Insights & Resources

The Delhi High Court enforced strict procedural safeguards under the CGST Act, holding that seized goods cannot be retained beyond six months without prior notice and justification. The judgment in Kashish Optics Ltd. reaffirms the time-bound and rights-protective nature of s. 67(7), aligning it with due process principles and jurisprudence under the Customs Act.

Delhi HC affirms proportionality in GST penalties, ruling that minor e-way bill lapses shouldn’t attract severe fines under Section 129.

The SC explains the conditions for applying the exception of grave and sudden provocation under s. 300 of the IPC in homicide cases.

In Minal Shroff v. ITO, the ITAT quashed a reassessment under Section 147 for relying solely on third-party alerts, without any fresh inquiry or tangible material. This case reaffirms critical safeguards for taxpayers and clarifies that the ‘reason to believe’ must be the AO’s own, not borrowed.

Can property attachment under PMLA affect ownership and possession? The Appellate Tribunal weighs in on this crucial legal question.

The Supreme Court rules that the MFN clause in DTAAs is not automatic and requires government notification under the Income-tax Act, 1961.

Orissa HC rules that assessees facing TDS prosecution under s. 276B can seek compounding under s. 320 CrPC per CBDT Circular guidelines.

In a key ruling, the Kerala High Court upheld the revisional powers of the Principal Commissioner of Income Tax under Section 263 of the Income-tax Act, 1961. The Court affirmed that failure by the Assessing Officer to conduct proper inquiries or provide reasoning for allowing deductions renders the assessment both erroneous and prejudicial to Revenue, thereby justifying intervention.

The SC clarifies that a wife’s right to maintenance under s. 125 of the CrPC is not negated by a restitution decree in the husband's favour.

The AP High Court rules that setting up solar power plants is a composite supply under GST, rejecting the works contract classification.

The Ahmedabad ITAT, in Mukesh Rasiklal Shah v. ACIT, ruled that income acquired through fraudulent means remains taxable in the year of accrual, even if recovered later by the government. The Tribunal rejected the assessee’s claim for deduction under Section 57, reinforcing the principle that illegality does not shield income from taxation. The ruling exposes gaps in prosecution efforts and raises policy questions around double taxation and restitution.

The NCLAT rules that EPFO’s late claims in insolvency cases are barred under the IBC moratorium, reinforcing finality in CIRP resolutions.

A pivotal Delhi HC ruling underscores that prolonged adjudication delays in customs cases breach the principles of natural justice.

The Gauhati HC examines the balance between GST detention powers and personal liberty, emphasising procedural safeguards and proportionality

The SC clarifies that minor contradictions in witness testimony do not undermine the prosecution's case if overall evidence is reliable.

The Supreme Court rules that share capital reduction qualifies as a ‘transfer’ under tax law, impacting capital gains taxation.

The SC reaffirms that economic offences cannot be quashed merely due to settlements, prioritising public accountability over compromise.

The Supreme Court clarifies the validity of sanction orders under the Prevention of Corruption Act and their impact on justice and fairness.

NCLT holds that in absence of CIRP against the corporate debtor, Section 95 proceedings against the personal guarantor are not maintainable.

Delhi High Court rules arrest under CGST Act illegal due to failure to provide written grounds of arrest, violating statutory safeguards.