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2023-TIOL-NEWS-257 Part 2 | November 03, 2023

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TIOL PRIVATE LIMITED.

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TIOL Mail Update
 
TIOL Tax Congress 2023
 
TODAY'S CASE (DIRECT TAX)

I-T- Non deduction of TDS by assessee due to operational difficulties caused by COVID pandemic; reasons given for such lapse are reasonable; order sanctioning criminal prosecution for non-deduction of TDS merits being quashed, more so where passed mechanically & without proper application of mind: HC

 
INCOME TAX

2023-TIOL-157-SC-IT

Bahadur Singh Vs CIT

On considering the Special Leave to Petition filed by the Assessee, the Supreme Court finds there to be no merit in the present SLP and directs that the same be dismissed.

- SLP dismissed: SUPREME COURT OF INDIA

2023-TIOL-155-SC-IT

Pr.CIT Vs Wadia Ghandy And Company

On considering the Special Leave to Petition filed by the Revenue, the Supreme Court observes that the Assessee has availed benefit under the Direct Tax Vivad Se Vishwas Act, 2020 and in which case, the issues which arise in this special leave petition have now been rendered infructuous. Hence the matter is disposed of.

- SLP dismissed: SUPREME COURT OF INDIA

2023-TIOL-154-SC-IT

NFAC Vs Great Eastern Shipping Company Ltd

On considering the Special Leave to Petition filed by the Revenue, the Supreme Court observed that the context of the High Court's judgment and the remit to the High Court was narrow; it is only concerning the validity of the re-assessment proceedings. In these circumstances, the Court holds that the observations of the High Court cannot be considered as determinative of other issues.

- SLP dismissed: SUPREME COURT OF INDIA

2023-TIOL-153-SC-IT

CIT Vs Himalaya Drug Company

On considering the Special Leave to Petition filed by the Revenue, the Supreme Court directs that notice be issued to the parties concerned and that the matter be tagged with SLP (C) Nos.10066 of 2022 and 8108 of 2022.

- Notice issued: SUPREME COURT OF INDIA

2023-TIOL-152-SC-IT

Dattaprasad Kamat Vs ACIT

On considering the Special Leave to Petition filed by the Assessee, the Supreme Court directs that notice be issued to the parties concerned and also that the Department not take any coercive steps to recover tax dues from the Assessee, until further orders.

- Notice issued: SUPREME COURT OF INDIA

2023-TIOL-1427-HC-ORISSA-IT

D N Homes Pvt Ltd Vs UoI

Whether criminal prosecution sanctioned against an assessee for non-deduction of TDS, warrants being quashed, where such lapse is on account of difficulties in compliance caused by the COVID pandemic and where the order sanctioning criminal prosecution is passed mechanically without due application of mind - YES: HC

- Revision Petition allowed: ORISSA HIGH COURT

2023-TIOL-1438-ITAT-MAD

DCIT Vs Thulasi

Whether the actions of AO of not perusing the original assessment records and issuing notice u/s 148 without verification of the documents on record assails the jursidiction of AO - YES: ITAT

- Revenue's appeal dismissed: CHENNAI ITAT

2023-TIOL-1437-ITAT-MAD

Madras Pharmaceuticals Vs ACIT

Whether AO and CIT(A) erred in making addition towards payments u/s 69C of the Act when the source of said payment has been explained out of known source of income- YES: ITAT

- Assessee's appeal allowed: CHENNAI ITAT

2023-TIOL-1436-ITAT-MAD

ITO Vs R Shanti

Whether when the credits considered by the A.O in the assessments of three assessees is more than the amount claimed to have been released, the issue needs fresh examination from the A.O to identify the nature and source of credits found in bank account of all three assessees - YES: ITAT

- Revenue's appeal allowed: CHENNAI ITAT

2023-TIOL-1435-ITAT-MUM

Purna Pushottam Exports Vs ACIT

Whether CIT(A) erred in failing to appreciate that the A.O. has erred in treating the genuine purchases as bogus when the sales of the same have not been doubted - YES: ITAT

- Assessee's appeals partly allowed: MUMBAI ITAT

2023-TIOL-1434-ITAT-MUM

Khushalrao Keshavrao Garje Vs DCIT

Whether the disallowance made by AO without following the jurisdictional precondition laid u/s 154, is void ab initio - YES: ITAT

- Assessee's appeal allowed: MUMBAI ITAT

 
TODAY'S CASE (INDIRECT TAX)

Kerala VAT - There is no bar on seeking restoration of appeal if an assessee is unsuccessful in availing benefit under Amnesty Scheme provided by State Government: SC

 
INDIRECT TAX

2023-TIOL-156-SC-VAT

P M Paul Vs State Tax Officer

Whether there is any bar on seeking restoration of appeal if an assessee is unsuccessful in availing benefit under the Amnesty Scheme provided by the State Government - NO: SC

- Appeal disposed of: SUPREME COURT OF INDIA

 

 

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INSTRUCTION
 

F.No. 390/Misc/30/2023-JC

Reduction of Government litigation - providing monetary limits for filing appeals by the Department before CESTAT, High Courts and Supreme Court

 
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