Karnataka High Court: MSME Registration Alone Does Not Bar SARFAESI Proceedings; Borrower Must Participate in Revival Process

Karnataka High Court rules that MSME registration alone cannot stop SARFAESI recovery. Borrowers must actively participate in the MSME revival process and establish genuine business viability. The Karnataka High Court has clarified that merely holding an MSME registration does not …

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Bombay High Court Condones 30-Day Delay in Filing Form 10B by Charitable Trust, Grants Relief Despite Pending CBDT Application

Bombay High Court condones 30-day delay in filing Form 10B by a charitable trust, protecting Section 11 tax exemption despite pending CBDT application. The Bombay High Court has granted significant relief to a charitable trust by condoning a 30-day delay …

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Mere Processing of Loan Proposals Cannot Establish Criminal Conspiracy Without Mens Rea: Telangana High Court

Telangana High Court rules that merely processing loan proposals cannot establish criminal conspiracy against a bank officer without proof of knowledge, mens rea or conscious participation in the alleged fraud. The Telangana High Court has reaffirmed an important principle of …

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GSTAT Ernakulam: ITC Refund Cannot Be Denied by Questioning ITC Eligibility Without Section 73/74 Proceedings

GSTAT Ernakulam rules that GST refund cannot be denied by questioning ITC eligibility without proper proceedings under Sections 73/74, reinforcing natural justice. Introduction In an important ruling concerning GST refund of unutilised Input Tax Credit (ITC), the Ernakulam Bench of …

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Delhi High Court: AO Cannot Demand ‘Negative Evidence’ of No Appeal for Immunity from Penalty Under Section 270AA

Delhi High Court rules that an AO cannot demand negative evidence to prove no appeal was filed for Section 270AA penalty immunity, directing fair reconsideration of the taxpayer’s application. The Delhi High Court has clarified an important procedural aspect concerning …

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Income-tax (Fifth Amendment) Rules, 2026: New TDS Compliance Framework for Property Transfers Involving Non-Residents

The CBDT’s Income-tax (Fifth Amendment) Rules, 2026 introduce key TDS compliance and reporting changes for immovable property transactions involving non-residents, effective from 1 October 2026. The Central Board of Direct Taxes (CBDT) has notified the Income-tax (Fifth Amendment) Rules, 2026 through Notification …

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Calcutta High Court Upholds ITAT Relief in ₹85.13 Crore Bogus Purchases Case: Different View by AO Not Enough for Section 260A Interference

Calcutta High Court upholds ITAT relief in ₹85.13 crore bogus purchases case, holding that a different view by AO or CIT(A) is not enough for interference under Section 260A. The Calcutta High Court has upheld the Income Tax Appellate Tribunal’s …

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Karnataka High Court: Section 143(1) Intimation Without Adjustment Cannot Be Revised Under Section 263

Karnataka High Court holds that a Section 143(1) intimation issued without adjustment cannot be revised under Section 263, clarifying the limits of revisionary jurisdiction. The Karnataka High Court has clarified an important issue concerning the scope of revisionary powers under Section …

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Can GST Authorities Force a Taxpayer to Pay Alleged Liability During a Search? Gauhati High Court Says No Coercive Steps

The power of GST authorities to conduct search and investigation is an important enforcement mechanism under the Goods and Services Tax law. However, the exercise of such powers is required to remain within the statutory framework and prescribed departmental guidelines. …

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CBDT Circulars Are Not Binding on Courts: Supreme Court Clarifies Scope of Executive Instructions

The Supreme Court has reiterated an important principle of income tax law: CBDT circulars and administrative instructions may bind tax authorities, but they do not bind constitutional courts while interpreting the Income Tax Act. In Orient Crafts Limited v. Commissioner of Income …

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Delhi High Court Upholds GST Circular Allowing Common Adjudication of Composite SCNs Based on Highest Demand

The Delhi High Court has upheld the validity of the GST mechanism that permits common adjudication of composite Show Cause Notices (SCNs) involving multiple noticees falling under different jurisdictions. The Court has also upheld the criterion under which the officer having jurisdiction …

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