Order Under Section 148A(d) Quashed as Assessing Officer Shifted Reassessment Grounds Beyond Show Cause Notice Scope Issue Whether an order passed under Section 148A(d) and the consequent notice under Section 148 of the Income-tax Act, 1961 (Section 281 read with Section 280 of the Income-tax Act, 2025) are legally sustainable when the Assessing Officer shifts… Read More »
Transfer Consideration for Intangible Assets is Nontaxable Capital Receipt as Cost of Acquisition Remains Unascertainable Issue Whether the assignment of user rights in intangible assets to a family trust under a dissolution deed, in exchange for a variable profit share, constitutes a sale or a license/assignment of user rights. Whether the sum of ₹50 crores… Read More »
Reassessment Notice Issued Beyond Three Years Is Invalid If Escaped Income Is Under ₹50 Lakhs Reassessment Notice Issued Beyond Three Years Is Invalid If Escaped Income Is Under ₹50 Lakhs Issue Whether a reassessment notice issued under Section 148 after the expiry of three years from the end of the relevant assessment year is legally… Read More »
Delayed Portal Upload Of Appellate Order Relaxes Refund Limitation Date Permitting Recovery With Interest Issue Whether a refund claim filed pursuant to a favorable appellate order can be saved from the two-year limitation bar under Section 54 when the portal summary (Form GST APL-04) is uploaded by the department after a long delay. Whether the… Read More »
Delay in Filing Return for Section 80-IBA Deduction Is Condonable Under Section 119(2)(b) Pending Appeal Issue Whether an application for condonation of delay in filing an income tax return under Section 119(2)(b)—filed to claim a Section 80-IBA deduction—can be entertained and granted even after an assessment order has been passed and an appeal remains pending… Read More »
Assignment of GIDC Leasehold Rights Not Taxable Supply; ITC Reversal and Penalties Quashed With Refund Directed Assignment of GIDC Leasehold Rights Not Taxable Supply; ITC Reversal and Penalties Quashed With Refund Directed Issue Taxability of Lease Assignment: Whether the assignment or transfer of leasehold rights in a GIDC industrial plot constitutes a taxable supply under… Read More »
Reassessment Quashed as Same Additions Were Pending Adjudication Before High Court Issue Whether the Revenue can validly initiate reassessment proceedings under Section 148 and pass a consequential reassessment order under Section 147 in respect of additions that were previously adjudicated and are currently pending determination before the High Court in tax appeals. Facts Search &… Read More »
Form 10B Accepted Within Extended Return Due Date Constitutes Valid Compliance Entitling Section 11 Exemption Issue Whether uploading Form 10B on the due date of the return and formal trustee acceptance on the next day—prior to the extended return deadline—satisfies Section 12A(1)(b) compliance, making disallowance under Section 143(1) and rejection of condonation under Section 119(2)(b)… Read More »
Cancellation Order On Dropped Grounds And Uncommunicated Allegations Breaches Natural Justice And Is Quashed Issue Whether a proper officer can issue a repeat Show Cause Notice and pass a cancellation order on identical grounds previously dropped, and whether introducing unalleged grounds in the final cancellation order violates principles of natural justice. Facts Registration & First… Read More »
Additions in unabated Section 153A assessments without incriminating search material are unsustainable in law. Issue Additions in Unabated Years under Section 153A: Whether additions or disallowances (such as unsecured loans under Section 68 and related interest, and Section 69A/69C additions) can be sustained in Section 153A assessments for completed/unabated assessment years without any incriminating material… Read More »