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Home e-Newsletters Index Year 2021 April Day 13 - Tuesday

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TMI Tax Updates - e-Newsletter
April 13, 2021

Case Laws in this Newsletter:

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



Highlights / Catch Notes

    Income Tax

  • Revision u/s 263 - The Tribunal while testing the correctness of the order passed by the PCIT has also not dealt with the issues, which were specifically pleaded by the assessee. Therefore, we are to necessarily hold that the order passed by the Tribunal is also erroneous. - Tribunal committed an error in not interfering with the order passed by the PCIT. - HC

  • TDS u/s 194C - surrogacy payments without deducting TDS - these parties have done nothing else but exploited the poor and destitute surrogate mothers without even paying the adequate compensation. Rather the payee ‘NGO’ and its office bearer(s) have prima facie swindled the entire money. This conclusion flows from the entire surrogacy procedure adopted by the assessee with the so called NGO and its authorised person - We thus uphold the learned lower authorities’ action invoking Section 194C r.w.s. 40(a)(ia) disallowance - AT

  • Reopening of assessment u/s 147 - we are of a strong conviction that as the A.O had failed to independently apply his mind to the ‘material’ available on his record and mechanically acting on the information supplied by the Directorate of Income-tax (Inv.) had on the basis of incomplete and incorrect facts reopened the case of the assessee u/s 147 of the Act. - AT

  • Ad-hoc disallowances of the expenses - the expenses claimed for the purpose of the business cannot be disallowed merely on the reasoning that these expenses were incurred in cash and were supported on the self-made vouchers. There are many occasions/situations where the supporting details are not available for the expenses incurred by the assessee. Thus, in such a situation only self-made vouchers can be prepared in support of the expenses incurred by the assessee. - AT

  • Correct head of income - rental income - assessee had got lease right from the Rajasthan govt. on the land for a period of 20 years - for the purpose of section 22 of the Act, the assessee is the deemed owner of the land and the assessee 's contention that sub-letting this land to L&T is to be considered as 'income from house property' - CIT(A) rightly granted relief to the assessee - AT

  • TDS u/s 194C - Payment on account of freight expense - the statutory obligation to furnish the information regarding receipt of PAN and non-deduction of TDS is a fall out of and consequent of the first statutory obligation to not deduct TDS on receipt of PAN - merely because there is non-compliance on part of the assessee to furnish the prescribed information to the Revenue authorities, the same cannot lead to a conclusion that the assessee has not complied with the first statutory obligation. - AT

  • Ex-parte order u/s 144 - notices issued during the year 2014 onwards have remained uncomplied with and the assessment was thereafter completed u/s 144 - CIT(A) admitted the additional grounds and restored the matter before the AO - these additional evidences have been sent to the Assessing Officer for necessary examination and therefore, as far as Revenue’s interest is concerned, the same has been duly safe-guarded by way of providing the reasonable opportunity to the AO. - AT

  • Revision u/s 263 by CIT - if the learned PCIT was of the view that the AO failed to make the necessary enquiries which should have been made during the assessment proceedings then it was a duty upon the learned PCIT to specify the relevant enquiries which should have been made but the order of the learned PCIT is silent about such enquiries which should have been made by the AO during the assessment proceedings. - Revision proceedings quashed - AT

  • Stay petition for extension of the stay - the delay in non disposal of the appeal is not attributable to the assessee. Hence, the balance of convenience lies in the favour of the assessee for extension of stay as the assessee complied with the directions of the Hon’ble Tribunal - Stay extended - AT

  • Customs

  • Seeking assessment of Bills of Entry - seeking clearance of such goods for home consumption on payment of custom duties to be assessed together with redemption fine - import of Natural Gold Ore Concentrates - The earlier the order of the Tribunal has achieved finality as no appeal is filed by the department against such order before the Supreme Court - The respondents are hereby directed to make assessment of Bill of Entry within a period of two weeks - HC

  • Refund the excess duty paid - The refund has been rejected on the ground that it is barred by limitation - When the appellant has approached the higher forum aggrieved by the rejection of the notification benefit, it is sufficiently implied that the duty has been paid under protest. - when appeal is filed against the assessment of the bill of entry, the same has to be considered as a protest in paying the duty. - Period of limitation is not applicable - HC

  • Misuse of the Special scheme to promote export - some benefits which had already accrued to exporters under the EXIM Policy were taken away. - Notification No. 48/2005 dated February 20, 2006 and Notification No. 8/2006 dated June 12, 2006 cannot be applied retrospectively and they would be effective only from the dates they were issued. - HC

  • Service Tax

  • Evasion of Service Tax - Punishable offence - initiation of criminal proceedings - the power of arrest in Service Tax is available only if a person collects any amount as service tax but fails to pay the amount so collected to the credit of the Central Government beyond the period of six months from the date on which such payment becomes due and the amount exceeds ₹ 2 crores. - The amount involved in this case is less than Rupees two crores - Criminal proceedings quashed - HC

  • Condonation of delay in filing appeal - appellant even today has not cited any reason which may be considered as sufficient cause for the impugned delay of one month and 20 days for filing an appeal before Commissioner (Appeals) in terms of Section 35 of Central Excise Act, 1944 - Appeal dismissed - AT


Articles


Notifications


Circulars / Instructions / Orders


News


Case Laws:

  • GST

  • 2021 (4) TMI 468
  • Income Tax

  • 2021 (4) TMI 467
  • 2021 (4) TMI 466
  • 2021 (4) TMI 465
  • 2021 (4) TMI 464
  • 2021 (4) TMI 463
  • 2021 (4) TMI 462
  • 2021 (4) TMI 461
  • 2021 (4) TMI 460
  • 2021 (4) TMI 459
  • 2021 (4) TMI 458
  • 2021 (4) TMI 457
  • 2021 (4) TMI 456
  • 2021 (4) TMI 455
  • 2021 (4) TMI 454
  • 2021 (4) TMI 453
  • 2021 (4) TMI 452
  • 2021 (4) TMI 451
  • 2021 (4) TMI 450
  • 2021 (4) TMI 449
  • 2021 (4) TMI 448
  • 2021 (4) TMI 447
  • 2021 (4) TMI 446
  • 2021 (4) TMI 445
  • 2021 (4) TMI 444
  • 2021 (4) TMI 443
  • 2021 (4) TMI 442
  • 2021 (4) TMI 441
  • 2021 (4) TMI 440
  • 2021 (4) TMI 439
  • 2021 (4) TMI 438
  • 2021 (4) TMI 437
  • 2021 (4) TMI 436
  • 2021 (4) TMI 435
  • 2021 (4) TMI 434
  • 2021 (4) TMI 433
  • Customs

  • 2021 (4) TMI 432
  • 2021 (4) TMI 431
  • 2021 (4) TMI 429
  • 2021 (4) TMI 428
  • Service Tax

  • 2021 (4) TMI 430
  • 2021 (4) TMI 426
  • Central Excise

  • 2021 (4) TMI 425
  • CST, VAT & Sales Tax

  • 2021 (4) TMI 427
 

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