Category Archives: Income Tax

A Registered Sale Deed Constitutes a Valid Transfer Under Section 2(47), Attracting Capital Gains Tax Despite Claims of Coercion

By | August 11, 2026
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A Registered Sale Deed Constitutes a Valid Transfer Under Section 2(47), Attracting Capital Gains Tax Despite Claims of Coercion Issue Whether the execution of a registered sale deed constitutes a valid “transfer” under Section 2(47) attracting capital gains under Section 45 of the Income-tax Act, 1961, despite the assessee’s claims of non-receipt of consideration, coercion,… Read More »

INCOME TAX CASE LAWS 07.08.2026

By | August 10, 2026
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INCOME TAX CASE LAWS 07.08.2026 Relevant Act Section Case Law Title Citation Brief Summary Legislative Update N/A Taxation and Other Laws (Amendment) Bill, 2026 Click Here Replaces the Income-tax (Amendment) Ordinance, 2026. Amends the Income-tax Act, 2025, Finance Act, 2026, and Payment & Settlement Systems Act, 2007 to introduce tax incentives for fund management, electronics… Read More »

Section 263 revision setting aside assessment solely to direct Section 270A penalty initiation is legally unsustainable.

By | August 10, 2026
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Section 263 revision setting aside assessment solely to direct Section 270A penalty initiation is legally unsustainable. Issue Whether the PCIT can invoke Section 263 of the Income-tax Act, 1961 / Section 377 of the Income-tax Act, 2025 to set aside an assessment order solely for directing the Assessing Officer to initiate discretionary penalty proceedings under… Read More »

UnnotifiedUnnotified enhancement of disallowance by CIT(A) without express statutory notice is legally invalid and remanded.

By | August 10, 2026
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Unnotified enhancement of disallowance by CIT(A) without express statutory notice is legally invalid and remanded UnnotifiedUnnotified enhancement of disallowance by CIT(A) without express statutory notice is legally invalid and remanded Issue Whether the Commissioner (Appeals) can enhance a disallowance under Section 251 of the Income-tax Act, 1961 without issuing an express notice communicating the intention… Read More »

NFAC Order Set Aside and Restored for Virtual Hearing, Quashing Consequential Penalty Orders

By | August 10, 2026
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NFAC Order Set Aside and Restored for Virtual Hearing, Quashing Consequential Penalty Orders Issue Whether the passing of an appellate order under Section 250 of the Income-tax Act, 1961 by the CIT(A) (NFAC) without granting a requested virtual hearing/video conference link violates the principles of natural justice, and whether the consequent penalty orders passed under… Read More »

Employer’s Failure to Deduct TDS on Overseas LTC Renders It an Assessee-in-Default Under Section 201

By | August 10, 2026
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Employer’s Failure to Deduct TDS on Overseas LTC Renders It an Assessee-in-Default Under Section 201 Issue Whether an employer who reimburses Leave Travel Concession (LTC) to its employees for travel involving a foreign leg without deducting tax at source can be treated as an assessee-in-default under Sections 201(1) and 201(1A) of the Income-tax Act, 1961… Read More »

Reassessment notice and proceedings against a deceased person are invalid when the legal representative promptly objects to jurisdiction.

By | August 10, 2026
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Reassessment notice and proceedings against a deceased person are invalid when the legal representative promptly objects to jurisdiction. Issue Whether reassessment proceedings initiated under Section 148 against a deceased assessee—and subsequent notices or orders passed thereunder—can be sustained under Section 159 of the Income-tax Act, 1961 / Section 302 of the Income-tax Act, 2025 when… Read More »

Reassessment notice issued beyond six years without w.e.f. 01.04.2023 Finance Act provisos is time-barred

By | August 10, 2026
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Reassessment notice issued beyond six years without w.e.f. 01.04.2023 Finance Act provisos is time-barred Reassessment notice issued beyond six years without w.e.f. 01.04.2023 Finance Act provisos is time-barred Issue Whether a reassessment notice issued under Section 148 on 07.04.2022 for Assessment Year 2015–16 is barred by limitation when the provisos to Section 149(1) inserted by… Read More »

CBDT Instruction No. 01/2022 and Section 148 notice for AY 2015-16 issued within TOLA limitation are valid.

By | August 10, 2026
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CBDT Instruction No. 01/2022 and Section 148 notice for AY 2015-16 issued within TOLA limitation are valid. Issue Whether CBDT Instruction No. 01/2022, issued to implement the Supreme Court judgment in Union of India v. Ashish Agarwal, is legally valid. Whether an order under Section 148A(d) and a reassessment notice under Section 148 issued on… Read More »

Reopening notice issued beyond the surviving limitation period under TOLA and Ashish Agarwal directives is invalid.

By | August 10, 2026
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Reopening notice issued beyond the surviving limitation period under TOLA and Ashish Agarwal directives is invalid. Reopening notice issued beyond the surviving limitation period under TOLA and Ashish Agarwal directives is invalid. Issue Whether a reassessment notice issued under Section 148 on 20.08.2022 for Assessment Year 2014–15 is time-barred and invalid for being issued beyond… Read More »