Daily Archives: May 28, 2026

Highway road construction under a DBFOT agreement is a taxable service with toll rights serving as non-monetary consideration.

By | May 28, 2026

Highway road construction under a DBFOT agreement is a taxable service with toll rights serving as non-monetary consideration. Issue Whether highway construction services executed under a Design-Build-Finance-Operate-Transfer (DBFOT) model constitute a taxable works contract under GST when the consideration received from NHAI is non-monetary (the exclusive right to collect toll) rather than cash. Whether the… Read More »

Category: GST

Writ petition is dismissed as an alternate efficacious statutory appeal exists for challenging reasoned GST evasion orders.

By | May 28, 2026

Writ petition is dismissed as an alternate efficacious statutory appeal exists for challenging reasoned GST evasion orders. Issue Whether a writ petition under Article 226 of the Constitution of India can be maintained to challenge a reasoned GST adjudication order when an alternate, efficacious statutory appeal is available under Section 107 of the CGST Act.… Read More »

Category: GST

INCOME TAX CASE LAW 27.05.2026

By | May 28, 2026

INCOME TAX CASE LAW 27.05.2026 Section Case Law Title Brief Summary Citation Relevant Act Section 10(23C) St. Marks School Society v. Deputy Commissioner of Income-tax (CPC) Following judicial discipline, Revenue cannot restrict exemption benefits to AY 2019-20 when the Tribunal had already directed approval from AY 2018-19 in earlier proceedings. 2026 Click Here Income-tax Act,… Read More »

An inherited farm’s agricultural income covers modest cash deposits, invalidating a factually flawed reassessment notice.

By | May 28, 2026

An inherited farm’s agricultural income covers modest cash deposits, invalidating a factually flawed reassessment notice. Issue Whether a reassessment notice issued under section 148 is legally sustainable when based on incorrect factual figures and a lack of independent application of mind by the Assessing Officer, and whether modest bank cash deposits can be treated as… Read More »

Whether you are an FPI? How to Answer this in ITR filing AY 2026-27

By | May 28, 2026

Whether you are an FPI? you should select “NO” unless you are a registered foreign entity investing in Indian financial markets. This question in your Income Tax Return (ITR) is used by the Income Tax Department to identify Foreign Portfolio Investors (FPIs). What is an FPI? An FPI is a foreign entity—such as a foreign… Read More »

Reassessment for AY 2015-16 is quashed due to limitation bars and incorrect investment year.

By | May 28, 2026

Reassessment for AY 2015-16 is quashed due to limitation bars and incorrect investment year. Issue Whether the reassessment proceedings initiated via a section 148 notice dated April 12, 2022, for the assessment year 2015-16 were barred by limitation and lacked proper application of mind by the Assessing Officer. Whether an addition for an unexplained investment… Read More »

Are you governed by Portuguese Civil Code as per section 5A? (If “YES” please fill Schedule 5A) *

By | May 28, 2026

Are you governed by Portuguese Civil Code as per section 5A? (If “YES” please fill Schedule 5A) * while filing ITR 2 , following questions has to be answered Are you governed by Portuguese Civil Code as per section 5A? (If “YES” please fill Schedule 5A) * You should select “NO” to this question unless… Read More »

Tax liabilities for period prior to CIRP stand extinguished upon approval of resolution plan.

By | May 28, 2026

Tax liabilities for period prior to CIRP stand extinguished upon approval of resolution plan. Issue Whether the Assessing Officer has the jurisdiction to pass a reassessment order or issue a demand notice under section 156 for a pre-CIRP period after the NCLT has already approved a corporate resolution plan under Section 31 of the Insolvency… Read More »

Do you want to claim the benefit u/s 115H (Applicable in case of Resident) in ITR 2026-27

By | May 28, 2026

Do you want to claim the benefit u/s 115H (Applicable in case of Resident) in ITR 2026-27 The phrase “Do you want to claim the benefit u/s 115H” is a standard question found in Indian Income Tax Return (ITR) forms. It specifically applies to Non-Resident Indians (NRIs) who have recently returned to India and become… Read More »