Welcome to The Vantage Point - the Riverus blog. We look forward to you reading our analysis, and hearing your views and feedback through comments. If you have any suggestions on articles or areas of income tax case law that you want us to analyse, please write in as a comment. (Comments on this site … Continue reading The Vantage Point
We received around 15 entries which were judged on structure, clarity, analysis and language. As per our panel's feedback, most entries scored extremely low on legal analysis while a couple of articles were disqualified as a result of plagiarism. The competition required an in-depth analysis of one (or more) issues in the given themes however the entries … Continue reading Results for 1st Riverus Article Writing Competition on Direct Taxes
While most of the preliminary tax litigation in India is centred around the ITATs, the Authority for Advance Rulings (AAR) also plays in important role in resolving tax issues before they get a chance to hit proper litigation. It is an independent quasi-judicial body which can give give rulings on taxation queries presented by Non … Continue reading Forum Review: Authority for Advance Rulings
2018 was a busy year in the field of tax litigation, with almost 20,000 cases being disposed of across forums. The volume of litigation took a slight dip compared to earlier years in view of the Tax Effect circular issued by the CBDT on 11 July, 2018 which prescribed higher monetary limits for appeals filed … Continue reading Litigation Review : 2018
Justice Sanjiv Khanna was one of the two judges elevated to the Supreme Court in the latest round of appointments, becoming an SC judge on 18-1-2019. Prior to this he was one of the most experienced tax judges at the Delhi HC. He is now the third most experienced tax judge (in terms of number of … Continue reading Judge Spotlight – Justice Sanjiv Khanna
On June 6, 2018, the Authority for Advanced Rulings pronounced its decision in the case of MasterCard Asia Pte. Ltd. on the issue of whether there was a permanent establishment of the company in India or not. In a detailed judgment, the Authority ruled as follows: The setting up of Indian operations of MasterCard has … Continue reading Vox Analytica Files : A Data Driven Look at Permanent Establishment
In continuation of our series on Per Incuriam cases, today we look into two situations which present very intriguing questions of law related to genuineness of a partnership firm and the age old tax problem of distinction between capital and revenue expenditure. You can read the earlier parts here - I, II, III and IV … Continue reading Per Incuriam Cases – V
In this edition of per incuriam cases, we have cases with issues ranging from dismissal of complaint due to undisclosed amount not being high enough, to deduction of marriage expenses in for unmarried daughter and ending with the Bombay High Court deciding an issue against the assessee in three sentences. Does rejection of complaint due … Continue reading Per Incuriam Cases – IV
Even after a judgement has been declared per incuriam, they are routinely cited by the courts. For example, the case CIT vs Avi-Oil India Pvt Ltd.which was declared per incurium by V.R.A Cotton Mills (P) Ltd. vs U.O.I on 27-09-2011 has been cited 15 times since then. Identification of per incuriam cases can be useful to both lawyers … Continue reading Per Incuriam Cases – III
Slump Sale - Meaning A Slump Sale is a sale of one or more undertakings by a seller as a going concern to an acquirer, for a lumpsum consideration, without specific values being assigned to individual assets. The concept of Slump Sale was introduced in the income tax law through section 2(42C) [definition of Slump … Continue reading Slump Sale and its taxability
A judgment of the court is not a binding precedent if given per incuriam, i.e., it is either: A judgment that is passed in ignorance of a relevant statutory provision; or A judgment that is passed without considering binding precedent of a coordinate or larger bench. As discussed in the earlier article, the significance of a judgment having … Continue reading Per Incuriam Cases – II
