Retrospective GST Registration Cancellation Can't Be A Consequence Of Non-Filing Of Return: Delhi High Court

The Delhi High Court has held that simply because a taxpayer has not filed the returns for some period does not mean that the taxpayer's registration is required to be cancelled with a retrospective date.The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has held that in terms of Section 29(2) of the Act, the proper officer may cancel the GST registration of a person from...

Taxpayer Must Substantiate Form 26AS Or Form 16 So As To Claim Credit Over TDS: Mumbai ITAT

While remanding the case back for re-adjudication, the Mumbai ITAT held that the prima facie onus would be upon the Assessee to substantiate its claim of non-granting of TDS credit, by providing relevant documents, such as an appointment letter, salary slips or Form No.16 or bank statements, or any other corroborative evidence/ documents. The Bench of the ITAT comprising...

Cash Deposits Made During Demonetization Is No Basis For Addition U/s 68, Without Rejecting Audited Books Of Account: Delhi ITAT

On finding that the authorities have not considered the history of the assessee and not even rejected its books of accounts, the New Delhi ITAT deleted the addition sustained by the CIT(A) u/s 68 of the Income Tax Act. The ITAT found that the addition was made u/s 68 on account of huge cash deposits made during demonetization period. The Bench of the ITAT comprising of Yogesh...

Incorrect Assumption Of Facts Alone Is No Basis To Revoke Revisionary Jurisdiction U/s 263: Rajkot ITAT

On finding that the PCIT has held the assessment order passed by AO as erroneous and prejudicial to the interest of the Revenue simply based on incorrect assumption of facts, the Rajkot ITAT directed to set aside the order passed u/s 263 of the Income tax Act, 1963. The ITAT explained that the assessment order needs to be erroneous as well as prejudicial to the interest of...

Jaipur ITAT Directs Dept. To Allow Taxpayer To File Revised Appeal Memo In Form No. 35 For Removal Of Deficiency

While relegating the taxpayer to file a revised appeal memo in Form No. 35 either on the e-filing portal of the department or physical form, the Jaipur ITAT restored the matter back to the file of the CIT(A) to adjudicate the matter of rectification application for removal of deficiency, afresh, as per law. The Bench of the ITAT comprising of Sandep Gosain (Judicial Member) And M....

Controversy On New Tax Regime – No Clarity Before Litigation Challenges It?

'Income tax' which we call in Hindi 'Kar', has its origin under the law of the land, i.e., Indian Constitution. Entry 81, Schedule VII to the Constitution deals with the term 'Income tax' which means taxes on income only and nothing else. Separately, Article 265 of the Indian constitution deals with the taxes not to be imposed save by authority of law. It means that no tax shall be levied or collected except by the authority of law. Now, it's the end of the present financial year i.e.,...

Indirect Tax Cases Weekly Round-Up: 24 To 30 March 2024

Supreme Court Customs Act | S. 71 Inapplicable If Imported Goods Were Stocked Outside Notified Public Bonded Warehouse With Permission : Supreme Court Case Title: M/s Bisco Limited V Commissioner Of Customs And Central Excise Citation : 2024 LiveLaw (SC) 257 The Supreme Court has held that Section 71 of the Customs Act, 1962 would be inapplicable to cases where...

Direct Tax Cases Weekly Round-Up: 24 To 30 March 2024

Delhi High Court Addition Solely Based On Photocopy Of Sale Agreement Is Completely Unjustifiable: Delhi High Court Case Title: PCIT Versus Rashmi Rajiv Mehta The Delhi High Court has held that an addition solely based on a photocopy of the sale agreement is completely unwarranted and unjustifiable. ITAT CIT(A) Not Empowered To Dismiss An Appeal On Account Of...

No Service Tax Is Payable On Installations On CNG Kits In Absence Of Separate Invoices: CESTAT

The Ahmedabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that no service tax is payable on installations on CNG kits in the absence of separate invoices. The bench of Ramesh Nair (Judicial Member) and Raju (Technical Member) has observed that separate invoices were not found as regards the assessee having carried out installations on CNG kits. Despite...

Emotionally Intelligent Companion Device For Children Is Classifiable As 'Automatic Data Processing Machines' And Not 'Plastic Toys': CESTAT

The Mumbai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that MIKO II, an “emotionally intelligent companion device” that is a 'human-like' companion for children, is classifiable as an automatic data processing machine and not 'a plastic toy'.The bench of Ajay Sharma (Judicial Member) and C. J. Mathew (Technical Member) has observed that the description...

Second Petition Can't Be Filed If First Petition Challenging ITC Reversal Is Unconditionally Withdrawn: Delhi High Court

The Delhi High Court has held that the petitioner, having unconditionally withdrawn the earlier petition and liberty being specifically declined to the petitioner, is precluded from filing the fresh petition seeking the same relief that was earlier withdrawn by the petitioner.The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has relied on the decision of the Supreme Court in...

Andhra Pradesh High Court Directs Municipal Corporation To Decide Representation On Waiver Of Interest On Property Tax Arrears

The Andhra Pradesh High Court, while restraining the Municipal Corporation from taking coercive steps against the petitioner, directed the corporation to decide representation on a waiver of interest on property tax arrears.The bench of Justice Ravi Cheemalapati has observed that the petitioner seems to have been paid an amount of Rs. 25,09,386 which includes penalty and interest on the...