Case Law

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

Case Law

SC Dismisses Review Plea, Confirms GST ITC on Telecom Towers — Airtel & Indus Towers Win

The Supreme Court has dismissed the Centre’s review petitions against its August 2025 ruling that telecom towers are movable “plant and machinery” eligible for GST input tax credit, bringing finality to a dispute involving ₹5,454.6 crore in quashed demands against Indus Towers.

SC Dismisses Review Plea, Confirms GST ITC on Telecom Towers — Airtel & Indus Towers Win Read Post »

Case Law

GST on Corporate Guarantees: Gujarat HC Upholds Rule 28(2), Bars Retrospective Levy Before 26 Oct 2023

Gujarat High Court upholds the constitutional validity of Rule 28(2) of the CGST Rules governing GST valuation of corporate guarantees between related parties, while quashing retrospective demands on guarantees issued before the Rule came into force on 26 October 2023.

GST on Corporate Guarantees: Gujarat HC Upholds Rule 28(2), Bars Retrospective Levy Before 26 Oct 2023 Read Post »

Case Law

Partners Personally Penalised for Fake-ITC Fraud Under Section 122(1A) CGST Act — Gujarat HC

Gujarat High Court upholds personal penalties on two partners under Sections 122(1A) and 122(3) of the CGST Act for orchestrating a fake-invoice, fake-e-way-bill, hawala-routed ITC fraud — independent of the firm’s own penalty. *Manoj Ramkishan Agrawal & Anr. v. Union of India & Anr.*

Partners Personally Penalised for Fake-ITC Fraud Under Section 122(1A) CGST Act — Gujarat HC Read Post »

Case Law, FEMA & RBI

Calcutta High Court: A CC/OD Account Cannot Be Classified as NPA Without Actual 90-Day Overdue or “Out of Order” Status — SARFAESI Notice Quashed

The Calcutta High Court quashes a bank’s SARFAESI Section 13(2) notice, holding that a Cash Credit/Overdraft account cannot be classified as a Non-Performing Asset unless it is actually overdue for more than 90 days or genuinely “out of order.”

Calcutta High Court: A CC/OD Account Cannot Be Classified as NPA Without Actual 90-Day Overdue or “Out of Order” Status — SARFAESI Notice Quashed Read Post »

Case Law, Income Tax

ITAT New Delhi: AE Subsidy to Offset Distribution Losses Is Operating Revenue — ₹3.08 Crore Transfer Pricing Adjustment Deleted (Chanel India)

ITAT New Delhi holds that a routine, performance-linked subsidy paid by an associated enterprise to compensate a distributor’s losses is operating revenue for transfer pricing purposes, deleting a ₹3.08 crore adjustment against Chanel (India) Pvt. Ltd.

ITAT New Delhi: AE Subsidy to Offset Distribution Losses Is Operating Revenue — ₹3.08 Crore Transfer Pricing Adjustment Deleted (Chanel India) Read Post »

Case Law, Income Tax

ITAT Delhi: Capital Loss on Sale of Unlisted Shares Allowed — Physical Transfer Held Valid, Consideration Timing Not Determinative

ITAT Delhi allows a long-term capital loss on the sale of unlisted company shares, holding that physical (non-demat) transfer of unlisted shares was lawful and that the date consideration was received does not determine the date of transfer.

ITAT Delhi: Capital Loss on Sale of Unlisted Shares Allowed — Physical Transfer Held Valid, Consideration Timing Not Determinative Read Post »

Case Law, Income Tax

ITAT New Delhi: Interest on Enhanced Land Acquisition Compensation Is Not Taxable as “Income from Other Sources” Where the Underlying Land Is Not a Capital Asset

ITAT New Delhi holds that interest awarded under Section 28 of the Land Acquisition Act, 1894 on compulsorily acquired rural agricultural land — not a “capital asset” under Section 2(14)(iii) — cannot be separately taxed as Income from Other Sources.

ITAT New Delhi: Interest on Enhanced Land Acquisition Compensation Is Not Taxable as “Income from Other Sources” Where the Underlying Land Is Not a Capital Asset Read Post »

Case Law, GST Updates

Calcutta High Court: ITC Mismatch Demand Confirmed Without Verifying Section 16 Conditions Set Aside — Fresh Adjudication Ordered

The Calcutta High Court sets aside an ex parte GST demand confirmed on an ITC mismatch between GSTR-3B and GSTR-2A without the proper officer first verifying fulfilment of Section 16 conditions as mandated by CBIC Circular No. 183/15/2022-GST.

Calcutta High Court: ITC Mismatch Demand Confirmed Without Verifying Section 16 Conditions Set Aside — Fresh Adjudication Ordered Read Post »

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