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2021-TIOL-NEWS-213 Part 2 | September 08, 2021

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INCOME TAX

2021-TIOL-1462-ITAT-MUM

Vinay Kumar Mundra HUF Vs ITO

Whether for write off of bad debts as irrecoverable, the assessee is not under obligation to show that the debt has in fact become irrecoverable - YES: ITAT

- Assessee's appeal allowed: MUMBAI ITAT

2021-TIOL-1461-ITAT-MUM

DCIT Vs Morries Energy Ltd

Whether re-opening of assessment is sustainable where it is not based on any fresh evidence but is instead triggered by change of opinion on part of the AO - NO: ITAT

- Revenue's appeal dismissed: MUMBAI ITAT

2021-TIOL-1460-ITAT-DEL

Alloy Cast Pvt Ltd Vs ITO

Whether issue can be considered afresh when submission of assessee contains factual information that goes to root of matter and it becomes important to consider same - YES : ITAT

- Matter remanded: DELHI ITAT

2021-TIOL-1459-ITAT-KOL

Ashok Kumar Ghosh Vs ACIT

Whether in the absence of production of the books of accounts, it would be apt to reject the books of accounts and frame the assessment in terms of Section 145(3) of the Act - YES: ITAT

- Assessee's appeal allowed: KOLKATA ITAT

 
GST CASE

2021-TIOL-1810-HC-KERALA-GST

Powernet India Pvt Ltd Vs UoI

GST - Cancellation of registration - Registration of petitioner came to be cancelled after issuing SCN - Reason for cancellation of registration is suo motu cancellation due to non-filing of returns - The petitioner had filed an application for revocation of cancellation of registration, but, that application was also rejected as it was filed after 90 days of order cancelling registration - The petitioner had remedy of challenging cancellation of registration by filing an appeal which it has not availed - The cancellation of registration was on 14.01.2019 and that order has attained finality - Petitioner cannot be heard to say that as now the amnesty scheme as framed by Government and as the petitioner wants to avail the benefit of that Amnesty Scheme, the registration which was cancelled needs to be revoked - The petitioner was sleeping over its right after cancellation of its registration - There is undue delay even in filing an application for revocation of registration so also even in approaching this Court: HC

- Petition dismissed: KERALA HIGH COURT

 
INDIRECT TAX

2021-TIOL-233-SC-CUS-LB

CC Vs Agarwal Metals And Alloys

Cus - Show cause notice(s) were issued by Additional Director General (ADG), Directorate of Revenue Intelligence (DRI) - In view of decision dated 09.03.2021 in Canon India Private Ltd. = 2 021-TIOL-123-SC-CUS-LB, Revenue appeals fail as the ADG is not a “proper officer” within the meaning of Section 28(4) read with Section 2(34) of the Customs Act, 1962 – Appeals stand dismissed: Supreme Court LB

- Appeals dismissed: SUPREME COURT OF INDIA

 

 

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NEWS FLASH

TN mops up close to Rs 34000 Cr revenue from sale of liquor in FY 2020-21

Access to regular potable water is a fundamental right, rules Bombay HC

Russian Emergencies Minister dies after lurching off cliff to rescue cameraman

Govt tells SC women to be admitted to National Defence Academy on permanent commission basis

IAF to induct 350 fighter planes in next 20 years: Air Chief Marshal

TIOL Knowledge Foundation invites nominations for National Taxation Awards 2021 - Visit www.tiolawards.in

Quake measuring 7.0 strikes famed resort town near Mexico City; Not much damage reported so far

 
TOP NEWS

Govt okays Rs 10683 Cr PLI Scheme for textiles

Cabinet okays pact for recruitment of Indian citizens to work in Portugal

Cabinet approves ICAI & Azerbaijan counterpart MoU

Cabinet increases MSP for Rabi crops for marketing season 2022-23

 
ORDER

CBDT promotes two officers as CCIT

CBDT promotes 7 IRS officers as JCIT on ad hoc basis

 
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