CESTAT Delhi ruled that compensation and liquidated damages recovered for contractual breaches do not amount to consideration for tolerating an act under Section 66E(e). The Tribunal set aside the service tax demand on penalties and liquidated damages.
ROC Chennai held that an Additional Director who was not regularised at the AGM could not be treated as an officer in default during the violation period. The ruling highlights the importance of director status while fixing liability under the Companies Act.
The Mumbai ITAT restored additions relating to unreconciled DGFT import and export figures after finding that complete data relied upon by the Department had not been furnished to the assessee. The Tribunal directed fresh adjudication after providing detailed DGFT records and an opportunity for reconciliation.
Tribunal ruled that reliance on statement of an alleged accommodation entry provider without furnishing statement or allowing cross-examination violated principles of natural justice.
The Orissa High Court modified a motor accident compensation award after finding that the Tribunal failed to deduct income tax while calculating loss of dependency. The Court recalculated compensation using the deceased’s taxable income under the new tax regime.
ITAT Agra held that an inadvertent disclosure of exempt income under “income from other sources” could not deny exemption to an educational institution. The Tribunal directed rectification of the tax demand after verifying eligibility under Section 10(23C)(iiiab).
ITAT Delhi held that the Revenue’s appeal was not maintainable after excluding Education Cess from tax effect computation. The Tribunal dismissed the appeal as the tax effect fell below the CBDT threshold limit of Rs.60 lakh.
Tribunal ruled that unsold flats shown as stock-in-trade by a real estate developer cannot attract notional rent taxation. The decision relied on earlier judicial precedents recognizing such assets as part of business operations.
Chennai CESTAT ruled that services provided directly to travellers for obtaining visas do not fall under taxable Business Auxiliary Service. The Tribunal relied on CBEC circulars and earlier judicial precedents.
The Calcutta High Court considered the petitioner’s request for adjournment of GST enquiry proceedings after he claimed inability to appear due to a leg fracture. The Court sought instructions on whether appearance could be made after 15 days.
