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Commissioner of Income Tax, Delhi Vs. M.M. Aqua Technologies Ltd. – Whether Conversion of Outstanding Interest into Debentures Amounts to Actual Payment under Section 43B of the Income-tax Act, 1961

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My Tax Expert
21/05/2026  |  0 COMMENTS  |  VISITOR'S COUNT: 107
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Facts of the CaseThe assessee, M.M. Aqua Technologies Ltd., was under substantial financial distress and had accumulated interest liabilities towards institutional creditors including ICICI, IDBI, and IFCI. The outstan...

Director of Income Tax-I vs Ericsson AB (Delhi High Court) – Remand on Permanent Establishment, Offshore Supply Taxability & Royalty under Sections 9(1)(i), 9(1)(vi), 133A & 251 of the Income Tax Act

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My Tax Expert
21/05/2026  |  0 COMMENTS  |  VISITOR'S COUNT: 134
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Facts of the CaseEricsson AB, a Swedish company, entered into contracts with Indian telecom service providers for supply of telecom equipment comprising hardware and software components. The assessee maintained that th...

Director of Income Tax-I vs. Ericsson AB (Delhi High Court) – Taxability of Offshore Supply Contracts, Permanent Establishment (PE), and Scope of CIT(A) Powers under Sections 133A & 251 of the Income-tax Act

Author
My Tax Expert
21/05/2026  |  0 COMMENTS  |  VISITOR'S COUNT: 125
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Facts of the CaseEricsson AB, a Swedish company, entered into contracts with Indian telecom operators for supply of telecommunication equipment comprising hardware and software during 1995–97.For Assessment Year 1997...

Pepsi Foods Pvt. Ltd. (Now Pepsico India Holdings Pvt. Ltd.) & Connected Matters vs Assistant Commissioner of Income Tax & Others | Constitutional Validity of Section 254(2A) Third Proviso – Extension of ITAT Stay Beyond 365 Days under the Income Tax Act, 1961

Author
My Tax Expert
21/05/2026  |  0 COMMENTS  |  VISITOR'S COUNT: 96
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Facts of the Case The petitioners, including Pepsi Foods Pvt. Ltd., Ericsson AB and other connected parties, had pending appeals before the Income Tax Appellate Tribunal (ITAT). In those matters, the Tri...

Pepsi Foods Pvt. Ltd. (Now Merged with Pepsico India Holdings Pvt. Ltd.) vs Assistant Commissioner of Income Tax & Others – Delhi High Court on Constitutional Validity of Section 254(2A) of Income Tax Act Regarding Automatic Vacation of ITAT Stay Orders

Author
My Tax Expert
21/05/2026  |  0 COMMENTS  |  VISITOR'S COUNT: 101
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Facts of the Case Various petitioners including Pepsi Foods Pvt. Ltd., Ericsson AB and Aspect Software Inc. challenged the constitutional validity of the third proviso to Section 254(2A) of the Income Tax ...

Pepsi Foods Pvt. Ltd. (Now Pepsico India Holdings Pvt. Ltd.) Vs. Assistant Commissioner of Income Tax & Others | Delhi High Court on Constitutional Validity of Section 254(2A) of the Income Tax Act and Extension of ITAT Stay Beyond 365 Days

Author
My Tax Expert
21/05/2026  |  0 COMMENTS  |  VISITOR'S COUNT: 91
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Facts of the CaseMultiple writ petitions including those filed by Pepsi Foods Ltd., Pepsi Foods Pvt. Ltd., Ericsson AB and Aspect Software Inc. were heard together by the Delhi High Court as they involved a common leg...

M/s Lahmeyer Holding GmbH vs Deputy Director of Income Tax, Circle 3(2) – Reassessment under Sections 147 & 148 on Business Restructuring and Transfer of Contracts Held Invalid Due to Change of Opinion | Delhi High Court

Author
My Tax Expert
21/05/2026  |  0 COMMENTS  |  VISITOR'S COUNT: 70
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Facts of the CaseM/s Lahmeyer Holding GmbH, a foreign company formerly known as Lahmeyer International GmbH, undertook a restructuring exercise on 16.08.2007. Under this arrangement, the petitioner transferred the un...

Pepsi Foods Pvt. Ltd. (Now PepsiCo India Holdings Pvt. Ltd.) & Ericsson AB vs Assistant Commissioner of Income Tax & Others | Constitutional Validity of Section 254(2A) of the Income Tax Act on Extension of ITAT Stay Beyond 365 Days

Author
My Tax Expert
21/05/2026  |  0 COMMENTS  |  VISITOR'S COUNT: 108
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Facts of the Case Various petitioners including Pepsi Foods Pvt. Ltd., Pepsi Foods Ltd., Ericsson AB and Aspect Software Inc. had filed appeals before the Income Tax Appellate Tribunal. The Tribunal gran...

Pepsi Foods Pvt. Ltd. (Now Pepsico India Holdings Pvt. Ltd.) & Ericsson AB vs Assistant Commissioner/Deputy Commissioner of Income Tax & Others – Constitutional Validity of Section 254(2A) of the Income Tax Act Regarding Automatic Vacation of ITAT Stay Orders

Author
My Tax Expert
21/05/2026  |  0 COMMENTS  |  VISITOR'S COUNT: 106
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Facts of the Case Various petitioners including Pepsi Foods Pvt. Ltd., Pepsi Foods Ltd., Ericsson AB, and Aspect Software Inc. filed writ petitions raising a common issue. Each petitioner had obtained in...

The Liquidator Polymerland India Pvt. Ltd. vs Deputy Commissioner of Income Tax – Delhi High Court | Real Income Theory and Taxability of Accrued Interest | Sections 4 & 5 of Income Tax Act

Author
My Tax Expert
21/05/2026  |  0 COMMENTS  |  VISITOR'S COUNT: 97
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Facts of the CaseThe assessee, Polymerland India Pvt. Ltd., a joint venture company, was undergoing liquidation proceedings before the Allahabad High Court. During the normal course of business, the assessee had advan...