MeeSeva user charges collected above statutory fees are subject to GST and non-exempt. MeeSeva user charges collected above statutory fees are subject to GST and non-exempt. Issue Whether user charges collected by MeeSeva (Authorized Service Providers) over and above statutorily prescribed fees for Electronic Services Delivery (ESD) are eligible for GST exemption under Notification No.… Read More »
Taxpayer Allowed Deduction as Expenditure Incurred Wholly for Business Purpose directly Affirmed by Court Taxpayer Allowed Deduction as Expenditure Incurred Wholly for Business Purpose directly Affirmed by Court Issue Whether the expenses claimed by the assessee were incurred wholly and exclusively for the purpose of business, making them eligible for deduction under Section 37(1) of… Read More »
INCOME TAX CASE LAWS 23.09.20226 Section Case Law Title Brief Summary Citation Relevant Act Section 4 Jyoti H. Mehta v. DCIT Amount treated by AO as money market difference was actually a payment made by the assessee and thus not taxable. Click Here Income-tax Act, 1961 Section 5 Jyoti H. Mehta v. DCIT Where… Read More »
Complying with binding interim High Court directions protects against TDS default, interest, and penalty. Issue Whether an employer-bank can be treated as an “assessee in default” under Section 201(1), charged interest under Section 201(1A), or penalized under Section 271C for non-deduction of tax at source under Section 192 on Leave Fare Concession (LFC) reimbursements during… Read More »
Convenience fee retained by online ticketing platforms for independent services does not attract Section 194H TDS. Issue Whether the amount collected and retained by an online ticketing aggregator as a convenience fee from customers constitutes “commission” constructively paid by a multiplex operator, attracting TDS under Section 194H and consequential proceedings under Sections 201(1) and 201(1A).… Read More »
Section 153C proceedings quashed as inordinate delay in recording satisfaction note barred action by limitation. Issue Whether initiation of assessment proceedings under Section 153C against a third party is barred by limitation and without jurisdiction due to an inordinate, unexplained delay in recording satisfaction notes and issuing notice. Facts Search Conducted: Search and seizure operations… Read More »
Reassessment quashed as Assessing Officer failed to pass mandatory separate speaking order disposing objections. Issue Whether a reassessment order passed under Section 147 read with Section 144B is legally valid when the Assessing Officer fails to pass a separate speaking order disposing of the assessee’s objections before proceeding with the reassessment. Facts Background & Reopening:… Read More »
Reclassification of existing CCPS to share premium without fresh money receipt does not trigger Section 56(2)(viib). Reclassification of existing CCPS to share premium without fresh money receipt does not trigger Section 56(2)(viib). Issue Whether Section 56(2)(viib) can be invoked on accounting reclassifications of CCPS to share premium without fresh money receipt, and whether the Assessing… Read More »
Section 50C stamp valuation on agreement date applies when property consideration is fixed and advance paid earlier. Issue Whether the stamp duty value on the date when property consideration was fixed and advance paid through banking channels should be adopted under Section 50C, rather than the enhanced stamp value on the sale deed registration date.… Read More »
Additions for bogus purchases, unexplained WhatsApp cash, and ad hoc business expenses deleted for lack of proof. Issue Whether additions made towards alleged bogus purchases under Section 69C, unexplained cash inferred from an employee’s WhatsApp messages under Section 69A, and ad hoc disallowance of business expenses under Section 37(1) are legally sustainable without corroborative evidence… Read More »