Direct Tax Weekly Round-Up: 28 July To 3 August 2024

Vodafone Idea Not Liable To Deduct TDS On Charges Paid To Non-Resident Telecom Operators : Supreme Court

Case Title: Deputy Director of Income Tax & Anr. v. M/S. Vodafone Idea Ltd.

Citation :2024 LiveLaw (SC) 522

Dismissing a petition filed by the Income Tax Department, the Supreme Court recently upheld the view that Vodafone Idea is not liable to deduct TDS (tax deducted at source) on interconnectivity usage and bandwidth charges paid to non-resident telecom operators.

Delhi High Court

AO Can't Disregard ITAT's Direction To Re-examine Issue By Referring To CBDT Circular: Delhi High Court

Case Title: Mitsubishi Corporation Versus ACIT

The Delhi High Court has held that the assessing officer (AO) cannot disregard the direction of the Income Tax Appellate Tribunal (ITAT) to re-examine the issue by referring to the circular issued by the Central Board of Direct Taxes (CBDT).

Madras High Court

Foreign Tax Credit Can't Be Denied In Spite Of Accepting Computation: Madras High Court

Case Title: Thejo Engineering Limited Versus The Deputy Director of Income Tax

The Madras High Court has held that the claim of foreign tax credit cannot be denied in spite of accepting the computation.

Bombay High Court

AO Ought To Verify Details Before Initiating Reassessment Based On Faceless Information: Bombay High Court

Case Title: Benaifer Vispi Patel Versus ITO

The Bombay High Court has held that the Assessing Officer (AO) ought to verify details before initiating reassessment based on faceless information.

Kerala High Court

Assessments Getting Time Barred By 31.03.2017 Can Continue Only Upto 31.03.2018: Kerala High Court

Case Title: Intersource Exports (P) Ltd. Versus Deputy Commissioner Of State Tax

Citation: 2024 LiveLaw (Ker) 483

The Kerala High Court has held that the assessments that were getting time barred by 31.03.2017 can continue only up to 31.03.2018.

Whether Income Received By Kerala Cricket Association Would Be Exempted Income Or Not? Kerala High Court Remands Back Matter To ITAT

Case Title: The Commissioner Of Income -Tax (Exemptions) Kochi Versus M/S.Kerala Cricket Association

The Kerala High Court has remanding the matter to the Income Tax Appellate Tribunal (ITAT) to determine whether income received by the Kerala Cricket Association during the assessment years 2010-11, 2012-13, and 2013-14 would partake of the nature of exempted income going by the provisions of Section 2(15) of the Income Tax Act.

Rajasthan High Court

Depression, Old Age, Assessee's Status As Small-Scale Surveyor To Be Considered As Genuine Hardship; Rajasthan High Court Condones Delay

Case Title: Padam Raj Bhandari Versus UOI

Citation: 2024 LiveLaw (Raj) 182

The Rajasthan High Court has allowed the application seeking condonation of delay under Section 119(2)(b) of the Income Tax Act in order to claim a refund for the assessment year 2009-10 to 2014-15 on the grounds of genuine hardship.

Karnataka High Court

Income Tax Dept's Appeal Against Inadequate Sentence Lies Before Sessions Court: Karnataka High Court

Case Title: The Income Tax Department Versus M/S. Jenious Clothing Private Ltd

Citation: 2024 LiveLaw (Kar) 340

The Karnataka High Court has dismissed the appeals preferred by the Income Tax Department under Section 377 of Cr.P.C.

Punjab & Haryana High Court

Wrong Assessment U/s 44ADA By AO Attracts Revisionary Interference: Punjab & Haryana HC Upholds Revision By PCIT U/s 263

Case Title: Harjot Singh verses Principal Commissioner Income Tax-Central, Ludhiana

Citation: 2024 LiveLaw (PH) 179

The Punjab & Haryana High Court recently upheld the revisional order passed by the Principal CIT u/s 263 by setting aside the assessment wrongly passed by the AO u/s 44ADA.