Refund Cannot Be Denied To Any Person Who Has Borne The Incidence Of Tax: CESTAT

The Delhi Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that a refund cannot be denied to any person who has borne the incidence of tax.The bench of Justice Dilip Gupta (President) and Hemambika R. Priya (Technical Member) has observed that Rajasthan Housing Board (RHB) has also deducted the service tax payable by them by reverse charge mechanism from...

CESTAT Appeal Abates From The Date Of Approval Of The Resolution Plan By The NCLT: CESTAT

The Mumbai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that from the date of approval of the resolution plan by the National Company Law Appellate Tribunal (NCLT), the appeal filed by the applicant has abated, and CESTAT has become functus officio in the matters relating to the appeal filed by Jet Airways.The bench of S.K. Mohanty (Judicial Member) and...

CBDT Notifies Income Tax Exemption To FSSAI

The Central Board of Direct Taxes (CBDT) has notified the income tax exemption to Food Safety and Standards Authority of India (FSSAI) under clause (46) of section 10 of the Income-tax Act, 1961.The Food Safety and Standards Authority of India is an Authority established by the Ministry of Health and Family Welfare, Government of India.The CBDT has exempted various incomes of...

Delhi High Court Quashes Penalty Order Under BMA On Failure Of Dept. To Consider Assessee’s Email

The Delhi High Court has quashed the penalty order under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (BMA) for non-consideration of the assessee’s email.The bench of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju has observed that, as per the reply filed by the petitioner/assessee, his assertion was that the penalty proceedings should be...

Bombay High Court Quashes Reassessment Triggered On A Change Of Opinion As To The Calculation Of Tax Payable By The Assessee

The Bombay High Court has quashed the reassessment proceedings triggered by a change of opinion as to the calculation of tax payable by the assessee.The bench of Justice Dhiraj Singh Thakur and Justice Kamal Khata has found no substance in the AO’s reason to believe that income chargeable to tax has escaped assessment in so far as there is no mention of any tangible material that led to...

Transfer Of Goods By Power Grid Corporation To Its Contractor Does Not Involve Transfer Of Ownership, Hence No Sale: Jammu & Kashmir High Court

The Jammu & Kashmir High Court has held that sales tax is not leviable on materials purchased by Power Grid Corporation from outside the state and transferred to contractors.The bench of Justice Sanjeev Kumar and Justice Rajesh Sekhri has observed that the transaction between the assessee, Power Grid Corporation, and the contractors in which the assessee supplied the goods and...

Tax Cases Weekly Round-Up: 07 May to 13 May, 2023

Supreme Court Prickly Heat Powder Is Not A ‘Medicine’ For The Purpose Of Sales Tax In Kerala & Tamil Nadu: Supreme Court Case Title: Heinz India Limited v The State of Kerala Citation: 2023 LiveLaw (SC) 411 The Supreme Court Bench has held that prickly heat powders fall under the category of ‘medicated talcum powder’ and not ‘medicine’ for the...

CESTAT Allows Refund Claim For Services Provided To The Regional Cancer Centre

The Chandigarh Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has allowed the income tax deduction on account of octroi and additional sales tax.The Bench of S. S. Garg (Judicial Member) and P. Anjani Kumar (Technical Member) has observed that the gist of the SCNs was to deny the deduction on account of Octroi and Additional Sales Tax for the reason that the same...

There Cannot Be Any Addition Of The Regular Items Which Were Disclosed By The Assessee In The Regular Books Of Accounts: ITAT

The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) has held that there cannot be any addition of the regular items that were disclosed by the assessee in the regular books of accounts.The bench of Madhumita Roy (Judicial Member) and Waseem Ahmed (Accountant Member) has observed that the completed assessment cannot be disturbed in the absence of any incriminating material...

Any Adjustment Against Bad And Doubtful Debts Amounts To Actual Writing Off The Bad Debts: ITAT Deletes Addition

The Ahmedabad bench of the Income Tax Appellate Tribunal (ITAT) has deleted the addition and held that any adjustment for bad and doubtful debts amounts to actual writing off the bad debts.The bench of T.R. Senthil Kumar (Judicial Member) and Waseem Ahmed (Accountant Member) has observed that the assessee cannot be denied the benefit for the bad debts merely on the reasoning that such bad...

Supreme Court Upholds Withdrawal Of Customs Notification Granting Concession On Import Of Printing Machinery, On The Ground Of Indigenous Angle

The Supreme Court has upheld the withdrawal of a customs notification which granted customs duty concession to “Rotary Printing Machine” of ‘single width two plate variety’, on the ground of indigenous angle, i.e., availability of the equipment in India. The top court remarked that the same cannot be characterized as an irrelevant factor for withdrawing tax concession.Vide an...

Payment Of Compensation To CSA Under Termination Agreement Is Not Taxable Under India-South Africa DTAA, BCCI Not Liable To Deduct TDS: ITAT

The Mumbai bench of the Income Tax Appellate Tribunal (ITAT) has held that payment of compensation to Cricket South Africa (CSA) under the Termination Agreement is not taxable under the provisions of the India-South Africa DTAA.The bench of G.S. Pannu (President) and Sandeep Singh Karhail (Judicial Member) has observed that since the payment is not chargeable to tax in India in the hands of...