Section 171 of CGST Act – HC admits writ petition challenging Constitutional validity of anti-profiteering provisions but declines stay on order of NAA.
Siddha Real Estate Development (P.) Ltd. v. NAA – [2023] 150 taxmann.com 48 (Calcutta).
SIM Cards, Rechargeable Coupons, Fixed Monthly Charges and Value Added Services (towards SMS, ring tones, download music etc.) cannot be subject to levy of sales tax since they are not ‘goods’ but are essentially services and, are subjected only to levy of service tax under Finance Act, 1994.
BSNL v. State of Andhra Pradesh Revenue Department – [2023] 149 taxmann.com 492 (SC).
Pre-import condition in Foreign Trade Policy for availing benefit of exemption is not arbitrary or unreasonable. There is no constitutional compulsion that while framing a new law, concessions hitherto granted should necessarily be continued.
UOI v. Cosmo Films Ltd. – [2023] 149 taxmann.com 473 (SC).
GSTN introduces new facility to verify document Reference Number on offline communications of State GST authorities.
GSTN Update dated 28-4-2023.
Section 10(23C) – Where Commissioner, while considering application of assessee for grant of exemption u/s 10(23C) (vi) specifically observed and held that activity of assessee could not be said to be solely for imparting education and that the assessee was indulging into profit making, and said finding of fact recorded by Commissioner, had not been upset by HC while setting aside order passed by Commissioner denying exemption u/s 10(23C)(vi), impugned judgement and order by HC was to be quashed and set aside.
UOI v. Baba Banda Singh Bahadur Education Trust – [2023] 150 taxmann.com 40 (SC).
Section 245C/245D – Where HC observed that order passed by Settlement Commission was a nullity, HC Order rejecting assessee’s challenge against order of the commission and consequential assessment was to be set aside.
Jagdish Transport Corporation v. UOI – [2023] 150 taxmann.com 8 (SC).
Explanation 5 to section 32(1) is not applicable for AY 1999-2000, and therefore HC was right in upholding Tribunal’s decision allowing assessee to withdraw its depreciation claim.
ACIT v. G. E. Lighting (I.) (P.) Ltd. – [2023] 149 taxmann.com 471 (SC).
The question that what proportion of profits arose or accrued in India is a question of fact.
DIT v. Travelport Inc. – [2023] 149 taxmann.com 470 (SC).