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2022-TIOL-NEWS-190| August 13, 2022

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TODAY'S CASE (DIRECT TAX)

I-T- On issue of advances from customers, order passed by PCIT u/s 263 is barred by limitation : ITAT

I-T- On failure of assessee to demonstrate that required TDS is deducted and deposited with appropriate authorities, addition u/s 40(a)(ia) is rightly upheld by CIT(A) : ITAT

I-T - Fact that taxpayer deducted tax at source on commission payment, does not satisfy requirement of reasonableness of expenditure qua services alleged to be received by him: ITAT

 
INCOME TAX

2022-TIOL-884-ITAT-PUNE

Suryakant Dnyaneshwar Katale Vs Pr.CIT

Whether on issue of advances from customers order passed by PCIT u/s 263 is barred by limitation - YES : ITAT

- Assessee's appeal allowed: PUNE ITAT

2022-TIOL-883-ITAT-DEL

VCI Hospitality Ltd Vs DCIT

Whether on failure of assessee to demonstrate that required TDS is deducted and deposited with appropriate authorities, addition u/s 40(a)(ia) is rightly upheld by CIT(A) - YES : ITAT

- Assessee's appeal dismissed: DELHI ITAT

2022-TIOL-882-ITAT-MUM

ACIT Vs Manohar Packaging Pvt Ltd

Whether fact that taxpayer deducted tax at source on commission payment and both parties are falling under maximum marginal rate of tax, does not satisfy requirement of reasonableness of expenditure qua services alleged to be received by assessee - YES: ITAT

- Case remanded: MUMBAI ITAT

 
TODAY'S CASE (INDIRECT TAX)

GST -Rectification of TRAN-1 - In view of Apex Court decision,petitioner is permitted to revise/correct/amend TRAN-1 details filed by it within the two month window period: HC

 
GST CASE

2022-TIOL-1103-HC-KAR-GST

Ashoka Buildcon Ltd Vs UoI

GST - Petitioner is registered and availed transitional credit through TRAN-1 by uploading the same on the web portal -However, a mistake was committed while uploading the necessary details and the petitioner sought to rectify the same - In the meantime, the web portal was closed because of which the error could not be rectified, hence the present petition.

Held: Similar matters we reconsidered by the Apex Court - 2022-TIOL-57-SC-GST ] and the GSTN is directed to open the common portal for filing forms concerned for availing transitional credit through TRAN-1 and TRAN-2 for two months w.e.f 01.09.2022 to 31.10.2022 - Counsel for Revenue does not dispute the above position of law as laid down by the Supreme Court and there is no reason why the benefit should no tenure to the benefit of petitioner - Petitioner is permitted to revise/correct/amend TRAN-1 details filed by it with the respondent between 01.09.2022 to 31.10.2022 and the respondent authorities shall consider the same in accordance with law - Petition is disposed of: High Court [para 4]

- Petition disposed of: KARNATAKA HIGH COURT

 

 

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NEWS FLASH
 

Monkeypox arrives in Delhi; 5 patients detected

CCI nod for HDFC Bank & HDFC Ltd merger

Breach in MP dam under construction - Army & NDRF called in

Inflation in India inches back to 6.7% in July month

Govt releases SOP for WFH facility provided by SEZs

Satanic assault on Rushdie at NY event - put on ventilator; Attacker named Hadi Matar from New Jersey

BJP bags 140 out of 186 Panchayat seats

Probe against Trump switches to espionage alley

COVID death: No let up in in soaring daily count - 335 in US; 292 in Brazil; 214 in Japan & 152 in Italy

Family dispute - mass shooting - 10 killed in Montenegro

Cops rescue robber stranded in Roman tunnel to bank's safe vault

Colombia's New President favours tax reforms to fund social spending

Japan braces for tropical storm Meari

 
GUEST COLUMN

By Dr Shrikant Kamatand & Bhavin Shah

Challenges in Establishing a Real Tax Regime for Virtual Digital Assets

WORLD over, Crypto currencies and Non-fungible Tokens (NFTs) have created the same level of interest, excitement, and intrigue...

By Aumkar Surendra Prachi Gadgil

Renting of residential dwelling - withdrawal of exemption - a fiasco?

IN the 47th GST Council meeting held on 29th June 2022, inter alia , the following recommendation was made...

 
INSTRUCTION

F.No. K-43013(12)/1/2021-SEZ

Guidelines providing standard operating procedure for Work from Home (WFH) permission for implementation of Rule 43A of the Special Economic Zones (Third amendment) Rules, 2022

 
TOP NEWS

Industrial output shrivels to 12.3% in June month

Exports grows at 11.5 % in July month

Mandaviya reviews progress of Nano Urea production; eyes 6 Cr bottles

80% of India's honey exports is to United States: Govt

NeGD organises Capacity Building program in Cloud Computing for govt officials

 
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