Madras High Court’s judgment on the priority of charge for secured creditors over tax dues and the impact on debt realization.
In case of Dipak Sarkar v. The State of West Bengal, Calcutta High Court dismisses writ petition, upholding GST liability on payments received after GST implementation for pre-GST work orders.
In case of Maharaja Ganga Mahal vs. ITO (TDS) in ITAT Delhi, where TDS exemption was claimed for interest payments to AU Financiers. Learn outcome and implications
In an ex-parte order due to non-attendance, ITAT remits the case of Ravi Prakash Sharma vs. ITO back to the Assessing Officer. Get the full text of the order here.
CESTAT Kolkata held that confirmation of demand of duty unjustified if in the totality of the facts and circumstances of the case, no actual loss has been caused to the revenue. Thus, duty demand set aside in absence of any loss of revenue.
CESTAT Ahmedabad held that enhancement of value unsustainable as approximately same price for various other consignments imported at same time and have same quantity were accepted by the department.
CESTAT Kolkata held that the place of provision of the service of transportation of goods by air/sea from a place in India to a place outside India, will be a place outside the taxable territory. Thus, such service being within the purview of Export of Service Rules will be outside the service tax net.
CESTAT Kolkata held that composite contract involving transportation of goods and loading/unloading, packing/unpacking, etc. will be treated as a contract for transportation only as the other services are naturally bundled together with the principal service of transportation. Accordingly, service tax leviable under GTA service and not under cargo handling service.
CESTAT Allahabad held that charge of clandestine removal cannot be imputed in absence of any evidence or in absence of an independent investigation. Accordingly, demand unjustified.
ITAT Ahmedabad held that corpus donations are capital in nature and hence cannot be added to the income of the assessee and hence not taxable.
