Per Incuriam Cases – III

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

Per Incuriam Cases – II

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

Per Incuriam Cases

Per Incuriam cases are those which have been pronounced in ignorance of existing law or precedents and hence no longer hold any precedential value. Per incuriam cases can blindside practitioners if they are unaware of their status, since the Courts will not accept them as binding or even persuasive precedents. Here’s a list of per … Continue reading Per Incuriam Cases

Implications of Change in Beneficial Shareholding

Whether you are buying a business, selling a business or merging two or more businesses, there are multifarious tax issues that need to be navigated. It is crucial to know what you are getting in to when you decide to grow your business through Mergers and Acquisitions (‘M&A’). In any M&A transaction, tax considerations are … Continue reading Implications of Change in Beneficial Shareholding

Anatomy of an Indian Tax Case

A judgment, ideally, is a prime example of how one should structure any piece of text, especially legal texts. It is supposed to be coherent and concise, and importantly, follow a trail that takes the reader smoothly from one point to the other. While a judgment may simply seem like a collection of legalese to … Continue reading Anatomy of an Indian Tax Case

Most Litigated Income Tax Issues (Procedural)

Knowledge is a beautiful thing. Not knowing may make you feel embarrassed amongst your peers, and knowing may even earn you the respect of your seniors. Now, thanks to the Riverus income tax research tool, all such knowledge is at finger tips, for everyone. Procedural aspects are relevant in the lifecycle of every case, irrespective … Continue reading Most Litigated Income Tax Issues (Procedural)

Curious Case of Rising Average Duration

The time taken to decide a case is crucial not only for the assessee, but is also considered a criteria for judging the efficiency and performance of the Income Tax Appellate Tribunals. The overall efficiency of forums have been discussed previously where we discussed the amount of workload on the members of the Tribunal affecting the time … Continue reading Curious Case of Rising Average Duration

Speed Check of ITAT Forums

Continuing our analysis on factors that may affect the timeline of a case, we thought of analysing data for different Income Tax Appellate Tribunals and check how they measured against each other. The data used here is for the Mumbai, Delhi, Ahmedabad, Kolkata, and Chennai tribunals, starting from year 2000. The fast and the not so … Continue reading Speed Check of ITAT Forums

The Legal Issue and Timeline Nexus

If you are involved in a litigation, we believe, knowing the disposal duration of similar case will be fairly important to you. Duration depends upon factors such as the number of hearings, clarity on a point of law, the parties involved in a case, the relative importance given by the tribunal to a case etc. … Continue reading The Legal Issue and Timeline Nexus

Stay Applications – a Short story

Stay applications can provide relief to taxpayers who have been served a tax demand. In this post, we take a look at how quickly the stay applications are processed in the Income Tax Appellate Tribunal in Mumbai. What is a stay application? Imagine you get a notice from the Income Tax Department demanding more tax. … Continue reading Stay Applications – a Short story