Taxation – Electricity Duty – Exemption – Withdrawal – Section 5A of Bombay Electricity Duty Act, 1958 – Captive Power Generators – State Government granted exemption from electricity duty to industries generating power through captive plants by notifications from 1994, which was modified and substantially withdrawn by notifications dated 01.04.2000 and 04.04.20...
GST Assessment – Natural Justice – Supply of Documents – Tagging with Connected Criminal Writ Petition – Petitioner challenged assessment order passed under Section 74 of the TGST Act alleging non-supply of documents seized during inspection – High Court rejected the writ petition, noting that the petitioner was provided 2,434 photocopies of seized documents, soft cop...
Income Tax – Section 131(1A) – Summons for Investigation – Challenge on Ground of Malafide – Not Established – Petitioner challenged summons issued by the Income Tax Officer (Investigation) on 14.11.2025 requiring production of books of account, bank statements and property details, alleging it was issued at the instance of the Principal Chief Commissioner of Income T...
Income Tax – Capital Gains – Assignment of Self-Generated Trademarks – Assessee transferred 22 veterinary trademarks along with goodwill of goods relating to veterinary business to a joint venture company for ₹29.10 crores – Revenue contended receipt taxable either as business income under Sections 28(iv) / 41(1) or as capital gains – Tribunal held amount not taxabl...
GST – Input Service Distributor (ISD) – Distribution of ITC – Rule 39(1)(a) CGST Rules – Requirement to distribute credit in same month – Challenge to validity – Petitioner contended that distribution in same month of invoice is impossible and arbitrary – Held: Rule 39(1)(a) is valid but must be interpreted harmoniously with Section 16 – “Input...
Taxation – MVAT – Settlement of arrears under Amnesty Scheme – Adjustment of refund – Petitioner entitled to refund of ₹33,29,000 for tax period 2007–08 – Department adjusted said refund against alleged dues for tax period 2008–09 while issuing settlement order – Petitioner had already applied for settlement and paid requisite amount under the Maha...
Income Tax – Section 197 – Certificate for Lower Deduction – Applicable for Entire Assessment Year, Not Merely Prospective – NHAI obtained a certificate under Section 197(1) on 30.06.2008 for AY 2008-09 authorising deduction at 1% – Assessing Officer held that since payments of Rs.19,61,36,514/- were made between 10.04.2008 to 24.06.2008 before the certificate was iss...
Taxation – Classification of Goods – Fruit Drink vs Residuary Entry – “Sharbat Rooh Afza” containing 10% fruit juice and herbal distillates – Assessee classified under Entry 103 Schedule II Part A (4%) – Revenue classified under Schedule V residuary entry (12.5%) – Held: Product classifiable as “fruit drink / processed fruit product” unde...
Customs – Duty Drawback – SEZ Unit – Reversal of ITC – Consequential Order – Earlier Order-in-Appeal dated 30.09.2023 allowed drawback @15.61% subject to reversal/adjustment of ITC – Department accepted said order and did not prefer further appeal – Assistant Commissioner passed Order-in-Original dated 24.01.2024 granting drawback after adjusting ITC and i...
Income Tax – Survey under Section 133A – Voluntary Disclosure – Additional Income of Rs.1,14,20,100/- offered by letter dated 29.09.2016 pursuant to survey dated 27.09.2016 – Income declared in return filed on 20.11.2017 and tax paid – No retraction of disclosure nor revision under Section 139(5) – For first time before Tribunal, assessee contended income was no...