Criminal Law – Bail – Recall of Bail Order – Distinction Between Recall and Cancellation – Petition under Section 482 CrPC filed by CGST Department seeking recall of bail granted by learned CMM – Held: Challenge to grant of bail on merits stands on a different footing from cancellation of bail based on supervening circumstances – Bail order can be interfered wit...
Taxation Law - GST – Scope of Supply – Assignment of Leasehold Rights – Immovable Property – Not Taxable – Show cause notice issued under Section 74(1) CGST Act alleging non-payment of GST on assignment of leasehold rights in MIDC industrial plot – Revenue alleged transaction amounted to supply of services under Section 7 read with Schedule II – Held: Assi...
Taxation Law - Income Tax – Penalty – Immunity under Section 270AA – Mandatory Nature – Assessee applied for immunity from penalty under Section 270AA after issuance of notice under Section 270A – Rectification under Section 154 allowed subsequently resulting in nil tax demand – Held: Section 270AA(3) is couched in mandatory terms – Once statutory conditio...
Income Tax – Amalgamation – Shares held as Stock-in-Trade vs Capital Asset – Taxability under Section 28 – Assessees, promoter investment companies, received shares of amalgamated company in lieu of shares of amalgamating company under a court-sanctioned scheme – Assessing Officer treated shares as stock-in-trade and taxed notional gains as business income – Tri...
Customs Law – Classification – Aluminium Shelving – CTI 76109010 vs. CTI 84369900 – Appeal Allowed – The Supreme Court held that aluminium shelving imported for mushroom cultivation is classifiable as 'Aluminium Structures' under CTI 76109010, not as 'Parts of Agricultural Machinery' under CTI 84369900 – The CESTAT's classification under CTI ...
Taxation – Customs Duty – SEZ to DTA Electricity – Levy Held Unconstitutional – Refund Allowed – Customs duty imposed on clearance of electricity from SEZ to DTA by Adani Power Ltd. was earlier struck down in 2015 by Gujarat High Court for lack of a charging event under Section 12 of the Customs Act, misuse of exemption power under Section 25, and violation of constit...
Income Tax – Bogus Purchases – Reopening of Assessment – Information from Sales Tax Department – AO reopened assessment based solely on list of alleged hawala dealers and added entire ₹2,05,74,750 as bogus purchases – Assessee produced purchase bills, VAT auditor’s certificate, ledger, and bank payment proof – CIT(A) restricted addition to 15% of reduced...
Taxation Law - Income-tax – Reassessment – Assessment Year 2015–2016 – Notices issued under Section 148 after 01.04.2021 invoking TOLA – Validity – Petitioner challenged notice issued under Section 148 pursuant to reassessment proceedings initiated after introduction of Section 148A – Assessing Officer relied on extension of limitation under TOLA and judgm...
Goods and Services Tax – Appeal – Condonation of Delay – Petitioner filed appeal under Section 107 of the CGST Act with a delay of six days beyond the statutory limit of 120 days – Appellate Authority rightly held it lacked jurisdiction to condone delay beyond prescribed period – High Court upheld finding that even discretionary extension is limited to 30 days beyond ...
Taxation Law - GST – Export of Services – Clinical Trials / Pharma R&D Services – Place of Supply – Services rendered by Indian pharma company to foreign recipients – Recipient located outside India – Held: Clinical trial and R&D services qualify as “export of services” under IGST Act when recipient is situated in non-taxable territory [Paras...