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    July 11, 2026   Case LawsGST
    Fraud-based GST assessment cannot stand without allegations of fraud, wilful misstatement or suppression; proceedings must follow normal classificatio...
    July 11, 2026   Case LawsGST
    Statutory rectification remedy bars writ scrutiny of input tax credit disallowance; competent authority must decide the claim.
    July 11, 2026   Case LawsGST
    Show cause notice controls parallel GST proceedings; other authorities must halt separate action and share material.
    July 11, 2026   Case LawsGST
    Deemed withdrawal of GST best judgment assessment follows belated return filing with full tax, interest and late fee payment.
    July 11, 2026   Case LawsGST
    Statutory appeal rights preserved through writ jurisdiction when delay is explained and merits remain open
    July 11, 2026   Case LawsGST
    Statutory pre-deposit and delay condonation: liberty granted to challenge the order, with merits left open for appellate consideration.
    July 11, 2026   Case LawsIncome Tax
    Genuine hardship can justify condonation of delayed Form 10-IC filing for concessional section 115BAA tax relief
    July 11, 2026   Case LawsIncome Tax
    Corporate insolvency resolution plan bars post-approval tax demands founded on later notices, leaving assessment unsustainable.
    July 11, 2026   Case LawsIncome Tax
    Express statutory bar on probation relief for Income-tax Act convictions leaves conviction intact and sentence open for reconsideration.
    July 11, 2026   Case LawsIncome Tax
    Appellate enhancement cannot add a new source of income not examined in the original assessment.
    July 11, 2026   Case LawsIncome Tax
    Limitation for penalty notices under section 275(1)(c) turned on the second limb when no assessment was initiated.
    July 11, 2026   Case LawsIncome Tax
    Working capital adjustment on delayed associated enterprise receivables failed where the branch was debt-free and head-office funded.
    July 11, 2026   Case LawsIncome Tax
    Protective additions fall when substantive additions are deleted; bank deposits need seized incriminating material for search assessments.
    July 11, 2026   Case LawsIncome Tax
    Business expenditure on margin shortfall charges and borrowed-fund interest allowed; LIC commission deduction remained partly restricted
    July 11, 2026   Case LawsIncome Tax
    Mandatory reassessment notice under section 143(2) required when return under section 148 is acted upon.
    July 11, 2026   Case LawsIncome Tax
    Charitable hospital registration: medical relief remains charitable, IPF scheme breach and retrospective cancellation were unsustainable.
    July 11, 2026   Case LawsIncome Tax
    Final assessment orders must conform to binding directions; non-compliant order quashed and remaining issues left open.
    July 11, 2026   Case LawsIncome Tax
    Development rights under redevelopment agreement taxed as capital gains; residuary income head rejected, with bond exemption allowed.
    July 11, 2026   Case LawsBenami Property
    Benami routing of demonetised cash through RTGS sustained; denial of cross-examination caused no prejudice on facts.
    July 11, 2026   Case LawsBenami Property
    Benami determination set aside for inconsistent findings and incomplete evidence review; matter remanded with status quo maintained.
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    July 11, 2026   Case Laws GST
    Fraud-based GST assessment cannot stand without allegations of fraud, wilful misstatement or suppression; proceedings must follow normal classification.
    July 11, 2026   Case Laws GST
    Statutory rectification remedy bars writ scrutiny of input tax credit disallowance; competent authority must decide the claim.
    July 11, 2026   Case Laws GST
    Show cause notice controls parallel GST proceedings; other authorities must halt separate action and share material.
    July 11, 2026   Case Laws GST
    Deemed withdrawal of GST best judgment assessment follows belated return filing with full tax, interest and late fee payment.
    July 11, 2026   Case Laws GST
    Statutory appeal rights preserved through writ jurisdiction when delay is explained and merits remain open
    July 11, 2026   Case Laws GST
    Statutory pre-deposit and delay condonation: liberty granted to challenge the order, with merits left open for appellate consideration.
    July 11, 2026   Case Laws Income Tax
    Genuine hardship can justify condonation of delayed Form 10-IC filing for concessional section 115BAA tax relief
    July 11, 2026   Case Laws Income Tax
    Corporate insolvency resolution plan bars post-approval tax demands founded on later notices, leaving assessment unsustainable.
    July 11, 2026   Case Laws Income Tax
    Express statutory bar on probation relief for Income-tax Act convictions leaves conviction intact and sentence open for reconsideration.
    July 11, 2026   Case Laws Income Tax
    Appellate enhancement cannot add a new source of income not examined in the original assessment.
    July 11, 2026   Case Laws Income Tax
    Limitation for penalty notices under section 275(1)(c) turned on the second limb when no assessment was initiated.
    July 11, 2026   Case Laws Income Tax
    Working capital adjustment on delayed associated enterprise receivables failed where the branch was debt-free and head-office funded.
    July 11, 2026   Case Laws Income Tax
    Protective additions fall when substantive additions are deleted; bank deposits need seized incriminating material for search assessments.
    July 11, 2026   Case Laws Income Tax
    Business expenditure on margin shortfall charges and borrowed-fund interest allowed; LIC commission deduction remained partly restricted
    July 11, 2026   Case Laws Income Tax
    Mandatory reassessment notice under section 143(2) required when return under section 148 is acted upon.
    July 11, 2026   Case Laws Income Tax
    Charitable hospital registration: medical relief remains charitable, IPF scheme breach and retrospective cancellation were unsustainable.
    July 11, 2026   Case Laws Income Tax
    Final assessment orders must conform to binding directions; non-compliant order quashed and remaining issues left open.
    July 11, 2026   Case Laws Income Tax
    Development rights under redevelopment agreement taxed as capital gains; residuary income head rejected, with bond exemption allowed.
    July 11, 2026   Case Laws Benami Property
    Benami routing of demonetised cash through RTGS sustained; denial of cross-examination caused no prejudice on facts.
    July 11, 2026   Case Laws Benami Property
    Benami determination set aside for inconsistent findings and incomplete evidence review; matter remanded with status quo maintained.

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      Home› Highlights › Income Tax › 2023 › January, 2023 › This
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      Income Tax

      Reopening of assessment u/s 147 - Jurisdiction to issue sanction...

      High Court Quashes Tax Notice: Improper Jurisdiction in Section 147 Assessment Due to Incorrect Approval u/s 151(ii.

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      Income TaxJanuary 11, 2023Case LawsHC
      Reopening of assessment u/s 147 - Jurisdiction to issue sanction - appropriate authority to grant approval for issuance of notice u/s. 148 - the approval for issuance of notice u/s. 148 ought not have been obtained from the Additional Commissioner of Income Tax but from the authority specifically mentioned u/s. 151(ii) of the Act - Notice quashed - HC
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