Date | Title | Citations |
|---|
| 12/20/2022 | Indirect Tax Weekly Updates | - |
| 12/19/2022 | Recommendations of the 48th GST Council Meeting | Press Release dated 17 December 2022, Ministry of Finance |
| 12/15/2022 | The taxpayer is not eligible for charitable institution related approval since it is involved in commercial activities | Fernandez Foundation v. CIT (ITA No. 1884 & 1885/Hyd/2019)-Taxsutra.com |
| 12/14/2022 | Indirect Tax Weekly Updates | - |
| 12/14/2022 | Indirect Tax Weekly Updates | - |
| 12/07/2022 | The taxpayer is entitled to set-off of loss and deduction under Section 80G against the foreign dividend income | Specified foreign company means a foreign company in which the Indian company holds 26 per cent or more of equity share capital |
| 12/07/2022 | Revaluation of assets credited to a partner’s account is taxable as capital gains under Section 45(4) – Supreme Court | CIT v. Mansukh Dyeing and Printing Mills (Civil Appeal No. 8258 and 8259 of 2022) - Taxsutra.com (This decision deals with the period prior to the amendment to Section 45(4) by the Finance Act, 2021) |
| 12/01/2022 | India Tax Konnect - November 2022 | - |
| 12/01/2022 | The Singaporean subsidiary of an Indian company has a fixed PE as well as an agency PE in India | Redington Distribution Pte. Ltd v. DCIT (IT(TP) A No.14/Chny/2020)(Chennai)-Taxsutra.com |
| 11/23/2022 | Capital gain of a Mauritian company on the sale of shares of an Indian company is not taxable under the pre-amended India-Mauritius tax treaty | UOI v.Azadi Bachao Andolan [2002] 125 Taxman 826 (SC) |
| 11/16/2022 | Indirect Tax Weekly Updates | - |
| 11/14/2022 | Capitation fees received by an educational institution are not eligible for exemption available to a charitable trust | Exemption for income from property held for charitable or religious purposes |
| 11/09/2022 | Supreme Court ruling on higher pension benefit under the Employees’ Pension Scheme, 1995 | Notification G.S.R 609(E) dated 22 August 2014 |
| 11/09/2022 | Taxes are deductible for Leave Travel Concession claims involving foreign travel – Supreme Court | Section 10(5) of the Income-tax Act, 1961 read with Rule 2B of the Income-tax Rules, 1962 |
| 11/04/2022 | The Supreme Court, while dealing with exemption relating to charitable institutions, interprets 'General Public Utility' and discards the' Predominant Object' test | The Supreme Court dealt with a batch of appeals with a lead case, namely 'ACIT (Exemptions) v.Ahmedabad Urban Development Authority', Civil Appeal no. 21762 of 2017 - Taxsutra.com |
| 11/04/2022 | India Tax Konnect - October 2022 | - |
| 11/01/2022 | An educational institution is not eligible for tax exemption under Section 10(23C) of the Income-tax Act when it is not engaged ‘solely’ in educational activities – Supreme Court | American Hotel & Lodging Association, Educational Institute [2008] 301 ITR 86 (SC) |
| 10/20/2022 | Plea of promissory estoppel would not be available against the exercise of the legislative functions of the State | Hero Motocorp Ltd Vs Union Of India & Ors. [2022-VIL-82-SC] |
| 10/18/2022 | India Tax Konnect - September 2022 | - |
| 10/12/2022 | No Equalisation Levy on online advertisement charges since the advertiser, targeted audience and advertising platform are outside India and the Indian remitter is merely acting as a conduit | Equalisation Levy @ 6 per cent |
| 09/17/2022 | India Tax Konnect - August 2022 | - |
| 09/17/2022 | CBDT releases additional guidelines to remove difficulties for deduction of tax under Section 194R | CBDT Circular 12 of 2022, dated 16 June 2022 |
| 09/12/2022 | CBIC issues guidelines on the filing of Form GST TRAN-1 and TRAN-2 | Union of India & Anr. v. Filco Trade Centre Pvt. Ltd. & Anr.[2022-VIL-38-SC and 2022-VIL-63-SC] |
| 09/08/2022 | Interest on income-tax refund received by a Dutch company is not taxable in India, beneficial treatment under the India-Italy tax treaty applied through MFN clause under the India-Netherlands tax treaty | Koninklijke Philips N.V.v DCIT (ITA Nos.437 to 441/Kol/2021)-Taxsutra.com |
| 08/24/2022 | New Overseas Investment framework under FEMA 1999 notified by Central Government and Reserve Bank of India | Notification No. G.S.R 646(E) dated 22 August 2022 |
| 08/22/2022 | Income-tax Rules amended to allow claim of foreign tax credit even with delayed filing of Form 67 | Rule 128 of the Rules |
| 08/09/2022 | Prescribed documentation and Forms for claiming Covid-19 related tax exemptions | Notification No. 90/2022/F. No. 370142/31/2022-TPL (Part-2);Notification No. 91/2022/F. No. 370142/31/2022-TPL (Part-2);Notification No. 92/2022/F. No. 370142/31/2022-TPL (Part-2);Notification No. 95/2021/F. No. 370142/36/2021-TPL dated 05 August 2022 |
| 08/05/2022 | India Tax Konnect - July 2022 | - |
| 08/05/2022 | CBIC issues clarification on services of agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act | CBIC Circular No. 178/10/2022-GST dated 3 August 2022 |
| 08/05/2022 | CBIC issues clarification on GST rate and exemptions on certain supplies | CBIC Circular No. 177/09/2022-GST dated 3 August 2022 and CBIC Circular No. 179/11/2022-GST dated 3 August 2022 |
| 07/25/2022 | Amendment to Section 14A relating to disallowance of expenditure when there is no exempt income is not retrospective in nature | Notwithstanding anything to the contrary contained in this Act |
| 07/22/2022 | High Court sets aside circular clarifying that GST is applicable on Annuity payment received for construction of road pursuant to 22nd GST Council decision | Ministry of Finance Circular No. 150/06/2021-GST, dated 17 June 2021 |
| 07/19/2022 | RBI announces measures to enhance source of forex funding for Indian financial markets | RBI Press Release on Liberalisation of Forex Flows (Revised) dated 6 July 2022 |
| 07/14/2022 | Indian insurance broker remitting ‘premium’ to overseas broker is not liable to deduct tax at source and it would not be considered as dependent agent PE | ITO (IT)-2(2)(2) v. International Reinsurance and Insurance Consultancy & Broking Services Pvt. Ltd (ITA No. 2823/Mum/2019) |
| 07/14/2022 | Timely filing of a declaration to opt out of a benefit of Section 10B is mandatory | PCIT v. Wipro Ltd (Civil Appeal No. 1449 of 2022) |
| 07/12/2022 | Section 56(2)(viib) is applicable to conversion of CCDs into equity shares | Milk Mantra Dairy Pvt. Ltd. v. DCIT (ITA No.413/Kol/2020)-Taxsutra.com |
| 07/08/2022 | Circulars to give effect to 47th GST Council decisions | CBIC Circular No. 170/02/2022-GST dated 6 July 2022 |
| 07/06/2022 | Notifications to give effect to 47th GST Council decisions | CBIC Notification No. 14/2022 - Central Tax dated 5 July 2022 |
| 07/06/2022 | Suppliers who supply goods at a concessional rate to companies involved in specified projects are entitled to refund under the inverted tax structure | Baker Hughes Asia Pacific Limited v. Union of India & Ors [2022-VIL-449-RAJ] |
| 07/05/2022 | India Tax Konnect - June 2022 | - |
| 07/05/2022 | CBDT issues notifications on the definition of virtual digital asset, prescribes list of excluded assets and defines non-fungible tokens | Section 2(47A)(a) |
| 07/01/2022 | Recommendations of the 47th GST Council | Ministry of Finance, Press Release dated 29 June 2022 |
| 06/29/2022 | Applicability of TDS provisions on reimbursement of salaries of seconded employees | Flipkart Internet Private Limited v. DCIT (Writ Petition No. 3619/2021, dated 21 June 2022) |
| 06/24/2022 | Interest income is not attributable to a PE in India under the India-Japan tax treaty | DCIT v. Marubeni Corporation, Japan (ITA No.: 10/Mum/2022) (Mum) |
| 06/23/2022 | CBDT releases guidelines to remove difficulties for deduction of tax at source on transfer of virtual digital asset | CBDT Circular 12 of 2022, dated 16 June 2022 |
| 06/17/2022 | Clarification by CBIC on procedure relating to sanction, post-audit and review of refund claims | CBIC Instruction No. 03/2022-GST, dated 14 June 2022 |
| 06/17/2022 | CBDT releases guidelines to remove difficulties for deduction of tax under Section 194R | CBDT Circular No. 13 of 2022, dated 22 June 2022 |
| 06/16/2022 | CBDT releases updated guidance on Mutual Agreement Procedure | - |
| 06/13/2022 | Offshore distribution commission income is not ‘reasonably attributable’ to India | DCIT v. Credit Suisse (Singapore) Ltd. (ITA no.6098/Mum./2019) |
| 06/09/2022 | India Tax Konnect - May 2022 | - |
| 06/02/2022 | Additional ground can be raised before the Tribunal to apply a lower rate of DDT under a tax treaty | GE BE Private Limited v. DCIT (IT (TP) A No. 2615/Bang/2019) |
| 05/28/2022 | Clarification by CBIC on voluntary deposit of tax during search, inspection or investigation | CBIC Instruction No. 01/2022-23 [GST – Investigation] dated 25 May 2022 |
| 05/27/2022 | Amendment to provisions treating assessee-in-default for non-deduction of tax on payment to a non-resident is retrospective in nature | Shree Balaji Concepts v. ITO (ITA No. 73/PAN/2018) |
| 05/26/2022 | The Delhi High Court deals with the nuances of the new reassessment regime | Divya Capital One Private Limited v. ACIT (W.P.(C) 7406/2022) |
| 05/25/2022 | Assessee liable to pay service tax on secondment of employee from overseas group companies | C.C.,C.E. & S.T. v. Northern Operating Systems Pvt Ltd. [2022-VIL-31-SC-ST] |
| 05/23/2022 | Indian importers not liable to pay IGST on ocean freight in CIF contracts – Supreme Court of India | Union of India & Anr. v. Mohit Minerals Pvt. Ltd Through Director [Civil Appeal No. 1390 of 2022] |
| 05/20/2022 | The Mumbai Tribunal’s decision on the applicability of the concept of ‘beneficial ownership’ to capital gains article under the India-Mauritius tax treaty | Blackstone FP Capital Partners Mauritius V Ltd v. DCIT (ITA Nos. 981 and 1725/Mum/2021) |
| 05/18/2022 | CBDT issues circular amending functionality of ‘Compliance check for Section 206AB & 206CCA’ | CBDT Circular No. 11/2021, dated 17 May 2022 |
| 05/13/2022 | Support services and reimbursement of training expenses are not taxable as FTS under the India-USA tax treaty | Russell Reynolds Associates Inc. v. DCIT (ITA No. 1165/Del/2019) |
| 05/13/2022 | CBDT instruction for the implementation of the Supreme Court’s decision on reassessment proceedings | CBDT Instruction No. 01/2022, dated 11 May 2022 |
| 05/10/2022 | Deduction of 1/3rd of total consideration towards the value of land is ultra-vires – Gujarat High Court
| Munjaal Manishbhai Bhatt v. UOI [2022-VIL-319-GUJ] |
| 05/10/2022 | Indian associate enterprise of a Singapore company does not constitute a PE in India | AB Sciex Pte Ltd v. ACIT (ITA No. 514/Del/2021) |
| 05/05/2022 | Notice issued after 1 April 2021 under the old reassessment regime shall be deemed to have been issued under the new reassessment regime - Supreme Court | UOI & Others v. Ashish Agarwal (Civil Appeal No. 3005/2022) |
| 05/04/2022 | India Tax Konnect - April 2022 | - |
| 05/03/2022 | CBDT notifies manner for filing updated return of income | CBDT Notification No. 48/2022, dated 29 April 2022 |
| 04/29/2022 | Reimbursement of salaries paid to seconded employees is not taxable as FTS | Toyota Boshoku Automotive India Pvt Ltd v. DCIT [2022] 138 taxmann.com 166 (Bang) |
| 04/22/2022 | Prescribed conditions for mandatory filing of return of income | CBDT Notification No. 37/2022/F. No. 370142/01/2020-TPL(Part 1) |
| 04/20/2022 | The reassessment notice e-mailed on the last date is valid since it has gone out of the tax authority's control | Malavika Enterprises v. CBDT [2022] 137 taxmann.com 398 (Mad) |
| 04/14/2022 | Sub-contracting charges paid to Chinese subsidiary are taxable as FTS | Infosys Limited v. DCIT [IT(IT)A No.4/Bang/2014] |
| 04/13/2022 | Supreme Court’s decision on the validity of assessment order issued in the name of amalgamating company post amalgamation | PCIT v. Mahagun Realtors (P) Ltd [2022] 137 taxmann.com 91 (SC) |
| 04/13/2022 | Australia agrees to amend its domestic tax law to stop taxation of offshore income of Indian firms providing technical services to Australian clients | Press Release dated 2 April 2022; Letter of Australian Govt. dated 2 April 2022; Letter of Indian Govt. dated 2 April 2022 – Taxsutra.com |
| 04/12/2022 | Computation of taxability of interest on excess contribution made by employee to their Provident Fund account | EPFO Circular No. WSU/6(1)2019/ Income Tax/Part-I (E-33306), dated 5 April 2022 |
| 04/08/2022 | CBDT notifies e-Dispute Resolution Scheme, 2022 | CBDT Notification No. 26 & 27/2022, dated 5 April 2022 |
| 04/08/2022 | Tax relief on income arising from foreign retirement funds | CBDT Rule 21AAA under the Income-tax Rules, 1962 (Rules) |
| 04/07/2022 | Subscription fees for CRM services are not taxable as royalty under the India-Singapore tax treaty | Salesforce.com Singapore Pte Ltd v. DDIT [2022] 137 taxmann.com 3 (Del) |
| 04/06/2022 | Payments made to Facebook towards banner advertisement are not taxable in India | Play Games 24X7 Private Limited v. DCIT (ITA No. 1533/MUM/2019) |
| 04/05/2022 | Indian distributor of a Mauritian sports channel company does not constitute a dependent agent PE in India | Taj TV Limited v. DCIT [2022] 194 ITD 547 (Mum) |
| 04/04/2022 | Additional ground with respect to DDT liability cannot be raised before the Income-tax Appellate Tribunal | JCIT v. Texas Instruments India Pvt Ltd (IT (TP) A No. 275/Bang/2019) |
| 04/04/2022 | The Bangalore ITAT decision on the applicability of TDS on year-end provisions | Biocon Ltd v. DCIT (ITA No.1248/Bang/2014) |
| 03/31/2022 | India Tax Konnect - March 2022 | - |
| 03/31/2022 | Maharashtra Legislature passes bill for settlement of pre-GST arrears | - |
| 03/29/2022 | Foreign tax credit is available in India on taxes deducted on commission income in Singapore | Dynamic Drilling & Services Pvt. Ltd. v. ACIT (ITA. Nos. 8154 AND 8155/Del/2019) |
| 03/28/2022 | Standard Operating Procedure for scrutiny of GST returns for FY 2017-18 and 2018-19 issued by CBIC | CBIC Instruction No. 02/2022-GST dated 22 March 2022, Ministry of Finance |
| 03/23/2022 | Reassessment notice issued by an e-mail after the expiration of the limitation period is time-barred | Daujee Abhushan Bhandar Pvt. Ltd v. UOI (Writ Tax No. 78 of 2022) |
| 03/21/2022 | Testing and certification related services are not taxable as FTS under the India-US tax treaty | ITO v. Star Rays [ITA No.725/SRT/2018 (AY 2015-16)] |
| 03/21/2022 | Ahead of the IPO, Government clears 20 per cent FDI in LIC under the Automatic Route and makes other changes to bring clarity to the FDI policy | GOI Press Note No. 1 (2022 Series) DPIIT File No 5(3)/2021-FDI Policy dated 14 March 2022 |
| 03/16/2022 | Japanese company’s Indian Joint Venture company does not constitute a fixed place or a supervisory PE in India | FCC Co. Ltd. v. ACIT [2022] 136 taxmann.com 137 (Del) |
| 03/15/2022 | A foreign holding company is not required to deduct tax at source since the shares were purchased by its wholly owned subsidiary company | Ingram Micro Inc. v. ITO (ITA.No.160/2022) |
| 03/08/2022 | Loss on account of permanent diminution in the value of an investment in US subsidiary company is allowed as business expenditure | PCIT v. Vaibhav Global Ltd. (ITA No. 53/2021) |
| 02/28/2022 | India Tax Konnect - February 2022 | - |
| 02/24/2022 | Business support services are not taxable as FTS in view of the MFN clause under the India-Belgium tax | Magotteaux International SA v. DCIT (ITA No. 1358/DEL/2015) |
| 02/23/2022 | Freebies given by pharmaceutical companies to medical practitioners are not allowed as business expenditure – Supreme Court | Apex Laboratories Pvt. Ltd. v. DCIT [2022] 135 taxmann.com 286 (SC) |
| 02/18/2022 | Revision petition before CIT is maintainable for claims which are not made in the original or revised tax returns and where assessment is completed | Hapag Lloyd India Private Limited v. PCIT (writ Petition No. 2322 of 2021) |
| 02/16/2022 | Consideration paid exceeding net assets of the amalgamating company is goodwill, eligible for depreciation | Altimetrik India Pvt. Ltd. v. DCIT [IT(TP)A No. 2511/Bang/2019] |
| 02/16/2022 | Remedial hearing would have to be granted to the person affected by blocking of electronic credit ledger – Bombay High Court | Dee Vee Projects Ltd vs The Government of Maharashtra and 3 Ors [2022-VIL-113-BOM] |
| 02/16/2022 | No separate notification is required to avail the benefit of 'Most Favoured Nation’ clause | GRI Renewable Industries S.L v. ACIT (ITA No. 202/Pun/2021) |
| 02/10/2022 | Since interest on income-tax refund is not effectively connected with a PE, it is taxable at a concessional rate as per the interest article under the India-USA tax treaty | Transocean Offshore International Ventures Ltd. v. DCIT (ITA No. 5895/DEL/2017) |
| 02/09/2022 | TDS on cloud service related payment is restricted to 8 per cent, since 2 per cent EL was paid | Google Asia Pacific Pte Ltd v. CIT (W.P.(C) 215/2022) |
| 02/07/2022 | CBDT issues clarification on applicability of MFN clause in certain tax treaties | CBDT Circular No.3/2022, dated 3 February 2022 |
| 02/07/2022 | Public consultation document on Pillar One: Draft model rules for nexus and revenue sourcing | OECD Public Consultation dated 4 February 2022 |
| 01/31/2022 | SEBI (ICDR) (Amendment) Regulations, 2022 | - |
| 01/20/2022 | Computation of capital gains on amounts received under a unit-linked insurance policy | CBDT Notification No. 8/2022/F. No. 370142/61/2021-TPL, dated 18 January 2022 |
| 01/19/2022 | Allocation of salary cost to Branch Offices liable to GST – Maharashtra AAAR | Cummins India Limited [2022-VIL-03-AAAR] |
| 01/13/2022 | Goodwill recognised due to revaluation of debtors and inventory post slump sale is not eligible for depreciation | Middleby Celfrost Innovations Pvt. Ltd. v. DCIT (I.T.A. Nos.953 to 955/Bang/2019) |
| 01/12/2022 | The claim of Foreign Tax Credit allowed even in case of delay in filing of Form No. 67 as such filing is not mandatory but a directory requirement | Brinda RamaKrishna v. The Income Tax Officer [2022] 135 taxmann.com 358 (Bang) |
| 01/12/2022 | CBDT further extends timelines for filing of Income-tax returns and audit reports for the Assessment Year 2021-22 | CBDT Circular No. 01/2022, dated 11 January 2022 |
| 01/10/2022 | CBIC instruction regarding assessment of ‘automobile parts’ under Customs Tariff | CBIC Instruction No. 01/2022-Customs dated 5 January 2022, CBIC, Ministry of Finance |
| 01/07/2022 | Marketing services rendered by a foreign company for Indian company’s business outside India are not taxable as FTS | Orkla Asia Pacific Pte. Ltd. v. DCIT (ITA No.193/Bang/2019) |
| 01/06/2022 | Revisionary proceedings initiated by the CIT against the final assessment order passed by the tax officer pursuant to DRP’s direction is invalid | Barclays Bank PLC v. CIT (ITA No. 827/Mum/2021) |
| 01/05/2022 | Vouchers traded by the Appellant are goods and not actionable claims – Karnataka AAAR
| Premier Sales Promotion Pvt Ltd [2021-VIL-74-AAAR] |
| 01/05/2022 | CBDT notifies new Faceless Appeal Scheme 2021 | CBDT Notification No. 139/2021, dated 28 December 2021 |
