Like TIOL on Facebook Follow TIOL on TwitterSubscriber TIOL on YouTube

2023-TIOL-NEWS-108 Part 2 | May 10, 2023

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 Mail Update
 
ADVERTISEMENT


 
TODAY'S CASE (DIRECT TAX)

Cooperative credit society cannot be held to be a cooperative bank; is eligible for benefit u/s 80P: SC

 
INCOME TAX

2023-TIOL-56-SC-IT

Pr.CIT Vs Annasaheb Patil Mathadi Kamgar Sahakari Pathpedi Ltd

On appeal, the Supreme Court observes that the factual findings recorded by the CIT(A) & ITAT that the assessee herein cannot be deemed to be a cooperative bank, do not warrant interference with, more so considering relevant CBDT Circulars and provisions of Banking Regulation Act. Hence the assessee is held to be eligible for benefit u/s 80P of the Act.

- Appeal dismissed: SUPREME COURT OF INDIA

2023-TIOL-55-SC-IT

ACIT Vs Kantilal Exports Surat

Whether additions framed on grounds of unexplained income are sustainable where the authorities have not considered books maintained by the assessee outside of regular books - NO: SC

- Appeal allowed: SUPREME COURT OF INDIA

2023-TIOL-589-ITAT-DEL

Green Valley Plywood Ltd Vs DCIT

Whether ITAT should interfere in cases where the CIT(A) has passed the order after relying on all case laws and facts of the case - NO: ITAT

- Assessee's appeal dismissed: DELHI ITAT

2023-TIOL-588-ITAT-DEL

DCIT Vs Global Fairs And Media Pvt Ltd

Whether AO erred in challenging the valuation of the goodwill by the assessee merely because performance did not match projections -YES: ITAT

- Revenue's appeal dismissed: DELHI ITAT

2023-TIOL-587-ITAT-PUNE

Finolex Industries Ltd Vs ITO

Whether as per settled law, if any return is filed beyond due date u/s 139(1) of the Act then no deduction u/s 80P shall be allowed - YES: ITAT Whether where admittedly return was filed beyond the time limit prescribed u/s 139(1) of the Act but still section 143(1)(a)(v) is not applicable to the assessee since the case of the assessee is for A.Y. 2019-20, which is before the amendment - YES: ITAT

- Assessee's appeal allowed: PUNE ITAT

2023-TIOL-586-ITAT-BANG

Gokaldas Exports Vs DCIT

Whether jurisdiction u/s 147 can be exercised in cases of non reasoned order - NO: ITAT

- Assessee's appeal allowed: BANGALORE ITAT

 
INDIRECT TAX

2023-TIOL-523-HC-MUM-GST

Manishbhai Narshibhai Talaviya Vs UoI

GST - The petitioner filed the present petition seeking that directions be issued to the DRI so as to permit the presence of the petitioner's Advocate during the interrogation of the petitioner, at visible but not audible distance - The petitioner also seeks that the interrogation procedure be videographed & the cost of which would be borne by the petitioner.

Held - In our opinion, the direction which has been sought by the Petitioners as regards the presence of the lawyer at visible but not audible distance is an aspect of fair investigation and we do not find any reason to take a different view from the view taken by the Coordinate Benches of this Court - However, no case is made out to grant the relief of video-graphing - Therefore, the presence of the petitioner's advocate during interrogation of the petitioner, is permitted at a visible but not at audible distance - It is for the petitioner to ensure presence of lawyer & non-availability of the lawyer cannot be a ground to seek exemption from the interrogation as and when called: HC

- Writ petition partly allowed: BOMBAY HIGH COURT

 

 

Download on the App Store
Get it on Google play

 


NEWS FLASH

Over 40% votes polled by 2 PM in Karnataka

Protests against Imran's arrest: Over 1000 arrested in Punjab province

TOP NEWS

In April month, RPF busts 42 illegal softwares, arrest 955 touts

India, Canada to work on mineral supply chain resilience

Task Force for land governance to be constituted for N-E States

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