Reassessment notice issued beyond three years without PCCIT approval under Section 151 is invalid Issue Whether a notice issued under Section 148 after the expiry of three years from the end of the relevant assessment year without obtaining approval from the specified authority under Section 151 is valid, and whether the consequent reassessment order under… Read More »
Section 80GGC Deduction Disallowed as Political Donation Was a Non-Genuine Accommodation Entry Scheme Issue Whether a salaried employee is entitled to a deduction under Section 80GGC for a donation made to a political party when independent search findings establish that the donee entity operated as a conduit for providing bogus accommodation entries. Facts Deduction Claimed:… Read More »
Revision under Section 263 is impermissible when the Assessing Officer has conducted enquiries and no specific error is identified. Issue Whether the Principal Commissioner can validly invoke revisionary jurisdiction under Section 263 on the ground of lack of in-depth verification when the Assessing Officer had already called for and examined detailed documentary evidence during assessment,… Read More »
Additions under Section 153A deleted as no incriminating material was found during search and ownership under Section 69A remained unproven. Issue Whether additions under Section 153A can be made in an unabated assessment without any incriminating material found during the search, relying solely on pre-existing documents (Base Note) available with the Revenue. Whether Section 69A… Read More »
Reassessment Order Quashed as Assessing Officer Made No Addition on Reasons Recorded for Reopening Issue Whether a reassessment order passed under Section 147 is valid when the Assessing Officer makes additions on an entirely different ground (unexplained money under Section 69A) while making no addition on the specific ground for which the assessment was reopened… Read More »
Surplus from transfer of restored development rights is taxable as capital gains, not business income. Issue Whether gains from the transfer of restored development rights following JDA termination are taxable as capital gains or business income, whether such receipts are exempt capital receipts, and whether connected disallowances under Section 40(a)(ia) and claims for encroachment settlement… Read More »
PF/ESI delays due to COVID-19 and flash-flood asset losses are allowable, while TDS delay interest is penal. Issue Whether delay in remitting employees’ PF/ESI contributions due to COVID-19 lockdown restrictions warrants disallowance under Section 36(1)(va). Whether interest paid on late remittance of Tax Deducted at Source (TDS) is compensatory in nature and allowable as a… Read More »
Manipulated derivative trading losses from illiquid stock options are non-deductible, while reopening approval jurisdiction requires CIT(A) re-examination. Issue Whether losses generated from trading in illiquid stock option derivatives constitute genuine business losses allowable under Section 28(i) or pre-arranged, fictitious losses. Whether the reassessment proceedings under Section 147/148 were invalid due to procedural non-compliance under Section… Read More »
Matter remanded to verify whether branch office expenses post-business transfer are allowable under Section 28. Issue Whether expenses incurred by a foreign company’s Indian branch office post-transfer of its business on a going-concern basis are allowable under Section 28(i)/29 of the Income-tax Act, 1961. Facts Business Transfer: The assessee, a UK company operating in India… Read More »
CIT (Exemption) cannot make Section 12AB and 80G approvals subject to prospective Supreme Court challenges. CIT (Exemption) cannot make Section 12AB and 80G approvals subject to prospective Supreme Court challenges. Issue Whether the CIT (Exemption), while granting registration under Section 12AB and approval under Section 80G pursuant to a binding High Court ruling, was justified… Read More »