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    October 23, 2026   Case Laws GST
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October 23, 2026   Case Laws GST
Statutory show cause notice service is mandatory; assessment based solely on an accompanying summary cannot stand.
October 23, 2026   Case Laws GST
Mandatory appeal documents and pre-deposit proof: registration was refused after defects remained uncured despite repeated opportunities.
October 23, 2026   Case Laws GST
GST extended recovery notices require pleaded foundational facts of fraud, misrepresentation, or suppression; statutory recitals alone are insufficient.
October 23, 2026   Case Laws Income Tax
GAAR scrutiny of listed-share bonus transactions fails where market trades lack a planned arrangement or controlled tax outcome.
October 23, 2026   Case Laws Income Tax
Approved gratuity fund provisions remain deductible despite general actual-payment requirements, preventing revision of the allowed gratuity deduction.
October 23, 2026   Case Laws Income Tax
Debatable MAT credit components cannot be reduced through rectification for an alleged mistake apparent from the record.
October 23, 2026   Case Laws Income Tax
FIR quashing for audit-report filings prevents criminal proceedings where allegations disclose no cognizable offence against accountants.
October 23, 2026   Case Laws Income Tax
Portfolio-managed securities gains retain capital-gains treatment where investment character is not converted into active trading.
October 23, 2026   Case Laws Income Tax
Verification of intangible software expenditure and duplicated disallowances requires record-based reassessment before depreciation and income computation are finalised.
October 23, 2026   Case Laws Income Tax
Cash receipt aggregation requires a single transaction, event or occasion; separate partner capital contributions cannot attract cash-receipt penalties.
October 23, 2026   Case Laws Income Tax
Charitable-trust exemption requires evidence-based verification of founder remuneration; conflicting audit reports alone cannot establish a statutory violation.
October 23, 2026   Case Laws Income Tax
Teaching exclusion under India-USA DTAA protects educational-course receipts from Fees for Included Services taxation in India.
October 23, 2026   Case Laws Income Tax
Dissolved partnership bank transactions cannot be attributed to the firm solely because its earlier account remained operational.
October 23, 2026   Case Laws Income Tax
Trademark assignment consideration qualifies as capital gains, not royalty, when ownership transfers fully without retention of Indian rights.
October 23, 2026   Case Laws Income Tax
Capital gains computation requires reliable proof of unquoted share acquisition cost; unsupported reconciliations cannot negate taxable gains.
October 23, 2026   Case Laws Income Tax
Software licence receipts and indirect foreign-share transfers remain outside Indian taxation under the India-Ireland treaty framework.
October 23, 2026   Case Laws Income Tax
Equity-oriented mutual-fund redemptions fall outside the share-alienation rule, while Mauritius treaty entitlement requires renewed anti-abuse review.
October 23, 2026   Case Laws Income Tax
Mark-to-market losses on Available for Sale bank securities and standard-asset provisions qualify for deduction under banking-specific rules.
October 23, 2026   Case Laws Income Tax
Infructuous appeals follow revision setting aside original assessments, while challenges to fresh assessments require independent merits adjudication.
October 23, 2026   Case Laws Income Tax
Advance-tax liability beyond a lower-deduction certificate attracts mandatory interest, while correct interest computation requires reassessment after hearing.

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Home › Highlights › Income Tax › 2022 › July, 2022 › This
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Income Tax

Revision u/s 263 by CIT - claim of higher depreciation at the...

Tax Authority Challenges Higher Vehicle Depreciation Claim; Lack of Evidence on Vehicle Hiring Business u/s 263.

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Income Tax July 23, 2022 Case Laws AT
Revision u/s 263 by CIT - claim of higher depreciation at the rate of 30% on vehicles - Even in the 263 proceedings before Ld. Pr. CIT and in the proceedings before us, the learned counsel for the assessee has not been able to bring anything on record to substantiate that the assessee was primarily engaged in the business of letting out vehicles on hire, so as to be eligible for claim of higher rate of depreciation on vehicles @30%. - AT
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