S.35L Central Excise Act | Only Supreme Court Can Decide Appeals On Question Of Excisability; Not High Courts: SC

The Supreme Court has held that disputes relating to the excisability of goods fall within its exclusive appellate jurisdiction and cannot be decided by High Courts under Section 35G of the Central Excise Act, 1944.“An appeal from an order passed by the Appellate Tribunal relating to the determination of any question having a relation to the rate of excise duty or to the value of goods for...

GST Arrests Post Radhika Agarwal V. Union of India: Has Supreme Court Redefined Tax Investigations?

For many businesses facing GST investigations today, the process itself often becomes the punishment. Notices are issued; documents are asked for; top management is being called upon so many times, and arrest, even without the final assessment, is a looming possibility. Many taxpayers have already alleged that the threat of arrest is itself used as a pressure tactic during the...

'GST Is Tax On Supply, Not Profits' : Why Supreme Court Rejected Casino's Plea That Tax Liability Is On Net Outcome After Games

The Court held that the tax will be on the bet value, and not on the Gross Gaming Receipts.

Supreme Court Upholds Levy Of GST On Online Gaming, Says Its Taxable As 'Betting & Gambling'

Online game operators are not intermediaries but suppliers of taxable actionable claims, the Court ruled.

'n-Hexane' Not 'Motor Spirt' For Customs Duty : Supreme Court Dismisses Revenue Appeal Against Reliance Industries

The Supreme Court has observed that the imported product 'n-hexane', mainly used in making chemicals or extracting vegetable oils, could not be classified as a petroleum product/motor fuel, to attract lower duty, merely because it has a low flash point. Dismissing the Custom Department's appeal, a bench of Justice Aravind Kumar and Justice Prasanna B. Varale granted relief to...

Supreme Court Surprised Over Vacancies In ITAT Administrative Staff, Seeks Attorney General's Intervention

The Supreme Court on Tuesday expressed surprise over the large number of vacancies in the administrative staff of the Income Tax Appellate Tribunals (ITAT) and sought the intervention of the Attorney General for India to ensure that the posts are filled at the earliest.A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a writ petition filed by...

Interim Profits In CIRP: EBITDA Allocation Dilemma

The major headline from the Supreme Court's decision to restore JSW Steel's resolution plan for Bhushan Power and Steel Limited (BPSL) on 26 September 2025, was the rescue of a ₹19,350 crore acquisition that the same court had set aside five months earlier.Another issue that came to the forefront but gained little traction was the consequential question: Who is entitled to the EBITDA...

When Can Re-Assessment Be Opened U/s 147, 148 of Income Tax Act? Supreme Court Explains

While dealing with a tax case related to development of a housing project, the Supreme Court recently elucidated the position of law pertaining to reopening of assessments under Section 147 of the Income Tax Act, 1961. A bench of Justices JB Pardiwala and KV Viswanathan referred to Section 147 (pre-2012) and Section 148 (pre-2006) of the IT Act and observed that power to reopen assessment is...

Reliance's Supply Of Gas From KG Basin To UP Is Inter-State Sale; VAT Not Applicable : Supreme Court

The Court held that the transaction came within the Central Sales Tax Act.

S.167 B(2) IT Act | Fixed Share Given To Member Of 'Association Of Persons' Regardless Of Profit Will Be Taxed As Income : Supreme Court

In an important ruling on a tax law, the Supreme Court on Tuesday (May 12) held that a member receiving a fixed percentage of gross receipts from an Association of Persons (AOP), without bearing business expenses or losses, cannot claim such receipts as a "share of profit” to claim exemption from income tax.It is worthwhile to mention that taxation of members in an Association of Persons...

Based On Finance Act 2026, Supreme Court Sets Aside HC Verdicts That JAOs Can't Issue IT Reassessment Notices

The Court remitted the matters to the High Courts for fresh consideration.

Death Of "Paper Shield": Re-Evaluating CA Certificates In Indian Construction Arbitration

For decades, the Indian construction arbitration landscape has been dominated by a convenient fiction: the "Certificate Culture." Claimants, faced with the daunting task of proving voluminous damages for idling, overheads, or loss of profit, have historically relied on a single sheet of paper, a Chartered Accountant (CA) certificate, as a proxy for thousands of pages of primary...