Category: Tax Laws

Archive for the ‘Tax Laws’ Category


Satish Kumar Dhingra v. Dy. CIT (2024)467 ITR 574 (Delhi)(HC)

Direct Tax Vivad se Vishwas Act, 2020 .

S.4:Filing of declaration and particulars to be furnished Rectification of order — Allegation of false declaration- Determination of tax attained finality- Once certificate is issued by Designated Authority — Rectification notice is barred by limitation .[ S. 3, 4(6), 5 , ITAct , 154 , Art. 226, Form No 5 ]

Puneet Sabharwal v. CBI (2024) 299 Taxman 1 / 466 ITR 314 (SC)

Prevention of Corruption Act, 1988.
S. 13: Criminal misconduct by a public servant-A Government Servant-Prevention of corruption-Criminal misconduct-Offences and prosecution-Discharge of accused-Special bearer bonds-Unexplained investments-Assets acquired in the name of son-Trust-Separate entity-Proceedings under Income Tax Act which were sought to be relied upon were related to assessment of income of assessee and not related to source of income and allegation of disproportionate assets under Prevention of Corruption Act, thus, said orders could not be basis to abort criminal proceeding-Trial court is directed to complete the trial expeditiously. The Court is only required to consider judicially whether the material warrants the framing of charge without blindly accepting the decision of the prosecution. Appeal is dismissed. The Trial court is directed to complete the trial expeditiously [S. 13(1)(c), 13(2) IT Act, 1961,S 69, 254(1) Art. 136]

Unnamalai Thiagarajan v. CIT (Appeals) (2024) 299 Taxman 495 (Mad.)(HC)

S. 4 : Scope of total undisclosed foreign income and assets-Notice-Sought 45 days to provide bank statements from a closed DBS Bank account-Request is held to be reasonable-High Court directed the CIT(A) to consider request of assessee. [S. 250, Art. 226]

ACWT v. J. Jayalalitha (2024) 298 Taxman 5 /337 CTR 379(SC) Editorial: J.Jayalalitha v. ACWT (2011) 337 ITR 1/ (2012) 20 taxmann.com 736 (Mad)( HC)

Wealth -tax Act , 1957

S.35B: Failure to furnish returns of net wealth-Mechanical approval – High Court quashed the proceedings – Death of assessee – Criminal appeal abated Non-filing of return is not a continuing offence – Court held that since sole assessee had died and she had been discharged, criminal appeal stood abated and disposed of . [ Art. 136 ]

Dun & Bradstreet Technologies & Data Services (P.) Ltd v.PCIT (2024) 297 Taxman 323 (Mad)(HC)

S. 264 : Commissioner-Revision of other orders-concessional rate of tax on dividend distributed to its foreign holding company-Not justified in rejecting revision application on ground that assessee could have filed a revised return or an appeal under section 248-DTAA-India-Mauritius-Matter remanded to decide on merit. [S. 9(1)(i), 90, 139(5), 195, 248, art. 10(2),Art.226]

CIT (E) v. Gangadeen Niranjan Lal Data Charitable Trust (2024) 297 Taxman 294/463 ITR 695 (SC) Editorial : CIT (E) v. Gangadeen Niranjan Lal Data Charitable Trust (2024) 159 taxmann.com 207 / 463 ITR 690 (Raj)(HC)

S. 80G : Donation-No specific time frame mandated for carrying out charitable activities under section 800G(vi) of the Act-Order of Tribunal directing the Commissioner to grant approval is affirmed by High Court-SLP of Revenue is dismissed.[S. 80G(vi), Art.136]

Packirisamy Senthilkumar v. Government Of India [2024] 461 ITR 473 (Mad)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Order based on New reasons-Adequate opportunity should be provided-Order is set aside.[S.144B, 148, 148A(b), Art.226]

Jayant Nanda v. UOI (2024) 298 Taxman 276/470 ITR 582 (Delhi)(HC)

Black Money ( Undisclosed Foreign Income and Assets ) and Imposition of Tax Act , 2015 .

S. 10: Assessment – Non -Resident Indian living in Dubai – Serach – Undiclosed foreign asseets – Look Out Circular (LOC) – Mere fact that information sought through Foreign Tax and Tax Research from other jurisdictions such as UAE was still awaited could not be reason to keep LOC against assessee pending to curtail his fundamental rights and thus, LOC is quashed . [ ITAct , 132 , Art. 226 ]

Santosh Bhadoriya v. UOI (2024) 298 Taxman 602 (MP)(HC)

Prohibition of Benami Property Transactions Act, 1988 , Benami Transactions (Prohibition) Amendment Act, 2016 .

S. 2(9) : Benami Transactions- Provisional attachment order – Alternative remedy – Writ petition is dismissed .[ S.24(1), 24(3) , Art. 226 ]

Umesh Garg v. UOI (2024) 297 Taxman 91 (All.)(HC)

Direct Tax Vivad Se Vishwas Act , 2020.

S. 4 : Filing of declaration -Delay in filing of appeal – Rejection of application by Designated Authority is affirmed .[ IT Act , 271AAB , Art. 226 ]