Tag Archives: HIGH COURT OF TELANGANA

Purchasing shares pre-bonus and selling post-bonus generating short-term capital loss is not an impermissible avoidance arrangement under GAAR.

By | October 21, 2026
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Purchasing shares pre-bonus and selling post-bonus generating short-term capital loss is not an impermissible avoidance arrangement under GAAR. Issue Whether purchasing shares of listed companies prior to bonus declaration and selling them post-allotment to generate a short-term capital loss constitutes an “arrangement” under Section 102 or an “impermissible avoidance arrangement” under Section 96(1) attracting General… Read More »

Assessee Cannot Challenge Jurisdiction Transfer under Section 127 After Consenting and Participating in Central Circle Assessments

By | October 15, 2026
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Assessee Cannot Challenge Jurisdiction Transfer under Section 127 After Consenting and Participating in Central Circle Assessments Issue Whether transfer orders passed under Section 127 and consequential assessment orders under Sections 153A, 153C, and 144 can be challenged on technical grounds of non-service or procedural lapses when the assessee had consented to centralization and actively participated… Read More »

Reassessment notice issued beyond limitation without unrecorded income revelation and on taxed demerged business income is invalid

By | October 13, 2026
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Reassessment notice issued beyond limitation without unrecorded income revelation and on taxed demerged business income is invalid Issue Whether information on the Insight portal regarding transactions already disclosed and taxed in the hands of a resulting post-demerger company constitutes valid “information” indicating income escapement under Section 148. Whether passing an order under Section 148A(d) for… Read More »

Reassessment Order Passed Solely for In-Depth Scrutiny Without Finding Income Escapement Is Invalid

By | October 7, 2026
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Reassessment Order Passed Solely for In-Depth Scrutiny Without Finding Income Escapement Is Invalid Reassessment Order Passed Solely for In-Depth Scrutiny Without Finding Income Escapement Is Invalid Issue Whether an order under Section 148A(3) and consequential notice under Section 148 are valid when the Assessing Officer proceeds solely on the premise that voluminous transactions require in-depth… Read More »

Reassessment Notice Issued in Name of Non-Existing Entity Is Legally Invalid and Unsustainable

By | September 30, 2026
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Reassessment Notice Issued in Name of Non-Existing Entity Is Legally Invalid and Unsustainable Reassessment Notice Issued in Name of Non-Existing Entity Is Legally Invalid and Unsustainable Issue Whether a notice issued under Section 148 of the Income-tax Act, 1961 in the name of a non-existing or dissolved entity is legally valid and sustainable. Facts Assessee… Read More »

Interest Applies When Tax Is Paid Late Via Delayed GSTR3B Filing Despite Cash Balance

By | September 28, 2026
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Interest Applies When Tax Is Paid Late Via Delayed GSTR3B Filing Despite Cash Balance Issue Whether mere deposit of funds into the Electronic Cash Ledger without debiting it through GSTR-3B return within the due date amounts to payment of tax. Whether statutory interest under Section 50 is applicable for the delay period between depositing money… Read More »

Anticipatory bail is granted under GST where evidence is documentary, cooperation is promised, and custodial interrogation is unnecessary.

By | September 22, 2026
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Anticipatory bail is granted under GST where evidence is documentary, cooperation is promised, and custodial interrogation is unnecessary. Issue Whether petitioners alleged of claiming fraudulent Input Tax Credit (ITC) are entitled to anticipatory bail under Section 482 of BNSS when primary evidence is documentary, cooperation is undertaken, but the Department seeks custodial interrogation to trace… Read More »

Tax Authority Cannot Reject Consequential GST Refund Without Stay Order or Compliance With Withholding Safeguards

By | September 15, 2026
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Tax Authority Cannot Reject Consequential GST Refund Without Stay Order or Compliance With Withholding Safeguards Issue Whether a refund officer can reject a consequential GST refund claim following a favorable appellate order on the grounds of a proposed departmental appeal, non-finality, or capitalization, without a stay order or compliance with the statutory withholding mechanism under… Read More »

Conditional Stay Orders Relying Mechanically on 20% Deposit Guidelines Are Unsustainable and Remanded for Independent Decision

By | September 12, 2026
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Conditional Stay Orders Relying Mechanically on 20% Deposit Guidelines Are Unsustainable and Remanded for Independent Decision Conditional Stay Orders Relying Mechanically on 20% Deposit Guidelines Are Unsustainable and Remanded for Independent Decision Issue Whether an authority deciding a stay application under Section 220(6) must independently exercise its discretionary powers rather than mechanically relying on CBDT… Read More »

Deduction allowed under Section 80IB cannot be reduced while computing deduction under Section 80HHC.

By | September 5, 2026
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Deduction allowed under Section 80IB cannot be reduced while computing deduction under Section 80HHC. Issue Whether the Assessing Officer was justified in reducing the deduction already allowed under Section 80IB from the eligible profits while computing the deduction available under Section 80HHC of the Income-tax Act, 1961. Facts Assessee Profile: The assessee is a public… Read More »