News Update

Gadkari faints during campaign; Heat takes toll on his healthSARFAESI Act - Award of interest on auction money at rate applicable to fixed deposits is not a correct view and rate of interest deserves to be enhanced: SC (See 'TIOLCorplaws')ST - Chit Funds - Tax was not paid under mistake of law but upon demand by tax authorities - Refund not having been filed within time was rightly rejected: HCSC asks EC to submit more info on reliability of EVMsGST - Without considering reply on merits, proper officer has held that reply is unsatisfactory and, therefore, he is left with no alternative but to create demand - Order set aside: HCGST - Cancellation of registration retrospectively - Show Cause Notice and the impugned order are bereft of any details, accordingly the same cannot be sustained: HCGST - Registration could not have been cancelled retrospectively for the period for which returns were filed and taxpayer was compliant: HCGST - Notfn 11/2017-CTR amended by 03/2022 - Work contracts executed before 18 July 2022 - Petitioners should file refund claims before respondent agitating grievance and same be examined and orders passed within 4 months: HCItaly imposes USD 10 mn fine on Amazon for unfair business practicesGST - Entire tax liability has been realised by appropriating the amount from the petitioner's bank account, therefore, Revenue interest stands fully secured - Since tax proposal was confirmed without participation of petitioner, order set aside and matter remanded: HCCaste Census is my mission, says RahulRight to Sleep - A Legal lullabyUS warns Pak of punitive sanctions against trade deal with IranI-T- Income surrendered before approaching Settlement Commission not covered u/s 115BBE, where this provision did not exist during relevant AYs: HCChinese companies decry anti-subsidy probe by EUI-T- Entire interest expenditure is allowable as deduction if loan funds is not diverted for non-income earning activities/personal purposes : ITATUK to send military aid package worth USD 619 mn to UkraineUS regulator bans non-compete agreements by employeesAir India, Nippon Airways join hands for travel between India and JapanSC grills Baba Ramdev & Balkrishna in misleading ad case
 
A lucid compilation of case laws in favour of Revenue

Departmental

Case Laws In Favour of Department 2nd Edition
Authored by Mr. Shaji P. Jacob
Published by Directorate of Income Tax (Public Relations, Printing, Publications & official Language)
No of Pages: 942
Price: Nil- For Departmental use only

THERE is no dearth of voluminous commentaries, treatise on the subject of income tax laws, including both from private publishers and learned authors from the Department. But the utmost need of a concise and comprehensive compilation of cases/rulings in favour of the Revenue, was always felt and can hardly be over emphasized. Mr. Jacob, Additional Commissioner of Income Tax, Chennai Circle who authored the first edition of the book in 2009, has again undertaken the painstaking exercise of tracking and collating all latest case laws favouring the Department and has come out with the second edition. This goes without saying that the book demonstrates a consistent initiative of the author in effectively presenting comprehensive and consolidated knowledge of case laws in favour of the Department, which would definitely prove to be a boon in the hands of adjudicating authorities, Departmental Representatives, etc,.

The book opens with discussion on topics like fundamental tools of interpretation of statues, instances of lifting of corporate veil in sham transactions, procedural lapses, principle of natural justice, etc., which provide readers an extesnive overview of fiscal jurisprudence, evolved through a series of landmark precedents. Thereafter, the author has comprehensively addressed each individual head of income divided into broad 13 Chapters.

Each Chapter contains further sub heads under which comprehensive number of case laws have been listed, in concise paragraphs containing narration of ratio of judgments/orders delivered by Courts/Tribunals along with their respective citations. The striking brevity and intelligent presentation of case laws enable readers to locate relevant cases even amongst such extensive numbers, is definitely one of the most appealing features of the book. Chapter 5 – Deductions and Exemptions covers a plethora of case laws and ensures that no important case law on the subject has been left out. Chapter 10 – International Taxation Issues also extensively covers in the light of its growing importance, all latest case laws on the issues of permanent establishment, Double Taxation Avoidance Agreements, transfer pricing, etc,.

While the book is only for Departmental use, but being a compilation of case laws favouring the taxman, this would immensely generate interest amongst concerned section of readers across the industry, for a better understanding of positions held by Courts/Tribunals in their respective cases. The author has also referred at various places citations of TIOL, a welcome gesture highly appreciated by the team at TIOL.


POST YOUR COMMENTS
   

TIOL Tube Latest

Shri N K Singh, recipient of TIOL FISCAL HERITAGE AWARD 2023, delivering his acceptance speech at Fiscal Awards event held on April 6, 2024 at Taj Mahal Hotel, New Delhi.


Shri Ram Nath Kovind, Hon'ble 14th President of India, addressing the gathering at TIOL Special Awards event.