Time Limitation Not Applicable When Article 265 Is Invoked: Andhra Pradesh High Court Rules in Favour of GST Refund on Exempt Residential Rent

In a landmark ruling, the Andhra Pradesh High Court has reaffirmed the supremacy of Article 265 of the Constitution of India, declaring that the limitation period prescribed under the GST laws does not apply to refunds of amounts collected without authority of law. The Court, in Nspira …

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Justice Surya Kant Appointed as the Next Chief Justice of India: A New Chapter for the Supreme Court Begins November 24

In a significant development for the Indian judiciary, Justice Surya Kant has been formally appointed as the next Chief Justice of India (CJI). The announcement was made by Union Law and Justice Minister Arjun Ram Meghwal, who confirmed that President Droupadi Murmu has exercised her …

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Madras High Court Recognises Cryptocurrency as “Property” Under Indian Law: A Landmark Judgment

In a landmark ruling that could reshape India’s digital-asset landscape, the Madras High Court has held that cryptocurrency qualifies as a form of “intangible property” under Indian law. The decision, delivered by Justice N. Anand Venkatesh, aligns India with global judicial thinking in jurisdictions such …

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Service Apartments Classified as Commercial Buildings for GST: West Bengal AAR Clarifies Tax Treatment

The classification of service apartments under the Goods and Services Tax (GST) regime has been a matter of frequent dispute, particularly regarding whether such constructions should be treated as residential or commercial buildings. The distinction holds significant tax implications, as GST …

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ITAT Rules Belated Filing Does Not Bar Carry Forward of Unabsorbed Depreciation — ACIT vs. Elecon Engineering (23 October 2025)

On October 23, 2025, the Income Tax Appellate Tribunal (ITAT) issued a significant ruling concerning the carry-forward of unabsorbed depreciation. The Tribunal held that unabsorbed depreciation under Section 32(2) of the Income Tax Act can be carried forward and set off against income in subsequent …

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Limited scope for reopening assessment: Non-production of Form 3CL not valid ground under Section 147

In a significant ruling, the Kerala High Court in Apollo Tyres Ltd. vs. Assistant Commissioner of Income-Tax (ITA No. 42 of 2024; reported at 2025 LiveLaw (Ker) 660) clarified that non-production of Form 3CL—a report issued by the Department of Scientific and Industrial Research (DSIR)—cannot …

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Temporary Lull Doesn’t Mean Business Closure: Supreme Court Upholds Continuity for Non-Resident Companies

In a significant ruling dated October 18, 2025, the Supreme Court of India clarified an important aspect of business taxation for non-resident entities. The Court held that a temporary lull or break in business activity does not amount to cessation of business in India. As …

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No Prosecution Without Wilful Evasion: Madras High Court Protects Taxpayers from Criminal Action Over Delayed Payments

In a landmark decision dated 18 October 2025, the Madras High Court reaffirmed that prosecution under the Income-tax Act cannot be initiated for mere delay in payment of tax unless the prosecution is supported by cogent evidence of wilful evasion or suppression of income. The ruling, …

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