CESTAT Hyderabad held that liquidated damages received for contractual delays cannot be treated as consideration for “tolerating an act” under section 66E(e) of the Finance Act. The Tribunal set aside service tax demand and penalty imposed on such receipts.
Punjab and Haryana High Court granted regular bail to an accused linked to alleged fake GST billing and forged documents. The Court noted that the offence was triable by a Magistrate and the petitioner had already spent about six months in custody.
CESTAT Hyderabad held that sugar syrup used in biscuit manufacturing could not be classified under tariff heading 17029090 since its fructose content was only 31%. The Tribunal set aside excise duty demands and penalties imposed on the manufacturer.
ITAT ruled that appellate powers under Section 251 are confined to assessment year under appeal. Directions to reopen completed assessments for another year were held beyond jurisdiction.
Gujarat High Court held that reassessment proceedings based on loose papers referring to non-agricultural land could not justify reopening where assessee had sold agricultural land. Court ruled that alleged escapement of income was based only on hypothesis and conjecture.
The Supreme Court has framed substantial questions on whether DDT under Section 115-O is a tax on shareholder dividend income or on company profits. The ruling may determine applicability of DTAA treaty rates on dividend distributions to foreign shareholders.
The Calcutta High Court held that municipal tax receipts, khajna receipts, and records of rights were sufficient to establish better title in an eviction suit against licensees. The appeal was dismissed as the defendants failed to prove ownership or tenancy rights.
Court held that amended gratuity rules effective from July 2013 governed all employees uniformly and prevailed over inconsistent provisions in the HR manual. The appeal seeking enhanced gratuity was dismissed.
Madras High Court held that time-share membership fees could not be fully taxed in the year of receipt since the assessee had continuing obligations extending over several years. The Court approved spreading part of the income over the membership tenure.
Mumbai ITAT held that Section 56(2)(x) applies to purchase of MHADA leasehold property rights despite reliance on Section 50C rulings. However, the Tribunal directed the AO to obtain a DVO valuation before recomputing the addition.
