The Chennai ITAT held that payments received by a UAE resident could not be taxed as Fees for Technical Services in India because the India-UAE DTAA lacks an FTS provision. In the absence of a Permanent Establishment, the income was treated as business profits not taxable in India.
The Supreme Court cancelled bail granted in a POCSO murder case, holding that the High Court failed to adequately consider the seriousness of the allegations, supporting material on record, and severity of punishment.
The Jodhpur ITAT held that deduction under Section 80GGC cannot be denied merely on allegations against a political party in the absence of evidence showing any benefit returned to the donor.
The Court ruled that confiscation proceedings before Customs Authorities do not amount to prosecution before a judicial tribunal. Consequently, subsequent criminal prosecution for the same act was held not to violate Article 20(2).
Assessment orders passed pursuant to express liberty granted by the High Court during pendency of settlement-related litigation remain valid and enforceable. Mere keeping of demand in abeyance did not invalidate already communicated assessment orders, nor did it require passing of fresh assessment orders after rejection or abatement of settlement proceedings.
The ruling emphasizes that undisclosed business receipts and stock arising from an existing business cannot automatically be characterized as unexplained income. In the absence of evidence pointing to any other source, the income should be assessed under normal business provisions.
The Tribunal held that when sales are accepted and books of account are not rejected, the entire amount of disputed purchases cannot be added to income. It directed the Assessing Officer to tax only the profit element embedded in such purchases following settled judicial principles.
The ITAT Pune held that the CIT(A)/NFAC cannot dismiss an appeal merely for non-prosecution without adjudicating the issues on merits as mandated under Section 250(6). The matter was remanded for fresh consideration with a direction to pass a reasoned and speaking order after granting one final opportunity to the assessee.
The Rajasthan High Court held that a taxpayer who defaults in filing GST returns in one State cannot obtain fresh registration in another State. The ruling reinforces that GST compliance obligations have nationwide implications.
Resolution Professional (RP) was fully justified in seeking possession through the insolvency process itself, the NCLAT affirmed the NCLT’s eviction order and held that separate eviction suits were not a prerequisite for reclaiming assets owned by a corporate debtor during CIRP.
