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Taxation Law

Excel sheet containing parallel invoices in email are admissible in evidence

Excel sheet containing parallel invoices in email are admissible in evidence

Ultimately, the tribunal concluded that the penalties were proportionate considering the substantial value of goods invo...

Assessing Officer cannot reject the valuation method adopted by the assessee under Rule 11UA

Assessing Officer cannot reject the valuation method adopted by the assessee under Rule 11UA

This ruling reaffirms the principle that statutory provisions should be adhered to, ensuring that companies can exercise...

Once the AO has finalized the assessment order, the Dispute Resolution Panel cannot issue directions for another assessment

Once the AO has finalized the assessment order, the Dispute Resolution Panel cannot issue directions for another assessment

Ultimately, the ITAT set aside the second assessment order dated May 31, 2022, as invalid in the eyes of law, allowing H...

Charitable Activity : Incidental activities generating surplus do not disqualify

Charitable Activity : Incidental activities generating surplus do not disqualify

This ruling highlights the ongoing debate over the scope of charitable activities and the application of tax exemptions ...

A trust engaged in educational activities but failing to meet the definition of "education" : No registration under Section 12AB.

A trust engaged in educational activities but failing to meet the definition of "education" : No registration under Section 12AB.

The tribunal's decision reinforces the judiciary's stance on maintaining a stringent interpretation of educational and c...

DDT under Section 115-O is a tax on the company's profits and not on the dividend income of shareholders

DDT under Section 115-O is a tax on the company's profits and not on the dividend income of shareholders

Consequently, the Tribunal ruled against the refund of excess DDT, aligning with the precedent that DDT is non-creditabl...

Rural agricultural land, not converted to non-agricultural, is not a "capital asset" : Does not attract capital gains tax.

Rural agricultural land, not converted to non-agricultural, is not a "capital asset" : Does not attract capital gains tax.

The judgment represents a critical interpretation of the Income-tax Act concerning rural agricultural lands, reinforcing...

Payments made to payment gateway like CC Avenues are not subject to TDS

Payments made to payment gateway like CC Avenues are not subject to TDS

The tribunal's decision effectively sets aside the orders of the lower authorities and directs the deletion of the TDS d...

No reopening of assessment when the alleged accommodation entries have been repaid

No reopening of assessment when the alleged accommodation entries have been repaid

This judgment reinforces the accountability of tax authorities to substantiate claims of income escapement and highlight...

Search and seizure under Section 132 - Court has no power to review "reasons to believe"

Search and seizure under Section 132 - Court has no power to review "reasons to believe"

The court concluded that the search was neither arbitrary nor malicious and was conducted in accordance with the law. It...

Tax Assessment - Where no time limit is prescribed for finalisation, the  authority must exercise its jurisdiction within a reasonable period.

Tax Assessment - Where no time limit is prescribed for finalisation, the authority must exercise its jurisdiction within a reasonable period.

This judgment highlights the Court's adherence to procedural fairness and underscores the importance of timely resolutio...

Amount received by a non-resident corporate entity from its Indian distributor not taxable as 'royalty'

Amount received by a non-resident corporate entity from its Indian distributor not taxable as 'royalty'

The ruling reiterates the Tribunal's position that the payments received by Factive Limited are not for transferring any...

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