Direct Tax

CBDT issues new SOPs on filing of appeals/SLPs by the income-tax department in the Supreme Court.

Instruction No. 2/2022, dated 15-12-2022.

Section 148 – During the pendency of the proceedings u/s 154 of the Act, it was not permissible for the Revenue to initiate reassessment proceedings u/s 147/148.

S. M. Overseas (P.) Ltd. v. Commissioner of Income-tax – [2022] 145 taxmann.com 375 (SC). 

CBDT exempts NR not having PAN from mandatory e-filing of Form 10F till 31-03-2023.

Notification F.No. DGIT(S) – ADG(S) – 3/E-FILING NOTIFICATION/FORMS/2022/9227 dated 12-12-2022.  

CBDT issues circular on TDS from Salaries for Financial Year 2022-23.

Circular No. 24/2022, dated 07-12-2022.

A transaction cannot be treated as Benami if alleged beneficial owner is actually the joint owner of the property.

ACIT v. Tupelo Builders (P.) Ltd. – [2022] 145 taxmann.com 270 (Delhi-Trib.).

Demerger sanctioned by NCLT is tax-compliant only if conditions in sec. 2(19AA) are satisfied.

Grasim Industries Ltd. vs. DCIT – [2022]145 taxmann.com 289 (Mumbai-Trib.).