This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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Central Excise Act, 1944
S. 3 : Levy of Duty – Various charges recovered from customer
– Part of transaction value [S. 4, 4(3)(d)]

CCE Indore v. Grasim Industries Ltd. (2018) 7 SCC 233/AIR 2018 SC 3158/(2018) 68 GST 569 (SC)/2018 (360) ELT 769 (SC)

Central Excise Act, 1944
S. 2(f)(i): Manufacture includes any process- Incidental or ancillary to the completion of a manufactured product – “Manufacture” – Process of cold rolling of hot rolled strips – Extended period of limitation [Central Excise Tariff Act, 1985,
S. 11A]

Gujarat Industries Ltd. v. CCE (2016) 14 SCC 690/(2016) 53 GST 303 (SC)/2015 (326) ELT 625 (SC)

Bombay Sales Tax Act, 1959
S. 25: Registration – Retrospective cancellation of Registration- Rights of purchaser – Registration certificate (RC) of supplier in force at the time of purchase – RC cancelled thereafter with retrospective effect-assessing officer disallowed the resale claim of same goods – Rights of the purchaser are not affected by subsequent cancellation of Registration certificate – Resale claim is allowable

State of Maharashtra v. Suresh Trading Company 1996 (3) SCALE 536/(1997) 11 SCC 378/(1998) 109 STC 439 SC

Bombay sales tax Act , 1959
S. 2(11): Dealer – Business – Trust – Sale of books, booklets, pamphlets, photos, stockers and other publications containing the message of Sai Baba – Trust is held to be not dealer – Whether a particular person is a dealer or/and whether he carries on business are the matters to be decided on the facts and circumstances of each case [S. 2(5A), 2(19), 3]

CST v. Sai Publication Fund (2002) 4 SCC 57/(2002) 122 STC 288 (SC)/(2002) 122 Taxman 37/177 CTR 1/258 ITR 70 (SC)

Andhra Pradesh Value Added tax, 2005
S. 4(7): Works Contract – Contractor & Sub-contractor – Only one taxable event in works contract, that is incorporation of goods in the works – tax leviable only once on transfer of property from sub-contractor directly to the employer – No liability of main contractor [Central Sales tax Act, 1956, S. 3, 4, 5, Constitution of India, Art. 366(29A(b)]

State of Andhra Pradesh v. Larsen & Toubro Ltd. (2008) 9 SCC 191/(2008) 17 VST 1 (SC)

Andhra Pradesh General Sales Tax Act , 1957

S. 2(h): Goods – Canned software-Whether goods – meaning of software-when uploaded on physical medium, becomes marketable goods – properties such as capable of being possessed, stored, transferred, transmitted, bought and sold makes such software “goods” [S. 2(n), 5, Constitution of India, Art. 366(12) Customs Act, 1962, S. 12, 14, Indian Electricity Act, 191O, S. 39, Transfer of Property Act 1982, S. 4]

Tata Consultancy Services v. State of AP (2004) 271 ITR 401/192 CTR 257/141 Taxman 132/137 STC 620(SC)/(2005) 1 SCC 308 (SC)/AIR 2005 SC 371

Andhra Pradesh General Sales Tax Act , 1957
S. 3: Levy of a duty in certain sales of electrical energy – Levy of duty under AP/MP Electricity Duty Act-purported to be enacted under entry 53 in List II to the Seventh Schedule to Constitution- State not authorized to levy electricity duty on interState sales of electricity-Sixth Amendment to Constitution
– scope of entries 53 and 54 – Whether electricity is goods – whether interstate sales thereof taxable under CST Act, 1956 [S. 2, 6, Constitution of India Art, 132, 139A, 145, 245, 246,
269, 286, 287, 366, Central Sales Tax Act, 1956, S 3, Indian
Electricity Act, 1910, S. 39]

.State of A. P. v. National Thermal Power Corporation Ltd. (2002) 5 SCC 203/ AIR 2002 SC 1895/(2002) 127 STC 280 (SC)

S. 260A : Appeal – High Court -Dismissal of appeal on grounds of delay in fling of appeal – Cash credits -No substantial question of law [ S .68 254(1) ]

J. Stephen v. ITO ( 2018) 256 Taxman 172 / (2020)425 ITR 561 (Mad) (HC)

S.28(i):Business — Income from house property —Object of developing commercial complexes —Income earned assessable as business income [ S.22 ]

PCIT v. City Centre Mall Nashik Pvt. Ltd. (2020) 424 ITR 85 / 121 taxmann.com 87(Bom)(HC)

S.254(1) : Appellate Tribunal — Powers- Remand – Deduction at source – The Tribunal being the fact finding authority ought to look into the facts before ordering a remand on the basis of the directions issued by the Supreme Court. [ S. 194J , 201(1) 271C ]

CIT(TDS) v Jeevan Telecasting Corporation Ltd (2018) 171 DTR 145 / 305 CTR 1001/ (2020)423 ITR 496 (Ker)(HC)