The Income Tax Appellate Tribunal (ITAT), Mumbai, in the case of Kavita Manoj Damani vs. AO, held that the exemption under Section 54 of the Income‑tax Act applies even when long-term capital gains are re-invested in property purchased from a relative, …
If a charitable or religious institution is penalised by the Income Tax Department for under-utilisation of funds (i.e. not applying 85% of its income towards its charitable/religious purposes as required under Section 11(1) of the Income Tax Act), it may appeal the penalty …
An assessee can appeal against a penalty order under Section 270A of the Income Tax Act, 1961—Penalty for under-reporting and misreporting of income—before the Commissioner of Income Tax (Appeals) [CIT(A)] or the Income Tax Appellate Tribunal (ITAT), depending on the stage and scope. Below …
In a landmark judgment that brings clarity to the taxation of immovable property transactions, the Gujarat High Court has held that the transfer of leasehold rights is not a taxable supply under the Goods and Services Tax (GST) regime. The Court observed …
In a recent ruling in July 2025, the Orissa High Court dismissed a writ petition challenging a provisional attachment order issued by GST authorities. The dismissal was on the ground of infructuousness, as the petitioner had already availed statutory remedy by filing an appeal under Section …
Section 270A of the Income Tax Act, 1961, introduced by the Finance Act, 2016, marked a significant shift in the penalty regime by replacing the earlier Section 271(1)(c). It aims to penalize under-reporting and misreporting of income, with penalties ranging from 50% to 200% of …
Section 270A of the Income-tax Act, 1961, introduced with effect from Assessment Year 2017-18, aims to penalize cases of under-reporting and misreporting of income. It replaced the older Section 271(1)(c), streamlining the penalty mechanism with fixed rates and detailed categorization. However, despite its clarity …
Summary suits under Order XXXVII of the Code of Civil Procedure, 1908 offer a fast-track mechanism for plaintiffs to recover debts, liquidated amounts, or enforce written contracts without the delays of a full-fledged trial. However, courts are consistently called upon to …
Filing a summary suit under Order 37 of the Civil Procedure Code, 1908 (CPC) is a special procedure used to quickly resolve cases where the defendant has no real defence, particularly in matters involving recovery of debts or liquidated money claims based on written …
The National Consumer Disputes Redressal Commission (NCDRC) has once again reaffirmed that technical delays in intimating an insurance company about a theft claim cannot override the substantive compliance of promptly lodging an FIR and cooperating with the investigation. In this ruling, the …
In a significant ruling, the Kerala High Court has held that reassessment proceedings initiated under Section 148A of the Income Tax Act are unsustainable if the alleged escaped income is less than ₹50 lakhs and the notice is issued beyond …
In a recent ruling, the Madras High Court reaffirmed the principle of natural justice in tax adjudication by granting the assessee another opportunity for re-adjudication where it had shown genuine willingness to cooperate and partially comply with the disputed tax …
In a significant judgment, the Delhi High Court reaffirmed the principle that deployment of funds by a charitable organization in a wholly owned subsidiary for regulatory compliance, and not with the intention to earn income, does not amount to an …
In a significant ruling, the Patna High Court granted an interim stay on the enforcement of an appellate order, observing that the said order was prima facie erroneous. The Court further directed that the matter be raised before the appropriate tribunal, once it is duly constituted. …
In a significant ruling safeguarding taxpayer rights and reinforcing judicial scrutiny over reassessment proceedings, the Calcutta High Court in Vikas Rungta v. ITO quashed the reassessment initiated under Section 148 of the Income Tax Act, 1961. The Court observed that the reopening …
In a significant decision reinforcing the importance of reasoned adjudication, the Himachal Pradesh High Court recently set aside an order passed by the appellate authority rejecting an appeal on grounds of delay without offering proper reasoning for denial of condonation. …
In a recent ruling, the Madras High Court reaffirmed the importance of adherence to principles of natural justice in tax adjudication. The Court held that any order passed without considering the assessee’s reply or providing an opportunity for personal hearing …
In a significant ruling for exporters under the Goods and Services Tax (GST) regime, the Gujarat High Court has held that the non-submission of Foreign Inward Remittance Certificate (FIRC) alone cannot be a ground to reject Input Tax Credit (ITC) refund under Rule 89 …
In a recent ruling, the Calcutta High Court clarified that the time granted to the assessee to respond to a notice under Section 148A(b) of the Income Tax Act must be excluded while calculating the limitation period for passing the …
In a significant judgment, the Chhattisgarh High Court has ruled that assessment proceedings pending before the Income Tax Appellate Tribunal (ITAT) shall be deemed to be pending before the Assessing Officer (AO) for the purpose of granting retrospective benefit under …