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Dharmendra M. Jani v. UOI & Ors (2021) (5) BomCR 279 / (2021) 87 GST 117 / MANU/MH/1438/20212021 (Bom) (HC ) www.itatonline.org

Goods and Service Tax Act, 2017 (IGST).

S. 13 (8) (b) : Constitutional validity – Service provider – Deeming fiction – Export of service – The export of service by the petitioner as intermediary would be treated as intra-state supply of services under section 13(8)(b) read with section 8(2) of the IGST Act rendering such transaction liable to payment of central goods and services tax (CGST) and state goods and services tax- Split judgements while deciding upon the Constitutional validity of section 13(8)(b) and section 8(2) of the Integrated Goods and Service Tax Act, 2017 (IGST).- Matter referred to Chief Justice . [ S.8(2 ) ]

N.S.S. Karayogam v. CIT (2020) 271 Taxman 193 (Ker.)(HC)

S. 271D : Penalty-Takes or accepts any loan or deposit-Ignorance of provisions or lack of banking facilities in area-Not accepted as reasonable cause when the assessee doing large scale finance business dealing with public. [S. 269SS, 273B]

PCIT v. Dinesh Chandra Jain (2020) 271 Taxman 262 (All.)(HC)

S. 271(1)(c) : Penalty-Concealment-Finding in assessment proceedings-Burden of proof-Gift held to be nongenuine-In penalty proceedings revenue authorities have to arrive at independent finding related to concealment of income or inaccurate particular. [S. 68]

Suneel Hirachand Shah v. ITO (2020) 271 taxman 97 (Mad.)(HC)

S. 254(2A) : Appellate Tribunal-Powers-Stay-Capital gains-Denial of exemption-Deposited a sum of Rs. 15.71 lakhs out of demand of Rs. 61.99 lakhs, and directed to deposit a further sum of Rs.15 lakhs and on such deposit there shall be an order of interim stay till disposal of appeal before Tribunal. [S. 10(38), 45, 254(1), Art. 226]

Chirayinkeezhu Service Co-op. Bank Ltd v. ITO (2020) 271 Taxman 72 (Ker.)(HC)

S. 250 : Appeal-Commissioner (Appeals)-Dismissal of appeal on the ground of defective appeal-Rejection of stay application-Directed to file additional memorandum of appeal and stay application. [S. 220(6), 271B, Art. 226]

Aegis Customer Support Services (P.) Ltd. v. ITO (2020) 271 Taxman 198 (Bom.)(HC)

S. 237 : Refund-Delay in processing refund-Duties of tax Authorities-Directed to process return of income as expeditiously as possible and pay refund to assessee if any due. [S. 143(1), Art. 226]

TVL Sanmac Motor Finance Ltd. v. CCIT (2020) 271 Taxman 51 (Mad.)(HC)

S. 234A : Interest-Default in furnishing return of income-Waiver of interest-legal and financial disability for a long period due to subsistence of winding up order, no interest would be payable under sections 234A, 234B and 234C for aforesaid period. [S. 119(2)(a), 234B, 234C, Art. 226]

Pirna Urban Co-op. Credit Society Ltd. v. ITO (2020) 271 Taxman 32 (Bom.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay application-Directed to dispose stay application expeditiously and until said application is disposed of the Assessing Officer should not insist upon compliance of the recovery notice. [S. 220(6), Art. 226]

Anand Developers v. ACIT (2020) 271 Taxman 44 /425 ITR 261 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Housing project-No failure to disclose material facts-Reassessment is held to be not valid. [S. 80(IB)(10)(f), 148, Art. 226]

PCIT v. Core Carbons (P.) Ltd. (2020) 273 Taxman 420 (Mad.)(HC)

S. 271(1)(c) : Penalty-Concealment-Export oriented undertakings-Bonafide claim-Deletion of penalty is held to be justified. [S.10B]