Temporary Lull Doesn’t Mean Business Closure: Supreme Court Upholds Continuity for Non-Resident Companies

In a significant ruling dated October 18, 2025, the Supreme Court of India clarified an important aspect of business taxation for non-resident entities. The Court held that a temporary lull or break in business activity does not amount to cessation of business in India. As …

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No Prosecution Without Wilful Evasion: Madras High Court Protects Taxpayers from Criminal Action Over Delayed Payments

In a landmark decision dated 18 October 2025, the Madras High Court reaffirmed that prosecution under the Income-tax Act cannot be initiated for mere delay in payment of tax unless the prosecution is supported by cogent evidence of wilful evasion or suppression of income. The ruling, …

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ITAT Mumbai Deletes Addition on Demonetization Deposits: Source of Cash Held Explained in Chandraprabha Co-operative Credit Society Case

Chandraprabha Co-operative Credit Society Ltd. vs. Income Tax Officer Court/Bench: Income Tax Appellate Tribunal (ITAT), Mumbai Bench Introduction: The case revolved around cash deposits made by the assessee, Chandraprabha Co-operative Credit Society Ltd., during the demonetization period (November–December 2016). The Assessing …

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ITAT Chennai’s Landmark Ruling: Section 54F Exemption Applies to Full Residential Property, Including Land Acquired Before Selling the Original Property

In a significant development, the Income Tax Appellate Tribunal (ITAT) in Chennai has clarified that under Section 54F of the Income Tax Act, the exemption from long-term capital gains tax extends to the entire investment in a new residential property, …

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Rising Issues in Income Tax Payments Made via Third-Party Apps

In recent times, several taxpayers have faced difficulties after making income tax payments through third-party payment applications such as GPay, PhonePe, or Paytm. In many instances, although the tax amount gets successfully debited from the taxpayer’s bank account, the payment does not get reflected …

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ITAT Delhi Deletes ₹1,112 Crore Additions: Fresh Share Allotment Outside Section 56(2)(viia) – Suspicion on Debtors Unfounded

The Income Tax Appellate Tribunal (ITAT), Delhi Bench, in the landmark case of Enormous Nivesh Pvt. Ltd. vs. Assistant Commissioner of Income Tax, pronounced on 30th September 2025, delivered a significant ruling concerning the applicability of Section 56(2)(viia) of the Income Tax Act, 1961, …

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Supreme Court Seeks Finance Ministry’s Response on Plea Challenging Constitutional Validity of Securities Transaction Tax (STT)

The Supreme Court of India has sought a response from the Union Finance Ministry on a petition questioning the constitutional validity of the Securities Transaction Tax (STT). The plea, filed by trader Aseem Juneja, challenges the legality of the STT, claiming it amounts to double taxation and violates …

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Section 263 Revision Unsustainable: AO’s Proper Enquiry into 80GGC Donation Claim – No Direct Evidence Against Assessee, Rules ITAT Ahmedabad

In the case of Vitthaldas Nathubhai Shah v. Pr. CIT-3, decided by the Income Tax Appellate Tribunal (ITAT), Ahmedabad on 24 September 2025, the Tribunal examined the validity of a Section 263 revision order issued by the Principal Commissioner of Income Tax. The revision pertained to …

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Gujarat High Court Directs CBDT to Extend ITR Filing Due Date for Audit Cases to November 30, 2025

In a major relief to taxpayers and professionals, the Gujarat High Court has directed the Central Board of Direct Taxes (CBDT) to extend the Income Tax Return (ITR) filing due date for audit cases to November 30, 2025. This order follows petitions filed by the All India Federation …

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ITAT Cannot Recall Its Order Based on Subsequent Court Ruling: Bombay High Court Reaffirms Limits of Section 254(2) Powers

The Bombay High Court, in its recent decision dated 12 September 2025 in the case of Vaibhav Maruti Dombale v. Assistant Registrar, ITAT, addressed an important question concerning the scope of the Income Tax Appellate Tribunal’s (ITAT) power to recall or rectify its own …

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Reassessment – Section 148A(b) – Notice providing less than seven days’ time to file response is invalid; contravenes statutory mandate.

The Karnataka High Court, in its judgment dated 5th August 2025 in The Income Tax Officer & Others v. Venkatal a Iyyappa Rajanna (W.A. No. 612/2025), quashed a reassessment notice issued under Section 148A(b) of the Income-tax Act, 1961. The Court held that the Assessing Officer …

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Reasonable Cause Saves Assessee – ITAT Hyderabad Deletes Penalty u/s 271D on Cash Sale of Agricultural Land in Smt. Nimmatoori Yashoda vs DCIT

The Hyderabad Bench of the Income Tax Appellate Tribunal (ITAT) recently dealt with the issue of penalty under section 271D of the Income-tax Act, 1961, in the case of Smt. Nimmatoori Yashoda vs DCIT. The assessee had received substantial cash consideration on sale …

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