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2023-TIOL-NEWS-063 Part 2 | March 17, 2023

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TIOL Mail Update
 
TIOL AWARDS



Livevast of the event, "40 years of CESTAT" - marking the completion of CESTAT's 40 years. Scheduled on March 18 (Saturday) at 9:45am.


 
INCOME TAX

2023-TIOL-304-ITAT-DEL

Fox Mandal And Company Vs ACIT

Whether when assessee has failed to substantiate its claim by failing to discharge its primary legal onus of proving that expenses were incurred exclusively for purpose of business, then additions are possible u/s 69A - YES: ITAT

- Matter remanded: DELHI ITAT

2023-TIOL-303-ITAT-KOL  

Sasmal Vincom Pvt Ltd Vs ITO

Whether failure of the assessee to appear before the ITAT and to provide any evidences in support of it's claim can lead to dismissal of appeal filed by assessee - YES: ITAT

- Assessee's appeal dismissed: KOLKATA ITAT

2023-TIOL-302-ITAT-AHM

Bridgestone Corporation Vs ACIT

Whether the assessee is eligible to be taxed @ 10% on capital gain for AY 2013-14 in view of retrospective amendment to section 112(1)(c)(iii) of the Act, which was applicable with retrospective effect from AY 2013-14 - YES: ITAT Whether AO erred in taking advantage of the ignornace of assessee about his rights - YES: ITAT

- Assessee's appeal allowed: AHMEDABAD ITAT

2023-TIOL-301-ITAT-DEL

ITO Vs VG Properties Pvt Ltd

Whether in absence of any material change justifying the Department to take a view different from that taken in earlier proceedings., the claim of the appellant for treating the receipt from business income deserves to be allowed - YES: ITAT

- Revenue's appeal dismissed: DELHI ITAT

 
TODAY'S CASE (INDIRECT TAX)

VAT - It is open to Revenue to recover tax dues, once SCN and representation and copies of assessment orders were duly served on assessee as per Rule 64: SC

 
INDIRECT TAX

2023-TIOL-20-SC-VAT

CTO Vs Neeraja Pipes Pvt Ltd

Whether when any statutory or administrative order, visits a citizen or entity with adverse consequences, such an order has to be served upon the concerned person - YES: SC

Whether it is open to the Revenue Dept. to recover the tax dues owed by assessee, once show cause notice and representation and copies of assessment orders were duly served on assessee as per Rule 64 - YES: SC

- Revenue's appeal allowed: SUPREME COURT OF INDIA

 

 

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NEWS FLASH
 

PhonePe valuation goes beyond USD 12 bn

Today is ‘World Sleep Day' - ‘5 Mins more please' is celebrated on social media

 
TOP NEWS
 

CESTAT to commemorate 40 years of glorious journey on Saturday

Govt pays monthly allowance of Rs 20K to women-led Startups: MoS

Meghalaya gets electric trains for first time

 
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