Supreme Court Ruling: BNSS/CrPC Provisions on Rights of Arrested Persons Applicable to GST & Customs Acts

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This Supreme Court ruling strengthens legal protections for individuals facing arrest under the GST and Customs Acts. By extending CrPC safeguards to these laws, the Court ensures that tax enforcement authorities follow due process and refrain from arbitrary arrests. The …

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Supreme Court Reserves Verdict on GST SCN Adjudication Extension Under Section 168A Amid Conflicting HC Rulings

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A Supreme Court Bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan took note of the conflicting High Court rulings, emphasizing the need for a thorough legal examination. The Supreme Court of India has reserved its judgment on the contentious …

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Section 54F benefits apply to only one residential house unless two properties can be structurally and legally integrated: Delhi HC

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CBDT circular dated January 21, 2015 clarifies that the benefit under Section 54F and Section 54 is limited to one residential house. A recent Delhi High Court ruling denied capital gains tax exemption under Section 54F of the Income Tax …

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Madras High Court: Appeal Can Be Condoned Beyond the Condonable Period in Special Circumstances, if Pre-Deposit Rule is Complied

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This ruling of High court serves as an important precedent, reinforcing that procedural delays should not automatically result in the dismissal of appeals, particularly when statutory requirements are met. The Madras High Court has ruled that an appeal cannot be …

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Madras High Court Upholds Right to Tax Refund for Excess GST Paid During Goods Detention

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This ruling of Madras High Court provides clarity on GST compliance and refund eligibility for businesses dealing with goods detention under Section 129. The Madras High Court, in the case of Chetna Steel Tubes Private Limited v. Goods and Service …

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Kerala High Court Rules: GST & Income Tax Departments Cannot Retain Seized Cash Before Proceedings Finalization

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As per the court’s verdict, the initial seizure of cash by the GST department was unauthorized and illegal. The continued retention of the cash by the GST department and its handover to the Income Tax Department did not legitimize the …

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Summons Under Section 131(1A) of the Income Tax Act, 1961

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Summons under Section 131(1A) typically issued when the I-T Department suspects concealment of income or requires further inquiry before proceeding with search and seizure. Section 131(1A) of the Income Tax Act, 1961 empowers assessing officers with specific authority to issue …

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Understanding Section 62 of the CGST Act, 2017: Assessment of Non-Filers of GST Returns

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Cases related to best judgment assessments under Section 62, emphasizing procedural fairness and legislative amendments. Section 62 of the Central Goods and Services Tax (CGST) Act, 2017, governs the assessment of taxpayers who fail to file their GST returns. When …

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Delhi High Court Rules on Fee for Technical Services (FTS) Under Section 9(1)(vii) of Income Tax Act

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Dismissing the Income Tax Department’s appeal, the Delhi High Court ruled in favor of the taxpayer, reaffirming that routine support services cannot be classified as FTS. In a significant ruling, the Delhi High Court has clarified that Fee for Technical …

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Allahabad High Court: GSTN Absence in Supplier’s Certificate Not a Valid Reason to Deny ITC

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The case was remanded by court to the original authority for fresh adjudication, with instructions to consider all submitted documents and provide a reasoned decision within three months. In a significant ruling, the Allahabad High Court has held that the …

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Supreme Court: No Penalty Exception Under Section 271AAA(2) for Undisclosed Income Declared Only During Assessment

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This Supreme Court judgment reaffirms the strict interpretation of Section 271AAA(2), making it clear that merely paying taxes voluntarily does not exempt an assessee from penalties if undisclosed income is admitted only at the assessment stage. The Supreme Court of …

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GST Registration Cannot Be Denied Based on State of Origin: Andhra Pradesh High Court

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This judgment sets a crucial precedent, ensuring that businesses across India are not unfairly restricted from obtaining GST registration in different states. The Andhra Pradesh High Court has ruled that authorities cannot refuse GST registration solely because the applicant belongs …

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Madras High Court: Opportunity of Final Hearing under GST Granted on Payment of 10% Disputed Tax

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This ruling of Madras High Court underscores the importance of natural justice in GST assessments and provides taxpayers an opportunity for fair representation. In a significant ruling, the Madras High Court has granted a final hearing in the case of …

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New Income Tax Bill 2025: Key Details on Features and Changes in Provisions Impacting the Taxpayers

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Key Takeaways from New Income Tax Bill 2025 to be Introduced in Parliament on 13 February 2025 The government has introduced the new Income Tax Bill 2025, which will be tabled in Parliament on February 13, 2025. After parliamentary committee …

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Section 269SS Not Applicable to Brokers Acting as Agents or Facilitators: ITAT Chennai

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This landmark ruling reinforces the principle that intermediaries operating in a fiduciary capacity are distinct from the principal parties in transactions. It sets a strong precedent for brokers, real estate facilitators, and agents, protecting them from undue penalties under Section …

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Delhi High Court Upholds Section 132(4) of Companies Act & Validates NFRA Rules on Auditor Accountability

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The High Court highlighted that Section 132 was introduced to strengthen regulatory oversight and align audit standards with global best practices. It does not create new liabilities but fills a regulatory gap to enhance transparency, accountability, and audit quality. The …

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Marginal Relief vs. Rebate Under Section 87A of the Income Tax Act, 1961

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The Rebate u/s. 87A reduces tax burden for low-income taxpayers, whereas marginal relief ensures that the tax does not exceed the excess taxable income over the rebate threshold. With the Budget 2025 announcements, significant changes have been introduced to tax …

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