Madras High Court Strengthens GST Search Safeguards: DIN Mandatory, Coercive Tax Recovery Prohibited

The Madras High Court has strengthened the procedural safeguards governing GST inspection, search and seizure proceedings, holding that tax authorities cannot use search proceedings as a mechanism to recover tax from taxpayers. The Court also emphasised strict compliance with the Document Identification …

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Effect of Part Payments on Dishonoured Cheques Must Be Decided During Trial, Not at Summoning Stage: Delhi High Court

In a significant ruling clarifying the scope of proceedings under the Negotiable Instruments Act, 1881, the Delhi High Court has held that the effect of admitted part payments made before the presentation of dishonoured cheques cannot be conclusively determined while deciding a revision …

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Mere Presumption of Deputed Employees Cannot Establish Permanent Establishment in India: ITAT Delhi

In a significant ruling on international taxation, the Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that a Permanent Establishment (PE) in India cannot be inferred merely on assumptions that employees of a foreign parent company were rendering services for another …

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ITAT Mumbai Quashes PCIT’s Section 263 Revision: Revisional Powers Cannot Be Invoked When Core Issue Is Already Pending in Appeal

In a significant ruling reinforcing the limits of the Principal Commissioner of Income Tax’s (PCIT) revisional jurisdiction under Section 263 of the Income Tax Act, 1961, the Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that the PCIT …

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Gujarat High Court Reaffirms That Trade Associations Can Be Registered as Charitable Institutions Under the Income Tax Act

In a significant ruling that provides much-needed clarity on the charitable status of trade associations, the Gujarat High Court has held that organizations established to promote trade and commerce can qualify as charitable institutions under the Income Tax Act, 1961. …

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Supreme Court Upholds Allahabad High Court Ruling Calling Arbitrary GST Registration Cancellation the ‘Economic Death’ of a Business

In a significant decision reinforcing taxpayer rights under the Goods and Services Tax (GST) regime, the Supreme Court has upheld the judgment of the Allahabad High Court, which observed that cancellation of a GST registration without recording proper reasons can …

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Supreme Court Declines PIL Seeking Transfer of Benami Act Appeals to ITAT, Permits Representation Before Centre

In a significant development concerning the appellate framework under the Prohibition of Benami Property Transactions Act, 1988 (PBPT Act), the Supreme Court of India has declined to entertain a Public Interest Litigation (PIL) seeking the transfer of appellate jurisdiction from the Appellate Tribunal …

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Calcutta High Court Upholds GST Order Issued Within Limitation Despite DRC-07 Upload After Deadline

The Calcutta High Court has delivered an important ruling clarifying the distinction between the issuance of a GST adjudication order and its service on the taxpayer. In a significant judgment, the Court held that the limitation prescribed under Section 73(9) of the Central Goods and …

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