Madras High Court Directs AO To Allow Transitional Credit Of Purchase Tax Paid Under GST Act If Already Paid under VAT Act

The Madras High Court has directed the Assessing Officer to allow transitional credit of purchase tax paid under Section 140 of the TNGST Act, 2017, if the petitioner had paid “purchase tax” under Section 12(1) of the TNVAT Act.The bench of Justice C. Saravanan has observed that the petitioner deserves a chance to defend the case as the impugned assessment order was passed during the period when the country was in semi-lockdown mode. If the VAT-TDS had indeed remained unutilized for discharging...

MRP Based Assessment Is Applicable Only To Mineral Water, Aerated Water And Not To Packaged Drinking Water: CESTAT

The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that MRP-based assessment is applicable only to mineral water and aerated water and not to packaged drinking water.The bench of Sulekha Beevi C.S. (Judicial Member), and Vasa Seshagiri Rao (Technical Member) has observed that packaged drinking water cannot be assessed under Section 4A of the Central Excise Act, 1944. The bench noted that packaged drinking water is an entirely different product, falling...

Issuance Of Pre-SCN Consultation Is Mandatory Requirement For Issuing SCN Under Customs Act, 1962: Jharkhand High Court

The Jharkhand High Court has held that the issuance of pre-SCN consultation is mandated under proviso to Section 28(1)(a) of the Customs Act, 1962, before issuing the show cause notice.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that the mandatory pre-SCN consultation, as mandated under proviso to Section 28(1)(a) of the Customs Act, 1962, read with the Pre-Notice Consultation Regulation, 2018, was not complied with while issuing the impugned SCNs; hence, the...

Pump For Lotion Dispenser Is Not Scent Spray Or Toilet Spray, Classifiable Under CTH 84248990: CESTAT

The Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the Pump for Lotion Dispenser is held to be covered under CTH 84248990, being the pumps meant not only for displacing the liquid or lotion but for simultaneously dispersing the same.The bench of Rachna Gupta (Judicial Member) and Hemambika R. Priya (Technical Member) has held that Section Note 8424 talks about mechanical appliances meant for projecting, dispersing, or spraying liquids or powders,...

Failure To Consider Reply On Merits; Delhi High Court Quashes GST Demand Against Max Healthcare

The Delhi High Court has quashed the GST demand of Rs. 8.23 crore against Max Healthcare.The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that a proper officer had to at least consider the reply on merits and then form an opinion as to whether the reply was devoid of merits. The proper officer merely held that the reply was devoid of merit, which shows that the proper officer has not applied his mind to the reply submitted by the petitioner.The petitioner/assessee...

CBIC Notifies Inclusion Of Gender Specific Infrastructure Facilities To Be Provided By Custodian

The Central Board of Indirect Taxes and Customs (CBIC) has notified the inclusion of gender specific infrastructure facilities to be provided by the Custodian CCSP-CFS/AFS/ICD under the Handling of Cargo in Customs Area Regulations (HCCAR) 2009.“The participation of women at the CFS/AFS/ICD has increased significantly through the different job roles and functions of trades in the recent past which demands for providing safe working places for women at such facilities for fostering an inclusive...

CBDT Issues Guidelines For Priority Disposal Of Appeals

The Central Board of Direct Taxes (CBDT) has issued the guidelines for priority disposal of appeals by CsIT (A/AU)/Addl. Jt. CIT(A).The board has decided that the requests for disposal of appeals, covering genuine and exceptional circumstances, raised at the instance of the appellant or referred to by the Assessing Officer/Range Head, may be considered by the Pr.CCsIT/CCSIT/DGSIT on the basis of recommendations of jurisdictional Pr.CIT/Pr.CIT(Central)/CIT(IT).The genuine and exceptional...

Delhi High Court Directs GST Dept. To Pay 6% Interest For Delayed IGST Refund

The Delhi High Court has directed the GST department to pay 6% interest on delayed IGST refund.The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that Section 56 of the CGST/DGST Act deals with the interest on delayed refunds. It provides that if any tax ordered to be refunded under sub-section (5) of Section 54 is not refunded within 60 days from the date of receipt of application, interest at the rate of 6% shall be payable in respect of such refund from the date...

E-Commerce Operators Liable To Collect TCS For Providing Platform For Selling Digital Gold: AAR

The Karnataka Authority of Advance Ruling (AAR) has ruled that e-commerce operators are liable to collect TCS for providing a platform for selling digital gold.The bench of Dr. M.P. Ravi Prasad and Kiran Reddy T. has observed that the applicant supplies the services of e-commerce platforms through the app, for which they get the consideration equivalent to a certain percentage on the value of the sale of the gold in the second supply, for which they are charging and collecting GST. The...

Pick And Choose Method Of Rejecting Certain Entries From Books Of Account Is Arbitrary: Delhi High Court

The Delhi High Court has held that any pick-and-choose method of rejecting certain entries from the books of account while accepting others without an appropriate justification is arbitrary and may lead to an incomplete, unreasonable, and erroneous computation of the income of an assessee.The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that the ITAT has made a categorical finding that despite the fact that the AO was provided with the requisite bills,...

Revisional Jurisdiction Can't Be Invoked For Inadequacy Of Enquiry By AO: Delhi High Court

The Delhi High Court has held that the inadequacy of the inquiry by the AO with respect to certain claims would not in itself be a reason to invoke the powers enshrined in Section 263 of the Income Tax Act. The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that the claims were duly examined during the original assessment proceedings themselves, and neither there was any error nor was the same prejudicial to the interests of the department.The...

Filing Return By Due Date U/s 139 Is Mandatory For Political Party To Claim Exemption U/s 13A: Delhi ITAT Refuses To Stay Recovery Against Congress Party

While holding the argument that an assessee is entitled to a stay on the recovery proceedings on payment of 20% of the demand during the pendency of appeal before the Tribunal, as too general, the New Delhi ITAT dismisses the stay application of Indian National Congress treating it as meritless. At the same time, on the merits of the matter, the ITAT ruled that compliance with the conditions prescribed in Section 13A regarding furnishing of return by due date as per Section 139 is...