2023-TIOL-NEWS-280, Dated : Thursday November30, 2023

2023-TIOL-NEWS-280| November 30, 2023

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TODAY'S CASE (DIRECT TAX)

I-T - ITO shall provide provide CPCITR link to assessee to raise his/her grievances: HC

I-T - Since CBDT is not empowered to fix time limit for filing application for compounding of offences, time of 12 months fixed by it is contrary to the provisions of Section 279(2): HC

I-T - Since communication of notice is complete when it is received by person to whom it is addressed to, merely posting of date of hearing of Miscellaneous Petition in Cause List is not sufficient: HC

I-T - If after issuing notice u/s 148, AO accept contention of assessee that income which initially formed reason to believe of escaped assessment, did not actually escaped, it is not open to him independently assess other income: HC

I-T - Since absence of notice u/s 143(2) impregnates proceedings with jurisdictional defect, hence it renders notice by Revenue Dept. at assessee's wrong address as improperly served, invalid: HC

I-T - Income computed in accordance with notified accounting standards should not be rejected: HC

INCOME TAX


	2023-TIOL-1627-HC-MAD-IT Mohamed Yousuf Vs ITO Whether ITO shall provide provide CPCITR link to assessee to raise his/her grievances - YES: HC - Case disposed of: MADRAS HIGH COURT 2023-TIOL-1626-HC-MAD-IT Jayshree Vs CBDT Whether since CBDT is not empowered to fix time limit for filing application for compounding of offences, time of 12 months fixed by it is contrary to the provisions of Section 279(2) - YES: HC - Case disposed of: MADRAS HIGH COURT 2023-TIOL-1625-HC-MAD-IT Ejaz Tanning Company Vs Asstt. Registrar ITAT Whether since communication of notice is complete when it is received by person to whom it is addressed to, merely posting of date of hearing of Miscellaneous Petition in Cause List is not sufficient - YES: HC - Case remanded: MADRAS HIGH COURT 2023-TIOL-1624-HC-AHM-IT Pr.CIT Vs Green Environment Services Cooperative Ltd Whether income computed in accordance with notified accounting standards should not be rejected - YES: HC - Revenue's appeal dismissed: GUJARAT HIGH COURT 2023-TIOL-1623-HC-DEL-IT Pr.CIT Vs Prosperous Buildcon Pvt Ltd Whether if after issuing notice u/s 148, AO accepted contention of assessee and holds that income which initially formed reason to believe of escaped assessment, did not escaped assessment, it is not open to him independently assess other income - YES: HC - Revenue's appeal dismissed: DELHI HIGH COURT 2023-TIOL-1622-HC-DEL-IT Pr.CIT Vs Dart Infrabuild Pvt Ltd Whether since absence of notice u/s 143(2) impregnates proceedings with jurisdictional defect, hence it renders notice by Revenue Dept. at assessee's wrong address as improperly served, invalid - YES: HC - Revenue's appeal dismissed: DELHI HIGH COURT

TODAY'S CASE (INDIRECT TAX)

Cus - Allegations of contravention of Customs Broker Licensing Regulations 2018 - Proceedings against Broker delayed by over 22 Months - Settled precedent mandates adherence to timelimes prescribed in the Regulations - Proceedings against Broker dropped, since not completed within specified timeline: CESTAT

ST - As per settled precedent, no Service Tax is to be levied on reimbursement of electricity & water charges: CESTAT

CX - Cenvat Credit cannot be denied merely on ground that supplier was not required to pay Excise duty: CESTAT

INDIRECT TAX

2023-TIOL-1546-ITAT-KOL

Walzen Strips Pvt Ltd Vs DCIT

Whether if, the assessee has failed to explain the nature and source of the credit entry appearing in the books of account during the year, the AO has right to invoke the provisions of section 68. - YES : ITAT

- Assessee's appeal dismissed: KOLKATA ITAT

2023-TIOL-1545-ITAT-DEL

Central Bank of India Vs DCIT

Whether since the interim injunction order of the Madras High Court was still applicable under which the Revenue was instructed not to deduct the TDS of the assessee, the interest levied for late deposition of TDS deserved to be deleted - YES: ITAT

- Assesse's appeal allowed: DELHI ITAT

2023-TIOL-1544-ITAT-DEL

Avnish Chandra (HUF) Vs Pr.CIT

Whether since detailed and proper enquiry was not done by the AO on the materials presented by the assessee to explain the source, it is prejudicial to the interest of the Revenue - YES: ITAT

- Assessee's appeal dismissed: DELHI ITAT

2023-TIOL-1543-ITAT-AHM

Mcfills Enterprises Pvt Ltd Vs DCIT

Whether when disallowance of administrative expenses as per rule 8D of the Income Tax Rule needs to be made but such disallowance cannot exceed the amount of exempted income - YES: ITAT

- Assessee's appeal partly allowed: AHMEDABAD ITAT

2023-TIOL-1542-ITAT-JABALPUR

Gujral Hotels Pvt Ltd Vs DCIT

Whether since the judgments cited by the Revenue as well as the assessee are in conflict as to the retrospectivity, the assessee's case should be remanded - YES: ITAT

- Assessee's appeal allowed: JABALPUR ITAT

NEWS FLASH

Govt prepares 18 bills for Winter Session

Govt tells SC - States extended tenure of Chief Secretaries 57 times in last 10 yrs

Seasoned diplomat Henry Kissinger passes away at 100

US economy rises by 5.2% in Q3

US military aircraft dives into sea off Japan; one dead

Trudeau asks India to take Canadian allegations seriously

TOP NEWS

Govt issues advisory against purchase of acid on e-commerce platforms

400 delegates from 35 countries likely for International Cotton Advisory Committee meeting

India's Bioeconomy recorded 12 times increase in last 10 years: MoS

Labour Force Participation Rate rises to 49.3%: Survey

THE COB(WEB)

By Shailendra Kumar

Art of digging wealth out of chaos! Dubai eyeing El Dorado status?

THE intensity of the 'Prosperity Bug' which has bitten a large sliver of the geopolitically-volatile Middle East, is so overwhelming that even the spectre of eye-popping...

GUEST COLUMN

By Dr Sanjay Kalra

Seizure of 'Cash' and 'other Valuable Assets'

MANY a times during search under GST regime, Cash and other Valuable Assets are also seized by the GST Officers with a view to secure government revenue...

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