Tax Cases Weekly Round-Up: 24 To 30 September, 2023

Supreme Court Material Disclosed To Income Tax Settlement Commission Needn't Be Something Which Wasn't Discovered By Assessing Officer : Supreme Court Case Title: KOTAK MAHINDRA BANK LIMITED vs COMMISSIONER OF INCOME TAX BANGALORE AND ANR Citation : 2023 LiveLaw (SC) 822 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 Case Title: Western Carrier India Ltd v. State Of U.P. And 4 Others Citation: 2023 LiveLaw (AB) 347 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. ...

Tax Cases Weekly Round-Up: 24 To 30 September, 2023

Mariya Paliwala

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