Tax & Legal Articles

FADS 2026 represents a carefully bounded statutory window — not an open amnesty — through which eligible assessees can resolve historical foreign asset and foreign income disclosure gaps under a defined legal framework. The scheme's two-category stru...

Residential status is not merely a definitional formality under UAE Corporate Tax — it is the foundational lens through which the entire scope of tax exposure must be assessed. For UAE-resident juridical persons, the analysis extends to worldwide inc...

The ITAT, Panaji Bench, in Venkagouda Krishnagouda Patil Vs Assessment Unit, allowed the assessee's appeal by holding that the `Section 148` notice dated 30.07.2022 was issued 38 days beyond the permissible limitation period. Applying the surviving-t...

The Delhi Bench of ITAT adjudicated two appeals filed by Federal Mogul Goetze (India) Ltd. for Assessment Year 2011-12, both of which were ultimately allowed for statistical purposes with matters being restored for fresh determination. In the first a...

The ITAT Mumbai, in the case of National Health & Education Society vs CIT (Exmp), delivered a significant ruling restoring `Section 12AB` registration and `Section 80G` approval that had been cancelled by the CIT(E). The Tribunal firmly established ...

The NCLAT's ruling in Titus Babu Vs Sintex Industries Limited offers an important restatement of settled insolvency law principles as they apply to retail equity shareholders of a corporate debtor. The Tribunal unequivocally held that once an approve...

The ITAT Delhi's ruling in Susheel Vs ITO draws a clear and legally significant line between expenditure that is merely doubted by the Revenue and expenditure that is genuinely unexplained. `Section 69C` of the Income Tax Act, 1961 operates only in t...

The ITAT Chandigarh's ruling in Usha Gupta Vs ITO makes it unambiguously clear that cash deposits made during the demonetisation period by an assessee engaged in a cash-intensive retail business — such as a Kirana shop — cannot be treated as unexplai...

The ITAT Jodhpur Bench, in the case of Ankit Agarwal Vs ITO, deleted an addition of Rs. 40,00,000/made under `Section 68` of the Income Tax Act, 1961, relating to Assessment Year 2015-16. The Tribunal held that where an unsecured loan is received and...

The ITAT Mumbai's decision in Sandesh Projects Pvt. Ltd. Vs ITO (ITAT Mumbai) for Assessment Year 2010-11 delivers a clear message on the standards applicable to `Section 68` additions in cases involving alleged accommodation entries. The Tribunal fo...

The ITAT Chennai, in Gopalakrishnan Sriram Vs ITO (ITAT Chennai) for AY 2020-21, ruled that an assessee who retired from Indian Bank and received leave encashment of Rs. 12,27,232/was entitled to the full exemption under `Section 10(10AA)(ii)` of the...

The ITAT Mumbai ruling in LE Meilleur Global Trade Pvt. Ltd. Vs ITO establishes a critical jurisdictional principle: the mere enactment of `Section 151A` with effect from 01.11.2020 did not, by itself, clothe the NFAC with authority to conduct facele...

The ITAT Panaji, in ACIT Vs Vega Aviation Products Pvt. Ltd., upheld the CIT(A)'s decision to restrict the profit addition on unaccounted intra-group sales of ₹4,87,68,333/to 5%, while affirming the 15% rate on unaccounted retail sales of ₹15,90,449/...

The ITAT Mumbai, in Manjeet Digambar More Vs ITO, has delivered a ruling that affirms the legally distinct character of interest awarded under `Section 28` of the Land Acquisition Act, 1894. Such interest, being an accretion to the value of compulsor...

The Ahmedabad ITAT's ruling in Dinaben Navinchandra Patel Vs ITO reinforces a well-established but frequently contested principle: the jurisdiction assumed by an Assessing Officer under `Section 147` is co-extensive with and limited to the recorded r...

The ITAT Chandigarh, in Balbir Singh Vs ITO, has unequivocally held that an inadvertent error in selecting the ITR form cannot serve as a legal foundation for taxing income twice. The Tribunal found that the CIT(A)'s order was flawed because it focus...

The Rajasthan High Court's ruling in KLM Power And Infrastructure Co. Vs State of Rajasthan delivers a clear and consequential message: an order uploaded on the GST portal under an incorrect or non-standard category heading, without any accompanying ...

The ITAT Chandigarh's ruling in Hari & Co. Owners Vs ITO establishes a clear boundary between what a DVO valuation report can legitimately establish and what it cannot. While a DVO's estimate constitutes an important evidentiary input, it is inherent...

The ITAT Lucknow, in the matter of Subodh Chandra Seth Vs ITO, allowed the assessee's appeal and deleted the residual addition of Rs. 3,70,500 under `Section 69A` read with `Section 115BBE` of the Income-tax Act, 1961. The Tribunal held that once the...

This article presents a structured thought experiment asking what Income Tax adjudication might look like if it operated with the same document-intensive, verification-heavy approach that characterises many GST adjudication proceedings. Seven hypothe...

The ITAT Bangalore Bench, in the case of Dell International Services India Private Limited Vs JCIT, has delivered a significant ruling reinforcing the limited and occasion-specific scope of `Section 154` rectification proceedings under the Income Tax...

The ITAT Ahmedabad, in Reena Ayan Shah Vs ITO, has delivered a ruling that draws a firm boundary between a failed or withdrawn deduction claim and the legal concept of misreporting under `Section 270A` of the Income-tax Act, 1961. The Tribunal held t...

The Meghalaya High Court, in Directorate of Revenue Intelligence Vs Ajay Babu Manda, conclusively held that a Judicial Magistrate has no jurisdiction to order the release of goods or vehicles seized by Customs authorities under `Sections 451/457 of t...

The Delhi Bench of the Income Tax Appellate Tribunal has authoritatively ruled in D.B. Engineering Pvt. Ltd. Vs ACIT (ITAT Delhi) that an assessee is entitled to a refund of excess TDS even where the return giving rise to the refund claim was filed i...

The ITAT Panaji Bench, in Salama Mahmadsalim Dafedar Vs ITO, partly allowed the assessee's appeal against an addition of ₹11,21,090 under `Section 69A` of the Income Tax Act, 1961, relating to cash deposited during the demonetisation period. The Trib...

The ITAT Rajkot Bench, in Ravindra Purshottamdas Patel Vs PCIT-1, has established that a revisionary order under `Section 263` of the Income-tax Act, 1961, does not possess an unlimited or indefinite legal life. Once the PCIT directs fresh assessment...

The ITAT Mumbai, in ITO Vs Hari Krishna Exports Private Limited, conclusively ruled that payments for diamond grading and certification services rendered by non-resident entities do not qualify as Fees for Technical Services under `Section 9(1)(vii)`...

The Supreme Court's ruling in Lalit Chaturvedi & Others Vs State of Uttar Pradesh & Another brings into sharp focus the enduring principle that commercial or contractual disputes must be resolved through civil forums rather than criminal prosecution....

The ITAT, Nagpur Bench, in Apex Detonators Pvt. Ltd. Vs ACIT, has delivered a nuanced ruling that balances two equally important principles. On one hand, it firmly establishes that the reflection of income in Form 26AS does not relieve a company of i...

The Chhattisgarh High Court, in the appeal filed by Smt. Uma Kshatri, upheld the motor accident compensation of Rs. 37,74,245/awarded by the Additional Motor Accident Claims Tribunal, Raipur, in respect of the death of Ayush Singh in a road accident ...