Taxation Law - Reassessment – Change of Opinion – Section 147 of the Income Tax Act – Reopening Set Aside – The Assessing Officer issued notice under Section 148 alleging escapement of income on issues of foreign exchange gains, capitalisation of lump sum technical know-how payments and deduction under Section 80HHC – The assessee challenged the reassessment stating a...
Taxation Law – Recovery of Tax - GST Liability – Liability of Retired Partner – Section 90 of CGST Act – Petition Dismissed - The petitioner challenged a demand of Rs. 37,84,228/- and land attachment initiated against him under GST laws, arguing he had retired from the partnership firm on 20.04.2021 and was no longer responsible – The Court held that under S...
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...
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...
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...
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...