When assessee – insurance company had received entire premium prior to date of enhancement of tax rate, was not liable to pay tax at enhanced rate.
Commissioner of Central Excise Pune III v. Bajaj Allianz General Insurance Company Ltd. – [2022] 142 taxmann.com 342 (SC).
Goods in transit cannot be detained for expiry of e-way bill if there is no intent to evade tax.
Hanuman Ganga Hydroprojects (P.) Ltd. v. Jt. Commissioner, State Tax Authority, Siliguri – [2022] 142 taxmann.com 348 (Calcutta).
Excise – MoDVAT – Classification of a product done at the consignor’s end shall be final and that cannot be changed/questioned at the consignee’s end.
Steel Authority of India Ltd. Vs. CCE & C, 2022-TIOL-77-SC-CX.
FTP 2015-2020 amended to permit payment of exports and imports in INR to sync with RBI guidelines.
Notification No. 35/2015-2020 dated 16-09-2022.
Assessee entitled to get refund of IGST paid on ocean freight along with interest.
Torrent Power Ltd. v. Union of India – [2022] 142 taxmann.com 314 (Gujarat).
Sec. 194C – ‘OLA’ is not liable to deduct tax u/s 194C while making payment to Cab Drivers.
ANI Technologies (P.) Ltd. v. DCIT (TDS) – [2022] 142 taxmann.com 442 (Chandigarh-Trib.).
Sec. 115JB – Notice was issued in SLP filed against HC order that provisions of section 115JB, as it stood prior to its amendment by Finance Act, 2012, would not be applicable to a banking company, governed by provisions of Banking Regulation Act, 1949.
Principal Commissioner of Income-tax v. Central Bank of India – [2022] 142 taxmann.com 184 (SC).
Sec. 9 – Foreign tax credit cannot be disallowed where assessee has filed Form No. 67 before completion of the assessment.
Sonakshi Sinha v. Commissioner of Income-tax – [2022] 142 taxmann.com 414 (Mumbai-Trib.).
Sec. 40(a)(ii) – TDS not like income-tax which is required to be paid on profits & gains chargeable to tax u/s 28 and thus not disallowable u/s 40(a)(ii). Consequently, interest paid u/s 201(1A) upon late payment of TDS cannot be disallowed u/s 40(a)(ii).
Welkin Telecom Infra (P.) Ltd. v. DCIT – [2022] 142 taxmann.com 146 (Kolkata-Trib.).
Sec. 206C – TCS provisions not applicable on assessee trading timber sawn after importing from other countries.
PCIT (TDS) v. Nirmal Kumar Kejriwal – [2022] 142 taxmann.com 141 (Calcutta).