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Direct Tax
Wednesay, 30th Sep 2026
Volume 12, Issue 6
From The Courts - Analysis Of Recent Decisions
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TEL HC: Double Taxation Due To Timing Of Tax Orders Qualifies As Error, Rectifiable U/S 264; Remands Matter arrow

GUJ HC: Upholds Sun Pharma Sikkim’s Section 80IE Deduction Claim On Transfer Of Undertaking; Rejects Revenue’s Business Reconstruction Allegation arrow

DEL HC: Natural Justice Prevails; AO Directed To Consider Reply Filed Before Passing Section 148A(d) Order arrow

MAD HC: Suspicion However Grave Cannot Replace Proof; Section 68 Addition and Section 10(38) Exemption Upheld arrow

BOM HC: Unsigned Section 151 Approval Renders Reassessment Notice Invalid; Valid DIN Cannot Substitute Signature Mandated U/S 282A(1) arrow

TEL HC: Reassessment Notice And Section 148A Order Cannot Be Challenged U/A 226 At Threshold Stage Without Exhausting Statutory Remedy; Jurisdictional Objections On Section 152(3) And Section 151 Sanction Left To Be Decided By Assessing Officer arrow

CAL HC - No Section 36(1)(Va) Disallowance Where Applicable PF Regulations Don’t Prescribe Due Date And Excess Contribution To Superannuation Fund And Gratuity Fund Is Not Subject To Ceiling In Certain Cases arrow

BOM HC: No TDS U/S 195 On Grading Fees Paid To Non-Resident Parent Where Income Is Not Taxable In India; Revenue Cannot Disregard Binding ITAT Ruling arrow

DEL HC: Appellate TDS Refund Not Subservient To Section 200A Or Rule 31A arrow

BOM HC: Compounding Application Period To Be Reckoned From Date Of Service Of Prosecution Complaint; Rejects 50% Enhancement arrow

TEL HC: BIOSOT Performing Sovereign Welfare Functions Immune From Union Taxation U/A 289(1); Quashes Notice U/S 226(3) arrow

P&H HC: Quashes Reassessment Notices Issued By Jurisdictional Assessing Officer (JAO) & Strikes Down Section 147A As Unconstitutional arrow

BOM HC: A Definite Business Liability Incurred In Praesenti But Quantified And Discharged In Future Is Allowable U/S 37 (1) If It Can Be Reliably Estimated arrow

TEL HC: Quashes Reassessment Based On Roving Inquiry; Disregarding Assessee's Evidence Vitiates Proceedings arrow

DEL HC: Paying Tax Twice Over Same Income Constitutes Hardship, Permits Belated Revised Return U/S 119(2)(B) arrow

BOM HC: Sufficient Cause' Includes Ordinary Departmental Approval Delays, Holds Bombay HC While Condoning 156-Day Delay In Revenue's Section 260A Appeal arrow

DEL HC: Section 10b Export Profit Computation Doesn't Restrict Inter-Unit Loss Set-Off arrow

KAR HC: Clarificatory Amendment Cannot Create A Fresh Tax Liability Retrospectively arrow

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This publication contains information in summary form and is therefore intended for general guidance only. It is not intended to be a substitute for detailed research or the exercise of professional judgment. BK Khare & Co cannot accept any responsibility for loss occasioned to any person acting or refraining from action as a result of any material in this publication.
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