Direct Tax

Director holding no share in a company cannot be treated as AE merely because he is described as ‘Key Managerial person’.

DCIT v. Reliance Industrial Holdings (P.) Ltd. – [2022] 144 taxmann.com 180 (Mumbai-Trib.).

Benefit of LTA is not avoidable if employees undertake domestic travel with a foreign leg.

State Bank of India v. ACIT – [2022[ 144 taxmann.com 131 (SC).

Section 35 – Where assessee had made an application for certification of R&D expenditure incurred by it in respect of all its R&D units and application was accompanied by auditors report, DSIR was statutorily bound to issue Form 3CL within 120 days in accordance with rule 6(7A)(ba), certifying expenditure incurred by assessee on its in-house R&D units.

SRF Limited v. Union of India – [2022] 143 taxmann.com 332 (Delhi).

CBDT releases Explanatory notes to provisions of the Finance Act, 2022.

Circular No. 23/2022, dated 03-11-2022.

Creditor has priority over Income Tax Department if lien was created by assessee in favour of such creditor.

IFCI Factors Ltd. v. Bank of India – [2022] 143 taxmann.com 313 (Delhi).

HC applies ‘lifting of corporate veil’ to deny exemption to trust collecting capitation fees as donations.

CIT v. MAC Public Charitable Trust – [2022] 144 taxmann.com 54 (Madras).