Tax
CBIC Extends Deadline For Filing FORM GSTR-3B For November 2023 Until December 27, 2023
The Central Board of Indirect Taxes And Customs (CBIC) has extended the deadline for filing FORM GSTR-3B for November 2023 until December 27, 2023.As suggested by the Council under section 39(1) and rule 61(1)(i) of the Central Goods and Services Tax Rules, 2017, the extension is applicable to registered individuals having their principal place of business in certain districts of Tamil...
Limitation Period To Pass Fresh Assessment Order Expired: Delhi High Court Accepts Returned Income For 12 Years
The Delhi High Court has accepted the returned income for 12 years as the limitation period to pass a fresh assessment order has expired.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the time limit fixed as per Section 153(2)(A) of the Income Tax Act or the time limit fixed by the amended provision, i.e., Section 153(3), as of today, the AO is bereft...
Madras High Court Quashes Assessment Order Passed Without Considering Assessee's Request Of Personal Hearing Through Video Conference
The Madras High Court has quashed the assessment order passed without considering the assessee's request for a personal hearing through video conference.The bench of Justice S.Srimathy has observed that since it was a high-pitched assessment, the petitioner has sought a video conference hearing. Therefore, the non-granting of opportunity was clearly a violation of the principles of...
Karnataka High Court Directs NFAC To Refund Rs.29.30 Cr. With Interest To Myntra
The Karnataka High Court has directed the National Faceless Assessment Centre (NFAC) to refund Rs. 29.30 crore with interest under Section 244A of the Income Tax Act to Myntra Designs Pvt. Ltd.The bench of Justice B. M. Shyam Prasad has observed that if indeed a reference to the transfer pricing officer is under investigation, it would suffice for this Court to observe that if the...
Madras High Court Quashes Assessment Order Passed Without Considering Assessee's Request Of Personal Hearing Through Video Conference
The Madras High Court has quashed the assessment order passed without considering the assessee's request for a personal hearing through video conference.The bench of Justice S.Srimathy has observed that since it was a high-pitched assessment, the petitioner has sought a video conference hearing. Therefore, the non-granting of opportunity was clearly a violation of the principles of...
Reassessment Proceedings Can't Be In The Nature Of Review: Karnataka High Court
The Karnataka High Court has held that reassessment proceedings cannot be in the nature of review.The bench of Justice S. Sunil Dutt Yadav has observed that the material that has come to light in the assessment proceedings for the assessment year 2008–2009 cannot be sufficient grounds to resort to reassessment proceedings.The petitioner/assessee has challenged the notice issued under...
Action Of Customs Assistant Commissioner In Selling Gold Jewellery Belonging To Assessee Is Illegal: Bombay High Court
The Bombay High Court has held that the action on the part of the Assistant Commissioner of Customs in disposing of or selling the gold jewellery belonging to the petitioners or assessee subject matter of the proceedings was illegal and unconstitutional.The bench of Justice G. S. Kulkarni and Justice Jitendra Jain has directed the respondents or department to restore to the petitioners...
Power To Extend Time For Submitting Audit Reports U/S 142(2c) Belongs Exclusively To AO And Can't Be Exercised By CIT: Delhi High Court
The Delhi High Court has held that the power to extend the time for submitting audit reports under Section 142(2c) belongs exclusively to the AO and cannot be exercised by CIT.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the Assessing Officer alone has the jurisdiction to extend the deadline for filing audit reports under Section 142(2C); a higher...
Customs Deputy Commissioner's Order Contrary To AAR's Ruling, Bombay High Court Quashes
The Bombay High Court has quashed the customs deputy commissioner's order contrary to the ruling passed by the Authority of Advance Ruling (AAR).The bench of Justice G.S. Kulkarni and Justice Jitendra Jain has observed that the ruling passed by the AAR in the petitioner's own case is binding under Section 28 J (1) on the petitioner and the respondents/department as there is no change in...
Agreement To Provide Manpower For Maintenance Is Contract Of Service And Not A Sale Under MVAT Act: Bombay High Court
The Bombay High Court has held that an agreement to provide manpower to perform maintenance is a contract of service and not a sale contract under the MVAT Act.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that the pith and substance of the contract or true nature of the transaction show that the contract is a contract for service simpliciter and is not a...
CESTAT Allows Excise Duty Exemption On Special Purpose Bullet Proof Armoured Vehicles To Tata Motors
The Chandigarh Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has granted the excise duty exemption on special purpose bullet-proof armoured vehicles to Tata Motors.The bench of S. S. Garg (Judicial Member) and P. Anjani Kumar (Technical Member) has observed that bullet-proof armoured vehicles are special-purpose vehicles, and VRDE has certified the vehicles to...
Chhattisgarh High Court Upholds Constitutional Validity Of S. 16(4) Of CGST Act
The Chhattisgarh High Court upheld the constitutional validity of Section 16(4) of the CGST Act, which specifies the time frame in which a registered taxpayer is required to claim input tax credit.The bench of Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal has observed that Section 16(4) of the CGST Act is violative of neither Article 14 of the Constitution nor Articles 19(1)(g)...