no question of any escapement of tax as increase in income by not claiming amortization would not result in the assessee paying any further tax as the same was 100% deductible under Section 80IA - HELD THAT:- Commissioner of Income Tax should have looked into the fact as to whether there could not be an escapement of tax because of the fact of the deduction available to the petitioner under Section 80IA. It is to be noted that this was the last year of deduction that was available to the petitioner out of the ten consecutive years that is available. As th....... + More
- 2021 (4) TMI 611 - DELHI HIGH COURT
Seeking directions to NCLAT, Delhi, to ‘Hear and Decide’ the petitioner’s representation / appeal on ‘Legal interpretation’ and ‘Legal procedures’ issues, as per relevant laws and rules - case of the Petitioner is that the Insolvency and Bankruptcy Code, 2016, does not permit NCLAT to direct the filing of written submissions and judgments in a matter, however the NCLAT has vide the impugned orders, directed for the same. HELD THAT:- The NCLAT being the duly constituted Appellate Tribunal, under the IBC, is free to regulate its procedure and the manner in which it wishes to hear matters, including issuing of directions for filing of written submissions and judgments. These procedural issues are to be regulated by the NCLAT on its own. This Court does not deem it appropriate to interfere with the sa....... + More
- 2021 (4) TMI 610 - KERALA HIGH COURT
Stay of demand - pre deposits demand - Deduction u/s 80P - HELD THAT:- This Court by relying on the observation of the Honorable Supreme Court THE MAVILAYI SERVICE COOPERATIVE BANK LTD. & ORS. [2021 (1) TMI 488 - SUPREME COURT] has in several such matters have directed the appellate authority to decide the appeal without insisting for either pre- deposit or for payment of tax in pursuant to the Assessment Orders. In this view of the matter as the statutory appeal is pending for consideration before the 2nd respondent, the second respondent is directed to decide the appeal expeditiously and till disposal of the appeal, recovery in pursuant to the Assessment order at Exhibit P1 is deferred till disposal of the appeal by the 2nd respondent
- 2021 (4) TMI 609 - MADRAS HIGH COURT
Stay of demand - whether assessing officer can grant deposit orders of a lesser amount than 20% pending appeal without making reference to the administrative Pr.CIT/CIT? - HELD THAT:- As in M/S. LG ELECTRONICS INDIA PVT. LTD. [2018 (7) TMI 1905 - SC ORDER] clarified that in all cases arising under 220(6) of the Act, it will be open to the authorities on the facts of individual cases, to grant deposit orders of a lesser amount than 20% pending appeal. This was laid down by the Hon'ble Supreme Court since it was submitted that the administrative circular will not operate as a fetter on the Commissioner since he is a quasi-judicial authority. Since the Assessing Officer is exercising quasi-judicial power by virtue of Section 220(6) of the Act, the implication of the clarification of the legal position by the Hon'ble Supreme Court is ....... + More
- 2021 (4) TMI 608 - CALCUTTA HIGH COURT
Validity of SCN issued - SCN issued inspite of certificate of origin issued by the Ministry of Foreign Affairs - the case is that the show cause notices make holes in the authenticity of the certificate of origin that has been issued and other document that has been issued by the suppliers of Bangladesh - HELD THAT:- Subsequent to the judgement of the Supreme Court in M/S CANON INDIA PRIVATE LIMITED VERSUS COMMISSIONER OF CUSTOMS [2021 (3) TMI 384 - SUPREME COURT], the D.R.I. has lost its authority to issue any show cause notice under Section 28 of the Customs Act, 1962 - there appears to be a prima facie case for staying the show cause notice following the judgement in M/s. Canon India Pvt. Ltd. Let affidavit-in-opposition be filed within four weeks, reply thereto, if any, two weeks thereafter. Let the matter appear in the combined monthly list of July, 2021.
- 2021 (4) TMI 607 - MADHYA PRADESH HIGH COURT
Seeking release of public amenities such as road, garden, STP plant, club, electricity grid, etc. from the purview of attachment order - property involved in money- laundering - Proceeds of crime - HELD THAT:- The petitioners are having remedy to appear in the proceedings pending before the adjudicating authority and they can put their claim before the adjudicating authority. The order passed by the adjudicating authority is appellable u/s. 26 of the PMLA Act, therefore, the petitioners are not remedy-less against the impugned order. They are having alternative and efficacious remedy. The PMLA Act is a complete code in itself. This petition is disposed of with liberty to the petitioners to remedy available to them in law.
- 2021 (4) TMI 606 - BOMBAY HIGH COURT
Doctrine of Bias - Levy of Entry Tax and penalty - entry of all goods (other than motor vehicles) into a local area within the state of Goa - tax or penalty in respect of the import of CAB into the State of Goa under the Entry Tax Act - validity of provisions of Section 3 of the Entry Tax Act insofar as it is invoked as a charging provision for the levy of tax on entry of goods into a local area within the State of Goa - HELD THAT:- Shri Ashok Rane, ought not to have taken up and disposed of the petitioner's appeal against the order dated 29.03.2014 for the Assessment Year 2010-11. The Tribunal, with respect, erred or rather failed to exercise jurisdiction vested in it, in not upholding the petitioner's contention based on the Doctrine of Bias, in the peculiar facts and circumstances of the present case. The impugned orders dated ....... + More
- 2021 (4) TMI 605 - BOMBAY HIGH COURT
Assessment u/s 153C - compliance or non-compliance with the jurisdictional parameters necessary to initiate action under Section 153C - Jurisdiction to initiate proceedings under Section 153C - jurisdictional issue was not permitted to be raised before the ITAT, inter alia on the ground that there was a necessity of filing cross-objections expressly raising such a jurisdictional issue and because there was no sufficient cause shown for condoning the delay of 248 days in raising such jurisdictional issue by filing cross-objections - HELD THAT:- In the present case, it is not as if the issue of non-fulfillment of jurisdictional parameters of Section 153C was raised but rejected by the CIT (Appeals). Such an issue was not raised before the CIT (Appeals). Having regard to the provisions of Rule 27 of the Appellate Tribunal Rules, 1963 as also....... + More
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