Latest Updates on Tax Audits, Especially under Section 44AB, and related compliance/deadline issues

Introduction Tax audit under section 44AB of the Income-tax Act, 1961 is a critical compliance requirement for businesses and professionals crossing prescribed turnover or gross receipt limits. Every year, the Central Board of Direct Taxes (CBDT) notifies due dates and …

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Revaluation of Assets in Non-Corporate Entities under the New Compliance Framework

Introduction With effect from 1 April 2024, the Institute of Chartered Accountants of India (ICAI) has issued a revised Guidance Note on Financial Statements of Non-Corporate Entities. The new framework prescribes fresh disclosure formats and compliance requirements for proprietorships, partnerships, LLPs, and …

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Bombay High Court Grants Unconditional Stay on Tax Demand Found Contrary to ITAT’s Orders – Narendra I. Bhuva (Legal Heirs) v. ACIT [14 August 2025]

Introduction On 14 August 2025, the Bombay High Court delivered its judgment in the case of Narendra I. Bhuva (Legal Heirs) v. ACIT, Circle 13(1), Mumbai concerning the taxability of gains arising from the sale of a vintage car. While dismissing the main appeal and …

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GST Department Barred from Raising Claims After NCLT-Approved Resolution Plan: Allahabad High Court Ruling (21 August 2025)

Introduction The Insolvency and Bankruptcy Code, 2016 (IBC) was enacted to provide a time-bound framework for resolution of distressed companies and to ensure certainty for resolution applicants by giving them a “clean slate.” A recurring issue, however, has been the …

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ITAT Delhi Holds Life Membership Fees of Council of Architecture as Capital Receipts, Not Revenue

Introduction The treatment of life membership fees received by professional bodies, trusts, and charitable institutions has long been a contentious issue in income-tax law. The central question revolves around whether such one-time, non-recurring receipts should be classified as revenue income chargeable in the year …

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Absence of DIN does not render orders automatically void; they remain enforceable until set aside by Court: Andhra Pradesh High Court

Introduction The Andhra Pradesh High Court examined whether absence of a Document Identification Number (DIN) in departmental orders automatically invalidates such orders or whether they continue to hold enforceability until judicially set aside. The Court clarified the legal effect of …

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AO Empowered to Adjust Refund Without Fresh Intimation if Assessee Fails to Respond: Orissa High Court, 11 August 2025

Introduction The Orissa High Court in its judgment dated 11 August 2025 in Reliable Security and Intelligence Services (Orissa) (P.) Ltd. v. NFAC addressed the scope of powers of the Assessing Officer under Section 245 of the Income-tax Act, 1961. The dispute arose when the …

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Orissa High Court Sets Aside Ex Parte Refund Rejection Owing to Proprietor’s Cancer Treatment: Upholding Principles of Natural Justice

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 …

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Refund of Excess ITC Due to Inverted Tax Structure Must Be Processed Within 3 Weeks: Delhi High Court 14.08.2025

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 …

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CBIC Circular on refunding unutilised ITC under Rule 89(5) is not prospective: Supreme Court dismisses Revenue Petition with ₹10,000 costs

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 …

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