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Home e-Newsletters Index Year 2022 August Day 17 - Wednesday

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TMI Tax Updates - e-Newsletter
August 17, 2022

Case Laws in this Newsletter:

GST Income Tax Customs Insolvency & Bankruptcy PMLA Service Tax Central Excise CST, VAT & Sales Tax Indian Laws



Highlights / Catch Notes

    GST

  • Period of limitation - appeal rejected on the ground of time limitation - the legislative intent was not to apply the Limitation Act in the proceedings to be taken under the CGST Act. If the intention had been otherwise, there would have been no occasion for conferring specifically power to the High Court to entertain an appeal after the expiry of the period of limitation of 180 days if it was satisfied that there was sufficient cause for not filing it within such period as Section 5 of the Limitation Act would have become applicable by virtue of Section 29(2) of the Limitation Act. Absence of the words 'but not thereafter' as appearing in the Act of 1996 is of no moment. - HC

  • Grant of statutory bail - This petition is allowed to the extent that as regards the provisions of the HGST Act, 2017, the FIR is hereby quashed; but with it made absolutely clear that as regards the offences alleged to have been committed in terms of Sections 420, 467, 468, 471, 201, 120-B of the IPC, such proceedings would continue and be taken to their logical conclusion by the investigating agency in Haryana and the competent court to which the report under Section 173 Cr.P.C. is submitted. - HC

  • Income Tax

  • Revision u/s 263 - assessee had claimed losses on account of commodities - derivatives - speculation loss or not - Transaction in question involved settlement otherwise than the actual delivery or transfer of any commodity - PCIT proceeded on a different angle which were not the materials based on which show cause notice was issued. Thus, a fundamental error has been committed by the PCIT by proceeding based upon certain alleged facts which were never brought on record at the time of issuance of the show cause notice. When the matter was carried on appeal to the tribunal, the tribunal examined the documents and found that the transaction done by the assessee was an eligible transaction in respect of trading in derivatives - HC

  • Penalty levied u/s 271D and 271E - accepting deposits by way of journal entries - assessee had accepted/paid loans in contravention of provision of section 269SS/269T - the Hon’ble Bombay High Court has specifically observed that irrespective whether the transaction was bonafide or non-bonafide, repayment of loan by debiting amount through journal entries was in the nature of contravention of section 269T. - Levy of penalty confirmed - AT

  • Correct head of income - rental income earned by the assessee - Tribunal recorded its unequivocal finding that the lease deed under consideration was composite one and that it answered the description under section 56(2)(iii) of the Act. Another objection of the Revenue that it is related party transaction has also been rejected by the Tribunal by saying that no adverse view has been taken in determination of ALP with AE by the Ld. TPO nor provisions of Section 40A(2) have ever been invoked. - decided in favour of the assessee - AT

  • Revision u/s 263 - penalty proceedings u/s 271AAB(1A) - The mandate under section 263 of the Act do not give any power to CIT to impose his satisfaction over the satisfaction of AO as to whether the penalty proceedings are toinitiated or not and if initiated under which section/clause. In our view, on examination of assessment record, the PCIT cannot direct initiation of penalty proceedings because penalty proceedings are not part of assessment proceedings. - AT

  • Addition u/s 69A/68 - The assessee has earned the commission income from Mauritius and having Non-Resident status under section 6 of the Income Tax Act. The assessee has transferred such funds to India through NRE account at Bank of Baroda, Satellite Branch. Thus the income earned by the assessee accrues or arises or is deemed to accrue or arise into India is not covered under the charging Section 5 of the Income Tax Act. What is not charged u/s. 5 of the Act cannot be taxed u/s. 68 or 69A of the Act. - AT

  • Revision u/s 263 - Excessive payment to related party or not - Payments for job work not verified by AO at "fair market value" under section 40A(2)(b) - the onus is on the revenue to record reasons why payment by the assessee is excessive/unreasonable so as to invoke provisions of section 40A(2)(b) of the Act. For the foregoing reasons, in our view, PCIT has erred in facts and law in holding that the order is erroneous and prejudicial to the interests of the revenue - AT

  • Customs

  • Levy of penalty u/s 112(b)(i) of the Customs Act 1962 - smuggling of Gold activity - reliability of statements - The appellant cannot come within the ambit of Section 112(b) because appellants had never acquired possession or in any way concerned in any of the activities mentioned in the Section or any measure dealing with any goods which the appellants knew or had reason to believe are liable to confiscation. In the absence of the department having proved the knowledge of the appellant in the activities relating to the smuggled gold, there were no grounds for imposition of penalty on him - AT

  • Indian Laws

  • Dishonor of Cheque - insufficient funds - vicarious liability of the petitioner u/s 141 of NI Act after tendering such resignation - the complainant should specifically state as to how and in what manner the accused was responsible - petitioner tendered resignation on 13th March, 2020, and the company in its meeting of Board of directors took the decision on 22nd November, 2021 yet such aspect is inconsequential - A bald cursory statement in a complaint that the Director (arrayed as an accused) is in charge of and responsible for the conduct of the business of the company without anything more as to the role of the Director is not sufficient to make him liable. - HC

  • Dishonor of Cheque - insufficient funds - while furnishing the cheque to prove the bona fide, it is clearly stated that two cheques had been honoured but three cheques were requested not to be presented till arrangement of funds. Still the Respondent was hasty in presenting the cheque not heeding to the request of the Petitioner - The facts reminds the Shakespeare's Play “Shylock”. The Complainant is that on nature which cannot be entertained by the Court. - It is a purely abuse of process of Court committed by the Respondent/Complainant. - HC

  • Validity of Sale Certificate issued in favour of the Auction Purchaser - This is a case where the Company, with its own independent identity, is contesting the proceedings. It is apparent that the Directors were also contesting the matter by filing the Section 17 application. Even the legal representatives of one of the deceased Directors were party to the application under Section 17. Further, DRAT came to the conclusion that the original order passed by the DRT has been arrived at after a detailed consideration and that there is no justifiable ground for invoking the review jurisdiction. For granting or refusing to grant an interim order, the above referred facts were more than sufficient. - The High Court was not justified in staying the operation of the order of the DRAT - SC

  • PMLA

  • Money Laundering - Provisional attachment of property - Admittedly, the original complaint and its annexures were voluminous running into almost 5000 pages and it needs time to peruse the voluminous documents served upon them and to comprehend them and to ascertain the facts in accordance with the internal records and collate the supporting documents for preparation of reply. Any inadequate reply would affect the defence of petitioners. Therefore, not granting extension of time period to reply to the impugned show-cause notice would be depriving them of their right to put forth defense against the provisional attachment order and to present evidence in support of their defense. The same was in violation of principles of natural justice violating the opportunity of providing a fair hearing. - HC

  • Service Tax

  • Refund of unutilised CENVAT Credits accumulated on account of export of services - The amendment to he Notification No. 27/2012-CE (NT) can have prospective effect and the relevant date for the purpose of deciding the time limit for consideration of refund claim under Rule, 5 of CENVAT Credit Rules, 2004 may be taken as the end of the quarter in which FIRC is received, in case where refund claims are filed on a quarterly basis. - AT

  • Extended period od limitation - No positive act of the appellant is brought to the notice by the department which may be sufficient to hold that the act amounts to committing fraud or collusion etc. Above all, as already held that appellant is a public entity acting under the mandate of statute for the infrastructural development in these areas of Haridwar and Roorkee, question of suppression of facts by such public entity otherwise does not arise. - the show cause notice raising demand for the year 2012 to 2014 cannot be issued in the year 2018. Such show cause notice is definitely barred by time. - AT

  • Central Excise

  • Job Work - liability of duty on principal supplier or job-worker - since, the job worker has carried out all the activities which as per the department amounts to manufacture, the job worker is alone to pay the excise duty, therefore, the duty demand raised against the appellant is not sustainable, hence, the same is liable to be set aside. - AT


Articles


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Case Laws:

  • GST

  • 2022 (8) TMI 632
  • 2022 (8) TMI 631
  • 2022 (8) TMI 630
  • Income Tax

  • 2022 (8) TMI 629
  • 2022 (8) TMI 628
  • 2022 (8) TMI 627
  • 2022 (8) TMI 626
  • 2022 (8) TMI 625
  • 2022 (8) TMI 624
  • 2022 (8) TMI 623
  • 2022 (8) TMI 622
  • 2022 (8) TMI 621
  • 2022 (8) TMI 620
  • 2022 (8) TMI 619
  • 2022 (8) TMI 618
  • 2022 (8) TMI 604
  • 2022 (8) TMI 603
  • 2022 (8) TMI 602
  • 2022 (8) TMI 601
  • 2022 (8) TMI 600
  • 2022 (8) TMI 599
  • 2022 (8) TMI 598
  • 2022 (8) TMI 597
  • 2022 (8) TMI 596
  • 2022 (8) TMI 595
  • Customs

  • 2022 (8) TMI 617
  • 2022 (8) TMI 616
  • Insolvency & Bankruptcy

  • 2022 (8) TMI 615
  • 2022 (8) TMI 614
  • PMLA

  • 2022 (8) TMI 613
  • 2022 (8) TMI 612
  • Service Tax

  • 2022 (8) TMI 611
  • 2022 (8) TMI 610
  • Central Excise

  • 2022 (8) TMI 609
  • CST, VAT & Sales Tax

  • 2022 (8) TMI 608
  • Indian Laws

  • 2022 (8) TMI 607
  • 2022 (8) TMI 606
  • 2022 (8) TMI 605
  • 2022 (8) TMI 594
 

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