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2022-TIOL-NEWS-089 Part 2 | April 18, 2022

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INCOME TAX

2022-TIOL-41-SC-IT-LB

CIT Vs Karnataka Power Transmission Corporation Ltd

Having heard the parties, the Supreme Court found no reason to interfere in the peculiar facts and circumstances of the case.

- Revenue's SLP dismissed: SUPREME COURT OF INDIA

2022-TIOL-40-SC-IT

Pr.CIT Vs Krishna Devi

Having heard the parties, the Supreme Court issued notice to the respective parties directing their appearance for further hearing on the issue of LTCG.

- Notice issued: SUPREME COURT OF INDIA

2022-TIOL-39-SC-IT

National Faceless Assessment Centre Vs Mantra Industries Ltd

Having heard the parties, the Supreme Court found that the counsel for Revenue submitted that, against the assessment order, the High Court ought not to have entertained the Writ Petition and ought to have relegated the assessee to avail statutory remedy of appeal before the CIT(A). It was further submitted that one of the grounds on which the High Court has set aside the assessment order was subsection (9) of Section 144B of the Income Tax Act, which, at the relevant time, provided that any assessment made shall be non est, if such assessment was not made in accordance with the procedure laid down under the said Section. Finally, the Supreme Court issued notices to the respective parties directing their appearance for further hearing on the issue of faceless assessment.

- Notice issued: SUPREME COURT OF INDIA

2022-TIOL-38-SC-IT

Reliance Industries Ltd Vs Chief CIT

Having heard the parties, the Supreme Court refused to entertain the Special Leave Petition under Article 136 of the Constitution having regard to the provisions of Section 9(c) of the Direct Tax Vivad Se Vishwas Act, 2020.

- Assessee's SLP dismissed: SUPREME COURT OF INDIA

2022-TIOL-37-SC-IT-LB

Pr.CIT Vs Seksaria Industries Pvt Ltd

Having heard the parties, the Supreme Court accepted that while computing fair market value, the Department had added Rs.7.08 crores to what was declared by the assessee. Consequently, the tax element in respect of differential amount by way of long term capital gain tax would be less than Rs.2 crores. In the premises, there is no reason to entertain this petition.

- Revenue's SLP dismissed: SUPREME COURT OF INDIA

2022-TIOL-405-ITAT-MUM

Govindram And Company Vs ACIT

Whether AO has rightly disallowed donation when recipient of donation has confirmed that donation are taken in lieu of cash and no activity is done - YES : ITAT

- Assessee's appeal dismissed: MUMBAI ITAT

2022-TIOL-404-ITAT-CHD

Sher Singh Rana Vs Pr.CIT

Whether where liability continues to exist in books of accounts and payments are made during year under consideration, liability cannot be said to cease to exist during year under consideration – YES: ITAT

- Assessee's Appeal partly allowed: CHANDIGARH ITAT

2022-TIOL-403-ITAT-INDORE

DCIT Vs Gautamswani Enterprises

Whether when evidence indicates that addition was made on basis of both documents and their xerox copies, such addition can be sustained - NO: ITAT

- Revenue's Appeal Dismissed: INDORE ITAT

 
TODAY'S CASE (INDIRECT TAX)

GST - When the petitioner rectified the deficiency memo, there is no point in withholding eligible refund claim of petitioner: HC

GST - If revenue views that applicant had obtained GST registration by means of fraud, misstatement or suppression of facts, it shall be open for him to issue fresh SCN containing necessary information and details: HC

GST - Since the issue is pending before Supreme Court and final verdict is being awaited, matter shall be notified once an appropriate note is filed by applicant: HC

 
GST CASE

2022-TIOL-526-HC-AHM-GST

Gujarat Energy Transmission Corporation Ltd Vs UoI

GST - Issue raised in present application was considered by this Court vide order dated 19.12.2018 which came to be challenged by Union of India before the Supreme Court - The Supreme Court vide order dated 09.08.2019 granted leave to appeal - The matter is now pending before Supreme Court for final hearing - According to applicant, the decision that may be taken by Supreme Court will ultimately govern the fate of application - However, hearing in Supreme Court may take some time and in such circumstances, applicant has decided that it should start recovering requisite amount from its customers and deposit the same with Authority concerned - The ad interim relief granted earlier by Coordinate Bench stands vacated - The applicant shall proceed further in accordance with law - It goes without saying that whatever amount is recovered and deposited with Authority shall be subject to the final outcome of the main matter: HC

- Civil Application allowed: GUJARAT HIGH COURT

2022-TIOL-525-HC-AHM-GST

Shah Industries Vs State of Gujarat

GST - Applicant, a proprietor of proprietary concern has been served with a SCN calling upon him to show cause as to why the GST registration should not be cancelled - The SCN is bereft on any material particulars or information - In absence of any material particulars and details, it is difficult for any individual to respond to such a vague SCN - Probably what the Authority is trying to convey is that the registration had been merely on paper and no actual business activity is found on the place of business, as applicant - a registered person was not found at the place of business of writ applicant - If such are the allegations, it is expected of Authority to furnish some details in this regard - The impugned SCN is accordingly quashed and set aside - If Assistant Commissioner is of the view that applicant had obtained GST registration by means of fraud, with misstatement or suppression of facts, it shall be open for him to issue a fresh SCN in a physical form and such fresh SCN shall contain all necessary information and details for the purpose of effectively responding to the same: HC

- Writ application disposed of: GUJARAT HIGH COURT

2022-TIOL-524-HC-AHM-GST

Vansh International Vs UoI

GST - The grievance of applicant is that the respondent has failed to sanction IGST refund claim alongwith claim of duty drawback and other export entitlements of applicant - It is the case of applicant that it immediately responded the deficiency memo and cleared the queries - In such circumstances, there is nothing further, which the writ-applicant has to do so as to seek the IGST refund - Respondent is directed to sanction IGST refund claim alongwith claim of duty drawback and other export entitlements within a period of two weeks: HC

- Application allowed: GUJARAT HIGH COURT

 

 

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TOP NEWS
 
ORDER

Order 74/2022

CBDT issues transfer order of 9 Pr CCITs

Order 75/2022

CBDT issues transfer order of 17 CCITs with Addl charge

Order No.79/2022

17 IRS officers promoted as CCIT

Order No.80/2022

59 officers promoted as Pr CITs

 
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