Case Laws
Income Tax
The DTBA regularly reviews and discusses significant income tax case laws that shape the interpretation of tax statutes and procedural matters. These judicial precedents, delivered by the Income Tax Appellate Tribunal, High Courts, and the Supreme Court, provide clarity on complex issues such as deductions, exemptions, reassessment, and penalty provisions. Analyzing these rulings helps tax professionals stay updated with evolving legal positions and align their advisory accordingly. DTBA aims to disseminate critical case law summaries to its members through meetings, newsletters, and seminars.
International Taxation
The DTBA actively analyzes key case laws in the area of international taxation to help members navigate complex cross-border tax issues. These include rulings on Permanent Establishment (PE), treaty interpretation, transfer pricing adjustments, and taxability of foreign income. Landmark decisions from Indian courts and international tribunals play a crucial role in shaping compliance strategies for multinational entities. DTBA emphasizes the importance of understanding Double Taxation Avoidance Agreements (DTAAs) and OECD guidelines in light of judicial pronouncements. Regular updates are shared through seminars, newsletters, and expert sessions to keep professionals informed.
Black Money Act
DTBA closely monitors judicial developments under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. The Act targets undisclosed foreign assets and income, imposing strict penalties and prosecution. Key case laws have clarified the retrospective scope of the Act, burden of proof, procedural safeguards, and whether foreign bank accounts and properties must be declared. Courts have also examined the interplay between the Black Money Act and the Income Tax Act, especially in cases involving non-resident Indians and overseas investments.
Benami Property Transactions Act
The DTBA reviews important case laws under the Prohibition of Benami Property Transactions Act, which aims to curb transactions made in fictitious names to conceal beneficial ownership. Key judicial decisions have clarified the definitions of benami transactions, beneficial owners, and exceptions involving family arrangements and fiduciary relationships. Courts have also addressed the retrospective applicability of the amended Act (2016) and the scope of confiscation powers. DTBA emphasizes understanding these rulings to advise clients on real estate ownership, property disclosures, and litigation risks. The association organizes legal discussions and circulates updates to help professionals stay informed on the evolving judicial interpretations