The Karnataka High Court struck down the Section 148 reassessment notice for being issued outside the jurisdiction/scope defined by Section 151-A. This decision invalidates the subsequent assessment, penalty, and demand, pending a final verdict from the Supreme Court on the core legal issue.
The Karnataka High Court dismissed the Revenue’s appeal, confirming that payments for software usage to a non-resident are not taxable as royalty under the Income Tax Act or DTAA. The court held the issue was conclusively settled by its own and the Supreme Court’s prior rulings in the assessee’s and similar cases.
SC held that private stage carriage operators cannot be granted permits on inter-State routes overlapping notified intra-State routes, reaffirming that State transport schemes under Chapter VI of Motor Vehicles Act override inter-State agreements.
ITAT Chandigarh ruled that additional income offered by a taxpayer during a survey, derived from business-related discrepancies like excess cash or stock, must be taxed at normal business rates. The tribunal held that the punitive tax rate under Section 115BBE does not apply if the income is clearly established as business income and does not fall under the deemed income provisions (Sections 69 to 69D).
ITAT Chandigarh quashed an assessment order made under Section 143(3) for a pre-search year, holding that after a Section 132 search, the assessment must mandatorily proceed under Section 148 with proper Section 148B approval. The tribunal ruled that the Assessing Officer’s continuation of the scrutiny post-search was a jurisdictional error, making the assessment void ab initio.
The Tribunal held that the Assessing Officer rightly accepted excess stock and cash disclosed during survey as business income after enquiry. Section 115BBE was not applicable, and PCIT’s revision under Section 263 was invalid.
ITAT Chandigarh deleted a wrongful addition, condemning tax authorities’ misuse of authority for taxing income a consultant mistakenly declared. The ruling asserts that Income Tax Authorities must assist taxpayers in determining their correct income rather than penalize bona fide errors.
NCLT Delhi held that application for initiation of liquidation of the Corporate Debtor filed under section 33(2) read with section 33(1)(b) of the Insolvency and Bankruptcy Code is allowed in view of non-cooperation of the management.
Tribunal held that cost-to-cost reimbursements for IT support services do not qualify as Fees for Included Services (FIS) under Article 12 of the India-US DTAA, as no technical knowledge was “made available” to the Indian affiliate.
Calcutta HC ruled on challenging a Faceless Assessment order, directing the taxpayer to file an appeal when an objection to the 143(2) notice wasn’t raised earlier.
