Tax
Supreme Court Dismisses UP Govt.'s Appeal Against Allahabad HC Order Quashing Demand Of Rs. 235.52 Crores Against VIVO
On Thursday(January 4), the Supreme Court dismissed a Special Leave Petition filed by the State of Uttar Pradesh against the order of the Allahabad High Court quashing the demand of Rs. 235.52 Crores raised against Vivo Mobile India Private Limited raised by GST Authorities vide order under Section 74(9) of the Goods and Service Tax Act 2017.In the peculiar facts of the case, the bench...
Service Tax Not Payable On Demat Or Depository Charges: CESTAT
The Ahmedabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that service tax is not payable on demat or depository charges collected from sub-brokers.The bench of Ramesh Nair (Judicial Member) and Raju (Technical Member) has observed that demat or depository charges are collected by the sub-brokers and paid to the depository participants who are authorised to...
There Cannot Be Sale Without Purchase: ITAT Deletes Addition
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has deleted the addition made by the AO as there cannot be a sale without a purchase.The bench of Saktijit Dey (Vice President) and Pradip Kumar Kedia (Accountant Member) has observed that the exclusion of purchases from the trading results is not permissible without corresponding exclusion of the sales in such trading activity for...
Once Deduction Claim Of Education Cess Is Withdrawn, Assessee Immuned From Imposition Of Section 270A Penalty: Rajasthan High Court
The Rajasthan High Court has held that once the deduction claim for education cess is withdrawn, the assessee is immune from the imposition of a penalty under Section 270A of the Income Tax Act.The bench of Justice Vijay Bishnoi and Justice Munnuri Laxman has observed that neither in the assessment order nor in the subsequent show-cause notices, the Assessing Officer specify that the case of...
Use Of Trademark Incidental To Advertisement Or Publicity Is A Business Income, Not Royalty And FTS: Delhi High Court
The Delhi High Court has held that the use of trademarks incidental to advertisement or publicity was held as neither royalty nor fees for technical services (FTS) but as business income.The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that merely because the extensive services rendered by the assessee in terms of the Strategic Oversight Services Agreements (SOSA)...
Scrutiny Notices Issued By NaFAC Addl. CIT Instead Of AO Under Central Charge Is Valid: Karnataka High Court
The Karnataka High Court upheld the validity of scrutiny notices issued by the National Faceless Assessment Centre (NaFAC) Addl. CIT instead of the Jurisdictional Assessing Officer (JAO) under central charge.The bench of Justice B. M. Shyam Prasad has observed that if the right to call in question the jurisdiction is left open to be raised at any stage, the proceedings will remain...
2023 Annual Digest Of Indirect Tax Cases: Supreme Court And High Courts
Supreme CourtState Amendments Made To VAT Acts After GST Came Into Effect Are Invalid : Supreme Court Case Title: The State of Telangana & Ors. V. M/S Tirumala Constructions., Civil Appeal No(S). 1628 Of 2023 Citation : 2023 LiveLaw (SC) 927 A Division Bench of the Supreme Court, while deciding the appeals arising from judgments of Telangana, Gujarat and Bombay High Court...
2023 Annual Digest Of Direct Tax Cases: Supreme Court And High Courts
Supreme Court U.P. Trade Tax Act | 'Tinted Glass' To Be Taxed As “Goods Or Wares Made Of Glass”, As it is Different from 'Plain Glass': Supreme Court Case Title: M/S Triveni Glass Limited v COMMISSIONER OF TRADE TAX, U.P. Case No.: 2023 LiveLaw (SC) 896 The Supreme Court has held that 'Tinted Glass Sheet' is different from 'Plain Glass sheet' and is thus liable to be...
Delay In Filing Return Bonafide: Himachal Pradesh High Court Allows Deduction To H.P. Housing & Urban Development Authority
The Himachal Pradesh High Court has allowed the deduction under Section 80IB(10) of the Income Tax Act to the H.P. Housing & Urban Development Authority as the delay in filing the return was bona fide.The bench of Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua has observed that since the entitlement of the assessee to deduction had not been questioned by the department...
Haryana Tax Dept. Launches One Time Settlement-2023 Scheme
The Haryana Government has launched the One Time Settlement-2023 Scheme to settle pre-GST tax liabilities.Addressing a long-standing request from Haryana's traders and business community to settle pending tax payments from before the implementation of GST, Chief Minister Sh. Manohar Lal today launched the One Time Settlement-2023 (OTS) Scheme through the Excise and Taxation Department. The...
Income Tax Not Leviable On Interest-Free Refundable Security Deposit For Due Completion Of Project By Developer: Andhra Pradesh High Court
The Andhra Pradesh High Court at Amaravati has held that income tax is not leviable on an interest-free refundable security deposit for the due completion of a project by the developer.The bench of Justice U.Durga Prasad Rao and Justice Venkata Jyothirmai Pratapa has observed that, as per the development agreement, the disputed amount of Rs. 50 lakhs is only an interest-free security...
Income Tax Act | Section 119(2)(B) Application Cannot Be Rejected Citing Vague & Arbitrary Reasons
In a recent ruling, the Gujarat High Court has emphasized that applications under Section 119(2)(b) of the Income Tax Act, 1961 must not be dismissed arbitrarily, especially when citing the absence of genuine hardship to the petitioner.The court stated that rejection on merits is unwarranted if the delay in filing the income tax return is not condoned.The ruling came in response to a...