The Kerala High Court has declined to quash a cheque dishonour complaint merely because the authorised representative’s name was placed before the name of the complainant society in the cause title. The Court held that such an objection is essentially technical …
The Supreme Court has held that an assessee cannot use a revision petition under Section 264 of the Income Tax Act, 1961, as an alternative route to make changes to a self-assessment return after the statutory period for filing a revised …
The Delhi High Court has declined to interfere with a writ petition challenging the constitutional validity of Section 67(6) of the Central Goods and Services Tax (CGST) Act, 2017, which provides the mechanism for provisional release of goods seized during GST …
The Income Tax Appellate Tribunal (ITAT), Agra Bench, has deleted a substantial addition of ₹2,40,29,635 under Section 68 of the Income Tax Act, 1961, relating to cash deposits made during the demonetisation period by a firm engaged in the trading and …
The Delhi High Court has declined to interfere with a GST demand exceeding ₹1.5 crore, holding that disputes concerning the admissibility, authenticity, chain of custody and evidentiary value of electronic records should ordinarily be examined by the statutory appellate authority rather than …
The Delhi High Court has sought a response from the Union Government and the Central Board of Direct Taxes (CBDT) on a Public Interest Litigation (PIL) seeking an automatic mechanism for refund of Tax Deducted at Source (TDS) to individuals …
The Kerala High Court has clarified that a cheque does not become invalid merely because its signature, date, amount or other particulars have been written using different inks. The Court observed that there is no legal requirement under the Negotiable …
The Calcutta High Court has clarified that an independent Chartered Accountant (CA) who certifies a false statutory return or e-form cannot claim automatic immunity from criminal prosecution merely because the professional is not an executive officer of the company. However, the Court …
ITAT Chennai has deleted a ₹76.45 lakh addition made under Section 69 read with Section 115BBE of the Income-tax Act, holding that cash deposits cannot be treated as unexplained merely because there was a substantial time gap between the original …
The Allahabad High Court, Lucknow Bench, has held that a real estate developer is liable to pay interest to a homebuyer for delayed possession at the same rate of interest that the developer could have charged the allottee for default …
The Madras High Court has strengthened the procedural safeguards governing GST inspection, search and seizure proceedings, holding that tax authorities cannot use search proceedings as a mechanism to recover tax from taxpayers. The Court also emphasised strict compliance with the Document Identification …
In a significant ruling clarifying the scope of proceedings under the Negotiable Instruments Act, 1881, the Delhi High Court has held that the effect of admitted part payments made before the presentation of dishonoured cheques cannot be conclusively determined while deciding a revision …
In a significant ruling protecting taxpayers’ rights during GST enforcement proceedings, the Madurai Bench of the Madras High Court has held that the Goods and Services Tax (GST) Department cannot continue to retain documents or records seized during a search …
In a significant ruling on international taxation, the Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that a Permanent Establishment (PE) in India cannot be inferred merely on assumptions that employees of a foreign parent company were rendering services for another …
In a significant ruling reinforcing the limits of the Principal Commissioner of Income Tax’s (PCIT) revisional jurisdiction under Section 263 of the Income Tax Act, 1961, the Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that the PCIT …
The Supreme Court has once again reinforced the legal position governing cheque dishonour cases under the Negotiable Instruments Act, 1881, holding that a mere denial of liability by an accused is insufficient to rebut the statutory presumptions available in favour …
The National Consumer Disputes Redressal Commission (NCDRC) has once again clarified the law relating to the filing of written statements by opposite parties in consumer disputes. In a significant decision, the Commission held that while an opposite party must ordinarily …
In a significant judgment reinforcing the principle that GST enforcement should target tax evasion rather than genuine procedural lapses, the Andhra Pradesh High Court has ruled that goods cannot be detained merely because an e-way bill expired due to an unavoidable vehicle …
In a significant ruling reinforcing the principles of natural justice, the Gujarat High Court has held that providing a taxpayer with only three days to respond to an Income Tax Show Cause Notice (SCN) is not a reasonable opportunity of hearing. The …
In a significant judgment strengthening the rights of genuine taxpayers, the Tripura High Court has ruled that Input Tax Credit (ITC) cannot be denied merely because invoices were mistakenly reported under an incorrect GST Identification Number (GSTIN), provided there is no …