The Delhi High Court held that a withholding tax certificate cannot stand once the ITAT sets aside the finding of a dependent agent PE. Since the Revenue relied solely on quashed assessment orders, the 8.75% TDS was invalid.
The Delhi High Court held that expiry of 120 days under Section 132B does not trigger automatic release of seized assets. The only consequence of delay is interest liability, reaffirming that AO’s satisfaction is essential.
The ITAT held that revision is invalid when invoked merely to re-examine an issue already scrutinised by the Assessing Officer.
NCLAT Chennai held that recall application under rule 11 of the NCLT Rules cannot be utilised as a camouflage to seek review of an order which has been passed on merits. Thus, company appeal lacks merits and hence dismissed.
Delhi High Court held that where controversy is anchored in company’s affairs and issue is one which NCLT/NCLAT is empowered to determine the matter in question, section 430 of Companies Act bars parallel civil suits and compels recourse to NCLAT/NCLAT.
Calcutta High Court held that GST Circular issued by Central Board of Indirect Taxes & Customs [CBIC] are binding on all the departmental officers but at the same time circular should not be treated as shield to ward off legal scrutiny and shelve legal action in cases involving undisclosed transaction, and/or dubious invoices and bills.
Madras High Court held that reassessment under section 147 of the Income Tax Act after expiry of four years is sustainable in law since assessee has failed to set out truly and fully all the material facts.
CESTAT Delhi held that since DGFT [Directorate General of Foreign Trade] has issued EODC [Export obligation Discharge Certificate] under EPCG [Export Promotion Capital Goods] hence customs authority cannot initiate proceeding demanding duty/ imposing penalty.
The Tribunal held that approval by an incompetent authority under Section 151(ii) invalidates a reassessment issued after three years. The notice and consequential order were declared void for lack of jurisdiction.
ITAT ruled that deductions under section 80P cannot be disallowed at the CPC stage for returns filed after the due date prior to Finance Act 2021. The matter was remanded for proper verification by the AO.
