The Supreme Court upheld the Bombay High Court’s decision to set aside penalties against Ganesh Benzoplast, affirming that no breach occurred in its bonded warehouse.
Karnataka High Court held that challenge by revenue to the order of remand passed by Tribunal wouldn’t survive for further consideration hence appeal disposed of and question of taxability of software fees under DTAA not answered.
NCLT Mumbai held that the claims of electricity department stand settled on distribution of liquidation estate by the liquidator. Hence, withholding of electricity connection due to payment of dues prior to issuance of sale certificate not justified.
Delhi High Court held that strict application of rigours of Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act] not justified since quantity of Ganja recovered is marginally above threshold of commercial quantity under NDPS Act. Accordingly, bail application allowed.
Delhi High Court held that writ involving matter of availment of fraudulent Input Tax Credit [ITC] under GST not entertained since due to availability of appellate remedy as the matter involves several factual issues and the concept of ITC by itself involves a series of transactions.
ITAT Jaipur held that TDS u/s. 194J of the Income Tax Act doesn’t apply to payment made by liquor company towards brand under the head ‘Franchise Expenses’ since the same is not in nature of ‘royalty’ or ‘Fees for Technical Services’. Accordingly, appeal of revenue dismissed.
The ITAT Delhi ruled in favor of an assessee, stating the AO cannot reject a Discounted Cash Flow (DCF) valuation report merely because future projections didn’t match actual performance.
ITAT Delhi deletes a bogus purchase addition of Rs. 1.70 crore against My Paper Merchants Pvt. Ltd. due to a lack of cross-examination and valid evidence from the Assessing Officer.
Ankit Chauhan’s penalty for not getting a tax audit was quashed by ITAT Delhi. The court found the assessee to be a commission agent, not a dealer, with reasonable cause for the failure.
ITAT Bangalore restores appeals for Swastik Properties & Developers, ruling that CIT(A) cannot dismiss appeals for non-prosecution and grants a fresh hearing.
