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...
Taxation Law - Customs – Scope of Appellate Tribunal Jurisdiction – Redemption Order – Tribunal, in an appeal filed by the assessee challenging confiscation and penalty, ordered absolute confiscation of goods despite adjudicating authority having permitted redemption on fine – Held: Tribunal exceeded its jurisdiction since the Department did not challenge the redemption dir...
Arbitration Law – Section 37 Appeal – Scope of Appellate Interference – Appeal against order setting aside arbitral award under Section 34 A&C Act – Appellate Court’s jurisdiction confined to examining whether Section 34 Court acted within its limited mandate – No reappreciation of evidence permissible – Interference justified only if arbitral award su...
Foreign Contribution (Regulation) Act, 2010 – Compounding of Offence – Section 41 FCRA – Effect of Compounding – The petitioner received foreign contribution without prior permission, which was a technical contravention of the FCRA – The offence was subsequently compounded by the Ministry of Home Affairs upon payment of a compounding fee – Once an offence is com...
Customs Law – Smuggling – Penalty – Section 112 – Procedural Lapses – Revenue appeals against CESTAT’s order setting aside penalties of up to ₹15 crores imposed for alleged gold smuggling based on statements under Section 108 of the Customs Act – Held: Penalties under Section 112(a) and (b) cannot be simultaneously imposed – CESTAT rightly found co...
Municipal Law – License Fees – Sections 244, 245, 386(2) MMC Act – Upheld – The Municipal Corporation has the legal authority to levy license fees for granting/renewing permissions for sky-signs, hoardings, and advertisements under Sections 244, 245, and 386(2) of the MMC Act – The contention that the Municipal Commissioner lacks authority to fix or enhance these fees...
Income-tax – Search and Seizure – Section 153C – Jurisdiction – Search conducted at petitioner’s residential premises pursuant to warrant under Section 132 – Statement recorded and panchanama drawn – Satisfaction note prepared treating petitioner as an “other person” – Held: Person whose premises are searched and from whom documents are s...