Public Policy
Current
Misc. Petition
Assessee can raise jurisdictional issue in Misc. Petition before ITAT even if matter travelled to HC.
YCH Logistics (India) (P.) Ltd. v. DCIT – [2023] 148 taxmann.com 118 (Chennai – Trib.).
Circular 6/2016
Circular 6/2016 giving choice to treat shares as stock-in-trade or capital asset has retro effect.
CIT v. Century Flyboards (I) Ltd. – [2023] 148 taxmann.com 301 (Calcutta).
Section 292B
Section 292B – Assessment framed on non-existing company (amalgamated company) is to be quashed as it is not mere procedural irregularity which can be cured u/s 292B.
Inox Wind Energy Ltd. v. Income-tax Officer – [2023] 148 taxmann.com 289 (Gujarat).
Section 9
Section 9 – Dividend – Notice issued in SLP filed against order of the HC that dividend received by a Switzerland based company from an Indian company would bear a lower withholding tax rate of 5% instead of 10% in view of MFN clause in protocol to India-Switzerland DTAA.
Income-tax Officer v. Golderma Pharma SA World Trade Centre – [2023] 147 taxmann.com 517 (SC).
Guidance Note on Bank Audit
Bank Audit: ICAI has issued Guidance Note on Audit of Banks. (2023 Edition).
Manual Appeal
Appeal filed offline due to glitches in GST portal cannot be rejected on ground of technicality.
Yash Kothari Public Charitable Trust v. State of U.P. – [2023] 148 taxmann.com 187 (Allahabad).
Principle of Natural Justice
Violation of natural justice in adjudication order cannot be cured by sufficiency of natural justice in appellate proceedings.
Chandni Crafts v. Union of India – [2023] 148 taxmann.com 164 (Rajasthan).
Section 144B
Sec. 144B – Denial of personal hearing is violative of provisions of section 144B(6)(vii).
D.B.Engineering (P.) Ltd. v. National Faceless Assessment Centre, Delhi – [2023] 147 taxmann.com 472 (Delhi).
ITR
ITR cannot be treated as invalid until assesse’s request for condonation of delay in furnishing ITR-V is pending.
Anagha Vijay Deshmukh v. DCIT – [2023] 147 taxmann.com 477 (Pune – Trib.).
e-Verification
68,000 cases taken up for verification under e-Verification Scheme, 2021: CBDT.
Press Release, Dated 13-3-2023.
Archive
Misc. Petition
Assessee can raise jurisdictional issue in Misc. Petition before ITAT even if matter travelled to HC.
YCH Logistics (India) (P.) Ltd. v. DCIT – [2023] 148 taxmann.com 118 (Chennai – Trib.).
Circular 6/2016
Circular 6/2016 giving choice to treat shares as stock-in-trade or capital asset has retro effect.
CIT v. Century Flyboards (I) Ltd. – [2023] 148 taxmann.com 301 (Calcutta).
Section 292B
Section 292B – Assessment framed on non-existing company (amalgamated company) is to be quashed as it is not mere procedural irregularity which can be cured u/s 292B.
Inox Wind Energy Ltd. v. Income-tax Officer – [2023] 148 taxmann.com 289 (Gujarat).
Section 9
Section 9 – Dividend – Notice issued in SLP filed against order of the HC that dividend received by a Switzerland based company from an Indian company would bear a lower withholding tax rate of 5% instead of 10% in view of MFN clause in protocol to India-Switzerland DTAA.
Income-tax Officer v. Golderma Pharma SA World Trade Centre – [2023] 147 taxmann.com 517 (SC).
Guidance Note on Bank Audit
Bank Audit: ICAI has issued Guidance Note on Audit of Banks. (2023 Edition).
Manual Appeal
Appeal filed offline due to glitches in GST portal cannot be rejected on ground of technicality.
Yash Kothari Public Charitable Trust v. State of U.P. – [2023] 148 taxmann.com 187 (Allahabad).
Principle of Natural Justice
Violation of natural justice in adjudication order cannot be cured by sufficiency of natural justice in appellate proceedings.
Chandni Crafts v. Union of India – [2023] 148 taxmann.com 164 (Rajasthan).
Section 144B
Sec. 144B – Denial of personal hearing is violative of provisions of section 144B(6)(vii).
D.B.Engineering (P.) Ltd. v. National Faceless Assessment Centre, Delhi – [2023] 147 taxmann.com 472 (Delhi).
ITR
ITR cannot be treated as invalid until assesse’s request for condonation of delay in furnishing ITR-V is pending.
Anagha Vijay Deshmukh v. DCIT – [2023] 147 taxmann.com 477 (Pune – Trib.).
e-Verification
68,000 cases taken up for verification under e-Verification Scheme, 2021: CBDT.
Press Release, Dated 13-3-2023.