Income Tax Law Updates:

Notification/Circulars

Income Tax Circular No. 3/2022 dated 03-02-2022

CBDT Clarification regarding the Most-Favoured-Nation (MFN) clause in the Protocol to India’s DTAAs with certain countries- Reg

Goods and Services Tax Law Updates:

AAR/Case Laws/Judgements

Commissioner of Central Tax Vs. Yahoo Services Development India Pvt. Ltd. (CESTAT Bangalore; Date of Order: 09-02-2022]

The Hon’ble Tribunal held that Commissioner (Appeals) has the power of remand. The judicial pronouncements on this issue make it very clear that the Commissioner (A) has the power of remand.

Dhariwal Products Vs Union of India (Rajasthan High Court) Order dated 09-02-2022

It is held by Hon’ble High Court that during the course of Search & Seizure, the petitioner shall not be forced to deposit any amount towards GST without adhering to the procedure provided under Section 74 of the CGST Act, 2017.

Jubilee Granites India Private Limited V/s The Government of India [ANDHRA PRADESH HIGH COURT W.P. NO.2040 OF 2022] Order dt. 31-1-2022

It is held by Hon’ble High Court that since the very issue as to whether GST would be chargeable on minerals on which already royalty has been paid is actively under consideration before a Nine Judges Bench of the Hon’ble Supreme Court, in the present matter, the petitioner has made out a case for interim order. Accordingly, the matter be listed after disposal of such petition.

Veerabhadar Minerals Private Limited V/s The State of AP [ANDHRA PRADESH HIGH COURT W.P. NO. 2769 OF 2022 Date: 07/02/2022]

It is held by Hon’ble High Court that the very issue as to whether GST would be chargeable on minerals on which already royalty has been paid is actively under consideration before a Nine Judges Bench of the Hon’ble Supreme Court, in the present matter, the petitioner has made out a case for interim order.

Mohit Kirana Store V/s Central Board of Indirect Taxes and Customs [RAJASTHAN HIGH COURT D.B. CIVIL WRIT PETITION NO. 1030/2022 Order dated 25-01-2022]

It is held by Hon’ble High Court that Issuance of summons after the full enquiry was over and which also resulted into not only issuance of show cause notice but the order in original being passed, was not permissible. Under the circumstances the impugned summons are stayed.

In Re: Kapil Sons (Rajendra Kumar Baheti) [MAHARASHTRA-AAR GST-ARA-05/2021-22/B-17 Date : 08/02/2022]

The AAR has pronounced ruling that the Composite Supply of works contract for Construction of tunnel covered under Entry 3(iv) of Notification No. 11/2017-CT (Rate) dated 28.06.2017 taxable at the rate of 12%.

 

Corporate Law

MCA Notification dated 11-02-2022:

New Form CSR-2 introduced which is to be filed on or before 31-03-2022 (for FY 2020-21) by companies on whom CSR provisions are applicable.