VSV 2024 Eligibility Based on Appeal’s Pendency, Not its Maintainability. Issue Whether a declaration filed under the Direct Tax Vivad Se Vishwas (VSV) Scheme, 2024, can be rejected by the Designated Authority on the grounds that the assessee’s appeal, which was pending on the specified date, was “not maintainable” or “invalid” because it was filed… Read More »
Revision Quashed: AO’s Acceptance of 6% Estimated Profit Was a Plausible View. Issue Whether a Principal Commissioner (PCIT) can invoke revisionary jurisdiction under Section 263 to set aside an assessment order as “erroneous,” simply because the Assessing Officer (AO), after a full inquiry, accepted the assessee’s 6% profit estimate (in a non-presumptive taxation case) and… Read More »
PCIT Cannot Invoke Section 263 on Plausible AO View That Liability Had Not Ceased. Issue Whether a Principal Commissioner (PCIT) can invoke revisionary jurisdiction under Section 263 of the Income-tax Act to set aside a reassessment order, on the grounds that the Assessing Officer (AO) took an erroneous view by not treating a long-outstanding liability… Read More »
TP Adjustment on Royalty Deleted as TPO Ignored Precedent and Prescribed Methods. Issue Can a Transfer Pricing Officer (TPO) reject the Arm’s Length Price (ALP) of a royalty payment by questioning its commercial prudence, without applying a prescribed method, especially when the issue was decided in the assessee’s favor in a prior year? Facts The… Read More »
“Right to Collect Toll” in a DBFOT Project is a Depreciable Intangible Asset, Not Covered by BOT Circular. Issue Whether an assessee (SPV) engaged in a “Design, Build, Finance, Operate and Transfer” (DBFOT) road project is entitled to claim depreciation under Section 32 of the Income-tax Act on its “Right to Collect Toll,” and whether… Read More »
PCIT (Central) Lacks Jurisdiction to Cancel 12A Registration; Power Remains with CIT(E). Issue Whether a Principal Commissioner of Income Tax (Central) [PCIT (Central)], who assumes jurisdiction over an assessee for the limited purpose of a search assessment (under Section 127), also has the jurisdiction to cancel the assessee’s charitable registration under Section 12AB? Facts The… Read More »
CA’s Inadvertent Error is a Reasonable Cause for Condoning Form 10 Delay. Issue Whether a 523-day delay in e-filing Form No. 10, caused by a Chartered Accountant’s inadvertent error (due to confusion over newly introduced e-filing requirements), constitutes a “reasonable cause” under Section 119(2)(b) that warrants condonation to prevent genuine hardship to the trust. Facts… Read More »
Late Audit Report Not Fatal if Filed Before Processing; HC Quashes 143(1) Exemption Denial. Issue Can a charitable trust’s tax exemption (under Section 11 or 10(23C)) be denied by the Centralized Processing Centre (CPC) in a summary intimation under Section 143(1) on the sole ground that the mandatory audit report was filed after the due… Read More »
Foreign Tax Credit Allowable Even if Indian Tax on Foreign Income is Nil Due to Exemptions Issue Whether an assessee can be denied Foreign Tax Credit (FTC) for taxes paid in a foreign country (Japan) on the grounds that the corresponding foreign income is not taxable in India, due to a Section 10A exemption or… Read More »
IMPORTANT GST CASE LAWS 13.11.2025 Section Case Law Title Brief Summary Citation Relevant Act 16 Alleima India (P.) Ltd., In re Applicant is eligible to avail Input Tax Credit (ITC) on capital goods and related services used for laying down cables from a substation to the factory premises, even though the assets were installed outside… Read More »