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India-US DTAA: Delhi High Court on ‘Preparatory’ and ‘Auxiliary’ Activities Under Article 5
Delhi HC clarifies the scope of ‘preparatory’ and ‘auxiliary’ activities under the India-US DTAA, focusing on Permanent Establishments.
Dec 31, 20245 min read
Permanent Establishment or Misconception? ITAT Clarifies the 120-Day Rule
Does the 120-day rule always create a Permanent Establishment? ITAT clarifies the criteria for taxation under the India-USA DTAA.
Dec 30, 20244 min read
ITAT Delhi Rules on Non-Resident Taxation: Source-Based Income from Indian Entities Liable to Tax Despite DTAA Protection
The ITAT Delhi clarifies that Section 5(2) prevails over Section 9(2) for non-resident taxation when the income source is in India.
Dec 27, 20242 min read
Delhi High Court Upholds ITAT’s Ruling in the Absence of ‘Finding or Direction’ Under Section 150 of the Income-Tax Act, 1961
Delhi HC upholds ITAT's ruling that reassessment under s. 150 of the Income-Tax Act is invalid without a specific 'finding or direction.'
Dec 26, 20244 min read
Telangana High Court: Assessee's Inability to Disprove Sworn Statement Results in Tax Addition
Telangana HC rules that sworn statements under Section 132(4) hold evidentiary value unless effectively rebutted by the assessee.
Dec 24, 20242 min read
Finality in Tax Settlement: Delhi High Court Invalidates Unauthorized Reassessment Under the DTVSV Act
Delhi High Court rules that tax settlements under the DTVSV Act are final and prohibit unauthorised reopening of concluded disputes.
Dec 23, 20244 min read
The ITAT Bangalore clarifies Permanent Establishment and Fees for Technical Services under India-USA DTAA
SanDisk India's role in PE creation and reimbursements for seconded employees under India-USA DTAA analysed by ITAT Bangalore in key ruling.
Dec 23, 20244 min read
Delhi High Court Quashes Reassessment: Upholds Statutory Time Limits in Tax Cases
The Delhi HC quashes reassessment notices, reinforcing statutory time limits under the Income-tax Act and clarifying procedural safeguards.
Dec 12, 20243 min read
Taxation of Virtual Digital Assets: ITAT Holds Bitcoin Gains to be Taxed as Capital Assets
ITAT rules Bitcoin gains as capital assets, taxable under capital gains, not other income, pre-A.Y. 2022-23.
Dec 6, 20244 min read
CBDT 2024 Amendment: Safe Harbour Rules for Foreign Companies Selling Raw Diamonds in Special Notified Zones
CBDT amends 2024 Safe Harbour Rules, extending coverage for foreign companies selling raw diamonds in Special Notified Zones.
Dec 4, 20243 min read
Comprehensive v. Partial Dispute Resolution: Delhi High Court Restricts the Scope of Settlement under the DTVSV Act
Delhi High Court upholds taxpayer rights under the DTVSV Act, clarifying the autonomy to settle specific disputes without Revenue compulsion
Dec 3, 20244 min read
Tax Amnesty Schemes in India
Tax amnesty schemes address tax evasion by resolving disputes, boosting compliance, and generating revenue while balancing fairness.
Nov 30, 202415 min read
Delhi HC: Judicial Analysis of Interplay Between Sections 153C and 147 in Tax Reassessment
Delhi HC clarifies interplay between ss. 153C and 147, ensuring reassessment integrity while balancing procedural and jurisdictional powers.
Nov 30, 20244 min read
Assessing Officer’s Duty to Conduct an Independent Inquiry: ITAT Clarifies the Burden of Proof under Section 68 of the Income-Tax Act
ITAT highlights the importance of evidence over procedural lapses, clarifying the Assessing Officer's duty under s. 68 of the Income-Tax Act
Nov 30, 20244 min read
Bombay High Court Clarifies Revenue v. Capital Expenses under Income-tax Act
The Bombay High Court ruled that broken period interest and debenture issuance expenses qualify as deductible business expenditure.
Nov 25, 20243 min read
Delhi High Court: Prosecution under the Black Money Act Not Contingent on Completion of Assessment
Delhi HC affirms that prosecution under the Black Money Act can proceed independently of tax assessment proceedings under s. 10.
Nov 23, 20244 min read
ITAT Ruling on Deductibility of Loss on Inter-Corporate Deposits
The ITAT reviews the deductibility of losses on inter-corporate deposits, emphasising statutory compliance and evidentiary support.
Nov 22, 20243 min read
Arm’s Length Principle Upheld: Special Bench Rules on Taxation of Transactions Between Permanent Establishment & Head Office Under Transfer Pricing Laws
The ITAT Special Bench clarifies that HO-PE transactions are subject to arm's length pricing under TP laws, ensuring compliance.
Nov 20, 20244 min read
Delhi High Court Clarifies JAO Jurisdiction in Reassessment Under Faceless Scheme
Delhi HC confirms JAO's authority to issue reassessment notices under s. 148 despite the adoption of the Faceless Reassessment Scheme.
Nov 14, 20244 min read
Delhi HC: Reassessment Barred Once Nature and Source of Receipts Are Satisfactorily Proven
The Delhi HC invalidated reassessment notices under s.148, citing a lack of fresh evidence and reiterating fairness in tax governance.
Nov 5, 20244 min read