Tag Archives: HIGH COURT OF MADRAS

Notice Under Section 143(2) Is Not Mandatory in Reassessment and Scope Extends Beyond Recorded Reasons

By | August 12, 2026
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Notice Under Section 143(2) Is Not Mandatory in Reassessment and Scope Extends Beyond Recorded Reasons Issue Whether the issuance of a notice under Section 143(2) is mandatory in reassessment proceedings under Section 147 when the taxpayer participates in the proceedings and statutory timeline constraints render issuance impossible. Whether the Assessing Officer during reassessment proceedings under… Read More »

Assessment Notice Under Omitted Section 74 For FY 2024-25 Is Defective and Requires Fresh Notice Under Section 74A

By | August 11, 2026
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Assessment Notice Under Omitted Section 74 For FY 2024-25 Is Defective and Requires Fresh Notice Under Section 74A Issue Whether an assessment notice issued under Section 74 for FY 2024-25 is legally unsustainable due to the omission of Sections 73/74 and mandatory applicability of Section 74A, and whether such defect constitutes a total lack of… Read More »

Prosecution under Section 276CC Is Impermissible and Liable to Be Quashed When No Tax Is Outstanding Due to Prepaid TDS

By | August 11, 2026
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Prosecution under Section 276CC Is Impermissible and Liable to Be Quashed When No Tax Is Outstanding Due to Prepaid TDS Prosecution under Section 276CC Is Impermissible and Liable to Be Quashed When No Tax Is Outstanding Due to Prepaid TDS Issue Whether criminal prosecution under Section 276CC for failure to furnish a return of income… 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 »

Statutory IGST Refund Cannot Be Denied Due to Web Portal Glitches and Must Be Processed Manually

By | August 7, 2026
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Statutory IGST Refund Cannot Be Denied Due to Web Portal Glitches and Must Be Processed Manually Statutory IGST Refund Cannot Be Denied Due to Web Portal Glitches and Must Be Processed Manually Issue Whether an IGST refund claim statutorily recognized under Section 54 of the CGST/TNGST Act can be denied or refused manual processing due… Read More »

Reassessment notice issued beyond three years without PCCIT approval under Section 151 is invalid

By | August 7, 2026
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Reassessment notice issued beyond three years without PCCIT approval under Section 151 is invalid Issue Whether a notice issued under Section 148 after the expiry of three years from the end of the relevant assessment year without obtaining approval from the specified authority under Section 151 is valid, and whether the consequent reassessment order under… Read More »

Liquidated damages, underwriting commission, structuring fees qualify as tax-exempt interest, and Section 36 deductions operate independently.

By | August 7, 2026
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Liquidated damages, underwriting commission, structuring fees qualify as tax-exempt interest, and Section 36 deductions operate independently. Issue Whether liquidated damages, underwriting commission, and structuring fees earned by an infrastructure financial institution qualify as exempt “interest” under Section 10(23G) of the Income-tax Act, 1961. Whether deductions claimed under Section 36(1)(viia)(c) and Section 36(1)(viii) operate independently without… Read More »

Provisional Attachment Under Section 83 Ceases Automatically After Expiry of One Year Statutory Period

By | August 5, 2026
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Provisional Attachment Under Section 83 Ceases Automatically After Expiry of One Year Statutory Period Provisional Attachment Under Section 83 Ceases Automatically After Expiry of One Year Statutory Period Issue Whether the provisional attachment of a bank account under Section 83 of the CGST/TNGST Act remains legally enforceable beyond the statutory outer time limit of one… Read More »

Unchallenged Settlement Deed and duly proved registered Will negate partition claim through alleged benami transaction.

By | August 5, 2026
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Unchallenged Settlement Deed and duly proved registered Will negate partition claim through alleged benami transaction. Issue Whether a suit for partition claiming property rights through an alleged benami purchase is maintainable when the absolute title under an unchallenged Settlement Deed and the execution of a registered Will are duly proved. Facts The appellant, daughter of… Read More »

In view of Sections 16(5) and 16(6), demand for belated ITC was set aside and matter remanded.

By | August 5, 2026
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In view of Sections 16(5) and 16(6), demand for belated ITC was set aside and matter remanded. In view of Sections 16(5) and 16(6), demand for belated ITC was set aside and matter remanded. Issue Whether an assessment order confirming a demand for belated availing of Input Tax Credit (ITC) under Section 16(4) should be… Read More »