Latest court orders, judgments, and legal developments from Indian courts — AI-curated and summarized.
India has revised its land-border Foreign Direct Investment (FDI) rules to include a 10% non-controlling beneficial ownership test, aimed at reducing approval uncertainties for foreign investors.
The ITAT and High Court have delineated the boundaries of the Principal Commissioner of Income Tax's revision powers under Section 263. This digest highlights important rulings regarding the validity of revision orders and the reasons they can be challenged.
The Comptroller and Auditor General of India has reported significant gaps in the Goods and Services Tax Network (GSTN), alongside noted deficiencies in compliance regarding works contract taxation. These issues could lead to potential revenue losses.
The ITAT has ruled that profits from the sale of Transfer of Development Rights (TDR) are taxable under the head 'Capital Gains,' clarifying the tax implications when existing land is surrendered.
The ITAT has ruled that inadequate grounds based on mere suspicion cannot justify income additions, affirming that buyer PAN is not required for cash jewellery transactions below ₹2 lakhs.
The ITAT has quashed an assessment order against Nussli Switzerland, ruling that mechanical approval under Section 153D of the Income Tax Act is invalid. This reinforces the necessity for due diligence in approval processes.
The ITAT ruled that an income return filed solely in response to a Section 148 notice does not incur penalties if the taxpayer can demonstrate a reasonable cause for prior non-filing. This decision clarifies the thresholds for deemed concealment under Section 271(1)(c) of the Income Tax Act.
The Karnataka High Court has determined that a mandatory pre-deposit for service tax appeals can be discharged using transitional CENVAT credit reflected in the electronic credit ledger.
CESTAT ruled that the demand for both excess refund and subsequent credit utilization amounts to double jeopardy, ordering fresh calculations of the demands. This ruling has significant implications for the recovery process in tax law.
The CESTAT ruled that outward transportation from the place of removal qualifies as an input service under the CENVAT scheme applicable before April 2008. This decision impacts CENVAT credit claims for businesses.
The Calcutta High Court ruled that a GST appeal rejection based solely on portal notice, without personal intimation, violated natural justice, mandating a merits hearing.
The Allahabad High Court has permitted statutory appeals against ex parte orders under Section 73(9) of the CGST Act, considering the limitation period starting from the communicated order date.