Challenge to Inter-State Supply Determination: Assessee Relegated to Appeal Remedy Summary in Key Points: Issue: Was the respondent authority’s determination of the assessee’s supplies as intra-state, and the consequent levy of CGST and SGST, correct? Facts: The assessee claimed their supplies were inter-state and subject to IGST, while the respondent authority treated them as intra-state,… Read More »
7 IMPORTANT INCOME TAX CASE LAWS 11.02.2025 Sr No Case Law Title Brief Summary Citation Relevant Section and Act 1 Commissioner of Income-tax (Exemptions) v. Indira Trust Provisional registration under Section 12A(1)(ac)(i) construed as regular registration. Click Here Section 12A Income Tax Act, 1961 2 Aalap Digital Music (P.) Ltd. v. ACIT, Circle 1 (1)… Read More »
Waiver of Interest under Section 220(2A) Rejected: Assessee Failed to Establish Genuine Hardship Summary in Key Points: Issue: Was the Chief Commissioner justified in rejecting the assessee’s application for waiver of interest under Section 220(2A)? Facts: The assessee sought a waiver of interest, claiming an inability to pay tax due to delays in encashing seized… Read More »
Reopening Notices Quashed: No Incriminating Material or Satisfaction Note for Section 153C Summary in Key Points: Issue: Were the reopening notices issued under Section 153C valid when there was no incriminating material found for the relevant assessment years and the satisfaction note did not explain how the discovered material would impact the determination of total… Read More »
Search and Block Assessment Invalid: Satisfaction Note Not Produced, SLP Dismissed Summary in Key Points: Issue: Was the search conducted under Section 132 and the subsequent block assessment valid, given the non-production of the satisfaction note despite repeated directions from the Tribunal and High Court? Facts: The assessee’s premises were searched, and a block assessment… Read More »
Section 115JB Inapplicable to Electricity Companies Before 2012 Amendment Summary in Key Points: Issue: Was Section 115JB (Minimum Alternate Tax) applicable to electricity companies before its amendment by the Finance Act, 2012, considering that these companies prepare accounts according to special statutes rather than Schedule VI of the Companies Act? Facts: The assessee, an electricity… Read More »
Unexplained Expenditures Set-off Allowed from Unaccounted Receipts , Internal cash Circulation within Group Companies Not Taxed, Personal Expenses not Taxed if these expenses were sourced from already taxed unaccounted receipts Summary in Key Points: Issue 1: Set-off of Unexplained Expenditures Can unaccounted expenditures be set off against unaccounted receipts for computing capital gains, or should… Read More »
License fee should be treated as deferred revenue expenditure and amortized over the six-year license period : HIGH COURT Summary in Key Points: Issue: Should the license fee paid for acquiring music rights be treated as a prior period expense or amortized over the license period? Facts: The assessee-company acquired audio and audio-visual rights for… Read More »
No Need for Final Registration: Provisional Registration Under Section 12A Deemed Regular Summary in Key Points: Issue: Was the assessee required to apply for final registration under Section 12A(1)(ac)(iii) after obtaining provisional registration under Section 12A(1)(ac)(i)? Facts: The assessee, already registered under Section 12A, applied for fresh registration under Section 12A(1)(ac)(i) due to amendments in… Read More »
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