Tax
Mere E-Way Bill Expiry Does Not Establishes Intention To Evade Taxes: Gujarat High Court
The Gujarat High Court has held that mere e-way bill expiry does not establish an intention to evade taxes.The division bench of Justice Sonia Gokani and Justice Mauna M. Bhatt has observed that the detention was on the ground that the goods were subject to the expiration of the e-way bill number, which had expired during the transit, and this cannot be the ground for detaining and seizing...
Customs Broker Is Not Required To Obtain Any "Recommendation" From Officer That The Exporter Is "Bonafide": CESTAT
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the customs broker is not required to obtain any "recommendation" or a certificate from any officer that the exporter is "bonafide."The two-member bench headed by Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member) has observed that, as per the verification report, during...
Satin & Taffeta Rolls Used For Printing Purpose Attract 12% GST: AAR
The Karnataka Authority of Advance Ruling (AAR) has held that the products "satin rolls" and "taffeta rolls" with sizes between 19 mm and 40 mm are classifiable under tariff heading 5807 10 20 and attract 12% GST.The two-member bench of Kiran Reddy T. and M.P. Ravi Prasad has observed that taffeta rolls are made up of polyester yarn with an acrylic coating to protect from raveling or fraying...
Rejected Paddy Seeds Not Fit For Human Consumption, 5% GST Leviable: Chhattisgarh AAR
The Chhattisgarh Authority for Advance Ruling (AAR) has held that 5% GST is payable on rejected or damaged paddy seeds.The two-member bench of Sonal K. Mishra and Abhinav Aggarwal has observed that rejected paddy seed that is not fit for human consumption would merit classification under chapter heading 100610.The applicant is engaged in the business of running a rice mill, and the...
GST Tribunal Not Constituted After Lapse Of 5 Years Of Introduction Of GST: Gujarat High Court Issues Notice
The Gujarat High Court has issued a notice to the central and state government seeking to know the steps taken for constituting the GST Tribunal.The bench of Justice Sonia Gokani and Justice Mauna M. Bhatt was presiding over the petition, which involved the issue of the non-formation of the GST Tribunal, which has not been formulated though nearly five years have passed.The petitioner company...
VAT Act Do Not Provide For The Registration Of FIR: Punjab And Haryana High Court Quashes FIR For Alleged Tax Evasion
The Punjab and Haryana High Court has held that the provisions of the VAT Act do not provide for the registration of the FIR, and since the VAT Act is a code in itself, the provisions of the IPC also cannot be invoked. Therefore, an FIR could not have been registered against a person who has allegedly evaded tax.The single bench of Justice Jasjit Singh Bedi has observed that there is no...
Deduction For Telecommunication Services of ' Vodafone' Is Available For "Profits Of Eligible Business": ITAT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT), while allowing deduction to Vodafone, held that deduction for telecommunication services is available in respect of "profits of eligible businesses" and is not restricted to "profits derived from eligible businesses."The two-member bench of Vikas Awasthy (Judicial Member) and M. Balaganesh (Accountant Member) has directed the...
Ingenuine Documents Submitted By Clients For Form 15CB, CA Cannot Be Prosecuted Under PMLA: Madras High Court
The Madras High Court has held that the chartered accountant (CA) is not required to go into the genuineness or otherwise of the documents submitted by his clients."A Panel Advocate, who has no means to go into the genuinity of title deeds and who gives an opinion based on such title deeds, cannot be prosecuted along with the principal offender. Applying the same anomaly, we find that...
Additional Evidence Cannot Be Admitted Without Calling For AO's Remand Report: ITAT
The Hyderabad Bench of the Income Tax Appellate Tribunal (ITAT) has held that the additional evidence cannot be admitted without calling for a remand report or comments from the AO.The two-member bench of Laliet Kumar (Judicial Member) and R.K. Panda (Accountant Member) observed that if the CIT(A) chooses to admit any additional evidence, in that case, he/she is required to provide the...
Tax Cases Weekly Round-Up: 27 November To 3 December 2022
Supreme Court Section 45(4) Of Income Tax Act Applicable To Cases Of Subsisting Partners Of A Partnership Transferring The Assets In Favour Of A Retiring Partner: Supreme Court CASE TITLE: The Commissioner of Income Tax v. M/s. Mansukh Dyeing and Printing Mills Citation : 2022 LiveLaw (SC) 991 A Supreme Court bench comprising Justices M.R. Shah and M.M. Sundresh held that...
Revenue Earned By BBC For Distribution Of BBC News In India, Not Taxable As Royalty: ITAT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that the distribution revenue earned by the assessee- BBC World Distribution Ltd., from distribution of BBC World News Channel in India, is not in the nature of royalty and thus, it is not taxable in India in the absence of a Permanent Establishment. The bench of G.S. Pannu (President) and Saktijit Dey (Judicial...
Service Tax Not Applicable On Amount Received As Discount From Vehicle Manufacturer By The Dealer: CESTAT
The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the amount received as a discount or incentive from the vehicle manufacturer by the dealer is not liable for service tax.The two-member bench of Ramesh Nair (judicial member) and Raju (technical member) has observed that a dealer purchased the vehicles from Maruti Suzuki India Ltd....