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Sunday, May 10, 2020

[ACCA_Profs] Imp CBDT Circular On Residential Status Of NRs + Experts Explain Recent Supreme Court Verdict On TDS + Article On Non-Grant Of Refund

 

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The following important updates are available at itatonline.org:

CBDT Circular: Clarification In Respect Of Residency Under Section 6 Of The Income-tax Act, 1961

The CBDT has vide Circular 11 of 2020 dated 8th May 2020 provided important clarification on the issue of determining the residential status of persons who have been compelled to prolong their stay in India owing to the outbreak of the CoronaVirus and the suspension of international flights

PILCOM – A Bitter Pill Which Would Hurt Commerce?

In PILCOM vs. CIT, the Supreme Court has held that the obligation of the payer to deduct Tax at Source is not affected by the fact that the income may not be taxable in the hands of the recipient under a DTAA. The judgement has created confusion as it appears to run counter to the earlier judgements of the Supreme Court. Saurabh N. Soparkar, Sr. Advocate, and Bandish S. Soparkar, Advocate, have studied the judgement in depth and explained it in the proper perspective

Refund Circle – Mandatory Return Processing, Threat Of Revenue Collection And Discretionary Powers Withholding Refunds

CAs Nidhi Surana, Vidhan Surana and Palak Bhatt have pointed out that Assessing Officers are reluctant to issue refunds and that the mechnism laid down in the Act is only on paper. They have explained, with reference to the judgements on the point, that the action of withholding refund under section 241A of the Act, pursuant to notice u/s 143(2) of the Act, without recording justifiable reasons and approved in a routine manner by the PCIT tantamounts to exercise of power without jurisdiction and is not legally sustainable in the eyes of law

See Also: Digest of case laws (updated regularly) containing latest judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals


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Editor,

 

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Latest:

In Re Vijay Kurle & Others (II) (Supreme Court)

Contempt of Court by Advocates: There is not an iota of remorse or any semblance of apology on behalf of the contemnors. In view of the scurrilous and scandalous allegations levelled against the judges of this Court and no remorse being shown by any of the contemnors we are of the considered view that they cannot be let off leniently. It is obvious that this is a concerted effort to virtually hold the Judiciary to ransom. All three contemnors are sentenced to undergo simple imprisonment for a period of 3 months each with a fine of Rs. 2000

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