Income Tax Act
ITAT, Delhi quashes reassessment made on basis of notice issued u/s 148 of Income Tax Act by non-jurisdictional Assessing Officer which led to addition of 12.5 lakhs
“The reassessment notice was issued by ITO, Ward 69(1), New Delhi, under Section 148 and lacked jurisdiction as the jurisdiction was with ITO, Ward 4(1), Gurgaon. Hence, the subsequent assessment completed by ITO, Ward 4(1), Gurgaon, based on this notice was legally flawed.”
Delhi High Court sets aside Assessment Order passed against Bausch and Lomb for violation of natural justice principles
It is wholly insufficient to proceed to make an addition on the basis that CBIC is an apex body and information provided by it cannot be doubted, without even analyzing such information.
S. 269-SS of Income Tax Act not applicable to receipt of sale consideration of immovable property in cash but only on loan or deposit: ITAT, Delhi
“Section 269-SS of the Income Tax Act, 1961 has a specific bar on receiving a sum more than 20,000/- from any other persons by way of loan or deposit.”
2024 SCC Vol. 3 Part 3
Civil Procedure Code, 1908 — S. 75(c), Or. 26 Rr. 10-A, 9 and 10: Direction of trial court to Director of Archaeological
‘Discovery of material impacting assessment of total income not intended to set off a chain reaction’: Delhi HC quashes notices issued u/s Section 153C of the IT Act, 1961
“It is only once the Assessing Officer of the non-searched entity is satisfied that the material coming into its possession is likely to “have a bearing on the determination of the total income” that a notice under Section 153C would be issued.”
2024 SCC Vol. 2 Part 3
Arbitration and Conciliation Act, 1996 — S. 34: Objections to the award: Law summarised relating to Court’s power to review awards under
Franchise or Distributorship | Section 194-H of IT Act not applicable to Telecom Companies: Supreme Court
Supreme Court clarified that the legal position of a distributor and agent was not similar, for a distributor is an independent contractor, not being a communicator between principal and the third party unlike an agent, free from control of his employer.
Delhi HC sets aside CIC order allowing disclosure of exemption sought by Shri Ram Janmabhoomi Teerth Kshetra for its donations
“The information pertaining to an assessee cannot be granted under the Right to Information Act, 2005 in view of Section 138(1)(b) of the Income Tax Act, 1961.”
Delhi High Court: ‘Subscription Fee’ income not classified as ‘royalties’ or ‘included services’ under DTAA and IT Act
Delhi High Court elucidated the treatment of subscription fees vis-à-vis royalties and technical services under both the Double Taxation Avoidance Agreement (DTAA) and the Income Tax Act and clarified the distinction between income from subscription fees and payments for intellectual property rights or technical consultancy services.
2024 SCC Vol. 1 Part 2
Reservation, Concession, Exemption, Relaxation and Affirmative Action — Caste/Tribe Certificate: Matters to be considered while determining whether cancellation of caste certification is
Income derived from transmission of ‘live feed’ not taxable as ‘royalty income’ u/s 9(1)(vi) of Income Tax Act, 1961: Delhi High Court
“Once it is concluded that a live telecast will not fall within the ambit of the expression “work”, it will be wholly erroneous to hold that the income derived by the assessee in respect of “live feed” will fall within clause (v) of Explanation 2 to Section 9(1)(vi) of the Income Tax Act, 1961.”
Calcutta High Court affirms Section 148A(d) IT Act order; directs active participation in re-assessment proceedings
Calcutta High Court observed that the assessing officer issued the impugned notice based on the high-value cash deposits during the demonetization period.
Notice under section 2(35) of Income Tax Act not served; Bombay High Court quashes prosecution against independent director
“Passing orders of issuance of a process without appreciating the statutory provisions and cautiously examining the material on record may put the wheels of criminal law in motion and summon an innocent individual to stand trial.”
Delhi HC upholds constitutional validity of Section 115BBE of Income Tax Act, 1961; Says ‘cannot be held unconstitutional on apprehension of misuse’
“It is settled law that the Act provides a complete machinery for assessment or re-assessment of tax and the assessee is not permitted to abandon that machinery to invoke jurisdiction of the High Court under Article 226 of the Constitution.”
Justice BV Nagarathna: Igniting Hope for the First Ever Woman Chief Justice of India
Justice B. V Nagarathna is currently serving as a Judge of Supreme Court of India. She formerly served as a Judge of Karnataka High Court until her elevation to the Supreme Court. Justice Nagarathna is also the potential contender for the first ever woman Chief Justice of India.
Supreme Court refers 2018 Electoral Bonds Scheme Case to 5-judge Constitution Bench
The Finance Act, 2017 introduced a system by which electoral bonds could be issued by any scheduled bank for the purpose of electoral funding.
KSCARDB a co-operative society, entitled to benefit under Section 80P of Income Tax Act: Supreme Court
The instant appeals had challenged the orders passed by Kerala High Court, Commissioner of Income Tax (Appeals) (‘CIT(A)’) and Income Tax Appellate Tribunal (‘ITAT’).
Payment of interest on cash loan falls considered unexplained expenditure under Section 69C of the Income Tax Act, 1961: Calcutta High Court
Calcutta High Court held that the order passed by the assessing officer under Section 148A(d) of the Income Tax Act was not a non-speaking order and did not suffer from a lack of application of mind.
2023 SCC Vol. 7 Part 2
Arbitration and Conciliation Act, 1996 — Ss. 8 and 11: Application seeking reference to arbitration in pending civil suit is not acceptable