Supreme Court

Material Disclosed To Income Tax Settlement Commission Needn't Be Something Which Wasn't Discovered By Assessing Officer : Supreme Court

The Supreme Court has ruled that Section 245H of the Income Tax Act, 1961, which empowers the Settlement Commission to grant immunity from prosecution and penalty to the assessee if he has co-operated with the Settlement Commission and has made “full and true disclosure of his income”, cannot be saddled with an artificial requirement that the material “disclosed” by the assessee before the Commission must be something apart from what was “discovered” by the Assessing Officer.

Bombay High Court

Capital Gain Tax, No Retrospective Applicability Of Amendment Restricting Investment In India: Bombay High Court

Case Title: Hemant Dinkar Kandlur Versus Commissioner of Income Tax

The Bombay High Court has held that the amendment restricting investment in house property in India has retrospective applicability.

Assessee Entitled To The Benefit Of VsV Act During The Pendency Of Prosecution Not Involving 'Tax Arrears': Bombay High Court

Case Title: Pragati Pre Fab India Pvt. Ltd. Versus PCIT

The Bombay High Court has directed the department to decide the application filed by the assessee in conformity with the Direct Tax Vivad Se Vishwas Act 2020.

Punjab & Haryana High Court

Innovation & Development Services Provided To A German Company Amounts To Export Of Service: Punjab & Haryana High Court

Case Title: M/s Fresenius Kabi Oncology Ltd. Versus Union of India

The Punjab and Haryana High Court has held that innovation and development services provided to a German company amount to an export of services.

Allahabad High Court

GST Act | If Invoice Or Any Other Specified Document Is Accompanying Goods, Then Consigner Or Consignee Are Deemed To Be Owner: Allahabad HC

The Allahabad High Court held that if goods are accompanied by invoices or any other document as specified, either the consignee or the consigner shall be deemed owner of the goods. Penalty, if any, should be imposed under Section 129(1)(a) of the Goods and Services Tax Act, 2017.

Rajasthan High Court

Rajasthan High Court Seeks A Mechanism Matching Supplier's Credit Note With ITC Reversal, From Authorities

Case Title: Hindustan Unilever Limited Versus Union Of India

The Rajasthan High Court has asked for suggestions from the authorities with respect to a mechanism for matching a supplier's credit note with input tax credit (ITC) reversal.

Kerala High Court

GST Registration Cancellation: Superintendent Of Central Tax To Take Independent Decision Without Influenced By Direction Of DGGI: Kerala High Court

Case Title: Muhammad Salmanul Faris K Versus The Superintendent

The Kerala High Court has held that the Superintendent of Central Tax should take an independent decision without being influenced by the direction of the DGGI, Kochi Zonal Unit.

ITAT

Fee Paid By TCS Towards The Brand To Tata And Sons Ltd. Is Not Capital In Nature, Royalty Not Chargeable: ITAT

Case Title: Tata Consultancy Services Versus DCIT

The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has held that the fee paid by the assessee, Tata Consultancy Services (TCS), towards the brand to Tata and Sons Ltd. is not capital in nature for the reason that the brand is not owned by the assessee.

There Can Be No Protective Addition In Absence Of Substantive Addition: ITAT

Case Title: Kanav Metals Versus ITO

The Delhi bench of the Income Tax Appellate Tribunal (ITAT) has held that protective addition presupposes the existence of substantive additions; there can be no protective addition in the absence of substantive addition.

Presumptive Taxation, Income From Profession Can’t Be In Absence Of Notified Professional Qualification: ITAT

Case Title: Shri Vishnu Dattatraya Ponkshe Versus Central Processing Centre

The Mumbai bench of the Income Tax Appellate Tribunal (ITAT) has held that income from professions against which TDS is deducted cannot be taxed at 50% in the absence of notified professional qualification.

Bogus Capital Gain By Sale Of Shares, Assessee Not A Beneficiary, ITAT Deletes Addition

Case Title: Deputy Commissioner of Income Tax Versus Shri Rajnikant Prabhudas Mandavia

The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has deleted the addition on account of bogus capital gain by the sale of shares of a penny stock company in the absence of incriminating material.

ITAT Excludes Infosys From The List Of Comparables Under Software Development Services Segment

Case Title: Addl. CIT Versus Avaya India Pvt. Ltd.

The Delhi bench of the Income Tax Appellate Tribunal (ITAT) has upheld the exclusion of Infosys from the list of comparables under the software development services segment.

Income With Respect To Contribution Received From Recognized Stock Exchange Is Eligible For Section 10 (23EC) Exemption: ITAT

Case Title: Income Tax Officer Versus NCDEX Investor (Client) Protection Fund Trust

The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has held that the income of the assessee with respect to contributions received from recognized stock exchanges and the members thereof is eligible for exemption under Section 10 (23EC) of the Income Tax Act.

Freight Inward Charges Are Part And Parcel Of Purchase Of Goods, TDS Not Deductible: ITAT

Case Title: M/s. Jaypee Cement Corporation Ltd. Versus ACIT

CESTAT

Transporters/Contractors Rendering Transport Services In Mines Cannot Be Said To Be GTA In Absence Of Consignment Note: CESTAT

Case Title: M/s. The Ramco Cements Limited Versus Commissioner of Central Excise

The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that in the absence of a consignment note, transporters or contractors rendering transport services in mines cannot be said to be goods transport agencies (GTA).

No Demand Under CICS or CRCS Could Survive Against Works Contract Involving Composite Contracts Prior To 01.06.2007: CESTAT

Case Title: M/s. Mertho Constructions Versus Commissioner of Central Excise

The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that if works contract service was undertaken prior to June 1, 2007, involving contracts of composite nature, no demand under Commercial or Industrial Construction Service (CICS) or Construction of Complex Service (COCS) could survive.