Monthly Archives: August 2026

Section 74 SCN Lacking Specific Reasons and Relied-Upon Documents Is Invalid; Consequential Recovery Quashed

By | August 1, 2026
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Section 74 SCN Lacking Specific Reasons and Relied-Upon Documents Is Invalid; Consequential Recovery Quashed Issue Whether a Show Cause Notice issued under Section 74(1) that merely reproduces the statutory text without stating specific reasons or providing relied-upon documents is legally valid, and whether consequential recovery orders and bank account attachments can be sustained. Facts A… Read More »

Reversal of Input Tax Credit Solely Due to Retrospective Cancellation of Supplier’s Registration Without Document Evaluation Is Invalid

By | August 1, 2026
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Reversal of Input Tax Credit Solely Due to Retrospective Cancellation of Supplier’s Registration Without Document Evaluation Is Invalid Issue Whether the reversal of Input Tax Credit (ITC) under Section 73 can be confirmed solely on the ground of retrospective cancellation of the supplier’s registration, without considering the documentary evidence submitted by the purchaser and after… Read More »

Assessment Order Passed Without Issuing Mandatory ASMT-10 Notice Is Void And Quashed

By | August 1, 2026
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Assessment Order Passed Without Issuing Mandatory ASMT-10 Notice Is Void And Quashed Assessment Order Passed Without Issuing Mandatory ASMT-10 Notice Is Void And Quashed Issue Whether an assessment order confirming a tax demand based on return discrepancies and Input Tax Credit (ITC) reversal can be sustained when no prior notice in Form GST ASMT-10 was… Read More »

Supreme Court Issues Notice on Revenue’s Demand for GST on DBFOT Road Construction Toll Rights

By | August 1, 2026
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Supreme Court Issues Notice on Revenue’s Demand for GST on DBFOT Road Construction Toll Rights Supreme Court Issues Notice on Revenue’s Demand for GST on DBFOT Road Construction Toll Rights Issue Whether the right to collect toll granted by NHAI under a DBFOT concession agreement constitutes non-monetary consideration for works contract services under Heading 9954… Read More »

INCOME TAX CASE LAWS 27.07.2026

By | August 1, 2026
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INCOME TAX CASE LAWS 27.07.2026 Relevant Act Section Case Law Title Citation Brief Summary Income-tax Act, 1961 Section 4 Burgess English Senior Secondary School v. ITO Click Here Applying the principle of consistency, the school’s income/surplus could not be assessed in its hands since the AO had accepted its claim in earlier years that it… Read More »

Reassessment Under Section 148 Based on Non-Deduction of TDS and Written-Off Advances Is Invalid Due to Change of Opinion

By | August 1, 2026
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Reassessment Under Section 148 Based on Non-Deduction of TDS and Written-Off Advances Is Invalid Due to Change of Opinion Reassessment Under Section 148 Based on Non-Deduction of TDS and Written-Off Advances Is Invalid Due to Change of Opinion Issue Whether issuance of a reassessment notice under Section 148 after four years is valid when the… Read More »

Section 148 Notice for AY 2015-16 Issued Post-Ashish Agarwal Beyond Limitation Period Is Invalid

By | August 1, 2026
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Section 148 Notice for AY 2015-16 Issued Post-Ashish Agarwal Beyond Limitation Period Is Invalid Issue Whether a Section 148 reassessment notice for Assessment Year 2015–16 issued on July 27, 2022, pursuant to the Supreme Court’s Ashish Agarwal ruling, is barred by limitation under the principles laid down in Union of India v. Rajeev Bansal. Facts… Read More »

Supreme Court Remits Section 148 Reassessment Jurisdiction Disputes to High Courts Following Governing Precedents

By | August 1, 2026
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Supreme Court Remits Section 148 Reassessment Jurisdiction Disputes to High Courts Following Governing Supreme Court Remits Section 148 Reassessment Jurisdiction Disputes to High Courts Following Governing Precedents Precedents Issue Whether reassessment notices issued under Section 148 by Jurisdictional Assessing Officers (JAOs) rather than the National Faceless Assessment Centre (NFAC) under Section 151A are valid, and… Read More »

Assessment Completed by ACIT Without Issuing Section 143(2) Notice Held Void for Want of Jurisdiction

By | August 1, 2026
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Assessment Completed by ACIT Without Issuing Section 143(2) Notice Held Void for Want of Jurisdiction Issue Whether an assessment completed under Section 143(3) by an ACIT without issuing a mandatory notice under Section 143(2) is valid in law, where the initial Section 143(2) notice had been issued by an ITO. Facts The case pertains to… Read More »

Delay in Filing Form 10-IC for Section 115BAA Concessional Tax Condoned Due to Bona Fide Intention

By | August 1, 2026
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Delay in Filing Form 10-IC for Section 115BAA Concessional Tax Condoned Due to Bona Fide Intention Issue Whether the rejection of an application under Section 119(2)(b) seeking condonation of delay in filing Form 10-IC to claim the concessional tax rate under Section 115BAA is sustainable when the taxpayer demonstrated a continuous bona fide intention to… Read More »