Insights & Resources

In a notable decision, the Karnataka High Court affirmed that the DCF method, when used in compliance with Rule 11UA(2), cannot be disregarded without a reasoned and case-specific analysis. The ruling reinforces that Revenue authorities must exercise subjective satisfaction, backed by substantive evidence, before invoking Section 56(2)(viib) to tax share premiums.

In a decisive ruling, the ITAT Mumbai held that a BMA assessment cannot be sustained without a valid notice under section 10(1), reinforcing that procedural compliance is not a mere formality but a jurisdictional precondition. The case underscores the interplay between notice issuance, deemed acquisition under section 72(c), and the consequences of retrospective taxation under the Black Money regime.

Delhi HC clarifies that cash violations under Section 269ST don't void contracts; unjust enrichment cannot override contractual claims.

SC clarifies whether royalty on minerals is a tax or a fee, reaffirming state powers in a landmark ruling with retrospective effect.

Special Bench of ITAT rules in favour of Mashreq Bank, allowing full PE expense deductions under pre-2008 India–UAE tax treaty.

The Delhi High Court clarifies reassessment timelines, approvals, and JAO powers under the faceless regime post Finance Act, 2021.

SC rules that statutory amendments apply prospectively and cannot extinguish vested tax exemptions granted under unamended law.

In a landmark ruling, the Madras High Court quashed the provisional attachment of bank accounts in Kesar Jewellers v. ADG, holding that such drastic powers under Section 83 of the CGST Act require demonstrable necessity and tangible material. The judgment reaffirms that procedural fairness and reasoned decision-making cannot be overridden by technical formalities or digital platform constraints.

In a significant ruling, the Kerala High Court held that writ petitions challenging show cause notices under Section 74 of the CGST Act are not maintainable. The Court clarified that piecemeal adjudication of tax disputes is impermissible under the GST framework and upheld the requirement for a composite final order, reinforcing the boundaries of judicial interference at the pre-adjudication stage.

Karnataka HC holds that GST recoveries made under coercion during probe cannot qualify as self-ascertained payments under Section 74(5).

ITAT rules that TCS credit on a minor’s income, clubbed under Section 64(1A), must be granted to the parent, even before 01.01.2025.

Kerala HC holds GST officers cannot seize cash unless it’s stock-in-trade, reaffirming constitutional limits on tax enforcement powers.

Madras HC quashes Section 153C assessments, holding absence of separate satisfaction note renders the proceedings void ab initio.

SC upholds HC’s ruling that s. 153C reassessments must be backed by specific incriminating material for each assessment year.

CBIC orders GST officers to drop appeals over Section 73 interest and penalty if tax is paid, clarifying relief under Section 128A.

The Bombay High Court in Jitendra M. Doshi v. CCIT reaffirmed that a waiver of interest under Section 220(2A) of the Income-tax Act requires strict compliance with all three statutory conditions. The Court rejected the petitioner’s claim of financial hardship, citing lack of documentary evidence, inconsistent conduct, and non-cooperation. The judgment underscores the evidentiary threshold and taxpayer accountability under this discretionary relief provision.

Delhi HC quashes reassessment of a non-resident entity, affirming that tax authorities must rely on specific, relevant, and timely evidence.

CBDT clarifies the application of the Principal Purpose Test (PPT) under India's tax treaties to prevent treaty abuse and ensure compliance.

This write-up analyses the Delhi High Court's ruling in Rohit Kumar v. ITO, which invalidated a reassessment under the Income-tax Act due to procedural non-compliance post-Finance Act, 2021. The judgment affirms the binding nature of Sections 148A and 151, reiterating that digital signature dates determine notice validity and reassessment thresholds must be adhered to strictly.

Introduction   In CGST v. Yogesh Gupta [i] , the Court of the Ld. Additional Chief Judicial Magistrate, Gurugram (‘ Ld. Court ’) examined...