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TDS u/s 195 on Sponsorship & Trademark Rights – Indo-Singapore DTAA

January 1, 2026 1071 Views 0 comment Print

Payments for sports sponsorship that grant global trademark usage can be split as royalty. Courts upheld withholding where trademark rights were substantive, not incidental.

Non-Compete Fee Allowed as Revenue Expense Because It Does Not Create Capital Asset

December 22, 2025 792 Views 0 comment Print

The Supreme Court held that non-compete payments facilitating efficient business operations are deductible under section 37(1) when no capital asset or profit-making structure is created.

Section 234B Interest on 115BBE Income for Senior Citizens

October 13, 2025 2937 Views 0 comment Print

Interest under Section 234B cannot be levied on Section 115BBE-assessed income for resident senior citizens exempt from advance tax, as per ITAT and CBDT guidance.

Delayed ITR Filing: Delhi HC Reaffirms Liberal Interpretation of ‘Genuine Hardship’ in Condonation

September 20, 2025 2829 Views 0 comment Print

Delhi High Court in VRG Electronics v. PCIT reaffirms a liberal approach to condoning ITR filing delays under Section 119(2)(b). Court ruled that an accountant’s negligence can constitute genuine hardship.

Charitable Trust Can’t Be Denied Tax Exemption for Delayed Form 10B Filing: Bombay HC

September 20, 2025 1656 Views 0 comment Print

The Bombay High Court set aside an order denying tax exemption to People’s Mobile Hospitals, a charitable trust, for a delay of 84 days in filing Form 10B. The court ruled that the delay was procedural and not a willful default, emphasizing a “justice-oriented” approach in such cases.

TDS Credit Cannot be Denied to Employee for Employer’s Non-Deposit: ITAT Kolkata

September 17, 2025 3468 Views 0 comment Print

The ITAT Kolkata ruled that an employee is entitled to full TDS credit even if their employer failed to deposit the tax. The ruling emphasizes that the remedy lies against the employer.

Delayed Filing of Form 10-IC – Substantive Right vs. Procedural Lapse

September 4, 2025 2337 Views 0 comment Print

The ITAT Delhi has directed the tax department to apply the 22% concessional tax rate to Kworks Technologies, citing a procedural lapse in late filing of a tax form.

TDS on Common Area Maintenance Charges – Section 194I or 194C

August 31, 2025 7704 Views 0 comment Print

Delhi High Court rules CAM charges are contractual payments under Section 194C, not rent under Section 194I, clarifying TDS obligations for businesses.

Validity of Section 131(1A) Notices issued Post Income Tax Search

June 6, 2025 4875 Views 0 comment Print

Allahabad High Court rules Section 131(1A) notices are invalid if issued after a Section 132 income tax search. Judgment clarifies pre-search vs. post-search investigative powers, protecting taxpayer safeguards.

ITAT Mumbai Mandates DVO Reference in Valuation Disputes

May 21, 2025 2235 Views 0 comment Print

ITAT Mumbai orders DVO reference in Fakhruddin T. Malik case, ruling AO erred by not valuing disputed property despite assessee’s request.

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