GST – AAR -Maharashtra
“The Applicant offers optional Parental Mediclaim insurance for employees’ parents. As per this scheme, the Applicant initially pays the entire premium and 50% of the premium is recovered from the respective employees who opt for parental insurance scheme. Whether recovery of 50% of Parental Health Insurance Premium from employees, amounts to supply of service under Section 7 of the CGST Act, 2017 and whether GST is payable on recovery of 50% of the insurance premium from the salary of the employees? “
Digest of case laws
Online digest of latest case laws
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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“Applicability of GST over and above Rs. 7,500; GST on reimbursement of electricity charges; GST on collection of sinking fund / corpus fund.”
GST – AAR- Kerala .
“Whether the discount provided by the Principal Company to their dealers through the applicant is taxable under the GST laws? Whether the amount shown in the Commercial Credit note issued to the applicant by the Principal Company attracts proportionate reversal of input tax credit? Is there any tax liability under GST laws on the applicant for the amount received as reimbursement of discount or rebate provided by the Principal Company as per agreement between the Principal Company and their dealers and also an agreement between the principal and distributors? “
S. 151 : Reassessment – Sanction for issue of notice –Joint Commissioner of Income tax -Reopening of assessment with the approval of Commissioner is held to be not valid [ S.147, 148 , 151(2) ]
PCIT v . Khushbu Industries ( 2019) BCAJ- January -P. 47 (Bom) (HC)S. 5 : Scope of total income -Accrual- Year of taxability -Income accrues only when it becomes due – When the other party accepts the liability to pay the amount .[ S.4, 145 ]
PCIT v .Rohan Projects ( 2020)( 2020) 269 Taxman 212 ( Bom) (HC)S. 68 : Cash credits – Share application money and share premium- Identity , genuineness of transaction, creditworthiness is proved – Deletion of addition is held to be justified .
PCIT v. Shree Rajalakshmi Textile Park Pvt Ltd ( 2020) BCAJ-January -P. 46 ( Bom) (HC)S. 271(1)(c) : Penalty – Concealment – Disallowance of expenditure – Deletion of penalty is held to be valid .
DCIT v. Akruti Kailash Construction ( 2020)BCAJ-January – P.34 (Mum) (Trib)S. 80AC : Return to be furnished – Housing projects- Fling of return of income u/s 139(1) is mandatory for claiming the deduction u/s 80IB (10) -Not eligible to claim the deduction . [ S.80IB(10),139(1) ]
Uma Developers v ITO ( 2020)BCAJ-January – P.34 (Mum) (Trib)S. 147 : Reassessment – Sale of agricultural land – Book profit-Erroneous application of law – Mechanical application of mind- Reassessment is held to be not valid .[ S. 2(14(iii) , 115JB ,148, 151, 263 ]
Krish Home Pvt Ltd v. ITO ( 2020) 78 ITR 101 (Jaipur)(Trib), www.itatonline.orgS. 147 : Reassessment – After the expiry of four years- Tangible material is required – Live link with such material for formation of the belief- Reason must specify as to what is the nature of default or failure on the part of the assessee- Reassessment notice is quashed . [ S. 40(a)(ia),148 , 194, 194I , Art .226 ]
BPTP Ltd v. PCIT ( 2020) 185 DTR 372 (Delhi)(HC), www.itatonline.org