These judgements are uploaded by our esteemed readers. If you have a judgement on an important topic that you would like to share with others, please use this form to upload it
Solvay S.A. v. DCIT (ITAT Mumbai)
Mumbai Tribunal : S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services (FTS)-Functional Service Agreement- Standardized support services – No managerial, technical or consultancy element – Not taxable as FTS- DTAA- India–Belgium. [S.9(1)(vi)), Art. 12(3)(a), 12(3)(b)] The assessee, Solvay S.A. (Belgium), received Rs.109.72 crore from its Indian affiliates, Solvay Specialties India Pvt. Ltd.… Read More ...
Raj Impex v. PCIT (ITAT Mumbai)
Mumbai Tribunal : S. 263 : Commissioner - Revision of orders prejudicial to revenue - Special category States - Manufacture of essential oils and perfumery -Assessment without incriminating material – Search assessment – Deduction u/s 80IC – Revisionary power cannot be exercised in respect of completed/unabated assessments in absence of incriminating material – Revision order quashed. [S. 80IC,… Read More ...
Buckeye Trust v. Registrar, ITAT (Karnataka High Court)
KARNATAKA HIGH COURT: S. 254(1) : Appellate Tribunal –Duties - Alleged AI-generated order – Bias apprehension – Transfer of case – Once the ITAT President reassigned the matter to another Bench, writ petition seeking deferment of hearing became infructuous. [Art. 226, 227] The assessee filed a writ petition before the Karnataka High Court seeking a direction to defer… Read More ...
Vilas Babanrao Kalokhe v. PCIT (Bombay High Court)
Bombay High Court: S. 276C : Offences and prosecutions - Wilful attempt to evade tax- Failure to pay self-assessment tax along with return-Mere delay in payment of self-assessment tax does not amount to wilful attempt to evade tax-Continuation of prosecution would be abuse of process of law-Complaint quashed and dismissed. [S. 139, 140A,143(1), 276C(1), 276(2) ,276B, 278E, 279(1),Art.… Read More ...
Giri Chhaya Co-operative Housing Society Ltd. v. Sushila Laliwala
Bombay High Court: Maharashtra Co-operative Societies Act, 1960 S. 92 : Limitation–Co-Operative Housing Society- Recovery of maintenance charges – Continuous cause of action – Claim not time-barred - Section 92 is a special provision of limitation which overrides the Limitation Act - Orders of the Co-operative Court and Appellate Court were set aside and the dispute was allowed--… Read More ...
Shri Mukesh Agarwal v. UOI & Ors
Guwahati High Court: Central Goods and Services Act , 2017 . S. 132(1)(a) : Punishment for certain offences -Arrest - Bail – Arrest for alleged GST evasion – Mandatory compliance with procedure under BNSS, 2023 – Violation of Supreme Court guidelines in Arnesh Kumar and Satender Kumar Antil – Bail granted .[S. 69, 70, 132(5), BNSS, 2023, 35(1)(b)… Read More ...
Ujjawal Kumar Agarwal v. State of Assam
Guwahati High Court: Assam Goods and Services Act, 2017 S. 132(5) :Punishment for certain offences – Arrest - Bail – Cognizable -Non-bailable - Alleged wrongful availment of input tax credit – Offence non-cognizable and bailable – Custodial interrogation not required – Bail granted. [S. 132, BNSS 2023, S. 483, Art. 226] The assessee, proprietor of M/s BKS Enterprises,… Read More ...
KMG Wires Pvt. Ltd. v. NFAC (Bombay High Court)
Bombay High Court: S. 143(3) : Assessment-Principles of natural justice-Assessment order passed without considering reply to notice u/s 133(6) and by relying on non-existent case law-Artificial Intelligence (AI)-Quasi-judicial authorities cannot rely blindly on results generated by AI tools without independent verification- Breach of natural justice- Alternative remedy-Appeal was filed to avoid limitation-Assessment quashed and matter remanded [S. 68,… Read More ...
Estate Investment Co. Pvt. Ltd. v. DCIT
Mumbai Tribunal: S. 45 : Capital gains – Alleged NOC receipts – Loose sheets - Dumb documents-Statement in the Course of search – Statement retracted - No corroboration – Additions deleted. [S.132, 132(4), 132(4A)] During search, diaries maintained by an employee were seized containing notings with initials “KB”, which the Assessing Officer treated as unaccounted cash receipts… Read More ...
Estate Investment Co. Pvt. Ltd. v. DCIT
Mumbai Tribunal: S. 69A : Unexplained money – Rough diary notings – Internal circulation of funds –Statement in the Course of search – Statement retracted - Addition unsustainable.[S. 132, 132(4), 132(4A) ] The Assessing Officer treated a diary entry of ₹ 2.50 lakh as unexplained money under section 69A. The Tribunal found that the entry represented internal… Read More ...