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2023-TIOL-NEWS-132 Part 2 | June 07, 2023

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INCOME TAX

2023-TIOL-74-SC-IT

Haji Ramzan And Sons Vs CIT

Having heard the parties, the Supreme Court refused to interfere with the judgment passed by the High Court on the issue of waiver of interest charged u/s 220(2A).

- Assessee's SLP dismissed: SUPREME COURT OF INDIA

2023-TIOL-73-SC-IT

Ajay Gupta Vs ITO

Having heard the parties, the SC refused to interfere with the judgment passed by the High Court on the issue of accomodation entries and dummy demat account.

- Assessee's SLP dismissed: SUPREME COURT OF INDIA

2023-TIOL-72-SC-IT

BSES Rajdhani Power Ltd Vs Pr.CIT

Having heard the parties, the SC while refusing to interfere with the judgment passed by the High Court, clarified that the assessee will be entitled to raise all pleas and contentions, including the contention that the preconditions for invoking jurisdiction under Section 263 of the Income Tax Act, 1961 are not satisfied before the Commissioner of Income Tax.

- Assessee's SLP dismissed: SUPREME COURT OF INDIA

2023-TIOL-71-SC-IT

Pr.CIT Vs Venus Infrastructure And Development Pvt Ltd

Having heard the parties, the Supreme Court refused to interfere in the order of the High Court on the issue of deduction u/s 80IB and dismissed the SLP.

- Revenue's SLP dismissed: SUPREME COURT OF INDIA

2023-TIOL-718-ITAT-DEL

Sandeep Kumar Vs ITO

Whether AO erred in not been able to dislodge assessee's claim by making any inquiry - YES: ITAT

- Assesee's appeal allowed: DELHI ITAT

2023-TIOL-717-ITAT-DEL

Sanjay Bansal Vs ITO

Whether where transaction of gift of property is between brother and sister, it falls outside the ambit of the provision of section 56(2)(vii)(b) of the Act - YES: ITAT

- Appeal allowed: DELHI ITAT

2023-TIOL-716-ITAT-KOL

Sandeep Kumar Poddar Vs ITO

Whether insertion of the third proviso to Section 50C(1) is in the nature of a remedial measure to address a bonafide situation where there is little justification for invoking an anti-avoidance provision - YES: ITAT Whether amendment to section 56(2)(x) brought in by Finance Act, 2020 of increasing tolerance limit from 5% to 10%, is curative in nature - YES: ITAT

- Assessee's appeal allowed: KOLKATA ITAT

 
TODAY'S CASE (INDIRECT TAX)

Cus - Once Dy. Commr . (Review) had become aware that appeal had been returned back, at least at that stage, he could have taken steps for filing fresh appeal - No justifiable reasons for delay in filing appeal after 4 years - COD application rightly rejected: HC

 
INDIRECT TAX

2023-TIOL-633-HC-DEL-CUS

CC Vs Bergen Engines India Pvt Ltd

Cus - Revenue had appealed against the Order-in-Original dated 17.12.2014 and which was rejected by Commissioner(A) by his order dated 06.10.2017 - Against this O-in-A, an appeal was filed by Revenue before CESTAT on 18.01.2018, however, defect notices were issued by Registry on 06.02.2018 and 05.03.2018 but remained unattended to and consequently the appeal was returned to the Revenue under cover of the letter dated 08.05.2018 and which receipt is not disputed - Consequently, a fresh appeal was filed on 10.02.2022 impugning the Appellate Order dated 06.10.2017 along with an application for condonation of delay of four years and nineteen days - CESTAT held that once the Deputy Commissioner of Customs (Review) had become aware that the appeal had been returned back, at least at that stage, he could have taken steps for filing a fresh appeal, however, the appeal was filed much belatedly on 10.02.2022 - CESTAT has, accordingly, concluded that there were no justifiable reasons for the delay in filing the appeal after the same was returned as defective - Revenue is aggrieved by the CESTAT order rejecting their application for condonation of delay in filing the appeal.

Held: Impugned order is well reasoned and cannot be faulted - No substantial questions of law arise in the present appeal - Appeal is dismissed: High Court [para 23 to 25]

- Appeal dismissed: DELHI HIGH COURT

 

 

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NOTIFICATION

cnt40_2023

CBIC revises exchange rate of Turkish Lira

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