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2021-TIOL-NEWS-276 Part 2 | November 23, 2021

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INCOME TAX

2021-TIOL-1885-ITAT-DEL

SN Arora Vs ITO

Whether additions framed on ground of unexplained cash credit can be sustained where no cash deposits are found to have been made in the assessee's bank account & where any deposits are made through cheque - NO: ITAT

- Assessee's appeal allowed: DELHI ITAT

2021-TIOL-1884-ITAT-DEL

ACIT Vs National Council of Hotel Management And Catering Technology

Whether additions in respect of prior period expenses merit being framed where the assessee is an educational institution & where it was not formed with profit motive & where assessee makes no claim u/s 10(23)(iiiab) - NO: ITAT

- Revenue's appeal dismissed: DELHI ITAT

2021-TIOL-1883-ITAT-JABALPUR

ITO Vs Narayan Mishra

Whether re-opening of assessment merits being sustained where it is not based on any new material which was not already available before the AO while framing original assessment - NO: ITAT

- Revenue's appeal dismissed: JABALPUR ITAT

 
TODAY'S CASE (INDIRECT TAX)

GST - Bail denied considering applicant's likelihood of jumping bail - economic offences corrode democratic fabric & public probity & hence are gravest offences: HC

 
GST CADE

Yogender Singh Vs State of Haryana

GST - Bail application - The present application was filed u/s 437 of the CrPC who has been in custody since 23.10.2021 - The applicant claimed to have been put behind bars due to the high-handedness of Intelligence Officers of the GST Department - The applicant further claimed to have been falsely implicated and that he had nothing to do with the firms accused of ITC fraud - The applicant claimed to be engaged in accounting for various firms & that various signed & unsigned documents were found in his office, on the basis of which the applicant had been implicated - The GST Department in turn stated that investigation in this case is still under way and the applicant-accused played an active role in commission of crime under Section 132 of CGST Act and he should not be released on bail in this case.

Held - The applicant does not deserve to be released on bail - It is settled preposition of law that economic offences in itself are considered to be gravest offence against the society at large and hence are required to be treated differently in the matter of bail - It seems that the entire community would aggrieved if the economic offenders who ruin the economy of the State are not brought to book as such offences affects the very fabric of democratic governance and probity in public life - The economic offence is supposed to be committed with cool calculation and deliberately with an eye on personal profit regardless of the consequence of the community - A disregard for the interest of the community can be manifested only at the cost of forfeiting the trust and faith of the community in the system to administer justice in an even handed manner without fear of criticism from the quarters which view white collar crimes with a permissive eye unmindful of the damage done to the national economy and national interest - If accused is released on bail then there are likely chances of him to jump bail - Hence, bail application rejected: HC

- Bail application dismissed: PUNJAB AND HARYANA HIGH COURT

 

 

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NEWS FLASH

Income tax raids gutka distributor in Gujarat; Rs 100 Cr unaccounted income found

NITI Aayog's Urban India Index - Dhanbad & Meerut at bottom and Shimla & Chandigarh top tally

Delhi Metro to run driverless train on Pink Line on Thursday

GST - GoM to meet on Saturday in Delhi; likely to focus only on Inverted Duty cases

Delhi to roll out cyber police station in every district from Dec month

SC tosses out fresh petition against Central Vista Project; Govt says expanding green areas around project

CBI chargesheets former NIA officer for obtaining call details of IRS officer Sansar Chand accused of corruption

Jewar Airport in Nodia to be net-zero emission airport

 
PUBLICE NOTICE

dgft21pn039

Allocation of additional quantity of 303 MT for export of raw sugar to USA under Tariff Rate Quota (TRQ) for the Fiscal Year 2021

 
TOP NEWS

FM launches schemes for women entrepreneurs, hotel & tourism industry

Rs 95K Crore of tax devolution released to strengthen fiscal space of States

Constitution Day on Friday - President to lead celebrations live

WTO, IMF launch COVID-19 vaccine trade tracker

ECI holds tete-a-tete with Chief Electoral Officers of States

 
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