Taxation Law - Section 32AB Deduction – Profits to be Determined as per Audited Accounts under Companies Act – Additional Sugarcane Price Paid After Year-End Not to be Deducted – The assessee claimed 20% deduction under Section 32AB based on profits shown in the audited Profit & Loss Account as per the Companies Act, without reducing the additional sugarcane price paid after ...
Taxation Law - Income Tax – Reopening of Assessment – Applicability of Amended Provisions – Partial Reopening Permitted – The writ appeal arose from the quashing of reassessment proceedings initiated under Section 148A, 148 of the Income Tax Act against the respondent-company for AY 2017-18 – The Court held that the amended provisions of Sections 148A and 149 apply ev...
Taxation Law - Section 9(1)(vii), Explanation 2; Section 147, Section 144C, Section 260A of the Income Tax Act, 1961 - DTAA Interpretation – ‘Make Available’ Condition – No Transfer of Technical Knowledge – Non-Taxability under Article 13 – The Court held that receipts from GIPL for providing access to an e-invoicing platform do not qualify as Fees for Technical...
Taxation Law - Capital Gains – Exemption under Section 54 of the Income Tax Act – Investment in Multiple Units – Exemption Allowed – The appellant sold a flat in Mumbai and invested ₹1.08 crore in seven residential units in Pune – Tribunal restricted exemption to one unit – Held: Under the unamended Section 54, the phrase “a residential house” can ...
Taxation Law - Bunching of Show Cause Notices – Composite Notice for Multiple Financial Years – Sections 73 and 74 of the CGST Act – Composite Assessment Order Quashed – The petitioner challenged the legality of a single show cause notice issued for six financial years resulting in a consolidated demand order – Held: The GST law mandates issuance of notices based on e...
Taxation Law - Detention and Release under GST – Non-Issuance of Final Order – Violation of Section 129(3) CGST Act – Appeal Allowed – Consignment of goods was detained for alleged discrepancies during transit – Appellant filed objections and deposited tax and penalty under protest to secure release – Authorities failed to issue a final adjudication order in For...
Double Taxation – Permanent Establishment – India-UAE DTAA – PE Confirmed – The appellant, Hyatt International Southwest Asia Ltd., a UAE-based entity, entered into Strategic Oversight Services Agreements (SOSA) with Indian hotel owners to provide consultancy and strategic services – The Assessing Officer, ITAT, and High Court found that the appellant had a fixed plac...
Criminal Taxation Law - Habeas Corpus – Illegal Detention – Arrest Declared Illegal – Constitutional Safeguards Violated – In a petition under Article 226 seeking release of the detenue, the Court found that the Directorate General of GST Intelligence officials had kept the detenue in custody for over 30 hours without presenting him before a Magistrate and without serving g...
Service Tax – Healthcare Services Exemption – Section 73 of Finance Act – Cord Blood Stem Cell Banking Covered Under Healthcare Services – Supreme Court held services of enrolment, collection, processing, and storage of umbilical cord blood stem cells fall within “Healthcare Services” under Notification No. 25/2012-ST – Held: Such services are preventive i...
Taxation Law - Entry Tax on IMFL and Beer – Liability of Manufacturer – Section 3 and 3B of M.P. Entry Tax Act – Levy Upheld – The appellant-manufacturer challenged the liability to pay entry tax on IMFL and beer, contending that sales were made to Government warehouses which in turn sold to retailers, making warehouses liable as ‘dealers’ – Supreme Court ...