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Court modifies GST cancellation order, registration cancelled from last return …
The petitioner challenged the order cancelling their GST registration retrospectively from November 2017, as well as the preceding show cause notice. The court found issues with the lack of reasoning and opportunity to object to the retrospective ca…
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Court quashes GST cancellation order, cites lack of reasons and opportunity to …
This case involves a dispute over the retrospective cancellation of a taxpayer's GST registration by the tax authorities. The petitioner challenged the show cause notice and the order canceling their GST registration retrospectively from July 2017. …
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Court modifies GST cancellation order, allows prospective cancellation from sho…
This case involves a dispute over the retrospective cancellation of a taxpayer's GST registration by the tax authorities. The petitioner challenged the order canceling their GST registration retrospectively from July 2017, despite receiving a show c…
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Court restores GST registration of garment manufacturer, sets aside cancellatio…
The court set aside the order cancelling the petitioner's GST registration with retrospective effect from 03.12.2021. The petitioner, a garment manufacturer, had applied for a change in registered business address, but the application was rejected d…
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Unraveling the Angel Tax Conundrum: Fostering India’s Startup Growth
The Angel Tax, initially introduced to curb money laundering, inadvertently hindered the growth of India’s burgeoning startup ecosystem. However, the government has taken proactive steps to address this issue, introducing reforms that provide relief…
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Tata Sons wins case against Income Tax Department's attempt to reopen assessmen…
Tata Sons, the holding company of the Tata Group, had filed a writ petition challenging the Income Tax Department's notice to reopen its assessment for the assessment year 2005-06. The Bombay High Court allowed the petition and quashed the reassessm…
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Court quashes reassessment proceedings, citing lack of new evidence and change …
The case involves an appeal filed by the assessee against a reassessment order under Section 148 of the Income Tax Act for the assessment year 2009-10. The assessee challenged the maintainability of the reassessment proceedings on two grounds: (1) t…
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Court quashes tax reassessment notice, rules it was based on a mere change of o…
The petitioner, a real estate company, challenged a notice issued by the Income Tax Department under Section 148 of the Income Tax Act for reassessing its income for the Assessment Year 2017-18. The court found that the reassessment notice was based…
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Court quashes income tax reassessment notice due to lack of valid 'information'…
The Bombay High Court allowed a writ petition filed by a real estate company challenging the reassessment proceedings initiated by the Income Tax Department for the Assessment Year 2015-16. The court held that the reassessment was based on an intern…
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Court quashes tax reassessment order, rules it was based on mere 'change of opi…
This case involves a dispute between an individual taxpayer and the Income Tax Department. The taxpayer had filed their income tax return for the assessment year 2018-19, which was selected for limited scrutiny regarding investments in immovable pro…
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Trustee can file winding up petition in India despite contract conferring juris…
This case involved a dispute between a trustee (appellant) representing foreign bondholders and an Indian company (respondent) that defaulted on interest payments for convertible bonds issued to those bondholders. The key issue was whether the trust…
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Court rules no deemed dividend for shareholder with debenture account balance e…
The case involves an assessee who was a shareholder of more than 10% in M/s. Star Synthetics Pvt. Ltd. The Assessing Officer treated certain amounts received by the assessee from the company as deemed dividend under Section 2(22)(e) of the Income Ta…
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Tax Deduction at Source: DTAA Prevails Over Domestic Law, Rules ITAT in Favor o…
Income Tax,Jun. 08, 2021The Income Tax Appellate Tribunal (ITAT) dismissed the Revenue's appeals, ruling that the provisions of the Double Taxation Avoidance Agreement (DTAA) override the domestic law, including Section 206AA of the Income Tax Act, 1961. The case involved an assessee company that made payments to non-residents and deducted tax at source (TDS) based on the DTAA rates, rather than the higher rates prescribed under Section 206AA for non-furnishing of PAN.
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Anticipatory bail granted to man accused in Rs 700 cr forex remittance scam due…
Income Tax,Mar. 14, 2024The Delhi High Court granted anticipatory bail to Amit Aggarwal, accused in a Rs 700 crore forex remittance scam case being probed by the Enforcement Directorate (ED). The court found no evidence of 'proceeds of crime' being generated from the alleged forgery of certificates, a key requirement for the money laundering offence. Aggarwal's ill health and need for constant medical supervision also weighed in favour of bail.
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Computer Sciences Corporation India wins tax dispute over withholding tax rates…
Income Tax,May. 11, 2021The case involves Computer Sciences Corporation India Pvt. Ltd. (the assessee), which made payments for technical services to its US parent company. The dispute centered around the applicable withholding tax rate – whether it should be as per the India-US tax treaty (DTAA) at 15% or as per Section 206AA of the Income Tax Act at 20%/25% for non-furnishing of PAN. The Income Tax Appellate Tribunal (ITAT) ruled in favor of the assessee, upholding the …
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Court upholds ITAT order allowing tax deduction at DTAA rate despite lack of PA…
Income Tax,Mar. 16, 2023This case deals with the issue of whether the provisions of Section 206AA of the Income Tax Act, which mandates a higher tax deduction rate for non-residents without a Permanent Account Number (PAN), can override the beneficial tax rates provided under the Double Taxation Avoidance Agreement (DTAA) between India and the Netherlands. The Income Tax Appellate Tribunal (ITAT) had ruled in favor of the assessee, allowing them to deduct tax at the lower…
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Court upholds primacy of India-Singapore tax treaty over domestic law, quashes …
Income Tax,Mar. 14, 2024The 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-Singapore Double Taxation Avoidance Agreement (DTAA) capped the TDS rate at 10% for royalties, overriding the domestic law provision. The court quashed the impugned section as violative of the DTAA and con…
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-Singapore Double Taxation Avoidance Agreement (DTAA) capped the TDS rate at 10% for royalties, overriding the domestic law provision. The court quashed the impugned section as violative of the DTAA and con…
Income Tax,Jul. 11, 2020-
Tax deduction on payments to non-residents governed by DTAA rates, not Section …
Income Tax,Mar. 14, 2024The 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 Avoidance Agreements (DTAAs) between India and the countries of the non-resident recipients. The tax department (Revenue) contended that since some of the non-resident recipients did not furnish their Perm…
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Assessee wins on capital gains tax dispute over NIIT share sale, court rejects …
Income Tax,Jul. 21, 2020This 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. The Revenue disputed the sale date, consideration amount, and Section 54F exemption eligibility. After a long legal battle, the Delhi High Court ruled in favor of the assessee on the capital gains tax i…
Insider trading charges against Biocon executive quashed, but penalty upheld fo…
Customs & Excise,Mar. 13, 2024The 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 a penalty of Rs. 2 lacs for alleged insider trading violations. The executive was accused of trading in Biocon shares while in possession of unpublished price-sensitive information (UPSI) related to a co…
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 Revenue Department challenged this decision in the High Court of Karnataka. The High Court upheld the ITAT's ruling, holding that the lands retained their agricultural character despite conversion, as the ass…
Income Tax,Mar. 16, 2023-
Income Tax , Jun. 23. 2021
Senior citizen's sale of agricultural land beyond 8km from municipality exempte…
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Income Tax , Mar. 16. 2024Court upholds tax reassessment notice, rejects plea for disclosure of evidence
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Income Tax , Oct. 07. 2020Court upholds agricultural land exemption for land sale in Juchandra village de…
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Income Tax , Mar. 31. 2021Court quashes tax officer's order on reopening assessment, remands for fresh co…
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Income Tax , Mar. 16. 2024Court dismisses writ petition challenging income tax reassessment notice, citin…
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