In a significant ruling clarifying the legal position relating to contractual employment in government-supported schemes, the High Court of Jammu & Kashmir and Ladakh has held that a contractual employee cannot invoke the constitutional safeguards available under Article 311 of …
In a significant judgment reinforcing procedural safeguards under the Goods and Services Tax (GST) regime, the Allahabad High Court has ordered the immediate release of a taxpayer after finding serious irregularities in the arrest process adopted by GST authorities. The …
In a significant ruling reinforcing the limits of an Assessing Officer’s powers, the Chennai Bench of the Income Tax Appellate Tribunal (ITAT) has held that an Assessing Officer (AO) cannot make a fresh addition while passing an order merely to …
In a landmark ruling that provides substantial relief to the renewable energy sector, the Jodhpur Appellate Authority under the Goods and Services Tax (GST) framework has held that rooftop Solar Power Generating Systems (SPGS) constitute movable property and cannot be …
In a significant judgment concerning cheque dishonour cases under the Negotiable Instruments Act, 1881, the Kerala High Court has ruled that any alteration in the date of a cheque that is not authenticated by the drawer through a full signature …
In a significant judgment dealing with GST adjudication and Input Tax Credit (ITC) disputes, the Madras High Court has held that a mere typographical error in a Show Cause Notice (SCN) does not automatically invalidate proceedings if the notice, when …
A major development in GST jurisprudence has come from the Bombay High Court, which has held that a corporate guarantee furnished by a holding company to banks on behalf of its subsidiary, without charging any consideration, does not amount to …
In a significant ruling on capital gains taxation, the Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) has held that the execution and registration of a sale deed constitute a completed transfer for the purposes of capital gains tax …
In a significant ruling, the Kerala High Court has clarified an essential procedural requirement under Negotiable Instruments Act, 1881, holding that a cheque dishonour complaint under Section 138 cannot be sustained unless the statutory demand notice explicitly mentions the exact …
In a significant ruling addressing procedural challenges under the GST regime, the Calcutta High Court in Ram Chandra Sahoo v. Union of India and Others granted relief to a taxpayer who was unable to file an appeal electronically due to …
In a significant ruling that clarifies the scope of tax benefits for charitable institutions, the New Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that a trust cannot be denied approval under Section 80G of the Income …
In a significant ruling with far-reaching implications for corporate restructuring and tax planning, the Supreme Court of India has held that an amalgamated company cannot claim the benefit of losses incurred by the amalgamating entity prior to the merger unless …
In a significant ruling that brings clarity to the tax treatment of Common Area Maintenance (CAM) charges, the Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that such payments are not in the nature of rent and therefore attract Tax …
In a significant reaffirmation of the legal position on compounding of cheque dishonour offences, the Supreme Court of India has held that a conviction under Section 138 of the Negotiable Instruments Act, 1881 can be quashed if the parties arrive …
In a significant ruling that clarifies the scope of interest deduction under the Income Tax Act, the Kerala High Court has held that a partner cannot claim deduction on interest paid on borrowed funds if such funds are invested as …
In a significant ruling that strengthens the interpretation of disallowance provisions under the Income Tax Act, the Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that Section 43B cannot be invoked where Goods and Services Tax (GST) …
In a significant ruling highlighting the importance of financial transparency in matrimonial disputes, the Allahabad High Court has set aside a maintenance order granted to a wife, after finding glaring inconsistencies between her declared income and income tax records. The …
In a significant ruling reinforcing the principles of vicarious liability in corporate offences, the Telangana High Court has quashed criminal proceedings initiated against the Chairman and Managing Director of Sankhya Infotech Limited in an alleged Employees’ Provident Fund (EPF) default …
In a significant ruling with far-reaching implications for inter-State trade under GST, the Allahabad High Court has drawn a clear distinction between verification powers and penal jurisdiction of GST authorities in transit States. The judgment in M/s Maruti Enterprises & Ors. vs State of U.P. (dated …
In a significant and pragmatic ruling, the Income Tax Appellate Tribunal (ITAT), Kolkata Bench, has reaffirmed a fundamental principle of tax jurisprudence—substance must prevail over form. The Tribunal held that mere clerical or inadvertent errors in tax audit reports cannot be …