Tax Cases Weekly Round-Up: 05 November To 11 November, 2023

Delhi High Court CENVAT Credit Refund Can’t Be Denied In Absence Of Self-Assessed Return Having Been Questioned, Reviewed Or Re-Assessed: Delhi High Court Case Title: BT (India) Private Limited Versus UOI Citation: 2023 LiveLaw (Del) 1082 The Delhi High Court has held that a CENVAT credit refund cannot be denied in the absence of the self-assessed return having been questioned, reviewed or re-assessed. Delhi High Court Quashes Suspension Of License, Issued To Customs House Agent, Finding Order Illegal Case Title: Commissioner of Customs Versus ICS Cargo Citation: 2023 LiveLaw (Del) 1064 The Delhi High Court has held that there was proper verification on the part of the Customs House Agent (CHA) with regard to the genuineness of the Importer-Exporter Code (IEC) as well as GSTIN. ITR-Filing Date Is Relevant For Calculating Section 143(2) Limitation And Not Defect-Removal Date: Delhi High Court Case Title: SMC Comtrade Ltd. Versus ACIT Citation: 2023 LiveLaw (Del) 1066 The Delhi High Court has held that once the return has been found to be valid and only a defect within the meaning of Section 139(9) of the Income Tax Act has been found, interest cannot be levied. Delhi High Court Quashes Non-Speaking Order Rejecting The Grant Of An LDC Permitting Deduction Of 0.01% TDS Case Title: Shreyash Retail Private Ltd Versus Deputy Commissioner Of Income Tax TDS Circle Citation: 2023 LiveLaw (Del) 1102 The Delhi High Court has quashed the non-speaking order rejecting the grant of a lower deduction of tax certificate (LDC) permitting the deduction of 0.01% TDS. Bombay High Court Bombay High Court Quashes FAO Order Passed After Two Years Of DRP Direction Against Vodafone Idea Case Title: Vodafone Idea Limited Versus CPC The Bombay High Court has held that the assessment order dated August 31, 2023, passed by the Faceless Assessing Officer (FAO) two years after the Dispute Resolution Panel (DRP) directions, is time-barred and cannot be sustained. Re-Opening Is Not Permissible As It Falls Within The Purview Of A ‘Change Of Opinion’: Bombay High Court Case Title: Hasmukh Estates Pvt. Ltd. Versus ACIT The Bombay High Court has held that re-opening is not permissible as it clearly falls within the purview of a ‘change of opinion’ which is impermissible in law. Madras High Court Interest Income From Co-Operative Bank Entitled To Income Tax Deduction: Madras High Court Citation: 2023 LiveLaw (Mad) 346 Case Title: Thorapadi Urban Co-op Credit Society Limited v Income Tax Officer The Madras High Court recently clarified that interest income received from a Cooperative bank is also entitled to deduction under Section 80P(2)(d) of the Income Tax Act 1961. Gujarat High Court Whether Fantasy Gaming Fall Within Actionable Claim Amounting To Betting And Gambling Or Based On Skills: Gujarat High Court Stays GST SCN, Issues Notice Case Title: NXGN Sports Interactive Private Limited Versus Union Of India The Gujarat High Court will decide on the issue of whether fantasy gaming falls within an actionable claim amounting to betting and gambling or based on skills. Cash Can’t Be Considered As Goods For The Purpose Of Seizure Proceedings Under GST: Gujarat High Court LL Citation: 2023 LiveLaw (Guj) 180 Case Title: Bharatkumar Pravinkumar And Co. Versus State Of Gujarat The Gujarat High Court has recently delivered a verdict on the issue of the seizure of cash under the Goods and Services Tax (GST) Act, clarifying that cash does not qualify as "goods" for the purpose of seizure proceedings. Allahabad High Court In GST Regime All Details Are Available On Portal Of GST Department, Department Must Verify: Allahabad High Court Quashes Penalty Order Case Title: M/S Rama Brick Field v. Additional Commissioner Grade-2 And 2 Others The Allahabad High Court has held that in the GST regime all details and returns filed are available on the portal of the GST Department and the authorities can verify from the portal the amount of tax deposited after filing of GSTR -1 and GSTR 3 B. GST Act | Proceedings Ought Not To Be Initiated If Rectified Tax Invoices, E-Way Bills Produced Before Passing Detention Order: Allahabad HC Case Title: M/S Galaxy Enterprises v. State Of U.P. And 2 Others The Allahabad High Court has held that once rectified/ correct tax invoices and e-way bills are produced before the authorities before passing of the detention/ seizure order, the proceedings under the Goods and Service Tax Act, 2017 ought not to be initiated. MP High Court Income Chargeable To Tax Escaping Assessment | Reassessment Proceedings Against Amalgamated Entity, MP High Court Quashes Order U/S 148A(d) Income Tax Act Case Title: Jhansi Baran Pathways Pvt. Ltd (Now Amalgamated With Prakash Asphaltings...

Tax Cases Weekly Round-Up: 05 November To 11 November, 2023

Mariya Paliwala

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