CUS – It is not open for Department to take a different stand on same issue in Mumbai and Hyderabad, such a differential classification would negate very purpose of Tariff Act on one hand and would cause avoidable litigation for importers on the other.
CC Vs. Reliance Jio Infocomm Ltd., 2022-TIOL-CESTAT-MUM.
GST – Implementing DIN for all communications sent by State Tax Officers may bring in transparency and accountability in indirect tax administration – Council to issue advisory.
Pradeep Goyal v. UOI, 2022-TIOL-66-SC-GST.
Service Tax – Once a lump-sum had been charged for sale of CD and sales tax had been paid thereon, service tax could not be levied once again on ground that updates were being provided; once it is accepted that software put in CD is “goods”, then there cannot be a separate service element in transaction.
Commissioner of Service Tax Delhi v. Quick Heal Technologies Ltd. – [2022] 141 taxmann.com 146 (SC).
Validity of Status Holder Certificates issued in F.Y. 2015-16 & 2016-17 extended till 30-09-2022.
Public Notice No. 21/2015-20, dated 05-08-2022.
CUS – In spite of admission of importer, Revenue is required to satisfy requirements prescribed under section 14 of Customs Act r/w Customs Valuation Rules before any enhancement of valuation.
CMR Nikkei India Pvt. Ltd. Vs. CC, 2022-TIOL-700-CESTAT-AHM.
Receipts from sale of Carbon Credits, which is generated due to environmental concerns, is a capital receipt.
Dwarikesh Sugar Industries Ltd. v. Assessing Officer, National Faceless Assessment Centre, Delhi, 2022-TIOL-889-ITAT-MUM.
No violation of principles of natural justice if assessee utilised short time-limit given to him to file objections.
Shanavas M. v. National Faceless Assessment Centre – [2022] 141 taxmann.com 74 (Kerala).
Sec. 92C – TP – Where assessee had 100 % imported traded goods which resulted in higher customs duty than comparables, suitable adjustments on account of customs duty should be made to iron out differences of Profit between profit of assessee company and comparables.
Deputy Commissioner of Income-tax v. India Kawasaki Motors (P.) Ltd. – [2022] 141 taxmann.com 22 (Pune-Trib.).
CBDT notifies Forms No. 1 & A to be furnished by person claiming COVID-19 tax exemptions.
Notification No. 91/2022, dated 05-08-2022.
CBDT notifies list of documents to be submitted by employee to claim exemption on sum received for COVID-19 treatment.
Notification No. 90/2022, dated 05-08-2022.