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Home e-Newsletters Index Year 2021 April Day 26 - Monday

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TMI Tax Updates - e-Newsletter
April 26, 2021

Case Laws in this Newsletter:

GST Income Tax Customs Corporate Laws Insolvency & Bankruptcy CST, VAT & Sales Tax



Highlights / Catch Notes

    GST

  • Concessional rate of duty - Works contract - tender agreement for wet leasing of Robotic spot-welding machine and laser cutting and welding machine - comprehensive Annual Maintenance Contract (AMC) - it is evident that when the activity is not in the capacity of ‘Public authority’, then the activity is for ‘business’ only. ICF is putting up the said Plant to manufacture Stainless Steel coaches, which is not an activity undertaken as a ‘Public Authority’ and therefore, the benefit of the above entry is not applicable to the appellant in respect of CAMC as claimed by them and we hold so. - AAAR

  • Grant of anticipatory bail - alleged non payment of GST - It is settled position that the applicant apprehending arrest need not be made an accused in a crime to seek the relief of anticipatory bail. Its is sufficient in case he succeeds in establishing that his apprehension of arrest is reasonable - the applicant is entitled to the relief of anticipatory bail. - HC

  • Refund of ITC or claim of duty draw back - the petitioner, for the month of July, 2017 has opted to stick with the claim of duty draw back seeing as the amount of drawback is higher than the ITC for the months of August and September, 2017 - On a plain reading of Section 54 (3) it is found that the claim of refund to be in order. - Paragraph 2.5 of the circular, insofar as it is contrary to the statutory provisions of Section 54(3) is bad in law. - HC

  • Income Tax

  • Validity of Settlement Commission order - In the present case, the petitioner could not able to establish that he approached the Settlement Commission with clean hands and the element of true and full disclosure as contemplated under Section 245(C) had not been established before the Settlement Commission and therefore, there is no perversity or infirmity as such in respect of the findings arrived. - HC

  • Stay application - Since the stay application has been filed pending appeal and in light of Circulars issued by the Central Board of Direct Taxes (CBDT) directing the Assessing/Appellate Authorities to hear and dispose stay applications in a time bound fashion - HC

  • Offence u/sn 276C(2) - failure to pay the income tax based on the self assessment - A mere failure to pay the amount due (tax, interest or penalty) will not satisfy the requirement which would constitute the offence under Section 276C(2) of the Income Tax Act. Hence the crime registered and the further proceedings thereof will not serve any purpose, if it is proceeded further. The same is quashed. - HC

  • Late fee u/s 234E - Late filing of TDS return - the provision of Section 234E of the Act is charging provision i.e. substantive provision which could not be applied retrospectively, unless it is expressly provided in the Act, to levy the late fee for any delay in filing the TDS statement for the period prior to 01.06.2015. The counsel for the assessee has rightly contended that in the absence of enabling provisions u/s 200A of the Act, such levy of late fee is not valid - AT

  • Customs

  • Issuance of summons - matter already pending before AAR - since the matter is pending at the stage of summons, it is for the parties to take things forward in a proper manner and in accordance with law, bearing in mind that proper procedure and protocol should be followed in matters of conduct of enquiry, investigation and adjudication - HC

  • VAT

  • Suo moto revision - Eligibility for deduction of the entire sub-contractors' payments made - Both the circumstances must co-exist before the revisional authority can initiate suo moto revisional proceedings. That, it is not sufficient to vest power in the respondent/authority to exercise suo moto revision merely because an order is erroneous - there must be some prima facie material on record to show that tax which was lawfully exigible has not been imposed or that by the application of the relevant statute on an incorrect or incomplete interpretation a lesser tax than what was just has been imposed. - HC

  • Constitutional validity - Amendment to VAT after introduction of GST - It is pertinent to note that the power to enact Section 174 of the KGST Act can be traced to Article 246A, which, when read with Article 366(12-A), confers power on the States to make laws with respect to any tax on supply of goods. Accordingly, Section 174 is a validly enacted piece of legislation and cannot be said to be without legislative competence - HC


Articles


News


Case Laws:

  • GST

  • 2021 (4) TMI 981
  • 2021 (4) TMI 980
  • 2021 (4) TMI 979
  • 2021 (4) TMI 974
  • 2021 (4) TMI 973
  • 2021 (4) TMI 970
  • 2021 (4) TMI 968
  • 2021 (4) TMI 963
  • 2021 (4) TMI 939
  • Income Tax

  • 2021 (4) TMI 978
  • 2021 (4) TMI 975
  • 2021 (4) TMI 972
  • 2021 (4) TMI 967
  • 2021 (4) TMI 966
  • 2021 (4) TMI 964
  • 2021 (4) TMI 962
  • 2021 (4) TMI 960
  • 2021 (4) TMI 959
  • 2021 (4) TMI 958
  • 2021 (4) TMI 957
  • 2021 (4) TMI 956
  • 2021 (4) TMI 955
  • 2021 (4) TMI 954
  • 2021 (4) TMI 953
  • 2021 (4) TMI 952
  • 2021 (4) TMI 951
  • 2021 (4) TMI 950
  • 2021 (4) TMI 949
  • 2021 (4) TMI 948
  • 2021 (4) TMI 940
  • Customs

  • 2021 (4) TMI 977
  • 2021 (4) TMI 971
  • 2021 (4) TMI 969
  • Corporate Laws

  • 2021 (4) TMI 946
  • 2021 (4) TMI 944
  • 2021 (4) TMI 942
  • Insolvency & Bankruptcy

  • 2021 (4) TMI 947
  • 2021 (4) TMI 945
  • 2021 (4) TMI 943
  • 2021 (4) TMI 941
  • CST, VAT & Sales Tax

  • 2021 (4) TMI 976
  • 2021 (4) TMI 965
  • 2021 (4) TMI 961
 

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