Income Declaration Scheme declarations can evidence share-capital sources, while round-tripped funds and cash-linked credits require further verificat...
Permanent establishment tests: independent subsidiary premises and principal-to-principal dealings did not create Indian taxability for offshore suppl...
Valuation Officer estimates govern property-value additions once statutory valuation is invoked, requiring fresh consideration of objections and compa...
Waiver of written show-cause notice may prevent a later procedural challenge after participation in customs adjudication, preserving statutory appella...
Retrospective invalidity of ocean-freight IGST supports refunds despite non-party status and prior credit utilisation, subject to authorised appeal gr...
The High Court considered the issue of Leave Encashment exemption u/s 10AA and the retrospective review of income limit for taxing earned leave salary. The petitioners, retired before the latest notification setting the upper limit at Rs. 25 lakhs, sought relief as their earned leave income exceeded Rs. 3 lakhs. The Court acknowledged the limitation on its power and the separation of powers doctrine, stating it cannot mandate the revision of the upper limit with retrospective effect. While sympathetic, the Court emphasized that such policy decisions fall within the Executive's domain. The writ petitions were disposed of, allowing petitioners to approach the Government for relief, with the Government having the discretion to decide on their representations. Any pending interlocutory applications were dismissed.
The High Court considered the issue of Leave Encashment exemption u/s 10AA and the retrospective review of income limit for taxing earned leave salary. The petitioners, retired before the latest notification setting the upper limit at Rs. 25 lakhs, sought relief as their earned leave income exceeded Rs. 3 lakhs. The Court acknowledged the limitation on its power and the separation of powers doctrine, stating it cannot mandate the revision of the upper limit with retrospective effect. While sympathetic, the Court emphasized that such policy decisions fall within the Executive's domain. The writ petitions were disposed of, allowing petitioners to approach the Government for relief, with the Government having the discretion to decide on their representations. Any pending interlocutory applications were dismissed.
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