Tax & Legal Articles

The ITAT Mumbai's ruling in Mumbai Port Authority Vs ACIT delivers several important precedents across multiple areas of income tax law. Most significantly, the Tribunal settled the long-standing controversy over the deductibility of contributions ma...

The ITAT Kolkata, in Kailash Kumar Patwari Vs DCIT, delivered a nuanced ruling that balances the Revenue's power to reopen assessments and rely on search-based material against the assessee's fundamental right to be confronted with the evidence used ...

The CESTAT Mumbai, in the case of Vardhman Acrylics Limited Vs Commissioner of Customs (Imports), delivered a landmark ruling establishing that Extra Duty Deposit (EDD) collected during provisional assessments under SVB investigations is a deposit an...

The NCLT Ahmedabad's ruling in Ambuja Cements Limited Vs Rajashree Sachin Kulkarni & Ors. is a landmark decision affirming the Tribunal's power to restore accuracy in a company's Register of Members where share transfers are found to be unsupported b...

India's legal framework governing post-employment non-compete clauses is both clear and consistently applied. `Section 27` of the Indian Contract Act, 1872, read alongside the constitutional guarantee in Article 19(1)(g), creates an effective statuto...

The NCLT Mumbai, through its order in CA(CAA)/95/2026, dispensed with the formal meetings of equity shareholders, preference shareholders, and secured/unsecured creditors of News18 Marathi Private Limited (Transferor Company), given that all sharehol...

The Karnataka High Court's ruling in Biocon Limited Vs State of Karnataka provides important relief to assessees who faced ITC denial demands based on mismatches between GSTR-3B and GSTR-2A for the financial year 2018-19. The Court unambiguously held...

The ITAT Delhi's ruling in DCIT Vs Alaka Mars Pvt. Ltd. firmly reinforces the principle that jurisdictional compliance is not a technicality but a substantive legal requirement. Where an assessee's declared income falls within the pecuniary threshold...

The CGPDTM's November 2025 order granting India's first olfactory trademark to Sumitomo Rubber Industries Ltd. represents a transformative shift in how the Trade Marks Act, 1999 is interpreted and applied. By accepting the IIIT Allahabad's 7D vector ...

The Bombay High Court's ruling in Chennai Container Terminal Pvt. Ltd. Vs ACIT establishes several important principles that assessees and practitioners must keep in mind when dealing with `Section 80-IA` deductions and reassessment proceedings. Firs...

The ITAT Delhi, through this significant ruling in Antal Expo Fab Pvt. Ltd. Vs DCIT, has unequivocally reaffirmed that a satisfaction note recorded under `Section 153C` of the Income Tax Act, 1961 must be specific, year-wise, and must articulate a di...

In Trupti Aakash Desai Vs ITO, the Gujarat High Court has delivered a meaningful affirmation of the constitutional and statutory safeguards available to assessees against arbitrary reassessment proceedings. The Court quashed the `Section 148` notice ...

The ITAT Cochin's ruling in P.V. Hemalatha Vs CIT provides authoritative clarity on one of the most contested conditions under `Section 80-IB(10)` of the Income Tax Act, 1961 — the minimum one-acre plot area requirement. The Tribunal unambiguously he...

The Delhi High Court's ruling in Kanika Exports v. Union of India & Ors. and M/s Malik Seasoning and Spices Pvt. Ltd. v. Commissioner of GST firmly establishes that the amendment to `Explanation 2(e)` of `Section 54` of the CGST Act, 2017, effective ...

The ITAT Mumbai's ruling in GIA India Laboratory Pvt. Ltd. Vs DCIT is a significant pronouncement on three distinct areas of income tax law. On the transfer pricing front, the Tribunal unequivocally directed the AO to honour the Unilateral Advance Pr...

The Bombay High Court's ruling in Commissioner of Customs (General) Vs Sky Shipping firmly upholds the CESTAT's finding that the Customs Broker had not breached `Regulation 10(d)` or `Regulation 10(e)` of the Customs Brokers Licensing Regulations (CB...

The NCLT, Ahmedabad recognised that Catalyst Trusteeship Limited, acting as Debenture Trustee, holds a duly registered first-ranking charge over debentures of ₹124.50 crore issued by Blu-Smart Charge Private Limited and that the DSRA amount of ₹9.15 ...

The GST framework, through `Section 6(2)(b)` of the `CGST Act 2017`, clearly envisages that only one authority (Central or State) should handle a particular subject‑matter for a given period. Once proceedings are properly initiated by one side, the o...

The CESTAT Mumbai, drawing upon the statutory scheme of the Finance Act, 1994 and the Larger Bench ruling in Cox & Kings India Limited, concluded that outbound tour packages entirely executed outside India were not exigible to service tax during the ...

The Orissa High Court's decision in Kalinga Institute of Industrial Technology Vs DCIT is a concise but impactful ruling that underscores the non-negotiable requirement of jurisdictional competence in income tax proceedings. The case arose from a scr...

The NCLT Mumbai Bench, in In re NSE Academy Limited, authorized a significant reduction of NSE Academy’s preference share capital amounting to ₹241.32 crore under `Section 66` of the `Companies Act 2013`. The reduction was justified on commercial gro...

The ITAT Kolkata in Srimanta Sankaradeva Kalakshetra Vs Ward-2(3) held that exemption under `Section 11` could not be denied at the CPC processing stage merely on the basis of belated filing of Form 10B when the audit report was already on record at ...

The Pune Bench of the ITAT, in Delval Flow Controls Private Limited Vs DCIT, held that transfer pricing adjustments under TNMM must focus solely on international transactions with AEs, not on the assessee’s overall entity-level results. The TPO’s pra...

The decision in Alifcloud IT Consulting Pvt Ltd Vs ITO (ITAT Pune) clarifies that `Section 80-IAC` does not mandate a startup to wait for three consecutive years before it can start claiming deduction. Once an assessee qualifies as an eligible startu...

The National Company Law Tribunal, Kolkata Bench, in Union of India Through Serious Fraud Investigation Office Vs MPS Greenery Developers Limited, upheld the maintainability of a winding up petition filed under `Sections 271 and 272` of the `Companie...

The Delhi ITAT in Surlon India Private Limited Vs DCIT has clarified that `Section 154` cannot be invoked for complex and debatable matters such as disallowance of directors’ bonus under `Section 36(1)(ii)`. The Assessing Officer had already complete...

The Gujarat High Court, in Trupti Vijay Trivedi Vs ITO, invalidated reassessment proceedings initiated under `Section 148A` and subsequent notice under `Section 148` for AY 2019-20. The reopening was premised on an undated, uninvestigated complaint a...

The ITAT Delhi, in the case of Vodafone Idea Limited vs DCIT, annulled the reassessment framed under `Section 147 r.w.s 143(3)` for `Assessment Year 2005-06` on the sole ground that the AO had failed to pass a separate, reasoned order disposing of th...

The ruling in Raj Krishan Gupta Vs ACIT (ITAT Delhi) provides important clarity on two recurring issues in capital gains and property taxation. First, a property described as “commercial” in the sale deed can still qualify for relief under `Section 5...

The ITAT Mumbai, in `Sarjit Ghanshyam Desai Vs ITO`, held that where an assessee surrenders tenancy rights in an old building and receives an ownership shop as Permanent Alternate Accommodation under a redevelopment project, the shop is not acquired ...