Faceless Assessment: Order Quashed for Non-Compliance with High Court Directions on Cross-Examination

By | May 26, 2025

Faceless Assessment: Order Quashed for Non-Compliance with High Court Directions on Cross-Examination Issue: Whether an assessment order passed in a faceless assessment regime, in “utter disregard” of explicit High Court directions to provide relied-upon documents, grant opportunity for cross-examination, and provide a fresh hearing, should be quashed solely on the ground of non-compliance with these… Read More »

Overseas Company Shares: Assessee Not Beneficial Owner of Company’s Assets; Income Not Taxable in Shareholder’s Hands.

By | May 24, 2025

I. Overseas Company Shares: Assessee Not Beneficial Owner of Company’s Assets; Income Not Taxable in Shareholder’s Hands. Issue: Whether shareholders of an overseas investment holding company (CCL), including the assessee and his family members, can be considered “beneficial owners” of the company’s underlying assets (flats in London) for the purpose of Explanation 4 to Section… Read More »

Section 45(4) Inapplicable to Capital Contribution by Incoming Partner.

By | May 24, 2025

I. Section 45(4) Inapplicable to Capital Contribution by Incoming Partner. Issue: Whether Section 45(4) of the Income-tax Act, 1961, which deals with capital gains on distribution of assets by a firm, is applicable when a new partner introduces capital into the firm, and no assets are transferred from the firm to the individual partners. Facts:… Read More »

Liquidated Damages as Business Expenditure: TATA Claim Allowed, BSNL Claim Remanded.

By | May 24, 2025

I. Liquidated Damages as Business Expenditure: TATA Claim Allowed, BSNL Claim Remanded. Issue: Whether liquidated damages payable by an assessee for failing to meet contract delivery deadlines with BSNL and TATA become a real liability and are deductible under Section 37(1) of the Income-tax Act, 1961, in the year the delay occurs, even if actual… Read More »

Charitable Trust (Cow Care) Registration Application Remanded for Fresh Adjudication Due to Summary Rejection and Portal Issues.

By | May 24, 2025

Charitable Trust (Cow Care) Registration Application Remanded for Fresh Adjudication Due to Summary Rejection and Portal Issues. Issue: Whether a Commissioner (Exemption) can summarily reject an application for registration under Section 12A of the Income-tax Act, 1961, from a trust engaged in cow care, merely because the assessee claimed not to have filed a formal… Read More »

Charitable Trust’s Exemption Allowed Despite ITR Filing Error, Given Proper Application of Funds and 12A Registration.

By | May 24, 2025

Charitable Trust’s Exemption Allowed Despite ITR Filing Error, Given Proper Application of Funds and 12A Registration. Issue: Whether a charitable trust, registered under Section 12A for imparting education, should be denied exemption under Section 11 of the Income-tax Act, 1961, solely because it incorrectly filled or omitted to fill a specific column in its Income… Read More »

Educational Institution’s Exemption u/s 10(23C) Allowed for AY 2017-18 Despite Non-Filing of Return, as Proviso Not Retrospective.

By | May 24, 2025

Educational Institution’s Exemption Under Section 10(23C)(vi) Allowed for AY 2017-18 Despite Non-Filing of Return, as Proviso Not Retrospective. Issue: Whether an educational institution, whose annual receipts exceeded the threshold for automatic exemption under Section 10(23C)(iiiad) and which obtained specific approval for exemption under Section 10(23C)(vi) from the Commissioner (Exemption), can be denied this exemption for… Read More »

Educational Institution’s Exemption u/s 10(23C) Allowed on Interest from Govt Grant Used for Institute’s Purpose.

By | May 24, 2025

Educational Institution’s Exemption Under Section 10(23C)(iiiab) Allowed on Interest from Government Grant Used for Institute’s Purpose. Issue: Whether an educational institution primarily funded by the Central Government is entitled to exemption under Section 10(23C)(iiiab) of the Income-tax Act, 1961, when the Assessing Officer denies it on the ground of not being “substantially financed by the… Read More »

No addition for cash deposits in NRO account; NRI assessee provided all material facts and documents.

By | May 24, 2025

Best Judgment Assessment Quashed for Lack of Opportunity of Hearing, Remanded for Fresh Consideration. Issue: Whether a best judgment assessment under Section 144 of the Income-tax Act, 1961, and a subsequent rejection of a revision petition under Section 264, are valid if the Assessing Officer (AO) and the Commissioner (while exercising revisional powers) fail to… Read More »