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...
GST Law — Jurisdiction — Cross Empowerment — APGST Officers — IGST Act — Interstate Supply — In all these cases, officers appointed under the APGST Act intercepted consignments moving in interstate trade with both origin and destination outside Andhra Pradesh, and initiated proceedings under Sections 129 and 130 of the GST Acts primarily on grounds of undervalua...