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Leg History of Sec 90(4) & 90(5), IT Act, 1961
The infographic below is a snapshot of the legislative history of Section 90(4) and 90(5) of IT Act, 1961. It provides a summary view of the Income Tax Department’s attempt to include a stringent condition… Read More »Leg History of Sec 90(4) & 90(5), IT Act, 1961
The Din Surrounding ‘DIN’
The Supreme Court recently granted an interim stay on the Delhi High Court’s judgment wherein it was held that a communication issued by an income tax authority without citing the computer-generated Document Identification Number (‘DIN’) does not… Read More »The Din Surrounding ‘DIN’
Supreme Court Reduces Penalty under Section 129, CGST Act: Clarifies that Decision is Not a Precedent
Supreme Court in a recent case[1], directed that the penalty imposed on the assessee for transporting goods without a valid e-way bill should be reduced by 50%. While the Calcutta High Court had upheld the… Read More »Supreme Court Reduces Penalty under Section 129, CGST Act: Clarifies that Decision is Not a Precedent
Supreme Court Opines on Nature of Section 19 of 101st Constitutional Amendment
In a recent judgment[1], a Division Bench of the Supreme Court engaged in depth with the scope, meaning, and implication of Section 19 of The Constitution (101st Amendment) Act, 2016 (‘101st Amendment’) which catalysed the introduction of… Read More »Supreme Court Opines on Nature of Section 19 of 101st Constitutional Amendment
No Advertisement Tax on Name Boards or Sign Boards
In a recent judgment[1], the Supreme Court set aside demand notices for advertisement tax issued by the Indore Municipal Corporation against the appellant. The demand notices for advertisement tax were issued to the appellant because… Read More »No Advertisement Tax on Name Boards or Sign Boards
Supreme Court Reiterates Non-Obstante Clause of Section 529A, Companies Act, 1956
In a recent judgment[1], the Supreme Court opined on the priority to be accorded to custom authorities vis-à-vis secured creditors under the Companies Act, 1956. It accorded due deference to the overriding nature of Section… Read More »Supreme Court Reiterates Non-Obstante Clause of Section 529A, Companies Act, 1956
Interface of IBC and Tax: Supreme Court Clarifies
In a notable judgment[1], the Supreme Court has clarified the waterfall mechanism under Insolvency and Bankruptcy Code, 2016 (‘IBC’) vis-à-vis the claims of secured interests and the place of the Revenue Department in the pecking… Read More »Interface of IBC and Tax: Supreme Court Clarifies
Possession, Ownership and Valuable Articles: Supreme Court Opines on Section 69A, IT Act, 1961
On 16 May 2023, a Division Bench of the Supreme Court in M/s DN Singh case[1] delivered a well-reasoned judgment clarifying the scope of Section 69A, IT Act, 1961. The case required the Supreme Court to determine if… Read More »Possession, Ownership and Valuable Articles: Supreme Court Opines on Section 69A, IT Act, 1961
Supreme Court Interprets Section 153A, IT Act, 1961 Correctly & Provides ‘Remedy’ to the Revenue
Introduction On 24 April 2023, a Division Bench of the Supreme Court in Abhisar Buildwell case[1] interpreted the scope of Section 153A, IT Act, 1961. The specific question before the Supreme Court was: whether the jurisdiction of Assessing… Read More »Supreme Court Interprets Section 153A, IT Act, 1961 Correctly & Provides ‘Remedy’ to the Revenue- « Previous
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