Tax
Gujarat High Court Grants Bail in Rs. 1466 Crore Alleged GST Scam Case
The Gujarat High Court has granted bail to a man in a case involving an alleged GST scam amounting to Rs. 1466 crores. This ruling came following an application filed by the accused under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with a case registered with the Directorate General of GST Intelligence, Rajkot,The Senior Advocate appearing on behalf of the applicant submitted that the applicant was arrested in connection with the present offence on...
Gujarat High Court Grants Bail To Co-Accused In Rs. 700 Crore GST Scam Case Involving Tax Amount Of 35 Crores
The Gujarat High Court has dismissed a petition filed by the State against the order granting regular bail to an accused in a multi-crore scam case.The ruling came in a Criminal Miscellaneous Application filed under Section 439(2) of the Code of Criminal Procedure, 1973, whereby the petitioner State prayed to quash and set aside the order dated 11.11.2021, passed by the District and Sessions Judge, Junagadh, in a Criminal Misc. Application, whereby, the Session Judge had granted regular bail to...
Tax Recovery Officer Cannot Declare Sale Made By Assessee In Favour Of 3rd Party As Void: Madras High Court
The Madras High Court has held that a tax recovery officer cannot declare a sale made by the assessee in favour of a third party void if he finds that the property of the assessee was transferred by the assessee to a third party with an intention to defraud the revenue. The bench of Justice C. Saravanan has observed that the Income Tax Department will have to file a suit in terms of Rule 11 (6) of the 2nd Schedule of the Income Tax Act, 1961, though under Rule 11 (6) of the 2nd Schedule of the...
Gujarat High Court Grants Bail In Case Of Alleged Issuance Of Invoices Without Supply Of Goods Under CGST Act
The Gujarat High Court has granted bail for an individual implicated in a case related to an FIR filed under Sections 132(1)(b) and (1) of the Central Goods & Services Tax Act, 2017. The case revolves around the purported issuance of GST invoices without actual delivery of goods, allegedly resulting in a significant financial loss to the government treasury.Justice Divyesh A Joshi presiding over the matter, passed the Order granting bail in an application is filed under Section 439 of...
ITAT Cases Weekly Round-Up: 10 To 16 March 2024
Interest Income Earned On Deposits Placed With Co-Operative Society Is Duly Eligible For Deduction U/s 80P(2)(D): Chandigarh ITAT Case Title: Balduhak Co-operative Agriculture Service Society verses ITO Finding that that the assessee is a Cooperative Society (and not a co-operative bank) which was engaged in providing short term credit facility to its members, the Chandigarh ITAT...
Consistency Sacrosanct In Taxation Matters, Department Can't Take Different Stand In Identical Situations: Allahabad HC Grants Relief To Samsung
The Allahabad High court has held that the Department must take consistent stands in identical fact situations for different tax periods as consistency is paramount in tax regime.While observing that the facts of the tax periods under dispute were exactly identical to previous tax periods, Justice Shekhar B. Saraf held “While the principle of res judicata does not apply to taxation matters,...
CGST | Travelling Beyond SCN Erodes Trust In Integrity & Impartiality Of Adjudicatory Process: Allahabad High Court
The Allahabad High Court has held that Department travelling beyond the scope of the show cause notice undermines the right to fair hearing of an assesee and also erodes the trust in integrity and impartiality of the adjudicatory process.The Court held that Department must clearly outline the allegations against the assesee. Under no circumstances can the Department travel beyond the...
S75(4) UPGST | 'Or' Is Disjunctive In Nature, Each Option To Be Considered Independently: Allahabad High Court
The Allahabad High Court has held that the use of word 'or' in Section 75(4) of Uttar Pradesh Goods and Service Tax Act, 2017 is disjunctive in nature which means that there are two situations provided in which opportunity of personal hearing must be afforded to an assesee and both situations must be considered independently while applying Section 75(4).Section 75(4) of Uttar Pradesh Goods...
Services Of Planning Travel Itinerary Of Clients Classified As “Air Travel Agent” And Not Under Business Support Service: CESTAT
The Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that services for planning travel itineraries for clients are classified as “air travel agents” and not under business support services.The bench of Binu Tamta (Judicial Member) and Hemambika R. Priya (Technical Member) has observed that the definition of “air travel agent” includes all...
CGST | 'Capital Goods' Are For Long-Term Use, 'Inputs' For Day-To-Day Operations, Not Capitalized In Books Of Accounts: Allahabad HC Clarifies
The Allahabad High Court has clarified that 'capital goods' as defined under Section 2 of the Central Goods and Service Tax Act, 2017 are for long term use whereas 'inputs' are meant for day-to-day business operations and are not capitalized in the books of accounts.“Capital goods are intended for long-term use and are typically subject to capitalization. However, inputs, are goods used in...
Bombay High Court Quashes Reassessment Proceedings Against Castrol India Initiated On Basis Of A Change Of Opinion
The Bombay High Court has quashed reassessment proceedings against Castrol India initiated on the basis of a change of opinion.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that the reasons to believe notice itself indicates that the AO was already seized with information prior to passing the original assessment order, and as such, there is no tangible information...
Claim Seeking Application Of Income For Charitable Purpose U/s 11 & 12 Can't Be Denied To Trust On Mere Technicalities: Delhi ITAT
The New Delhi ITAT emphasized that the Revenue Authorities have to tax the right person in right manner and shall not disallow the eligible deductions on mere technicalities.The Bench of M. Balaganesh (Accountant Member) and Yogesh Kumar U.S (Judicial Member) observed that “the Revenue has rejected the plea of the Assessee based on mere technicalities and it is not the case of the Revenue...