Reassessment notice issued on or after April 1, 2021 for AY 2015-16 is time-barred and quashed. Issue Whether an income escaping assessment notice issued under Section 148 on or after April 1, 2021, relating to Assessment Year 2015-16, is barred by limitation and liable to be set aside. Facts The Assessee filed a writ petition… Read More »
Reassessment notice issued beyond three years for escaped income under fifty lakhs is quashed. Reassessment notice issued beyond three years for escaped income under fifty lakhs is quashed. Issue Whether the reassessment notice issued under Section 148 is legally sustainable when the alleged escaped income is less than ₹50 lakhs and the notice is issued… Read More »
Section 148 notice issued by a Jurisdictional Assessing Officer instead of the NFAC is legally invalid. Issue Whether a notice issued under Section 148 by a Jurisdictional Assessing Officer (JAO), instead of the National Faceless Assessment Centre (NFAC) as mandated by the CBDT Notification dated 29-3-2022, is valid and sustainable in law. Facts The Assessee… Read More »
Reassessment is validly initiated under Section 143(1), but interest on earmarked funds reduces pre-operative expenses. Issue Whether the Assessing Officer can validly reopen an assessment under Section 147 when the original return was only processed under Section 143(1) and no formal scrutiny assessment order was passed. Whether the Income Tax Appellate Tribunal has the jurisdiction… Read More »
Suppressed Sale Consideration Must Be Taxed As Capital Gains, Not As Unexplained Money. Issue Whether an undisclosed receipt toward a property sale, found during a third-party search, must be taxed as part of the full value of consideration under Capital Gains in the year of transfer, or if it can be treated as unexplained money… Read More »
No penalty for under-reporting is leviable on retrospective disallowance of a bona fide education cess claim. Issue Whether a penalty for under-reporting income under Section 270A can be legally sustained when the deduction claimed (Education Cess) was based on prevalent judicial precedents but was subsequently disallowed by a retrospective amendment under the Finance Act, 2022.… Read More »
Policy servicing fees to aggregators are allowable deductions, and Section 14A disallowance is inapplicable to insurance businesses. Issue Whether payments made by a general insurance company to aggregators/intermediaries for policy servicing and support activities can be disallowed under Explanation 1 to Section 37(1) as an expense prohibited by law, in the absence of any penal… Read More »
Post-Act suits cannot enforce rights in pre-existing benami properties, which face government acquisition. Issue Whether a plaintiff can maintain a suit to enforce rights or protect possession over a property purchased benami before 1988 if the suit is filed after the Benami Act’s commencement. Whether the original sellers or their legal heirs can assert continued… Read More »
Assessment Under Section 153C Requires Incriminating Material; Single Agricultural Land Sale Is Exempt Capital Asset. Issue Whether the Revenue can validly initiate proceedings and complete an assessment under Section 153C read with Section 153A without satisfying that the seized documents are of an “incriminating” nature and legally linkable to the relevant Assessment Year. Whether a… Read More »