Waiver of Penalty Under GST Laws: Building a Case for the Taxpayers
by Tarun Jain*
Cite as: 2024 SCC OnLine Blog Exp 27
Tax
Overlap in Customs and IGST Notification on the Same Subject-Matter
by Brijesh Kothary* and Chitrartha Gupta**
Cite as: 2024 SCC OnLine Blog Exp 25
‘Arbitrary withholding of refund claims for specific periods, despite precedents, is contrary to principles of fairness and equity’: Allahabad HC grants relief to Samsung
“Taxation serves as the cornerstone of governmental revenue, facilitating the provision of public services and infrastructure. Essential to this system is consistency, ensuring that similar factual and legal circumstances are met with uniform treatment.”
Section 10(10-AA) of Income Tax Act 1961 differentiating tax on leave encashment between State and Central Government employees, not violative of Article 14: Patna High Court
“If there is equality and uniformity in each group, the law will not become discriminatory, though due to some fortuitous circumstance arising out of peculiar situation, some included in a class get an advantage over others so long as they are not singled out for special treatment.”
Free Issue Material and Valuation under Tax: A Never Ending Dispute
by Asish Philip Abraham* and Apeksha Bansal**
Cite as: 2024 SCC OnLine Blog Exp 21
Custodian for enemy property in India does not acquire ownership of property, only acts as trustee for management and administration: Supreme Court
Supreme Court directed that any demand for payment of taxes under the UP Municipal Corporation Adhiniyam, 1959 made and thereby paid by the respondent to Municipal Corporation shall not be refunded.
Reviving BITs: Reimaging Tax Paradigm
by Tarun Jain*
Cite as: 2024 SCC OnLine Blog Exp 16
Granite stone is “stone” under Entry 109 as not processed in any manner, and taxable at 5%; Allahabad HC upholds Tribunal’s order
Allahabad High Court noted that Entry No. l09 specifically includes “stone” with the caveat that the same shall not include glazed stone, marble and marble chips.
‘No tax recovery can be made when GST Tribunal not constituted’; Patna HC imposes cost of Rs 5000 on GST Assessing Officer for ‘coercive’ tax recovery
“If the Appellate Tribunal under Bihar Goods and Services Tax, 2017 is constituted and an appeal is filed there can be no further proceedings taken for recovery of the balance amounts till the appeal is disposed of.”
Seemingly Settled Time-Limit for Filing of Refund Applications now Unsettled?
by Vishwanath K.†, Teesta Banerjee†† and Ananya Raghavendra†††
Cite as: 2024 SCC OnLine Blog Exp 9
Supreme Court to hear AAP and Gandhi family’s pleas challenging transfer of tax assessments to Central Circle
“Earlier, the Bench had verbally observed that central assessment may be necessary if there were cross transactions between individuals.”
Tax Residency Certificate and Benefit of Tax Treaties in India: The Debate Reignited
by Tarun Jain*
Cite as: 2024 SCC OnLine Blog Exp 7
10 Important White-Collar Law Judgments of 2023
by Vasanth Rajasekaran† and Harshvardhan Korada††
Cite as: 2024 SCC OnLine Blog Exp 3
Equivocal Nature of the Advisory on Input Tax Credit under Rule 37-A
by Vishwanath K*, Teesta Banerjee** and Neha ND***
Cite as: 2023 SCC OnLine Blog Exp 82
UP-VAT Act entitles assessee to claim full input tax credit on exempted goods produced as by-products during manufacturing of taxable goods: Supreme Court
The Explanation (iii) to Section 13, forbids the Assessing Authority as well as the assessee from raising any dispute regarding the allowability of the ITC in cases where exempted goods are being produced as a by-product or waste product during the process of manufacture
Madras HC directs tax department to investigate misuse of login ID and Password of dealer by third party, enabling tax evasion
Madras High Court said that if the complaint of the petitioner turns out to be untrue or was intended to facilitate fraud being committed using the login ID of the petitioner, the assets of the petitioner shall be brought to sale.
Reflections on Criticality of Show-Cause Notice in Tax Laws
by Tarun Jain†
Cite as: 2023 SCC OnLine Blog Exp 80
Supreme Court expands scope of exemption for service tax to include IIT and NIT under the definition of ‘governmental authority’
“Interpretative tools should be employed to make a statute workable and not to reach to a particular outcome.”
Drawback benefits available on gold exports despite non-payment of basic custom duty, if additional duty is paid during import: Delhi High Court
“Once the petitioner had paid the duties as contemplated under Section 3 of the Tariff Act, 1975, it could not be possibly contended that the goods were imported ‘duty free’.”
Shardul Amarchand Mangaldas & Co. advises Morgan Stanley on acquisition of majority stake in Clearmedi Healthcare Private Limited
05 September 2023 | New Delhi: Shardul Amarchand Mangaldas advised Morgan Stanley on the acquisition of a significant majority stake in Clearmedi