Tag Archives: Deputy Commissioner of Income-tax

Assessee wins corporate guarantee, R&D, and registration claims; medical freebies and late welfare dues disallowed.

By | June 22, 2026
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Assessee wins corporate guarantee, R&D, and registration claims; medical freebies and late welfare dues disallowed. Issue Whether the various additions and disallowances made by the Assessing Officer (AO) for Assessment Year 2013-14—concerning corporate guarantees, interest on borrowings, weighted R&D deductions, product registration expenses, exempt income disallowances (under regular and MAT provisions), foreign exchange hedging losses,… Read More »

Common Area Maintenance charges paid by tenants are subject to TDS as contractual service fees, not as rent.

By | June 20, 2026
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Common Area Maintenance charges paid by tenants are subject to TDS as contractual service fees, not as rent. Issue Whether Common Area Maintenance (CAM) charges paid by a tenant company to a mall operator are liable for Tax Deducted at Source (TDS) under Section 194I at the rate of 10% as “Rent,” or if they… Read More »

Reassessment notice issued with sanction from an incorrect, lower authority under Section 151 is invalid and void.

By | June 20, 2026
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Reassessment notice issued with sanction from an incorrect, lower authority under Section 151 is invalid and void. Reassessment notice issued with sanction from an incorrect, lower authority under Section 151 is invalid and void. Issue Whether a reassessment notice issued under Section 148 for the Assessment Year (AY) 2016-17 is legally sustainable when the mandatory… Read More »

Approved IBC Resolution Plan completely freezes past liabilities, barring the Revenue from issuing Section 148 reassessment notices.

By | June 20, 2026
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Approved IBC Resolution Plan completely freezes past liabilities, barring the Revenue from issuing Section 148 reassessment notices. Issue Whether the Revenue can legally issue a reassessment notice under Section 148 or pass an order under Section 148A(d) for a period prior to the approval of a Resolution Plan under the Insolvency and Bankruptcy Code, 2016… Read More »

Consistency in Transfer Pricing methodology and prevention of double taxation on reversed provisions bind the Assessing Officer.

By | June 20, 2026
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Consistency in Transfer Pricing methodology and prevention of double taxation on reversed provisions bind the Assessing Officer. Consistency in Transfer Pricing methodology and prevention of double taxation on reversed provisions bind the Assessing Officer. Issue Whether the Transactional Net Margin Method (TNMM) at the entity level remains the most appropriate method for benchmarking international transactions… Read More »

High Court will not interfere with Appellate Tribunal’s condonation of delay unless arbitrary or perverse.

By | June 20, 2026
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High Court will not interfere with Appellate Tribunal’s condonation of delay unless arbitrary or perverse. Issue Whether the High Court, exercising appellate jurisdiction, should interfere with the Appellate Tribunal’s decision to condone a 763-day delay in filing a statutory appeal by the Revenue, when the Tribunal exercised its discretion in the interest of substantial justice.… Read More »

AO cannot impose a 200% misreporting penalty under Section 270A without specifying the exact statutory clause breached, especially when the taxpayer acted on a bona fide reliance on Form 16.

By | June 19, 2026
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AO cannot impose a 200% misreporting penalty under Section 270A without specifying the exact statutory clause breached, especially when the taxpayer acted on a bona fide reliance on Form 16. Issue Whether a 200% penalty for misreporting under Section 270A can be legally sustained when the Assessing Officer (AO) fails to specify the exact statutory… Read More »

Adjusting substantial tax refunds against a disputed demand without a prior Section 245 intimation is unlawful when the taxpayer has already deposited the mandatory 20% amount.

By | June 19, 2026
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Adjusting substantial tax refunds against a disputed demand without a prior Section 245 intimation is unlawful when the taxpayer has already deposited the mandatory 20% amount. Adjusting substantial tax refunds against a disputed demand without a prior Section 245 intimation is unlawful when the taxpayer has already deposited the mandatory 20% amount. Issue Whether the… Read More »

Notional interest on interest-free loans to a non-viable subsidiary cannot be taxed under the real income principle.

By | June 19, 2026
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Notional interest on interest-free loans to a non-viable subsidiary cannot be taxed under the real income principle. Issue Whether the tax authorities are justified in adding and taxing notional interest under Section 5 on long-term interest-free advances given to a non-viable subsidiary company, when both entities agreed not to charge interest and judicial consistency supports… Read More »

Common Area Maintenance (CAM) Charges Property Expenses Are Governing Under Section 194C as Contractual Work, Not Under Section 194I as Rent

By | June 18, 2026
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Common Area Maintenance (CAM) Charges Property Expenses Are Governing Under Section 194C as Contractual Work, Not Under Section 194I as Rent Issue Whether Common Area Maintenance (CAM) charges paid by a tenant under a lease agreement are liable for Tax Deduction at Source (TDS) at the rate of 10% as “Rent” under Section 194I, or… Read More »