MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 30th May, 2025 G.S.R. 359(E).— In exercise of the powers conferred by Sub-Section (1), (2) and (4) of Section 139, Sub-Section (1) and (2) of Section 140, Sub-Section (3) of Section 141, Sub-Section (2), (3), (8) and (12) of Section 143, Section 147 and Sub-Section (3) of… Read More »
IMPORTANT INCOME TAX CASE LAW 04.06.2025 Section/Rule Case Law Title Brief Summary Citation Relevant Act 12A Naughtys Pet Sanctuary v. CIT(Exemption) Trust deed clause allowing honorarium/salary to trustees does not render trust non-genuine or ineligible for 12AB registration. Click Here Income-tax Act, 1961 12AB Akhil Bharatvarshiya Papeek Ashram Trust v. Commissioner of Income-tax Exemption Assessee… Read More »
Non-Bailable Warrant for Bailable Offence Under Section 276C(2) Quashed Due to Mechanical Order Issue: Whether an Additional Chief Metropolitan Magistrate can validly issue a non-bailable warrant (NBW) against an individual for an offence punishable under Section 276C(2) of the Income-tax Act, 1961, when that offence is bailable in nature, and the order issuing the NBW… Read More »
SLP Dismissed Due to Unexplained Delay: Revenue Liable to Pay Interest on Refund for Wrongful TDS on Agricultural Land Compensation Issue: Whether the revenue is liable to pay interest under Section 244A of the Income-tax Act, 1961, on a refund claimed by an assessee for wrongfully deducted TDS on compensation for agricultural land acquisition, especially… Read More »
Refund Mandatory Upon Appeal Allowing Assessee: Tax Authorities Must Return Recovered Amount When Demand is Set Aside Issue: Whether, upon an appeal being allowed and the demand raised in a reassessment order being set aside, it is obligatory for the tax authorities to refund the amount recovered from the assessee towards the discharge of that… Read More »
Common Area Maintenance (CAM) Charges Subject to TDS Under Section 194C (Works Contract), Not 194-I (Rent) Issue: Whether Common Area Maintenance (CAM) charges paid by a tenant to a mall owner should be subject to Tax Deducted at Source (TDS) under Section 194C (payments to contractors/sub-contractors for ‘work’) or Section 194-I (payments by way of… Read More »
I. Section 80-IA Deduction to be Allowed from Gross Total Income, Not Restricted to Business Income Issue: Whether the deduction under Section 80-IA of the Income-tax Act, 1961, should be allowed from the Gross Total Income (GTI) or if it is to be restricted to income computed under the head “Profits & Gains of Business… Read More »
Private Discretionary Trust Not Liable for Surcharge if Income Below ₹50 Lakhs, Even at Maximum Marginal Rate Issue: Whether a private discretionary trust, whose income is chargeable to tax at the maximum marginal rate (MMR), is also liable to pay surcharge if its total income is below the threshold of ₹50 lakhs, as specified in… Read More »
I. Rectification Order Invalid Due to Investment by Wife and Lack of Opportunity of Hearing Issue: Whether a rectification order passed under Section 154 of the Income-tax Act, 1961, is valid if it adds income based on an investment made by the assessee’s wife (with the assessee as a second holder) and is passed without… Read More »
Faceless Assessment Set Aside: Insufficient Time for Reply and Violation of Natural Justice Issue: Whether a Faceless Assessment order raising a demand is valid if the assessee was granted insufficient time (one day) to upload voluminous evidence, contrary to the Standard Operating Procedure (SOP) which stipulates a seven-day response time, thereby constituting a flagrant violation… Read More »