Case Law

Landmark judgments from the Supreme Court, High Courts, ITAT and NCLT.

Case Law, Income Tax

P&H HC Denies Section 54B Exemption for Land in Wife’s Name — Bahadur Singh Case Explained

The Punjab & Haryana High Court has denied a taxpayer’s Section 54B capital gains exemption because the replacement agricultural land was purchased solely in his wife’s name, not jointly with him — a ruling delivered the same day as a contrasting Section 54F decision.

P&H HC Denies Section 54B Exemption for Land in Wife’s Name — Bahadur Singh Case Explained Read Post »

Case Law, Income Tax

P&H HC Upholds Section 54F Exemption on Jointly Owned House — Jangpal Singh Tanwar Case Explained

The Punjab & Haryana High Court has dismissed the Revenue’s appeal and upheld a taxpayer’s Section 54F capital gains exemption even though the replacement house was purchased jointly with his wife and son — because he had invested the entire capital gain himself.

P&H HC Upholds Section 54F Exemption on Jointly Owned House — Jangpal Singh Tanwar Case Explained Read Post »

Case Law, GST Updates

Allahabad HC Quashes HCL Infotech’s ₹5.76 Crore GST Notice for Prejudicial Remarks Against the Taxpayer

The Allahabad High Court has quashed a ₹5.76 crore GST Show Cause Notice against HCL Infotech solely because it contained prejudicial remarks against the taxpayer — even after rejecting the taxpayer’s limitation and jurisdiction arguments.

Allahabad HC Quashes HCL Infotech’s ₹5.76 Crore GST Notice for Prejudicial Remarks Against the Taxpayer Read Post »

Case Law, GST Updates

GSTAT Lucknow Upholds GST Penalty on Excavator Transported Without e-Way Bill: D.S. Traders v. State GST Department, UP

The GST Appellate Tribunal, Lucknow, has upheld a ₹3.24 lakh Section 129(3) penalty for transporting an excavator without an e-way bill, rejecting the taxpayer’s “no sale, own machinery” defence for lack of evidence — what businesses moving their own equipment need to document.

GSTAT Lucknow Upholds GST Penalty on Excavator Transported Without e-Way Bill: D.S. Traders v. State GST Department, UP Read Post »

Case Law, GST Updates

Transit State, Not Tax Collector: Allahabad HC Draws the Jurisdictional Line on Section 129

The Allahabad High Court’s ruling in Maruti Enterprises v. State of U.P. clarifies that a transit state’s GST authorities can inspect inter-State goods movement but cannot detain or penalise it under Section 129 absent any tax incidence within that state.

Transit State, Not Tax Collector: Allahabad HC Draws the Jurisdictional Line on Section 129 Read Post »

Case Law, GST Updates

CEAT Limited Wins ₹107 Crore GST Appeal: Thane Commissioner (Appeals) Rejects Section 74 Proceedings Over an Interpretational Dispute

The Commissioner (Appeals), CGST & Central Excise, Thane, has ruled in CEAT Limited’s favour on a ₹107 crore GST demand relating to tubes and flaps supplied with tyres, holding that Section 74 proceedings do not apply to a genuinely interpretational classification dispute.

CEAT Limited Wins ₹107 Crore GST Appeal: Thane Commissioner (Appeals) Rejects Section 74 Proceedings Over an Interpretational Dispute Read Post »

Case Law, GST Updates

250 Companies Asked the Same Question — Madras HC Rules Prima Facie Satisfaction Is Enough to Invoke GST Section 74

Nearly 250 companies walked into the Madras High Court asking essentially the same question: before the GST department can even

250 Companies Asked the Same Question — Madras HC Rules Prima Facie Satisfaction Is Enough to Invoke GST Section 74 Read Post »

Case Law, Income Tax

A 12-Year Fight Over ₹59 Crore: Delhi HC Says the Taxman Can’t Keep Excess TDS Just Because the Return Came in Response to a Section 148 Notice

The Delhi High Court holds that the Income Tax Department cannot deny credit or refund of excess TDS merely because the return was filed in response to a Section 148 reassessment notice rather than under Section 139.

A 12-Year Fight Over ₹59 Crore: Delhi HC Says the Taxman Can’t Keep Excess TDS Just Because the Return Came in Response to a Section 148 Notice Read Post »

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