Direct Tax Finance

Govt. forces stringent norms for usage of International Credit Cards to make payments towards meeting expenses during an overseas visit. Effective from 16-5-2023. Spend now covered under the overall limit of USD 250,000 under Liberalised Remittance Scheme (LRS). [TCS @ 20% shall also be collected u/s 206].

Notification No. G. S. R. 369 (E), dated 16-5-2023.

Section 69A – Unexplained Money, etc. – Transporter misappropriating bitumen entrusted for delivery is a thief and cannot be treated as ‘owner’ u/s 69A. Bitumen is not ‘Valuable article’ within the meaning of section 69A.

D. N. Singh v. CIT – [2023] 150 taxmann.com 301 (SC).

Section 194A applies with threshold of INR 40,000 if interest is paid under Mahila Samman Saving Certificate.

Notification No. 27/2023, dated 16-5-2023.

SC dismisses application filed by Revenue seeking clarification in Abhisar Buildwell Ruling (Only if incriminating material is found in a search or requisition, AO can assess or re-assess u/s 153A). Asks Revenue to file a review petition, looking into the importance of matter.

PCIT v. Abhisar Buildwell (P.) Ltd. – [2023] 150 taxmann.com 257 (SC).

Additional evidence cannot be admitted if it is in violation of Rule 46A or the assessee did not raise any additional ground for adjudication.

ITO v. Smt. Shahnaz Nurdin Azania – [2023] 150 taxmann.com 11 (Surat – Trib.).

Error of sending demand notice along with draft assessment order could not be cured u/s 292B.

CIT v. Cisco System Services B.V. – [2023] 149 taxmann.com 486 (Karnataka).