Final assessment order served after the statutory deadline is invalid and barred by limitation. Issue Whether a final assessment order passed by the Assessing Officer pursuant to Dispute Resolution Panel (DRP) directions is legally barred by limitation if it is signed within the deadline but is dispatched and served on the assessee after the expiry… Read More »

Advance sale of room nights receipts are not taxable as revenue receipts, dismissing revenue’s SLP. Issue Whether the receipts from the advance sale of room nights by the assessee-firm are taxable as revenue receipts for the Assessment Year 2011-12, or if the Revenue’s Special Leave Petition (SLP) against the high court’s favorable order is liable… Read More »

Reassessment notices served on an NRI’s PAN or passport address are valid, but ex-parte orders without actual notice violate natural justice. Issue Whether the reassessment proceedings and consequential recovery actions initiated against a Non-Resident Indian (NRI) assessee were valid when statutory notices were directed to the domestic address listed in her PAN and passport, but… Read More »

Corporate car and telephone disallowances for personal use are deleted absent changed business facts. Issue Whether the Tribunal was justified in sustaining a 1/6th disallowance of car and telephone expenses on the grounds of personal use by a corporate assessee, especially when identical disallowances were deleted in preceding assessment years and no striking change in… Read More »

Retrospective amendment justifies rectification of past Tribunal orders via revenue’s miscellaneous application. Issue Whether the Income Tax Appellate Tribunal is justified in entertaining a miscellaneous application to rectify its previously passed final order based on a subsequent legislative amendment to Section 80P(2)(a)(iii) that was enacted with retrospective effect. Facts The assessee is a cooperative society… Read More »

Reassessment for AY 2015-16 is invalid as the statutory limitation window expired beyond TOLA coverage. Issue Whether the reassessment proceedings initiated for Assessment Year 2015-16 were barred by limitation under Section 149 of the Income-tax Act, 1961, given that the relaxation provisions under the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act,… Read More »