Tag Archives: SUPREME COURT OF INDIA

Supreme Court dismisses Revenue’s SLP, upholding disallowance of bogus purchases restricted to six percent.

By | September 25, 2026
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Supreme Court dismisses Revenue’s SLP, upholding disallowance of bogus purchases restricted to six percent. Supreme Court dismisses Revenue’s SLP, upholding disallowance of bogus purchases restricted to six percent. Issue Whether the Special Leave Petition (SLP) filed by the Revenue should be entertained against the High Court’s order upholding the Tribunal’s decision to restrict the disallowance… Read More »

Supreme Court Permits GSTAT Appeal Without Pre-Deposit Pending Special Leave Petition Determination

By | September 22, 2026
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Supreme Court Permits GSTAT Appeal Without Pre-Deposit Pending Special Leave Petition Determination Supreme Court Permits GSTAT Appeal Without Pre-Deposit Pending Special Leave Petition Determination Issue Whether a writ petition under Article 226 is maintainable to bypass the alternative statutory remedy under Section 112 of the CGST Act, and whether an appellate tribunal can be directed… Read More »

Premium from selling export quota entitlements is ineligible for deduction under Section 80HHC.

By | September 22, 2026
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Premium from selling export quota entitlements is ineligible for deduction under Section 80HHC. Issue Whether an assessee-exporter is entitled to claim deduction under Section 80HHC of the Income-tax Act, 1961 on the premium earned from the sale or transfer of export quota entitlements, relying upon a CBDT Office Memorandum. Facts Assessment Year: AY 2001-02. Quota… Read More »

High Court rightly upheld Section 263 revision as export quota premium exclusion under Section 80HHC was erroneous.

By | September 22, 2026
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High Court rightly upheld Section 263 revision as export quota premium exclusion under Section 80HHC was erroneous. Issue Whether the High Court was justified in upholding the Commissioner’s revisional jurisdiction under Section 263, which set aside the assessment for failure to exclude 90% of export quota premium from business profits under Explanation (baa) to Section… Read More »

SLP Dismissed as Vague Show Cause Notice Lacking Specific Grounds Cannot Sustain Section 271(1)(c) Penalty

By | September 21, 2026
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SLP Dismissed as Vague Show Cause Notice Lacking Specific Grounds Cannot Sustain Section 271(1)(c) Penalty SLP Dismissed as Vague Show Cause Notice Lacking Specific Grounds Cannot Sustain Section 271(1)(c) Penalty Issue Whether a penalty under section 271(1)(c) can be sustained when the show cause notice issued by the Assessing Officer is vague due to non-striking… Read More »

Reassessment notice under Section 148 is invalid after Settlement Commission order under Section 245D(4) attains finality.

By | September 21, 2026
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Reassessment notice under Section 148 is invalid after Settlement Commission order under Section 245D(4) attains finality. Issue Whether the Assessing Officer has jurisdiction to issue a reassessment notice under Section 148 to reopen an assessment after the Income Tax Settlement Commission (ITSC) has passed a final order under Section 245D(4) concluding the assessment for that… Read More »

Section 153C proceedings are invalid without incriminating material directly linking the searched third party to the assessee.

By | September 21, 2026
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Section 153C proceedings are invalid without incriminating material directly linking the searched third party to the assessee. Issue Whether notice and assessment proceedings under Section 153C are sustainable when digital data seized during a search under Section 132 has no direct nexus with the assessee, and additional land documents were provided post-search rather than seized… Read More »

Penalty Proceedings Under Section 271E Quashed as Satisfaction Was Not Recorded in Reassessment Order

By | September 19, 2026
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Penalty Proceedings Under Section 271E Quashed as Satisfaction Was Not Recorded in Reassessment Order Penalty Proceedings Under Section 271E Quashed as Satisfaction Was Not Recorded in Reassessment Order Issue Whether penalty proceedings under Section 271E can be validly initiated when no satisfaction was recorded by the Assessing Officer in the reassessment order prior to concluding… Read More »

Writ Petition Challenging Delayed Intimation Dismissed for Laches; Assessee Directed to Pursue Tribunal Remedy

By | September 19, 2026
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Writ Petition Challenging Delayed Intimation Dismissed for Laches; Assessee Directed to Pursue Tribunal Remedy Writ Petition Challenging Delayed Intimation Dismissed for Laches; Assessee Directed to Pursue Tribunal Remedy Issue Whether a writ petition filed after a delay of more than 5 years against an order dismissing an appeal on grounds of delay is maintainable when… Read More »

Section 148 notice valid: extended time for assessee’s reply is excluded from limitation period.

By | September 19, 2026
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Section 148 notice valid: extended time for assessee’s reply is excluded from limitation period. Issue Whether the time or extended time granted to an assessee to respond to a show-cause notice under Section 148A(b) should be excluded when computing the limitation period for passing an order under Section 148A(d) and issuing a reassessment notice under… Read More »