Blog Categories
Subscribe to Newsletter
Join our subscribers list to get the latest Tax Updates and Opportunities.
Reassessment Notice Issued in the Name of a Deceased Assessee Is Void Ab Initio; Mandatory Compliance with Section 159 – Vivek Jain (Legal Representative of Late Mahavir Prasad Jain) vs DCIT (Delhi High Court)
Facts of the CaseThe petitioner, Vivek Jain, is the legal representative
of Late Mahavir Prasad Jain, who expired on 7 August 2020. The
fact of death was duly intimated to the Income Tax Department on 18 March
2021.De...
Bandwidth Services Not ‘Royalty’: Delhi High Court Holds Offshore Connectivity Receipts Non-Taxable in India in CIT (International Taxation)-3 v. Telstra Singapore Pvt Ltd. (2024)
Facts of the CaseTelstra Singapore Pte Ltd., a Singapore-incorporated company,
provided international data connectivity services such as private leased
circuits, MPLS, and bandwidth solutions to customers, including In...
Reassessment Notice Issued to Deceased Assessee is Void: Delhi High Court Quashes Proceedings — Smt. Smriti Bhatia (LR of Late Ankur Bhatia) vs ACIT & Anr. (2024)
Facts of the CaseThe writ petition formed part of a batch of cases challenging
reassessment proceedings initiated under the Income-tax Act, 1961 against
assessees who had already passed away prior to issuance of notice...
MAT on Sale of Rural Agricultural Land: Delhi High Court Remits Section 115JB Issue in Pr. CIT-4 v. Gomantak Eximis Ltd. (2024)
Facts of the CaseThe respondent-assessee sold a parcel of land along with
constructed houses during Assessment Year 2006-07 and claimed that the gains
were exempt from taxation on the ground that the property constitut...
Royalty to Parent Company Cannot Be Treated as ‘Nil’: Delhi High Court Upholds Arm’s Length Royalty in PCIT-8 v. Samsung India Electronics Pvt. Ltd. (2024)
Facts of the CaseSamsung India Electronics Pvt. Ltd. (STI), a wholly owned
subsidiary of Samsung Electronics Co. Ltd., Korea, was engaged in manufacturing
and selling mobile phones in India and overseas markets. Under ...
Genuine Export Proceeds Not Taxable as Undisclosed Income: Delhi High Court Upholds ITAT in PCIT v. Arun Malhotra (2024)
Facts of the CaseThe appeal arose from block assessment proceedings covering
the period 1 April 1989 to 14 July 1999 in the case of Arun Malhotra. The
matter had undergone multiple rounds of litigation before the Incom...
Capitation Fee by Educational Trust Defeats Charitable Status: Delhi High Court Denies Section 11 Exemption in PCIT (Central)-1 v. Maharaji Education Trust (2024)
Facts of the CaseThe Revenue challenged an order of the Income Tax Appellate
Tribunal (ITAT) which had declared reassessment proceedings under Section 148
invalid for Assessment Year 2007-08 in the case of Maharaji Edu...
No Addition Without Incriminating Material in Search Assessments: Delhi High Court Upholds ITAT in PCIT (Central)-2 v. Satya Prakash Gupta (2024)
Facts of the CaseThe Revenue challenged a common order of the Income Tax
Appellate Tribunal (ITAT) relating to Assessment Years 2012-13 to 2017-18 in
the case of the respondent, Shri Satya Prakash Gupta. The assessee, ...
Assessing Officer Must Give Full Effect to ITAT Relief: Delhi High Court Allows Deduction Claim in MUFG Bank Ltd. v. ACIT (2024)
Facts of the CaseMUFG Bank Ltd., the petitioner, challenged an order dated 13
May 2022 passed by the Assessing Officer (AO) denying deduction of
₹9,62,39,916. The impugned order was passed to give effect to a prior d...
Assessee Entitled to Raise Fresh Claims Before Tribunal Despite Return Filed: Delhi High Court Quashes Assessment in Mitsubishi Corporation v. ACIT (International Tax) (2024)
Facts of the CaseThe petitioner, Mitsubishi Corporation, a company incorporated
in Japan and a tax resident of Japan, challenged draft and final assessment
orders for AY 2005-06 passed by the Assessing Officer (AO). Th...