 |
|
2022-TIOL-NEWS-278 Part 2 | November 28, 2022
|
|
|
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. |
 |
|
|
| |
 |
|
TIOL AWARDS |
 |
|
|
|
|
INCOME TAX |
|
|
|
|
|
|
|
|
|
2022-TIOL-1418-ITAT-KOL
Umananda Rice Mill Ltd Vs ACIT
Whether no addition u/s 68 for unexplained cash credit can be made when assessee has discharged onus of proving genuineness of transaction - YES : ITAT
- Assessee's appeal allowed: KOLKATA ITAT
2022-TIOL-1417-ITAT-KOL
Madhu Sudan Shrivastava Vs Pr.CIT
Whether the PCIT erred in exercising its revisionary jurisdiction when the twin conditions mentioned u/s 263 were not met - YES: ITAT
- Appeal allowed: KOLKATA ITAT
2022-TIOL-1416-ITAT-AHM
Gtpl Crazy Network Vs ACIT
Whether for purposes of Section 32(1) depreciation on goodwill be allowed, where valuation of goodwill is based on subscriber's valuation - YES: ITAT
- Appeal allowed: AHMEDABAD ITAT
2022-TIOL-1415-ITAT-BANG
Charoen Pokphand Seeds India Pvt Ltd Vs Pr.CIT
Whether original assessment is completed without proper enquiries, on exemption claimed by assessee u/s 10(1) that necessitated Pr.CIT to pass order u/s 263 of Act - YES : ITAT
- Assessee's appeal dismissed: BANGALORE ITAT
|
|
|
|
|
|
|
|
|
TODAY'S CASE (INDIRECT TAX) |
|
|
|
|
|
GST CASE |
|
|
|
|
|
|
|
|
|
2022-TIOL-1469-HC-KAR-GST
Nagson And Company Vs JCCT
GST - Petition filed seeking a direction to quash the impugned Order-in-Appeal dated 29.09.2022 passed by Respondent No.1 and direct Respondent No.2 to revoke the cancellation of the GST registration of the Petitioner - Petitioner specifically contended that the delay on the part of the petitioner for non-payment of dues, non-filing of returns and preferring an appeal within the prescribed period was on account of financial constraints and due to Covid-19 pandemic and as such, the delay in preferring the appeal deserves to be condoned by the 1st respondent - Appellate Authority; that by the impugned order the 1st respondent - Appellate Authority dismissed the appeal refusing to condone the delay in preferring appeal on the ground that he does not have jurisdiction to condone the delay beyond the prescribed period as stipulated in Section 107 of the CGST Act.
Held: Although the 1st respondent - Appellate Authority does not have any power to condone the delay in preferring an appeal under Section 107 of the CGST Act, in a given case, it is open for this Court to condone the delay by exercising its powers under Article 226 of the Constitution of India - In the instant case, it is the specific assertion of the petitioner that due to financial constraints and Covid-19 pandemic and on account of bonafide reasons, unavoidable circumstances and sufficient cause, it was not possible for him to not only file the GST returns and make payment within the stipulated time, but also could not prefer the appeal within the prescribed period - In the considered opinion of the Bench, the explanation offered by the petitioner in not making GST payment and delay in filing returns and preferring an appeal deserves to be accepted and by adopting a justice oriented approach - Impugned orders are set aside and the 2 nd respondent is directed to restore the GST registration of the petitioner, subject to payment of all dues - Petition allowed: High Court [para 7, 8]
- Petition allowed: KARNATAKA HIGH COURT |
|
|
|
|
|
|
|
|
|
|
|
|
|
TIOL PRIVATE LIMITED.
TIOL HOUSE, 490, Udyog Vihar, Phase - V,
Gurgaon, Haryana - 122001, INDIA
Web: https://taxindiaonline.com
Email: updates@tiol.in
__________________________________
CONFIDENTIALITY/PROPRIETARY NOTE.
The Document accompanying this electronic transmission contains information from TIOL PRIVATE LIMITED., which is confidential, proprietary or copyrighted and is intended solely for the use of the individual or entity named on this transmission. If you are not the intended recipient, you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. This prohibition includes, without limitation, displaying this transmission or any portion thereof, on any public bulletin board. If you are not the intended recipient of this document, please return this document to TIOL PRIVATE LIMITED. immediately |
|
|
|
