Supreme Court & High Courts Weekly Round-Up

This weekly round-up analytically summarises the key stories related to the Supreme Court and High Court reported at Taxscan.in during the previous week from January 17 to January 22, 2022. M/s. Apollo Tyres Vs. ACIT The Supreme Court has agreed to consider the issue of dismissal of writ on the ground of delay can come in way for a party to file another plea involving similar contention. The division bench of Justice A.M.Khanwilkar and Justice Ravi Kumar while issuing notice in SLP assailing Kerala High Court’s order said, “the fact that decision in the petitioner’s earlier petition had attained inality, will not come in the way of the petitioner because that petition was dismissed merely on the ground of delay.” Devas Multimedia Vs. Antrix Corporation The Supreme Court has rejected an appeal filed by Devas Multimedia challenging a National Company Law Appellate Tribunal (NCLAT) Order to wind up the company. Bank of Baroda Vs. M/s. MBL Infrastructures Limited The Supreme Court held that the Persons whose guarantees stands invoked by the creditors of corporate debtor Barred From Giving Resolution Plan. CCI Vs. State of Mizoram The Supreme Court has ruled that the Competition Commission of India (CCI) cannot be prevented from investigating anti-competition Element in the tendering process of lotteries on grounds of lottery business outside the ambit of commercial intercourse. State of Gujarat Vs. Essar Steel Ltd In a setback to Arcelor Mittal, the Supreme Court has upheld the Gujarat tax department’s levy of Rs 480 crore purchase tax. Assistant Commissioner Vs. Satyam Shivam Papers The Supreme Court has held that no tax evasion on mere non-extension of Validity of E-Way Bill as traffic blockage due to agitation responsible for not providing smooth passage of traffic. FSM Education Pvt. Ltd. Vs. UOI The Bombay High Court has cancelled the GST Summon on ground of absence of any allegations. Hindustan Petroleum Corporation Vs. UOI In a partial relief to Hindustan Petroleum, the Bombay High Court has restored the SVLDR-1 declaration and directed the GST Department to grant personal hearing. Gee Yem Agro Mills Vs. State Tax Officer The Kerala High Court directed the GST Department to reconsider the plea seeking copies of witness statements as application was refused without stating any Reasons. Quest Global Engineering Services Vs. Deputy Commissioner The Madras High Court has directed the taxpayer to request customers to issue appropriate credit notes to neutralise alleged excess GST payment as litigation is barred by Limitation. M/s Krishna Fashion Vs. UOI The Delhi High Court has directed the GST Authority to de-freeze Bank accounts, and unblock Electronic Credit Ledger as relevant documents are furnished. CIT Vs. Manna Trust The Rajasthan HC upholds Order granting Section 12AA Exemption to a Charitable Trust. The division bench of Chief Justice Akil Kureshi and Justice Rekha Borana held that power under Section 263 of the Act can be exercised only when twin conditions of the order of assessing officer are erroneous and prejudicial to the interest of revenue are satisfied. The Jurisdiction of the Commissioner under Section 263 of the Act is restricted and cannot be equated with the appellate jurisdiction. The Commissioner does not sit in appeal. The Tribunal also correctly noticed that the registration of the Trust under Section 12 AA of the Act has not been disturbed. We also notice that in the earlier order when the assessing officer had denied the benefit of exemption to the trust, the Commissioner (Appeals) had reversed the order of the assessment. Manoj Jain Vs. UOI The Calcutta High Court quashed the reassessment notices for failure on part of the Income Tax Department to follow statutory formalities. Tax Bar Association of Jodhpur Vs. UOI The Rajasthan High Court has disposed of the plea seeking removal of Glitches in the Income Tax Portal. Vikas Choudhary Vs. UOI The Delhi High Court held that the state is unjustified in restricting individual’s right to travel abroad on failure to establish rights that would be ‘detrimental to economic interests of India’. Income Tax Contingent Employees Union Vs. UOI The Rajasthan High Court has dismissed the Income-Tax Contingent Employees Union Plea as it was Without Proper Authorization as minutes of meeting do not bear signatures of any of the Members of the Union. Vodafone Idea Vs. ACIT In a major relief to the Vodafone Idea, the Bombay High Court held that mere change of Opinion of the AO cannot be reason to reopen Assessment. Yashoda Shivappa Nagangoudar Vs. ITO The Bombay High Court held that a fresh Reassessment Notice to be issued for assessing additional income was not part of the original assessment. Oracle Financial Services Software Vs. DCIT In a relief to the Oracle Financial Services Software, the Bombay High court held that the change of opinion of the Assessing Officer cannot be a ground to reopen the assessment for an earlier year. Paritosh Kumar Siingh Vs. DGGI The Chhattisgarh High Court rejected the bail application to a person alleged of making forged firms to avail illegal benefits of Input Tax Credit. Dharamraj Vs. ITO The Delhi High Court has ruled the Income Tax Assessment Notice issued in the name of the deceased person not valid. Murli Industries Vs. ACIT The Bombay High Court has held that the Tax department cannot raise fresh claims after a resolution plan is approved. PCIT Vs. Agson Global The Delhi High Court has dismissed the appeal against deletion of addition for share premium or bogus purchases or Cash deposits in bank as no challenge was made to evidence. Support our journalism by subscribing to Taxscan AdFree. Follow us on Telegram for quick updates.

Supreme Court & High Courts Weekly Round-Up

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