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Court upholds primacy of India-Singapore tax treaty over domestic law, quashes …
The petitioner, an Indian company, challenged Section 206AA of the Income Tax Act which mandated a 20% tax deduction at source (TDS) on royalty payments made to non-residents without a Permanent Account Number (PAN). The court held that the India-Si…
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Tax deduction on payments to non-residents governed by DTAA rates, not Section …
The case involves an Indian company (the assessee) that made payments to non-resident entities for royalty and technical services. The assessee deducted tax at source (TDS) on these payments at the rates prescribed in the relevant Double Taxation Av…
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Assessee wins on capital gains tax dispute over NIIT share sale, court rejects …
This case involves an individual assessee, Arjun Malhotra, who sold 1,00,000 shares of NIIT to a company Glad Investment Pvt Ltd (GIPL) in 1997-98. The assessee claimed the sale consideration was Rs. 5 crores and claimed exemption under Section 54F.…
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Insider trading charges against Biocon executive quashed, but penalty upheld fo…
The case involves an appeal filed by a Biocon executive against the order of the Securities and Exchange Board of India (SEBI) restraining him from accessing the securities market and associating with listed companies for three months, and imposing …
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Court rules agricultural lands not capital assets despite conversion, upholds t…
The Income Tax Appellate Tribunal (ITAT) had ruled that certain lands owned by the assessees, although converted for non-agricultural purposes, were still considered agricultural lands and hence exempt from capital gains tax on their sale. The Reven…
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Court rejects assessee's claim of agricultural land exemption for Rs. 2.5 crore…
The case involves an assessee who sold an immovable property in Devanahalli, Bangalore for Rs. 2.5 crores and claimed it as an agricultural land exempt from capital gains tax. The Income Tax Department disputed this claim, and the matter went throug…
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Agricultural land sale exempt from capital gains tax as it was situated beyond …
This case involved a Hindu Undivided Family (HUF) that sold agricultural land and claimed exemption from capital gains tax under Section 2(14)(iii) of the Income Tax Act. The dispute centered on whether the land was situated beyond 8 km from the mun…
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Senior citizen's sale of agricultural land beyond 8km from municipality exempte…
This case involves an appeal filed by an assessee (taxpayer) against the order of the Commissioner of Income Tax (Appeals) regarding the assessment year 2013-14. The key issue was whether the land sold by the assessee, an agricultural land located b…
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Court upholds agricultural land exemption for land sale in Juchandra village de…
The case involves an income tax dispute over the sale of land by an assessee in Juchandra village. The revenue department argued that the land should be treated as a capital asset and subject to tax, as Juchandra village became part of the Vasai-Vir…
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Court quashes tax officer's order on reopening assessment, remands for fresh co…
This case involves a writ petition filed by an individual assessee challenging the reopening of assessment for AY 2015-16 under Section 148 of the Income Tax Act. The assessee had filed objections against the reasons for reopening, but the Assessing…
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Court dismisses writ petition challenging income tax reassessment notice, citin…
The petitioner, a domestic construction company, challenged the order passed under Section 148A(d) and the notice issued under Section 148 of the Income Tax Act, 1961, for the assessment year 2018-2019. The court dismissed the writ petition, holding…
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Court upholds tax reassessment notice, rejects plea for disclosure of evidence
The case involves a petition filed by an assessee challenging a notice issued under Section 148 of the Income Tax Act for reassessment of income. The assessee argued that the order passed under Section 148A(d) did not satisfy the prerequisite of hav…
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Court quashes tax reassessment notice for lack of proper information disclosure…
Income Tax,Mar. 16, 2024The case involved a pharmaceutical company (petitioner) challenging notices issued by the Income Tax Department for reassessment of income for the assessment year 2018-19. The court quashed the notices, holding that the department failed to provide proper information as required under Section 148A(b) of the Income Tax Act before initiating reassessment proceedings.
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Supreme Court upholds Parliament's power to tax capital gains from urban agricu…
Income Tax,Mar. 11, 2024This group of 24 special civil applications challenged the constitutional validity of Section 2(14)(iii) of the Income Tax Act, 1961, which brought certain agricultural lands within the definition of "capital assets" for taxation of capital gains. The Gujarat High Court upheld the provision, ruling that Parliament had the legislative competence to enact it under Entry 82 of the Union List, and that the classification was not violative of Article 14…
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Non-resident Indian wins tax case, court allows exemption on capital gains from…
Income Tax,Jul. 08, 2021The case involves an individual non-resident Indian assessee who sold agricultural lands and claimed exemption under Section 54B of the Income Tax Act on the capital gains by purchasing new agricultural lands. The Income Tax Department denied the exemption, but the Income Tax Appellate Tribunal (ITAT) allowed the assessee's appeal and directed the Assessing Officer to delete the addition made to the assessee's income.
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Trust's claim for tax refund on compensation for acquired non-agricultural land…
Income Tax,Oct. 08, 2020The petition was filed by Gurudwara Sahib Patti Dhaliwal (Trust) against the order of the Chief Commissioner of Income Tax (Exemptions), Delhi, rejecting the Trust's claim for refund of tax deducted at source on compensation received for compulsory acquisition of land. The court dismissed the petition, holding that the acquired land was not agricultural land and hence the compensation was taxable as capital gains.
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Court rules land sold for housing was agricultural at time of sale, exempting c…
Income Tax,Mar. 11, 2024The case involved an assessee (taxpayer) HUF that sold land in 1968 to housing societies. The tax department treated the gains as taxable capital gains on the basis that the land was non-agricultural at the time of sale. The assessee claimed the land was agricultural, and hence the gains were exempt from capital gains tax. The matter went up to the High Court, which ruled in favor of the assessee, holding that the land retained its agricultural cha…
Court rules against treating land as agricultural, overturns tax exemption on c…
The case involves an appeal by the Revenue Department against the Income Tax Appellate Tribunal's order, which had affirmed the assessee's claim that the sale of their land was not assessable as capital gains under Section 45 of the Income Tax Act, 1961, as it was agricultural land. The Revenue challenged the Tribunal's decision, arguing that there was no conclusive evidence to prove that agricultural operations were being carried on in the land pr…
Income Tax,Jul. 16, 2020-
Individual's Rs 2 crore land sale not exempt as agricultural land, rules Income…
Income Tax,May. 31, 2021This case involves an individual assessee who sold a 0.4 hectare land parcel in Alibaug for Rs 2 crores in the assessment year 2013-14. The assessee claimed the capital gains were exempt as the land was agricultural land. However, the Income Tax Appellate Tribunal upheld the tax authorities' view that the land did not qualify as agricultural land, making the gains taxable.
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Court rules tax deduction required on compensation for buildings, not agricultu…
Income Tax,Sep. 15, 2020The case involves a dispute over whether the Special Land Acquisition Officer (SLAO) was required to deduct tax at source under Section 194LA of the Income Tax Act when paying compensation for acquiring land, buildings, and trees. The Revenue argued that the lands were not agricultural, so tax should have been deducted on the compensation. The SLAO contended that the lands were agricultural, and no tax was required. The court partially upheld the R…
Agricultural land sale not taxable as capital gain due to lack of urbanization …
Income Tax,Mar. 11, 2024The case involves the sale of agricultural land by the assessee and his family members to a private company. The tax authorities treated the sale consideration as capital gains from the transfer of a non-agricultural land, which the assessee contested. The Income Tax Appellate Tribunal (ITAT) ruled in favor of the assessee, holding that the land qualified as agricultural land and hence, the sale proceeds were not taxable as capital gains.
Court upholds agricultural land exemption for land over 8km from municipality, …
This case involves a dispute between the Income Tax Department and an assessee (Founder-Chairman of Veltech Group of Educational Institutions) over whether capital gains from the sale of certain land should be taxed. The key issue was whether the land qualified as "agricultural land" under Section 2(14)(iii) of the Income Tax Act, which exempts such land situated beyond 8 km from the nearest municipal limits. The court upheld the assessee's claim t…
Income Tax,Aug. 26, 2020-
Income Tax , Feb. 02. 2023Court quashes tax reopening order, directs fresh hearing for assessee.
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Income Tax , Sep. 18. 2020
Court quashes tax reassessment orders for not considering objections on merits,…
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Others , Mar. 15. 2024Wealth tax reassessment order quashed for failure to address preliminary object…
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Income Tax , Mar. 15. 2024Court sets aside reassessment notice, orders fresh decision after considering a…
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Income Tax , Mar. 15. 2024Court quashes tax reassessment order, directs tax officer to decide objections …
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