Tax Cases Weekly Round-Up: 29 October To 4 November, 2023

Supreme Court Supreme Court Affirms Penalty On 'Zarda' Manufacturers For Misclassifying Product As 'Chewing Tobacco' For Central Excise Duty Case Title: Commr. Of Cen. Exc. Ahmedabad v M/S Urmin Products P. Ltd. And Others Citation: 2023 LiveLaw (SC) 949 The Supreme Court while adjudicating a matter wherein the Assesssee deliberately misclassified the ‘Zarda’ produced by it as ‘Chewing Tobacco’ for evading payment of a high duty as applicable to ‘Zarda’, has affirmed the imposition of penalty and demand for payment of differential duty raised by the Central Excise Department from the Assessee. Delhi High Court Delhi High Court Upholds ITAT’s Decision On Selection Of Comparables For Determination Of Arm’s Length Price Of An International Transaction Case Title: PCIT Versus M/S Chrys Capital Investment Advisors (India) Pvt. Ltd. The Delhi High Court had upheld the decision of the Income Tax Appellate Tribunal (ITAT) on the selection of comparables for the determination of the arm’s length price of an international transaction. Transfer Pricing | Delhi High Court Excludes Comparables On The Basis Of Functional Dissimilarity Case Title: PCIT Versus Qualcomm India Pvt Ltd The Delhi High Court has excluded the comparables on the basis of functional dissimilarity in the transfer pricing case. Bombay High Court System Default Is The Standard Excuse Of Department When It Comes To Giving Refunds: Bombay High Court Case Title: Matrix Publicities and Media India Pvt. Ltd. Versus Deputy Commissioner of Income Tax Circle- 16(1), Mumbai & Ors. The Bombay High Court has stated that system default is the standard excuse of the department when it comes to giving refunds. Madras High Court Cognizant Technology Challenges ITAT Order Upholding Dividend Distribution Tax Demand On Buyback Of Rs 19,000-Crore Shares Before Madras High Court The Cognizant Technology has challenged the order of the Income Tax Appellate Tribunal (ITAT)which upheld the dividend distribution tax demand on buyback of Rs. 19,000-crore shares before Madras High Court. Madras High Court Directs Customs Dept. To Release Fresh Apples Imported From New Zealand On Furnishing Of Bank Guarantee Towards Differential Duty Case Title: The Additional Commissioner of Customs Versus M/s.N.C.Alexander The Madras High Court has directed the customs department to release fresh apples imported from New Zealand on the furnishing of bank guarantees towards differential duty. The Madras High Court has directed the customs department to release fresh apples imported from New Zealand on the furnishing of bank guarantees towards differential duty. Gujarat High Court GST Appellate Tribunal Constituted But Not Functional: Gujarat High Court Stays Recovery Of Dues LL Citation: 2023 LiveLaw (Guj) 176 Case Title: Rajkalp Mudranalya Private Limited Thro Kalpesh Maneklal Patel Versus Superintendent The Gujarat High Court has stayed the order for recovery of dues on the grounds that, though the GST Appellate Tribunal was constituted, it was not functional. Allahabad High Court Game Of Skill Brought At Par With Game Of Chance: Writ Challenging CGST Amendment Act 2023 And Vires Of S.15(5) CGST Act Filed In Allahabad HC On Thursday, Allahabad High Court issued notice in writ petition challenging the validity of the Central Goods and Service Tax (Amendment) Act, 2023 notified on 18th August, 2023 which sought to tax all online money games in toto. UPVAT Act | Family Entitled To Insurance Money Under Group Insurance Policy If Registration Valid On Date Of Death Of Registered Dealer: Allahabad HC Case Title: Rina Rani Rustogi v. State Of U.P. And 4 Others The Allahabad High Court held that if registration under the Uttar Pradesh Value Added Tax Act, 2008 was subsisting on the day of his death, his family would be entitled to insurance claim under the Group Insurance Policy. UPVAT | Exemption/Concession Form Not Produced During Assessment Due To Unavoidable Circumstances, Can Be Considered By Tribunal: Allahabad HC Case Title: M/S Sah Agencies Pvt. Ltd. v. Commissioner, Commercial Tax U.P. [SALES/TRADE TAX REVISION No. - 139 of 2022] The Allahabad High Court has held that if a form through which exemption/concession has been claimed under the Uttar Pradesh Value Added Tax Act, 2008 could not be produced at the time of assessment due to unavoidable circumstances, the same can be produced before the Tribunal. The Tribunal is bound to consider it before passing any order. GST | Opportunity Of Hearing Must Before Taking Adverse View: Allahabad High Court Quashes Penalty Order Case Title: M/S New India Traders v. State Of U.P. And 2 Others [WRIT TAX No. - 527 of 2023] The Allahabad High Court has held that principles of natural justice must be complied with before drawing any...

Tax Cases Weekly Round-Up: 29 October To 4 November, 2023

Mariya Paliwala

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