'Payment Of Pre- Deposit Can Be Made By Utilizing The Electronic Credit Ledger': Gujarat High Court Reiterates

The Gujarat High Court has reiterated that the Electronic Credit Ledger (ECL) can be utilized for making pre-deposits in appeals under the Goods and Services Tax (GST) regime.Shiv Crackers, a partnership firm involved in the distribution of pyrotechnic articles, contested an order issued by the Additional Commissioner under the CGST Act. This dispute stemmed from a search operation conducted by officers of the CGST, resulting in the confiscation of goods and the issuance of a show cause...

Primary Agricultural Credit Society Entitled To Benefit Section 80P(2)(i) For Providing Credit Facilities For Non-Agricultural Purposes To Its Members: ITAT

The Kolkata Bench of Income Tax Appellate Tribunal (ITAT) has held that Primary Agricultural Credit Society is entitled to benefit under Section 80P(2)(i) of the Income Tax Act for providing credit facilities for non-agricultural purposes to its members.The bench of Rajpal Yadav (Vice President) and Manish Borad (Accountant Member) has observed that the appellant society is eligible for deduction u/s 80P(2)(i) of the Act, but only to the extent of the income that has been earned from the...

Indirect Tax Cases Weekly Round-Up: 14 April To 20 April 2024

Delhi High Court GST Registration Cancellation Passed Solely For Non-Filing Of Reply: Delhi High Court Remits The Matter For Re-Adjudication Case Title: M/S Jain Cement Udyog (Through Proprietor Sh. Sanjay Jain) Versus CBIC The Delhi High Court has held that GST registration cancellation passed solely for non-filing of reply is unsustainable. Bombay High Court Bombay High Court Quashes SCN Demanding GST On Ocean Freight On Transportation Of Goods From Outside India Case ...

Manual Cash Book Contains Entries Related To Cash Withdrawals, Income Tax Additions Not Sustainable: ITAT

The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that the manual cash book contained entries related to cash withdrawals and expenses of the company, which were duly recorded and reconciled with its books of account, as well as cash introduced, withdrawn, and expenses on behalf of the assessee.The bench of Anubhav Sharma (Judicial Member) and M. Balaganesh (Accountant Member) has observed that to offset the negative cash balance reflected in the manual cash book qua the...

For Establishing Offence Of Filing Delayed ITR, “Mens Rea” Is A Necessary Ingredient: Rajasthan High Court

The Rajasthan High Court has held that for holding an assessee guilty of the offence of filing delayed income tax returns, “mens rea“ is a necessary ingredient.The bench of Justice Anoop Kumar Dhand has observed that in the absence of mens rea, an accused cannot be held guilty, and his conviction under Section 276 CC of the Income Tax Act cannot be sustained.The Income Tax Officer, after getting sanction from the Commissioner of Income Tax, submitted a criminal complaint against the...

Direct Tax Cases Weekly Round-Up: 14 April To 20 April 2024

Delhi High Court NFAC Can't Sustain Invocation Of Penalty Proceedings Based On Their Own Failure To Lodge Claim Under IBC Within Time: Delhi High Court Case Title: M Tech Developers Pvt. Ltd. Versus National Faceless Assessment Centre The Delhi High Court has held that the National Faceless Assessment Centre (NFAC) cannot sustain invocation of penalty proceedings based on their own failure to lodge a claim under the Insolvency and Bankruptcy Code (IBC) within time. Failure...

GST Registration Cancellation Passed Solely For Non-Filing Of Reply: Delhi High Court Remits The Matter For Re-Adjudication

The Delhi High Court has held that GST registration cancellation passed solely for non-filing of reply is unsustainable.The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that the matter was liable to be remitted to the proper officer for re-adjudication. The petitioner/assessee has challenged the order by which the Show Cause Notice proposing a demand of Rs. 7,56,66,476 against the petitioner has been disposed of and a demand including a penalty has been raised...

[House Tax] Authorities Acted In Undue Haste By Giving Only One Day's Notice For Hearing: Allahabad High Court Quashes Assessment Order

While quashing the enhanced assessment order regarding house tax passed by the authorities, the Allahabad High Court held that the authorities acted in undue haste by giving one day's notice for the hearing, which is not sufficient notice.A notice regarding the enhancement of house tax was issued by the Department on 14.03.2024, fixing 16.03.2024 as the date for the hearing. The notice was served upon an employee of the petitioner on 15.03.2024. On the date of the hearing, the petitioner...

[Income Tax Act] Supreme Court Decision In UOI v. Ashish Agarwal Applicable To Parties Who Challenged Notice U/S 148: Allahabad High Court

The Allahabad High Court has held that Supreme Court in Union of India v. Ashish Agarwal had not issued a general mandamus quashing all notices issued under Section 148 of the Income Tax Act, 1961. The Court observed that the order of Supreme Court was limited to those notices which had been challenged before the Apex Court and various High Courts in India.In Union of India v. Ashish Agarwal, the Union Government had challenged the order of the Allahabad High Court quashing the reassessment...

S.132B(1)(i) Income Tax Act | Power Of Assessing Authority To Decide Application For Release Of Seized Assets Not Automatically Abated After 120 Days: Allahabad HC

The Allahabad High Court has held that the jurisdiction of the Assessing Authority to decide the application for release of seized assets under Section 132B (1)(i) does not abate after a period of 120 days from the date on which the last of the authorizations for search under section 132 or for requisition under section 132-A was executed.The Court held that the word “shall” in 2nd proviso to Section 132B (1)(i) is directory in nature as no stipulation is made for the automatic release of goods...

Intention To Smuggle Prohibited Goods Can't Be Equated With Attempt To Export Prohibited Goods: CESTAT

The Hyderabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that intention to smuggle prohibited goods cannot be equated with an attempt to export prohibited goods.The bench of Anil Choudhary (Judicial Member) and A.K. Jyotishi (Technical Member) observed that the appellant was intercepted by the CISF officials outside the customs area. The appellant had admittedly not approached the airline counter. This fact is supported by the no-show status of the ticket of...

Statements Recorded Under Section 108 Of Customs Act, 1962 Are Admissible Before Court Of Law: CESTAT

The Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that statements recorded under Section 108 of the Customs Act, 1962, are admissible before a court of law.The bench of Binu Tamta (Judicial Member) and P.V. Subba Rao (Judicial Member) has observed that the Customs Broker, in his statement recorded under Section 108, accepted that he has not verified the antecedents of the importer as the documents were handed over by Shri Badlani, an associate of Shri...