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    July 24, 2026   Case LawsGST
    Advance-ruling mechanism governs pending GST classification, exemption and taxability disputes, limiting writ review once the specialised forum functi...
    July 24, 2026   Case LawsGST
    Proceedings against an amalgamated company are invalid when initiated after its dissolution; successor companies retain standing to challenge them.
    July 24, 2026   Case LawsGST
    Effective hearing in GST adjudication requires a merits reply and consideration of procedural requests before final determination.
    July 24, 2026   Case LawsGST
    Reasoned tax notices and access to defence documents are essential; defective input tax credit proceedings require fresh adjudication.
    July 24, 2026   Case LawsGST
    Works contract transition to GST: prior tax components deducted from contract value did not establish double taxation.
    July 24, 2026   Case LawsIncome Tax
    Judicial allowances treated as non-income receipts receive interim protection despite restrictions under the optional new tax regime.
    July 24, 2026   Case LawsIncome Tax
    Virtual hearing rights in faceless income-tax appeals protect natural justice; denial requires fresh appellate hearing and invalidates consequential p...
    July 24, 2026   Case LawsIncome Tax
    Draft assessment order requirement protects non-resident taxpayers' Dispute Resolution Panel remedy; bypassing it invalidates a prejudicial assessment...
    July 24, 2026   Case LawsIncome Tax
    Reasoned administrative orders are essential to natural justice; unreasoned stay rejections require fresh determination through speaking orders.
    July 24, 2026   Case LawsIncome Tax
    Revision, not appellate enhancement, is the revenue remedy for an erroneous assessment order; statutory Form 6R remains sufficient evidence.
    July 24, 2026   Case LawsIncome Tax
    Quashed tax-evasion penalty removes the basis for wilful evasion prosecution, subject to revival if appellate reversal occurs.
    July 24, 2026   Case LawsIncome Tax
    Issue-specific merger preserves unexamined return-processing adjustments, while employee ESOP cross-charges qualify as deductible revenue expenditure.
    July 24, 2026   Case LawsIncome Tax
    Revenue expenditure and software royalty principles protect operational marketing costs and cloud-service subscriptions from disallowance.
    July 24, 2026   Case LawsIncome Tax
    Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of con...
    July 24, 2026   Case LawsIncome Tax
    Reinsurance premium deductions require established regulatory breaches, while independently acquired software qualifies within the computer depreciati...
    July 24, 2026   Case LawsIncome Tax
    Penalty jurisdiction under the Black Money Act fails where the approving authority imposes it or the assessment year is wrong.
    July 24, 2026   Case LawsIncome Tax
    Electronic reassessment notice issuance requires ITBA dispatch, section 148A compliance and sanction from the competent specified authority.
    July 24, 2026   Case LawsIncome Tax
    Undisclosed foreign income interest requires source non-disclosure, while advance-tax exemptions and merger limit rectification-based liability challe...
    July 24, 2026   Case LawsIncome Tax
    Documented penny-stock share gains cannot be rejected without evidence linking the taxpayer to price manipulation or accommodation entries.
    July 24, 2026   Case LawsIncome Tax
    Charitable Medical Relief exemption applies despite insurer payments, while expenditure and tax deduction claims require evidence verification.
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    July 24, 2026   Case Laws GST
    Advance-ruling mechanism governs pending GST classification, exemption and taxability disputes, limiting writ review once the specialised forum functions.
    July 24, 2026   Case Laws GST
    Proceedings against an amalgamated company are invalid when initiated after its dissolution; successor companies retain standing to challenge them.
    July 24, 2026   Case Laws GST
    Effective hearing in GST adjudication requires a merits reply and consideration of procedural requests before final determination.
    July 24, 2026   Case Laws GST
    Reasoned tax notices and access to defence documents are essential; defective input tax credit proceedings require fresh adjudication.
    July 24, 2026   Case Laws GST
    Works contract transition to GST: prior tax components deducted from contract value did not establish double taxation.
    July 24, 2026   Case Laws Income Tax
    Judicial allowances treated as non-income receipts receive interim protection despite restrictions under the optional new tax regime.
    July 24, 2026   Case Laws Income Tax
    Virtual hearing rights in faceless income-tax appeals protect natural justice; denial requires fresh appellate hearing and invalidates consequential penalties.
    July 24, 2026   Case Laws Income Tax
    Draft assessment order requirement protects non-resident taxpayers' Dispute Resolution Panel remedy; bypassing it invalidates a prejudicial assessment.
    July 24, 2026   Case Laws Income Tax
    Reasoned administrative orders are essential to natural justice; unreasoned stay rejections require fresh determination through speaking orders.
    July 24, 2026   Case Laws Income Tax
    Revision, not appellate enhancement, is the revenue remedy for an erroneous assessment order; statutory Form 6R remains sufficient evidence.
    July 24, 2026   Case Laws Income Tax
    Quashed tax-evasion penalty removes the basis for wilful evasion prosecution, subject to revival if appellate reversal occurs.
    July 24, 2026   Case Laws Income Tax
    Issue-specific merger preserves unexamined return-processing adjustments, while employee ESOP cross-charges qualify as deductible revenue expenditure.
    July 24, 2026   Case Laws Income Tax
    Revenue expenditure and software royalty principles protect operational marketing costs and cloud-service subscriptions from disallowance.
    July 24, 2026   Case Laws Income Tax
    Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of consequential penalty.
    July 24, 2026   Case Laws Income Tax
    Reinsurance premium deductions require established regulatory breaches, while independently acquired software qualifies within the computer depreciation block.
    July 24, 2026   Case Laws Income Tax
    Penalty jurisdiction under the Black Money Act fails where the approving authority imposes it or the assessment year is wrong.
    July 24, 2026   Case Laws Income Tax
    Electronic reassessment notice issuance requires ITBA dispatch, section 148A compliance and sanction from the competent specified authority.
    July 24, 2026   Case Laws Income Tax
    Undisclosed foreign income interest requires source non-disclosure, while advance-tax exemptions and merger limit rectification-based liability challenges.
    July 24, 2026   Case Laws Income Tax
    Documented penny-stock share gains cannot be rejected without evidence linking the taxpayer to price manipulation or accommodation entries.
    July 24, 2026   Case Laws Income Tax
    Charitable Medical Relief exemption applies despite insurer payments, while expenditure and tax deduction claims require evidence verification.

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

      Disallowance of salary u/s 40A(2)(b) - Payment of salary and...

      High Court Stresses Need for Evidence in Salary Disallowance u/s 40A(2)(b) of Income Tax Act for Related Persons.

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      Income TaxOctober 17, 2023Case LawsHC
      Disallowance of salary u/s 40A(2)(b) - Payment of salary and interest to specified (related) persons - The provision u/s 40A(2)(a) clearly shows that before recording disallowance, AO has to form an opinion; and that opinion has to be having regard to inter alia legitimate needs of the business or benefit derived or even what would be the fair payment outgo for services rendered. Such an opinion cannot be arrived at without adducing necessary evidence - HC
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