TDS On MACT Awards: Supreme Court Asks Centre To Look Into Unclaimed Refunds Of Claimants Who Are Not IT Assessees

The Supreme Court on Thursday directed the Central Government to look into the issue of money deduced from motor accident compensation awards as Tax Deducted at Source (TDS) lying as unclaimed refunds with respect to claimants who may not come within the bracket of Income Tax assesses. A bench comprising Justice Sanjay Kishan Kaul and Justice MM Sundresh was hearing the case Bajaj Allianz General Insurance Company Private Ltd. vs. Union of India in which it is considering guidelines to...

GST Evasion Can't Be Presumed Merely Because Goods Were Delivered After Expiry Of E-Way Bill Due To External Factors Like Traffic Block: Supreme Court

The Supreme Court imposed cost on GST official for unnecessary harassment of assessee.

Madras High Court Expunges 'Scathing' Remarks Against Actor Vijay In Entry Tax Case

In an appeal filed by Actor Vijay to remove the scathing remarks made by the single judge bench while dismissing his petition for tax exemption on a Rolls Royce Ghost Motor Car, Madras High Court has expunged the observations made by single judge bench in paras 3,4,7,8, 11 and 12 of the original order.Today, a Division Bench of Justices Pushpa Sathyanarayana and Mohammed Shaffiq allowed the writ appeal filed by Actor Vijay and disposed off the connected miscellaneous petition with no...

Rajasthan High Court Upholds Section 54 CGST Act Pertaining To Tax Refund

The Rajasthan High Court, Jaipur Bench has upheld the vires of Section 54 of the Central Goods and Services Tax Act, 2017 and Rajasthan Goods and Services Tax Act, 2017. The same pertains to Refund of tax.Noting that the Supreme Court has already upheld the vires of the statutory provision in question, the division bench comprising Chief Justice Akil Qureshi and Justice Sameer Jain, observed,"We may note one development, namely, that the Supreme Court in the Union of India and others Vs. VKC...

Uttarakhand High Court Stays Circular Restricting Filing Of GST Refund For Tax Periods Spread Across Two Financial Years In Chronological Order

The Uttarakhand High Court has stayed the operation of a Circular issued by the Revenue Authorities, to the extent it inhibits refund claims for a period of two separate (not successive) financial years and requires filing of Refund in a chronological manner.The Bench comprising of Justices Sanjaya Kumar Mishra and Alok Kumar Verma has stayed para 8 of the Circular No. 125/44//2019-GST dated 18.11.2019, which states thus: "8. The applicant, at his option, may file a refund claim for a tax...

Tax Exemption Notification Must Be Construed Strictly; Promissory Estoppel Not Applicable In Taxing Matters: Supreme Court

On Friday, the Supreme Court reinstated the order of the Revenue levying demand of purchase tax and imposing penalty on Arcelor Mittal Nippon Steel India Limited (erstwhile Essar Steel Ltd.) for availing tax benefits without fulfilling all the eligibility criteria/condition of the Scheme For Special Incentives to Prestigious Units floated by the Gujarat Government in 1991.The Court held that tax exemption notifications must be construed strictly( State of Gujarat v. Arcelor Mittal Nippon...

IT Portal Glitches: CBDT Assures Gujarat High Court To Resolve Issues Of Assessees, Specifies Its Grievance Mechanism

The Central Board Of Direct Taxes (CBDT) today assured the Gujarat High Court that it shall attend to the grievances of the assessee (intending to file ITR and Tax Audit Reports) regarding the technical glitches existing on the Income Tax Portal.The Bench of Justice J. B. Pardiwala and Justice Nisha M. Thakore was also told about the grievance mechanism that has been employed by the Board to deal with the existing and potential issues with regard to the technical glitches of the Income Tax...

CBDT Says 'No' To Physical Filing Of ITR, Audit Reports; Gujarat HC Seeks Board's Assurance To Attend To Assessees' Problems

"Even on 10th of February, just 5 days before the deadline (for ITR, Audit reports filing), if problems are still faced then we will extend the deadline. There will be an issuance of the writ, which will have its effect across the country" : Says Gujarat HC

Calcutta High Court Quashes Reassessment Notices Issued Post March 31, 2021 U/S 148 Of Income Tax Act, 1961

The Calcutta High Court on Monday allowed a batch of writ petitions seeking quashing of impugned re-assessment notices issued post March 31, 2021 by the concerned Income Tax Authority under Section 148 of the Income Tax Act, 1961. Justice Md. Nizamuddin was adjudicating upon a batch of petitions challenging the impugned notices under Section 148 of the Income Tax Act, 1961 on the ground that the same are barred by limitation and that the concerned Income Tax Authority had not complied with...

'Hopeful' That Administration Will Take Requisite Steps: Rajasthan High Court Disposes Plea Seeking Removal Of Glitches On Income Tax Portal

The Rajasthan High Court has expressed its disinclination to entertain a public interest litigation seeking direction to the Income Tax Department to remove all the defects and glitches on its official portal. The court left it on the administration to deal with the issues at its level. A division bench of Chief Justice Akil Kureshi and Justice Rekha Borana observed, "At this stage, we leave it to the administration to deal with these issues at its level. We are hopeful that...

COVID-Supreme Court Order Suspending Limitation Is Applicable For Refund Under GST Act – Bombay High Court

The Bombay High Court has quashed and set aside an order of the Assistant Commissioner of CGST refusing refund of GST paid by a private export company on the ground that the company's application was time barred or not filed within the limitation period prescribed under the Central Goods and Services Tax Act, 2017 (CGST) Act. A division bench of Justices RD Dhanuka and SM Modak observed that the Supreme Court's decision from March, 2020, extending the time limit prescribed under the...

Faceless Assessment Scheme Does Not Mean No Personal Hearing, Mandatory Requirement U/S 144B Of Income Tax Act: Delhi High Court

The Delhi High Court has made it clear that the Central government's recent 'faceless assessment scheme', launched with an aim to eliminate the human interface between the taxpayer and the income tax department, does not mean that the assess shall not be given a personal hearing.The division bench comprising of Justices Manmohan and Navin Chawla observed,"a quasi judicial body must normally grant a personal hearing as no assessee or litigant should get a feeling that he never got an...