Delhi High Court held that VAT Act and the Finance Act are disparate in character as far as levy and collection of tax is concerned. Thus, demand based on comparison of returns filed under VAT Act and Finance Act is erroneous. Accordingly, appeal of department dismissed.
CESTAT Delhi held that the viewing card/smart card inserted into the set top box of DTH service provider is a good in itself and is not a part of the set top box. Hence, viewing cards is classifiable under CTI 8523 52 90 and not under 8529 90 90.
CESTAT Hyderabad held that non-filing of Ex-Bond BoE for clearance from customs bonded warehouse to SEZ is merely procedural lapse hence confiscation u/s. 113(i) not justifiable since there is no malafide intent. Accordingly, appeals are partly allowed.
Delhi High Court held that GST SCN uploaded on ‘Additional Notices Tab’ was not brought to the knowledge of the petitioner. Hence, ex-parte order was passed without providing an opportunity to challenge SCN on merits. Thus, matter remanded back.
ITAT Lucknow held that claim has been allowed by AO in scrutiny proceedings u/s 143(3) of the Act, it was natural that the demand raised on the same issue under section 143(1)(a) of the Act is required to be modified. Accordingly, appeal partly allowed.
Allahabad High Court held that in absence of valid service of notice under section 148 of the Income Tax Act, proceedings under section 147 of the Income Tax Act for reassessment cannot be initiated. Accordingly, appeal of the assessee allowed.
Karnataka High Court held that no incriminating material was found during the search proceedings and therefore no reassessment of income for the relevant assessment year could be made under Section 153A of the Income Tax Act. Accordingly, appeal of revenue dismissed.
Madhya Pradesh High Court held that White Petroleum Jelly of IP grade is liable to be classified as a category of drug and medicine under Entry 19-A of Part II, Schedule II of the MP VAT Act. Accordingly, order dated 14.05.2019 quashed.
Proportionate expenditure against interest income might be allowed to assessee subject to assessee establishing connection between incurring of such expenditure towards earning of interest income from nationalized banks, which was a specific requirement for claim of such expenditure u/s section 57.
CESTAT Ahmedabad rules it has jurisdiction over foreign currency seizure, distinguishing it from baggage. Orders release of seized currency and directs lower penalties on family members.
