Category: Tax Laws

Archive for the ‘Tax Laws’ Category


Spandana Sphoorty Financial Ltd. v. DCIT (2022) 196 ITD 217 / 217 TTJ 837 / 214 DTR 121 (Hyd.)(Trib.)

S. 37(1) : Business expenditure-Fees-ROC-Capital or revenue-Debt restructuring-Increase in authorised capital and annual remuneration paid to monitoring institution under CDR-Allowable as revenue expenditure.

Jitendra Virwani v. JCIT (2022) 220 DTR 445 (Karn)(HC)

Black Money [Undisclosed Foreign Income and Assets] and Imposition of Tax Act, 2015
S.10: Assessment – AO must issue notice within thirty days from the end of the financial year in which he became aware of the foreign assets. If issued beyond 30 days, it must be with prior approval by the Pr. DIT or Pr. CIT [ S. 11(1) ]

Tabasum Mir v. UOI (2022) 218 DTR 1/328 CTR 737 / 142 taxmann.com 343 (J & K )(HC),Abdul Rashid Mir v. UOI (2022) 218 DTR 1 / 328 CTR 737 (J & K)( HC) Amir Mir v .UO (2022) 218 DTR 1 / 328 CTR 737 (J & K)( HC)

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

S.10: Assessment – Denial of liability – Foreign assets claimed to be acquired out of income not taxable in India – Income not taxable in India – Alternative remedy – Writ is not maintainable- Directed to pursue alternative remedy of appeal . [ S.14, 15, Art , 226 ]

Celerity Infrastructure (P.) Ltd. v. DCIT (2022) 289 Taxman 262 / 216 DTR 321/ 327 CTR 765 /( 2023) 456 ITR 175 (Delhi)(HC)

Direct Tax Vivad Se Vishwas Act, 2020
S. 4: Filing of declaration and particulars to be furnished – Depositing the challan under minor head ‘200’ instead of ‘400’ -Directed to give credit and issue revised Form No 3 [ Art , 226 ]

Noorani Properties (P.) Ltd. v .CIT (2022)449 ITR 460 / 216 DTR 296/ 328 CTR 702 (Karn)(HC) Verde Developers (P) Ltd v .CIT (2022)449 ITR 460 / 216 DTR 296/ 328 CTR 702 (Karn)(HC) Triad Resorts and Hotels (P) Ltd v .CIT (2022)449 ITR 460 / 216 DTR 296/ 328 CTR 702 (Karn)(HC)

Wealth-Tax Act, 1957

S. 2(ea):Assets — Urban land — Agreement for sale of land to developers in December 2000 — Possession was given to buyers —Buyers conveying the land to third person in August 2007 – Value of land not assessable in hands of assessee. [ S. 2(n) 3, 16(3), 17 ]

PCWT v. Valuable Properties Pvt Ltd ( 2022) 220 ITR 298 / (2023) 331 CTR 81 ( Bom)( HC )

Wealth-Tax Act , 1957

S. 2(ea):Asset -Stock in trade – Urban land – Net wealth – Special Township and Tourism Project – Stock in trade – Not liable to wealth -tax – The aggregate value of debt owed by Respondent in respect of assets owned by Respondent have to be reduced from the aggregate value of asset belonging to Respondent. [S. 2(e)(a)(v), 2(m), Bombay Tenancy and Agricultural Lands Act, 1948, S. 63-IA(1) ]

National Construction Company v. The Designated Committee under Sabka Vishwas Legacy Disputes Resolution Scheme, 2019( 2022) 326 CTR 799/ 213 DTR 423 ( Bom)( HC)

Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 – Chapter V of the Finance Act, 2019- Amnesty Scheme .

Clause 126: Verification by designated committee – Failure to deposit the tax with in stipulated time – Rejection of application is held to be justified [ Clause, 127, 129, Art . 226 ]

Rajasthan Udyog and Tools Private Limited v. ACIT (Bom.)(HC)(UR)

S. 147 : Reassessment-Wrong recording of reasons-Recorded reasons refers sale of property-Non application of mind-Notice and order was quashed and set aside. [S. 148, Art. 226]

CIT v. Alcon Resort Holding Ltd. (2022) 448 ITR 127 (Bom.)(HC)

Expenditure tax Act, 1987.

S. 21 : Revision-Notice-Notice can be issued only by Commissioner-Notice issued by Assistant Commissioner-Not Valid-Principles of natural justice-Principle of waiver cannot be invoked so as to confer jurisdiction.

Sadhana R. Jain v. CBDT (2022) 449 ITR 155/ 287 Taxman 562 /218 DTR 214 / 328 CTR 872 (SC) Editorial : Order of High Court set aside , Sadhana R.Jain v CBDT ( 2019) 174 DTR 385/ 307 CTR 207 / 103 taxmann.com 70 (Bom) (HC)

Income Declaration Scheme of 2016,
S. 195 : Power to remove difficulties-Not depositing the first instalment with in time-Board refusing to condonation of delay-Concession and excess indulgence would have demotivating effect on honest taxpayers making regular and prompt tax deposit-Dismissal of application is held to be not justified. [S. 184, ITA, S. 119,(2),(Art.14]