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Jayapriya Company v. DCIT
Chennai Tribunal: S. 275 : Penalty-Bar of limitation- Recording of satisfaction-Cross objection- CBDT Circular binding on department -Period of limitation is to be reckoned from the date of recording of satisfaction by the AO in the assessment order and not from the date of notice issued by the Joint/Additional CIT. [S. 119, 269SS, 271D, 271E, 271AAA, 275(1)(c)]… Read More ...
Nilesh Agarwal v. ITO (Delhi High Court)
Delhi High Court : S. 278B : Offences by companies-Prosecution of directors without impleading company-Not maintainable-Arraignment of company is a condition precedent for prosecuting its directors-Company being the principal offender must first be made an accused-Proceedings against directors alone quashed. [S. 276, 281, Cr PC, 1973, S. 482 BNSS, Act, 2023, S. 528, Negotiable Instruments Act, 1881, S. 141]… Read More ...
Netflix Entertainment Services India LLP v. DCIT (ITAT Mumbai)
Mumbai Tribunal : S. 92C : Transfer Pricing–Arm’s length price-Avoidance of tax-International transaction-Characterisation of Indian Entity-Limited Risk Distributor-Entrepreneurial Service Provider- Transactional Net Margin Method (TNMM)-Other Method under Rule 10AB-Re-characterisation of Transactions-Royalty Computation-Transfer Pricing Adjustment of ₹444.93 Cr held to be unsustainable. [R. 10AB] The assessee, Netflix Entertainment Services India LLP, engaged in distribution of access to the global… Read More ...
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 ...