Monthly Archives: June 2026

GST registration revocation cannot be rejected using a non-speaking order that ignores delay condonation explanations.

By | June 25, 2026
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GST registration revocation cannot be rejected using a non-speaking order that ignores delay condonation GST registration revocation cannot be rejected using a non-speaking order that ignores delay condonation explanations. explanations. Issue Whether the tax authority is legally justified in rejecting an application for the revocation of a cancelled GST registration solely by issuing a non-speaking… Read More »

INCOME TAX CASE LAWS 23.06.2026

By | June 25, 2026
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INCOME TAX CASE LAWS 23.06.2026 INCOME TAX CASE LAWS 23.06.2026 Relevant Act Section Case Law Title Citation Brief Summary Income-tax Act, 1961 Section 9 Commissioner of Income-tax (International Taxation)-1 v. Ernst and Young U.S. LLP 2026 Click Here 1. Matter remanded to Tribunal to properly evaluate whether advisory/consultancy services qualify as FTS or are exempt… Read More »

The Commissioner (Appeals) can validly set aside an ex-parte reassessment and remand it for fresh adjudication.

By | June 25, 2026
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The Commissioner (Appeals) can validly set aside an ex-parte reassessment and remand it for fresh adjudication. The Commissioner (Appeals) can validly set aside an ex-parte reassessment and remand it for fresh adjudication. Issue Whether the Commissioner (Appeals) [CIT(A)] is legally empowered under Section 251(1)(a), read with the statutory proviso inserted via the Finance Act, 2024,… Read More »

Assessment orders completed during non-pending settlement applications remain fully valid and enforceable upon application rejection.

By | June 25, 2026
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Assessment orders completed during non-pending settlement applications remain fully valid and enforceable upon application rejection. Issue Whether assessment orders passed by an Assessing Officer are void for lack of jurisdiction or become unenforceable under sections 245HA and 153 upon the subsequent rejection of a settlement application, when those applications were filed after January 31, 2021,… Read More »

Adjusting a current refund against an older tax demand despite a subsisting stay is illegal.

By | June 25, 2026
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Adjusting a current refund against an older tax demand despite a subsisting stay is illegal. Issue Whether the Income Tax Department is legally justified in adjusting a valid tax refund determined for a subsequent year (AY 2025-26) against an outstanding, disputed tax demand of a prior year (AY 2018-19) for which an active interim stay… Read More »

Adjustments retained in a final assessment order must be adjudicated on merits during appeals.

By | June 25, 2026
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Adjustments retained in a final assessment order must be adjudicated on merits during appeals. Issue Whether the Commissioner (Appeals) is legally justified in refusing to decide the merits of a tax adjustment simply because the assessee did not file a separate appeal against the initial Section 143(1) intimation, even though that same adjustment was formally… Read More »

Valid Advance Pricing Agreements bind the Revenue, precluding alternative business expenditure disallowances under Section 37(1).

By | June 25, 2026
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Valid Advance Pricing Agreements bind the Revenue, precluding alternative business expenditure disallowances under Section 37(1). Issue Whether the tax department can alternatively disallow an expenditure under Section 37(1) of the Income-tax Act after the underlying international transaction has already been covered, verified, and accepted under a binding Advance Pricing Agreement (APA) under Section 92CC. Facts… Read More »

Domestic AMP spend without an agreement is not an international transaction, and business losses must be allowed for set-off.

By | June 25, 2026
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Domestic AMP spend without an agreement is not an international transaction, and business losses must be allowed for set-off. Issue On Transfer Pricing: Whether Advertisement, Marketing, and Promotion (AMP) expenses incurred within India by a subsidiary to promote its own product sales constitute an “international transaction” under Chapter X, in the absence of an explicit… Read More »

Reassessment orders passed by the NFAC prior to March 2022 are valid under Section 147A.

By | June 25, 2026
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Reassessment orders passed by the NFAC prior to March 2022 are valid under Section 147A. Reassessment orders passed by the NFAC prior to March 2022 are valid under Section 147A. Issue On Reassessment Jurisdiction: Whether a faceless reassessment order passed by the National Faceless Assessment Centre (NFAC) prior to March 29, 2022, is invalid or… Read More »

Unrealizable insolvency assets must be excluded from Rule 11UA Fair Market Value computations.

By | June 25, 2026
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Unrealizable insolvency assets must be excluded from Rule 11UA Fair Market Value computations. Issue Whether the Assessing Officer (AO) is legally justified in mechanically invoking Section 50CA and Rule 11UA to calculate the Fair Market Value (FMV) of unquoted shares based purely on book values, without excluding unrealizable insolvency assets or considering the price discovered… Read More »