Taxation Law
Customs official cannot arbitrarily disregard statutory orders of customs clearance
The judgment emphasized the rule of law, asserting that statutory powers must be exercised within legal frameworks. The ...
Transfer Pricing - Adjustment for Advertisement, Marketing, and Promotion expenses cannot be made using the "Bright Line Test"
This judgment is significant for multinational corporations operating in India, providing clarity on transfer pricing an...
Notices under Sections 148A and 148 of Income Tax Act : Authorities to follow faceless proceedings : Notices quashed
The ruling underscores the judiciary's role in maintaining procedural integrity and ensuring that statutory mandates are...
Excel sheet containing parallel invoices in email are admissible in evidence
Ultimately, the tribunal concluded that the penalties were proportionate considering the substantial value of goods invo...
Assessing Officer cannot reject the valuation method adopted by the assessee under Rule 11UA
This ruling reaffirms the principle that statutory provisions should be adhered to, ensuring that companies can exercise...
Once the AO has finalized the assessment order, the Dispute Resolution Panel cannot issue directions for another assessment
Ultimately, the ITAT set aside the second assessment order dated May 31, 2022, as invalid in the eyes of law, allowing H...
Charitable Activity : Incidental activities generating surplus do not disqualify
This ruling highlights the ongoing debate over the scope of charitable activities and the application of tax exemptions ...
A trust engaged in educational activities but failing to meet the definition of "education" : No registration under Section 12AB.
The tribunal's decision reinforces the judiciary's stance on maintaining a stringent interpretation of educational and c...
DDT under Section 115-O is a tax on the company's profits and not on the dividend income of shareholders
Consequently, the Tribunal ruled against the refund of excess DDT, aligning with the precedent that DDT is non-creditabl...
Rural agricultural land, not converted to non-agricultural, is not a "capital asset" : Does not attract capital gains tax.
The judgment represents a critical interpretation of the Income-tax Act concerning rural agricultural lands, reinforcing...
Payments made to payment gateway like CC Avenues are not subject to TDS
The tribunal's decision effectively sets aside the orders of the lower authorities and directs the deletion of the TDS d...
No reopening of assessment when the alleged accommodation entries have been repaid
This judgment reinforces the accountability of tax authorities to substantiate claims of income escapement and highlight...