Belated filing of Form 10E cannot deny substantial relief under Section 89 to an eligible employee. Issue Whether the lower tax authorities were justified in denying statutory relief under Section 89 of the Income-tax Act, 1961 for arrears of salary solely due to the belated filing of Form 10E and the absence of a prior… Read More »
Reassessment based solely on borrowed information from the Investigation Wing without independent application of mind is legally invalid and liable to be quashed. Issue Whether reassessment proceedings initiated under Section 147 can be sustained if the Assessing Officer acts entirely on information received from the Investigation Wing without independently applying their mind or verifying the… Read More »
Factual verification is required for double-taxed forex reversals, and market research firms qualify as support service comparables. Issue Whether the additional ground raised regarding double-taxation of a reversed forex loss provision requires fresh factual verification by the Assessing Officer when dismissed by lower authorities for want of evidence. Whether Cyber Media Research Ltd., a company… Read More »
Consumer supply rate of State Electricity Board governs transfer pricing for Section 80-IA power deductions. Issue Whether the market value of power generated by an assessee’s captive wind mill division for deduction under Section 80-IA should be determined based on the rate at which the State Electricity Board (TNEB) supplies power to its consumers, or… Read More »
Enhanced leave encashment limit of Rs. 25 lakh applies retrospectively to remove disparity for PSU retirees. Issue Whether the delay of 1165 days in filing the appeal could be condoned on the grounds that it was caused by waiting for subsequent judicial developments and the issuance of a beneficial CBDT notification. Whether the enhancement of… Read More »
Provisional attachment of an abettor’s personal property is unsustainable under the PBPT Act unless explicitly proved to be benami. Issue Whether the Prohibition of Benami Property Transactions (PBPT) Act, 1988 permits the continued provisional attachment of personal properties belonging to an individual declared as an abettor, rather than a benamidar or beneficial owner, in the… Read More »
Unexplained cash qualifies as benami property under the PBPT Act, regardless of income tax filings. Issues Whether unexplained or unaccounted cash falls within the definition of “property” as a tangible movable asset under Section 2(26) of the Prohibition of Benami Property Transactions (PBPT) Act, 1988, and can be treated as “benami property”. Whether a benami… Read More »