Daily Archives: November 28, 2025

Notification u/s 10(46) of the Income Tax Act 1961 in the case of Haryana State Board of Technical Education (HSBTE) Panchkula

By | November 28, 2025

Notification u/s 10(46) of the Income Tax Act 1961 in the case of Haryana State Board of Technical Education (HSBTE) Panchkula MINISTRY OF FINANCE Department of Revenue (Central Board of Direct Taxes) NOTIFICATION New Delhi, the 26th November, 2025 S.O. 5442(E).— In exercise of the powers conferred by clause (46) of section 10 of the… Read More »

CBDT launches 2nd NUDGE initiative to strengthen voluntary compliance in respect of Foreign Assets

By | November 28, 2025

CBDT launches 2nd NUDGE initiative to strengthen voluntary compliance in respect of Foreign Assets Under the 2nd NUDGE initiative, CBDT will send SMSs and emails from 28th November 2025 to identified taxpayers with advice to voluntarily review and revise their returns on or before 31st December 2025 to avoid penal consequences Posted On: 27 NOV… Read More »

IMPORTANT INCOME TAX CASE LAWS 27.11.2025

By | November 28, 2025

IMPORTANT INCOME TAX CASE LAWS 27.11.2025 Section Case Law Title Brief Summary Citation Relevant Act Section 21 Council of Institute of Chartered Accountants of India v. S.N. Valera The Council’s recommendation to remove a CA’s name from the register for five years was set aside and remitted for fresh consideration because the order was a… Read More »

ICAI Council’s Recommendation for Removal of Member Quashed; “Cut-Paste” of Disciplinary Committee Report Without Independent Findings Held Invalid

By | November 28, 2025

ICAI Council’s Recommendation for Removal of Member Quashed; “Cut-Paste” of Disciplinary Committee Report Without Independent Findings Held Invalid 1. Issue Whether the Council of the Institute of Chartered Accountants of India (ICAI) fulfills its statutory mandate under Section 21(3) of the Chartered Accountants Act, 1949, read with Regulation 16 of the Chartered Accountants Regulations, 1988,… Read More »

IMPORTANT GST CASE LAWS 27.11.2025

By | November 28, 2025

IMPORTANT GST CASE LAWS 27.11.2025 Section Case Law Title Brief Summary Citation Relevant Act Section 16 & 17 Agratas Energy Storage Solutions (P.) Ltd., In re Input Tax Credit (ITC) on GST paid under Reverse Charge Mechanism (RCM) for a 50-year industrial land lease rental for factory construction is blocked under Section 17. The statutory… Read More »

Category: GST

Unsecured Loans from Directors Accepted: Source Explained via Land Sale and Overdraft

By | November 28, 2025

Unsecured Loans from Directors Accepted: Source Explained via Land Sale and Overdraft Issue Whether unsecured loans received by the assessee-company from its directors can be treated as unexplained cash credits under Section 68 of the Income-tax Act, 1961, when the Assessing Officer (AO) alleges lack of creditworthiness, despite the assessee providing evidence of the source… Read More »

Confiscation Proceedings u/s 130 Cannot Bypass Tax Determination u/s 73/74

By | November 28, 2025

Confiscation Proceedings u/s 130 Cannot Bypass Tax Determination u/s 73/74 Issue Whether the GST authorities can initiate confiscation proceedings under Section 130 (alleging intent to evade tax due to breach of accounts/records requirements) and seize goods/recover amounts directly, without first determining the tax liability through the mandatory adjudication process under Section 73 or 74 of… Read More »

Category: GST

Appellate Order Denying Refund on “Intermediary” Ground Quashed for Lack of Reasoning

By | November 28, 2025

Appellate Order Denying Refund on “Intermediary” Ground Quashed for Lack of Reasoning Issue Non-Speaking Order: Is an appellate order valid if it reclassifies an exporter as an “intermediary” (thereby denying a refund) without scrutinizing the underlying agreements/invoices or recording independent reasons? Power to Remand: Given that the Appellate Authority under GST lacks the power to… Read More »

Category: GST

Writ Petition Dismissed as Technical Plea on Portal Glitch Rejected When Order Was Reasoned on Merits

By | November 28, 2025

Writ Petition Dismissed as Technical Plea on Portal Glitch Rejected When Order Was Reasoned on Merits Issue Whether a taxpayer can invoke writ jurisdiction to challenge an appellate order upholding a GST demand solely on the “technical ground” that the GST portal allegedly did not allow the payment of the 10% pre-deposit (Section 107(6)), forcing… Read More »

Category: GST