Taxation Law - Recovery of Interest and Penalty – Section 11A of the Excise Act – Applicability of Natural Justice – Petitioner challenged the freezing of its bank account and demand for interest and penalty on delayed payment of excise duty, claiming that no show cause notice or opportunity to explain the delay was provided – Held: Under Sections 11AA and 11AC of the Excis...
Taxation Law - GST – Liability of Government Entity – Flawed Adjudication – Order Quashed – Petitioner challenged GST liability of ₹99,05,74,260/- and penalties imposed by the adjudicating authority under the CGST/SGST Acts – Court noted contradictions in the adjudication order, including conflicting findings on the ownership of goods – Held: Adjudication orde...
Income Tax – Cooperative Society – Retrospective Amendment – Waiver of Interest – Section 234-B and 234-C of Income Tax Act – The petitioner, a cooperative society, contested interest levied due to a retrospective amendment in Section 80(P)(2)(a)(iii) denying tax exemption for agricultural product marketing societies – Citing prior judicial precedent supporting ...
Income Tax – Assessment Order – Writ Petition challenging assessment order issued without proper notice to petitioner – Address discrepancy noted; notices returned undelivered – Petitioner claimed lack of opportunity to contest assessment due to incorrect address – Court found fault with petitioner for not updating address with Income Tax Department but recognized the...
Property Tax – Arrears and Interest – Demand Notice: Appeal against the modification of a notice demanding arrear property tax and current dues with surcharge and interest – Appellant contended no bills were raised for the arrear period, and sought to pay arrears in installments – Municipality asserted the bills were duly raised and interest cannot be waived – Single ...
Taxation Law - Central Excise Tariff – Classification of Coconut Oil – Edible Oil vs. Hair Oil - Pure coconut oil marketed in small quantities – Dispute on classification under Heading 1513 (Edible Oil) in Section III-Chapter 15 or Heading 3305 (Hair Oil) in Section VI-Chapter 33 of the First Schedule to the Central Excise Tariff Act, 1985 – Held: Classification depends on ...
Income Tax – Characterization of Receipts – Settlement Agreement – Rs. 32.42 crores received by ITC from ELEL under a settlement agreement related to disputes over a hotel operating license agreement – Issue of whether the sum is capital or revenue receipt – ITAT held it as a long-term capital gain – High Court reversed, determining it as a revenue receipt, taxa...
Reassessment Action – Validity – Search Case – Petitioner Challenged Notice for AY 2013-14 Issued Post Search – Court Examined Timeframes Under Section 149(1) and 153C – First Proviso to Section 149(1) Requires Consideration of Pre-2021 Timelines – Reassessment Notice Held Beyond Limitation Period [Paras 1-13].
Block Period Computation – Section 153C &n...
Income Tax – Charitable Purpose – Educational Activities – Assessee, NIIT Foundation, a society registered under the Societies Registration Act and granted registration under Section 12A of the Income Tax Act, engaged in educational and skill development activities for underprivileged youth – Revenue challenged tax-exempt status, claiming activities were commercial – ...
Taxation Law – Refund and Interest – Petitioner, a registered dealer under DVAT and CST Acts, sought refund of excess tax paid for the fourth quarter of AY 2016-17 and the first quarter of AY 2017-18 – Petitioner provided ‘C’ forms for concessional rate of interest – Refund claims not processed timely; petitioner moved writ petitions – Respondents eventual...