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Mar 4, 20243 min read
Ensuring Procedural Fairness: The Delhi High Court Upholds ITAT Decision in Forum Sales Pvt. Ltd. Case
The Delhi High Court highlights the need for just procedures in tax assessments, ensuring fairness and transparency.
Feb 29, 20243 min read
No TDS on Minimum Guarantee Expenses: ITAT Draws Fine Line between Rent & Compensation
Introduction The recent ruling by the Delhi Bench of the Income Tax Appellate Tribunal (‘ITAT’) in the case of M/s Oravel Stays Pvt. Ltd....
Feb 29, 20244 min read
[ITAT] Deemed Dividend Under S. 2(22)(e) of the Income-Tax Act Is Taxable in the Hands of the Beneficial Shareholder
ITAT rules: Loans between entities with common shareholders are not 'deemed dividends' under Income-Tax Act s. 2(22)(e).
Feb 23, 20243 min read
No Mens Rea, No Prosecution: Bombay High Court Quashes Tax Evasion Proceedings
Introduction The Hon’ble Bombay High Court (‘Bombay HC’) has recently in its judgment in Unique Trading Company v. Income Tax Officer[i]...
Feb 15, 20243 min read
India-France DTAA: ITAT Clarifies Taxation of PE-Related Interest Income
Introduction In the realm of international taxation, disputes often arise concerning the interpretation and application of double...
Feb 14, 20243 min read
A Case of Bona Fide Mistake: Bombay High Court Quashes Order & Directs Correction of Inadvertent GST Entry Mistake
Introduction The Bombay High Court (‘BHC’), in a recent ruling in the case of Unique Speciality Chemicals v. Deputy Commissioner of State...
Feb 13, 20243 min read
Writ Petitions v. Statutory Appeals: High Court’s Limited Jurisdictional Scope in GST Matters
Introduction The Hon’ble High Court of Kerala (‘HC’) recently rendered a judgement in the case of Adam Traders v. Deputy Commissioner,...
Feb 12, 20244 min read
Delhi High Court's Ruling on Legal Database Subscriptions: Implications for Copyright and Tax Liability
Delhi HC clarifies: Legal database subscriptions aren't taxable as 'royalty' under DTAA, absent a PE in India.
Feb 12, 20243 min read
Clarifying Tax Assessments: Bombay HC’s Analysis of Marriage Expenses & Income Disclosure
Bombay HC mandates a fair hearing on marriage expenses and income disclosure, emphasizing the importance of due process in tax assessments.
Feb 10, 20244 min read
Madras HC: No Interest Liability for Timely Tax Deposits in Electronic Cash Ledger
Introduction The Hon’ble Madras High Court (‘HC’) in the case of Eicher Motors Ltd. v. Superintendent of GST and Central Excise, Range...
Feb 10, 20243 min read
Madras High Court Authorizes AO to Reopen Assessment Contrary to Assessee’s Undertaking
HC allows AO to reassess based on ITAT's findings, spotlighting stringent standards for reassessment.
Feb 8, 20243 min read
Pursuit of Procedural Precision: ITAT Confirms CIT’s Revisional Jurisdiction in TPO Referral Case
Introduction Navigating through the complex maze of legal procedures, income tax appeals represent a critical intersection where the...
Feb 3, 20243 min read
No Penalty for Technical Error Without Intent to Evade Tax: Allahabad High Court Quashes SGST Orders
Introduction In the matter of M/s Ashoka P.U. Foam (India) Pvt. Ltd. v. State of U.P. and Ors[i], the Petitioner filed a writ petition...
Feb 3, 20243 min read
A Transfer Without Consideration: ITAT’s Landmark Verdict on Capital Loss
Introduction In the case of M/s Tata Sons Limited v. Commissioner of Income Tax-2[i], the Income Tax Appellate Tribunal, Mumbai (‘ITAT’)...
Feb 1, 20244 min read
DTAA Deliberations: ITAT Decodes the Taxability of FTS in India
Introduction The recent ruling in Solvay Asia Pacific Pte. Ltd. v. Deputy Commissioner of Income-tax. (IT), Circle-3(1)(2), International...
Feb 1, 20244 min read
Ensuring Procedural Fairness and Evidentiary Rigor: A Case Analysis of DCIT v. Hitel Nitin Shah
Explore the nuances of tax law as we dissect the DCIT v. Hitel Nitin Shah case, emphasizing justice and evidential precision.
Jan 31, 20243 min read
[ITAT Delhi] – Reopening Under s. 148 of the ITA Held Void Ab Initio as Mere Repatriation of Funds Did Not Lead to Escapement of Income
ITAT Delhi rules in favor of BCP V Singapore, declaring AO's reassessment void due to no income escape and procedural lapses.
Jan 31, 20243 min read
[Jharkhand HC] Reassessment Without Concrete Evidence is Unmaintainable
Jharkhand HC decision: Invalid reassessment without solid evidence cannot proceed, upholding principles of justice.
Jan 29, 20243 min read
ITAT Strikes Down Notice under S. 148 of the IT Act for Lack of Prima Facie Satisfaction
Introduction In the recent case of AEP Investments (Mauritius) Ltd. v. The ACIT Circle Int Tax 1(1)(1), Delhi[i], the Income Tax...
Jan 26, 20244 min read
The CBDT’s Explanatory Circular on the Finance Act, 2023
Introduction The Central Board of Direct Taxes ( ‘CBDT' ) has released an explanatory circular [ i ] that outlines key amendments to the...