IMPORTANT INCOME TAX CASE LAWS 13.10.2025 Section Case Law Title Brief Summary Citation Relevant Act 69, 69A, 69B Hiralal Vijawat vs. ACIT/DCIT Entire income surrendered during a survey by a cloth and saree trader, asserting it arose from business (excess cash/stock, debtor cash, shop investment), was to be taxed as business income at normal… Read More »
Surrendered income from a survey is business income if the source is explained. Issue When a taxpayer, during a survey, surrenders undisclosed assets (like excess stock, cash, and investments) and declares them as their business income, can the Assessing Officer (AO) reject this explanation without contrary evidence and reclassify the amount under the deeming provisions… Read More »
IMPORTANT GST CASE LAWS 13.10.2025 Section/Rule Case Law Title Brief Summary Citation Relevant Act Rule 86A DDS Jewels (P.) Ltd. vs. State of Maharashtra An order blocking the Electronic Credit Ledger was set aside as it was passed before the expiry of the time limit in the Show Cause Notice (SCN) and without considering… Read More »
A 10% pre-deposit for a GST appeal stays further recovery action. Issue Once a taxpayer has made the mandatory 10% pre-deposit of a disputed tax demand in order to file a statutory appeal under Section 107 of the CGST Act, can the tax authorities legally continue to attach or freeze the taxpayer’s bank accounts… Read More »
A court directed a taxpayer to use an interim circular to stay recovery and await the formation of the GST Appellate Tribunal. On Interim Relief When the GST Tribunal is Not Constituted A taxpayer who wants to appeal an order but cannot because the GST Appellate Tribunal isn’t functional can get interim protection from recovery… Read More »
A taxpayer cannot challenge a reassessment order as time-barred if their own request for a personal hearing caused the order to be passed after the initial one-month time limit. Issue Is an order passed under Section 148A(d) of the Income-tax Act, 1961, barred by limitation if it is passed more than one month after the… Read More »
Professional negligence by a counsel is a valid reason to condone an appeal delay. Issue Should a delay in filing an appeal be condoned if the reason for the delay is the professional negligence or oversight of the taxpayer’s authorized representative? Facts An assessee’s appeal before the First Appellate Authority was dismissed solely on the… Read More »
Section 50’s deeming fiction doesn’t affect the tax rate under Section 112. Issue Does the deeming provision of Section 50 of the Income-tax Act, 1961, which treats the gain on the sale of a depreciable asset as a Short-Term Capital Gain (STCG), also mandate that it must be taxed at the higher rates applicable to… Read More »
GST Refunds to be Fast-Tracked via Mandated Risk-Based Approvals The Central Government has mandated a new system to fast-track Goods and Services Tax (GST) refunds, requiring tax authorities to adopt a risk-based approach for processing and approving claims. Key Features of the New System Risk-Based Approval: The new mechanism is designed to expedite refunds for… Read More »
New Import Regulations for Solar and Wind Energy Components Effective from November 1, 2025 The government has announced that new import regulations specifically targeting components used in the solar and wind energy sectors will come into effect from November 1, 2025. Key Focus of the Regulations Quality Control and Standards: The primary objective of these… Read More »