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High Court sets aside ITAT order for lack of proper reasoning in tax appeal case
This case involves the Board of Secondary Education challenging a tax demand before the Income Tax Appellate Tribunal (ITAT). The ITAT dismissed their appeal without giving proper reasons for their decision. The High Court found that the ITAT’s orde…
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Court orders fresh hearing on car lease rental deductions after tribunal ignore…
This case involves Philips India Limited challenging a tribunal’s decision that denied their claim for tax deductions on car lease rentals. The company argued they should be allowed to deduct these payments as business expenses under Section 37(1) o…
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Court sends compensation case back to Tribunal for proper capital vs revenue an…
This case involves Essel Mining and Industries Ltd. challenging a tax tribunal’s decision about whether compensation received from Suzlon Energy Ltd. for underperforming wind turbine generators should be treated as taxable revenue or non-taxable cap…
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Court quashes tax notices sent to companies that no longer existed after merger
This case involves GE India Industrial Pvt. Ltd. challenging income tax notices that were mistakenly sent to two companies (GE India Technology Centre Pvt. Ltd. and GE India Exports Pvt. Ltd.) that had already merged with GE India Industrial. The Hi…
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Power company wins right to claim 20% additional depreciation on electricity ge…
This case involves a dispute between the tax department (Principal Commissioner of Income Tax, Kolkata) and Damodar Valley Corporation over whether a power generation company can claim additional depreciation at 20% under Section 32(1)(iia) of the I…
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Employee loses tax appeal: Court upholds addition of unexplained cash deposits …
This case involves C.K. Ramakrishna, a former Satyam Computer Services employee, who challenged the Income Tax Department’s decision to add Rs. 23,91,000 to his declared income as “unexplained cash deposits.” The tax authorities noticed multiple cas…
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Society running newspaper wins tax exemption - charitable purpose trumps commer…
This case involves a society (Servants of People Society) that runs a printing press and publishes a newspaper. The tax department challenged their charitable status and tax exemptions, arguing that their commercial activities disqualified them from…
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Court quashes tax notice issued without mandatory prior approval - procedural v…
This case involves River Valley Meadows and Township § Limited challenging a tax reassessment notice issued by the Deputy Commissioner of Income Tax. The company argued that the notice under Section 148 of the Income Tax Act was illegal because it w…
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Court allows additional tax charges after 26 years of prosecution - timing irre…
This case involves G. Victor Devasahayam, who was being prosecuted for tax evasion since 1991. After 26 years of ongoing prosecution, the Income Tax Department wanted to add new charges for non-payment of tax arrears. Devasahayam challenged this, ar…
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BPCL wins ₹306 crore refund case - IT Dept failed to give mandatory notice befo…
This case is about Bharat Petroleum Corporation Limited (BPCL) fighting to get a refund of over ₹306 crores from the Income Tax Department. The IT Department admitted BPCL was entitled to this refund but wanted to adjust it against some outstanding …
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Court rules AO’s order can’t be called wrong just for lacking details PC wanted…
This case involves a dispute between the Commissioner of Income Tax and Chandan Magraj Parmar regarding the sale of agricultural land and whether it qualified for capital gains tax exemption. Parmar sold agricultural land and claimed it was exempt f…
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Court quashes cryptic tax reassessment order, demands proper reasoning from tax…
This case involves Abhiaya Marketing Private Limited challenging a tax reassessment notice issued by the Income Tax Department. The company objected to the reassessment proceedings under Section 147 of the Income Tax Act, but the tax officer rejecte…
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Court sets aside orders for denying tax officer chance to examine new evidence
Income Tax,Jun. 14, 2022This is a tax dispute where the Income Tax Department challenged a decision about whether certain creditors were genuine or fictitious. The main issue wasn’t actually about the creditors themselves, but about procedural fairness - specifically, whether the tax officer got a proper chance to examine new evidence that the taxpayer submitted for the first time during the appeal process. The High Court sided with the tax department and sent the case ba…
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Court blocks tax reopening: No change of opinion allowed after original assessm…
Income Tax,Jun. 14, 2022This case involves Rich Feel Health and Beauty Private Limited challenging the Income Tax Officer’s attempt to reopen their tax assessment for 2012-13. The company, which sells hair care products and provides consultancy services, had their original assessment completed in 2014 where advertising expenses were thoroughly examined. Years later, the tax department tried to reopen the case claiming these advertising expenses weren’t deductible under me…
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Pilot wins TDS credit battle despite employer’s failure to deposit tax to gover…
Income Tax,Jun. 14, 2022This case involves Kartik Vijaysinh Sonavane, a pilot who worked for Kingfisher Airlines. The airline deducted TDS (Tax Deducted at Source) from his salary totaling Rs.7,20,100/- for Assessment Year 2009-10 and Rs.8,70,757/- for Assessment Year 2011-12, but failed to deposit these amounts with the government. When Sonavane claimed credit for this TDS in his tax returns, the Income Tax Department denied it and issued recovery notices. The Gujarat Hi…
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High Court dismisses tax dept’s appeal on transfer pricing - ITAT’s factual fin…
Income Tax,Jun. 14, 2022This is a transfer pricing case where the Principal Commissioner of Income Tax challenged the Income Tax Appellate Tribunal’s (ITAT) decision favoring 3i India Ltd. The tax department had made an upward adjustment of Rs. 19.55 crores on the company’s international transactions, claiming they provided portfolio management services in addition to investment advisory services. However, the ITAT found that 3i India only provided investment advisory ser…
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Revenue loses appeal: Court upholds deletion of Rs.11.39 crore addition under S…
Income Tax,Jun. 14, 2022This is a tax case where the Principal Commissioner of Income Tax challenged a company called M/s. Ambition Agencies Private Limited regarding Rs.11.39 crore that was added as unexplained cash credit under Section 68 of the Income Tax Act. The company had received this money as share capital and premium from various shareholders. The tax officer initially treated this as suspicious income because he couldn’t properly verify the shareholders, but hi…
Trust loses tax exemption for suspicious timber advance to trustee’s wife
This case involves Ilahia Trust, an educational trust, that lost its tax exemption after making questionable financial transactions. The trust advanced Rs.72,45,000 to a timber company owned by the managing trustee’s wife, claiming it was for purchasing wood for a proposed medical college. However, the tax authorities found this explanation unconvincing and treated it as a violation of trust regulations. The trust also failed to deduct tax at sourc…
Income Tax,Jun. 14, 2022-
Court sends back TDS case on provisions - Tribunal failed to consider key facts…
Income Tax,Jun. 14, 2022This case involves M/s Volvo India Pvt. Ltd. challenging a tax tribunal’s decision about whether they needed to deduct TDS (Tax Deducted at Source) on provisions they created in their books. Volvo had made general provisions for various expenses without identifying specific parties, and these provisions were later reversed. The Income Tax Officer said they should have deducted TDS on these provisions, but Volvo argued that since no specific parties…
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High Court upholds Tribunal: Building fund donations are corpus, Section 263 re…
Income Tax,Jun. 14, 2022This case involves a dispute between the Commissioner of Income Tax (Exemptions) and M/s Choice Foundation regarding whether building fund donations of Rs.2,08,91,000/- should be treated as taxable income or exempt corpus donations. The Income Tax Department tried to revise an assessment order under Section 263, arguing that the building fund was taxable income. However, the Tribunal ruled that the revision was time-barred and that the building fun…
Court dismisses university’s challenge to special audit order - hearing require…
Income Tax,Jun. 14, 2022This case involves Rajiv Gandhi Proudyogiki Vishwa Vidyalaya (a technical university) challenging an Income Tax Department order directing a special audit under Section 142(2A) of the Income Tax Act for Assessment Year 2018-19. The university argued they weren’t given proper hearing and the order lacked reasoning. However, the High Court dismissed their petition, finding that adequate opportunity was provided and legal requirements were met.
Court dismisses frivolous complaint against CA appointed by High Court - no jur…
This case involves Wholesale Trading Services Pvt. Ltd. challenging the dismissal of their complaint against a Chartered Accountant by the Institute of Chartered Accountants of India (ICAI). The company had filed a complaint alleging professional misconduct against a CA who was appointed by the Karnataka High Court to verify books during a company merger. The Delhi High Court dismissed the appeal, finding that once a CA’s report is accepted by a Hi…
Income Tax,Jun. 14, 2022-
Income Tax , Jun. 14. 2022
High Court upholds trust’s tax exemption despite overseas donations without CBD…
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Income Tax , Jun. 14. 2022Co-op Bank’s Interest Income Deductibility Dispute Resolved
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Income Tax , Jun. 14. 2022Court rules Section 115JB doesn’t apply to banks - Canara Bank wins appeal
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Income Tax , Jun. 14. 2022
Trust denied extra depreciation on school buses - not in transport business
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Income Tax , Jun. 14. 2022
Court dismisses writ petition challenging tax assessment, directs company to pu…
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