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    July 21, 2026   Case Laws GST
    Restaurant service classification excludes hookah flavours consumed by inhalation, notwithstanding accompanying food, beverages and attendant restaura...
    July 21, 2026   Case Laws Income Tax
    Rectification jurisdiction permits only correction of apparent record errors, not recall or reconsideration of a detailed merits order.
    July 21, 2026   Case Laws Income Tax
    Residential property investment under Section 54F remains eligible despite delayed completion, possession or registration beyond the taxpayer's contro...
    July 21, 2026   Case Laws Income Tax
    Royalty benchmarking under TNMM prevails where domestic rates lack reliable comparability for export transactions and technical know-how use.
    July 21, 2026   Case Laws Income Tax
    Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
    July 21, 2026   Case Laws Income Tax
    Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
    July 21, 2026   Case Laws Income Tax
    Statutory approval under reassessment rules is jurisdictional; sanction by an incompetent authority invalidates the notice and reassessment.
    July 21, 2026   Case Laws Income Tax
    Insurance compensation adjusted against fire loss cannot be separately taxed, and the consequential concealment penalty fails.
    July 21, 2026   Case Laws Income Tax
    Securitisation trust pass-through taxation applies where investors lack voluntary common design and retain revocation rights over contributions.
    July 21, 2026   Case Laws Income Tax
    Mandatory prior notice for bank-account attachment requires release where the assessee was not informed before recovery action.
    July 21, 2026   Case Laws Income Tax
    Bona fide cash accounting for unpaid loan interest permits exclusion of accrued but unrealised income when consistently disclosed.
    July 21, 2026   Case Laws Benami Property
    Doctrine of election barred inconsistent ownership claims, while testamentary office permission created no life interest or possessory right.
    July 21, 2026   Case Laws Customs
    Data transmission equipment classification under CTSH 8517 62 remains distinct from residual classification, with exemption evidence requiring scrutin...
    July 21, 2026   Case Laws Customs
    Aluminium formwork classification turns on its on-site shuttering function, supporting treatment as aluminium structures rather than moulds.
    July 21, 2026   Case Laws Customs
    Aluminium formwork used as concrete shuttering is classified as aluminium structures, not as moulds for concrete articles.
    July 21, 2026   Case Laws Customs
    Customs valuation: proven under-invoicing sustains duty and confiscation, while provisional assessments require lawful finalisation before consequenti...
    July 21, 2026   Case Laws Customs
    Sole or principal use classification placed imported floating seals under machinery-parts heading, defeating extended-period customs consequences.
    July 21, 2026   Case Laws Customs
    Roasted nut classification follows specific Chapter 20 entries, while preferential duty depends on establishing prescribed originating status.
    July 21, 2026   Case Laws Customs
    Semi-manufactured gold classification under Heading 7108 permits conditional ASEAN tariff preference without displacing separate import-policy restric...
    July 21, 2026   Case Laws IBC
    Section 7 insolvency admission proceeds despite unfinalised compromise proposals, settlement talks and pending counterclaims where financial debt and ...
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July 21, 2026   Case Laws GST
Restaurant service classification excludes hookah flavours consumed by inhalation, notwithstanding accompanying food, beverages and attendant restaurant facilities.
July 21, 2026   Case Laws Income Tax
Rectification jurisdiction permits only correction of apparent record errors, not recall or reconsideration of a detailed merits order.
July 21, 2026   Case Laws Income Tax
Residential property investment under Section 54F remains eligible despite delayed completion, possession or registration beyond the taxpayer's control.
July 21, 2026   Case Laws Income Tax
Royalty benchmarking under TNMM prevails where domestic rates lack reliable comparability for export transactions and technical know-how use.
July 21, 2026   Case Laws Income Tax
Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any adjustment.
July 21, 2026   Case Laws Income Tax
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classification.
July 21, 2026   Case Laws Income Tax
Statutory approval under reassessment rules is jurisdictional; sanction by an incompetent authority invalidates the notice and reassessment.
July 21, 2026   Case Laws Income Tax
Insurance compensation adjusted against fire loss cannot be separately taxed, and the consequential concealment penalty fails.
July 21, 2026   Case Laws Income Tax
Securitisation trust pass-through taxation applies where investors lack voluntary common design and retain revocation rights over contributions.
July 21, 2026   Case Laws Income Tax
Mandatory prior notice for bank-account attachment requires release where the assessee was not informed before recovery action.
July 21, 2026   Case Laws Income Tax
Bona fide cash accounting for unpaid loan interest permits exclusion of accrued but unrealised income when consistently disclosed.
July 21, 2026   Case Laws Benami Property
Doctrine of election barred inconsistent ownership claims, while testamentary office permission created no life interest or possessory right.
July 21, 2026   Case Laws Customs
Data transmission equipment classification under CTSH 8517 62 remains distinct from residual classification, with exemption evidence requiring scrutiny.
July 21, 2026   Case Laws Customs
Aluminium formwork classification turns on its on-site shuttering function, supporting treatment as aluminium structures rather than moulds.
July 21, 2026   Case Laws Customs
Aluminium formwork used as concrete shuttering is classified as aluminium structures, not as moulds for concrete articles.
July 21, 2026   Case Laws Customs
Customs valuation: proven under-invoicing sustains duty and confiscation, while provisional assessments require lawful finalisation before consequential demands.
July 21, 2026   Case Laws Customs
Sole or principal use classification placed imported floating seals under machinery-parts heading, defeating extended-period customs consequences.
July 21, 2026   Case Laws Customs
Roasted nut classification follows specific Chapter 20 entries, while preferential duty depends on establishing prescribed originating status.
July 21, 2026   Case Laws Customs
Semi-manufactured gold classification under Heading 7108 permits conditional ASEAN tariff preference without displacing separate import-policy restrictions.
July 21, 2026   Case Laws IBC
Section 7 insolvency admission proceeds despite unfinalised compromise proposals, settlement talks and pending counterclaims where financial debt and default stand established.

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Home › Highlights › Income Tax › 2024 › March, 2024 › This
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Income Tax

Validity of Adjusting Disputed Tax Demand Against Refunds...

Court Rules Against Adjusting Tax Demands Without Addressing Stay Applications, Citing Fairness and Procedure Violations.

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Income Tax March 18, 2024 Case Laws HC
Validity of Adjusting Disputed Tax Demand Against Refunds Without Considering Stay Application - The High court found this action arbitrary and unfair, emphasizing that the respondents erred by adjusting the demand without attending to the stay application. It was highlighted that such adjustments cannot proceed without proper consideration of the application for stay, and doing so is deemed arbitrary and in violation of the principles of fairness and legal procedure.
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Acts Income Tax
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