Reassessment order was upheld as notice under Section 143(2) was properly issued to the assessee. Reassessment order was upheld as notice under Section 143(2) was properly issued to the assessee. Issue Whether reassessment proceedings and the resulting additions under Section 69B were vitiated for lack of jurisdiction due to non-issuance of notice under Section 143(2),… Read More »
Supreme Court Issues Notice on Dismissal of Appeal Beyond Section 107(4) Outer Condonation Limit Supreme Court Issues Notice on Dismissal of Appeal Beyond Section 107(4) Outer Condonation Limit Issue Whether the Appellate Authority and High Court were justified in rejecting an appeal for delay beyond the maximum condonable period under Section 107(4), where the limitation… Read More »
Supreme Court Issues Notice on Revenue’s Demand for GST on DBFOT Road Construction Toll Rights Supreme Court Issues Notice on Revenue’s Demand for GST on DBFOT Road Construction Toll Rights Issue Whether the right to collect toll granted by NHAI under a DBFOT concession agreement constitutes non-monetary consideration for works contract services under Heading 9954… Read More »
Supreme Court Remits Section 148 Reassessment Jurisdiction Disputes to High Courts Following Governing Supreme Court Remits Section 148 Reassessment Jurisdiction Disputes to High Courts Following Governing Precedents Precedents Issue Whether reassessment notices issued under Section 148 by Jurisdictional Assessing Officers (JAOs) rather than the National Faceless Assessment Centre (NFAC) under Section 151A are valid, and… Read More »
Supreme Court Dismisses Revenue SLP, Affirming Section 153C Proceedings Invalid Without Direct Incriminating Search Material Issue Whether Section 153C assessment proceedings can be validly initiated against a third party based on unlinked search data and documents obtained post-search without any direct incriminating material found during the search. Facts A search under Section 132 was conducted… Read More »
Supreme Court Affirms JV Agreement Termination Receipts Non-Taxable Under Section 55(2) Supreme Court Affirms JV Agreement Termination Receipts Non-Taxable Under Section 55(2) Issue Whether compensation received by an assessee on the termination of a joint venture agreement for intangible assets/rights is taxable under Section 55(2) of the Income-tax Act, 1961, for Assessment Year 1998–99. Facts… Read More »
Supreme Court Issues Notice on High Court Order Refusing Condonation of Delay Beyond Section 107(4) Cap Supreme Court Issues Notice on High Court Order Refusing Condonation of Delay Beyond Section 107(4) Cap Issue Whether the limitation period for filing an appeal under Section 107 begins from the date of communication of the order-in-original, and whether… Read More »
Supreme Court Issues Notice on DBFOT Highway Toll Right GST Liability Upheld by High Court Supreme Court Issues Notice on DBFOT Highway Toll Right GST Liability Upheld by High Court Issue Whether under a Design-Build-Finance-Operate-Transfer (DBFOT) concession agreement, granting exclusive toll collection rights to a concessionaire constitutes non-monetary/barter consideration for taxable works contract services provided… Read More »
Reassessment Notice Issued by JAO Instead of NFAC Remitted Back to High Court for Fresh Consideration Reassessment Notice Issued by JAO Instead of NFAC Remitted Back to High Court for Fresh Consideration Issue Whether reassessment notices issued under Section 148 by the Jurisdictional Assessing Officer (JAO) instead of the National Faceless Assessment Centre (NFAC) under… Read More »
Section 153C Reassessment Proceedings Quashed as Unsigned MoU and Post-Search Public Documents Lacked Direct Nexus Issue Whether reassessment proceedings initiated under Section 153C were valid when based on an unsigned MoU without the assessee’s name and post-search documents lacking direct nexus to the search. Facts Search Operations: A search under Section 132 was conducted on… Read More »