Section 276C(2) demands proof of deliberate evasion, not just default.
Section 276C(2) demands proof of deliberate evasion, not just default. Recently, Hon’ble Justice S.M. Modak in a landmark Bombay High Court ruling in a criminal Writ Petition No. 3840 of 2025 has held that Section 276C(2) demands proof of deliberate evasion and not mere default in payment. Assessee triumphed against prosecution under Section 276C(2)… […]
Making a House Livable vs Making It Lovely: A Section 54 Reality Check
Making a House Livable vs Making It Lovely: A Section 54 Reality Check I recently sold my old house in May – 25 and invested the capital gains in a new residential house in July – 25 for claiming an exemption under Section 54. However, the house I bought was not up to the… […]
“JAGO CPC WALO!” – When the Income-Tax Department Sends Wake-Up Calls… After You’ve Already Woken Up
“JAGO CPC WALO!” – When the Income-Tax Department Sends Wake-Up Calls… After You’ve Already Woken Up If taxes ever needed a sense of humour, the last two days have provided it in abundance. Thousands of taxpayers woke up to an SMS and email from the Income-tax Department that sounded less like a compliance reminder and… […]
Section 276C(2) demands proof of deliberate evasion, not just default.
Section 276C(2) demands proof of deliberate evasion, not just default. Recently, Hon’ble Justice S.M. Modak in a landmark Bombay High Court ruling in a criminal Writ Petition No. 3840 of 2025 has held that Section 276C(2) demands proof of deliberate evasion and not mere default in payment. Assessee triumphed against prosecution under Section 276C(2)… […]
Excess stock found during survey is taxable as business income and not as unexplained income under sections 69/69B: Jaipur ITAT
Excess stock found during survey is taxable as business income and not as unexplained income under sections 69/69B: Jaipur ITAT Across many 133A survey cases, taxpayers are seeing a default attempt to push surrendered income into sections 69/69B + 115BBE – straight to an effective 78% tax. But recent ITAT rulings are quietly redrawing… […]
An assessment order making additions on matters beyond the scope and issues set out in the show cause notice is non est in law.
An assessment order making additions on matters beyond the scope and issues set out in the show cause notice is non est in law. The Gujarat High Court in Margita Infra v. NEAC Delhi [2023] 458 ITR 101 (Gujarat HC) held that An assessment order making additions on matters beyond the scope and issues set… […]
When the original reason fails, the AO cannot make any other addition in a reassessment proceeding: ITAT
When the original reason fails, the AO cannot make any other addition in a reassessment proceeding: ITAT Recently, ITAT has again followed the Bombay High Court in Jet Airways rule and held that when the original reason fails, the AO cannot make any other addition, making the entire reassessment invalid. As a result, the ₹5.65… […]
Addition done during assessment is invalid if it is done without waiting for the DVO Report: ITAT Ahmedabad
Addition done during assessment is invalid if it is done without waiting for the DVO Report: ITAT Ahmedabad Recently, in Rajni Arvind Birla v. ITO (ITA No. 930/Ahd/2025), the ITAT Ahmedabad held that an assessment under Section 143(3) is invalid if the AO completes it without waiting for the DVO’s valuation after a valid… […]
Section 153C Notice invalidated by Gujarat HC for Inordinate Delay in Recording Satisfaction Note
Section 153C Notice invalidated by Gujarat HC for Inordinate Delay in Recording Satisfaction Note The recent judgment of the Gujarat High Court in Parag Rameshbhai Gathani vs. Income-tax Officer (18 November 2025) is an important reaffirmation of the procedural discipline required in search-related proceedings under Section 153C of the Income-tax Act. In this matter, a… […]
It is incorrect to deny ITC to recipient/buyer for genuine purchase , for default in compliance to show sales in GSTR 1 by supplier
It is incorrect to deny ITC to recipient/buyer for genuine purchase , for default in compliance to show sales in GSTR 1 by supplier In the case of M/s McLeod Russel India Limited vs. The Union of India & Ors., the Hon’ble Gauhati High Court addressed the constitutional validity of Section 16(2)(aa) of the… […]
