Top Stories


Latest Statutes

Where order of assessment merged with the order of Appellate CIT in its entirety, and the CIT did not have jurisdiction to revise such order of assessment in view of clause (c) of Expln. 1 to sub-section (1) of section 263, therefore, invocation of jurisdiction under 263 was invalid.

CIT (E) v. Slum Rehabilitation Authority

  Section 263, Expln. 1, Clause (i)   Direct Taxes
The Provisional attachment order of Bank accounts of Petitioner was set aside when earlier attachment order in identical terms with date changed was set aside by the Court

Patran Steel Rolling Mill v. Asstt. CST

  Section 83 of CGST Act, 2017   GST
Merely because payment of investigation charges was made by bank on behalf of assessee did not mean that transaction was covered under section 194A read with section 2(28A) and as such, assessee was liable to deduct the tax under section 194J and since assessee failed to do so, disallowance under section 40(a)(ia) was justified.

Addl. CIT v. Hiravati Marine Products (P.) Ltd.

  Section 40(a)(ia)   Direct Taxes
Customs duty paid on equipment imported by assessee for rendering services, would not form part of gross receipts for the purposes of computing “presumptive income” of assessee under section 44BB. Also, service tax was not an amount paid or payable, or received or deemed to be received by assessee for the services rendered by it; and assessee was only collecting service tax for passing it on to the government, therefore, amount reimbursed to the assessee (service provider) by ONGC (service recipient), representing service tax paid earlier by assessee to Government of India, would not form part of aggregate amount referred to in clauses (a) and (b) of sub-section (2) of section 44BB.

DIT v. Schlumberger Asia Services Ltd.

  Section 44BB   Direct Taxes
Provision of section 19 of the Constitution Fore Hundred and first Amendmeut Act, 2016, in no manner, restrict the operation of the provisions of section 174(2) of CGST Act beyond the period of one year and an investigation, enquiry or verification (including scrutiny and audit), assessment proceedings, adjudication or other legal proceeding or recovery of arrears etc. may be instituted, continued or enforced even after one year.

Suresh Kumar Singhal v. UOI

  Section 174 of CGST Act, 2017   GST
Under clause (b) of section 244A(1) assessee was entitled to interest on refund payable on account of self-assessment tax paid being in excess of tax due, for the date of payment of self-assessment tax up to date of granting of refund by revenue authorities as per law applicable for assessment year 2010-11.

Section 244A

  Dy. CIT v. Savita Oil Technologies Ltd.   Direct Taxes
When the base price of the product per box had remained the same even after GST rate reduction, the benefit of rate reduction appears to have been passed on and there was no profiteering in contravention of section 171 of the CGST Act, 2017

Kerala State Screening Committee on Anti-Profiteering v. Rosata Vitrified (P.) Ltd.

  Section 171 of CGST Act, 2017   GST
Where delay in filing of TDS returns continued beyond 1-6-2015, AO was well within his jurisdiction to levy fees under section 234E for the period starting 1-6-2015 to the date of actual filing of the TDS return.

Uttam Chand Gangwal v. ACIT

  Section 234E   Direct Taxes
Where partnership deed provides remuneration to partner(s) equivalent with percentage of profit multipled by the allocable profit calculated as per the provisions of section 40(b)(v), the same was, as such, justified.

Luthra & Luthra Law Offices v. ACIT

  Section 40(b)(v)   Direct Taxes
Without expressing any opinion on the merits of the case, the writ petition was disposed of by directing authorities to take a decision on the representation, in accordance with law by passing a speaking order and after affording an opportunity of hearing to the petitioner within a period of one week from the date of receipt of the certified copy of the order.

Nikunj Steel v. State of Punjab & Ors.

  Section 130 of CGST Act, 2017   GST
1 2