Undisputed Exporter Entitled to IGST Refund Under Rule 96 Despite Omission of Tax Details in Shipping Bills Undisputed Exporter Entitled to IGST Refund Under Rule 96 Despite Omission of Tax Details in Shipping Bills Issue Whether an exporter can be denied an IGST refund under Rule 96 of the CGST Rules for undisputed exports simply… Read More »
Demand and Order Outside Five-Year Limit or Overlapping with State Proceedings Are Void Demand and Order Outside Five-Year Limit or Overlapping with State Proceedings Are Void Issue Issue I (Limitation Period): Whether a Show Cause Notice (SCN) and subsequent Order-in-Original (OIO) under Section 74(1) for FY 2017-18 are time-barred if issued beyond five years from… Read More »
INCOME TAX CASE LAWS 13.07.2026 INCOME TAX CASE LAWS 13.07.2026 Section Case Law Title / Notification Brief Summary Citation Relevant Act Notification F. NO. 225/73/2025-ITA-II, Dtd 08-07-2026 CBDT authorizes the DGIT (Systems) to upload foreign tax information received under the Automatic Exchange of Information (AEOI) framework directly to the Annual Information Statement (AIS) within specified… Read More »
Assessee gets refund interest until actual payment as AO cannot unilaterally decide on exclusions Issue Whether an assessee is entitled to interest under Section 244A up to the actual date of payment when delays arise from subsequent bank account validation errors, and whether the Assessing Officer (AO) has the jurisdiction to unilaterally exclude any delay… Read More »
Employer Is Assessee In Default For Not Deducting TDS On LFC Involving Foreign Travel Issue Whether an employer can be treated as an “assessee in default” under Section 201 for failing to deduct tax at source (TDS) on Leave Fare Concession (LFC) reimbursements when the employees’ travel itineraries included a foreign leg. Facts The assessee,… Read More »
No TDS applies to stockist margins, unexercised ESOPs, or statutory interest paid to MSME vendors Issue Issue I (Trade Discount vs. Commission): Whether margins retained by stockists under regulatory/quality controls represent taxable “commission” requiring TDS under Section 194H. Issue II (ESOP TDS Timing): Whether the TDS obligation on ESOPs under Section 192 triggers at the… Read More »
Reassessment Notice Validity and Jurisdiction Disputes Must Be Remanded to Assessing Officer for Verification Reassessment Notice Validity and Jurisdiction Disputes Must Be Remanded to Assessing Officer for Verification Issue Whether valid service of a Section 148 notice (by affixation under the Code of Civil Procedure) and the correct jurisdiction of the issuing Assessing Officer are… Read More »
No Penalty Lies for Non-Reporting of PE-Unrelated Transactions and CIT(A) Cannot Enhance on New Grounds Issue Issue I (Section 271AA Penalty): Whether a transfer pricing penalty under Section 271AA for non-reporting of an international transaction is sustainable when the transaction was executed directly by the foreign head office without any effective nexus to its Indian… Read More »
Nil Transfer Pricing Adjustment Remanded and Enhanced Section 80JJAA Deduction Granted Nil Transfer Pricing Adjustment Remanded and Enhanced Section 80JJAA Deduction Granted Issue Issue I (Transfer Pricing): Whether a Transfer Pricing Officer (TPO) can sustain an Arm’s Length Price (ALP) of “Nil” for Global IT services once the assessee furnishes critical additional evidence on appeal… Read More »
Consequential Assessment Automatically Becomes Void Once the Underlying Section 263 Revision Order Is Set Aside Issue Whether a consequential assessment order passed by the Assessing Officer pursuant to a revisionary direction under Section 263 can survive or be adjudicated on merits after the ITAT has quashed the underlying Section 263 revision order. Facts The assessee,… Read More »