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    Case LawsIncome Tax
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    Case LawsIncome Tax
    Maximum Marginal Rate and Surcharge for Discretionary Trusts: ITAT Special Bench Clarifies Slab-Base...
    Show AI Summary
    Discretionary trusts taxed at maximum marginal rate must have surcharge computed under slab and threshold rules, not automatically at top rate.
    For private discretionary trusts taxed at the maximum marginal rate under sections 164/167B, the term denotes the highest basic slab rate under the Finance Act, but surcharge on that tax must be computed according to the Finance Act's slab- and threshold-based surcharge provisions; if the trust's total income does not cross the statutory surcharge threshold, no surcharge is leviable despite basic tax being at the top slab rate.
    Case LawsCustoms
    Classification of Quicklime under the Customs Tariff: CESTAT Bangalore's Reaffirmation of HSN-Based ...
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    Quicklime classification: impure lime falls under specific tariff heading, not high purity calcium oxide, per HSN purity standard.
    The imported material, chemically tested as impure calcium oxide (about 92.2% CaO with mineral impurities), is classifiable under Heading 2522 10 00 as Quicklime. Chapter Note 1 to Chapter 25 must be read contextually and does not disqualify quicklime from Chapter 25 where the tariff text and HSN Explanatory Notes expressly contemplate calcined quicklime. Heading 2825 is confined to chemically pure calcium oxide (approximately 98% CaO) and its residuary sub-heading cannot displace the specific Heading 2522 unless that purity threshold and absence of impurities are met.
    Case LawsIncome Tax
    Validity of Reassessment Notices Post-Ashish Agarwal and TOLA: Limitation and Sanction u/ss 149 and ...
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    Reassessment notices: surviving-time computation under COVID-era relief and new limitation rules renders late notices time-barred.
    The court held that in transitional reassessment cases the appropriate sanctioning authority is determined by when the original three-year expiry fell within the COVID-era relief window, so approval by the ordinarily specified authority for within-three-year cases suffices; limitation is governed by a two-step surviving-time computation measured from the original notice as of the relief-window terminal date, excluding stayed periods and the time allowed to reply, and any later notice issued beyond that surviving time is time-barred under the substituted limitation regime read with the time-relief statute and the legal-fiction continuity.
    Case LawsCustoms
    Seizure, Provisional Release and Limitation: Supreme Court on the Interplay of Sections 110(2), 110A...
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    Seizure of goods: six month statutory limit for issuing show cause notice is mandatory despite provisional release.
    The six month limit in Section 110(2) for issuing a show cause notice after seizure under Section 110(1) is mandatory; only a single six month extension under the first proviso is permissible. Provisional release under Section 110A does not suspend, extend or neutralise that time bar. The 2018 second proviso making the six month rule inapplicable where provisional release is ordered is a substantive change and does not validate pre amendment seizures prolonged without notice.
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    Prima facie adjustments cannot decide debatable legal claims in return processing; contested deductions require scrutiny procedures.
    When a claimed deduction depends on timely deposit of employee welfare contributions and the legal question is debatable or pending higher adjudication, summary processing adjustments cannot be used to resolve the dispute; such matters require scrutiny or reassessment procedures and the validity of any processing-stage action must be judged by the law and facts existing at the time of processing.
    Case LawsGST
    Survey, Unaccounted Stock (Eye-Estimates) and the Limits of Section 130: Statutory Primacy of Sectio...
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    Survey discovered unaccounted stock must be assessed under sections 35(6) and 73/74, not via section 130.
    Tax liability for unaccounted goods found in a survey must be determined under section 35(6) read with sections 73/74 of the GST Act; section 130 cannot be used to quantify tax or levy penalty in such cases. The statutory cross reference to sections 73/74 requires adherence to their procedural safeguards, and quantification based solely on eye estimates during survey is insufficient without proper weighment or verification.
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    Input Tax Credit fraud: writ relief limited where appeals exist; hearings and raw RUDs generally suffice absent prejudice.
    The High Court held that writ jurisdiction must be exercised with restraint in complex ITC fraud matters appealable under Section 107; at least one personal hearing and provision of RUDs as collected by the Department generally suffice absent demonstrable prejudice; detailed allocation of penal liability under Sections 73/74/75(13)/122 requires adjudicatory or appellate factfinding and cannot be resolved in writ proceedings.
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    Writ jurisdiction limited where statutory appeal exists for fact intensive GST fraud investigations; appellate forum preferred for evidentiary disputes.
    The High Court reaffirmed that writ jurisdiction under Article 226 is generally inappropriate where a statutory appeal exists for fact intensive GST investigations alleging fraudulent availment of Input Tax Credit through fake invoices. Courts should confine review to jurisdictional defects or breaches of natural justice; detailed evidentiary disputes involving voluminous Relied Upon Documents, recorded statements and transaction chains are better resolved by the specialised appellate forum, which should hear appeals on merits and avoid dismissing on limitation grounds where appropriate.
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    Prospectivity of tax amendments: changes to accumulation rules apply from their effective date, not to prior accruals.
    Interpretation of section 11(3) concludes that, under the pre-amendment text, accumulated charitable funds could be applied in the year immediately following the five-year accumulation period; the 2022/2023 amendment removing that year was treated as prospective under the presumption against retrospective tax imposition. Separately, corrections by the Centralised Processing Centre under section 143(1) are confined to mechanistic errors and should not resolve debatable substantive questions of statutory interpretation.
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    Condonation of delay in tax exemption claims should favor substantive rights over mere technical filing defects when bona fide.
    Equitable application of the Condonation Power requires authorities to admit late Form No.10B filings when short delays or credible explanations would otherwise strip claimants of substantive exemption rights; procedural defects such as digital-signature technicalities must be tested against documentary e-filing evidence and substantial compliance, while administrative safeguards permit subsequent verification of the audit report.
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    Imported second hand MFDs meeting HSE technical criteria can be exempt from BIS registration and obtain conditional provisional release.
    Where importers produce prima facie evidence that imported second hand MFDs meet the Highly Specialized Equipment (HSE) criteria (limited units per model and physical thresholds such as weight >80 kg), those devices are exempt from compulsory BIS registration under the CRO and fall within the FTP residuary category for second hand capital goods; accordingly, provisional release may be granted on conditions (bond/guarantee and document verification) without prejudice to final adjudication.
    Case LawsIncome Tax
    Section 195, DTAAs and Software Licences: A Practical Framework for Withholding Tax
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    Royalty characterisation for software determines withholding-non exclusive copies/licenses generally not subject to TDS unless income is chargeable.
    Payments for off the shelf/shrink wrapped software or hardware embedded software that constitute a resale of a copyrighted article or a grant of a non exclusive, restricted licence for internal use do not ordinarily constitute royalty under section 9(1)(vi) or typical DTAA provisions; withholding under section 195 arises only where the non resident's receipts are chargeable to tax in India (e.g., due to a PE or transfer of substantive copyright rights), and retrospective domestic amendments cannot be used to impose past withholding obligations on payors who lacked notice of the expanded definition.
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    Provisional attachment limits: fixed statutory expiry prevents re-issuance of lapsed attachment orders on same property.
    A provisional attachment under the CGST scheme automatically ceases on expiry of the statutory time limit; once it has lapsed by operation of law, tax authorities have no power to re issue or renew a fresh provisional attachment over the same property on substantially the same grounds, and any such fresh order is void. Procedural rules or executive instructions cannot be used to circumvent this statutory safeguard and must be aligned with the primary legislation.
    Case LawsIncome Tax
    Section 263 Revisited: Jurisdictional Boundaries Where AO Takes a Plausible View on 80G Claims
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    Revisional jurisdiction cannot overturn a plausible assessment on charitable deductions where donation conditions are met.
    Tribunals held that Explanation 2 limiting CSR expenditure as a business deduction operates within the business income chapter and does not ipso facto bar claims under the donations regime; specific statutory exceptions indicate Parliament's choice to restrict only certain items. A mandatory CSR outlay does not automatically negate donation character where there is no material return, provided donee approval and documentary evidence are established. On revisional power, section 263 cannot be invoked to overturn an assessing officer's tenable, precedent backed view where enquiries were made; revision is justified only if the AO's conclusion is legally untenable or there was no inquiry.
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    Provisional release under Section 110 is permitted subject to proportionate protections: payment of duties as self-assessed; payment of a substantive portion (commonly fifty percent) of any departmental differential; and execution of enforceable bonds for the balance. Bank guarantees or cash security for speculative fines prior to adjudication are often disproportionate and may be replaced by bonds, though deliberate mis-declaration, concealment or prohibited imports justify stricter protective measures.
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    Courts may permit re-export of detained imports where the anticipated departmental remedy is monetary, provided the importer furnishes enforceable financial safeguards-typically a bond quantifying revenue exposure and a bank guarantee for a calibrated portion of the redetermined value-and complies with prescribed timelines; such orders are without prejudice to the Department's right to complete investigations, adjudicate, assess differential duties, and impose penalties.
    Case LawsGST
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    Force majeure causation in GST limitation: proximate cause and mandatory council recommendation govern valid time limit extensions.
    Section 168A empowers executive modification of GST limitation periods but operates as delegated legislation subject to strict construction: valid exercise requires (i) a qualifying force majeure event, (ii) inability to complete prescribed actions, and (iii) proximate causation by that event; GST Council recommendation is a mandatory precondition and GIC substitution or post-facto ratification does not cure statutory defect.
    Case LawsIncome Tax
    Section 11(3) After Finance Act, 2022: Utilization of Accumulated Income - Deemed Income, Vesting an...
    Show AI Summary
    Accumulated trust income: Tribunal rulings treat the 2022 amendment as prospective, preserving the prior six year utilisation window.
    Two Tribunal benches held that the Finance Act, 2022 amendment to the accumulation provision is prospective; accumulations made before 1 April 2022 remain governed by the prior law including the additional one year grace, and utilisation within that six year window cannot be taxed for AY 2023 24. The Tribunals relied on the presumption against retrospectivity, the Finance Bill memorandum stating an effective date of 1 April 2023, and fairness doctrines to conclude Parliament did not intend to curtail vested rights retroactively.
    Case LawsIncome Tax
    When Can an ITAT Reopen a Decision? Distinguishing Prior Binding Precedent from Subsequent Case-Law
    Show AI Summary
    Tribunal recall power limited: later judicial overruling alone cannot reopen finalized tax orders under review rules.
    The tribunal's power to amend is limited to rectifying a mistake apparent from the record existing at the time of the original order or to taking into account contemporaneous binding precedent not placed before it; a subsequent overruling or clarification by a superior court cannot alone justify recall, in light of the explanatory bar in Order XLVII Rule 1 CPC and related authorities.
    Case LawsIncome Tax
    Faceless Assessment and Jurisdiction: Reconciling JAO Roles with NFAC u/ss 144B & 151A (JAO / FAO)
    Show AI Summary
    Concurrent jurisdiction between JAO and faceless authorities affirmed; JAO may initiate reassessment followed by faceless assessment.
    The faceless scheme and RMS produce information that may be surfaced to the JAO, permitting the JAO to conduct the pre-notice inquiry and form satisfaction to issue a notice initiating reassessment; thereafter records may be transmitted for faceless assessment via automated allocation, embodying a two-stage model that preserves both JAO initiation authority and central faceless assessment.

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      Rates for deduction of income-tax at source during the financial year (FY) 2026-27 from certain incomes other than “Salaries”.

      1 February, 2026

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      Union Budget 2026-27 - Finance Bill, 2026

      The rates for deduction of income-tax at source during the FY 2026-27 under the provisions of 393(1)[Table: Sl. Nos. 1(i) and 5], 393(2)[Table: Sl. Nos. 7, 8, 9 and 17] and 393(3)[Table: Sl. Nos. 1, 2 and 3] of the Act have been specified in Part II of the First Schedule to the Bill.

      2. For sections specifying the rate of deduction of tax at source, the tax shall continue to be deducted as per the provisions of the relevant sections of the Act.

      3. The rates will remain the same as those specified in Part II of the First Schedule to the Finance Act, 2025, for the purposes of deduction of income-tax at source during the FY 2025-26.

      4. The surcharge on the amount of income-tax for the purposes of the Union is the same as that specified for the FY 2025-26.

      5. “Health and Education Cess on income-tax” shall continue to be levied at the rate of 4% of income tax including surcharge wherever applicable, in the cases of persons not resident in India including company other than a domestic company.

       

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      Union Budget 2026-27 - Finance Bill, 2026

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