Direct Tax Cases Weekly Round-Up: 16 To 22 June 2024

Bombay High Court Upholds ITAT's Order Directing Vodafone India To Deposit Rs.230 Crores For Staying Income Tax Demand

Citation: 2024 LiveLaw (Bom) 303

Case Title: Vodafone India Services Pvt. Ltd. Versus Assistant Commissioner of Income Tax Circle 8(3)(2)

The Bombay High Court has upheld the order passed by the Income Tax Appellate Tribunal (ITAT) directing Vodafone India to deposit Rs. 230 crores for staying income tax demand.

Kerala High Court

Prerogative Of Govt. To Fix Income Limit For Encashment Of Earned Leave Salary For Income Tax Exemption: Kerala High Court

Citation: 2024 LiveLaw (Ker) 364

Case Title: Balan Panicker Ramesh Kumar Versus Union Of India

The Kerala High Court has held that it is the prerogative of the government to fix the limit of income from the encashment of earned leave salary for the purposes of exemption from payment of income tax. Unless the government issues a notification fixing the limit of income for earned leave salary, an employee cannot claim exemption from payment of income tax on the encashment of earned leave for up to 300 days.

Failure Of Assessee To Update E-Mail Address With Dept.; Kerala High Court Dismisses Writ Petition Challenging Demand Notice

Citation: 2024 LiveLaw (Ker) 363

Case Title: Lakeshore Hospital And Research Centre Limited Versus The Additional/Joint/Deputy/Assistant Commissioner Of Income Tax/ Income Tax Officer, National Faceless Assessment Centre

The Kerala High Court has dismissed the writ petition challenging the assessment order and notice of demand on the grounds that they were issued in violation of the principles of natural justice.

Delay In Approaching Revision Authority Under Income Tax Act Can't Be Condoned: Kerala High Court

Citation: 2024 LiveLaw (Ker) 366

Case Title: Equity Intelligence India Pvt. Ltd Versus PCIT

The Kerala High Court has held that the delay in approaching the revision authority under the Income Tax Act cannot be condoned.

Absence Of Incriminating Materials, AO Not Empowered To Reopen Assessments In Block Period Of Six Years: Kerala High Court

Citation: 2024 LiveLaw (Ker) 369

Case Title: M/S. Sunny Jacob Jewellers Gold Hyper Market Versus CIT

The Kerala High Court has held that based on the material obtained during the search, the Assessing Officer, who gets the jurisdiction to re-open the assessments, can do so in respect of the individual assessment years comprised in the block period of six years only if the material obtained during the search under Section 132 of the Income Tax Act, or any part thereof, relates to the assessment year in question.