Direct Tax Finance

CBDT’s guidelines for compounding offences cannot restrict AO’s powers to consider application on its own merit.

Footcandles Films (P.) Ltd. v. Income-tax Officer – [2023] 146 taxmann.com 304 (Bombay).

Section 158BFA – Assessee who is a person other than searched person is liable to pay interest u/s 158BFA(1) on late filing of return u/s 158BC even in absence of notice u/s 158BC.

K. L. Swamy v. Commissioner of Income-tax – [2023] 146 taxmann.com 268 (SC).

SC ends discrimination against Sikkimese woman marrying a non-Sikkimese, struck down proviso to section 10(26AAA).

Association of Old Settlers of Sikkim v. Union of India – [2023] 146 taxmann.com 271 (SC).

Writ Petition against reassessment notice issued under new provisions cannot be simply dismissed by HC on grounds of alternate remedy.

Red chilli International Sales v. Income-tax Officer – [2023] 146 taxmann.com 224 (SC).

Revenue cannot retain TDS; credit is to be given either to deductee or person in whose hand income is assessable.

Hampi Expressways (P.) Ltd. v. DCIT – [2023] 146 taxmann.com 24 (Mumbai – Trib.).

Section 37(1) – Advertisement and marketing expenditure – SLP dismissed against order of HC that where AO in original assessment was aware of issue of expenses incurred on advertisement and marketing by assessee and assessee had filed all requisite details as called for by AO, he could not reopen assessment based on very same material to take another view that said expenditure were not deductible in view of Explanation 1 of section 37(1).

Income-tax Officer v. Rich Feel Health & Beauty (P.) Ltd. – [2022] 145 taxmann.com 644 (SC).