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...
Income Tax – Reassessment Proceedings – Revenue's appeal against ITAT's invalidation of reassessment – Original assessment completed under Section 143(3) – Reassessment notice issued under Section 148 after more than four years – Allegations based on audit report claiming non-disclosure of material facts by the respondent-assessee – ITAT found no new tan...
Taxation Law - Faceless Scheme of Assessment – Legislative Intent and Evolution – With the advent of technological advancements, the Revenue aimed to modernize the tax assessment process by reducing direct taxpayer-officer interaction to prevent undesirable practices – Budget Speech 2019 underscored these issues, advocating for the faceless scheme to enhance transparency and effi...
Income Tax Law – Section 33AC and Section 80-I Interaction – Interpretation of Income Tax Act Provisions in Shipping Industry Context – Deduction Computation Clarified – The High Court of Bombay examined whether the deduction under Section 33AC of the Income Tax Act, 1961, for a reserve created by a shipping company to acquire a new ship, should be subtracted from the profi...
Taxation Law - Goods and Services Tax – Maintainability of Writ Petition against Show Cause Notice – Limited Jurisdiction – A writ petition challenging a Show Cause Notice under Section 74 of the CGST/WBGST Act is not maintainable unless the notice is wholly without jurisdiction or ex-facie perverse. Procedural grievances, such as alleged non-consideration of replies, can be addr...
Consumer Law – Deficiency in Services and Negligence – Appeal regarding compensation for a fatal accident involving tourists organized by travel operators – District Commission awarded Rs. 50 lakhs – Appellants sought enhanced compensation – Delhi State Consumer Disputes Redressal Commission held that the District Commission failed to adequately compensate for mental ...
CENVAT Credit – Definition of Capital Goods – Whether Mobile Towers and Prefabricated Buildings (PFBs) Qualify – Bombay vs. Delhi High Court Divergence – Reconciliation by Supreme Court – The Bombay High Court held that mobile towers and PFBs are immovable property and therefore ineligible for CENVAT credit under Rule 2(a)(A) or Rule 2(k) – The Delhi High Court ...
Taxation Law - Goods and Services Tax (GST) – Refund Restrictions – Rule 96(10) of CGST Rules – Ultra Vires Declaration – Refund of IGST – Rule 96(10) of CGST Rules – Ultra Vires Section 16 of the IGST Act – The court held that Rule 96(10), which imposed restrictions on exporters claiming refunds of IGST when certain benefits from government notifications ...
Taxation Law - Luxury Tax Assessment – Transfer of Part of Property – Tax Evasion – The petitioner sought relief from luxury tax after transferring the first floor of his residential building to his wife, thereby reducing the area under his ownership below the taxable limit under Section 5A of the Kerala Building Tax Act, 1975 – Held: Such a transfer, if accepted, would cre...