Reassessment Notice Issued Beyond Limitation Period Under TOLA for AY 2015-16 Is Invalid Reassessment Notice Issued Beyond Limitation Period Under TOLA for AY 2015-16 Is Invalid Issue Whether the Section 148A(d) order and Section 148 notice issued on 27.07.2022 for Assessment Year 2015-16 were barred by limitation under the new reassessment regime as interpreted in… Read More »
Reassessment Notice Issued by JAO Instead of NFAC Remitted Back to High Court for Fresh Consideration Reassessment Notice Issued by JAO Instead of NFAC Remitted Back to High Court for Fresh Consideration Issue Whether reassessment notices issued under Section 148 by the Jurisdictional Assessing Officer (JAO) instead of the National Faceless Assessment Centre (NFAC) under… Read More »
Assessment Completed by ACIT Without Fresh Notice Under Section 143(2) Is Without Jurisdiction Issue Whether an assessment completed by an Assessing Officer (ACIT) under Section 143(3) without issuing a mandatory notice under Section 143(2) is void for lack of jurisdiction, even if a previous notice under Section 143(2) was issued by another officer (ITO). Facts… Read More »
Bona Fide Delay in Filing Form 10-IC Under Section 115BAA Deserves Condonation Under Section 119(2)(b) Issue Whether the delay in filing Form 10-IC for exercising the option of a concessional corporate tax rate under Section 115BAA should be condoned under Section 119(2)(b) when the assessee demonstrated a bona fide intention from the inception. Facts Context… Read More »
Co-Operative Housing Society Is Entitled to Section 80P(2)(d) Deduction on Interest Earned From Co-Operative Banks Issue Whether interest income earned by a co-operative housing society from fixed deposits maintained with co-operative banks is eligible for deduction under Section 80P(2)(d) of the Income-tax Act, 1961. Facts Assessee Profile: The assessee is a co-operative housing society registered… Read More »
Broader Auto-Component Manufacturer Is Valid TNMM Comparable and Loss Set-Off Must Be Granted Broader Auto-Component Manufacturer Is Valid TNMM Comparable and Loss Set-Off Must Be Granted Issue Whether a company performing broader auto-component manufacturing functions can be accepted as a valid comparable under the Transactional Net Margin Method (TNMM), particularly when accepted by the Transfer… Read More »
Section 153C Reassessment Proceedings Quashed as Unsigned MoU and Post-Search Public Documents Lacked Direct Nexus Issue Whether reassessment proceedings initiated under Section 153C were valid when based on an unsigned MoU without the assessee’s name and post-search documents lacking direct nexus to the search. Facts Search Operations: A search under Section 132 was conducted on… Read More »
Amount Received on Termination of Joint Venture Agreement Using Trademarks and Patents Is Not Taxable Under Unamended Section 55(2) Issue Whether the amount received by the assessee on termination of a joint venture agreement involving the use of know-how, labels, trademarks, and patents was taxable as capital gains under Section 55(2) as it stood during… Read More »
Disallowance Under Section 14A Cannot Be Added When Computing Book Profits Under Section 115JB Disallowance Under Section 14A Cannot Be Added When Computing Book Profits Under Section 115JB Issue Whether expenses disallowed under Section 14A read with Rule 8D can be added back to compute book profits under Section 115JB under Explanation 1(f) of the… Read More »
Redemption Fine Paid for Goods Confiscated Due to Import Law Violations Is Not Allowable Expenditure Issue Whether a redemption fine paid for releasing goods confiscated due to a breach of import conditions is an allowable business expenditure under Section 37(1). Facts Context: The matter pertains to Assessment Year 1988-89 involving the allowability of a redemption… Read More »