Direct Tax

It is not ‘impermissible discrimination’ if higher tax rates are charged to Korean Co. which has not made ‘prescribed arrangements’ u/s 2(22A).

Shinhan Bank v. Deputy Director of Income-tax (International Taxation), [2022] 139 taxmann.com 563 (Mumbai-Trib.).

CBDT issues guidelines for TDS u/s 194S where VDAs are transferred other than through Exchange.

Circular No. 14/2022, dated 28-06-2022.

Sec. 144B – Notice issued in SLP filed by assessee against order of HC remanding matter for de novo consideration on ground of not being granted personal in faceless assessment proceedings instead of declaring assessment as non-est.

Praful M. Shah v. National Faceless Assessment Centre – [2022] 136 taxmann.com 296 (SC).

Once belated TDS amount stands deposited along with interest, there is no reason to continue with criminal proceedings initiated u/s 276B & 278B.

Dev Multicom Pvt. Ltd. vs. State of Jharkhand, 2022-TIOL-900-HC-JHARKHAND-IT.

Sec. 274 – SLP granted against HC Order that as per Section 2(28C) and 274(2), approval granted by Addl. Commissioner u/s 274(2) on a permission sought by AO before imposing penalty u/s 271(4)(C) was competent under law.

Gyan Chand Jain v. Commissioner of Income-tax – [2022] 139 taxmann.com 319 (SC).

Sec. 194H – Notice issued in SLP filed against order of HC that where assessee company engaged in providing laboratory and testing services to customers through third party collection centres had allowed certain discounts to such collection centres, since assessee did not perform any act of paying but was only receiving payments from these collection centres, there was no obligation on assessee to deduct TDS u/s 194H on discount so allowed.

Commissioner of Income-tax v. Super Religare Laboratories Ltd. – [2022] 139 taxmann.com 369 (SC).