Income Tax – Deduction of Licence Fee as Revenue Expenditure or Capital Expenditure – Dispute over classification of variable licence fee under New Telecom Policy of 1999 – Appellant's contention of treating licence fee payments as capital expenditure and respondent-assessees' contention of treating the same as revenue expenditure. [Para 2-6]
Telecom Licence ...
Income Tax Appeal – Challenge to Settlement Commission's decision – High Court remanded matter to Settlement Commission for reconsideration of immunity from penalty and prosecution – Appellant aggrieved by High Court's decision – Appeal filed. [Para 2.11]
Settlement Commission – Jurisdiction to entertain application – Preliminary objection r...
Income Tax - Taxability of Dividend Income - Interpretation of Double Taxation Avoidance Agreement (DTAA) between India and Oman - Exemption of dividend income in Oman - Whether dividend income received by the assessee is taxable in India or exempt as per DTAA and Omani Tax Laws - Clarification by Omani Finance Ministry regarding tax exemption - Application of Article 25 of DTAA and Article 8 (bis...
Writ Petition – Recovery of Sales Tax – Petitioner impugns Ext.P1 and Ext.P4 notices related to recovery of Sales Tax dues along with interest and collection charges – Petitioner challenges the authority of the District Collector to grant installments under Kerala General Sales Tax Act and Rules. [Para 2-3]
Statutory Provisions – Kerala General Sales Tax Rules, 1963, and...
Income Tax Appeal – Double Taxation – Unaccounted income admitted by the flagship company (Surya Food &Agro Ltd.) and disclosed before the Settlement Commission – Investment of the same undisclosed income as share capital in respondent companies forming part of the Priya Gold Group – Whether the same undisclosed income can be subjected to taxation again in the hands of ...
Seizure of Currency – Release of Amount – Petitioner seeks release of Indian currency amounting to ₹15,92,000 seized during a search conducted by the respondent under Section 67 of the CGST Act. The petitioner contends that the seizure was not empowered by the said section. [Para 1, 2, 8]
Arrest and Investigation – Petitioner, along with Asif Khan and Arjun Sharma,...
Tax Dispute – Classification of service tax – Appeals arising from service tax demands – Four Show Cause Notices issued – Adjudication challenged before Customs, Excise and Service Tax Appellate Tribunal (CESTAT) – CESTAT passes remand order – Commissioner re-adjudicates based on remand order – Classification, liability, and valuation issues considered &nd...
Statutory Remedy – Municipal Taxation - Challenge to Assessment Order – Availability of Statutory Appeal – Petitioner challenges assessment and demand orders related to the levy of Local Body Tax (LBT) – Court emphasizes the legislative scheme of the Maharashtra Municipal Corporations (MMC) Act and the availability of a statutory remedy through appeal under Section 406 of t...
Goods and Services Tax Act – Refund claim – Limitation period for filing refund application – Proper officer rejecting the petitioner's refund claim as barred by limitation – Petitioner assailing the rejection – Challenge to vires of Rule 90(3) of the CGST Rules and paragraph 12 of the impugned Circular – Nature of deficiencies noted – Whether applicat...
Income Tax Appeal - Exemption for charitable activities - Appellant's challenge to reliance on High Court judgment - Issue of applicability of judgment in a similar case - Whether activities of the respondent qualify for tax exemption - Court's consideration of the nature of activities conducted by statutory corporations - Emphasis on excluding activities serving public purposes from busin...