Tax Cases Weekly Round-Up: 10 September To 16 September, 2023

Delhi High Court Overlooking Assesssee’s Reply Demonstrates Non-Application Of Mind By The AO: Delhi High Court Case Title: Aphv India Investco. Private Limited Versus ACIT The Delhi High Court has quashed the draft assessment orders, final assessment orders, and consequential demand on the grounds that the assessing officer inadvertently overlooked the email reply of the assessee, in which the assessee disclosed vital facts pertaining to its case. Delhi High Court Directs AWS India To Withhold 8% Payment Of The AWS USA And Deposit It With The Dept. Case Title: Amazon Web Services India Pvt Ltd & Anr. Versus ITO The Delhi High Court has directed that AWS India withhold 8% of payments payable or paid to AWS USA and deposit the same with the income tax department. Brand Names Are Specie Of The Trademark: Delhi High Court Allows Depreciation Case Title: Pr. Commissioner Of Income Tax -1, Chandigarh Versus M/S Kuantum Papers Ltd. The Delhi High Court has allowed the depreciation and held that the expression "trademark" under Section 32(1)(ii) of the Income Tax Act, 1961, and in the appended Explanation 3(b) would clearly include brand names. Bombay High Court Bombay High Court Directs Dept. To Refund TDS Amount Deposited By Assessee Under Protest Case Title: Grasim Industries Ltd. Versus Assistant Commissioner of Income Tax The Bombay High Court, while invoking the doctrine of unjust enrichment, directed the department to refund the TDS amount deposited by the assessee under protest. Bombay High Court Quashes Reassessment Notice Issued After 3 Years Without Proper Approval Case Title: Siemens Financial Services Pvt Ltd. Versus Deputy Commissioner of Income Tax The Bombay High Court has quashed the reassessment notice issued after 3 years without proper approval. Kerala High Court KVAT Act | Tax Doesn't Apply To Transfer Of Goods But To Transfer Of 'Right To Use' Goods: Kerala High Court Case Title: State of Kerala v. M/s Sathyam Audios and connected matters Citation: 2023 LiveLaw (Ker) 463 In a significant ruling, the Kerala High Court recently held that the tax under the KVAT Act applied not to the transfer of goods but to the transfer of the right to use goods. Allahabad High Court GST | Allow Assesee To Upload ITC-01 To Claim Input Tax Credit: Allahabad High Court Case Title: M/S Anupam Electricals And Electronics vs. State of U.P. and Another The Allahabad High Court has allowed the assessee-petitioner to upload ITC-01 to enable him to avail of Input Tax Credit for shifting from the Composite Scheme to the Normal Scheme. Refusal To Condone Delay In ITR filing , Consideration After 20 Years, Allahabad High Court Quashes Order Case Title: Kailash Chand Agarwal vs. Principal Commissioner [Writ Tax No. - 976 of 2022] Case Citation: 2023 LiveLaw (AB) 330 The Allahabad High Court has quashed the order refusing to delay condonation in filing ITRs for lack of records after more than 20 years of filing the condonation applications. Jharkhand High Court Amendment In CGST Rule 89(4) To Have Prospective Effect: Jharkhand High Court Case Title: M/s. Tata Steel Limited vs Union of India and Others LL Citation: 2023 LiveLaw (Jha) 42 Jharkhand High Court has ruled that the explanation inserted in Rule 89(4) of the CGST Rules, 2017, through Notification No. 14/2022-Central Tax dated 05.07.2022, is not of a clarificatory nature and thus will be applied prospectively. Penalty Order Set Aside Leads To Automatic Quashing Of Prosecution Under Section 276C(1) Of Income Tax Act: Jharkhand High Court Case Title: Pralay Pal vs. The State of Jharkhand LL Citation: 2023 LiveLaw (Jha) 41 In a significant ruling, the Jharkhand High Court has held that once a penalty order is set aside, it will be presumed that there is no concealment of income, automatically leading to the quashing of prosecution under Section 276C(1) of the Income Tax Act. Gujarat High Court Benefit Of Vera Samadhan Yojana-2019 Cannot Be Denied Due To Erroneous Payment Figure In Tax Intimation: Gujarat High Court Case Title: Planet Automotive Pvt. Ltd. Versus State Of Gujarat Live Law Citation: 2023 Livelaw (Guj) 152 While handing down a verdict in favor of Planet Automotive Pvt. Ltd., which had sought relief under the "Vera Samadhan Yojana-2019," a tax amnesty scheme introduced by the State of Gujarat, the Gujarat High Court, has affirmed that a minor error in the intimation should not prevent the petitioner from availing the benefits of the scheme, especially when they have met the essential criteria for eligibility. Patna High Court Patna High Court Rejects Bail Plea Of Accused In Money Laundering Case Due to Lack Of Satisfactory Explanation Of Assets And Cash Holdings Case Title: Chandrama Prasad Singh @ Chandrama Prasad @...

Tax Cases Weekly Round-Up: 10 September To 16 September, 2023

Mariya Paliwala

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