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    SBS Wiki E Journal April 2022

    SBS Wiki E Journal April 2022

    In this 93rd edition of ours, we bring you an important ruling of Mumbai ITAT in the matter of Balaji Trust which dealt with taxation of brand ‘Essar’ received as gift. The Tribunal opined that the receipt of brand ‘Essar’ is on a capital account and cannot be included in ‘income’ as per Section 2(24) to bring the same to tax under Section 56(1) of Income Tax Act. The Tribunal also ruled out the possibility of taxing such receipt under old Section 56(2)(vii), stating that brand ‘Essar’ is not an artwork. Though there are other important aspects in the Tribunal judgment, our attention was given only to the taxation part. I urge everyone to read the entire judgment along with our article.

    The next article is on another important ruling in the context of penalties under Black Money Act. The Assessing Officer tried to levy penalty under Section 43 of Black Money Act on assessee, since she has failed to disclose that she was a second signatory to a foreign bank account. The assesse pleaded on bonafides and requested to set aside the penalty. The Tribunal stated that the stringent provisions of Black Money Act cannot be attributed unless there is a malafide and no penalties should be slapped for genuine bonafide issues.

    The final article is on the taxation of revenue sharing arrangements under Indirect Tax laws. One of the grey areas in indirect taxation is to how the revenue sharing arrangements would be taxable. The demands were being proposed only based on Circulars issued by CBIC without going into the facts whether there exists a service provider – service receiver relationship. The said task is left to the courts and tribunals, which have come to rescue of the assessees and stated that all such transactions are on principal to principal and does not attract tax. The said aspects would catch more fire in the GST era and the CBIC has to step in to provide a detailed guidance to avoid unnecessary litigation.

    I hope that you will have good time reading this edition and please do share your feedback. I will also urge clients to mail us topics or issues on which you want us to deliberate in our future editions, so that we can contribute to the same.

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