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    August 18, 2026   Case LawsIncome Tax
    Electricity network contributions remain revenue expenditure where ownership and maintenance stay with the electricity board, supporting business prof...
    August 18, 2026   Case LawsIncome Tax
    Reassessment beyond four years fails where recorded reasons produce no addition and full disclosure conditions remain unmet.
    August 18, 2026   Case LawsIncome Tax
    Business loss carry-forward fails where intervening returns were not filed, preventing determination of unabsorbed losses for set-off.
    August 18, 2026   Case LawsIncome Tax
    Section 263 revision fails where completed inquiry shows no identifiable revenue prejudice from unsecured loans or trade payables.
    August 18, 2026   Case LawsIncome Tax
    TDS on cash withdrawals remains the bank's responsibility, and unsupported liens over customer accounts must be released.
    August 18, 2026   Case LawsIncome Tax
    Digital advertising and search optimisation costs remain revenue expenditure when they create no capital asset or enduring capital advantage.
    August 18, 2026   Case LawsIncome Tax
    Third-party search assessments fail after the statutory cut-off, while unrelated cash-acceptance penalties remain subject to strict limitation.
    August 18, 2026   Case LawsIncome Tax
    Interest expenditure linked to interest-bearing advances is deductible against taxable interest income when the borrowing nexus is established.
    August 18, 2026   Case LawsIncome Tax
    Consequential cash-receipt penalty fails when the underlying addition is deleted and seized material does not implicate the assessee.
    August 18, 2026   Case LawsIncome Tax
    Post-purchase residential reconstruction costs qualify for capital gains exemption when they genuinely improve the acquired house for residence.
    August 18, 2026   Case LawsIncome Tax
    Co-operative society deposit interest may retain business-income character, subject to statutory deposit conditions and factual verification.
    August 18, 2026   Case LawsIncome Tax
    Reassessment of a dissolved firm fails where successor income was already assessed and recorded reasons lacked transaction-specific material.
    August 18, 2026   Case LawsIncome Tax
    Commission expenditure linked to pharmaceutical marketing income qualifies as business deduction when recipient identity, genuineness and business pur...
    August 18, 2026   Case LawsIncome Tax
    Section 87A rebate applies to tax on listed equity short-term capital gains taxed at the special rate.
    August 18, 2026   Case LawsIncome Tax
    Unabsorbed depreciation retains its character and can offset house-property income despite absence of positive business income.
    August 18, 2026   Case LawsIncome Tax
    Business expenditure and hedging premium claims remain allowable, while plant-related receipts reduce capital work-in-progress.
    August 18, 2026   Case LawsIncome Tax
    Captive wind-power profits use consumer tariff for deduction; unsupported payment disallowance for alleged withholding failures cannot stand.
    August 18, 2026   Case LawsIncome Tax
    Indexed cost of improvement requires proof of actual works and payments; estimates and quotations cannot support the claim.
    August 18, 2026   Case LawsIncome Tax
    Penny-stock sale additions require taxpayer-linked evidence, while undisclosed exempt capital gains can justify reassessment proceedings.
    August 18, 2026   Case LawsCustoms
    Evidentiary currency seizure under customs law remains retainable despite expiry of the notice period for confiscation proceedings.
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    August 18, 2026   Case Laws Income Tax
    Electricity network contributions remain revenue expenditure where ownership and maintenance stay with the electricity board, supporting business profitability.
    August 18, 2026   Case Laws Income Tax
    Reassessment beyond four years fails where recorded reasons produce no addition and full disclosure conditions remain unmet.
    August 18, 2026   Case Laws Income Tax
    Business loss carry-forward fails where intervening returns were not filed, preventing determination of unabsorbed losses for set-off.
    August 18, 2026   Case Laws Income Tax
    Section 263 revision fails where completed inquiry shows no identifiable revenue prejudice from unsecured loans or trade payables.
    August 18, 2026   Case Laws Income Tax
    TDS on cash withdrawals remains the bank's responsibility, and unsupported liens over customer accounts must be released.
    August 18, 2026   Case Laws Income Tax
    Digital advertising and search optimisation costs remain revenue expenditure when they create no capital asset or enduring capital advantage.
    August 18, 2026   Case Laws Income Tax
    Third-party search assessments fail after the statutory cut-off, while unrelated cash-acceptance penalties remain subject to strict limitation.
    August 18, 2026   Case Laws Income Tax
    Interest expenditure linked to interest-bearing advances is deductible against taxable interest income when the borrowing nexus is established.
    August 18, 2026   Case Laws Income Tax
    Consequential cash-receipt penalty fails when the underlying addition is deleted and seized material does not implicate the assessee.
    August 18, 2026   Case Laws Income Tax
    Post-purchase residential reconstruction costs qualify for capital gains exemption when they genuinely improve the acquired house for residence.
    August 18, 2026   Case Laws Income Tax
    Co-operative society deposit interest may retain business-income character, subject to statutory deposit conditions and factual verification.
    August 18, 2026   Case Laws Income Tax
    Reassessment of a dissolved firm fails where successor income was already assessed and recorded reasons lacked transaction-specific material.
    August 18, 2026   Case Laws Income Tax
    Commission expenditure linked to pharmaceutical marketing income qualifies as business deduction when recipient identity, genuineness and business purpose are established.
    August 18, 2026   Case Laws Income Tax
    Section 87A rebate applies to tax on listed equity short-term capital gains taxed at the special rate.
    August 18, 2026   Case Laws Income Tax
    Unabsorbed depreciation retains its character and can offset house-property income despite absence of positive business income.
    August 18, 2026   Case Laws Income Tax
    Business expenditure and hedging premium claims remain allowable, while plant-related receipts reduce capital work-in-progress.
    August 18, 2026   Case Laws Income Tax
    Captive wind-power profits use consumer tariff for deduction; unsupported payment disallowance for alleged withholding failures cannot stand.
    August 18, 2026   Case Laws Income Tax
    Indexed cost of improvement requires proof of actual works and payments; estimates and quotations cannot support the claim.
    August 18, 2026   Case Laws Income Tax
    Penny-stock sale additions require taxpayer-linked evidence, while undisclosed exempt capital gains can justify reassessment proceedings.
    August 18, 2026   Case Laws Customs
    Evidentiary currency seizure under customs law remains retainable despite expiry of the notice period for confiscation proceedings.

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      Home› Highlights › GST › 2023 › February, 2023 › This
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      GST

      Validity of summary of the show cause notice in Form GST DRC-01...

      Form GST DRC-01 summary cannot replace formal notice u/s 74(1); violates natural justice, court challenge allowed.

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      GSTFebruary 7, 2023Case LawsHC
      Validity of summary of the show cause notice in Form GST DRC-01 - Summary of SCN in Form DRC-01 is not a substitute of SCN u/s 74(1) - The impugned show cause notice in both the cases does not fulfill the ingredients of a proper show- cause notice and thus amounts to violation of principles of natural justice, the challenge is maintainable in exercise of writ jurisdiction of this Court - HC
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