Case Laws Summary dated 11th January 2024

For Income Tax, GST, and misc. including important Circulars

1. Magistrate can’t hear arguments on issues of territorial jurisdiction & existence of criminal conspiracy: Delhi HC
2. SLP dismissed HC’s ruling that reimbursement of service tax isn’t liable to tax u/s 44BB
3. Sec. 54 deduction allowable even if the new house is registered in the name of the assessee’s spouse: ITAT
4. Employment for the purpose of residential status includes going abroad to do business: ITAT
5. No Sec. 263 revision if AO allowed Sec. 10(21) exemption after examining details available on record: ITAT
6. An employee cannot be penalized if the employer failed to deposit TDS after deducting it from the employee’s salary: HC
7. Income Tax Dept. conducts search operations at more than 50 premises linked to ‘Polycab India’
8. No substantial question of law arose if the order of CIT(A) was never contested on merit by revenue: HC
9. No retrospective cancellation of GST registration without giving proper SCN and hearing the assessee: HC
10. HC directed dept. to visit the assessee’s new place of business to verify whether he was carrying business before the cancellation
11. HC directs dept. to unblock ITC as the order of blocking ITC would remain valid for a period of 1 year
12. Contract for supplying aircraft and their maintenance is composite supply where principle supply is the supply of aircraft: AAR
13. SC dismissed SLP against HC’s order granting interest on refund of excess recovery of tax to VIVO
14. Investment of surplus funds with an NBFC doesn’t amount to engaging in business other than securities: SAT
15. SC issued a notice in SLP filed against HC’s ruling that TRC is sufficient evidence to claim treaty benefits
16. Turnover filter can’t be applied as a tool for cherry-picking comparables at a later stage: ITAT
17. NCLT’s ex-parte removal order of RP wasn’t to be interfered with as no sufficient cause was shown for his non-appearance
18. Moratorium shields personal guarantor from proceedings u/s 138 of NI Act amid individual insolvency case: HC
19. Civil Courts lack jurisdiction to grant injunctions on matters in which DRT is empowered under SARFAESI Act: HC

Regards,

CA Aman Rajput