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

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

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