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Delhi High Court Reinforces Statutory Limitation in Tax Reassessment Proceedings
Delhi HC reinforces adherence to Delhi HC rules reassessment notices issued beyond statutory limitation invalid.
Jan 31, 20253 min read
Appellate Tribunal Holds Unexecuted Agreement Not Benami under Section 2(9)(A) of the Benami Act
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.
Jan 31, 20254 min read
Strict Interpretation of Section 101 of the IBC: NCLAT Says No Scope for Extending Moratorium Beyond 180 Days
NCLAT rules that the moratorium under Section 101 of the Insolvency and Bankruptcy Code is mandatory and cannot exceed 180 days.
Jan 31, 20254 min read
Issuance of SCN by State GST Officer – Whether Proper or Not? Kerala High Court Clarifies
Kerala High Court upholds State GST officers’ authority to issue SCNs under CGST Act, clarifying cross-empowerment provisions.
Jan 31, 20253 min read
Delhi High Court Upholds Procedural Safeguards in GST Seizure: Extension Beyond Six Months Requires Prior Notice and Justification
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.
Jan 30, 20255 min read
Delhi High Court on the Proportionality of Penalties Under Section 129 of the CGST Act
Delhi HC affirms proportionality in GST penalties, ruling that minor e-way bill lapses shouldn’t attract severe fines under Section 129.
Jan 28, 20255 min read
Supreme Court Reiterates — Not All Provocation Will Reduce The Crime Of Murder To Culpable Homicide
The SC explains the conditions for applying the exception of grave and sudden provocation under s. 300 of the IPC in homicide cases.
Jan 27, 20254 min read
ITAT Quashes Reassessment Notice for Lack of Fresh Tangible Material and Independent Inquiry
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.
Jan 27, 20256 min read
Property Attachment under PMLA: Appellate Tribunal Clarifies that Ownership and Possession Remain Unaltered
Can property attachment under PMLA affect ownership and possession? The Appellate Tribunal weighs in on this crucial legal question.
Jan 25, 20254 min read
MFN Clause Not Self-Executing: Supreme Court Reiterates the Requirement of Notification for the MFN Clause in DTAAs to Apply
The Supreme Court rules that the MFN clause in DTAAs is not automatic and requires government notification under the Income-tax Act, 1961.
Jan 25, 20255 min read
Revised Arrest & Bail Guidelines Under the CGST Act: Key Amendments & Implications
CBIC revises GST arrest guidelines, mandating written grounds of arrest to ensure procedural compliance and safeguard legal rights.
Jan 25, 20252 min read
Orissa HC Upholds Assessee’s Right to Compounding for TDS Default under Section 276B of 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.
Jan 25, 20253 min read