Monthly Archives: August 2026

Provisional attachment under Section 83 ceases automatically after one year, requiring immediate bank de-freezing.

By | August 18, 2026
0 Comment

Provisional attachment under Section 83 ceases automatically after one year, requiring immediate bank de-freezing. Provisional attachment under Section 83 ceases automatically after one year, requiring immediate bank de-freezing. Issue Whether a provisional attachment of a bank account ordered under Section 83 remains valid or enforceable after the expiry of the maximum statutory period of one… Read More »

SCN under Section 74 lacking specific allegations of fraud, wilful misstatement, or suppression is legally unsustainable and liable to be quashed.

By | August 18, 2026
0 Comment

SCN under Section 74 lacking specific allegations of fraud, wilful misstatement, or suppression is legally unsustainable and liable to be quashed. Issue Whether a Show Cause Notice (SCN) issued under Section 74 is legally valid when it fails to disclose the foundational jurisdictional ingredients of fraud, wilful misstatement, or suppression of facts with intent to… Read More »

High Courts cannot grant interim protection from arrest while dismissing a pre-arrest bail application.

By | August 18, 2026
0 Comment

High Courts cannot grant interim protection from arrest while dismissing a pre-arrest bail application. Issue Whether a High Court or Sessions Court, while rejecting an application for pre-arrest bail, has the jurisdiction to grant or extend interim protection from arrest for a specified period. Facts Pre-Arrest Bail Application: The respondent filed an application for pre-arrest… Read More »

GST registration application lacking proof of tenancy or authorization of partnership firm was rightly rejected.

By | August 18, 2026
0 Comment

GST registration application lacking proof of tenancy or authorization of partnership firm was rightly rejected. Issue Whether the rejection of a GST registration application is valid when the applicant partnership firm fails to produce a valid current rent agreement or authorization demonstrating lawful possession of the premises. Facts Application for Registration: Petitioner 1 (managing partner)… Read More »

Input tax credit claimed within Section 16(5) cut-off cannot be denied as time-barred under Section 16(4).

By | August 18, 2026
0 Comment

Input tax credit claimed within Section 16(5) cut-off cannot be denied as time-barred under Section 16(4). Input tax credit claimed within Section 16(5) cut-off cannot be denied as time-barred under Section 16(4). Issue Whether Input Tax Credit (ITC) for the periods February 2020 and March 2020 can be denied as time-barred under Section 16(4) when… Read More »

Advocates acting as Insolvency Professionals are subject to forward charge GST and must register.

By | August 18, 2026
0 Comment

Advocates acting as Insolvency Professionals are subject to forward charge GST and must register. Issue Whether GST on services rendered by an Advocate acting in the capacity of an Insolvency Professional (IP) falls under the reverse charge mechanism applicable to legal services or under the forward charge mechanism under GST laws. Facts Background of Petitioner:… Read More »

INCOME TAX CASE LAWS 17.08.2026

By | August 18, 2026
0 Comment

INCOME TAX CASE LAWS 17.08.2026 Relevant Act Section Case Law Title Brief Summary Citation Income-tax Act, 1961 Section 2(15) Lakhmi Chand Charitable Society v. Principal Commissioner of Income-tax Renewal under Section 12AB and approval under Section 80G were directed to be granted where no deficiencies existed in educational activities during the preceding 3 years, and… Read More »

Revision under Section 264 cannot be invoked to amend a return after the statutory time limit expires.

By | August 18, 2026
0 Comment

Revision under Section 264 cannot be invoked to amend a return after the statutory time limit expires. Issue Whether a taxpayer who failed to claim a statutory deduction/tolerance limit under Section 43CA in their original return, and did not file a revised return within the prescribed statutory period, can seek to amend their income/tax liability… Read More »

ITAT rules that profits earned by a Indian bank’s foreign branches (PEs) are non-taxable in India under Article 7(1) of applicable DTAAs.

By | August 18, 2026
0 Comment

ITAT rules that profits earned by a Indian bank’s foreign branches (PEs) are non-taxable in India under Article 7(1) of applicable DTAAs. ITAT rules that profits earned by a Indian bank’s foreign branches (PEs) are non-taxable in India under Article 7(1) of applicable DTAAs. Issue Whether the business profits generated by the overseas branches (Permanent… Read More »

Reassessment Notices Issued Solely on M.B. Shah Commission Report Quashed Following High Court Precedent

By | August 18, 2026
0 Comment

Reassessment Notices Issued Solely on M.B. Shah Commission Report Quashed Following High Court Precedent Reassessment Notices Issued Solely on M.B. Shah Commission Report Quashed Following High Court Precedent Issue Whether reassessment notices issued under Section 148 based solely on the recommendations and findings of the Justice M.B. Shah Enquiry Commission Report on illegal mining are… Read More »