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
Litigation Review : 2018
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
Judge Spotlight – Justice Sanjiv Khanna
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
Vox Analytica Files : A Data Driven Look at Permanent Establishment
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
Per Incuriam Cases – IV
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
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
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
Deductions for the differently abled under Section 80U
The government of India has provided various benefits to empower the differently abled and their families. One of the benefits under the Income tax Act for differently abled taxpayers to reduce their taxable income is a provided under section 80U. The criteria of disability for claiming the deduction of taxable income is fixed by the … Continue reading Deductions for the differently abled under Section 80U
Most Cited Unreported Judgments
Last week in our article series we discussed the oft overlooked unreported judgments. After establishing how these judgments are a prominent part of the corpus of judicial literature in India, and a valuable resource for any diligent practitioner, we thought we’d trawl our database to uncover the most popular unreported judgements. These judgements on important … Continue reading Most Cited Unreported Judgments
Foreign Tax Credit on Exempt Income
Who amongst us doesn’t like to save taxes? Or wished to stay at tax haven where you don’t have to pay income tax. While tax is almost an inevitability, globalization a few years ago gave rise to another interesting problem – that of double taxation. If you were working in a country of which you … Continue reading Foreign Tax Credit on Exempt Income