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

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

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.

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

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.

Case Title: M/S Ali Shah Versus Union of India

The Jammu & Kashmir and Ladakh High Courts have held that jurisdiction in the case of shawls containing prohibited material lies in Delhi, not Jammu & Kashmir, as the seizure took place in Delhi.

Jharkhand High Court

Case Title: M/s LMB Sons Versus UOI

The Jharkhand High Court has held that the circulars or instructions issued by the Central Board of Indirect Taxes and Customs (CBIC) are legally binding on the department, and their violation will make the actions of the respondent illegal and ex-facie bad in law.

Income Tax Dept. Is Duty Bound To Provide All Material Information On Which Reliance Was Placed To The Assessee: Jharkhand High Court

Case Title: M/s Chotanagpur Diocesson Trust Asson. Versus UOI

The Jharkhand High Court has held that the Department is duty-bound and is mandatorily required to provide all material information or inquiry conducted on which reliance is being placed, along with supporting documents, to the petitioner as per the provisions of Section 148A of the Income Tax Act, 1961.

Kerala High Court

Penalty Is Payable On Failure To Deposit Tax Collected Within A Period Of Thirty Days From The Due Date: Kerala High Court

Citation: 2023 LiveLaw (Ker) 619

Case Title: M/S. Global Plasto Wares Versus Assistant State Tax Officer

The Kerala High Court has held that the penalty is payable on failure to deposit the tax collected by him within a period of thirty days from the due date of the payment of the tax.

Patna High Court

Petitioner Cannot Be Deprived Of The Benefit, Due To Non- Constitution Of The Appellate Tribunal By The Respondents Themselves: Patna High Court

LL Citation: 2023 Livelaw (Pat) 128

Case Title: M/s Cohesive Infrastructure Developers Pvt. Ltd vs The Central Board of Indirect Taxes and Customs and Ors

In a recent ruling, the Patna High Court has granted relief to M/s Cohesive Infrastructure Developers Pvt. Ltd, the petitioner, in a Goods and Services Tax (GST) dispute.

Case Title: M/s. Kangayam Primary Agricultural Co-operative Credit Society Versus ITO

The Chennai Bench of Income Tax Appellate Tribunal (ITAT) has allowed the deduction under Section 80P(2)(d) of the Income Tax Act on the interest income from investments in cooperative banks.

Deemed Dividend Is Taxable Only In The Hands Of The Shareholder: ITAT

Case Title: ACIT versus Kiran Ship Breaking Company

The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has held that a deemed dividend is taxable only in the hands of the shareholder.

Case Title: FCI OEN Connectors Ltd Versus Commissioner of Central Tax, Cochin

The Bangalore Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT)has held that the TDS amount paid to the Income Tax Department by the appellant from his own account cannot form part of the consideration of the service charges paid to the overseas service provider, and service tax is not payable.

Service Tax Not Leviable On Freight Brokerage: CESTAT

The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that service tax is not leviable on freight brokerage.