Tax Cases Weekly Round-Up: 17 To 23 December, 2023

Delhi High Court High-End KPO Services Provider Can't Be Compared With ITeS, Which Is BPO Services Provider: Delhi High Court Case Title: PCIT Versus Future First Info. Services Pvt. Ltd. Citation: 2023 LiveLaw (Del) 1301 The Delhi High Court has held that the high-end knowledge process outsourcing (KPO) services provider cannot be compared with the information technology-enabled services (ITeS), which fall under the category of BPO services provider. No Upward Adjustment Required To Be Carried Out For Amount Received By Sony India From Its AE: Delhi High Court Case Title: PCIT Versus M/s Sony India Pvt. Ltd Citation: 2023 LiveLaw (Del) 1304 The Delhi High Court has held that no upward adjustment concerning advertising, marketing, and promotion expenses (AMP) ought to have been made as the comparables chosen by the Transfer Pricing Officer (TPO) had a net margin lower than that registered by the assessee, Sony India. S. 69A Of Income Tax Act Can Only Be Invoked Where Books Of Account Are Maintained: Delhi High Court Case Title: CIT Versus Hersh Washesher Chadha Citation: 2023 LiveLaw (Del) 1305 The Delhi High Court has held that Section 69A of the Income Tax Act can only be invoked where books of account are maintained. Decision To Cancel GST Registration With Retrospective Effect Must Be Based On Some Objective Criteria: Delhi High Court Case Title: Pratima Tyagi Versus Commissioner Of GST Citation: 2023 LiveLaw (Del) 1310 The Delhi High Court has held that the decision to cancel the GST registration with retrospective effect must be based on some objective criteria. Power To Extend Time For Submitting Audit Reports U/S 142(2c) Belongs Exclusively To AO And Can't Be Exercised By CIT: Delhi High Court Case Title: PCIT Versus B.L. Kashyap And Sons Ltd. Citation: 2023 LiveLaw (Del) 1326 The Delhi High Court has held that the power to extend the time for submitting audit reports under Section 142(2c) belongs exclusively to the AO and cannot be exercised by CIT. Limitation Period To Pass Fresh Assessment Order Expired: Delhi High Court Accepts Returned Income For 12 Years Case Title: Indian Renewable Energy Development Agency Ltd Versus PCIT Citation: 2023 LiveLaw (Del) 1327 The Delhi High Court has accepted the returned income for 12 years as the limitation period to pass a fresh assessment order has expired. Bombay High Court Agreement To Provide Manpower For Maintenance Is Contract Of Service And Not A Sale Under MVAT Act: Bombay High Court Case Title: Atos India Private Limited Versus The State of Maharashtra The Bombay High Court has held that an agreement to provide manpower to perform maintenance is a contract of service and not a sale contract under the MVAT Act. Customs Deputy Commissioner's Order Contrary To AAR's Ruling, Bombay High Court Quashes Case Title: Isha Exim carrying on business Versus UOI The Bombay High Court has quashed the customs deputy commissioner's order contrary to the ruling passed by the Authority of Advance Ruling (AAR). Action Of Customs Assistant Commissioner In Selling Gold Jewellery Belonging To Assessee Is Illegal: Bombay High Court Case Title: Leyla Mohmoodi Versus The Additional Commissioner of Customs The Bombay High Court has held that the action on the part of the Assistant Commissioner of Customs in disposing of or selling the gold jewellery belonging to the petitioners or assessee subject matter of the proceedings was illegal and unconstitutional. Reassessment Proceedings Can't Be In The Nature Of Review: Karnataka High Court Case Title: EIT Services India Pvt. Ltd. Versus Deputy Commissioner Of Income Tax The Karnataka High Court has held that reassessment proceedings cannot be in the nature of review. Karnataka High Court Directs NFAC To Refund Rs.29.30 Cr. With Interest To Myntra Case Title: M/S Myntra Designs Private Limited Versus National Faceless Assessment Centre The Karnataka High Court has directed the National Faceless Assessment Centre (NFAC) to refund Rs. 29.30 crore with interest under Section 244A of the Income Tax Act to Myntra Designs Pvt. Ltd. Madras High Court Madras High Court Quashes Assessment Order Passed Without Considering Assessee's Request Of Personal Hearing Through Video Conference Case Title: C.Chellamuthu Versus The Principal Commissioner The Madras High Court has quashed the assessment order passed without considering the assessee's request for a personal hearing through video conference. Madras High Court Quashes Assessment Order Passed Without Considering Assessee's Request Of Personal Hearing Through Video Conference The Madras High Court has quashed the assessment order passed without considering the assessee's request for a personal hearing through video...

Tax Cases Weekly Round-Up: 17 To 23 December, 2023

Mariya Paliwala

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