Insights & Resources

Karnataka HC holds that GST recoveries made under coercion during probe cannot qualify as self-ascertained payments under Section 74(5).

ITAT rules that TCS credit on a minor’s income, clubbed under Section 64(1A), must be granted to the parent, even before 01.01.2025.

Kerala HC holds GST officers cannot seize cash unless it’s stock-in-trade, reaffirming constitutional limits on tax enforcement powers.

Madras HC quashes Section 153C assessments, holding absence of separate satisfaction note renders the proceedings void ab initio.

SC upholds HC’s ruling that s. 153C reassessments must be backed by specific incriminating material for each assessment year.

The Bombay High Court, in Shoaib Richie Sequeira v. State of Maharashtra, directed the formation of a CBI-led Special Investigation Team to probe a massive cross-border financial fraud. Despite compelling evidence, both the EOW and CBI had failed to act, citing SEBI's jurisdiction. The Court reaffirmed its constitutional authority to ensure fair and impartial investigations when agencies fail to fulfil their statutory responsibilities.

Karnataka HC rules on PMLA’s procedural safeguards, questioning the legality of search, seizure, and repeated summons by ED.

Bombay HC quashes criminal charges in Rakesh Jain case, ruling that contractual disputes cannot be disguised as money laundering.

NCLAT upholds IBC’s supremacy over tax laws, ruling that government tax dues do not qualify as secured debt in insolvency proceedings.

A Supreme Court ruling reignites the debate on literal vs. purposive statutory interpretation, shaping the future of insolvency law.

The Bombay High Court in Jitendra M. Doshi v. CCIT reaffirmed that a waiver of interest under Section 220(2A) of the Income-tax Act requires strict compliance with all three statutory conditions. The Court rejected the petitioner’s claim of financial hardship, citing lack of documentary evidence, inconsistent conduct, and non-cooperation. The judgment underscores the evidentiary threshold and taxpayer accountability under this discretionary relief provision.

Delhi HC quashes reassessment of a non-resident entity, affirming that tax authorities must rely on specific, relevant, and timely evidence.

The Bombay High Court rules that creditor settlements alone do not justify a liquidation stay under Section 466 of the Companies Act.

This write-up analyses the Delhi High Court's ruling in Rohit Kumar v. ITO, which invalidated a reassessment under the Income-tax Act due to procedural non-compliance post-Finance Act, 2021. The judgment affirms the binding nature of Sections 148A and 151, reiterating that digital signature dates determine notice validity and reassessment thresholds must be adhered to strictly.

Introduction   In CGST v. Yogesh Gupta [i] , the Court of the Ld. Additional Chief Judicial Magistrate, Gurugram (‘ Ld. Court ’) examined...

NCLT Mumbai dismisses CIRP application, citing a pre-existing dispute and the Section 10A COVID-19 moratorium under the IBC.

Delhi HC reinforces adherence to Delhi HC rules reassessment notices issued beyond statutory limitation invalid.

In a significant ruling under the Benami Act, the SAFEMA Appellate Tribunal quashed a provisional attachment order where no sale deed was executed and ownership never transferred. The case reinforces that partial payment and mere intent to purchase do not amount to a benami transaction under s. 2(9)(A), absent legal title or possession.

NCLAT rules that the moratorium under Section 101 of the Insolvency and Bankruptcy Code is mandatory and cannot exceed 180 days.

Kerala High Court upholds State GST officers’ authority to issue SCNs under CGST Act, clarifying cross-empowerment provisions.