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Rajasthan High Court on GST Overreach: Section 73 Show Cause Notice Quashed After Section 61 Acceptance
Rajasthan HC quashes GST SCN under Section 73, ruling it invalid post-Section 61 acceptance—reinforcing limits on tax jurisdiction.
Feb 1, 20244 min read
DTAA Deliberations: ITAT Decodes the Taxability of FTS in India
Introduction The recent ruling in Solvay Asia Pacific Pte. Ltd. v. Deputy Commissioner of Income-tax. (IT), Circle-3(1)(2), International...
Feb 1, 20244 min read
Ensuring Procedural Fairness and Evidentiary Rigor: A Case Analysis of DCIT v. Hitel Nitin Shah
Explore the nuances of tax law as we dissect the DCIT v. Hitel Nitin Shah case, emphasizing justice and evidential precision.
Feb 1, 20244 min read
[ITAT Delhi] – Reopening Under s. 148 of the ITA Held Void Ab Initio as Mere Repatriation of Funds Did Not Lead to Escapement of Income
ITAT Delhi rules in favor of BCP V Singapore, declaring AO's reassessment void due to no income escape and procedural lapses.
Jan 31, 20243 min read
[Jharkhand HC] Reassessment Without Concrete Evidence is Unmaintainable
Jharkhand HC decision: Invalid reassessment without solid evidence cannot proceed, upholding principles of justice.
Jan 31, 20243 min read
ITAT Strikes Down Notice under S. 148 of the IT Act for Lack of Prima Facie Satisfaction
Introduction In the recent case of AEP Investments (Mauritius) Ltd. v. The ACIT Circle Int Tax 1(1)(1), Delhi [i] , the Income Tax...
Jan 29, 20243 min read
The CBDT’s Explanatory Circular on the Finance Act, 2023
Introduction The Central Board of Direct Taxes ( ‘CBDT' ) has released an explanatory circular [ i ] that outlines key amendments to the...
Jan 26, 20244 min read
Decoding the Grey: ITAT Upholds Revenue’s Stance Against Penny Stock Schemes
Explore the ITAT's decisive ruling on tax exemptions for penny stock gains. A critical look at legal complexities.
Jan 22, 20243 min read
[SC] SLP Filed by Income-Tax Department Dismissed on the Ground of Delay of 325 Days
Supreme Court stresses timeliness in rejecting a delayed tax appeal, underscoring legal punctuality's importance.
Jan 19, 20242 min read
Redefining Tax Notice Procedures: Rajasthan High Court's Critical Stance on Compliance and Jurisdiction
Introduction In a landmark judgment, the Rajasthan High Court bench at Jaipur ( ‘the Court’ ) pronounced a pivotal decision in Bijendra...
Jan 16, 20244 min read
Full Disclosure & Bona Fide Claims: The Deciding Factor Against Penalties in Tax Law
Introduction The Supreme Court ( ‘SC’ ) in the case of Principal Commissioner of Income Tax v. Indusind Bank Ltd . [i] dismissed the...
Jan 12, 20242 min read
High Court Quashes SCN issued under CGST Act: Pre-requisites for Issuance of SCNs in GST Proceedings Explained
Introduction The Calcutta High Court ( ‘the Court’ ) recently rendered a decision in the case of Diamond Beverages (P.) Ltd. v. Assistant...
Jan 3, 20243 min read
Supreme Court’s ruling on the MFN Clause in DTAAs between India and OECD Member Countries
Introduction Justice Ravindra Bhat of the Supreme Court has delivered a landmark judgment in AO Circle v. Nestle SA [ i ] on the...
Nov 22, 20234 min read
Stay Ahead of Penalties: A Closer Look at ITC Reversal for FY 2022-23
Introduction The recent notice dated 14.11.2023 provides a comprehensive summary of important aspects concerning the reversal of input...
Nov 18, 20232 min read
Impact of CIRP and Moratorium on Tax Appeals: Analysis of ITAT’s Decision
Introduction The Income Tax Appellate Tribunal ( ‘ITAT' ), Delhi Bench, recently rendered a significant decision in the case of DCIT v....
Nov 14, 20233 min read
ITAT Delhi Ruling: WhatsApp Chats Alone Insufficient for Addition under S. 69C of the Income Tax Act
In the case of Designers Point (India) P. Ltd. v. ACIT, New Delhi [i] , the Income Tax Appellate Tribunal – Delhi (‘ITAT’) allowed the...
Oct 13, 20233 min read
[Telangana HC] GST Implications of Personal Guarantees by Directors
Introduction It is a common practice for companies to borrow money, and/or raise a loan from banks and/or financial institutions during...
Oct 9, 20234 min read
Assessee Loses Appeal before ITAT for Lack of Participation and Evidence
Introduction In the matter of M/s Adim Jati Seva Sahkari Samiti Maryadit v. The Income Tax Officer – 2, Korba [i] , the Income Tax...
Oct 6, 20234 min read
Taxing Net Income, Not Gross Receipts: ITAT’s Clarification on Charitable Trust’s Taxation
ITAT rules on proper tax base for charities, stressing net income and registration impacts.
Oct 3, 20233 min read
[Bombay HC] Reassessment requires approval of a Specific Authority, not the AO’s change of mind
In the case of Siemens Financial Services Pvt. Ltd. v. DCIT, Mumbai and Ors. [i] , the Bombay High Court analyzed the arguments presented...
Sep 23, 20235 min read