Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights February 2025 Year 2025 This

HC quashed reassessment notice under s.148 concerning lease ...


Reassessment Notice Under Section 148 Quashed: Lease Payments, Foreign Currency, and Goodwill Depreciation Claims Valid

February 14, 2025

Case Laws     Income Tax     HC

HC quashed reassessment notice under s.148 concerning lease payments, foreign currency transactions, and goodwill depreciation. Court found no valid grounds for reopening as lease transactions were consistently accepted since 2012-13, foreign currency claims were properly explained with unrealized gains/losses appropriately reflected in income computation, and goodwill depreciation claim was valid as s.43(6)(c) amendment denying such depreciation became effective only from 01.04.2021. AO's attempt to reopen assessment demonstrated mere change of opinion without fresh tangible material, failing to establish income escapement. Court held AO lacked jurisdiction to reopen assessment, ruling in assessee's favor.

View Source

 


 

You may also like:

  1. Foreign Exchange Management (Foreign Currency Accounts by a person resident in India) (Amendment) Regulations, 2019

  2. DRI busted Foreign Currency Smuggling Racket involving Foreign Nationals; Foreign Currencies worth ₹ 6.14 crore seized

  3. Foreign Exchange Management (Foreign Currency Accounts by a person resident in India) Regulations, 2015 - Opening of Foreign Currency Accounts by Re-insurance and...

  4. ITAT upheld CIT(A)'s decision allowing deduction of Finance Lease Rental Payments under section 37(1) as revenue expenditure. Revenue's appeal challenging depreciation...

  5. The RBI amended the Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt Instruments) Regulations, 2019, revising provisions related to mode of payment...

  6. Treatment to Forex loss incurred by the assessee on account of derivative transactions as speculative transactions - When the assessee enters into a hedging transaction...

  7. The appellant's premises were searched, leading to the seizure of substantial amounts of foreign currencies and Indian currency. The appellant initially claimed the...

  8. HC found procedural deficiencies in handling refund claims where foreign currency receipts lacked proper documentation through e-BRC filings. Despite timing...

  9. Confiscation of the currency seized - validity of order for release on payment of redemption fine - The High court found that the seizure and confiscation of foreign...

  10. Complaint case and summoning order quashed. Petitioner not considered beneficial owner of foreign currency. Decision by tribunal exonerating petitioner based on merits,...

  11. The Appellate Tribunal held that the term "One Time Upfront Amount" (referred to as premium, salami, cost, price, development charges, etc.) relates to a one-time...

  12. Rate of exchange of one unit of foreign currency equivalent to Indian rupees - Notification

  13. Foreign Exchange Management (Export and import of Currency) (Amendment) Regulations, 2019

  14. Exchange Rate of Foreign Currency Relating to Imported and Export Goods Notified

  15. Rate of exchange of conversion of the foreign currency with effect from 22th September, 2017 - Notification

 

Quick Updates:Latest Updates