Section 8(2) – (provisions relating to Intra-State Supply) and section 13 (provisions relating to place of supply of services where location of supplier or recipient is outside India), of IGST Act are legal, valid and constitutional and are confined in their operation to provisions of IGST Act only, and same cannot be made applicable for levy of tax on services under CGST Act or Maharashtra GST Act.
Dharmendra M. Jani v. UOI – [2023] 151 taxmann.com 91 (Bombay).
Section 56 of CGST Act – Interest on delayed refunds – In case of inordinate delay in disbursing refund, interest is payable even in cases where statutory provision is not available for payment of interest.
Sesame Workshop Initiatives (India) (P.) Ltd. v. UOI – [2023] 151 taxmann.com 52 (Delhi).
Section 54 of CGST Act – Refund – Assessee paid IGST on Ocean Freight charged by foreign vessel provider to overseas supplier for transportation of goods upto customs clearance destination in India on basis of Notification No. 8/2017 – IT(Rate) and No. 10/2017 – IT(Rate), both dated 28-6-2017, since impugned notifications had already been declared ultra-vires, IGST collected was to be refunded along with interest.
Krishak Bharati Co-operative Ltd. v. UOI – [2023] 151 taxmann.com 42 (Gujarat).
Order passed against driver of vehicle would not be prejudicial to rights of consignor or consignee to appeal.
Delhivery Ltd. v. State of U.P. – [2023] 151 taxmann.com 43 (Allahabad).
Anticipatory bail was denied to accused allegedly involved in acquiring goods against fake invoices with fake GST numbers.
Sheetal Mittal v. State of Rajasthan – [2023] 151 taxmann.com 9 (SC).
Section 15 – CGST Act – Since reimbursement of expenses for providing Motor Vehicle hire services is nothing but additional consideration for providing these services, therefore, service provider has to charge GST on whole amount of bill which includes monthly rentals plus night charges and fuel on mileage basis.
Uttarakhand Public Financial Strengthening Project, In re – [2023] 151 taxmann.com 5 (AAR – UTTARAKHAND).
ITAT Special Bench Members benchmark ‘Bundle of sports broadcasting rights’ with ‘Other Method’ as being Most Appropriate Method, Vice President disagrees.
Star India (P.) Ltd. v. ACIT – [2023] 151 taxmann.com 77 (Mumbai-Trib.) (SB).
CBDT issues clarifications on monetary limits & exceptions applicable to cases falling u/s 158AB relating to procedure where an identical question of law is pending before HCs or SC.
Circular No. 8/2023, dated 31-5-2023.
No continuation of Income-tax proceedings if the assesse’s petition as corporate debtor admitted under IBC.
DCIT v. Sumeet Industries Ltd. – [2023] 150 taxmann.com 464 (Surat – Trib.).
Section 56 – Share Premium – Object of deeming an unjustified premium charged on issue of shares as taxable income u/s 56(2)(vii) is wholly inapplicable to transactions between holding and its subsidiary company where no income could be said to accrue to ultimate beneficiary i.e., holding company. Thus, revisional action by Principal Commissioner u/s 263 to examine genuineness of transaction, credit worthiness of the persons from whom share premium had been received was unjustified.
BLP Vayu (Project – 1) (P.) Ltd. v. PCIT – [2023] 151 taxmann.com 47 (Delhi-Trib.).