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Jun 9, 20242 min read
ITAT: Royalty Payments In Consonance with RBI Guidelines Exempt from TP Adjustments
ITAT affirms proper ALP analysis shields royalty payments from undue tax adjustments.
Jun 8, 20243 min read
IBC Prevails: ITAT Upholds IBC Over Income Tax Act in Liquidation Cases
ITAT rules IBC over ITA during liquidation, ensuring procedural fairness.
Jun 8, 20244 min read
Delhi High Court Grants Immunity, Quashes S. 270A Penalty Notices for Vague Allegations
DHC ruling clarifies tax penalties, enhancing fairness in assessing under-reported incomes.
Jun 8, 20243 min read
Revenue v. Notional: ITAT Upholds ESOP Expenses as Business Deductions under S. 37(1) of the IT Act
ITAT confirms: ESOP costs are legit tax deductions, backing robust documentation and legal precedents.
Jun 6, 20243 min read
Guidelines for Initiation of Recovery Proceedings Before 3 Months from the Date of Service of Demand Order
New CBIC guidelines expedite tax recovery in specific cases to optimize revenue and ensure fairness. Effective from 30.05.2024.
Jun 1, 20242 min read
GST: Allahabad HC Quashed the Proceedings Due to Procedural Irregularities in Search Authorization
Introduction In the case of Excellentvision Technical Academy (P.) Ltd. v. State of U.P[i]. at the High Court of Allahabad (‘HC’), the...
May 31, 20242 min read
Writ Petition Dismissed: Delhi HC Upholds AO’s Statutory Authority in Transfer Pricing Reference
Delhi HC confirms AO's power under s. 92CA, emphasizing prescribed procedural remedies.
May 31, 20243 min read
Madhya Pradesh High Court Mandates Release of Non-Relied Documents in GST Case
The Madhya Pradesh HC ruling bolsters transparency, affirming rights in tax proceedings by mandating document disclosure.
May 28, 20243 min read
Taxability at a Concessional Rate Based on the India-Cyprus DTAA
ITAT backs Cyprus firm in the DTAA case, affirming its right to a 10% tax rate on CCD interest earnings.
May 27, 20243 min read
[Allahabad HC] Seizure and Penalty Orders Overturned Due to Lack of 'Mens Rea' for Tax Evasion by Department
Allahabad HC rules against tax penalties, citing insufficient proof of intent to evade GST.
May 25, 20243 min read
Authorization Under S.153A of the Income-tax Act Requires More Than Mere Mention in a Panchnama
High Court rules that mere name mention does not justify a Section 153A notice, ensuring strict adherence to legal protocols.
May 25, 20243 min read
[Jharkhand HC] Summoned Person Not to Be Forced by GST Officers to Depose Statement After Office Hours
Jharkhand HC rules against forcing statements from summoned individuals outside office hours, citing legal and constitutional norms.
May 24, 20245 min read
ITAT Affirms the Non-Taxability of Interest Payments by Indian Bank Branches to their Head Offices under the India-France DTAA
ITAT decision clarifies tax exemption on Indian banks' interest payments to HQs, guided by India-France DTAA.
May 24, 20242 min read
Delhi HC Overrules Use of Bright Line Test for AMP Expenses in Transfer Pricing Cases
Delhi HC rules BLT unfit for ALP calculations in multinational AMP expense cases.
May 23, 20249 min read
Exemptions v. Deductions: Underlying Philosophy in Tax Laws
Exemptions exclude certain incomes from tax; deductions reduce taxable income. Explore their roles, benefits, and impacts in tax law.
May 20, 20242 min read
Significance of 'Fees for Included Services' in Indo-USA DTAA
Explore how 'Fees for Included Services' shape cross-border tax rules in our latest legal insight on the Indo-USA DTAA.
May 18, 20243 min read
Discrepancy Between Reasons in Notice Under S. 148A(b) and Order Under S. 148A(d) Renders Notice Ineffective and Mere Formality
HC upholds the need for consistent tax notice reasons to ensure fair taxpayer response.
May 18, 20243 min read
Coordinated Investigation and Administrative Convenience: Delhi High Court Upholds Centralization of Cases
Delhi HC upholds centralization of tax cases, highlighting the importance of coordinated investigation and administrative convenience.
May 18, 20244 min read
[AAR – Andhra Pradesh] Compensation Received in Respect of Liquidated Damages Was Taxable under the CGST Act
AAR ruled recovery of liquidated damages as taxable under the CGST Act, impacting contract penalties.
May 16, 20242 min read
Delhi High Court Orders Re-evaluation of Tax Dispute, Stresses AO's Duty to Assess on Merits
Delhi HC asserts AO must weigh merits, not just enforce 20% tax pre-deposits.