Customs Law — Classification of Goods — n-Hexane — Chapter 27 vs. Chapter 29 — Burden of Proof on Revenue — Revenue sought classification of imported n-Hexane under CTH 2710.00/CETH 2710.12 (Chapter 27) as a petroleum oil/motor spirit on the ground that its flash point was below 25°C and distillation range was 63–70°C — Respondent-Assessee claimed ...
Taxation — Inter-State Sale of Natural Gas — Constitutional Competence — VAT — CST Act — Reliance Industries Limited extracted natural gas from the KG-D6 basin off the coast of Andhra Pradesh under a Production Sharing Contract with the Government of India — Gas was delivered to buyers at Gadimoga, Andhra Pradesh, under Gas Sales and Purchase Agreements (GSPA), ...
Income Tax Act 1961 - Sections 147 and 148 - Reassessment - Reason to Believe - Tangible Material - Validity of reopening - Held - Reopening of assessment is conditional on the existence of a reason to believe that income has escaped assessment based on tangible material - The Assessing Officer cannot review an assessment or reopen it on a mere change of opinion - In the present case - the origina...
Taxation Law - Income Tax — Dividend Distribution Tax — India–UK DTAA — Refund of Excess DDT — Reference to Larger Bench — Assessee, an Indian company engaged in manufacture of foundry chemicals, distributed dividends to its UK-based parent shareholders and paid DDT under Section 115-O at 16.994% for Assessment Years 2014–15 to 2020–21 — Assess...
Income Tax – Section 263 – Revisionary Jurisdiction – Twin Conditions – No Enquiry vs. Inadequate Enquiry – Before the Commissioner can invoke revisionary jurisdiction under Section 263, twin conditions must be satisfied: (i) the assessment order must be erroneous, and (ii) as a consequence, prejudice must be caused to the interest of revenue — Where the AO had ...
Income Tax – Prosecution – Section 276CC – Quashing of Proceedings – Lack of Jurisdiction – Petitioner assessed under jurisdiction of ITO, Non Corporate Ward 17(1), Chennai – Show Cause Notice issued by ITO – Petitioner replied, paid tax with interest – Complaint under Section 276CC lodged by Assistant Commissioner of Income Tax (respondent) after ob...
Income Tax – Search and Seizure – Section 153C Proceedings – Agricultural Land – Capital Asset – Appeal Allowed – Appellant company's income for A.Y. 2007-08 reassessed by AO under Section 153C following search of a third party (Kamdhenu Group), on the basis of Partnership Deed, Dissolution Deed and miscellaneous papers found belonging to appellant – A...
Taxation Law - GST – Provisional Attachment – Section 83 – Non-Formation of Opinion – Violation of Mandatory Preconditions – Personal Costs Imposed – Petitioner's bank accounts with Punjab National Bank and Saraswat Co-operative Bank were provisionally attached by the Joint Commissioner of State Tax, Investigation-A vide orders dated 23.01.2026 – The p...
Income Tax – Pre-Operative Period – Interest on Bank Deposits – Capital Receipt or Income from Other Sources – Inextricable Link Test – Appellant company incorporated in 1992 for manufacture of ecological brake-shoes – Raised loans from Directors and deposited unutilised funds in bank pending deployment for purchase of plant and machinery and payment of balance ...
Double Taxation Avoidance Agreement — India-China DTAA — Article 12(4) — Fees for Technical Services — Place of Rendition — Petitioner, a Chinese-resident company, provided management, finance, IT, and technical support services to its Indian subsidiary Benteler India from China through email, conference calls, and video conferencing — Petitioner applied for NIL...