The tribunal ruled that reassessment proceedings for a period prior to the approval of an NCLT resolution plan cannot be sustained. It held that once the resolution plan is approved, tax demands relating to earlier periods cannot continue against the corporate debtor.
The Supreme Court refused to condone a delay of 262 days in filing the Special Leave Petition and found no merit for interference. The dismissal left intact the order quashing the reassessment notice under Section 148.
ITAT Mumbai held that reassessment initiated without approval from the correct authority under Section 151 is invalid. Since the reassessment itself was void, the revision order under Section 263 could not survive.
The Supreme Court upheld the invalidation of an assessment order issued in the name of a company that had merged and ceased to exist. The Court held that proceedings must be initiated against the transferee company.
The Supreme Court declined to interfere with a High Court ruling that TCS under Section 206C(1C) does not apply to compounding fines collected from illegal miners. The Court confirmed that the provision applies only where mining rights are legally transferred.
The Tribunal held that failure to electronically file Form 10 as required under Section 11(2) can lead to denial of income accumulation benefits. The case was remanded to allow the assessee to seek condonation under CBDT guidelines.
Tribunal held that airline promotional packages including airfare, accommodation, and transfers do not qualify as tour operator service because airline did not plan or organize tours. Service Tax demand raised under this category was therefore set aside.
The Tribunal held that exemption notifications for Education Cess and SHEC apply only to Clean Energy Cess and not to CVD on imported coal. The case was remanded only to verify whether any cess was wrongly levied on CEC.
The tribunal held that TDS paid by the service recipient over and above the contract value cannot be included in the taxable value for service tax. Only the amount charged in the invoice forms the basis for service tax liability.
ITAT Mumbai held that long-term capital gains from share sales cannot be treated as unexplained cash credit when the assessee provides contract notes, demat records, and bank statements proving the transactions.
