The Supreme Court has asked the Commissioner Central Income Tax Circle to respond to a plea by online news portal NewsClick challenging tax notices issued against it.<\/p>\n\n\n\n
A bench comprising of Justice\u00a0BV Nagarathna\u00a0and\u00a0Justice Augustine George Masih have issued notice to IT department and asked for their response within next 14 days.<\/p>\n\n\n\n
The counsel for NewsClick told the Apex Court that it has been left helpless as they are unable to pay salaries to its employees as a result of the tax demands and pre-deposits.<\/p>\n\n\n\n
A bench of Justices BV Nagarathna and Augustine George Masih listed the matter next after two weeks.<\/p>\n\n\n\n
On December 13, the Delhi High court said no to the demand by Newsclick for seeking a stay on the income tax demand for replying on allegedly receiving predetermined foreign remittances from the Justice and Education Fund (JEF).<\/p>\n\n\n\n
The Income Tax department had requested the Court that the portal has a \u201clot to answer for\u201d in terms of its financial dealings.<\/p>\n\n\n\n
The court in its order mentioned that the portal, in its appeal pending before the Commissioner of IT (appeals), fails to make out a prima facie case in its favour.<\/p>\n\n\n\n
The Court added that the assessing officer (AO) in his finding reported that the transaction between the petitioner and the foreign entity was a form of \u201creverse engineering\u201d.<\/p>\n\n\n\n
On December 30, 2022,The income tax department had issued an assessment order against NewsClick, stating that thefunds received from the foreign entities in the form of remittances towards services were a modus operandi to introduce unexplained funds into the portal, which, it alleged, was acting in the nature of an agent of Judicial Educational Fund (JEF).<\/p>\n\n\n\n
On November 29, an order was passed by the Division Bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna that the NewsClick has a lot to answer when it comes to its financial dealings as highlighted in the order passed by the assessing officer.<\/p>\n\n\n\n
The Bench held that there was no prima facie case in NewsClick\u2019s favour.<\/p>\n\n\n\n
The Court has said that keeping in view the aforesaid findings,the Court view that the petitioner has not been able to make out a prima facie case in its favour. To put it mildly, the petitioner has a \u2018lot to answer\u2019 in the appeal\u2026 Accordingly, the writ petition is dismissed,\u201d the Court ordered.<\/p>\n\n\n\n
However, the Bench clarified that these observations are only in context of the writ proceedings and will not prejudice the parties at the appellate proceedings.<\/p>\n\n\n\n
NewsClick approached the High Court challenging the orders dated November 3, 2023 and February 20, 2023 passed by the Income Tax department.<\/p>\n\n\n\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
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