Direct Tax

Reassessment notice not served if it was issued on secondary email if primary email was duly available before AO.

Lok Developers Registered Partnership Firm v. DCIT – [2023] 149 taxmann.com 93 (Bombay).

Section 45 – Where assessees under an agreement agreed to sell their shares and received substantial part of consideration between 18-6-2007 and 16-10-2007 as advance sales consideration towards sale of shares, since share certificates were not delivered to transferees during previous year relevant to AY 2008-09, assessee could not be subjected to capital gains tax in AY 2008-09.

PCIT v. Smt. Poornima Shailendra Babu – [2023] 149 taxmann.com 50 (Karnataka).

Section 6 – Test of residence of company u/s 6(3) is where the sole right to manage and control of the company lies, not its domicile or place of registration.

Mansarovar Commercial (P.) Ltd. v. CIT – [2023] 149 taxmann.com 178 (SC).

No deduction is admissible u/s 80-IB on the profits earned from DEPB/Drawback Schemes.

Saraf Exports v. CIT – [2023] 149 taxmann.com 145 (SC).

CBDT notifies ‘348’ as Cost Inflation Index (provisional) for FY 2023-24.

Notification 21/2023, dated 10-4-2023.

Section 271C penalty cannot be imposed for belated or non-payment of TDS.

M/s US Technologies International Pvt. Ltd. v. CIT – [2023] 149 taxmann.com 144 (SC).