Delhi High Court Says Admissibility of Electronic Evidence in GST Dispute Must Be Examined by Appellate Authority

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 …

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Different Inks on Cheque Do Not Make It Invalid, Says Kerala High Court: Presumptions Under Sections 118 & 139 NI Act Explained

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 …

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CA Certifying False Returns Can Face Prosecution If Active Complicity and Mens Rea Are Established: Calcutta High Court

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 …

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Madras High Court Strengthens GST Search Safeguards: DIN Mandatory, Coercive Tax Recovery Prohibited

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 …

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Effect of Part Payments on Dishonoured Cheques Must Be Decided During Trial, Not at Summoning Stage: Delhi High Court

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 …

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Mere Presumption of Deputed Employees Cannot Establish Permanent Establishment in India: ITAT Delhi

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 …

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ITAT Mumbai Quashes PCIT’s Section 263 Revision: Revisional Powers Cannot Be Invoked When Core Issue Is Already Pending in Appeal

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 …

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Gujarat High Court Reaffirms That Trade Associations Can Be Registered as Charitable Institutions Under the Income Tax Act

In a significant ruling that provides much-needed clarity on the charitable status of trade associations, the Gujarat High Court has held that organizations established to promote trade and commerce can qualify as charitable institutions under the Income Tax Act, 1961. …

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