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Court rules that withholding tax on dividends for Dutch companies in India shou…
In the case of Concentrix Services Netherlands B.V. & Anr. vs. Income Tax Officer (TDS) & Anr., the court addressed a dispute over the withholding tax rate on dividends paid from Indian companies to Dutch companies. The main issue was whether the ta…
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High Court upholds taxpayer’s win: Section 50C wrongly applied when total sale …
This case involves a dispute between the Principal Commissioner of Income Tax and Shailja Pasricha over the application of Section 50C of the Income Tax Act. The tax department tried to add Rs. 9.6 crores to Ms. Pasricha’s income, claiming she shoul…
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Court rejects tax addition based on third-party documents without proper eviden…
This case involves a tax dispute where the Income Tax Department tried to add Rs. 4 crores to Ganesh Plantation Ltd.'s income based on documents seized from a completely different company (Venus Group). The tax authorities claimed this was “unexplai…
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Tax dept loses appeal on penny stock scam due to retrospective circular interpr…
This case involves the Principal Commissioner of Income Tax challenging a decision by the Income Tax Appellate Tribunal (ITAT). The tax department wanted to pursue an appeal against Denisha Rajendra Keshwani regarding alleged bogus Long Term Capital…
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Court quashes tax assessments for giving charity only 48 hours to respond
This case involves a charitable society called Sree Narayana Dharma Sabha Sreyas that got into trouble with the Income Tax Department. The charity filed returns showing zero income for two years (2015-16 and 2016-17), claiming all their income went …
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Court rules Section 80AB can’t limit tax deductions under Sections 80I & 80HH
This case involved Win Laboratories Ltd. challenging a tax tribunal’s decision that required them to set off losses from one division against profits from another before claiming tax deductions. The High Court sided with the company, ruling that Sec…
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Gauhati High Court Revokes GST Registration Cancellations, Upholds Taxpayer Rig…
In a significant ruling, the Gauhati High Court addressed the cancellation of GST registrations for multiple petitioners, emphasizing the need for proper notice and opportunity to be heard before such actions are taken. The court quashed the cancell…
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Delhi HC defers GST notification challenge, lets taxpayer re-argue case pending…
Garg Agency challenged the validity of certain GST notifications and related orders, arguing they were issued without proper procedure. The Delhi High Court, noting that the Supreme Court is already considering the same issue, set aside the ex-parte…
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Delhi High Court directs GST fraud petitioners to appeal, not seek writ relief
This case involves several traders accused of fraudulently availing Input Tax Credit (ITC) under the Central Goods and Services Tax Act, 2017 (CGST Act) by generating fake invoices without actual supply of goods. The petitioners challenged the tax a…
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Delhi HC: Refund Can’t Be Withheld Without Appeal Against Appellate Order
This case involves M/s JVG Technology Private Limited, an exporter of mobile phones, who sought a GST refund that was initially denied by the tax department but later allowed by the Appellate Authority. Despite this, the department withheld the refu…
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Delhi High Court defers GST notification challenge, directs appeal on merits pe…
This case involves Bharat Construction & Tank Cleaner, which challenged GST show cause notices and related notifications, arguing procedural lapses and lack of opportunity to be heard. The Delhi High Court declined to interfere with the tax order, d…
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Delhi High Court Refuses Writ Relief in GST Fake ITC Case, Directs Appeal Route
This case involves Standard Cartons Pvt Ltd challenging a penalty order for allegedly availing fake Input Tax Credit (ITC) under the GST regime. The Delhi High Court declined to interfere through its writ jurisdiction, citing the seriousness of the …
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Court rules on GST refund interest dispute, granting partial relief to G.S. Ind…
Goods & Services Tax,Jun. 07, 2025In the case of G.S. Industries vs. Commissioner of Central Tax and GST Delhi West, the petitioner challenged the rejection of part of their interest claim on a GST refund. The court ultimately decided to grant some interest but not the full amount sought by the petitioner.
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Court Remands GST Case for Personal Hearing, Leaving Notification Validity Open
Goods & Services Tax,Jun. 07, 2025In the case of Raj Kumar Aggarwal (through legal heir Sandeep Aggarwal) vs. Union of India, the High Court of Delhi addressed a petition challenging a Show Cause Notice and a demand order related to GST. The court decided to remand the case for a personal hearing, emphasizing the need for fair process, while leaving the validity of the contested GST notifications open for future determination.
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Court grants Oak Holidays & Resorts an extension for tax payment due to COVID-1…
Goods & Services Tax,Jun. 07, 2025In the case of Oak Holidays & Resorts India Pvt. Ltd. vs. Union of India & Ors., the petitioner sought relief from tax demands due to financial difficulties exacerbated by the COVID-19 pandemic. The court ruled in favor of the petitioner, allowing an extension for tax payments under the Sabka Vishwas (Legacy Dispute Resolution) Scheme.
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Court grants extension for tax payment under the Sabka Vishwas Scheme due to CO…
Service Tax,Jun. 07, 2025In the case of Oak Construction & Properties Pvt. Ltd. vs. Union of India & Ors., the petitioner sought relief from tax demands under the Sabka Vishwas (Legacy Dispute Resolution) Scheme due to financial difficulties caused by the COVID-19 pandemic. The court ruled in favor of the petitioner, allowing an extension for tax payment and ordering a recalculation of the tax liability.
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Bidder’s Technical Rejection Dispute Withdrawn, Fresh Filing Allowed by Calcutt…
Others,Jun. 07, 2025This case involves Gobinda Mandal challenging the rejection of his technical bid for a government e-tender by the Pradhan of Bulbulchandi Gram Panchayat, Malda. The main issue was whether his bid was wrongly rejected for not submitting an audited balance sheet. The court ultimately allowed the petitioner to withdraw his case with the liberty to file a fresh petition, as the relevant authority had already passed an order on his representation, which…
Court rules on tax exemption claims of Assam industries amid GST transition.
This case involves three writ petitions filed by industrial units in Assam seeking tax exemptions under the Industrial Policy of Assam 2008 and the Assam Industries (Tax Exemption) Scheme, 2009. The court addressed whether the state government could withdraw promised tax benefits after the introduction of the GST regime. The court ultimately ruled against the petitioners, stating that the government was not bound to continue the exemptions due to c…
Goods & Services Tax,Jun. 07, 2025-
Gauhati High Court Quashes GST Time Extension Notification for Lack of GST Coun…
Goods & Services Tax,Jun. 07, 2025This case involves Mahabir Tiwari challenging a government notification that extended the time limit for issuing GST orders for the financial years 2018-19 and 2019-20. The court found that the extension was made without the required recommendation from the GST Council and without a valid reason (force majeure), making the notification and subsequent tax orders invalid. The court set aside the notification and the tax demand against Tiwari.
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Court Upholds TPO Reference in Limited Scrutiny: No Overreach Found
Income Tax,Jun. 11, 2021This case involves M/s. Transsys Solutions Private Limited challenging the Income Tax Department’s decision to refer their case to the Transfer Pricing Officer (TPO) for determining the Arm’s Length Price (ALP) of international transactions, even though their case was selected for “limited scrutiny.” The High Court ultimately sided with the tax authorities, holding that the reference to the TPO was valid and within the law, dismissing the company’s…
No Retrospective Effect: Amendments to Society Bye-laws Only Apply Prospectivel…
Income Tax,Jun. 11, 2021This case is about whether amendments made to the bye-laws of a society can be applied retrospectively when granting registration under Section 12AA of the Income Tax Act. The High Court decided that such amendments only take effect from the date they are made, not from an earlier date, and set aside the Tribunal’s order that had allowed retrospective registration.
Same Income Can’t Be Taxed Twice: Court Nixes Double Tax on Undisclosed Swiss A…
This case revolves around whether the same undisclosed foreign income can be taxed in multiple assessment years. The tax authorities tried to tax the same amount found in a Swiss bank account across different years, but the court ruled that this is not allowed. The court sided with the taxpayer, confirming that the same income cannot be taxed twice, and dismissed the tax department’s appeals.
Income Tax,Jun. 11, 2021-
Income Tax , Jun. 11. 2021Windmills, Depreciation, and Passive Use: Court Upholds Assessee’s Claim
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Income Tax , Jun. 11. 2021High Court Quashes Income Tax Reopening Order, Directs Fresh Consideration of O…
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Income Tax , Jun. 11. 2021
Court allows interim stay on tax assessment notices amid settlement law changes
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Income Tax , Jun. 11. 2021Court Rules Notices Issued to Deceased Taxpayers Are Invalid and Unenforceable
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Income Tax , Jun. 11. 2021
Court affirms Assessing Officer’s authority to reopen tax assessments based on …
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