Addition of capital gains based on Form 26AS TDS is unsustainable when subsequent receipts are declared in respective returns. Issue Whether the Assessing Officer was justified in making an addition of ₹2.45 crores to the capital gains for Assessment Year 2018-19 based on the TDS amount reflected in Form 26AS, despite the assessee actually receiving… Read More »
Discount on shares allotted under Employee Stock Option Plan is allowable as revenue expenditure under Section 37(1). Issue Whether the discount on shares allotted to employees under an Employee Stock Option Plan (ESOP) qualifies as allowable revenue expenditure under Section 37(1) of the Income-tax Act. Facts The assessee-company issued shares to its employees under an… Read More »
Unclaimed balance 50% additional depreciation on machinery used for under 180 days is allowable in subsequent year. Issue Whether an assessee is entitled to claim the remaining 50% balance of additional depreciation under Section 32(1)(iia) of the Income-tax Act in a subsequent assessment year on eligible plant and machinery that was acquired and put to… Read More »
Clean Slate Theory under IBC does not extinguish statutory tax dues arising during the CIRP period. Issue Whether the Clean Slate Theory under Section 31 of the Insolvency and Bankruptcy Code, 2016 (IBC) applies to extinguish statutory dues under the Goods and Services Tax (GST) Acts and Income-tax Act that arise during the Corporate Insolvency… Read More »
Registration and approval granted under Section 12AB and Section 80G cannot be made conditional on pending Supreme Court proceedings. Issue Whether registration granted under Section 12AB and approval granted under Section 80G(5) of the Income-tax Act can be made subject to a contingency based upon the outcome of proposed or future proceedings by the Revenue… Read More »
Clause (b) of Rule 14(2) of Rules of 1998 requiring an assessment certificate for appeal is ultra vires Section 11 of Act of 1996, and interest under Section 8 accrues only from the due date specified in the assessment order. Issue Whether Clause (b) of Sub-rule (2) of Rule 14 of the Building and Other… Read More »
INCOME TAX CASE LAWS 27.10.2026 Here is the complete analysis and summary of the provided case laws formatted cleanly in a table. Case Law Summary & Analysis Relevant Act Section Case Law Title Citation Brief Summary Building and Other Construction Workers’ Welfare Cess Act, 1996 Section 11 Ridhiraj Builders and Promoters v. State of… Read More »
GST CASE LAWS 26.10.2026 Here is the structured table containing the Relevant Act, Section, Case Law Title, Citation, and Brief Summary extracted from your text: Relevant Act Section Case Law Title Citation Brief Summary Integrated Goods and Services Tax Act, 2017 Section 2 Navitas Eduservices (P.) Ltd. v. Commissioner of CGST, South Delhi Click… Read More »
Expired E-Way Bill Justifies Section 129 Penalty As Mens Rea Is Irrelevant For Transit Contraventions Issue Whether the levy of penalty under Section 129 for transporting goods with an expired e-way bill requires proof of an intention to evade tax (mens rea). Whether unverified, non-contemporaneous breakdown claims and invalid GPS logs justify the failure to… Read More »
Cryptic Show Cause Notices And Non-Speaking Ex-Parte Orders Violate Natural Justice Requiring De Novo Adjudication Issue Whether issuing cryptic Show Cause Notices (SCNs) containing no factual particulars alongside passing ex-parte, non-speaking Orders-in-Original (OIOs) violates the principles of natural justice under Section 75. Whether the First Appellate Authority has the statutory jurisdiction under Section 107 to… Read More »