Indirect Tax Cases Monthly Round Up: June 2024

Bombay High CourtNon-Communication Of SCN To Call Book Is Fatal; Bombay High Court Quashes SCNs Against ICICI Home FinanceCitation: 2024 LiveLaw (Bom) 305Case Title: ICICI Home Finance Company Ltd. Versus UOIThe Bombay High Court, while quashing the show cause notices against ICICI Home Finance Company Ltd., held that non-communication of show cause notices transferred to the call book is fatal.Slump Sale Doesn't Amount To Sale Of Goods Within MVAT Act: Bombay High CourtCitation: 2024 LiveLaw (Bom) 306Case Title: Piramal Enterprises Limited Versus The State of MaharashtraThe Bombay High Court has held that slump sale under the Business Transfer Agreement (BTA) would not amount to sale of goods within the purview of the Maharashtra Value Added Tax (MVAT) Act.Discrepancies Between Dates Of Creation And Signing Assessment Order; Bombay High Court Quashes MVAT Order Passed Beyond 4 YearsCase Title: Karvy Innotech Limited Versus State of MaharashtraThe Bombay High Court, while noting the discrepancies between the dates of creation and signing of the assessment order, quashed the Maharashtra Value Added Tax Act (MVAT) Order, which was passed beyond the limitation period of 4 years.Madras High Court ITC Wrongfully Availed But No Fraud/Misstatement Proven; Madras High Court Imposes Token PenaltyCitation: 2024 LiveLaw (Mad) 255Case Title: M/s.Greenstar Fertilisers Limited Versus The Joint Commissioner (Appeals)The Madras High Court has imposed a token penalty of Rs. 10,000 on the assessee instead of a higher penalty as the assessee wrongfully availed of the input tax credit (ITC), but the department could not prove fraud or misstatement on the part of the assessee.Tax Demand on Post Sale Discounts Received By Way Of Financial Credit Notes Not Tenable: Madras High CourtCase Title: Tvl. Shivam Steels Versus Assistant Commissioner (ST)(FAC)The Madras High Court has quashed the order imposing tax demands on post-sale discounts received by way of financial credit notes on the ground that receiving a discount is not tenable in law.Karnataka High CourtSCN Can't Be Issued Prior To Finalisation Of Audit Proceedings; Karnataka High Court Stays OrderCitation: 2024 LiveLaw (Kar) 277Case Title: M.S. Service Station Versus UOIThe Karnataka High Court has stayed the order passed under Section 74 of the CGST Act, 2017 on the grounds that the show cause notice cannot be issued prior to the finalization of audit proceedings.Gauhati High CourtNo Provision Mandating Assessee To Install All Capital Goods In Year Of Procurement Itself To Avail Cenvat Credit: Gauhati High CourtCitation: 2024 LiveLaw (Gau) 40Case Title: Premier Cryogenics Limited Versus The Commissioner Central Excise And Service TaxThe Gauhati High Court has held that it is not mandatory for the assessee to install all capital goods in the year of procurement itself so as to avail CENVAT credit.Kerala High CourtClaim For Sales Tax Exemption In Respect Of Transit Sales To Be Justified By Showing Sale As Having Occurred In Transit: Kerala High CourtCitation: 2024 LiveLaw (Ker) 336Case Title: M/S.I.T.I.LTD Versus State Of KeralaThe Kerala High Court has held that a claim for exemption in respect of transit sales must be justified by showing the sale as having occurred in transit.Time Limit To Avail ITC Is Till 30th November In Each Financial Year From Beginning Of GST Regime: Kerala High CourtCitation: 2024 LiveLaw (Ker) 341Case Title: M/S M.Trade Links Versus Union Of IndiaThe Kerala High Court has held that the time limit to avail ITC is November 30th in each financial year from the beginning of the GST regime.Kerala High Court Allows Dealer To Correct Copy Of Stock Inventory Uploaded Along With ReturnsCitation: 2024 LiveLaw (Ker) 368Case Title: Usha Bagri Versus The Assistant CommissionerThe Kerala High Court has allowed the dealer to correct a copy of stock inventory uploaded along with returns.Statutory Scheme Determining Taxable Turnover Of Works Contract Under KVAT Act Doesn't Suffer From Any Defect: Kerala High CourtCitation: 2024 LiveLaw (Ker) 374Case Title: M/S. DLF Home Developers Limited Versus State Of KeralaThe Kerala High Court has held that the statutory scheme for determining the taxable turnover of a works contract under the Kerala Value Added Tax Act (KVAT Act) does not suffer from any defect so as to render it unworkable to effectuate the charge to tax on a works contract.Calcutta High CourtIgnoring GSTR-9 Causes Prejudice To Taxpayer's Rights When Errors Committed Are Revenue Neutral: Calcutta High CourtCase Title: Ankit Kumar Agarwal Versus The Assistant Commissioner of State Tax, Taltala Charge & Ors.The Calcutta High Court has held that ignoring GSTR-9 causes prejudice to taxpayers's rights when errors committed are revenue neutral.Raising Issue Of Non-Service Of Bills At Appellate Stage Not Permissible; Calcutta High Court Upholds 50% Interest Waiver On Property TaxCitation: 2024 LiveLaw (Cal) 149Case Title: Saila Ghosh Versus State of West BengalThe ...

Indirect Tax Cases Monthly Round Up: June 2024

Mariya Paliwala

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