23 ViewsThe Hon’ble Supreme Court in the State of Karnataka v. M/s. Ecom Gill Coffee Trading Pvt. Ltd. [Civil Appeal No. 230 of 2023 dated March 13, 2023] has quashed and set aside the order passed by the Hon’ble Karnataka High Court on the grounds that until the purchasing dealer discharges the burden of proof […]
Search & Seizure proceedings cannot be initiated unless there is sufficient material against the assessee
32 ViewsThe Hon’ble Supreme Court in Union of India & Ors. v. M/s. Magnum Steel Ltd. [Civil Appeal Nos. 9597-9599 of 2011 dated March 2, 2023] has held that, the person authorizing the search must express its satisfaction that the material is sufficient for it to conclude that search is necessary. Further held that, there […]
Bail denied to accused of fake invoices due to ongoing investigations to unearth more fake suppliers
The Apex Court has refused to interfere with the order passed by the Hon’ble Chhattisgarh High Court, wherein bail was denied to the accused in the alleged matter for availment of wrong Input Tax Credit, on the ground that investigations were still going on for detecting more fake suppliers and investigations might be hampered if bail was granted.
Bail Condition to deposit INR 70 Lakhs for alleged wrongful availment of ITC is not sustainable
62 ViewsThe Hon’ble Supreme Court in the matter of Subhash Chouhan v. Union of India [Criminal Appeal No. 186 /2023 dated January 20, 2023] set aside the condition imposed by the Hon’ble Chhattisgarh High Court, of depositing an amount of INR 70,00,000/- for grant of bail to the assessee, in a matter of wrongful availment […]
Integrated Desktop Computer cannot be classified as ‘portable device’
59 ViewsThe Hon’ble Supreme Court in Hewlett Packard India Sales Pvt. Ltd. & Anr. v. Commissioner of Customs (Import), Nhava Sheva [Civil Appeal No. 5373 and 6715 of 2019, dated January 17, 2023] set aside the orders of CESTAT, Mumbai, which classified the Integrated Desktop Computer as a portable device. Held that, such goods cannot be classified as ‘portable’ for the reasons that their dimensions make it illogical and unviable for […]
Replacement of old machinery with new machinery for improvement in quality/quantity results in ‘Modernisation’ and not diversification
80 ViewsThe Hon’ble Supreme Court in AMD Industries Limited v. Commissioner of Trade Tax, Lucknow and Anr. [Civil Appeal No. 108 of 2023 dated January 9, 2023] upheld the order passed by the Hon’ble Allahabad High Court holding that due to advancement in technology, if there is a replacement of the old machinery with the […]
Assessee cannot be denied relief under SVLDR Scheme for non-payment due to the legal impediment
68 ViewsThe Hon’ble Supreme Court in M/s Shekhar Resorts Limited v. Union of India [Civil Appeal No. 8957 of 2022 dated January 5, 2023] has held that the assessee cannot be denied relief under Sabka Vishwas (Legal Dispute Resolution) Scheme, 2019 (“SVLDR Scheme”) for not making payment of the dues in the prescribed time limit […]
Cess/Surcharge is not allowed as business expenditure u/s 37 of the IT Act, 1961
49 ViewsThe Hon’ble Supreme Court (“the Supreme Court”) in the case of Joint Commissioner of Income Tax v. M/s. Chambal Fertilizers & Chemicals Limited [SLP(C) No. 7379 of 2019] dated December 14, 2022, held that the term “tax” under Section 40(a)(ii) of the Income Tax Act, 1961 (“the IT Act”) should also include cess. Facts: […]
CBEC Circular related to valuation of goods sold to independent and related parties is not violative of central excise laws
121 ViewsThe Supreme Court of India (“the Supreme Court”) in the case of Commissioner of Central Excise & Service Tax v. Merino Panel Product Ltd [Civil Appeal No. 6891 OF 2018 dated December 5, 2022] held that the Circular No. 643/34/2002-CX (“Circular”) dated July 1, 2002, issued by the Central Board of Excise and Customs […]
No GST Exemption for Spinal Muscular Atrophy Medicine
86 ViewsThe Supreme Court two-judge bench of Justice M R Shah and Justice C T Ravikumar held that, a Writ of Mandamus cannot be issued directing the Government to exempt the medicine to cure Spinal Muscular Atrophy (SMA) from Goods and Services Tax (GST) as it is a policy matter of the Government. The Petitioners […]