Daily Archives: November 15, 2025

IMPORTANT INCOME TAX CASE LAWS 14.11.2025

By | November 15, 2025

IMPORTANT INCOME TAX CASE LAWS 14.11.2025 Section Case Law Title Brief Summary Citation Relevant Act 35 (Notification) Income Tax Notification No. 04/2025 CBDT approved Hari Shankar Singhania Elastomer & Tyre Research Institute for ‘Scientific Research’ purposes under section 35(1)(iia) for AYs 2022-23 to 2026-27. NOTIFICATION NO. 04/2025, DATED 11-11-2025 Income-tax Act, 1961 2(9) Lal Mohammad… Read More »

Default Interest Liability Commences from Fresh Demand Notice Issued After ITAT Order, Not Original Notice.

By | November 15, 2025

Default Interest Liability Commences from Fresh Demand Notice Issued After ITAT Order, Not Original Notice. Issue When a tax demand is deleted by the Commissioner (Appeals) but is subsequently restored by the Income Tax Appellate Tribunal (ITAT), does the interest for default under Section 220(2) run from the original demand notice, or does it only… Read More »

TDS Credit Allowable on Proof of Deduction Despite 26AS Mismatch; Consequential Interest Deleted.

By | November 15, 2025

TDS Credit Allowable on Proof of Deduction Despite 26AS Mismatch; Consequential Interest Deleted. Issue Whether an Assessing Officer (AO) can deny credit for Tax Deducted at Source (TDS) to an assessee—and consequently charge interest under Sections 234B and 234C—solely on the ground that the credit is not appearing in Form No. 26AS, even if the… Read More »

Salary Paid to a Partner is Business Income; Expenses Incurred to Earn it are Deductible.

By | November 15, 2025

Salary Paid to a Partner is Business Income; Expenses Incurred to Earn it are Deductible. Issue Whether expenses (like car depreciation) incurred by a partner, which are wholly and exclusively for the purpose of earning remuneration from their partnership firm, can be claimed as a deduction, or if such remuneration is non-deductible “Salary” income. Facts… Read More »

IMPORTANT GST CASE LAWS 14.11.2025

By | November 15, 2025

IMPORTANT GST CASE LAWS 14.11.2025   Section Case Law Title Brief Summary Citation Relevant Act 65 Varian Medical Systems International India (P.) Ltd. v. Union of India A show cause notice (SCN) issued before the expiry of time granted for pre-SCN submissions violated natural justice. The audit order passed beyond the three-month limitation was set… Read More »

Category: GST

HC Orders Reimbursement of Differential GST on Transitional Works Contracts; Mandates Segregation.

By | November 15, 2025

HC Orders Reimbursement of Differential GST on Transitional Works Contracts; Mandates Segregation. Issue What is the correct method for calculating and reimbursing the differential tax liability on works contracts that were ongoing during the transition from the pre-GST (KVAT) regime to the GST regime, especially when post-GST agreements continued to reference pre-GST tax schedules? Facts… Read More »

Penalty for Delayed ITC Reversal Unjustified as Credit Was Eventually Reversed and No Advantage Gained.

By | November 15, 2025

Penalty for Delayed ITC Reversal Unjustified as Credit Was Eventually Reversed and No Advantage Gained. Issue Whether a penalty under Section 122 of the CGST Act is sustainable for a delay in reversing proportionate Input Tax Credit (ITC) on obsolete stock, especially when the reversal was eventually made and the assessee gained no financial advantage… Read More »

HC Declines Writ on Classification Dispute, Relegates Assessee to Statutory Appeal.

By | November 15, 2025

HC Declines Writ on Classification Dispute, Relegates Assessee to Statutory Appeal. Issue Whether a writ petition under Article 226 of the Constitution is maintainable to challenge a GST assessment order that involves a disputed classification of goods, or whether the assessee must first exhaust the efficacious statutory appellate remedy available under Section 107 of the… Read More »