The Supreme Court has clarified that the power to condone delay under the Negotiable Instruments Act, 1881 (NI Act) cannot be used to rectify a fundamental or fatal defect in a cheque dishonour complaint. In an important ruling concerning prosecution …
The Delhi High Court has ruled that an Assessing Officer (AO) cannot reject a taxpayer’s share valuation merely because he disagrees with the expected rate of return or commercial assumptions used by a recognised valuation method. In an important ruling …
The Delhi High Court has clarified that disputes arising directly from an employer-employee relationship, including claims relating to unpaid salary and increments, cannot be treated as “commercial disputes” under the Commercial Courts Act, 2015. However, the Court also made an important procedural …
The Delhi High Court has issued important directions concerning provisional attachment of bank accounts under Section 83 of the Central Goods and Services Tax Act, 2017 (CGST Act), holding that such attachment cannot continue beyond the statutory period of one …
The Supreme Court has brought an end to a long-running service dispute involving an Administrative-cum-Finance Officer of the Maulana Abul Kalam Azad Institute of Asian Studies (MAKAIAS) by facilitating an amicable settlement between the employee and the Institute. A Division Bench comprising Justice …
A District Consumer Disputes Redressal Commission in Raipur has held an airline responsible for deficiency in service and unfair trade practice after a passenger missed his flight because the airline failed to communicate the correct departure terminal. The Commission awarded the passenger ₹50,000 …
The Kerala High Court has declined to quash a cheque dishonour complaint merely because the authorised representative’s name was placed before the name of the complainant society in the cause title. The Court held that such an objection is essentially technical …
The Supreme Court has held that an assessee cannot use a revision petition under Section 264 of the Income Tax Act, 1961, as an alternative route to make changes to a self-assessment return after the statutory period for filing a revised …
The Delhi High Court has declined to interfere with a writ petition challenging the constitutional validity of Section 67(6) of the Central Goods and Services Tax (CGST) Act, 2017, which provides the mechanism for provisional release of goods seized during GST …
The Income Tax Appellate Tribunal (ITAT), Agra Bench, has deleted a substantial addition of ₹2,40,29,635 under Section 68 of the Income Tax Act, 1961, relating to cash deposits made during the demonetisation period by a firm engaged in the trading and …
The Delhi High Court has declined to interfere with a GST demand exceeding ₹1.5 crore, holding that disputes concerning the admissibility, authenticity, chain of custody and evidentiary value of electronic records should ordinarily be examined by the statutory appellate authority rather than …
The Delhi High Court has sought a response from the Union Government and the Central Board of Direct Taxes (CBDT) on a Public Interest Litigation (PIL) seeking an automatic mechanism for refund of Tax Deducted at Source (TDS) to individuals …
The Kerala High Court has clarified that a cheque does not become invalid merely because its signature, date, amount or other particulars have been written using different inks. The Court observed that there is no legal requirement under the Negotiable …
The Calcutta High Court has clarified that an independent Chartered Accountant (CA) who certifies a false statutory return or e-form cannot claim automatic immunity from criminal prosecution merely because the professional is not an executive officer of the company. However, the Court …
ITAT Chennai has deleted a ₹76.45 lakh addition made under Section 69 read with Section 115BBE of the Income-tax Act, holding that cash deposits cannot be treated as unexplained merely because there was a substantial time gap between the original …
The Allahabad High Court, Lucknow Bench, has held that a real estate developer is liable to pay interest to a homebuyer for delayed possession at the same rate of interest that the developer could have charged the allottee for default …
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 …
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 …
In a significant ruling protecting taxpayers’ rights during GST enforcement proceedings, the Madurai Bench of the Madras High Court has held that the Goods and Services Tax (GST) Department cannot continue to retain documents or records seized during a search …
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 …