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  • Tax dept loses appeal on penny stock scam due to retrospective circular interpr…

    Income Tax,Jun. 26, 2022

    This case involves the Principal Commissioner of Income Tax challenging a decision by the Income Tax Appellate Tribunal (ITAT). The tax department wanted to pursue an appeal against Denisha Rajendra Keshwani regarding alleged bogus Long Term Capital Gains (LTCG) from penny stocks, but the ITAT dismissed their appeal due to low tax effect (below the monetary threshold). The department argued that a later CBDT circular should allow them to proceed re…

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  • Court quashes tax assessments for giving charity only 48 hours to respond

    Income Tax,Jun. 26, 2022

    This case involves a charitable society called Sree Narayana Dharma Sabha Sreyas that got into trouble with the Income Tax Department. The charity filed returns showing zero income for two years (2015-16 and 2016-17), claiming all their income went to charitable purposes. However, the tax department reopened their assessments and gave them extremely short notice periods (just 48 hours) to respond to show cause notices. When the charity couldn’t res…

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  • Court rules Section 80AB can’t limit tax deductions under Sections 80I & 80HH

    Income Tax,Jun. 26, 2022

    This case involved Win Laboratories Ltd. challenging a tax tribunal’s decision that required them to set off losses from one division against profits from another before claiming tax deductions. The High Court sided with the company, ruling that Section 80AB of the Income Tax Act cannot be used to curtail the width of deduction provisions like Sections 80I and 80HH, following Supreme Court precedent.

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  • Income Tax,Jun. 11, 2021

    This case involves M/s. Transsys Solutions Private Limited challenging the Income Tax Department’s decision to refer their case to the Transfer Pricing Officer (TPO) for determining the Arm’s Length Price (ALP) of international transactions, even though their case was selected for “limited scrutiny.” The High Court ultimately sided with the tax authorities, holding that the reference to the TPO was valid and within the law, dismissing the company’s…

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  • Income Tax,Jun. 11, 2021

    This case is about whether amendments made to the bye-laws of a society can be applied retrospectively when granting registration under Section 12AA of the Income Tax Act. The High Court decided that such amendments only take effect from the date they are made, not from an earlier date, and set aside the Tribunal’s order that had allowed retrospective registration.

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Same Income Can’t Be Taxed Twice: Court Nixes Double Tax on Undisclosed Swiss A…

This case revolves around whether the same undisclosed foreign income can be taxed in multiple assessment years. The tax authorities tried to tax the same amount found in a Swiss bank account across different years, but the court ruled that this is not allowed. The court sided with the taxpayer, confirming that the same income cannot be taxed twice, and dismissed the tax department’s appeals.

Income Tax,Jun. 11, 2021
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  • Income Tax,Jun. 11, 2021

    This case involves a dispute between the Commissioner of Income Tax and Vikram Reddy (and related parties) over whether a series of share transfers and business restructurings were genuine tax planning or a colorable device (i.e., a sham) to evade capital gains tax. The High Court ultimately sided with the taxpayer, holding that the transactions were within the framework of the law and not a sham, dismissing the revenue’s appeal.

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  • Income Tax,Jun. 11, 2021

    This case involves M/s. Durr India Private Limited challenging the Income Tax Department’s decision to reopen its tax assessments for the years 2011-12 and 2013-14. The main dispute was about how the company recognized its income—specifically, whether it could use the “percentage of completion” method for its construction contracts. The court didn’t quash the reassessment notices but told the company to provide documents proving its method, and dir…

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Income Tax,Jun. 11, 2021

This case is about whether a company can claim depreciation on windmills for tax purposes, even if those windmills generated little or no electricity during the year. The court decided in favor of the company, holding that even minimal or trial production—or simply keeping the windmills ready for use—qualifies as “use” for depreciation under tax law.

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Court allows interim stay on tax assessment notices amid settlement law changes

This case involves Blossom Gold Collection P. Ltd. challenging the refusal of an interim stay on tax assessment notices after a change in the law removed their right to settle tax disputes through the Income Tax Settlement Commission. The High Court modified the earlier order, granting an interim stay on the assessment notices while clarifying that the authorities could still process the company’s application for settlement under the old law, pendi…

Income Tax,Jun. 11, 2021
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