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2021-TIOL-NEWS-080 Part 2 | April 06 2021
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Dear Member,
Sending following links. Warm Regards,
TIOL Content Team
TIOL PRIVATE LIMITED.
For assistance please call us at + 91 850 600 0282 or email us at helpdesk@tiol.in. |
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INCOME TAX |
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2021-TIOL-639-ITAT-KOL
Sati Nath Chatterjee Vs ITO
Whether a loan taken by an assessee can be treated as unexplained money u/s 69A of the Act, where the source of the loan has been acknowledged as being a registered bank - NO: ITAT
- Assessee's appeal partly allowed: KOLKATA ITAT
2021-TIOL-638-ITAT-MUM
JCIT Vs Reliance Communication Infrastructure Ltd
Whether TDS u/s 194H need not be deducted in respect of a transaction occurring between two persons on principal to principal basis - YES: ITAT
Whether disallowance u/s 14A can be framed where the assessee has not earned any exempt income during the relevant AY - NO: ITAT
- Revenue's appeal dismissed: MUMBAI ITAT
2021-TIOL-637-ITAT-DEL
Jagat Singh Vs ITO
Whether a Fasli Khasra is an official document prepared by the Revenue based on physical inspection of agricultural land & so a presumption of truth is attached to such document - YES: ITAT Whether therefore, the Revenue cannot reject the Fasli Khasra based on conjectures or surmises - YES: ITAT Whether estimating agricultural income on the basis of Khatoni which is irrelevant to the relevant AYs is sustainable in the face of Fasli Khasra for the period under consideration showing regular cultivation - NO: ITAT
- Assessee's appeals allowed: DELHI ITAT
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INDIRECT TAX |
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2021-TIOL-155-SC-NDPS
Gurdev Singh Vs State of Punjab
NDPS - The original accused was found to be in possession of 1 kg heroin which is four times more than the minimum of commercial quantity - 250 gm and above of Narcotic substance/drug is a commercial quantity as per the NDPS Act - The minimum sentence provided under Section 21 of the Act is 10 years R.I. - So far as the commercial quantity is concerned, it may be upto 20 years R.I. - While considering the request made on behalf of accused to award lesser punishment and to take lenient view while sentencing him, the Special Court in fact has taken into consideration the relevant facts/factors while not imposing the maximum punishment of 20 years R.I. and awarding the sentence of 15 years R.I. - Therefore, as such, it cannot be said that the Special Court has not at all applied its mind while awarding the sentence - Submission of accused that the main supplier has not been apprehended/arrested and he is a carrier only cannot be a ground to interfere with the sentence imposed by Special Court confirmed by High Court - In most of the cases the main supplier, who may be from outside country may not be apprehended and/or arrested - Once the accused is found to be in illegal possession of narcotic substance/drugs, can be awarded the sentence higher than the minimum prescribed/provided under the Act - The appellant was found to be in possession of 1 kg heroin and he sold it to the informant - Therefore, he cannot be said to be a mere carrier - While awarding the sentence/punishment in case of NDPS Act, the interest of the society as a whole is also required to be taken in consideration - While striking balance between the mitigating and aggravating circumstances, public interest, impact on the society as a whole will always be tilt in favour of suitable higher punishment - Therefore, merely because the accused is a poor man and/or a carrier and/or is a sole bread earner cannot be such mitigating circumstances in favour of accused while awarding the sentence/punishment in case of NDPS Act - Even otherwise, the Special Court has taken into consideration the submission on behalf of accused that he is a poor person; that he is sole bread earner, that it is his first offence, while not imposing the maximum punishment of 20 years R.I and imposing the punishment of 15 years R.I. only - There is no substance in the present appeal and the same is dismissed: SC
- Appeal dismissed: SUPREME COURT OF INDIA |
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