Supreme Court Introduces Professional Bail Bondsperson Rules 2026 To Curb Rampant Fake Sureties Supreme Court Issues Comprehensive Guidelines For Foreign Nationals In NDPS Commercial Quantity Cases, Mandates Passport Deposition And Strict Surety Verification Supreme Court Issues Mandatory Guidelines To Curb Black Money In Elections, Directs Fast-Track Disposal Of Criminal Cases Against MPs And MLAs Same Set of Depositions Cannot Lead to Conviction of Some Accused and Acquittal of Others Without Distinct Reasoning: Supreme Court Victims Have Equal Constitutional Right To Speedy Trial: Supreme Court Section 12 Of Gangsters Act Does Not Freeze Other Parallel Proceedings, Its Sole Purpose Is To Resolve Clash Of Dates: Supreme Court Registration of a Will Does Not Dispense With Mandatory Proof of Execution and Attestation Under Section 68 of Evidence Act: Supreme Court Arbitration Pre-Deposit Clause Requiring Contractor To Deposit 10% Of Claim Amount Prior To Reference Violates Right To Sue And Article 14: Supreme Court

"TAXATION LAW" Digest

Tax Law – Review Jurisdiction – The Court held that the review jurisdiction exercised by the Assessing Authority under the repealed PGST Act was impermissible. The PGST Act did not explicitly confer any review jurisdiction upon the authorities constituted under it, rendering the review of the initial assessment order without jurisdiction [Paras 6-10]. Limitation Period – Asses...

Taxation Law – Compounded Rate of Tax – Bakery Products and Beverages – Petitioners, dealers in bakery products and beverages, contested the denial of compounded tax rate under Section 8(c)(i) of the Kerala Value Added Tax Act for the turnover of packaged bakery items – Assessing Authorities applied regular tax rates under Section 6 for resale items – Appellate Author...

Income Tax – Search and Seizure – Section 153C Proceedings – Validity of Assessment Against Other Person – The Revenue initiated proceedings against the assessee under Section 153C without recording a satisfaction note in the file of the searched person – Held: Recording a satisfaction note by the Assessing Officer of the searched person is a sine qua non before invok...

Taxation Law – Income tax - Reassessment Notices – Limitation Period and Effect of TOLA – Section 149 of the Income Tax Act, 1961 – Petitioners challenged reassessment notices issued under Section 148 on the ground that they were beyond the permissible limitation period – Supreme Court in Rajeev Bansal v. Union of India, 2024 SCC OnLine SC 2693 held that the period fr...

PIL - Tax Governance – Challenging modifications in the utility for e-filing income tax returns - Filing Utilities – Section 87A Rebate – Modifications to the e-filing utility restricted assessees from claiming a rebate under Section 87A of the Income-tax Act, 1961, during the assessment year 2024-25 – Petitioners argued that such restrictions violated Articles 265 and 300A...

Entertainment Tax – Refund – Petitioner, a performance arts centre, sought refund of entertainment tax paid on unsold tickets for a music concert conducted within the jurisdiction of the Maradu Municipality – Petitioner remitted the entire tax amount but sold only a portion of the tickets, requesting refund for unsold tickets – Municipality refused refund, appropriating amo...

Income Tax – Revisional Jurisdiction – Section 263 of the Income Tax Act – The power of revision can be exercised by the CIT only if the assessment order is both erroneous and prejudicial to the interests of the Revenue – Held: Since the Assessing Officer (AO) had not examined the issue of computation of book profits under Section 115J, the CIT was justified in invoking rev...

Income Tax Law – Penalty under Section 271D – Bar of Limitation – Revenue's Appeal Dismissed – ITAT’s Decision Upheld – Limitation for Penalty Proceedings – Distinction Between Initiation and Completion – Section 275(1)(c) of the Income Tax Act, 1961 – Whether initiation of penalty proceedings under Section 271D is time-barred – Held:...

Taxation Law - Income Tax – Reassessment – Issuance of Notice to a Non-Existent Company – Violation of Legal Principles – Petitioner challenged notices under Section 148 issued by the Income Tax Department to Amanora Future Towers Pvt. Ltd. (AFTPL), which had ceased to exist post-merger with City Corporation Limited (CCL) under an NCLT order—Held: The issuance of reas...

Taxation Law – Disallowance of Input Tax Credit – Section 73 of the CGST Act – Petitioner challenged the denial of ITC on works contract services used for constructing shopping malls, citing inconsistency with the Supreme Court's ruling in Chief Commissioner of Central Goods and Services Tax v. M/s Safari Retreats Private Ltd. – High Court held that the assessment order...