Tax
Calcutta High Court Quashes Reassessment Notices Issued Post March 31, 2021 U/S 148 Of Income Tax Act, 1961
The Calcutta High Court on Monday allowed a batch of writ petitions seeking quashing of impugned re-assessment notices issued post March 31, 2021 by the concerned Income Tax Authority under Section 148 of the Income Tax Act, 1961. Justice Md. Nizamuddin was adjudicating upon a batch of petitions challenging the impugned notices under Section 148 of the Income Tax Act, 1961 on the ground that...
'Hopeful' That Administration Will Take Requisite Steps: Rajasthan High Court Disposes Plea Seeking Removal Of Glitches On Income Tax Portal
The Rajasthan High Court has expressed its disinclination to entertain a public interest litigation seeking direction to the Income Tax Department to remove all the defects and glitches on its official portal. The court left it on the administration to deal with the issues at its level. A division bench of Chief Justice Akil Kureshi and Justice Rekha Borana observed, "At this stage,...
COVID-Supreme Court Order Suspending Limitation Is Applicable For Refund Under GST Act – Bombay High Court
The Bombay High Court has quashed and set aside an order of the Assistant Commissioner of CGST refusing refund of GST paid by a private export company on the ground that the company's application was time barred or not filed within the limitation period prescribed under the Central Goods and Services Tax Act, 2017 (CGST) Act. A division bench of Justices RD Dhanuka and SM Modak...
Faceless Assessment Scheme Does Not Mean No Personal Hearing, Mandatory Requirement U/S 144B Of Income Tax Act: Delhi High Court
The Delhi High Court has made it clear that the Central government's recent 'faceless assessment scheme', launched with an aim to eliminate the human interface between the taxpayer and the income tax department, does not mean that the assess shall not be given a personal hearing.The division bench comprising of Justices Manmohan and Navin Chawla observed,"a quasi judicial body...
Kerala High Court Strikes Down Rules 9(4A) and 9(4C) Of Municipality Rules On Property Tax Fixation
The Kerala High Court has set aside Rules 9(4A) and 9(4C) of the Kerala Municipality (Property Tax, Service Tax and Surcharge) Rules which prescribe fixation of property tax at a minimum of 25% over and above the tax levied for the previous year, if the property tax arrived at on computation as per the Rules is less than the tax levied for the previous year.Justice N. Nagaresh pointed out...
Karnataka High Court Upholds GST & Central Excise Duty On Tobacco; Says 'Articles 246 & 246A Can Be Simultaneously Exercised'
The Karnataka High Court has upheld the notification dated July 6, 2019 issued by the Union of India by which Central Excise Duty has been levied on tobacco and tobacco products. A single Judge bench of Justice S. Sunil Dutt Yadav said, "It needs to be kept in mind that taxation is not merely a source of raising revenue but is also recognised by the fiscal tool to achieve fiscal...
Goods In Transit Can't Be Confiscated Under CSGT Act On Grounds Of Under-Valuation Or Wrong Route: Gujarat High Court
The Gujarat High Court has held that mere undervaluation of the goods or change of route of the consignment can't be sufficient grounds to detain the goods and vehicle under the Central Goods and Services Tax Act, 2017.Holding thus, the Bench of Justice Nisha M. Thakore quashed the entire confiscation proceedings including the notice issued u/s 130 of CGST Act against the Petitioner,...
Income Deduction For State Govt Undertakings - 'Exclusivity' Under S. 40(a)(iib) of Income Tax Act Not Based On Number Of Undertakings : Supreme Court
The Supreme Court has rejected the argument raised by the Kerala State Beverages Corporation that it is entitled to deduct the levies made by the state government on it from income. The Beverages Corporation's claim was on the premise that the license given to by the State Government to trade in liquor was not 'exclusive'. Section 40(a)(iib) of the Income Tax Act, which refers to charges paid...
Correct Approach Of The Madras High Court Single Bench On GST On Maintenance Charges By Residents Welfare Association
Apropos to the article "A critical approach to Madras High Court single bench decision on GST on maintenancecharges by Residents Welfare Association", what the author seems to have missed is what the Hon'ble Supreme Court has said in Govind Saran Ganga Saran Vs Commissioner of Sales Tax[1], way back in 1985 which continue to hold field even today. The first is the character of the imposition known by its nature which prescribes the taxable event attracting the levy, the second is a clear...
A Critical Approach To Madras High Court Single Bench Decision On GST On Maintenance Charges By Resident Welfare Associations
The recent judgement of the Madras High Court in Greenwood Owners Association v. Union of India WP 5518&1555 of 2020 dated 01.07 2021 quashing the order of the Authority for Advanced Ruling ("AAR") dated 21.06.2019 and holding that Goods and Service Tax ('GST') is payable on maintenance amounts charged by Residential Welfare Associations ('RWAs') in excess of Rs 7500/- seem to be changing the nature of taxation. Though many RWAs felt the single judge's order as a relief for small home...
Bombay High Court Rejects Petition Filed By Maharashtra Cabinet Minister Chhagan Bhujbal Challenging Show Cause Notice Issued By Income Tax Department
The Bombay High Court has rejected a petition filed by Maharashtra Cabinet Minister Chhagan Bhujbal challenging a show cause notice issued by the Income Tax department.In a judgment passed earlier this month, a division bench of Justices K R Shriram and A B Borkar observed that they did not see any reason to exercise their extraordinary jurisdiction under Article 226 of the Constitution of...
Taxation Relaxation Act Does Not Validate Reassessment Notices Issued Under Old Income Tax Act Regime : Delhi High Court Quashes 1.3K Notices
The Delhi High Court on Wednesday held that sec. 3(1) of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 empowers the Government or Executive to extend only the time limits and does not delegate the power to legislate on provisions to be followed for initiation of reassessment proceedings. Pursuant to the lockdown imposed in March last year amid the covid...