INCOME TAX CASE LAWS 01.10.2026 Relevant Act Section Case Law Title Citation Brief Summary Income-tax Act, 1961 11 Kathir Foundation v. Director of Income-tax Click Here Where a charitable trust violates section 13, exemption under section 11 is denied only for the non-conforming investment income (taxed at maximum marginal rate under proviso to section… Read More »
Unclaimed Pre-Approval Income Tax Demands Extinguish Upon NCLT Approval of Resolution Plan Under IBC Issue Whether income tax demand notices issued under Section 156 in respect of claims not included in an NCLT-approved resolution plan under the Insolvency and Bankruptcy Code, 2016 are sustainable in law. Facts Resolution Plan Approval: The petitioner’s resolution plan was… Read More »
Reassessment Proceedings Initiated Against Deceased Assessee Without Serving Notice on Legal Representatives Are Void Issue Whether reassessment proceedings initiated under Section 148 against a deceased assessee—and completed ex parte without issuing notice to the legal representatives under Section 159—are bad in law and liable to be quashed. Facts Assessment Year: 2011-12. Property Sale: The deceased… Read More »
Section 148 Reassessment Notice Issued to a Deceased Assessee Is Invalid and Void Ab Initio Section 148 Reassessment Notice Issued to a Deceased Assessee Is Invalid and Void Ab Initio Issue Whether a reassessment notice issued under Section 148 in the name of a deceased assessee is invalid and non-est in law when no notice… Read More »
High Court Condones 341-Day Revenue Delay and Admits Transfer Pricing Substantial Law Questions High Court Condones 341-Day Revenue Delay and Admits Transfer Pricing Substantial Law Questions Issue Whether a delay of 341 days in filing an appeal by the Revenue under Section 260A can be condoned under Section 5 of the Limitation Act when caused… Read More »
Section 14A Disallowance Cannot Exceed Exempt Income and Revenue Expenditure Is Fully Deductible In Incurred Year Issue Whether disallowance of expenditure under Section 14A of the Income-tax Act, 1961 can exceed the actual exempt income earned by the assessee during the relevant assessment year. Whether the Revenue can compel an assessee to spread over revenue… Read More »
GST CASE LAWS 01.10.2026 Section Case Law Title Brief Summary Citation Relevant Act Section 9 MTS-EIEL (JV), In re Applicable GST rate for sewerage treatment infrastructure works contract as on 01.06.2022 was 12%, as the omission of the concessional rate under Notification 11/2017-CTR operated prospectively from 18.07.2022. Click Here Central Goods and Services Tax… Read More »
Assessee Wins Major Relief as Tribunal Upholds Deductions, Depreciation Claims, Business Interest, and Benchmark Rates Issue Whether the Tribunal erred in determining key corporate tax and transfer pricing issues for AY 2011-12, including Section 80-IA deduction eligibility for separate telecom undertakings, 60% depreciation on computer-integrated systems, block depreciation on obsolete assets, business characterization of treasury… Read More »
Interest on Borrowed Capital and Subsequent Refinancing Eligible for Section 24(b) Deduction Upon Verification Issue Whether interest paid on borrowed funds—and subsequent refinancing thereof—utilised for the acquisition or construction of a house property is allowable as a deduction under Section 24(b), subject to verifying nexus with the property. Whether disallowance under Section 14A, read with… Read More »
Denial of Section 11 Exemption Requires Computing Net Income, Not Taxing Gross Receipts Issue Whether the denial of Section 11 exemption due to non-filing of Form 10BB permits the Assessing Officer to tax the trust’s entire gross receipts without allowing statutory expenditures and properly computing the net taxable income. Facts Assessee Profile: The assessee is… Read More »