Direct Tax Quick Weekly Flashback: 1 To 7 September, 2024

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Supreme Court

2023 Amendment In Section 80dd Of Income Tax Act Regarding ‘jeevan Aadhar’ Policies Can’t Be Made Retrospectively Applicable: Supreme Court

Case Title: Ravi Agrawal Versus Union Of India

The Supreme Court has dismissed the writ petitions seeking retrospective effect to the 2023 amendment into 80DD of the Income Tax Act regarding the Jeevan Aadhar Policy. 

Delhi High Court 

DTVSV Act Intents Closure Of All Tax Disputes: Delhi High Court Quashes SCN & Demand Orders

Case Title: Satish Kumar Dhingra Versus Assistant/Deputy Commissioner Of Income Tax

The Delhi High Court while quasing the show cause notice and the income tax demand order held that the legislative intentions behind Direct Tax Vivad se Vishwas Act, 2020  (DTVSV Act) is the closure of all tax disputes.

Income Tax Assessment Orders Issued Without Draft Assessment Orders: Delhi High Court Quashes Orders Against Microsoft, Sumitomo, AT Kearney India 

Case Title:  Microsoft India (R&D) Pvt. Ltd. Versus DCIT

The Delhi High Court has quashed the income tax assessment orders issued against MNCs including Microsoft, Sumitomo and AT Kearney India on the ground that the draft assessment order under Section 144C of the Income Tax was not issued before the final order.

Bombay High Court

Income Tax Reassessment Proceedings Of Central Charges, International Taxation Charges To Be Held In Faceless Manner: Bombay High Court

Case Title: Abhin Anilkumar Shah Versus ITO

The Bombay High Court has held that in respect of central charges and international taxation charges, the reassessment proceedings under Section 148A read with Section 148 of the Income Tax Act would be required to be held in a faceless manner.

PCIT To Apply Mind Before Sanctioning Income Tax Reassessment: Bombay High Court

Case Title: The Saraswat Co-operative Bank Ltd. Versus ACIT

The Bombay High Court has held that the Principal Commissioner of Income Tax (PCIT) must applymind before sanctioning income tax reassessment.

Karnataka High Court

Case Title: PCIT Versus Confident Projects India Pvt. Ltd.

Monetary Value Involved In Appeals Less Than Rs. 1 Crore: Karnataka High Court Dismisses Income Tax Dept’s Appeals 

The Karnataka High Court has dismissed the income tax appeal filed by the department as the monetary value involved in appeals less than Rs. 1 crore.

Kerala High Court 

Kerala High Court Directs Gram Panchayat To Consider Objections Against Levying Property Tax On Residential Building Equal To Commercial Buildings Rates 

Case Title:  Sajitha @ Sajitha Basheer Versus State Of Kerala

The bench of Justice Gopinath P. has directed the Secretary of the Grama Panchayat to consider the objections raised by the petitioner against the levy of property tax at the rates applicable to commercial buildings in respect of the residential building of the petitioner. 

Kerala High Court Uphold Constitutional Validity Of Provision Mandating FIFO/Weighted Average Cost Method Of Computation For Assessees Under ‘Profits and Gains of Business And Profession’

Case Title: P.A. Jose Versus Union Of India

The Kerala High Court has upheld the constitutional validity of Section 145A of the Income Tax Act mandating First In First Out (FIFO)/weighted average cost method of computation for assessees under ‘profits and gains of business and profession’.

Jammu & Kashmir And Ladakh High Court 

Power Conferred Upon Income Tax Assessing Authority Is Statutory In Character, Can’t Be Taken Away By CBDT Order: Jammu & Kashmir And Ladakh High Court 

Case Title: M/s Reshi Construction Company Versus Commissioner of Income Tax

The Jammu & Kashmir And Ladakh High Court has held that the power conferred upon the Assessing Authority under Section 143(2) of the Income Tax Act is statutory in character and cannot be tinkered with or taken away by any order or instruction issued by the Central Board of Direct Taxes (CBDT) in the exercise of the power conferred upon it under Section 119 of the Income Tax Act for  issuance of order or direction would be tantamount to requiring the Assessing Officer to make or dispose of a particular case in a particular manner not prescribed by statute.

Madhya Pradesh High Court

Exigibility Of Tax On Royalty Payments Is Still Pending Before Supreme Court; Madhya Pradesh High Court Permits Dept. To Proceed With SCN

The Madhya Pradesh High court, Jabalpur Bench, while hearing the writ petitions stated that the issue with regard to exigibility of tax on royalty payments is still pending before the Supreme Court and likely to be listed shortly.

Case Title: M/S Anand Mining Corporation Vs Union Of India And Others

Amit Sharma
Amit Sharma
Amit Sharma is the Content Editor at JurisHour. He has been writing about the Indian legal market. He has covered tax & company litigation stories from the Supreme Court, High Courts and Various Tribunals. Amit graduated from MLSU Law College with B.A.LL.B. and also holds an LL.M. from MLSU, Udaipur, Rajasthan. An Advocate in Taxation, and practised in Tribunals as well as Rajasthan High Court and pursued Masters in Constitutional Law. He started out small with little resources but a big plan to take tax legal education to the remotest locations across India and eventually to the world. His vision is to make tax related legal developments accessible to the masses.

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