LoB clause cannot be invoked to deny benefit of Article 8 of DTAA to a Singapore Shipping enterprises.
Maersk tankers Singapore (P.) Ltd. v. ACIT – [2022] 145 taxmann.com 260 (Rajkot-Trib.).
CA not expected to check genuineness of documents submitted by client while issuing Form 15 CB.
Murali Krishna Chakrala vs. The Deputy Director, Directorate of Enforcement – [2022] 145 taxmann.com 248 (Madras)[23-11-2022].
Delhi HC refers matter to larger bench to decide writ jurisdiction in faceless assessment if AO located outside Delhi.
GPL-RKTCPLJV v. National Faceless Assessment Centre – [2022] 145 taxmann.com 156 (Delhi).
In case of change of AO, proceedings are to be continued from stage at which they were left by earlier AO.
DCIT v. Mastech Technologies (P.) Ltd. – [2022] 145 taxmann.com 157 (SC).
Sec. 276C – Notice issued in SLP filed against impugned order of High Court that there is no presumption under law that every unaccounted transaction would lead to imposition of tax, penalty or interest, thus, until and unless it was determined that unaccounted transactions unearthed during search were liable for payment of tax, penalty or interest, no prosecution could be launched against assessee on ground of attempt to evade such tax, penalty or interest.
Income Tax Department v. D.K. Shivakumar – [2022] 145 taxmann.com 78 (SC).
SLP dismissed against impugned order of High Court that amount paid as bonus by assessee-company to its directors in lieu of dividend and not in lieu of any service rendered by them could not be allowed as deduction u/s 36(1)(ii).
SRC Aviation (P.) Ltd. v. Asstt. Commissioner of Income-tax – [2022] 145 taxmann.com 34 (SC).