Tax Cases Monthly Round-Up: June 2023
Mariya Paliwala
3 July 2023 9:15 AM GMT
Indirect TaxesDelhi High CourtShow Cause Notice Lacks Reasons In Detail For Denial Of Refund Of ITC To Mcdonald’s India: Delhi High CourtCase Title: M/S Mcdonalds India Pvt. Ltd. Versus Additional CommissionerCitation: 2023 LiveLaw (Del) 479The Delhi High Court has held that the show cause notice lacks reasons in detail for the denial of refund of Input Tax Credit (ITC) to...
Delhi High Court
Show Cause Notice Lacks Reasons In Detail For Denial Of Refund Of ITC To Mcdonald’s India: Delhi High Court
Case Title: M/S Mcdonalds India Pvt. Ltd. Versus Additional Commissioner
Citation: 2023 LiveLaw (Del) 479
The Delhi High Court has held that the show cause notice lacks reasons in detail for the denial of refund of Input Tax Credit (ITC) to Mcdonald's India.
Delhi High Court Quashes SCN For Being Devoid Of Reasons, Restores GST Registration
Case Title: Rishiraj Aluminium Private Limited Versus Goods And Service Tax Officer
The Delhi High Court has quashed the show cause notice as it was devoid of reasons and restored the GST registration.
Case Title: Ohmi Industries Asia Private Limited Versus Assistant Commissioner
The Delhi High Court has held that Rule 89(4) of the Central Goods and Services Tax Rules, 2017 is inapplicable to cases of refund of integrated tax paid on zero-rated supply.
Bombay High Court
Bombay High Court Upholds The Validity of Provisions Dealing With Place Of Supply Under IGST
Case Title: Dharmendra M. Jani Versus Union of India
The Bombay High Court has upheld the validity of Section 13(8)(b) and Section 8(2), which deal with place of supply under the Integrated Goods and Service Tax Act, 2017 (IGST Act).
Case Title: Dattaram Govind Naik Versus State Of Goa
The Bombay High Court, Goa Bench has held that when the legal heirs of the deceased license holder applied for cancellation, the excise commissioner was duty-bound to cancel it.
Karnataka High Court
Case Title: B S Kumar Swamy Versus State Of Karnataka
The Karnataka High Court has issued directions determining the tax difference calculation for pre-GST works contracts.
Case Title: M/s. GE T & D India Ltd. Versus State Of Karnataka
The Karnataka High Court has quashed the recovery from the banker and directed the department to reconsider the application under the Karasamadhana Scheme.
Kerala High Court
Case Title: Penuel Nexus Pvt. Ltd. Versus The Additional Commissioner Headquarters (Appeals)
Citation: 2023 LiveLaw (Ker) 280
The Kerala High Court has held that Section 107 of the CGST Act is an inbuilt mechanism and has impliedly excluded the application of the Limitation Act.
Andhra Pradesh High Court
Case Title: Valluru Pavan Chand Versus State of AP
The Andhra Pradesh High Court has held that life tax is to be collected from the vehicle owner upon sale based on the net invoice price of the vehicle and not the ex-showroom price of the vehicle.
Case Title: Tarachand Logistics Solutions Limited Versus State of Andhra Pradesh
The Andhra Pradesh High Court has held that the motor vehicles exclusively used for the petitioner's contract inside the Central Deposit Yard of Rashtriya Ispat Nigam Limited (RINL) are not liable for taxation and are entitled to exemption.
Allahabad High Court
Case title - Pankaj Khare vs. Union Of India Thru. Secy. Deptt. Of Custom And Cgst, Ministry Of Finance, New Delhi And Others 2023 LiveLaw (AB) 187 [WRIT TAX No. - 148 of 2023]
Case Citation: 2023 LiveLaw (AB) 187
The Allahabad High Court has ordered the Commissioner, GST to issue clear direction to the GST Commissionerate in Lucknow that no notices regarding payment of service tax /GST are issued to the lawyers rendering legal service falling in the negative list so far as service tax is concerned.
Gujarat High Court
Case Title: Sona Metals Versus State Of Gujarat
The Gujarat High Court has quashed an order cancelling the Goods and Services Tax (GST) registration of Sona Metals, citing a lack of detailed reasons for the cancellation.
GST Payable Only On The Cost of Construction and Not On The Cost Of Land: Gujarat High Court
Case Title: Munjaal Manishbhai Bhatt Versus Union Of India
The Gujarat High Court, while giving major relief to the buyers, has held that GST is payable only on the cost of construction and not on the cost of land.
Case Title: RHC Global Exports Private Limited Versus Union Of India
The Gujarat High Court has held that the state GST department can initiate proceedings against the unit situated in the Special Economic Zone (SEZ).
Madhya Pradesh High Court
Case Title: M/S Kia Motors India Private Ltd. Versus The State Of Madhya Pradesh
The Madhya Pradesh High Court has held that in the absence of information given, the entry of a demo car into the state of Madhya Pradesh renders it exigible to GST.
Rajasthan High Court
Case Title: M/s Devyani International Limited Versus The Additional Commissioner
The Jaipur Bench of the Rajasthan High Court has held that the sale of ‘pizza’ and ‘sandwich’ would qualify as the sale of ‘cooked food’ and the sale shall be eligible for the exemption of payment of Value Added Tax (VAT) in excess of 5%.
Case Title: M/s Compuage Infocom Limited Versus The Assistant Commissioner
The Jaipur Bench of the Rajasthan High Court has held that the burden to prove that a specific product falls within a particular tariff is always on the revenue, more so when the revenue is trying to classify products in the residual entry as against the specific entry.
Case Title: Commercial Taxes Officer Versus Chokhi Dhani Resorts Pvt. Ltd.
The Rajasthan High Court, Jaipur Bench, has held that Value Added Tax (VAT) is leviable on the entire ‘entry-coupon’ amount charged by Chokhi Dhani Resort, which is adjustable against food.
Tripura High Court
Case Title: M/S SR Constructions Vrs. The Union of India & Ors.
The Tripura High Court has held that in providing taxable work contract services for the said construction of a hotel building, the assessee is entitled to take an input tax credit on the goods and services being utilized for providing the taxable work contract services.
J&K And Ladakh High Court
GST Budgetary Support Scheme Can’t Be Interpreted Liberally: J&K And Ladakh High Court
Case Title: M/s Best Crop Science Industrial Area Versus Union of India
Citation: 2023 LiveLaw (152)
The Jammu & Kashmir and Ladakh High Courts have held that the GST Budgetary Support Scheme cannot be interpreted liberally.
Calcutta High Court
Case Title: M/s. Gargo Traders Versus The Joint Commissioner, Commercial Taxes
The Calcutta High Court, while noting that at the time of the transaction, the name of the supplier as a registered taxable person was already available with the government record, and the buyer/petitioner had paid the amount of the purchased articles as well as tax through the bank and not in cash, remanded the matter back to the department.
Punjab And Haryana High Court
Case Title: M/s Samyak Metals Pvt. Ltd. Versus Union of India and others
The Punjab and Haryana High Court has directed the GST Department to return illegally recovered GST without issuing a Show Cause Notice, along with 6% interest.
Case Title: Probo Media Technologies Versus Union of India
The Punjab and Haryana High Court impeded coercive actions against the online opinion betting app, Probo Media Technologies, in respect of the GST Notice demanding Rs. 1500 crore.
Orissa High Court
GST Tribunal Not Constituted: Orissa High Court Condones Delay And Stays GST Demand
Case Title: M/s. Laxman Barik Versus Joint Commissioner of State Tax (Appeals)
The Orissa High Court stayed the Goods and Service Tax (GST) demand subject to deposit of tax as the GST Tribunal is not constituted.
CESTAT
Excess Service Tax Paid Can Be Adjusted Towards Service Tax Liability For The Succeeding Month Or Quarter: CESTAT
Case Title: M/s B.L. Kashyap & Sons Ltd. Versus Commissioner of Service Tax
The Delhi Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that excess service tax paid can be adjusted towards service tax liability for the succeeding month or quarter.
Profit Made On Transportation Charges Need Not Be Included In The Assessable Value, No Excise Duty Payable: CESTAT
Case Title: M/s. Concrete Products and Construction Co. Versus Commissioner of GST & Central Excise
The Chennai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT)has held that profit made on transportation charges need not be included in the assessable value and the excise duty is not leviable.
Accumulated Cenvat Credit Lying Unutilized Does Not Carry Any Interest: CESTAT
Case Title: M/s. Ad2Pro Global Creative Solutions Pvt. Ltd. Versus The Commissioner of Service Tax
The Chennai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that accumulated CENVAT credit lying unutilized does not carry any interest.
Manufacturing Without Proper Manufacturing Facilities: CESTAT Upholds Excise Duty Demand, Penalty
Case Title: Orkay Gears Versus C.C.E.-Ahmedabad-i
The Ahmedabad Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that manufacture and clearances made by the four units availing the benefit of Notification No. 8/2003-CE have to be clubbed together as these units are one and the same. Their operations are under common management/family members and financial control, and they have mutual financial interests with each other.
Case Title: Rajashree Polyfil Versus Commissioner of Central Excise & ST
The Ahmedabad Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has observed that certificates issued by qualified professionals like cost accountants, chartered accountants, and chartered engineers should not be brushed aside merely with the statement that corroborative evidence was not produced.
Case Title: M/s. Arcelor Mittal Stainless (I) P. Ltd. Versus Commissioner Service Tax
The Mumbai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the services rendered by Indian commission agents to foreign principals will qualify as "export of service.
Case Title: Guardian Landmarks LLP Versus Commissioner of Central Excise & Service Tax
The Mumbai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has allowed service tax refunds on advance amounts returned to the buyer upon cancellation of the flat booking.
Case Title: Coal Mines Provident Fund Organization Versus Commissioner of Central Excise & Service Tax, Dhanbad
The Kolkata Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that service tax is not payable on administrative charges received from coal mine companies by the Coal Mines Provident Fund Organisation.
Service Tax Not Payable On Fixed Facility Charges For Providing Liquid Gas Storage Tanks: CESTAT
Case Title: M/s.Inox Air Products Ltd. Versus The Commissioner of GST & Central Excise
The Chennai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that service tax is not payable on fixed facility charges (FFC) for providing liquid nitrogen gas storage tanks.
AAAR
Movement Of Goods Between Branches In Different States Taxable Under 'Lease Rental Service': AAAR
Appellant’s Name: CHEP India Private Limited
The Maharashtra Appellate Authority of Advance Ruling (AAAR) has ruled that the movement of goods between branches in different states is taxable under 'lease rental service'.
18% GST Payable On Target-Based Incentive Received By Intel Reseller: AAAR
Appellant’s Name: M/s MEK Peripherals India Private Limited Versus
The Maharashtra Appellate Authority of Advance Ruling (AAAR), while upholding the Order of the AAR, ruled that 18% GST is payable on target-based incentives received by Intel resellers.
PPF Funds Management Service Prior To 10.9.2004 Not Liable To Pay Service Tax: CESTAT
Case Title: M/s State Bank of India, Mumbai Versus Commissioner of Service Tax
The Mumbai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that service tax is payable on the operation of PPF accounts after September 10, 2004.
Salary Is Out Of The Purview Of Service Tax: CESTAT Quashes Service Tax Demand Against Kellogg
Case Title: M/s. Kellogg India Pvt. Ltd. Versus Commissioner of CGST & CE, Belapur
The Mumbai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has quashed the service tax demand against Kellogg India and held that salary is out of the purview of service tax.
Charging Higher Fees By Charitable Institution Will Not Make It Commercial; CESTAT Allows Refund To Adani Institute Of Medical Sciences
Case Title: Gujarat Adani Institute Of Medical Sciences Versus C.C.E. & S.T.-Rajkot
The Ahmedabad Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has allowed the refund to Gujarat Adani Institute Of Medical Sciences and held that merely by charging a higher fee, an institution cannot be treated as a commercial institute.
AAR
GST Payable On Monthly Rental, Night Charges, Fuel On Mileage Basis In Availing Motor Vehicle Rental Services: AAR
Applicant’s Name: Uttarakhand Civil Aviation Development Authority
The Uttarakhand Authority of Advance Ruling (AAR) has held that GST is payable on monthly rental, night charges, and fuel on a mileage basis when availing motor vehicle rental services.
Applicant’s Name: M/S Sanjeevani Psychiatric Clinic
The Rajasthan Authority of Advance Ruling (AAR) has held that Goods and Service Tax (GST) is payable on substance use disorder as it is outside the ambit of health care services.
‘Duty Credit Scrips’ To Be Excluded From The Value Of Exempt Supply To Compute ITC Reversal: AAR
Applicant’s Name: M/s. Kaveri Exports, TSAAR Order No.12/2023
The Telangana Authority of Advance Ruling (AAR) has ruled that "duty credit scrips" shall be excluded from the value of exempt supply.
Full Credit Available On GST Charge In The Tax Invoice Issued By The Supplier: AAR
Applicant’s Name: M/s. Vedmutha Electricals India Private Limited
The Andhra Pradesh Authority of Advance Ruling (AAR) has ruled that full credit of the GST charge is included in the tax invoice issued by the supplier even if later commercial or financial credit notes are issued.
Delhi High Court
Delhi High Court Directs Dept. To Reconsider Travelport UK’s Refund Adjustment
Case Title: Travelport International Operations Limited United Kingdom Versus Commissioner Of Income Tax International Taxation 3 N.Delhi & Ors.
Citation: 2023 LiveLaw (Del) 506
The Delhi High Court has directed the department to reconsider Travelport UK’s refund adjustment on the basis of the contents of the writ petition.
Case Title: VODAFONE MAURITIUS LIMITED Versus ACIT
The Delhi High Court has directed the AO to provide information to Vodafone Mauritius to determine the validity of the Tax Residency Certificate (TRC).
AO Can Make Reference To TPO Only After Selecting Case For Scrutiny Assessment: Bombay High Court
Case Title: Pr. Commissioner of Income Tax Versus Kimberly Clark Lever Private Limited
The Bombay High Court has held that the Assessing Officer (AO) can make reference to the Transfer Pricing Officer (TPO) under Section 92CA of the Income Tax Act only after selecting the case for scrutiny assessment.
Capital Gain To Be Taxed In Singapore: Bombay High Court Allows Capital Gains Exemption To FII
Case Title: CIT Versus M/s Citicorp Investment Bank
The Bombay High Court has granted the capital gains exemption to Foreign Institutional Investors (FII).
CBDT Circular Allowing Benefit Only To Cases Where Appeals Are ‘Dismissed In Limine’ Is Arbitrary: Bombay High Court
Case Title: Oerlikon Balzers Coating India Versus Union of India
The Bombay High Court has quashed FAQ 61 of the circular 21/2020 dated December 4, 2020, issued by the CBDT to the extent that it restricts appeals to those dismissed in limine’ on the ground that it was not only adverse to the interest of the assessee but also contrary to the object and reasons of the Direct Tax Vivad Se Viswas Act, 2020 (DTVSV-A).
Assessment Order Cannot Be Directed Against Only One Of The Legal Heirs Of Deceased Assessee: Delhi High Court Sets Aside Rs. 10 Crores Demand
Case Title: Darpan Kohli Versus Assistant Commissioner Of Income Tax
The Delhi High Court held that an assessment order cannot be directed against only one of the legal heirs of a deceased assessee.
AO Unclear whether The Notice Is Issued To An Individual Or A Corporate Entity: Delhi High Court Quashes Reassessment Notice
Case Title: Home Credit India B.V. Versus ACIT
The Delhi High Court has quashed the reassessment notice for non-application of mind by the department.
Bombay High Court
AO Can Make Reference To TPO Only After Selecting Case For Scrutiny Assessment: Bombay High Court
Case Title: Pr. Commissioner of Income Tax Versus Kimberly Clark Lever Private Limited
The Bombay High Court has held that the Assessing Officer (AO) can make reference to the Transfer Pricing Officer (TPO) under Section 92CA of the Income Tax Act only after selecting the case for scrutiny assessment.
Capital Gain To Be Taxed In Singapore: Bombay High Court Allows Capital Gains Exemption To FII
Case Title: CIT Versus M/s Citicorp Investment Bank
The Bombay High Court has granted the capital gains exemption to Foreign Institutional Investors (FII).
CBDT Circular Allowing Benefit Only To Cases Where Appeals Are ‘Dismissed In Limine’ Is Arbitrary: Bombay High Court
Case Title: Oerlikon Balzers Coating India Versus Union of India
The Bombay High Court has quashed FAQ 61 of the circular 21/2020 dated December 4, 2020, issued by the CBDT to the extent that it restricts appeals to those dismissed in limine’ on the ground that it was not only adverse to the interest of the assessee but also contrary to the object and reasons of the Direct Tax Vivad Se Viswas Act, 2020 (DTVSV-A).
Case Title: Citibank N.A. Versus S.K. Ojha
The Bombay High Court has held that there is no jurisdiction for an assessing officer to reopen an assessment if a dispute is settled under the Kar Vivad Samadhan Scheme (KVSS).
Bombay High Court Allows BOCW Cess Refund On Supply Portion Of Contract
Case Title: GE T and D India Ltd Versus Union of India & Ors
The Bombay High Court has allowed the Building and Other Construction Workers Welfare (BOCW) Cess refund on the supply portion of the contract.
Director Proves Lack Of Control On Financial Affairs: Bombay High Court Quashes Income Tax Recovery
Case Title: Prakash B. Kamat Versus Principal Commissioner of Income-tax
The Bombay High Court has quashed the income tax recovery against the Director of a company on the grounds that the Director has sufficiently discharged the burden cast upon him in terms of Section 179(1) of the Income Tax Act.
Karnataka High Court
Case Title: Coffee Day Resorts (Msm) Pvt. Ltd. Versus The Deputy Commissioner Of Income-Tax
The Karnataka High Court has held that a notice and assessment order passed in the name of a non-existing company is substantively illegal and is an order passed without jurisdiction.
Karnataka High Court Allows Tax Exemption On Voluntary Donation Received By Educational Institution
Case Title: Pr Commissioner Of Income-1 Tax (Exemptions) Versus M/S Rashtreeya Sikshana Samithi Trust
The Karnataka High Court has allowed a tax exemption on voluntary donations received by educational institutions.
Kerala High Court
Case Title: K.R Santhosh Versus Revenue Divisional Officer
Citation: 2023 LiveLaw (Ker) 268
The Kerala High Court has held that as the nature of the land of the petitioner has been permitted to be changed pursuant to the passing of a statutory order under the Kerala Land Utilisation Order, 1967, the competent authority is bound to re-assess the rate of basic tax and to make necessary entries in the Basic Tax Register after verifying the veracity and genuineness of the permission obtained.
Gujarat High Court
Difficult To Submit Complete Reply To The SCN In Less Than 12 Hours: Gujarat High Court Quashes Assessment Order
Case Title: Dineshkumar Chhaganbhai Nandani Versus Income Tax Officer
The Gujarat High Court quashed an assessment order made by the income tax authorities without granting the petitioner an opportunity to be heard. The court found that the show cause notice cum draft assessment order was issued with an extremely short deadline, leaving the petitioner less than 12 hours to respond.
Sales-Tax Exemption Certificate Has Overriding Effect Over VAT Notification: Karnataka High Court
Case Title: State of Karnataka Versus Aishwarya Fort
The Karnataka High Court has held that the sales tax exemption certificate is valid for 7 years and could not have been rescinded before the period of eligibility expired as it is a sovereign assurance.
Calcutta High Court
Case Title: Commissioner Of Income Tax TDS, Versus ABP Private Limited
The Calcutta High Court has held that TDS is not deductible on trade discounts allowed by newspaper companies to Indian Newspaper Society (INS) accredited advertising agents.
Gauhati High Court
Case Title: Dr. Chyawan Prakash Meena v. Raja Ghosh, IRS & 4 Ors.
The Gauhati High Court on Monday issued notice to the Income Tax Officials in a contempt petition filed by a DIG of Border Security Force alleging non-compliance of the court order directing the IT authorities to refund the tax deductions made from the officer's salary.
Jammu & Kashmir And Ladakh High Court
Jammu & Kashmir And Ladakh High Court Dismisses Writ Petition Challenging SCN Regarding Export Of Banned Yarn Shawls
Case Title: M/s Ali Shah through Arif Ahmad Shah Versus Union of India and others
Citation: 2023 LiveLaw (JKL) 166
The Jammu & Kashmir And Ladakh High Court has dismissed a writ petition challenging a show cause notice regarding the export of banned yarn shawls.
ITAT
Bogus Long-Term Capital Gains From Transaction In Penny Stocks: ITAT Upholds Addition
Case Title: Hemil Subhashbhai Shah Versus DCIT
The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) has upheld the addition of bogus long-term capital gains from transactions in penny stocks.
Gift From Family Members Do Not Require Any Special Occasion: ITAT Deletes Addition
Case Title: Shri Hemant Pandya Versus ITO
The Indore Bench of the Income Tax Appellate Tribunal (ITAT) has deleted that addition and held that gifts from family members do not require any special occasion.
Case Title: ICRW Group Gratuity Trust Versus ICLEI South Asia Group Gratuity Trust
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that any trust that has been created for the purpose of managing the statutory obligations of employees of the parent trust would certainly fall within the ambit of advancement of general public utility and, hence, be considered a charitable activity as defined under Section 2(15) of the Income Tax Act.
Case Title: ACIT Versus Ashish Bansal
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that the Assessing Officer cannot sit on the armchair of a businessman assessee to replace his business strategy with his own whims and fancies.
Income Derived From Sale Of Agricultural Land Is Not A Capital Asset: ITAT
Case Title: ACIT Versus Kamlesh Kumar Rathi
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that income derived from the sale of agricultural land is not a capital asset.
Deemed Dividend Cannot Be Taxed In The Hands Of Non-Shareholders: ITAT
Case Title: DCIT Versus Aaryavart Infrastructure P. Ltd.
The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) has held that deemed dividends cannot be taxed in the hands of non-shareholders.
Provisions Of Section 44BB Not Applicable In Absence Of PE: ITAT
Case Title: Baker Hughes Energy Technologies UK Ltd. Versus ACIT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that the provisions of Section 44BB of the Income Tax Act are not applicable in the absence of a permanent establishment (PE).
Benefits Of India- Mauritius DTAA Available To Collective Investment Vehicles: ITAT
Case Title: Sapein Funds Ltd. Versus CIT(International Taxation)
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that the benefits of the Double Taxation Avoidance Agreement (DTAA) are available to collective investment vehicles.
200% Penalty Can’t Be Levied Unless Dept. Specifies Misreporting: ITAT
Case Title: Saltwater Studio LLP Versus NFAC
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that a 200% penalty can’t be levied unless the department specifies misreporting.
Interest Income Received On Temporary FDs Is Eligible For Exemption: ITAT
Case Title: Allstate India Private Limited Versus Deputy Commissioner of Income-tax
The Banglore Bench of the Income Tax Appellate Tribunal (ITAT) has held that interest income received on temporarily fixed deposits is eligible for exemption.
Case Title: Zainul Abedin Ghaswala Versus CIT(A), NFAC
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has allowed the deduction under Section 54F of the Income Tax Act on the grounds that the assessee is not the exclusive owner of multiple residential properties occupied by other family members.
Case Title: Dy. Commissioner of Income-tax Central Circle 1(4) Versus M/s Grasim Industries Ltd.
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that income tax is not payable on the interest subsidy received under the technology upgradation fund scheme.
Expenses For Community Development, Environment Health & Safety : ITAT Allows CSR Expenditure
Case Title: Dy. Commissioner of Income Tax Versus M/s. GMR Warora Energy Ltd.
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that once the expenditure has been accepted to be for community development and environmental health and safety expenses, the same cannot be held to have not been incurred wholly and exclusively for the purpose of business in the year under consideration.
Income From The Sale Of RECs Is Capital In Nature, Is Not Subject To Taxation: ITAT
Case Title: M/s Satia Industries Ltd. Versus NFAC
The Amritsar Bench of the Income Tax Appellate Tribunal (ITAT) has held that the income from the sale of Renewable Energy Certificates (RECs) is classified as capital in nature and is not subject to taxation.
