Reassessment Notice Premised On Factually Incorrect Scrip Name Is Invalid And Liable To Be Quashed Reassessment Notice Premised On Factually Incorrect Scrip Name Is Invalid And Liable To Be Quashed Issue Validity of Reassessment Premised on Factually Incorrect Information: Whether a reopening notice issued under Section 148 read with Section 147 is legally sustainable when… Read More »
Cancellation of Section 12AA Registration Unsustainable When Plot Sales Retain Charitable Public Utility Character Cancellation of Section 12AA Registration Unsustainable When Plot Sales Retain Charitable Public Utility Character Issue Validity of Registration Cancellation under Section 12AA: Whether the DIT(E) was justified in cancelling the assessee’s registration under Section 12AA on the ground that it was… Read More »
Tribunal cannot rely on subsequent assessment order passed under Section 263 to justify PCIT’s revisionary jurisdiction. Issue Whether the Tribunal, while deciding a challenge to the PCIT’s invocation of revisionary jurisdiction under Section 263, erred in relying upon a subsequent assessment order passed pursuant to that very Section 263 direction. Facts Section 263 Revision: For… Read More »
Reopening under Section 148 is valid if initial information indicates income escaping tax exceeds 50 lakh rupees. Reopening under Section 148 is valid if initial information indicates income escaping tax exceeds 50 lakh rupees. Issue Whether a notice issued under Section 148 after 3 years but within 5 years is valid based on initial information… Read More »
A trust with main objects benefiting the general public qualifies as charitable under Section 12AB. Issue Whether a Section 8 company whose main objects benefit the public at large qualifies for registration under Section 12AB, even if certain incidental or ancillary objects involve welfare activities for its members. Facts The respondent-trust, incorporated as a Section… Read More »
Section 148 Reassessment Notice for AY 2015-16 Quashed as Barred by Ten-Year Limitation Period Issue Whether the assessment year relevant to the previous year in which a search is conducted must be included when reckoning the extended ten-year limitation period under Section 149 read with Explanation 1 to Section 153A/153C, rendering a Section 148 notice… Read More »
Reassessment Sanction Granted by PCIT Instead of PCCIT After Three Years Is Void Ab Initio Reassessment Sanction Granted by PCIT Instead of PCCIT After Three Years Is Void Ab Initio Issue Whether a reassessment notice issued under Section 148 and an order passed under Section 148A(d) after the expiry of three years from the end… Read More »
DGCEI is a Law Enforcement Agency, Exempting Revenue Appeals From Low Tax Effect Monetary Limits Issue Whether the Directorate General of Central Excise Intelligence (DGCEI) qualifies as a law enforcement agency under paragraph 10(e) of the CBDT Circular dated 11.07.2018 (read with Circular dated 20.08.2018), thereby exempting the Revenue’s appeal from dismissal based on low… Read More »
Delayed GSTAT Appeal Filed Without Statutory Pre-Deposit and Stay Undertaking Bars Recovery Refund Claim Delayed GSTAT Appeal Filed Without Statutory Pre-Deposit and Stay Undertaking Bars Recovery Refund Claim Issue Whether an assessee is entitled to a refund of tax recovered by the Revenue after the issuance of an Order-in-Appeal, where the assessee fails to file… Read More »
Voluntary GST payment via DRC-03 during search cannot be challenged as coercive after prolonged silence. Issue Whether tax dues deposited via Form GST DRC-03 during a search operation can be challenged as a coercive recovery through a writ petition after a two-year delay without any contemporaneous complaint. Whether the delayed issuance of an acknowledgment in… Read More »