ITAT Delhi held that granting of mandatory approval under section 153D of the Income Tax Act by Additional Commissioner of Income Tax in a mechanical manner and without due application of mind is an empty ritual. Thus, order held void-abinitio for want of valid approval u/s. 153D.
CESTAT Chandigarh held that the Air Travel Agents are not required to pay Service Tax on the Commission received by them from CDS/CRS companies. Also held that Air Travel Agents need not include the commission on fuel surcharge in the basic fare for payment of Service Tax.
ITAT Delhi held that Advertisement, Marketing & Promotion expense [AMP expense] incurred by Make My Trip wholly and exclusively for the business is not capital in nature. Further, since AMP expense is not an international transaction, adjustment by TPO rightly deleted.
ITAT Pune held that reopening of assessment under section 148 of the Income Tax Act based on audit objection is merely change of opinion and the same is impermissible in law. Accordingly, notice issued u/s. 148 is not valid and is liable to be quashed.
Bombay High Court held that writ petition cannot be entertained in the face of availability of alternative remedy of approaching the NCLAT since claim of violation of principles of natural justice not established. Accordingly, writ petition dismissed.
Calcutta High Court held that reasonable belief of smuggling based on clandestine conduct and scientific purity of metal is justifiable. Accordingly, absolute confiscation of gold upheld as reasonable belief for seizure u/s. 123 duly established.
Supreme Court held that Generation Based Incentive is intended to be disbursed over and above tariff set by State Electricity Regulatory Commission [SERC]. Accordingly, the applications filed by intervention/impleadment are allowed.
Delhi High Court held that it would be unreasonable to deny Export Promotion Capital Goods [EPCG] benefit merely because of non-submission of Bills of Export [BOE] as proof of discharge of export obligation since there was collateral evidence of discharge of export obligation.
Bombay High Court held that managerial and technical services provided from China to India through virtual means constitutes service rendered in India. Accordingly, rejection of application seeking NIL withholding tax based on pending assessments before ITAT justifiable.
CESTAT Chennai held that clearance of personal computers from Special Economic Zone [SEZ] to Domestic Tariff Area [DTA] cannot be automatically classified as imported for personal use under CTH 9804 90 00 without discharging burden of proof. Accordingly, classification based on assumption set aside and appeal is allowed.
