Public Policy

Current

GST

GST  – Authority is not required to appreciate reasons for movement of vehicle without valid e-way bill.

Abinash Kumar Singh v. State of West Bengal – [2023] 148 taxmann.com 393 (Calcutta).

Section 144B

Section 144B – SC allows Revenue to file a review application to HC against impugned HC judgement as it was based on section 144B(9) which was subsequently retrospectively omitted.

National Faceless Assessment Centre v. Mantra Industries Limited – [2023] 148 taxmann.com 421 (SC).

Section 158BE

Section 158BE – Date of panchnama last drawn is the starting point of limitation of 2 years u/s 158BE for completing block assessment.

Anil Minda v. Commissioner of Income-tax – [2023] 148 taxmann.com 407 (SC).

Section 37(1)

Section 37(1) – CSR Expenditure – Explanation (2) appended to section 37(1) by Finance Act, 2014 w.e.f. 1-4-2015 is applicable prospectively from AY 2015-16; therefore, CSR expenditure incurred by assessee on or before 31-3-2014 was to be allowed as deduction u/s 37(1).

Principal Commissioner of Income-tax v. Steel Authority of India Ltd. – [2023] 148 taxmann.com 132 (Delhi).

Section 107 of CGST Act

Section 107 of CGST Act – Appeal rejected on ground of limitation will leave petitioner without remedy as GST Tribunal had not been constituted. HC remands matter to original authority for fresh decision.

Sudhakar Bodala v. Goods and Services Tax Officer  – [2023] 148 taxmann.com 302 (Andhra Pradesh).

HC Jurisdiction

High Court essentially has to arrive at conclusion whether cause of action has arisen within its jurisdiction on basis of averments made in petition memo treating the contents as true and correct.

State of Goa v. Summit Online Trade Solutions (P.) Ltd. – [2023] 148 taxmann.com 299 (SC).

Archive

GST

GST  – Authority is not required to appreciate reasons for movement of vehicle without valid e-way bill.

Abinash Kumar Singh v. State of West Bengal – [2023] 148 taxmann.com 393 (Calcutta).

Section 144B

Section 144B – SC allows Revenue to file a review application to HC against impugned HC judgement as it was based on section 144B(9) which was subsequently retrospectively omitted.

National Faceless Assessment Centre v. Mantra Industries Limited – [2023] 148 taxmann.com 421 (SC).

Section 158BE

Section 158BE – Date of panchnama last drawn is the starting point of limitation of 2 years u/s 158BE for completing block assessment.

Anil Minda v. Commissioner of Income-tax – [2023] 148 taxmann.com 407 (SC).

Section 37(1)

Section 37(1) – CSR Expenditure – Explanation (2) appended to section 37(1) by Finance Act, 2014 w.e.f. 1-4-2015 is applicable prospectively from AY 2015-16; therefore, CSR expenditure incurred by assessee on or before 31-3-2014 was to be allowed as deduction u/s 37(1).

Principal Commissioner of Income-tax v. Steel Authority of India Ltd. – [2023] 148 taxmann.com 132 (Delhi).

Section 107 of CGST Act

Section 107 of CGST Act – Appeal rejected on ground of limitation will leave petitioner without remedy as GST Tribunal had not been constituted. HC remands matter to original authority for fresh decision.

Sudhakar Bodala v. Goods and Services Tax Officer  – [2023] 148 taxmann.com 302 (Andhra Pradesh).

HC Jurisdiction

High Court essentially has to arrive at conclusion whether cause of action has arisen within its jurisdiction on basis of averments made in petition memo treating the contents as true and correct.

State of Goa v. Summit Online Trade Solutions (P.) Ltd. – [2023] 148 taxmann.com 299 (SC).