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Home e-Newsletters Index Year 2021 March Day 6 - Saturday

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TMI Tax Updates - e-Newsletter
March 6, 2021

Case Laws in this Newsletter:

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



TMI SMS


Highlights / Catch Notes

    GST

  • Works Contract - supply of services - supply to Government, Government Agency or Government Entity - The impugned works are used commercial/business activities in view of the facts and circumstances as discussed above and accordingly the same are taxable under GST. - AAR

  • Jurisdiction of CMM (MEERUT)(UP) - Investigation were conducted at Gaziabad (UP) by the DGGI - all Firms/Companies which are said to be of accused, are registered in New Delhi - This court comes to the conclusion that this court is not found to have jurisdiction in the present case. Remand and other records of accused should be submitted before the competent jurisdiction court of Ld. C.M.M. Patiala House Court, New Delhi as per procedure - DSC

  • Income Tax

  • Exemption u/s 10(21) - AO treated the assessee as an institution while granting approval under Section 35(1)(ii) by the competent authority as well as by the Directorate of Income Tax (Exemption) (DITE) and not as an association and therefore, the assessee cannot claim the benefit under Section 10(21) of the Act. - The above submission cannot be countenanced for more than one reason. - HC

  • Penalty u/s 271FA - failure to file AIR - mandatory requirements of Section 285 BA calling upon the petitioners to file the returns within a period of 60 days from the date of notice has not been complied with. Instead, the petitioners have been directly asked to show cause only why penalty should not be imposed. In this case the petitioner has in any event filed the returns on 20.10.2011 though belatedly. The purpose of the requirements of section 285 BA of the Income Tax Act, 1961 stands satisfied. - Penalty order quashed - HC

  • Penalty U/s 271(1)(b) - As only source of income of the assessee is from salary from Government of Rajasthan on which TDS has all ready been deducted and apart from this there is no other source of income of the assessee. Hence, there could not be any intention upon the assessee for skipping the service of notices. It was proved that there was ‘reasonable cause’ for the assessee in failure to comply with the provisions of Section 271(1)(b) of the Act as the ‘non-appearance’ of the assessee before the A.O. was only because of the ‘non-receipts’ of the notices - AT

  • Merely because certain income had been offered voluntarily by the assessee in the returns filed for subsequent years, that would not bind assessee for the year under consideration as there is no estoppel against the statute and the said change in stand in the peculiar facts and circumstance of the instant case cannot be termed as 'colourable device' - AT

  • Customs

  • Rectification of Mistake - mistake apparent from the records - Application was rejected with the view of Third Member of the tribunal - the Judicial Member, who agreed with the petitioner, rightly held that if the observations made in the other portion of the impugned order were not eschewed, it would be fatal to the case of the petitioner. Furthermore, the mistake is clearly visible from the records and it does not require any long drawn reasoning for a prudent man to come to a conclusion that there is a mistake. - order rectified - HC

  • Imposition of penalty equivalent to duty and interest u/s 114A of Customs Act - The expression used is 'or' which is disjunctive between duty or interest and further use of expression as the case may be clearly suggest that aforesaid provision refers to two different persons and two different situations viz., one in which a person will be liable to duty and in other he may be liable to pay interest only and provides that in both the situations the person liable to duty would be liable to penalty equal to duty and person liable to interest would be liable to penalty equal to interest. Therefore, in view of law laid down by constitution bench of Supreme Court, the word 'or' cannot be interpreted as 'and'. - HC

  • Levy of Penalty on CHA u/s 112 of Customs Act - mis-declaration during the physical examination of the goods - The penalty imposed is not sustainable in the absence of any specific role performed by the appellant in the wrong doing done by the importer - AT

  • IBC

  • Preferential transactions or not - Corporate Guarantees - the transaction covered under the Corporate Guarantees would not come within the parameters of the preferential transaction provided under Section 43 of the Code - Tri

  • Service Tax

  • SVLDRS - Our courts are flooded with avoidable litigation and government by way present scheme has initiated step to minimise litigation and generate revenue, thus keeping in mind intent and purport of the scheme as well Board Circulars, it would be appropriate to liberally interpret Section 125 of FA, 2019. It is apt to notice that in case of voluntary disclosure, as per section 124(1)(e) of the FA, 2019 no immunity from tax liability is available though immunity from 40% of tax liability is available in other categories including arrears - The scheme came into force w.e.f. 01.09.2019, thus any enquiry/audit/investigation initiated after aforesaid date cannot make any person ineligible - HC

  • Central Excise

  • Removal of Capital Goods without reversal of Credit / Payment of duty - Since the removals were contrary to spirit of the provisions of the CENVAT Credit Rules, 2004, there are no merits in the submission of the learned counsel for the petitioners as far as the challenge to imposition of penalty or redemption fine under the impugned common order as a condition for granting immunity from prosecution under the provisions of the Central Excise Act, 1944 to the petitioners. - HC

  • Recovery of Central Excise dues - whether the flats belonging to the appellant which she purchased under Registered Sale deeds out of monies received as gifts from her mother-in-law and father-in-law, can be proceeded against by the Excise department for recovery of Central Excise dues against two proprietory firms of her late husband? - Held NO - AT

  • Process amounting to manufacture - When the process of cutting and slitting itself does not amount to manufacture within the meaning of Section 2 (f) of the Central Excise Act, 1944, scrap arising out of such activity cannot be subjected to Excise Duty for the simple reason that the appellant has not consciously manufactured any waste or scrap. - AT

  • VAT

  • Sale or service - Information Technology Service - Canned software - the petitioner should have obtained a clarification from the Commercial Tax Department before taking a drastic step to stop paying tax under the provisions of the Tamil Nadu VAT Act, 2006 instead of obtaining a opinion only from the Assistant Commissioner of Excise. - The petitioner appears to have risked to avoid VAT. Therefore, if tax was due, it has to pay such tax to the Commercial Tax Department. - The petitioner has to independently satisfy the respondent, that the transaction in questions were outside the purview of TN VAT Act 2006 by producing agreements and invoices. - HC

  • Validity of assessment order - transfer of right to use of goods - As a matter of fact, the subject transaction may have been liable to tax under Section 65(105)(zzzzj) of the Finance Act, 1994 with effect from 2008 after service tax was levied on “Supply of Tangible Goods” as about test for “transfer of right to use” is conspicuously absent - HC

  • Input tax credit - Rejection of returns - There cannot be any dispute, that burden is cast on the assessee to establish the transaction to lay a claim for deduction of input tax by production of necessary documents. This Court is of the considered opinion that the assessee has discharged this burden by placing necessary documents. - If the supplier has not remitted the tax to the Department, for which assessee cannot be penalized. - HC

  • Transfer of the assets of a firm on dissolution or a sale or not - the Appellate Tribunal committed an error in dismissing the Revenue's appeal without examining the factual position. - HC

  • Nature of Transaction - No conclusion on facts can be arrived under Article 226 of the Constitution of India based on sample copies of invoices filed by the petitioner before this Court to convince the court to conclude that there was indeed “works contract“ during the supply of ready mix concrete to its customers. - HC


Articles


Notifications


Circulars / Instructions / Orders


News


Case Laws:

  • GST

  • 2021 (3) TMI 203
  • 2021 (3) TMI 202
  • 2021 (3) TMI 201
  • 2021 (3) TMI 200
  • 2021 (3) TMI 199
  • 2021 (3) TMI 198
  • 2021 (3) TMI 190
  • 2021 (3) TMI 185
  • 2021 (3) TMI 145
  • 2021 (3) TMI 144
  • Income Tax

  • 2021 (3) TMI 204
  • 2021 (3) TMI 197
  • 2021 (3) TMI 196
  • 2021 (3) TMI 195
  • 2021 (3) TMI 194
  • 2021 (3) TMI 193
  • 2021 (3) TMI 191
  • 2021 (3) TMI 188
  • 2021 (3) TMI 183
  • 2021 (3) TMI 181
  • 2021 (3) TMI 177
  • 2021 (3) TMI 176
  • 2021 (3) TMI 172
  • 2021 (3) TMI 167
  • 2021 (3) TMI 164
  • 2021 (3) TMI 163
  • 2021 (3) TMI 162
  • 2021 (3) TMI 161
  • 2021 (3) TMI 160
  • 2021 (3) TMI 159
  • 2021 (3) TMI 158
  • 2021 (3) TMI 157
  • 2021 (3) TMI 156
  • 2021 (3) TMI 155
  • 2021 (3) TMI 154
  • 2021 (3) TMI 152
  • 2021 (3) TMI 150
  • 2021 (3) TMI 149
  • 2021 (3) TMI 148
  • 2021 (3) TMI 146
  • Customs

  • 2021 (3) TMI 187
  • 2021 (3) TMI 184
  • 2021 (3) TMI 174
  • 2021 (3) TMI 170
  • Insolvency & Bankruptcy

  • 2021 (3) TMI 169
  • 2021 (3) TMI 166
  • 2021 (3) TMI 165
  • 2021 (3) TMI 151
  • 2021 (3) TMI 147
  • Service Tax

  • 2021 (3) TMI 171
  • Central Excise

  • 2021 (3) TMI 180
  • 2021 (3) TMI 179
  • 2021 (3) TMI 178
  • 2021 (3) TMI 168
  • 2021 (3) TMI 153
  • CST, VAT & Sales Tax

  • 2021 (3) TMI 192
  • 2021 (3) TMI 189
  • 2021 (3) TMI 186
  • 2021 (3) TMI 182
  • 2021 (3) TMI 175
  • 2021 (3) TMI 173
 

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