Introduction In tax adjudication, adherence to timelines and procedural requirements is crucial. However, when genuine circumstances such as serious illness prevent compliance, courts have consistently emphasized the importance of natural justice over rigid procedural formalities. The Orissa High Court, in its judgment …
Introduction The Delhi High Court directed the tax department to process refund claims of excess Input Tax Credit (ITC) arising out of the inverted duty structure within a strict timeline of three weeks. The ruling came in response to the petitioner’s grievance that their …
The Indian Income-tax Act, 1961, not only levies tax on income but also provides relief to taxpayers by allowing the set-off and carry forward of losses. These provisions ensure that taxpayers are taxed only on their net income after adjusting eligible losses. The …
Introduction The issue of refunding unutilised Input Tax Credit (ITC) under the inverted duty structure has long been contentious under GST. A key dispute arose around the July 2022 amendment to Rule 89(5), which corrected the refund formula to include both inputs and input …
Introduction The Goods and Services Tax (GST) regime in India has undergone its most significant transformation since its launch in 2017. In the 56th GST Council meeting held on September 3, 2025, the government unveiled a historic reform package aimed at …
The 56th GST Council meeting has brought some welcome news for small businesses and entrepreneurs. In its bid to make the Goods and Services Tax (GST) regime more business-friendly, the Council has put forward key recommendations aimed at easing the …
Introduction The 56th meeting of the Goods and Services Tax (GST) Council, held on 3–4 September 2025 under the chairpersonship of Union Finance Minister Nirmala Sitharaman, marked one of the most significant overhauls of India’s indirect tax regime since its …
Introduction The Gauhati High Court in its judgment dated 13 August 2025 in Naser Ali Mondal v. State of Assam & Ors. examined the legality of tax recovery proceedings initiated under the CGST Act without the issuance of a proper Show Cause Notice (SCN) under …
Introduction A tariff is a tax imposed by an importing country on goods that enter its borders. When the United States increases tariffs on Indian products, it is not just a matter of government revenue but also a question of …
Introduction It is common for individuals to lend money to friends, relatives, or acquaintances in good faith without executing any formal agreement or written acknowledgment. However, problems arise when the borrower refuses to repay, and the lender finds himself without …
The processing of income tax refunds for Assessment Year (AY) 2025-26 has seen noticeable delays compared to previous years. While refunds are usually credited within a few weeks of e-verification, several systemic, procedural, and compliance-related factors have slowed down the …
In a landmark ruling dated August 26, 2025, the Supreme Court of India in Dogiparthi Venkata Satish and Anr. v. Pilla Durga Prasad & Ors. clarified the legal position of sole proprietorship firms under Indian law. The Court held that a proprietorship is not a juristic person and therefore cannot …
Introduction The Allahabad High Court has recently delivered a significant ruling clarifying the procedural framework in cheque bounce cases under the Negotiable Instruments Act, 1881. The Court held that registration of FIRs and filing of police charge-sheets in such disputes …
Key Highlights of the CBDT Instruction 1. What Changed? The CBDT has amended its own instruction (originally issued on March 15, 2022) to align with the statutory changes made by the Finance (No. 2) Act, 2024. The update specifies that prosecution under Sections 49 and/or …
The Chhattisgarh High Court recently affirmed the order of the Income Tax Appellate Tribunal (ITAT) granting registration under Section 12AA of the Income-tax Act, 1961 to a trust created for the benefit of pharmaceutical dealers. The ruling underscores that at the stage …
The Andhra Pradesh High Court, in a landmark judgment dated 20th August 2025 in the case of JPR Projects vs. The State of Andhra Pradesh, has provided much-needed clarity for taxpayers under the Goods and Services Tax (GST) framework. The ruling deals with …
On 7 August 2025, the Calcutta High Court delivered an important ruling on the issue of levy of penalty under the Goods and Services Tax (GST) regime. The Court held that penalty cannot be imposed on the assessee merely on …
The Supreme Court, in its judgment dated 28 August 2025, delivered a significant ruling in the field of tax prosecutions by quashing criminal proceedings initiated by the Income Tax Department against an assessee under Section 276C(1) of the Income Tax Act, …
The Bombay High Court in Gateway Terminals India Pvt. Ltd. v. DCIT & Ors. (26 August 2025) has delivered a significant ruling on the scope of deductions under Section 80-IA of the Income-tax Act, 1961. The issue before the Court was whether interest …
Introduction The Andhra Pradesh High Court, in its decision dated 14 August 2025, held that refund claims filed beyond the prescribed limitation period under the GST regime are to be entertained in certain circumstances, especially where such delay is attributable …