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Court rules that withholding tax on dividends for Dutch companies in India shou…
In the case of Concentrix Services Netherlands B.V. & Anr. vs. Income Tax Officer (TDS) & Anr., the court addressed a dispute over the withholding tax rate on dividends paid from Indian companies to Dutch companies. The main issue was whether the ta…
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High Court upholds taxpayer’s win: Section 50C wrongly applied when total sale …
This case involves a dispute between the Principal Commissioner of Income Tax and Shailja Pasricha over the application of Section 50C of the Income Tax Act. The tax department tried to add Rs. 9.6 crores to Ms. Pasricha’s income, claiming she shoul…
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Court rejects tax addition based on third-party documents without proper eviden…
This case involves a tax dispute where the Income Tax Department tried to add Rs. 4 crores to Ganesh Plantation Ltd.'s income based on documents seized from a completely different company (Venus Group). The tax authorities claimed this was “unexplai…
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Tax dept loses appeal on penny stock scam due to retrospective circular interpr…
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…
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Court quashes tax assessments for giving charity only 48 hours to respond
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 …
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Court rules Section 80AB can’t limit tax deductions under Sections 80I & 80HH
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 Sec…
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Court Upholds TPO Reference in Limited Scrutiny: No Overreach Found
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 th…
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No Retrospective Effect: Amendments to Society Bye-laws Only Apply Prospectivel…
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 th…
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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 …
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Court Upholds Tax Planning as Lawful, Rejects Revenue’s Claim of Sham Transacti…
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 c…
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Court upholds reassessment notice, asks taxpayer to prove income recognition me…
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, wheth…
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Windmills, Depreciation, and Passive Use: Court Upholds Assessee’s Claim
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 prod…
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Court allows interim stay on tax assessment notices amid settlement law changes
Income Tax,Jun. 11, 2021This 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…
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Court Rules Notices Issued to Deceased Taxpayers Are Invalid and Unenforceable
Income Tax,Jun. 11, 2021In the case of Late Bhupendra Bhikhalal Desai (Since Deceased) Through Legal Heir Raju Bhupendra Desai vs. Income Tax Officer & Anr., the court determined that notices issued under tax laws to a deceased individual are legally unenforceable. The court quashed the notices and reaffirmed that tax proceedings cannot continue against a deceased person without proper notification to their legal heirs.
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Court affirms Assessing Officer’s authority to reopen tax assessments based on …
Income Tax,Jun. 11, 2021In the case of Navnidhi Dyeing and Printing Mills Pvt. Ltd. Thru. Director of Mayank Mahesh Kumar Malpani Vs Assistant Commissioner of Income Tax, the court addressed whether the Assessing Officer (AO) had the jurisdiction to reopen a tax assessment after new information suggested that the income had escaped assessment due to undisclosed facts. The court ruled in favor of the AO, allowing the reopening of the assessment based on credible new eviden…
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High Court Quashes Income Tax Reopening Order, Directs Fresh Consideration of O…
Income Tax,Jun. 11, 2021This case involves Chetan Engineers challenging the reopening of their income tax assessment for the year 2012-13. The main issue was whether the Assessing Officer (AO) properly considered the objections raised by the assessee (Chetan Engineers) before proceeding with the reassessment. The High Court found that the AO did not adequately address these objections and ordered the AO to reconsider them and pass a fresh, reasoned order.
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Court affirms TPO’s authority in transfer pricing adjustments, ruling against t…
Income Tax,Jun. 11, 2021In this case, a Joint Venture Company involving three Korean multinationals faced scrutiny over its transfer pricing methods. The court upheld the Transfer Pricing Officer’s (TPO) authority to make adjustments, rejecting the assessee’s claims that the TPO acted without jurisdiction. The judgment emphasized the importance of compliance and cooperation during tax assessments.
Reassessment Notice Quashed: AO Failed to Apply Mind, Mixed Up Assessment Years
This case involves Bharatkumar Nihalchand Shah challenging a reassessment notice issued by the Income Tax Department for the assessment year 2011-12. The High Court found that the Assessing Officer (AO) had not properly formed an independent opinion and had mixed up facts from different assessment years. As a result, the court quashed the reassessment notice, ruling in favor of the taxpayer.
Income Tax,Jun. 11, 2021-
Court Upholds Business Loss Claim on Forex Fluctuation, Dismisses Revenue’s App…
Income Tax,Jun. 11, 2021This case involves a dispute between the tax authorities (Revenue) and a taxpayer (the assessee) over whether losses from foreign currency fluctuations can be claimed as a business loss. The Revenue challenged the Income Tax Appellate Tribunal’s (ITAT) decision in favor of the assessee, arguing that such losses are not allowable. The High Court, however, sided with the assessee, confirming that these losses are deductible, provided certain conditio…
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No Penalty for Disallowed Claim Based on Disclosed Facts and Accounting Policy …
Income Tax,Jun. 11, 2021This case involves the Principal Commissioner of Income Tax and Taneja Developers and Infrastructure Ltd. The main issue was whether a penalty could be imposed on the company for making a new claim in its tax return, based on a change in accounting policy, which was later disallowed. The court held that since all facts were disclosed and there was no concealment or inaccurate particulars, penalty proceedings were not justified.
Court allows business and advertising expenses, rejects Revenue’s capital asset…
Income Tax,Jun. 11, 2021This case involves Miele India Pvt. Ltd. and the Principal Commissioner of Income Tax. The main dispute was whether certain pre-operative and advertising expenses should be allowed as business deductions or treated as capital expenses (which are not immediately deductible). The court ultimately sided with the taxpayer, holding that these expenses were legitimate business expenditures and should be allowed as deductions.
Court rules that prosecution for tax evasion cannot proceed without determining…
In this case, the Income Tax Department filed complaints against D.K. Shivakumar for alleged tax evasion. The court found that the prosecution was premature because it was not established whether the unaccounted transactions were liable for tax, penalty, or interest. Consequently, the court discharged the accused and allowed the Income Tax Department to file fresh complaints after determining the tax liability.
Income Tax,Jun. 10, 2021-
Income Tax , Jun. 10. 2021Tribunal’s Remand Set Aside: CIT(A) Can Entertain Fresh Claims Without Revised …
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Income Tax , Jun. 10. 2021
Court rules Tribunal violated natural justice by using undisclosed evidence aga…
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Income Tax , Jun. 10. 2021
Court rules in favor of taxpayer, affirming eligibility for tax dispute resolut…
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Income Tax , Jun. 10. 2021
No Mandatory Notice under Section 143(2) for Assessments under Section 153A, Ru…
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Income Tax , Jun. 10. 2021
Fresh Tax Claims Allowed: Tribunal’s Remand Set Aside by High Court
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