In the High Courts: Part A

• Sections 48, 54F, 19 and 143 of ITA, 1961 – Assessment – Duty of Assessing Officer – It is a sine qua non for the AO to consider claims of deduction /...
• Sections 37 and 43B(g) of ITA, 1961 – Business expenditure – Deduction only on actual payment – Assessee paying licence fee to Railways for use of lan...
• Section 14A of ITA, 1961 r.w.r. 8D(2)(iii) of ITR, 1962 – Exempt income – Disallowance of expenditure relating to exempt income – Voluntary disallowan...
• Sections 2(24) and 4 of ITA, 1961 – Income – Meaning of – Assessee collecting value-added tax on behalf of State Government – Excess over expenditure ...

Past Issues

President's Message

I am extremely honoured to be elected as the President of our Society and to lead an organisation that has contributed so much to my own career and personal growth. I became a member of our Society about two decades ago and along the way I have been mentored by stalwarts and have also formed several close friendships.

Tribunal News : PART A

• Section 54 r.w.s. 139 – Assessee would be entitled to claim exemption u/s 54 to extent of having invested capital gain on sale of old residential flat...
• Section 22 r.w.s. 23 –Under section 22 annual value is chargeable to tax in the hands of the owner – The assessee, SPV, promoted by the State Housing ...
• Section 72 r.w.s. 254, Section 154 – Business loss determined and carried forward by the AO pursuant to an order passed in accordance with directions ...

Tribunal News : PART C

• Article 12(5) of India-Netherlands DTAA – Rendering of a bouquet of services where the predominant nature is managerial in nature will qualify for exe...
• Section 9(1)(vii) of the Act; Article 13 of India-France DTAA – Reimbursement of salary of seconded employees does not qualify as FTS – By virtue of t...
• Article 12(5) India-Finland DTAA – Payment made for obtaining test results in India is taxable in India under Article 12(5) of India-Finland DTAA irre...
• Article 7, 12 of India-Singapore DTAA – Provision of standard bandwidth services could not be classified as FTS or royalty under India-Singapore DTAA...

Tribunal News : PART B

• Section 37(1) – Compensation received in lieu of extinction of right to sue is capital receipt not chargeable to tax...
• Section 273B read with section 272A(2)(k) – Delay in filing TDS return for want of PAN considered as reasonable cause and penalty imposed was deleted...