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2023-TIOL-NEWS-022 Part 2 | January 27, 2023

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TIOL AWARDS

 
TODAY'S CASE (DIRECT TAX)

I-T - High Court's intervention is not needed where net tax effect is far below monetary limit specified in relevant Circular of CBDT: HC

 
INCOME TAX

2023-TIOL-127-HC-DEL-IT

Pr.CIT Vs Pushp Steel And Mining Pvt Ltd

Whether the High Court's intervention is warranted in a matter in which the net tax effect is far below the monetary limit specified in the relevant Circular of the CBDT - NO: HC

Whether 109-day delay by Revenue in filing appeal can be condoned where insufficient explanation is given for such delay, more so in light of settled law that delay of every single day has to be explained - NO: HC

- Revenue's appeal dismissed: DELHI HIGH COURT

2023-TIOL-112-ITAT-DEL

ACIT Vs Harish Bhandari

Whether when there is no irretrievable benefit that had accrued to assessee, professional income cannot be brought to tax in hands of assessee u/s 28(iv) - YES: ITAT

- Revenue's appeal dismissed: DELHI ITAT

2023-TIOL-111-ITAT-DEL

JCIT Vs Krishna Continental Ltd

Whether no addition on account of undisclosed income can be made only on basis of statement recorded u/s 132(4), and without any corroborating evidence - YES: ITAT

- Revenue's appeal dismissed: DELHI ITAT

2023-TIOL-110-ITAT-MUM

Mohd Saleem Mohd Nazir Shaikh Vs DCIT

Whether annual letting value needs to be determined in terms of applicable rent control legislation - YES: ITAT

- Case remanded: MUMBAI ITAT

2023-TIOL-109-ITAT-KOL

ITO Vs Naina Distributors Pvt Ltd

Whether where evidences were filed by assessee proving identity & creditworthiness of loan transactions, fact that summon issued were returned un-served is of little significance to prove genuineness of transactions and identity & creditworthiness of creditors - YES: ITAT

Whether non-production of directors of investors cannot be a ground for making addition in hands of assessee u/s 68 when other evidences relating to raising share capital and also qua share subscribers are available on record - YES: ITAT

- Revenue's appeal dismissed: KOLKATA ITAT

 
TODAY'S CASE (INDIRECT TAX)

GST - Petitioner is having efficacious remedy to contest the show cause notice before the adjudicating authority - Petition dismissed: HC

ST - SVLDRS, 2019 - There is nothing on record to show that last date was extended beyond 30.06.2020 - Rebated amount paid on first/second July, 2020 is of no avail since it was after the last date statutorily mandated: HC

 
GST CASE

2023-TIOL-126-HC-MP-GST

Ashoo Road Lines Vs UoI

GST - Drivers of the petitioners informed that the said vehicles are being used for transportation of Pan Masala without invoices - Accordingly, 10 trucks containing goods were seized - 5 trucks were released in which nothing was found loaded, however, the remaining five trucks were handed over to Mr. Sajid Panja with instructions not to use them without permission from the GST department - Petition filed challenges panchanama and is seeking various reliefs. Held: Since a show cause notice dated 04.12.2020 has been issued to the petitioner and others in which the validity of the panchnama is under consideration, hence the petitioner is having efficacious remedy to contest the show cause notice before the adjudicating authority - The petitioner is free to apply to the adjudication authority - The Writ Petition is disposed of with a direction to the competent authority that if such an application is filed by the petitioner, the same be considered in accordance with the law expeditiously - Petition dismissed: High Court [para 5]

- Petition dismissed: MADHYA PRADESH HIGH COURT

 
INDIRECT TAX

2023-TIOL-125-HC-MP-ST

Dinesh Kumar Yadav Vs CCGST & CE

ST - SVLDRS, 2019 - Petitioner contends that due to server/technical problem and ongoing pandemic, petitioner could not make the payment despite having attempted to do so on 23.01.2020 and 29.06.2020 - However, it is submitted by petitioner that payment was made on 01.07.2020 - Petitioner challenges the legality and validity of order dated 08.02.2022 seeking recovery of service tax to the tune of Rs.3,91,594/- owing to petitioner having failed to pay the discounted amount of service tax by the last date i.e. 30.06.2020. Held: Contention that the rebated amount was paid on the first/second July, 2020 is of no avail to the petitioner since it was after the last date statutorily mandated for deposit of rebated amount of service tax - More so, there is nothing on record to show that the last date was extended beyond 30.06.2020 - Petition stands dismissed: High Court [para 5, 7]

- Petition dismissed: MADHYA PRADESH HIGH COURT

 

 

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NEWS FLASH
 

Rs 10 lakh fine imposed on Go First for leaving behind 54 pax on wheels

India's forex kitty swells to about USD 574 bn

Netherlands slaps Coinbase crypto exchange with USD 3.5 mn fine

Govt tells SC: India has 2967 tigers in reserves

 
TOP NEWS
 

EoI to be invited for the International Transhipment Port at Great Nicobar Island

MeitY Startup Hub & Meta shortlists 120 for XR Startup Program

Aadhaar e-KYC transactions jump 18.53% to 84.8 crore in Q3

 
ORDER
 

CBIC goes for fresh allocation of charge with Zonal charge; New Member Shashank Priya gets Delhi's zonal charge

 
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