SLP Dismissed as Reopening Notice Lacking Sanction from Specified Authority Under Section 151 Is Invalid Issue Whether a reassessment notice issued under Section 148 is legally sustainable when sanction for its issuance was granted by the Commissioner (Exemption) instead of the Joint Commissioner specified under Section 151 of the Income-tax Act, 1961. Facts Assessment Year:… Read More »
Reopening notice under Section 148 is invalid when issued without sanction from the specified authority. Issue Whether a reassessment notice issued under Section 148 of the Income-tax Act, 1961 is valid when approval was granted by the Commissioner (Exemption) instead of the Joint Commissioner specified under Section 151, considering the time relaxation provisions under TOLA,… Read More »
Show Cause Notice Issued Beyond Statutory Limitation and Lacking Foundational Allegations of Fraud Is Unsustainable Issue Whether a Show Cause Notice issued under Section 73 after the extended outer limitation period for FYs 2018-19, 2019-20, and 2020-21 is time-barred and legally unsustainable. Whether invoking the extended period of limitation under Section 74 is valid when… Read More »
Detention of Goods and Penalty Upheld Due to E-Way Bill Mismatch and Intention to Evade Tax Issue Whether the Supreme Court should interfere with the High Court order upholding detention and penalty under Section 129 when goods were transported without a valid e-way bill and under misdeclared tax rates. Facts Interception & Detention: Goods belonging… Read More »
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 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 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. 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 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 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 »