Bombay High Court admits challenge to Section 16(2)(c) of CGST Act on supplier tax default, granting conditional stay amid conflicting High Court rulings on ITC validity.
The ITAT Delhi ruled in DCIT Vs Jai Jai Ram Singh Infrastructure that shuttering material constitutes a homogenous ‘plant’ and not a ‘purely temporary erection.
Voluntary admission of turnover suppression made by a dealer at the time of inspection carried strong evidentiary value and could not be retracted without credible evidence. Appellate Assistant Commissioner and Tribunal erred in setting aside the assessment, as their reasoning was contrary to the evidence on record.
CESTAT Mumbai held that determining value of furniture on the basis of weight is not justifiable since furniture is never ever sold by weight. Accordingly, revision in assessable value set aside and appeal is allowed.
Calcutta High Court held that section 232 of the Kolkata Municipal Corporation Act makes the property tax dues as first charge on the property hence refusal to grant mutation on account of outstanding property tax fully justified.
NCLAT Delhi held that bank doesn’t have any jurisdiction to retain the securities [i.e. fixed deposit amount] since Corporate Debtor was not part of any facility against which any amount is due. Thus, retention on ground that there were dues against another Group Company not justified.
Kerala High Court held that as the gold claimed by the petitioner, is already assessed in the name of the husband of the petitioner, and the proceedings in respect of the same are concluded, the petitioner cannot make a further claim in respect of the same. Accordingly, writ dismissed.
Provident fund dues were protected by statute and same were excluded from the liquidation estate of a company under Section 36(4)(a)(iii) of the Insolvency and Bankruptcy Code, 2016, thus, could not be denied to claimants on grounds of delay as it would defeat the object of protecting employees’ social security.
Assessee-company provided software-led IT and infrastructure management services. To facilitate its business, it entered into an End-User License Agreement (EULA) with SAP India Pvt. Ltd. for a non-exclusive, perpetual license to use SAP’s proprietary software and documentation. SAP India is a wholly owned subsidiary of SAP AG, Germany.
It was held that regarding section 80-IA issue, Tribunal relied on its own earlier orders in assessees own cases for AYs 2014-15 and 2016-17. It held that since the power plant was transferred as part of a court-approved amalgamation, the assessee was entitled to step into the shoes of the amalgamating company and claim the deduction.
