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

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

The Taxability of Crime

An oft quoted aphorism states that the only two things certain in life are death and taxes. The truth of this statement comes out from the fact that under the Income Tax Act of India, profits derived from illegal activities of an assessee are also taxable. However, this brings to another interesting conundrum -  if … Continue reading The Taxability of Crime

Claiming deductions on donations: 4 questions and their answers

“Giving is not about making a donation. It’s about making a difference.” And, no act of kindness, no matter how small, is ever wasted. All your acts of kindness in the form of charity and donations come back to you in the form of a tax benefit provided by the Indian Government under section 80G … Continue reading Claiming deductions on donations: 4 questions and their answers

The Heart of the Matter

More often than not, income tax cases can devolve into sordid matters involving deceit, dishonesty and general distasteful behavior. But once in a while, you may stumble upon a heart-warming (pun fully intended) story in tax, like I did when I chanced upon the case of Shanti Bhushan vs. CIT on Riverus. Shanti Bhushan, an … Continue reading The Heart of the Matter

Income from Agriculture: 5 Questions and their Answers

Agricultural income in India is categorised as a valid source of income and includes: income from sources that comprise agricultural land, income from buildings on or related to an agricultural land and commercial produce from an agricultural land.  Agricultural income is defined under section 2(1A) of the Income Tax and Act and such income earned by a … Continue reading Income from Agriculture: 5 Questions and their Answers

Income from House Property: 4 Questions and their Answers

Income from house property is chargeable to tax under Section 22 of the Income Tax Act. As per Section 22, tax on house property is chargeable on the annual value of any property, consisting of any buildings or lands connected to it, owned by the assessee. The determination of annual value in this case is done on … Continue reading Income from House Property: 4 Questions and their Answers