19 Nov 2023 8:30 AM GMT
Supreme Court UP VAT Act | Assessee Entitled To Claim Full Input Tax Credit On Exempted Goods Produced As By-Products Or Waste Products During Manufacturing Of Taxable Goods: Supreme Court Case details: M/S Modi Naturals Ltd v The Commissioner of Commercial Tax UP Case No.: 2023 LiveLaw (SC) 976 The Supreme Court while relying on Explanation (iii) to Section 13 of...
Case details: M/S Modi Naturals Ltd v The Commissioner of Commercial Tax UP
Case No.: 2023 LiveLaw (SC) 976
The Supreme Court while relying on Explanation (iii) to Section 13 of Uttar Pradesh Value Added Tax Act, 2008 (“UP VAT Act”), has held that if during the manufacture of any taxable good any tax exempted goods are produced as by-product/waste product, then it shall be deemed that the goods purchased from within the State for such manufacturing have been used in manufacture of taxable goods alone. Thus, the Assessee would be entitled to claim full benefit of Input Tax Credit (“ITC”) in respect of taxable goods purchased from within the State.
Case details: M/S Modi Naturals Ltd v The Commissioner of Commercial Tax Up
The Supreme Court has held that the definition of “Goods” under Section 2(m) of Uttar Pradesh Value Added Tax Act, 2008 (“UP VAT Act”) includes both taxable as well as exempted goods. Similarly, the word “goods” under Section 13(1)(f) of the UP VAT Act cannot be said to be qualified by the word “taxable”.
Case Title: Ganesh Dass Khanna Versus ITO
The Delhi High Court has held that an extended period of 10 years would apply in serious tax evasion cases where there was evidence of concealment of income above Rs. 50 lakhs.
Case Title: Enviornics Trust Versus The Dept. Commissioner Of Income Tax
The Delhi High Court has upheld the reassessment proceedings against a trust for wrongful application of foreign contribution, which was against the objective of the trust.
TRU Can’t Issue Clarification Regarding Classification Of Polypropylene Woven And Non-Woven Bags Under Customs Tariff Act, 1975: Delhi High Court
Case Title: Association Of Technical Textiles Manufacturers And Processors & Anr. Versus UOI
The Delhi High Court has held that the Tax Research Unit (TRU) cannot issue clarification regarding the classification of polypropylene woven and non-woven bags under the Customs Tariff Act, 1975.
Case Title: Delhi Gymkhana Club Versus Commissioner (Luxury Tax), New Delhi & Ors.
The Delhi High Court has held that Delhi Gymkhana Club is exigible to tax under the Delhi Tax on Luxuries Act, 1996.
Case Title: Saraswati Petrochem Pvt. Ltd. Versus Income Tax Officer
The Delhi High Court has held that AO did not have the tangible material on record that could have persuaded him to form the belief that income, otherwise chargeable to tax, had escaped assessment.
Case Title: Ramona Pinto v. Deputy Commissioner of Income Tax, Income Tax Appeal No. 2610 of 2018
The High Court of Bombay has held that an An amount received in satisfaction of the inheritance rights is not a taxable income.
Case Title: Ramona Pinto Versus Deputy Commissioner of Income Tax
The Bombay High Court has held that, as per Section 45(4) of the Income Tax Act, assuming that there was a distribution of capital assets upon dissolution of the firm, it is the firm and not the partner who has to pay the tax.
Case Title: Diversey India Hygiene Private Limited Versus ACIT
The Bombay High Court has quashed the reassessment proceedings against non-existent entities despite an active PAN.
Case Title: Chandar Mahadev Naik Versus Income Tax Officer
The Bombay High Court has quashed the income tax assessments for the assessment year 2016-2017 against agriculturists and rickshaw drivers for improper sanction.
Case Title: Ganesh Ramesh Chavan Versus Income Tax Officer
The Bombay High Court has directed the Jurisdictional Assessing Officer (JAO) to provide specific information relied upon to issue the notice under Section 148A(B) of the Income Tax Act.
Case Title: Ramona Pinto v. Deputy Commissioner of Income Tax
The High Court of Bombay has held that an amount of arbitration award received by a retiring partner for relinquishing its claim in the firm is not a taxable income.
Case Title: R.Revathy Versus ACIT
Citation: 2023 LiveLaw (Mad) 349
The Madras High Court has held that income tax adjudication proceedings and criminal prosecution are independent of each other; the pendency of one does not affect the other.
Case Title: M/s.Parle Agro Pvt. Ltd. Versus Union of India
Citation: 2023 LiveLaw (Mad) 352
The Madras High Court has allowed Parle Agro’s petition challenging the classification of flavoured milk.
Case Title: M/s.Shewil Trading Company Versus The Commissioner of Commercial Taxes
Citation: 2023 LiveLaw (Mad) 353
The Madras High Court has directed the state tax officer to investigate the misuse of login IDs by unknown persons facilitating tax evasion.
Case Title: Duraiswamy Kumaraswamy Versus PCIT
The Madras High Court has allowed the Foreign Tax Credit (FTC) claim on the grounds that filing Form-67 after filing the Income Tax Return (ITR) but before the issuance of an intimation amounts to due compliance.
Rajasthan High Court
Case Title: Khum Singh Balla Versus State Of Rajasthan
The Rajasthan High Court has stayed the cess demand against the hotelier, who was the subsequent purchaser.
The Allahabad High Court has granted interim relief to Anand and Anand Law Firm by staying the proceedings initiated under the Goods and Service Tax Act, 2017.
Case Title: M/S Sun Flag Iron And Steel Company Limited v. State Of U.P. And 3 Others
The Allahabad High Court held that once e-way bill has been generated by the assessee and the same has not been cancelled within the time prescribed in the Goods and Service Tax Act, 2017, movement of goods and genuineness of a transaction cannot be disputed by the Department.
Case Title: Care College of Nursing and others. Versus Kaloji Narayana Rao University of Health Sciences, Rep by its Registrar, and others.
The Telangana High Court has held that GST exemption as granted under Notification No.12 of 2017 of the GST Act, 2017 to the institutions providing education services does not cover Affiliation fee and Inspection fee paid by the College to the University.
Case Title: ITO Versus Direct Trading Co. P. Ld.
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has deleted the income tax addition of Rs. 2.30 crores as the Assessing Officer (AO) did not mention any investment outside the books of accounts.
Case Title: M/s. Coronate Constructions Versus PCIT
The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has observed that unsold flats that are in stock in trade should be assessed under the heading "business income".
Case Title: Deputy Commissioner of Income-Tax Versus M/s Macrotech Developers Limited
The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has directed the ALP Computation Towards Guarantee Commission at a rate of 0.3523% in the case of Macrotech Developers.
Case Title: M/s. Tata Steel Ltd. Versus DCIT
The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has deleted the Transfer Pricing (TP) Adjustment as rates on which power is available through the Indian Energy Exchange cannot be applied because these are not the rates to the consumers but rates to the DISCOMs.
Case Title: M/s. Tata AIG General Insurance Co. Ltd. Versus Commissioner of Service Tax-VI, Mumbai
The Mumbai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that without an opening assessment of the provision of service extended by the service provider, CENVAT credits cannot be denied to the recipient who had paid the required service tax through the service receiver in order to avail the input services.
Case Title: M/s. Sun Pharmaceuticals Industries Ltd. Versus Commissioner of GST & Central Excise
The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the product ‘Danazol’ of Sun Pharmaceuticals Industries Ltd. is eligible for excise duty exemption.
Case Title: C.S.T.-Service Tax - Ahmedabad Versus Ramky Infrastructure Ltd.
The Ahmedabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that no service tax is payable on the service of laying a pipeline for the Gujarat Water Supply and Sewerage Board (GWSSB).