Tag Archives: SUPREME COURT OF INDIA

Show Cause Notice Issued Beyond COVID-Extended Limitation and Lacking Particulars Is Legally Unsustainable

By | August 28, 2026
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Show Cause Notice Issued Beyond COVID-Extended Limitation and Lacking Particulars Is Legally Unsustainable Show Cause Notice Issued Beyond COVID-Extended Limitation and Lacking Particulars Is Legally Unsustainable Issue Whether a Show Cause Notice (SCN) issued under Sections 73 and 74 for FY 2018-19 is legally valid when issued past the COVID-extended limitation period and based on… Read More »

Supreme Court Grants SLP Against High Court Refusal to Quash Prosecution for Belated Return Filing

By | August 21, 2026
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Supreme Court Grants SLP Against High Court Refusal to Quash Prosecution for Belated Return Filing Supreme Court Grants SLP Against High Court Refusal to Quash Prosecution for Belated Return Filing Issue Whether a Special Leave Petition (SLP) should be granted against a High Court judgment that refused to quash Section 276CC criminal prosecution complaints initiated… Read More »

Reopening Notice Under Sanction of Principal Commissioner Instead of Specified Joint Commissioner Under Section 151(2) Is Void

By | August 21, 2026
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Reopening Notice Under Sanction of Principal Commissioner Instead of Specified Joint Commissioner Under Section 151(2) Is Void Reopening Notice Under Sanction of Principal Commissioner Instead of Specified Joint Commissioner Under Section 151(2) Is Void Issue Whether a reassessment notice issued under Section 148 for AY 2015-16, deemed to be within four years under Section 3… Read More »

Provision for discount created using a scientific method and fully discharged in subsequent years is allowable business expenditure.

By | August 21, 2026
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Provision for discount created using a scientific method and fully discharged in subsequent years is allowable business expenditure. Provision for discount created using a scientific method and fully discharged in subsequent years is allowable business expenditure. Issue Whether a provision for discount created on a scientific basis and subsequently fully discharged constitutes an allowable business… Read More »

Revenue Appeal Dismissed As Monetary Threshold Below CBDT Limits Applies Retroactively To Pending Matters

By | August 20, 2026
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Revenue Appeal Dismissed As Monetary Threshold Below CBDT Limits Applies Retroactively To Pending Matters Issue Whether an Income Tax Appeal filed by the Revenue before the High Court is maintainable when the disputed tax value is below the revised monetary threshold of ₹2 crores prescribed by the CBDT Circular dated 17 September 2024. Facts Appeal… Read More »

Supreme Court Dismisses Revenue SLP As Revision Under Section 263 Requires Independent Proof Of Error And Prejudice

By | August 20, 2026
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Supreme Court Dismisses Revenue SLP As Revision Under Section 263 Requires Independent Proof Of Error And Prejudice Supreme Court Dismisses Revenue SLP As Revision Under Section 263 Requires Independent Proof Of Error And Prejudice Issue Whether a revision order passed under Section 263 is valid when the tax authority fails to independently record and establish… Read More »

Supreme Court Dismisses SLP Since Section 74 Demands Fail Without Specific Findings Of Fraud

By | August 19, 2026
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Supreme Court Dismisses SLP Since Section 74 Demands Fail Without Specific Findings Of Fraud Supreme Court Dismisses SLP Since Section 74 Demands Fail Without Specific Findings Of Fraud Issue Whether proceedings under Section 74 can be sustained against a buyer for claiming Input Tax Credit when the taxpayer proves actual movement of goods and tax… Read More »

SLP Dismissed As Reassessment Cannot Be Initiated Based Solely On Bank Debit-Credit Entries Without Evidence Of Escaped Income

By | August 19, 2026
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SLP Dismissed As Reassessment Cannot Be Initiated Based Solely On Bank Debit-Credit Entries Without Evidence Of Escaped Income Issue Whether reassessment under Section 148 read with Section 148A can be sustained when initiated solely on high-value bank debit and credit entries, despite the assessee explaining all banking transactions with complete documentary evidence and no cash… Read More »

High Courts cannot grant interim protection from arrest while dismissing a pre-arrest bail application.

By | August 18, 2026
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High Courts cannot grant interim protection from arrest while dismissing a pre-arrest bail application. Issue Whether a High Court or Sessions Court, while rejecting an application for pre-arrest bail, has the jurisdiction to grant or extend interim protection from arrest for a specified period. Facts Pre-Arrest Bail Application: The respondent filed an application for pre-arrest… Read More »

Revision under Section 264 cannot be invoked to amend a return after the statutory time limit expires.

By | August 18, 2026
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Revision under Section 264 cannot be invoked to amend a return after the statutory time limit expires. Issue Whether a taxpayer who failed to claim a statutory deduction/tolerance limit under Section 43CA in their original return, and did not file a revised return within the prescribed statutory period, can seek to amend their income/tax liability… Read More »