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

Criminal Proceedings – Cheating and Dishonest Intent – Application to quash proceedings initiated for non-payment for supplied wheat – Applicants claimed dispute is civil in nature, and invoked moratorium under IBC – High Court held prima facie case under Section 420 IPC made out – Rejected plea of moratorium protection under IBC for criminal liability – Applica...

Central Goods and Services Tax Act, 2017 – GST Registration Suspension – Requirement of Landlord Consent – Tenant Rights – Suspension and Cancellation – The petitioner, M/s Crystal Beverages, challenged the order-cum-show cause notice dated 10.07.2024, suspending its GST registration over alleged unauthorized use of additional premises due to a lack of No Objection Ce...

Income Tax – Bogus Purchases – Disallowance of 10% – The appellant challenged the disallowance of 10% of purchases deemed bogus by the ITAT, despite the acceptance of sales as genuine by the Revenue – Held: The ITAT found no cogent or convincing evidence to support the Revenue's allegation that all purchases were bogus – The ITAT, however, upheld the CIT-A's d...

GST Law – Revocation of Voluntary Cancellation of Registration – Principles of Natural Justice – The petitioner challenged the revocation of voluntary cancellation of their GST registration and subsequent retrospective cancellation from 27 June 2020 – The CGST authorities had revoked the voluntary cancellation without issuing a show cause notice or granting a hearing &ndash...

Taxation Law - Broken Period Interest – Deduction for Securities Held as Stock-in-Trade – Revenue Expenditure – The court held that broken period interest, paid when a bank purchases government securities, should be treated as a revenue expenditure when the securities are held as stock-in-trade. This is because the income from securities is chargeable under Section 28 of the Inco...

Customs Law – Refund of Special Additional Duty (SAD) – Interest on Delayed Refund – The petitioner sought interest at 6% per annum on the delayed refund of SAD under Section 27A of the Customs Act, 1962 – The refund application was filed on 04 August 2014, and despite multiple remands and delays, the refund was sanctioned only in 2024 – Held: The interest should be c...

Income Tax – Reassessment Proceedings – Validity of Reopening Concluded Assessments – Whether reassessment can be initiated on the same grounds after a concluded assessment – Held, the initiation of reassessment proceedings for the same assessment year based on identical facts and figures is invalid – The Ashish Agarwal judgment did not mandate reopening of completed ...

Income Tax – Anonymous Donations – Section 115BBC – Applicability to Charitable and Religious Trusts – Appeals Dismissed – The appellant contended that the anonymous donations received by the Shree Sai Baba Sansthan Trust were taxable under Section 115BBC(1) since the trust was registered under Section 80G as a charitable institution – The Court held that the tr...

Service Tax – Exemption for Sub-Contractors – Assessment Order Challenged – Petitioner engaged in execution of works contracts as a sub-contractor argued that the services rendered were exempt from service tax. The High Court noted that the petitioner failed to produce conclusive evidence supporting the claim of exemption and also questioned the authenticity of the agreement pres...

Income Tax Law – Revision of Returns – Limitation – Appellant filed revised returns multiple times for the assessment year 1989-90, the last of which was submitted on 29th October 1991 – Assessing Officer refused to consider the return, citing Section 139(5) of the Income Tax Act, which barred the revised return due to the lapse of the one-year time limit – Appeals we...