CESTAT Delhi held that overburden removal, excavation, and lignite loading formed part of integrated mining operations taxable only after introduction of “Mining Services” from 01.06.2007. The Tribunal ruled that incidental activities could not be separately taxed under site formation services.
Mumbai ITAT held that no further profits can be attributed to a DAPE once the Indian agent is remunerated at arm’s length for all FAR functions. The Tribunal rejected the Revenue’s “double profit attribution” theory and deleted the enhanced PE addition.
The ITAT Chandigarh held that additions under Section 68 could not be sustained where the Assessing Officer failed to conduct independent inquiry or verification of creditors. The Tribunal deleted additions relating to sundry creditors and business transactions supported by documents and banking records.
The Delhi High Court ruled that GST authorities can issue a single SCN covering multiple financial years under Sections 73 and 74 of the CGST Act. The Court held that the statutory language itself permits consolidated proceedings even in non-fraud classification disputes.
Pune ITAT held that interest earned by a co-operative credit society from deposits with co-operative banks qualifies for deduction under Section 80P(2)(d). The Tribunal clarified that the Supreme Court ruling in Totgars does not apply to such claims.
