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2021-TIOL-NEWS-269 Part 2 | November 15, 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 7838594749 or email us at helpdesk@tiol.in. |
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TIOLAWARDS |
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INCOME TAX |
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2021-TIOL-1841-ITAT-DEL
Singtel Global (India) Pvt Ltd Vs DCIT
Whether writing off advance recoverable is a genuine business expense allowable u/s 37(1) & cannot be treated as a capital expenditure, as no benefit of enduring nature arises therefrom - YES: ITAT
- Assessee's appeal partly allowed: DELHI ITAT
2021-TIOL-1840-ITAT-MUM
Dynamic Realty Ventures Vs ACIT
Whether it is fit case for remand where additions framed u/s 68 on grounds of unexplained cash credit are sustained by the CIT (A) without considering evidence establishing the creditworthiness of the creditors - YES: ITAT
- Matter remanded: MUMBAI ITAT
2021-TIOL-1839-ITAT-AMRITSAR
Sukhdev Singh Vs ITO
Whether Since CIT (A) has just rejected evidentiary value of unregistered sale agreements without examine details submitted before it, case is to be restored to CIT (A) for afresh consideration- YES: ITAT
- Matter remanded: AMRITSAR ITAT
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INDIRECT TAX |
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2021-TIOL-255-SC-CX
Hero Motocorp Ltd Vs CCE
CX - The impugned SCN has still not been withdrawn despite the caution extended on 08.11.2021 - Reply, if any be filed within two weeks.
As regards to another appeal, not only that the review Petition was dismissed on 25.08.2020 both on delay and merits, a false averment has been made that the review petition was only dismissed on limitation - That is a ground itself apart from anything else for dismissal of application: SC
- Miscellaneous application disposed of: SUPREME COURT OF INDIA
2021-TIOL-2160-HC-RAJ-NDPS
Mohan Lal Vs State of Rajasthan
NDPS - The trial court vide impugned judgment convicted and sentenced the appellants for offence under Section 8/18 of NDPS Act - The order of conviction is not challenged, however, it is submitted that the appellants are behind the bars and have already served the total sentence of 11 years 04 months out of the total sentence of 15 years - So a lenient view should be taken and the sentence awarded to appellants should be reduced to that of already undergone by him - The conviction recorded by trial court is hereby upheld - As far as the sentence is concerned, the trial court has awarded a total punishment of 15 years RI to each appellant and in default of payment of fine to undergo two years' RI - Applying the law laid down by Supreme Court in the case of Shahfjad Khan Mahebub Khan Patha , as the appellant is a first time offender, sentence of 15 year as imposed by trial court upon the appellant is hereby reduced to 10 years - As regards to the default sentence in lieu of fine, it is evident that the trial court has imposed a fine of Rs. 1,50,000/- and in default of which, trial court has imposed two years' R.I. - In view of the principles of law laid down by Apex Court in said decision, the order of payment of fine is hereby maintained, however, the sentence awarded in default of payment of fine i.e. two years' R.I. is hereby reduced to one year R.I. - Since the appellants have already served 11 years 04 months R.I, they may be released forthwith, if not required in any other case: HC
- Appeal partly allowed: RAJASTHAN HIGH COURT
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