Tag Archives: HIGH COURT OF GUJARAT

Composite Non-Compete Consideration Amortizable as Deferred Revenue and Aborted Project Expenses Fully Allowable

By | August 15, 2026
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Composite Non-Compete Consideration Amortizable as Deferred Revenue and Aborted Project Expenses Fully Allowable Issue Whether a composite consideration paid for the assignment of goodwill and restrictive non-compete covenants can be claimed as deferred revenue expenditure under Section 37(1), and whether preliminary expenses incurred for a business expansion project that was ultimately aborted are allowable as… Read More »

Requirement of Degree in Agricultural Science for Valuers of Agricultural Land Under Rule 8A(3) Is Constitutionally Valid

By | August 15, 2026
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Requirement of Degree in Agricultural Science for Valuers of Agricultural Land Under Rule 8A(3) Is Constitutionally Valid Requirement of Degree in Agricultural Science for Valuers of Agricultural Land Under Rule 8A(3) Is Constitutionally Valid Issue Whether Rule 8A(3) of the Wealth-tax Rules, 1957, which mandates a degree in Agricultural Science for registration as a valuer… Read More »

High Court Remands Time-Barred GST Appeal as Special Amnesty Scheme Stood Applicable

By | August 14, 2026
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High Court Remands Time-Barred GST Appeal as Special Amnesty Scheme Stood Applicable High Court Remands Time-Barred GST Appeal as Special Amnesty Scheme Stood Applicable Issue Whether an appeal filed on 28.12.2023 against an order-in-original passed under Section 74 was entitled to the benefit of the special amnesty procedure under Notification No. 53/2023-Central Tax, despite the… Read More »

Deduction for Encumbrance Clearance Payment Allowed as AO Conducted Enquiry and PCIT Revision Unjustified

By | August 14, 2026
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Deduction for Encumbrance Clearance Payment Allowed as AO Conducted Enquiry and PCIT Revision Unjustified Issue Whether the PCIT was justified in invoking Section 263 revisionary powers when the Assessing Officer (AO) had conducted inquiries, applied his mind, and taken a plausible view allowing a deduction under Section 48 for clearing a property encumbrance. Whether the… Read More »

Reassessment Cannot Be Sustained Where Reduction in Work-in-Progress Decreases Taxable Profit Without Escapement

By | August 13, 2026
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Reassessment Cannot Be Sustained Where Reduction in Work-in-Progress Decreases Taxable Profit Without Escapement Reassessment Cannot Be Sustained Where Reduction in Work-in-Progress Decreases Taxable Profit Without Escapement Issue Whether reassessment proceedings under Section 147/148 are legally sustainable when an alleged higher valuation of closing Work-in-Progress (WIP) actually increases taxable income rather than causing income escapement, and… Read More »

SCN and Tax Demand Order Issued Against Deceased Taxpayer Are Legally Void and Quashed

By | August 12, 2026
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SCN and Tax Demand Order Issued Against Deceased Taxpayer Are Legally Void and Quashed SCN and Tax Demand Order Issued Against Deceased Taxpayer Are Legally Void and Quashed Issue Whether a Show Cause Notice (SCN) and a consequential tax demand order issued under Section 74 of the CGST/GGST Act against a deceased sole proprietor, without… Read More »

Non-Speaking Order Passed Without Personal Hearing Violates Principles of Natural Justice and Is Unsustainable

By | August 11, 2026
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Non-Speaking Order Passed Without Personal Hearing Violates Principles of Natural Justice and Is Unsustainable Issue Whether a cryptic, two-line assessment order passed in FORM GST DRC-07 without considering the assessee’s reply, providing reasons, or offering a personal hearing under Section 75 of the CGST/GGST Act, 2017 is legally sustainable. Facts Show Cause Notice: SCNs were… Read More »

Reopening Reassessment Solely to Verify Bank Cash Deposits Without Tangible Material Is Without Jurisdiction

By | August 11, 2026
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Reopening Reassessment Solely to Verify Bank Cash Deposits Without Tangible Material Is Without Jurisdiction Issue Whether the Assessing Officer can validly initiate reassessment proceedings under Section 147/148 solely to verify the source of cash deposits in an assessee’s bank account, without possessing independent tangible material to form a belief that income chargeable to tax has… Read More »

Corporate Guarantee Settlement Liability Crystallized in Previous Year 1997-98 Is Deductible Business Expenditure Under Section 37(1)

By | August 11, 2026
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Corporate Guarantee Settlement Liability Crystallized in Previous Year 1997-98 Is Deductible Business Expenditure Under Section 37(1) Issue Whether the liability of ₹3.50 crores incurred by the assessee-company pursuant to a corporate guarantee settlement crystallized in the previous year 1997-98, making it an allowable business expenditure under Section 37(1) for the Assessment Year 1998-99. Facts Corporate… Read More »

Condonation of Delay in Filing Form 10 Must Be Allowed for First-Time E-Filing Oversights

By | August 11, 2026
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Condonation of Delay in Filing Form 10 Must Be Allowed for First-Time E-Filing Oversights Condonation of Delay in Filing Form 10 Must Be Allowed for First-Time E-Filing Oversights Issue Whether the CIT (Exemptions) erred in rejecting the assessee-trust’s application under Section 119(2)(b) for condonation of delay in filing Form 10, thereby denying exemption under Section… Read More »