Tax Guru

SC Confirms DTAA Protection Against Higher TDS Under Section 206AA

The Court clarified that rental payments for aircraft engines fall under equipment per the India-Netherlands DTAA, and beneficial DTAA rates apply for TDS. Section 206AA cannot override these ...
Tax Guru

SEZ Unit Entitled to Refund of Accumulated ITC: Gujarat HC

The Gujarat High Court allowed a chemical manufacturer’s refund claim of unutilized ITC under Rule 89, affirming SEZ units can claim refunds even when supplied via ISD. Prior precedent in Britannia ...
Tax Guru

TDS Rate for Non-Residents Governed by DTAA, Not Section 206AA: Delhi HC

The Delhi High Court held that TDS for non-residents without PAN should follow DTAA rates, not the 20% rate under Section 206AA. The ruling confirms treaty provisions override procedural domestic ...
Tax Guru

Modest Refund Amount: SC Declines Interference, SEZ Refund Issue Still Open

The Court held that pending SLP does not bar enforcement of binding High Court precedent. The petitioner’s refund of ₹65 lakh for unutilized IGST was ...
Tax Guru

Assessment Set Aside as AO’s Letter Did Not Address Reopening Objections

The Tribunal noted that the Assessing Officers communication did not consider the assessees objections but only reiterated the basis of reopening. As the objections were not disposed of through a ...
Tax Guru

AP HC Restrains Arrest After Petitioners Assert Mere Intermediary Role in GST Case

The case involves alleged offences under Sections 420, 467, 468, and 471 read with Section 120B of the IPC, and Sections ...
Tax Guru

Brand Acquisition Agreement of trademark –‘Crocin’ is export and doesn’t qualify as local sales

Bombay High Court held that Brand Acquisition Agreement in respect of trademark –‘Crocin’ between parties is an agreement to Sale and such sale is not a sale within the State of Maharashtra hence not ...
Tax Guru

Bombay ITAT Condones 363-Day Delay: Email Mishap Leads to Remand of Entire Group Appeals

The Bombay ITAT allowed a 363-day delay in filing appeals caused by misdirected emails, emphasizing liberal interpretation of sufficient cause and procedural fairness. Appeals were remitted for fresh ...
Tax Guru

Liberal Interpretation of “Sufficient Cause” Leads to Condonation

The Tribunal held that a 93-day delay caused by a tax professional’s mistaken assumption that the quantum appeal was already filed constituted a bona fide error. With no malafide intent shown, the ...
Tax Guru

Genuine Misunderstanding of VRS Exemption Not “Under-Reporting”

The Tribunal emphasized that an error regarding VRS exemption made by a salaried, non-technical taxpayer cannot be classified as deliberate under-reporting. With no false claim or suppression, the ...
Tax Guru

Delivery Order Income Held “Directly Connected” to Air Transport, Exempt Under Article 8 UK DTAA

The Tribunal held that delivery order charges are directly connected to air-cargo transportation and fall within Article 8 of the India–UK DTAA. The ruling confirms such receipts form part of ...
Tax Guru

Carbon-Copy Satisfaction Note Fatal: 153C Satisfaction Mechanical Proceedings Held Void Ab Initio

The Tribunal held that notices under section 153C issued without independent satisfaction by the AO are invalid, quashing the ...