Service Tax | Tax Paid Under Wrong Service Category Cannot Be Demanded Again: CESTAT Mumbai

The Mumbai Bench of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) has set aside a service tax demand raised against the assesse, holding that once service tax has already been paid under the Reverse Charge Mechanism, merely under a wrong service category, the department cannot demand the same tax again.A Bench comprising Dr. Suvendu Kumar Pati (Judicial Member)...

Income Tax Act | Mechanical Approval U/S 153D Vitiates Proceedings; Bombay High Court Dismisses Revenue's Appeal

The Bombay High Court has dismissed an income tax appeal filed by the Revenue, holding that an approval granted under Section 153D of the Act, which does not reflect even minimal application of mind, is vitiated in law and renders the consequential proceedings invalid. A Division Bench of Justice M.S. Sonak and Justice Advait M. Sethna, while deciding an appeal, answered...

Income Tax Act | GST Would Not Form Part Of Gross Receipts Under Section 44BB: ITAT Mumbai

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that Goods and Services Tax (GST) collected by a non-resident assessee cannot be included in gross receipts for computing presumptive income under Section 44BB of the Income Tax Act, 1961. A Bench comprising Vikram Singh Yadav (Accountant Member) and Sandeep Singh Karhail (Judicial Member) allowed the appeal filed...

Delhi High Court Temporarily Bars Rival Aviation Institute From Infringing Frankfinn's “FLY HIGH” Trademark

The Delhi High Court has passed an ex-parte ad-interim injunction restraining Fly High Institute, a Nagpur based aviation institute, from using the marks “FLY HIGH,” “FLY HIGH INSTITUTE,” “FH FLY HIGH INSTITUTE,” or any other mark deceptively similar to “FLY HIGH,” a registered trademark of Frankfinn Aviation Services (Pvt.) Ltd. The injunction will remain in force until...

Service Tax Cannot Be Levied On Membership & Participation Fees Paid To Foreign Associations Before 01.07.2012: CESTAT Chennai

The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) held that service tax cannot be levied on membership and participation fees paid to foreign associations such as International Packaging Group (IPG) or International Packaging Forum Network (IPFN) for the period prior to 01.07.2012. P. Dinesha (Judicial Member) and Vasa Seshagiri (Technical Member)...

WhatsApp Privacy Policy Case: NCLAT Clarifies CCI's Safeguards For Non-Advertising Data Apply To Advertising Data Too

The National Company Law Appellate Tribunal (NCLAT) at Delhi on Monday allowed the Competition Commission of India's plea seeking clarification on whether the privacy and consent safeguards upheld in its November 4 judgment would also govern WhatsApp's sharing of user data with Meta for advertising purposes. A bench led by Chairperson Justice Ashok Bhushan and Technical Member Arun...

Customs | Import Duty Must Be Determined At Time Of Import, Not On Later Sale Price: CESTAT Chennai

The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) held that customs duty is required to be assessed on the transaction value declared at the time of import, as reflected in the supplier's invoice. Any subsequent sale or higher remittance made after the import cannot be relied upon to reject the declared value. P. Dinesha (Judicial Member) and...

Customs | Face Recognition Access Control Systems Qualify As Automatic Data Processing Machines; NIL Duty Benefit Allowed: CESTAT Kolkata

The Kolkata Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that Face Recognition Access Control Systems perform data processing functions, such as data storage, read-write memory operations and automated processing, and therefore qualify as an Automatic Data Processing Machine under CTH 8471. The bench clarified that these systems are eligible for...

Bank Not 'Assessee In Default' For Not Deducting TDS On Interest After Accepting Form 15H From Senior Citizens: Kerala High Court

The Kerala High Court held that once a bank accepts valid Form 15H declarations from senior citizen depositors under Section 197A(1C) of the Income Tax Act, it cannot be treated as an “assessee in default” for non-deductions of TDS (deduct tax at source) on interest income. Justices A. Muhamed Mustaque and Harisankar V. Menon examined whether the bank (appellant) has to be treated...

NCLT Mumbai Admits Canara Bank's Plea Against SAB TV Group Company Krishna Showbiz Over ₹261 Crore Dues

The National Company Law Tribunal (NCLT) at Mumbai has admitted Canara Bank's plea against SAB TV promoter group company Krishna Showbiz Services Pvt Ltd, after finding that the firm had defaulted on dues of over Rs 261 crore. A bench of Judicial Member Nilesh Sharma and Technical Member Sameer Kakar held that Canara Bank had placed sufficient material on record to establish the existence...

Bombay High Court Upholds Arbitral Award Granting Specific Performance Of Development Agreement Between BTRA & Nilkanth Enterprise

The Bombay High Court recently dismissed a petition under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) upholding a 2017 arbitral award directing specific performance of a long negotiated development transaction concerning 57,000 sq. m. of land in Ghatkopar (West), Mumbai. Justice Somasekhar Sundaresan held that “there is nothing on record to show...

NCLT Delhi Recalls Insolvency Admission Of V4 Infra After Finding Engineered Default

The National Company Law Tribunal (NCLT) at New Delhi has recalled its earlier order that had pushed V4 Infrastructure Pvt Ltd into insolvency, after finding that the process was misused to avoid paying an arbitral award that had already been upheld by the Delhi High Court. The tribunal also imposed a cost of Rs 5 lakh on the lender involved for abusing the insolvency law.A Bench of...