Tax INFORM- October 2023

The thirty-fourth issue of our monthly tax newsletter – Tax Inform, is out. Through these newsletters, we provide a compilation of key tax-related case laws, circulars, notifications, etc. issued by the authorities in the previous month, impacting entities and individuals operating in India.

The highlights of the current issue are:

Direct Tax – 

Domestic Tax Rulings:

• Supreme Court classifies telecom licence fee as capital expenditure.
• Jharkhand HC quashes criminal proceedings initiated against the Assessee u/s 276CC of the Act.
• Change of opinion does not constitute justification for initiating the reassessment proceedings u/s 148 of the Act: Bombay HC.

Notifications/ Circulars:

• Notification No. 89 /2023/ F.No.370142/36/2023-TPL
• Notification No. 83/2023/ F. No.370142/32/2023-TPL

Indirect Tax – 

Goods & Services Tax

Case Laws:

• Operator of Namma Yatri not liable to pay GST as services not supplied “through” the e-commerce operator: Karnataka AAR.
• Telangana HC holds that the Assessee must be provided with an opportunity of being heard before garnishee proceedings can be initiated.
• Telangana HC states that services supplied by the Director to its company (security to bank) are subject to GST under the Reverse Charge Mechanism.

Notifications:

• Notification F. No. CBIC-190354/180/2023-TO(TRU- II)-CBEC
• Notification F. No. CBIC-190354/173/2023-TO(TRU-II)-CBEC