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Home e-Newsletters Index Year 2022 April Day 13 - Wednesday

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TMI Tax Updates - e-Newsletter
April 13, 2022

Case Laws in this Newsletter:

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



Highlights / Catch Notes

  • GST:

    Profiteering - benefit of additional input tax credit had not been passed on to the home buyers or not - period from July 2017 to September, 2020 - As project was launched after implementation of the GST w.e.f. 01.07.2017, apparently there was no pre-GST tax rate or input tax credit availability that could be compared with the post-GST tax rate and the input tax credit, to determine whether there was any benefit that was required to be passed on by way of reduced prices. Phase III of the project it is yet to be launched and had not been registered with RERA till date. - the Respondent has not contravened the provisions of Section 171 (1) of the CGST Act, 2017 - NAPA

  • Income Tax:

    TDS u/s 194C - Addition u/s 201/201(1A) - TDS not deducted from the payments made to contractors under various schemes - The proviso clearly states that nothing contained in subsection (5A)and (5B) shall be applied to a person whose total income is not chargeable to income tax and who does not obtain PAN under any provision of the Act. - the assessee has segregated the contractual payments more than ₹ 5,00,000/- and less than ₹ 5,00,000/- and submitted a statement - CIT(A), in his findings also has observed that where the receipts are more than ₹ 5,00,000/-, the contractors have submitted their returns disclosing the receipts and paid the taxes on the same and hence, it cannot be taxed in the hands of the assessee. - AT

  • Income Tax:

    Withdrawing the excess tax credit for advance tax and self-assessment tax - Rectification u/s 154 - The assessee has to furnish details of different payments of tax by way of advance tax, TDS and self-assessment tax to the AO. The AO after verifying the same showing the various payments of tax by the assessee has to give due credit to those payments relating to the assessee’s account and pass fresh order in accordance with law, after giving opportunity of being heard to the assessee. - AT

  • Income Tax:

    Validity of Assessment u/s 153C - whether AO of the searched person has not recorded satisfaction note that the books of accounts/material belongs to the assessee ? - In the present case satisfaction note recorded by the AO there was no mention that he was satisfied about the undisclosed income belonging to the assessee on the basis of seized material - Merely on the basis of the order sheet entry, the assessment of present assessee has been reopened so as to frame the assessment u/s. 143(3) r.w.s. 153C - Being so, the requirement of section 153C of the Act has not been fulfilled. - AT

  • Income Tax:

    Levy of interest under section 234C - It is pertinent to note that provisions of section 234C of the Act refers to the term “returned income” in comparison to the provisions of section 234B of the Act which refers to the term “assessed income” for imposing interest. The Assessing Officer is directed to re–compute the interest under section 234C of the Act on the basis of “returned income” in case there is default / short fall in payment of advance tax as compared to tax due on returned income. - AT

  • Income Tax:

    Disallowance of sales tax liability - Prior-period item - the year under appeal is AY 2013-14. The alleged amount pertains to AY 2005-06 and AY 2010-11 and such liability did not exist at that point of time and, therefore, there was no possibility to make the payment during the relevant assessment year or before the due date of filing of return of income for such assessment year. - provisions of Section 43B of the Act are squarely applicable on the alleged sum and the assessee as rightly claimed it as deduction against income for AY 2013-14. - AT

  • Income Tax:

    Unexplained cash deposits - Deposits in regular bank account of the assessee, during demonetization period - the assessee was maintaining complete stock tally, the sales were recorded in the regular books of accounts and the amount was deposited in the bank account out of the sale proceeds - Sales made by the assessee to cover the cash deposited in the bank post demonetization, was sufficient source of the cash deposited i.e; the sales from the existing stock available with the assessee and was well explained, therefore, the addition made by the AO and sustained by the Ld. CIT(A) was not justified. - AT

  • Income Tax:

    Revenue Recognition - gain on sale / Assignment of Intellectual Property Rights (IPR) - The assessee did not receive the sum in question for giving up any source of income as the assessee was free to exploit independently owned IPR as well as Foreground information and therefore the argument that the sum received is capial receipt for losing a source of income and therefore not chargeable to tax, is devoid of any merits. - AT

  • Income Tax:

    Reopening of assessment u/s 147 - Mode and manner of service of notice as contemplated in Sec. 282(1)(b) - affixed the notice at an address where the assessee was not residing - the A.O. had invalidly assumed jurisdiction for reopening the concluded assessment of the assessee company and passed the reassessment order u/s. 148 r.w.s. 143(3), dated 30.03.2016 - AT

  • Income Tax:

    Exemption u/s 11 - registration invoking section 12AA(3) w.e.f. 01.04.2014 cancelled - Allen Group has made DDPS (assesee) - subservient to their coaching programme - Incriminating evidences have been gathered during search action - the ld. CIT has passed a speaking and well reasoned order discussing all the details of the case of the assessee - since the activities of the trust are not genuine and are not being carried out in accordance with its objects, registration was rightly cancelled - AT

  • Customs:

    Duty Drawback - circular trading of footballs and other sports items - It is clear that the case of the department is based on assumption and the investigation is not complete and conclusive. The case of circular trading is setup based on assumption and not proved definitively - It is constrained to observe that the contention of the Appellants that the goods imported and exported are different, deserves acceptance on merits. - AT

  • Indian Laws:

    Dishonor of Cheque - insufficiency of funds - second and successive presentation of a cheque - The Court in the present case finds that OP No.1 did not send any statutory notice after the cheque was dishonoured in the month of May, 2010 but once again presented it within the validity period of the cheque and thereafter, issued the statutory notice as required under law and under such circumstances, it cannot be said that the complaint is invalid - HC

  • IBC:

    Initiation of CIRP - time limitation - assignment of debt - it is clear that the debt has been assigned to the first Respondent and as on the date of the assignment it is stated that an amount of ₹ 79,66,21,750/- is ‘due and payable’ by the ‘Corporate Debtor’. Be that as it may, it is not within the domain of the Adjudicating Authority to decide the ‘amount of debt’ at the stage of admission of Section 7 Application. - AT

  • IBC:

    Initiation of CIRP - existence of debt and pre-existing dispute or not - When no action is initiated in respect of the said mismanagement, projecting the mismanagement as the preexisting dispute, only when a demand is raised by the Operational Creditor, cannot be considered as a pre-existing dispute. When the amount due is not disputed and when it is not disputed that the goods under the invoices were delivered to the Corporate Debtor, the contention that they are lying idle on their site cannot be given weight. - Tri

  • Service Tax:

    Levy of Service tax - various fees paid by the appellant to the State Excise Department or to the Government or Government agencies during their business of manufacture, import and sale of alcoholic beverages for human consumption - applicability of reverse charge mechanism - the fees paid by the appellant to the State Government during the course of manufacture and trading of alcoholic beverages does not amount to provision of any service - no service tax can be demanded - AT

  • Central Excise:

    Condonation of delay in filing appeal - appeal have been filed after 505 days from the date of despatch - address has been mentioned wrongly for despatch - presumption of service - the presumption drawn by the learned Commissioner (Appeals) is wholly erroneous and against all canons of justice. In this view of the matter, the appellant have received the order-in- original only on 28.07.2020, and thus they have filed the appeal within the prescribed time as allowable under Section 35 of the Central Excise Act. - AT

  • VAT:

    Initiation of re-assessment proceeding on the basis of subsequent judgement - Classification of goods - The proceeding of re-assessment has been initiated against the applicant on the basis of subsequent judgement. The Apex Court as well as this Court, time and again, have held that completed assessment should and must not be re-opened on the basis of subsequent judgment - HC


Articles


Notifications


Circulars / Instructions / Orders


News


Case Laws:

  • GST

  • 2022 (4) TMI 552
  • Income Tax

  • 2022 (4) TMI 551
  • 2022 (4) TMI 550
  • 2022 (4) TMI 549
  • 2022 (4) TMI 548
  • 2022 (4) TMI 547
  • 2022 (4) TMI 546
  • 2022 (4) TMI 545
  • 2022 (4) TMI 544
  • 2022 (4) TMI 543
  • 2022 (4) TMI 542
  • 2022 (4) TMI 541
  • 2022 (4) TMI 540
  • 2022 (4) TMI 539
  • 2022 (4) TMI 538
  • 2022 (4) TMI 537
  • 2022 (4) TMI 536
  • 2022 (4) TMI 535
  • 2022 (4) TMI 534
  • 2022 (4) TMI 533
  • 2022 (4) TMI 532
  • 2022 (4) TMI 531
  • 2022 (4) TMI 530
  • Customs

  • 2022 (4) TMI 529
  • Insolvency & Bankruptcy

  • 2022 (4) TMI 528
  • 2022 (4) TMI 527
  • 2022 (4) TMI 526
  • 2022 (4) TMI 525
  • 2022 (4) TMI 524
  • 2022 (4) TMI 523
  • 2022 (4) TMI 522
  • 2022 (4) TMI 521
  • Service Tax

  • 2022 (4) TMI 520
  • 2022 (4) TMI 519
  • 2022 (4) TMI 518
  • 2022 (4) TMI 517
  • 2022 (4) TMI 516
  • Central Excise

  • 2022 (4) TMI 515
  • 2022 (4) TMI 514
  • CST, VAT & Sales Tax

  • 2022 (4) TMI 513
  • 2022 (4) TMI 512
  • Indian Laws

  • 2022 (4) TMI 511
 

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