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2022-TIOL-NEWS-077 Part 2 | April 04, 2022
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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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TIOL AWARD |
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INCOME TAX |
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2022-TIOL-351-ITAT-DEHRADUN
ITO Vs Uttrakhand Poorv Sainik Kalyan Nigam Ltd
On appeal, the Tribunal observes that the notice u/s 274 omits to mention as to whether penalty is imposed for concealment of income or for inaccurate particulars of income. Hence the penalty notice stands quashed & no penalty is imposable.
- Revenue's appeal dismissed: DEHRADUN ITAT
2022-TIOL-350-ITAT-MUM
ACIT Vs Sri Jivendra Kumar Mishra
Whether penalty u/s 271AAB warrants being imposed where certain commission income of the assessee, hitherto thought to be undisclosed income, is subsequently found to have been declared - NO: ITAT
- Revenue's appeal dismissed: MUMBAI ITAT
2022-TIOL-349-ITAT-RAJKOT
Reliance Eminent Trading And Commercial Pvt Ltd Vs Pr.CIT
On appeal, the Tribunal notes that the PCIT has accepted the income as declared by the assessee. Hence the revisional order is rendered infructuous and considering that the assessee seeks to withdraw the present appeal, grants such request.
- Assessee's appeal dismissed: RAJKOT ITAT
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TODAY'S CASE (INDIRECT TAX) |
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INDIRECT TAX |
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2022-TIOL-262-CESTAT-DEL
Porteck India Info Services Pvt Ltd Vs CCGST & CE
ST - Refund - CENVAT Credit - Rule 5 of CCR - CESTAT had held that debit of the amount of refund claim in the CENVAT credit account suo moto before the adjudication, is sufficient compliance Condition No.2(h) of the Notification No.27/2012-CE; that the Appeals were allowed by setting aside the impugned orders and the Adjudicating authority was directed to grant refund within 45 days along with interest - Instead of granting the refund, the Asstt. Commissioner has again issued show cause notice(s) with regard to both the amounts of refund, requiring the appellant to show cause, proposing to disallow part of the amount on the grounds mentioned in the show cause notices being dated 13.12.2021, therefore, the present miscellaneous application.
Held: Aforementioned action of the Asstt. Commissioner amounts to interference in the justice delivery system - It seems that the Asstt. Commissioner has no regard for the order of the superior court/Tribunal and also does not have any concept of doctrine of merger - Asstt. Commissioner is directed to show cause as to why the proceedings for contempt of court should not be drawn against him and referred to the jurisdictional High Court for further action in accordance with law - However, one last opportunity is given to the Asstt. Commissioner, to comply with the final order of this Tribunal and to file compliance, which should be filed before 25.04.2022 - Further hearing fixed on 25.04.2022: CESTAT [para 4, 5]
- Matter posted: DELHI CESTAT |
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