Friends, the Year 2022 will be remembered for some of the landmark, unprecedented and peculiar judgements passed by the hon’ble Supreme Court in Tax Laws.
As we bid adieu to the Year 2022, and Welcome the New Year 2023, I take pleasure in sharing my Poetic Tribute to the Landmark Judgements passed by Hon’ble Supreme Court in the Year 2022, capturing all the important ratio decidendi in these judgements in a poetic manner. Hope You will find it enjoyable and useful.
A Poetic Tribute to Landmark Judgments of Supreme Court in the Year 2022
Friends, the Year 2022 will be remembered for some of the landmark, unprecedented and peculiar judgements passed by the hon’ble Supreme Court in Tax Laws.
As we bid adieu to the Year 2022, and Welcome the New Year 2023, I take pleasure in sharing my Poetic Tribute to the Landmark Judgements passed by Hon’ble Supreme Court in the Year 2022, capturing all the important ratio decidendi in these judgements in a poetic manner. Hope You will find it enjoyable and useful.
Landmark SC Judgements in 2022- A Poetic Tribute
As Year 2022 is Passing-by,
Let us Recapitulate some landmark SC Judgements over ‘Chai’.
In one of its kind cases of ‘UOI vs Ashish Agarwal’,
SC invokes Article 142 of the Constitution to prevent Revenue’s Fall.
Holding old 148 Notices as Valid Deemed 148A Notices,
The SC’s Order tries to Mitigate Revenue Losses.
In ‘ACIT vs Ahmedabad Urban Development Authority’,
SC brings in tax-net, the Profit-making General Public Utility.
In ‘New Noble Educational Society vs CIT’,
SC rejects ‘Pre-dominant Objective’ for ‘Sole Education purpose Exclusivity.
In ‘PCIT vs Wipro Limited’,
SC stipulates Scope of Revised Return to be Restricted.
Mandating Exemption Requirements to be strictly Complied,
Fresh Claim in Revised Return to be Denied.
In ‘Checkmate Service Private Ltd vs CIT’,
SC rejects petitioner’s claim of belated PF ESI Plea.
In ‘CIT vs Mansukh Dyeing & Printing Mills,
SC adds Assets Revaluation credited in Partners Capital in Firm’s Taxable Bills.
In ‘CIT vs Mohit Minerals,
SC brings Ocean Freight’s ‘GST under RCM’ Liability’s Funeral.
Upholding only the ground of ‘Composite Supply’,
Giving all other Grounds including Unconstitutionality of Notifications a Go-by.
In ‘UOI vs FILCO Trade Centre Private Limited’,
SC opens up GSTN portal, holding substantive ITC right not to be Restricted.
Giving Supremacy to Substantive Right of ITC over Procedure,
SC allows transitional ITC when GST was inserted in Legislature.
Wishing You All a very ‘Happy New Year 2023’,
Blessed with Success, Happiness, Merriment & Glee.
[By Mayank Mohanka]
About the Author: Sh. Mayank Mohanka is a seasoned Tax Practitioner, a Fellow Member of the Institute of Chartered Accountants of India and a Bachelor of Commerce, in Honours Degree from Shree Ram College of Commerce (SRCC), Delhi University. He is a Senior Partner in a Noida based established and reputed CA Firm, M/s S M Mohanka & Associates. He is the Founder Director in M/s TaxAaram India Pvt Ltd, and has recently launched his unique Start-up Venture taxaaram.com, India’s first digital platform offering painless, seamless and cost-effective professional e-services in relation to faceless assessments, appeals and other statutory e-compliances. He has a 16+ years of rich and profound experience in the field of Taxation (Direct & Indirect), and Advisory. He makes Representations for a widely diversified cross section of industries including Power Sector, Banking & Finance, Real Estate, Food Processing, Infrastructure, Manufacturing, Education and Information Technology, before Authority for Advance Rulings, ITAT, Education Boards and other appropriate forums. He has also given his opinion on the ESI issue of the India Today Group. He has to his credit 100 distinguished, informative, useful and practically oriented published articles in reputed journals, sites and platforms including CaclubIndia, and Taxmann, on wide ranging subjects including Income Tax, GST, PF, ESI, IBC, Corporate Laws, Education Acts & FEMA. He has also authored ‘Best Seller’ Professional Books titled “Faceless Assessment, Appeals & Penalty Ready Reckoner with Real Time Case Studies” and “Case Studies & Procedures under Direct tax Vivad se Vishwas Act, 2020”, with Taxmann Publications, and the Book ‘SUPER 21’, treasuring his real-life winning representations on Income Tax, GST, PF, ESI, IBC & Banking Regulation Act, in his professional practice. He can be contacted at 9999981515 or mayankmohanka@gmail.com.
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Posted on: December 31st, 2022
In an attempt to momentarily lighten (not en-…)the harsh FACTS (of learning to LIVE with TAXES) :
“….capturing all the important ratio decidendi in these judgements in a POETIC manner……”< !
If sportive enough to likewise find a shade of POEM, in also inspirational QUOTES:
“There is no worse tyranny than to force a man to pay for what he does not want merely because you think it would be good for him.” ―
Robert A. Heinlein, The Moon Is a Harsh Mistress.
“Death, taxes and childbirth! There's never any convenient time for any of them.” ―
Margaret Mitchell, Gone with the Wind.
“One thing is clear: The Founding Fathers never intended a nation where citizens would pay nearly half of everything they earn to the government.” ―
Ron Paul.
“We contend that for a nation to try to tax itself into prosperity is like a man standing in a bucket and trying to lift himself up by the handle.” ―
Winston S. Churchill.#
# Didn’t Benjamin Franklin say the same, verbatim (<copy paste !?) – albeit often half-quoted !
NEW YEAR wishes for PROSPERITY (<wealth X health)
Who SAID LAWs and ‘POEM’ are not BEDmates ?> https://www.facebook.com/swaminathanv3/posts/pfbid03537QYTCAQJhyfG8sXyr4seBjEzcGyidXLANTJYwA4sjCupgVJxYL8HNGJfh1ikjCl