This weekly round-up analytically summarises the key tax judgments of the Supreme Court and all High Courts reported at Taxscan.in during the previous week from February 3rd to February 9th of 2024.
The Supreme Court of India has halted the sales tax recovery proceedings pending the final hearing of a Special Leave Petition ( SLP ) against a sales tax demand. This SLP stems from a contested judgment issued by the High Court of Orissa on March 15, 2023, regarding notices issued under the Odisha Entry Tax ( OET ) Rules.
The Court deemed the notices non-compliant with statutory procedures and quashed them, emphasizing that since the petitioner-dealer had filed a nil return for the relevant period, issuing a demand notice was unjustified. The High Court directed the petitioner to deposit the unpaid entry tax, with 9% interest per annum, during the period covered by interim orders. The Court also allowed the petitioner to appeal assessment decisions within 30 days and ordered a stay on recovery proceedings pending further hearings.
The Supreme Court of India has issued notice against the Central Bank of India regarding a Special Leave Petition (SLP) stemming from a final judgment by the High Court of Judicature at Bombay dated July 21, 2023, in ITA No. 1683/2018. The Bombay High Court disposed of the petition in light of a prior judgment in Commissioner of Income Tax-LTU v/s. Union Bank of India, which raised questions about the taxation of interest on sticky loans.
The Court clarified that the Tribunal’s decision not to treat interest on sticky loans as accrued income was based on instructions issued by the Board in a 1984 circular.
In the case involving Flipkart Pvt Ltd, the Supreme Court upheld the Delhi High Court’s order allowing a refund claim of Rs. 6,62,74,405/- under the Delhi Value Added Tax ( DVAT ) Act, 2004. The Value Added Tax Officer had filed a Special Leave Petition ( SLP ) against the High Court’s final judgment and order, which had been filed to command the processing of a refund application dated August 24, 2020, along with the grant of interest as per the DVAT Act.
The High Court observed that the authorities had violated Section 38 of the DVAT Act by not deciding on the refund application within the prescribed time frame, and thus granted the writ petition, quashing the impugned order and directing the respondents to refund the amount along with interest within three weeks. A two-judge bench, comprising Justice Pamidighantam Sri Narasimha and Justice Aravind Kumar, refused to interfere with the High Court’s decision and dismissed the SLP.
The two-judge bench of the Supreme Court of India dismissed a Special Leave Petition (SLP) due to a significant delay of 596 days in filing the petition against an Income Tax Appeal. The SLP, filed by the Commissioner of Income Tax against the final judgment and order dated February 26, 2022, in ITA No. 760/2022 passed by the High Court of Judicature at Bombay in favor of Indo Amines Ltd., lacked a valid reason for the delay. Justices B V Nagarathna and Augustine George Masih noted the substantial delay and found the explanation for condoning it unsatisfactory. Considering a previous order dated January 2, 2024, where a similar petition was dismissed on merits, the court ruled to dismiss the current SLP both due to the delay and on its merits.
A Two-Judge Bench of the Supreme Court has dismissed a challenge to Rule 9(3)(b) of the Chartered Accountants’ ( Procedure of Investigation of Professional and Other Misconduct and Conduct of Cases ) Rules, 2007, enabling the Institute of Chartered Accountants of India ( ICAI ) Board of Discipline to refer a complaint for misconduct to the ICAI Disciplinary Committee, even when the Director ( Discipline ) finds the accused person/firm not guilty and allows for further investigation.
The Court upheld the rule, emphasizing the need for the Board to override the Director’s opinion to prevent potential misconduct. Justices PS Narasimha and Aravind Kumar concluded that the rule falls within the scope of delegated power under Section 29A(1) of the Act, aiming to ensure genuine complaints are properly addressed.
The Supreme Court upheld the Delhi High Court’s decision in a special leave petition ( SLP ) challenging the quashing of a notice issued under Section 148 of the Income Tax Act, 1961, after 16 years. The senior counsel for the Revenue argued the legality of the notice issued in 2008. However, the Two-Judge Bench, comprising Justice Pamidighantam Sri Narasimha and Justice Arvind Kumar, noted that the notice and subsequent order were set aside by the Income Tax Appellate Tribunal in 2013, a decision upheld by the High Court in 2015. Given the conclusion of proceedings in 2015 and the passage of another decade, the Court declined to interfere with the High Court’s judgment while leaving the question of law open for future consideration.
The Allahabad High Court declined to issue a writ of mandamus directing the Central Government to include Sections 129 and 130 of the Central Goods and Service Tax Act, 2017 ( CGST Act ) in a notification by the Central Board of Indirect Taxes and Customs ( CBIC ). The petitioner’s counsel argued that a CBIC notification, No. 53/2023-Central Tax, dated November 2, 2023, extended the time to file appeals under Section 107 of the CGST Act, but it only applied to orders passed under Sections 73 and 74, neglecting Sections 129 and 130. The counsel contended that this omission was discriminatory and urged the court to intervene. However, Justice Shekhar B. Saraf, in a single-bench decision, held that while the court couldn’t mandate the inclusion of Sections 129 and 130 in the notification, the government should consider doing so to ensure parity in benefit provisions across different sections of the CGST Act.
The Madras HC overturned an assessment order concerning financial years 2019-20, 2020-21, and 2021-22, citing unresolved defects due to the unavailability of crucial records held by the Central GST Authority. The petitioner, a registered individual under GST laws, contested the assessment following a surprise inspection, where discrepancies in taxable turnover and issues related to circular trading were highlighted. Despite the petitioner’s explanations and notifications of unavailable documents, the assessment order was issued. However, Justice Senthilkumar Ramamoorthy intervened, recognizing the impact of the missing records on the assessment’s validity, and deemed it necessary to provide the petitioner with an opportunity to address the identified defects, warranting interference with the impugned order.
The Bombay High Court has ordered the restoration of Goods and Services Tax ( GST ) registration for a petitioner whose registration was cancelled without a hearing due to non-filing of GST returns. Despite the petitioner’s application for revocation and subsequent appeals citing unavoidable delays, the revocation application was rejected. However, the petitioner, having now complied with payments and filed returns up to March 2023, pleaded for restoration, promising to clear all dues and file pending returns within four weeks upon restoration. The Division Bench, comprising Justice G. S. Kulkarni and Justice Firdosh P Poonawalla, directed the restoration of the petitioner’s GST registration within one week, with a mandate to file all pending returns and make necessary payments within four weeks from the date of restoration to avoid prejudice to revenue.
The Bombay High Court held that a defect in a notice under Section 271(1)(C) of the Income Tax Act 1961, issued in 1993, could not be raised by the appellant, even in the absence of prejudice to the assessee. The case involved Veena Estate Pvt. Ltd challenging penalty proceedings initiated against them under section 271(1)(c) of the I.T. Act. The appellant contended that the penalty proceedings were initiated without clearly informing them of the charge against them. The court observed that after more than 20 years, it would be accepted that the notice issued under Section 274 of the IT Act was defective. Furthermore, it was noted that a penalty cannot be imposed for alleged breach of one limb of Section 271(1)(c) while the penalty proceedings were initiated for breach of the other limb. Therefore, the court held that the defect in the notice could not be raised by the appellant, even in the absence of prejudice to them.
The Bombay High Court dismissed a writ petition filed by Sansar Texturisers Pvt. Ltd, challenging customs Anti Dumping Duty Notifications regarding the attempt to avail a refund of Anti Dumping Duty paid. The petitioner, engaged in importing Nylon Filament yarn, contested notifications imposing anti-dumping duties on imports from certain countries between January 2012 and January 2018. The bench, consisting of Justice G. S. Kulkarni and Justice Firdosh P. Pooniwalla, observed that the petition was not maintainable solely for seeking a refund of duty, as such a claim could be pursued through a suit. The court concluded that the petitioner had paid the duty without any mistake, leading to the dismissal of the writ challenging the Customs Anti Dumping Duty Notifications. Saket R. Ketkar and Karan Adik appeared for the respondent.
The Allahabad HC quashed a penalty order imposed by the Commercial Tax Officer, emphasizing the fundamental importance of adhering to the show cause notice ( SCN ) in administrative proceedings. The court noted that the authorities imposed a penalty on a ground not mentioned in the original SCN, thereby violating the principles of natural justice, particularly the principle of audi alteram partem. Justice Shekhar B. Saraf emphasised that adherence to the show cause notice is essential to uphold fairness, accountability, procedural regularity, and legal certainty. The court concluded that the impugned orders exceeded the boundaries set by the SCN and quashed them, highlighting the importance of respecting procedural safeguards to prevent arbitrary exercises of power.
The Bombay High Court directed fresh adjudication of a matter concerning the refund of unutilized Integrated Goods and Services Tax ( IGST ) credit on export of services, as the original order was passed without providing due notice or opportunity of hearing to the Petitioner. The petitioner, seeking refund claims for various periods, received sanctions for some claims while others were rejected without affording a hearing. Despite attending multiple personal hearings, the petitioner alleged that no record was provided, and the hearings were conducted by an assistant rather than the concerned authority. Not receiving any order post-hearing, the petitioner filed a petition seeking a personal hearing and timely, reasoned orders. The court emphasized the principles of natural justice, directing the Appellate Authority (Respondent No.4) to provide a personal hearing and pass orders within six weeks from the date of intimation, ensuring procedural fairness and timely resolution.
Justice Shekhar B. Saraf stressed the importance of granting a personal hearing before making any adverse decisions against taxpayers, regardless of whether a formal request is made. In a case involving a firm accused of misusing Input Tax Credit (ITC), despite the petitioner’s responses, tax authorities imposed significant penalties. However, the appellate authority ruled in favour of the petitioner. The High Court, citing Section 75(4) of the UPGST Act, 2017, emphasized the need for personal hearings for fairness and justice. Consequently, it overturned the previous decisions, instructing authorities to provide a personal hearing and issue a reasoned order within two months, ensuring fairness and due process in tax matters.
The Kerala High Court directed the issuance of materials to respond to a show cause notice ( SCN ) regarding an allegation of wrong IGST refund availing. The petitioner contested notices alleging the wrongful refund without access to the underlying materials referred to by the Commissioner of Customs. Justice P Gopinath instructed the petitioner to appear before the issuing officer on January 30, 2024, to request necessary documents for a proper reply. Upon receiving the requested documents, the petitioner would have two weeks to respond to the notices, followed by adjudication by the competent officer with a fair hearing, ensuring procedural fairness in the matter.
The Kerala High Court directed the appellate authority to promptly address the demand and recovery proceedings against Kerala University concerning an assessment order under the Income Tax Act, 1961. Noting the university’s delay in approaching the appellate authority with an application for interim stay, Justice Dinesh Kumar Singh instructed the authority to expeditiously consider and decide on the petitioner’s requests for condonation of delay and interim stay, preferably within four months, before the National Faceless Appeal Centre, thus resolving the matter efficiently.
The Kerala High Court instructed the Income Tax Commissioner to promptly address recovery proceedings initiated following assessment orders, as the petitioner had filed an appeal with some delay and a stay petition only later. Justice Dinesh Kumar Singh directed the commissioner to consider and decide on the petitioner’s applications for condonation of delay and stay petition within two months, ensuring timely resolution of the matter.
The Allahabad High Court upheld the penalty imposed on Hindustan Petroleum Corporation under the Central Sales Tax Act, 1956, as the petitioner failed to prove a bona fide intention in wrong representation while purchasing goods. Despite the petitioner’s contention that the items purchased were covered under the word “container” in the registration certificate, the court found that the petitioner failed to demonstrate this belief adequately. The court emphasized that the petitioner did not provide sufficient evidence to justify the alleged bona fide belief, leading to the dismissal of the petition and upholding of the penalty by the Commercial Tax Tribunal.
The Bombay High Court invalidated the reassessment notice against Godrej Projects Development Pvt Ltd, emphasizing that the Assessing Officer’s reason for reassessment lacked tangible evidence and relied on borrowed satisfaction rather than independent judgment. The court highlighted that the AO’s questioning of the significant share premium of a newly incorporated company was purely hypothetical and lacked a factual basis. Despite objections raised by Godrej, the court ruled that the reassessment lacked fresh material and constituted impermissible review, ultimately quashing the notice and reinforcing the importance of adhering to jurisdictional conditions in reopening assessments.
The Kerala High Court clarified that the Writ Court does not operate in parallel jurisdiction with the appellate authority and directed the Income Tax Authority to consider the petition filed by Manath Muhammed Ismail, a real estate broker, seeking disposal of appeals and stay applications against assessment orders under Section 153C of the Income Tax Act, 1961. Despite the petitioner’s delay in approaching the appellate authority and inability to deposit 20% of the assessed tax, the Court declined to stay the demand as assessed in the assessment orders, emphasizing its limited role in parallel jurisdiction and urging the appellate authority to expedite the consideration of the petitioner’s applications for condoning the delay and stay petitions within two months.
The Kerala High Court intervened to stay recovery proceedings, prompted by the appellant’s concerns over potential recovery of amounts confirmed by assessment orders before the consideration of stay petitions. The appellant, who had appealed assessment orders under the Income Tax Act for multiple years, feared that recovery steps might be taken before the stay petitions were adjudicated. While the Single Judge directed the authorities to decide on the stay petitions if appeals couldn’t be expedited, no stay on recovery proceedings was granted. The Division Bench, comprising Dr. Justice AK Jayasankaran Nambiar and Dr. Justice Kauser Edappagath, modified the judgment to ensure that recovery proceedings against the appellant would be suspended until the disposal of stay petitions or appeals, whichever occurred earlier, by the appellate authority, providing the appellant with interim relief.
The Kerala High Court remanded a case concerning the submission of GSTR-1 for readjudication based on a CBDT circular, acknowledging difficulties faced by dealers during the initial implementation of GST provisions. M/S Kochi Medicals, the petitioner, faced disallowance of input tax credit due to a mismatch between GSTR-3B and GSTR-2A. The petitioner cited a CBDT circular offering relaxation for FY 2017-18 and 2018-19, providing guidelines for handling such discrepancies. Despite the petitioner’s intention to appeal to the Tribunal, pending its constitution, they sought relief from the Court. Justice Dinesh Kumar Singh set aside previous orders, directing the assessing authority to reconsider the case in light of Circular No. 183/15/2022-GST dated 27.12.2022.
The Kerala High Court dismissed a writ petition filed by Metalex Agencies challenging an assessment order under the Kerala State Goods and Service Tax ( KSGST/CGST ) Act, 2017, regarding discrepancies in transitional credit claimed by the petitioner. Despite the petitioner’s argument that filing an appeal could be futile due to the excise duty component issue, Justice Dinesh Kumar Singh emphasized that the appellate authority would thoroughly examine all evidence. Therefore, the court deemed the availability of alternative statutory remedies sufficient, leading to the dismissal of the writ petition.
The Kerala High Court directed the petitioner to pursue alternative remedies regarding an assessment order under the Kerala State Goods and Services Tax Act, 2017 ( KGST Act ). Despite the petitioner challenging the assessment order in court, the government pleader argued that show cause notices were issued prior to completion of assessment, but the petitioner failed to respond. Justice Gopinath P, in a single bench ruling, emphasized that the petitioner had not demonstrated grounds for court interference and urged them to pursue appellate remedies within the statutory time limit, which expires on January 31, 2024. The court directed that if the petitioner files an appeal along with a stay petition by the specified deadline, any recovery proceedings based on the assessment order would be suspended pending a decision by the appellate authority.
The Kerala High Court upheld the demand for service tax by M/S Bright Communications, rejecting claims of a violation of natural justice principles. The petitioner challenged the assessment order assessing service tax liability for advertising agency services and legal consultancy services under the reverse charge mechanism. Despite being given multiple opportunities for a personal hearing, the petitioner failed to respond to show cause notices or produce required documents. Justice Dinesh Kumar Singh observed that the petitioner had not utilized earlier opportunities for a hearing and that the allegation of a violation of natural justice was unfounded. The court emphasized that the petitioner could raise these issues in the appellate process and dismissed the petition, upholding the impugned order.
The Kerala High Court’s Single bench ruled that upon depositing 20% of the assessed tax, the demand for income tax stays automatically, directing the timely resolution of the stay petition. Preetha Ajay petitioned for a writ of mandamus to prompt the second respondent to expedite the appeal and stay application. The petitioner contested an assessment order under the Income Tax Act and appealed to the second respondent while concurrently filing a stay petition. Although the petitioner’s counsel highlighted the delay in deciding the stay application, the Senior Standing Counsel for the Income Tax Department agreed to expedite the stay petition but opposed staying the demand. Justice Dinesh Kumar Singh directed the second respondent to promptly decide the stay petition within two months while halting the demand enforcement for the same duration, citing the automatic stay provision upon depositing 20% of the assessed tax.
The Delhi High Court recently ruled that a party cannot challenge an arbitral award after receiving the payable amount under it. The petitioner, despite being the prevailing party in arbitration, contested the findings on two specific claims, arguing ‘patent illegality’ and violation of fundamental policy of Indian law. However, the respondent countered that the award was faultless and did not meet the criteria for challenge under Section 34 of the Arbitration and Conciliation Act, 1996. The court, led by Justice Sanjeev Narula, observed that the petitioner’s acceptance of the awarded amount on one claim estopped them from challenging the award, citing precedent. Hence, the court declined to interfere with the arbitral award’s decision on the disputed claims.
The Kerala High Court dismissed a writ petition challenging an assessment order, citing the availability of the remedy of appeal under Section 107 of the Central Goods and Service Tax Act, 2017 ( CGST Act ). The petitioner sought to contest the assessment order dated 21.08.2023, but the Court noted that Section 107(1) of the CGST Act allows aggrieved parties to appeal such decisions within three months of communication. Justice Dinesh Kumar Singh emphasized that the Court is not an appellate authority for assessment orders and advised the petitioner to pursue the appeal process if dissatisfied. Consequently, the writ petition was dismissed, with the petitioner encouraged to file an appeal if desired.
The Delhi High Court allowed the withdrawal of a petition challenging a show cause notice issued beyond the limitation period under Section 73 of the Finance Act, 1944. The petitioner argued that the notice exceeded the statutory time limit, while the respondents contended that the extended period of limitation applied. In light of this objection, the petitioner sought to withdraw the petition while reserving the right to raise all permissible arguments before the Adjudicating Authority. A Division Bench comprising Justices Sanjeev Sachdeva and Ravinder Dudeja dismissed the petition as withdrawn, allowing the petitioner to file a reply to the notice within 30 days. The Court clarified that it had not evaluated the merits of the case and that the time spent on the petition would not count towards the limitation period specified by the Finance Act, 1994.
The Delhi High Court directed the issuance of materials concerning a show cause notice ( SCN ) for the cancellation of GST registration, citing lack of cogent reasons. The petitioner challenged the SCN dated 18.01.2024, which alleged registration obtained through fraud, wilful misstatement, or suppression of facts under Section 29(2)(e). However, the notice lacked specific details such as the officer’s name or appearance details. A Division Bench of Justice Sanjeev Sachdeva and Ravinder Dudeja instructed the respondents to provide all relevant material to the petitioner within one week. Once received, the petitioner must reply within a week, after which the respondent should adjudicate the SCN within a maximum of two weeks.
The Kerala High Court quashed an order of the National Company Law Tribunal ( NCLT ) declaring a tax assessment order void, ruling it lacked jurisdiction. The petitioner, Deputy Commissioner (Works Contract), challenged the NCLT’s decision under Article 227 of the Constitution. Despite the 2nd respondent’s application seeking permission to appeal the assessment order, the NCLT deemed the order void ab initio due to a violation of Section 14(1)(a) of the Insolvency and Bankruptcy Code ( IBC ). However, the High Court found this order preposterous and lacking legal basis, emphasizing the NCLT’s overreach and misunderstanding of the law. It noted that while the moratorium under Section 14 of the IBC halts enforcement, it doesn’t bar the determination of tax liabilities, concluding that the NCLT’s action was beyond its authority.
The Madras High Court ruled that refund claims should be assessed based on documents related to input tax credit ( ITC ) and zero-rated exports. The petitioner, a manufacturer and exporter, claimed timely filing of Forms W and ITC on capital goods since 2011. Despite objections from the Accountant General and Circular No.22 prohibiting refund, the petitioner argued for refund under Circular No.12. The court found the delay in processing claims unjustified and remanded the matter to consider the refund claim on its merits, instructing the assessing officer not to consider the issue of limitation.
The Madras High Court ruled that electricity qualifies as an input for the grant of cenvat credit, overturning a decision by the Customs, Excise & Service Tax Appellate Tribunal ( CESTAT ). The appellant, a cement manufacturer with a Captive Power Plant ( CPP ), imported coal for electricity generation and claimed cenvat credit. The department alleged improper maintenance of accounts for coal consumption, but the appellant argued that electricity qualifies as an input under the CCR 2004. The court observed that electricity generated in a CPP qualifies as an input, regardless of its location of use, and upheld the appellant’s position.
The Kerala High Court dismissed a writ petition challenging the reopening of assessment for the assessment year 2015-16 under Section 147 of the Income Tax Act, 1961, as the income threshold of Rs. 50 lakhs had been exceeded. The petitioner, a non-resident Indian residing in the UAE, did not file an income tax return for that year. Based on information received through the Insight portal, the assessing authority concluded that income amounting to Rs. 92,63,390/- had escaped assessment, exceeding the threshold limit. The petitioner argued that the actual income that escaped assessment was only Rs. 20,29,690/-. However, the court held that the assessing authority’s estimation of the income exceeding the threshold justified the reopening of assessment and dismissed the petition. The petitioner was directed to pursue rectification proceedings with the assessing authority.
The Madras High Court ruled that electricity qualifies as an input for cenvat credit, dismissing an appeal against a CESTAT order dated 28.02.2018. The case involved a cement manufacturer with a Captive Power Plant in Tirunelveli District, which imported coal for electricity generation, claiming cenvat credit. The appellant argued that electricity is an eligible input under the CCR 2004, and the demand for 6% on wheeled-out electricity lacked basis. The court, led by Justice Dr. Anita Sumanth and Justice R Vijayakumar, emphasized that captively generated electricity qualifies as an input, regardless of its usage location, ensuring transparency via a wheeling agreement with TANGEDCO, concluding that related parties’ supervision can verify the input’s transfer and utilization.
The Kerala High Court dismissed Oleena Mahila Samajam’s petition challenging the cancellation of its GST registration under the CGST Act, 2017, due to non-filing of returns. Despite the petitioner’s argument that its accountant overlooked the notice, the court upheld the cancellation, stating that statutory timelines must be adhered to and that the petitioner failed to utilize the available remedy of filing an appeal against the cancellation order. The court, noting the delay in approaching the court, declined to grant any relief against the impugned order.
The Kerala High Court ruled that the Income Tax Assessment Order issued under the old PAN is appealable as the new PAN is inactive. Mavoor Gramasree Vanitha Sahakarna Sangha No. 3026, a Co-operative Society, received a notice under Section 148 for the assessment year 2018-19 despite surrendering its old PAN and obtaining a new one. The court, after reviewing instructions from the Principal Commissioner of Income Tax, directed the petitioner to file an appeal using the old PAN and proceed accordingly, requiring registration on the e-filing portal with the old PAN.
The Delhi High Court granted significant relief to Kajaria Ceramics as the challenge to the jurisdiction of the adjudicating authority was stayed by the Supreme Court ( SC ). The decision stemmed from a reference to an order dated 28.03.2022 in a batch of appeals, where the Court directed the matters to be remitted to the Customs, Excise & Service Tax Appellate Tribunal ( CESTAT ) for consideration on merits, given the stay on jurisdictional challenges based on a previous Division Bench judgment. Prashant Srivastava, Advocate for the respondent, expressed no objection to a similar direction in the current matter. A Division Bench of Justices Sanjeev Sachdeva and Ravinder Dudeja directed the Tribunal to decide the matter on its merits, applying the same principles as in the referenced judgment, given the identical legal question framed in the appeal.
In a case involving the addition of unexplained income under section 69 of the Income Tax Act, 1961, due to the absence of proper documents, the Kerala High Court granted the petitioner, Lavia Infra Ltd, an additional opportunity. The company, engaged in trading construction materials and hardware goods, faced financial difficulties leading to legal actions by banks. Despite notices, the company failed to file income tax returns for the assessment year 2019-2020. The court noted the managing director’s mental illness as a reason for non-compliance and granted six weeks to submit the necessary documents. The revenue was instructed to finalize the assessment under Section 144 if the documents were not provided within the stipulated time.
The Kerala High Court upheld the single judge’s decision, which granted the petitioner specified time to seek statutory remedy under the Income Tax Act, 1961, regarding the challenge against the demand of income tax made on interstate spice dealers based on high-value transactions. Shaju Pachelil Pathrose, the petitioner, challenged the judgment, stating that the assessing officer issued two show cause notices within a short period, but the petitioner failed to respond. The court affirmed the dismissal of the writ petition, allowing the petitioner to file a statutory appeal within fifteen days before the appellate authority. Additionally, the court extended the time for filing the appeal and directed the consideration of the stay application within two months.
The Delhi High Court overturned the cancellation of Goods and Service Tax ( GST ) registration for M/S Maa Jhandewali Traders, stating that the show cause notice leading to the cancellation lacked specific details regarding fraud or suppression. The petitioner argued that the notice did not mention any specifics of alleged fraud, misstatement, or suppression, and did not disclose the name or designation of the issuing officer. Despite the petitioner’s response to the notice, the court found it inadequate considering the reasons for cancellation. Thus, the division bench, comprising Justice Sanjeev Sachdeva and Justice Ravinder Dudeja, nullified the cancellation order and granted one week to submit a detailed response, with the authority required to dispose of the matter within 30 days thereafter.
The Kerala High Court has instructed the authorities to make a decision on the appeal concerning the eligibility for income tax exemption under Section 10(46A) of the Income Tax Act, 1961, within four months. The petitioner, Kerala Co-operative Deposit Guarantee Fund Board, filed for exemption under Section 10(46A) but faced a delay in the decision-making process despite submitting the application in June 2018. The Standing Counsel for the Income Tax Department assured that the Central Board of Direct Taxes ( CBDT ) has initiated the review process and promised a prompt decision. Acknowledging these assurances, Justice Dinesh Kumar Kumar directed the authorities to decide on the petitioner’s application within four months, leading to the disposal of the writ petition.
The Allahabad High Court overturned a penalty imposed on M/s Globe Panel Industries India Private Ltd for presenting a Goods and Services Tax ( GST ) E-way bill that had expired ten days prior during detention. Justice Shekhar B. Saraf noted a technical violation but emphasized the authorities’ failure to establish any intent to evade tax. Despite arguments from the petitioner’s counsel citing evidence of vehicle breakdown and proper documentation, the authorities upheld the penalty. However, the court ruled that the mere technical violation, without evidence of tax evasion intent, cannot justify the penalty under Section 129(3) of the UPGST Act. Quashing the impugned orders, the court directed the respondents to refund the tax and penalty within four weeks.
The Allahabad High Court upheld the deletion of Income Tax Addition under section 68 of the Income Tax Act, 1961, as the assessee demonstrated the genuineness of the transaction. Counsel for the Union of India-Revenue and the assessee appeared, with the revenue challenging the ITAT’s order. The court affirmed the ITAT’s decision, noting the absence of credible material to prove the transaction’s genuineness. The assessee disclosed details of the jewellers and established payment through banking channels. The court emphasized the lack of inquiry from the jeweller by the assessing authority and upheld the Tribunal’s findings based on evidence, concluding that no substantial question of law arose.
The Allahabad High Court ruled that a writ of certiorari can be issued if an inferior tribunal exceeds its jurisdiction or does not act in accordance with the law, subsequently quashing the order in the case of M/s Falguni Steels. The petitioner, an authorized dealer of Steel Authority of India Ltd., challenged the order passed by the Assistant Commissioner, Commercial Tax, regarding alleged contravention of the UPGST Act, 2017 during the transportation of goods. Despite technical errors in generating e-Way Bills, the court found that the authorities exceeded their jurisdiction and did not follow essential legal procedures, thus warranting the issuance of a writ of certiorari. Justice Shekhar B. Saraf observed that the impugned orders resulted from the authorities’ exceeding their jurisdiction, leading to the quashing and setting aside of the order.
The Delhi High Court nullified a penalty imposed under the Customs Broker Licensing Regulation, 2018 ( CBLR, 2018 ), as the commissioner overlooked that the exporters were not existent at the time of export. M/s Falguni Steels, the petitioner, contested the revocation of their Custom Broker License and the penalty imposed by the Assistant Commissioner, Commercial Tax, arguing that the exporters involved were non-existent entities. Despite the findings of the Inquiry Officer, the Court found no evidence that the Customs Broker failed to comply with the provisions of the CBLR, 2018. The Court ruled that the Customs Broker cannot be held accountable for the actions of non-existent exporters and quashed the impugned order.
The Delhi High Court recently ruled that property seized by the Enforcement Directorate ( ED ) must be returned if the investigation under the Prevention of Money Laundering Act, 2002 ( PMLA ) exceeds 365 days. This decision came after a petitioner, who was not named as an accused or investigated by the Central Bureau of Investigation ( CBI ) for over a year, sought the return of seized documents and properties. The petitioner’s counsel argued against the ED’s reliance on Section 8(3) of the PMLA, stating that no court order stayed the investigation, and the seizure occurred after the ED was restrained from taking coercive action. The court, under Justice Navin Chawla, ruled that the seizure automatically lapses if no proceedings arise within 365 days, directing the ED to return the seized items to the petitioner promptly.
The Kerala High Court dismissed a writ petition contesting an assessment and demand of Building Tax pending before the Deputy Tahsildar. The petitioner submitted a rectification application in response to the demand notice, which had been pending since January 23, 2017. The court instructed the deputy tahsildar to review and decide on the rectification application within two weeks. The interim order granted in connection with the writ petition would remain effective for the same duration. Justice Dinesh Kumar Singh concluded the case, dismissing any pending interlocutory applications.
The Bombay High Court ruled that income tax deduction on excise duty does not constitute double deduction. In a case where the Income Tax Appellate Tribunal ( ITAT ) found that allowing a certain deduction would result in double deduction, the court disagreed, citing a judgment by the Apex Court reversing a similar decision by the Calcutta High Court. The court examined the excise duty amounting to Rs. 2,08,08,346/-, noting that it was transferred to a prepaid account and added to the closing stock of finished products, leaving a sum of Rs. 60,99,426/- in the account. The court emphasised that the excise duty paid and included in the closing stock must be claimed separately as a deduction, as per Section 43B of the Income Tax Act, ensuring that the entire excise duty paid in the relevant year is claimed appropriately.
The Bombay High Court dismissed an application seeking the appointment of an arbitrator, ruling that the ‘Finality of Decision and Non – Arbitrability’ clause in the General Conditions of Contract ( GCC ) does not constitute an arbitration agreement. The case involved Kalpataru Projects International Ltd filing an application under Section 11 of the Arbitration and Conciliation Act, 1996 regarding a construction project for the Ghatkopar-Mankhurd Link Road Flyover. Despite disputes arising during and after the project’s completion, the court held that the clause in the contract did not indicate the parties’ intention to resolve disputes through arbitration, thereby rejecting the application.
The Allahabad High Court, in a ruling on a revision petition, affirmed that granite stone is not taxable under entry no.109 of the tax schedule, which covers items like sand, gitti, and stone ballast. The court upheld the Tribunal’s view that unprocessed stones fall under this entry, while processed ones do not. Rejecting the revenue’s argument that granite should be taxed at a higher rate due to its value, the court pointed out that the legislative intent was clear from the absence of granite in the notification. It emphasised that if the legislature intended to include granite, it would have explicitly mentioned it. The judgment highlighted that the exclusion of glazed stone from the entry supports the interpretation that unprocessed stones like granite are covered. Thus, the court dismissed the revision petition and upheld the Tribunal’s decision.
The Kerala High Court, affirming a single judge’s decision, dismissed the petition challenging an Assessment order under Section 148A(b) of the Income Tax Act, 1961, which was quashed due to lack of opportunity for the petitioner to be heard. Asamannoor Service Co-Operative Bank Ltd, the assessee, contested the order and subsequent notice issued for reassessment, arguing they were not given a chance to present their case despite replying to the initial notice. The court concurred with the single judge’s finding that failure to provide a personal hearing violated natural justice, leading to the quashing of the order and notice. Further, noted amendments made this requirement less stringent, indicating a simplification of the process, and ultimately dismissed the petition.
The Delhi High Court directed the respondents to address the issue of interest payable along with a refund under Section 42 of the Delhi Value Added Tax Act, 2004. Blue Star Limited sought a refund of Rs. 28,36,313/- along with interest under Section 42 of the Act. While the respondents allowed the refund, they indicated “Nil” interest in the refund order. The court, comprising Justice Sanjeev Sachdeva and Justice Ravinder Dudeja, disposed of the petition with a directive for the respondents to provide a reasoned order explaining why interest is not payable. If deemed payable, it must be disbursed within two weeks; if not, the petitioner can pursue further legal remedies.
The Kerala High Court dismissed a writ petition filed by Aji Thomas challenging an assessment order under the Kerala Value Added Tax Act, 2003 ( KVAT ) for the assessment year 2016-2017. Despite being issued notices and ample opportunities to respond, the petitioner failed to cooperate or file any objections. The State Tax Officer proceeded with the assessment based on available evidence, proposing a taxable turnover and levying tax accordingly. The Government Pleader argued that the petitioner had sufficient opportunity to present their case but failed to do so, making the petition non-maintainable. Justice Dinesh Kumar Singh held that the court cannot review the assessment order’s merits as it lacks appellate jurisdiction, ultimately dismissing the writ petition.
The Bombay High Court provided significant relief to HSBC Bank, affirming that genuine banking activities in Mauritius are exempt from Indian income tax. The respondent, a Mauritian Limited Liability Company and Foreign Institutional Investor licensed by SEBI, earned interest income on securities in India, which it claimed as exempt under the Indo-Mauritius DTAA. The Assessing Officer disputed this, arguing that the bank should have a banking license from the RBI to qualify for exemption. However, the court clarified that under the agreement, exemption applies as long as the bank conducts bona fide banking activities in Mauritius, regardless of whether it operates in India.
The Allahabad High Court, in a recent ruling, granted relief to the petitioner, Kec International Limited, by allowing their writ petition against the cancellation of a Goods and Service Tax ( GST ) refund without providing an opportunity for a hearing. The petitioner’s counsel argued that the revenue authority denied the petitioner’s adjournment request, leading to the cancellation of the refund without a hearing, violating Section 75(4) of the Act, 2017. Despite the suggestion to pursue the statutory appeal, the court acknowledged the petitioner’s right to be heard before adverse action and concluded that the denial of this right rendered the alternate remedy inapplicable. The division bench, comprising Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela, observed that the cancellation lacked a hearing opportunity and thus ruled in favor of the petitioner.
The Calcutta High Court upheld a decision concerning the refund of customs duty, stating that the principle of unjust enrichment doesn’t apply when goods are in use. The case involved M/s Dredging Corporation of India Limited, which purchased a dredger and related equipment from a Dutch firm. The customs authorities provisionally assessed the goods and later denied the refund claimed by the assessee, alleging that the duty incidence had been passed on to others. The tribunal ruled in favour of the assessee, prompting the revenue to appeal. However, the High Court affirmed the tribunal’s decision, emphasising that the burden of customs duty does not arise when goods are in use, thus dismissing the appeal.
The Bombay High Court granted a temporary stay on the demand for Goods and Services Tax ( GST ) dues related to expatriate salary payments by Mercedes-Benz, aligning with the NOS case precedent. The stay, issued by Justices G.S. Kulkarni and Firdosh Phiroze Pooniwalla, is effective until the next hearing, with the Revenue department instructed to submit a counter affidavit within two weeks. The decision references a CBIC instruction emphasising a comprehensive examination of circumstances before applying the NOS ratio and dismisses reliance on previous judgments lacking reasoned analysis. The stay was granted due to the contention that the CBIC circular was not considered in the impugned order, and a comparative position was presented showing the petitioner’s independence from the NOS case decision.
A Division Bench of the Kerala High Court has stayed coercive proceedings related to an Income Tax Demand while considering the pendency of an appeal and stay petition before the authorities. The High Court directed an expedited decision on the stay application in an earlier Single Bench order. Despite the Single Judge’s refusal to grant a stay on recovery proceedings, the Division Bench, comprising Justice A K Jayasankaran Nambiar and Justice Kauser Edappagath, emphasized the necessity of a stay during the pendency of such petitions, modifying the judgment accordingly to keep recovery proceedings in abeyance until the disposal of the stay petition or appeal, whichever comes first.
The Delhi High Court ruled that arbitration referral doesn’t bar it from scrutinizing stamp duty in a writ petition. Mrs. Vinnu Goel filed a suit against Defendants 1-3, seeking to void a Memorandum of Understanding (MOU) and partition properties. Respondents 2 & 3 filed a Section 8 application under the Arbitration & Conciliation Act for arbitration based on the MOU. The petitioner argued the MOU necessitated stamping under the Indian Stamp Act. Justice Subramonium Prasad permitted the petitioner to approach the Chief Controlling Revenue Authority to determine stamp duty, asserting the Court’s jurisdiction in the matter despite the possibility of the Arbitral Tribunal conducting a similar assessment. The Court directed the Revenue Authority to independently assess without influence from the writ petition’s observations.
The Kerala High Court nullified an assessment order due to the assessing authority’s failure to acknowledge objections to the draft assessment order. The petitioner, a non-resident Indian, filed objections to the draft assessment order before the Dispute Resolution Panel, but the assessing authority erroneously claimed no objections were filed. The Court deemed this claim inaccurate and directed a fresh assessment order, considering the objections submitted to the Panel. Thus, the writ petition was granted in favour of the petitioner.
The Kerala High Court has invalidated an assessment order due to the absence of a mandated draft assessment order under Section 144B of the Income Tax Act, 1961, and the failure to provide a copy of said draft order. The petitioner, engaged in money lending against gold ornaments, faced challenges in the assessment year 2021-22, reporting substantial losses due to fraudulent activities by staff members. Despite undergoing assessment under the National Faceless Assessment system, serious procedural concerns arose, alleging a violation of Section 144B. Justice T.R.Ravi directed the respondents to issue new assessment orders, ensuring strict adherence to Section 144B’s procedures.
The Delhi High Court has affirmed the Income Tax Appellate Tribunal’s decision, ruling that sales tax subsidies/incentives are capital receipts. The case involved M/s Indo Rama Textiles Ltd, where the central issue was determining the nature of the benefit received under the “Dispersal of Industries Package of Incentives, 1993” scheme by the Government of Maharashtra. Despite arguments linking the incentives to production, the court emphasised the scheme’s objective of dispersing industries and noted the absence of provisions for investment in fixed assets or establishing new units. Consequently, the court concluded that the financial assistance constituted a revenue receipt, supporting the ITAT’s decision.
The Telangana High Court upheld a decision stating that a differing opinion by the arbitrator does not warrant setting aside the award. The case involved a dispute over the supply of Lead Antimony Alloy Wire, where the arbitrator partially allowed the petitioner’s claim. However, the arbitrator rejected the balance amount, noting that the petitioner had collected back the rejected material as per the supply order’s terms. Despite the appellant’s contention that the arbitrator and lower court failed to consider their claim properly, the court affirmed the award, finding no grounds to set it aside. Consequently, the court dismissed the appeal.
The Delhi High Court intervened in a case regarding the retrospective cancellation of Goods and Service Tax ( GST ) registration by modifying the order. Prem Enterprises, a partnership firm engaged in manufacturing and trading sanitary goods, had its GST registration cancelled retrospectively from 10.07.2017. Despite the petitioner’s attempts to provide details, their application for cancellation was rejected twice. The court noted that the show cause notice lacked a cogent reason for retrospective cancellation and that the petitioner had no opportunity to object to it. Highlighting that registration cannot be cancelled retrospectively without valid reasons, the court modified the cancellation order to be effective from 30.06.2020, aligning with the date when the petitioner ceased business operations.
The Allahabad High Court has stayed the impugned order issued by GST authorities on 29th December 2023 and linked the case with the lead case M/s Graziano Trasmissioni, filed by M/s Rki India Limited and Another challenging the validity of GST provisions. The issue revolves around the second extension of the time period prescribed for issuing show cause notices under Section 73(10) of the GST Act, 2017. The court, noting the sustainability of the second extension, granted all respondents six weeks to submit counter affidavits and ordered the petitioners to file rejoinders within two weeks thereafter. The hearing for the lead case has been scheduled for March 11, 2024, with several other related cases consolidated for expedited resolution. Adv. Pragya Pandey and Adv. Anurag Mishra represented the petitioners, while A.S.G.I., S.S.C. appeared on behalf of Union Of India And 3 Others.
The Delhi High Court directed the release of seized currency, ruling that there was no justification for the respondent’s claim that the payment was not made and the redemption option had lapsed. The petitioner, Oguljeren Hajyyeva, a foreign national from Turkmenistan, had USD 18,500 seized at the airport under the Customs Act, 1962. Despite being allowed redemption upon payment of a fine, due to COVID-19 lockdown and subsequent restrictions, she couldn’t fulfill the process. The court observed that as the currency was already with the department, the petitioner’s deemed payment had been made, rendering the respondent’s action unsustainable. The court ordered the release of the remaining amount within two weeks.
The Madras High Court noted that the bunching of show cause notices ( SCN ) goes against the spirit of Section 73 of the Central Goods and Service Tax Act, 2017 ( CGST Act ). Senior Counsel N.L. Rajah, representing the petitioner, argued that issuing show cause notices for five assessment years in one go violates Section 73, which pertains to determination of tax due for each financial year separately. On the contrary, the Senior Standing Counsel for the respondents contended that there is no prohibition on issuing bunching of show cause notices under Section 73. Justice Krishanan Ramaswamy, in a single bench ruling, found fault in issuing bunching of notices and ordered their quashing, though the petitioner had requested for splitting them up.
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