Tax
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LiveLawBiz is LiveLaw's dedicated platform for tax and regulatory laws.If you follow developments in direct tax, indirect tax (GST), customs, tax litigation or regulatory matters, we invite you to visit LiveLawBiz for more specialised and comprehensive coverage. LiveLawBiz brings you: - • IPR • Corporate Law • Competition Law • RERA • IBC While selected major tax developments will continue to appear on LiveLaw, more detailed and regular coverage is now available on...
Income Tax | Subsidy Can Become Taxable Depending On Purpose Test : Supreme Court
The Supreme Court on Wednesday (October 7) held that an electricity subsidy calculated based on power charges incurred by an industrial undertaking is a revenue receipt liable to tax when it is intended to reduce operational costs rather than contribute to capital investment. A bench of Justice Prashant Kumar Mishra and Justice Shree Chandrashekhar dismissed an appeal filed by an assessee, upholding the tax authorities' and the Madras High Court's concurrent findings that the electricity...
'Merely Running School Is Not Charitable Purpose': Bombay High Court Rejects Education Trust's Property-Tax Exemption Bid
The Bombay High Court has dismissed a petition filed by Jai Hind Sindhu Education Trust seeking exemption from property tax, holding that an educational institution must establish for every financial year that its buildings and lands are solely occupied and used for a public charitable purpose. The Court held that merely running an educational institution, or being a linguistic...
Tax Classification Must Be Based On Form Of Goods At Stage Of Sale & Not Its End Use : Supreme Court
"The tax authorities are bound to look at what is supplied and not at what is the 'end use' of the good," the Court said.
No More Arrest For Tax Recovery: What CBDT's Amendment To Rule 225 Really Changes
The CBDT on 17th September 2026 via a notification amended the new Income-tax rules of 2026 (“2026 Rules”) to remove the powers of the Tax Recovery Officer to arrest to recover tax arrears. This appears in line with the Finance Act 2026 which removed the substantive power to arrest from section 413 of the Income-tax Act, 2025 (“2025 Act”) and section 222 of the Income-tax Act, 1961 (“1961 Act”). Thus, the latest notification serves to remove the corresponding procedural machinery from the Rules...
Supreme Court Stays Delhi High Court's Judgment Upholding GST Dept Seizure Of Advocate's Office Computers
The Supreme Court today (28 September) stayed the Delhi High Court's judgment which had upheld the search and seizure conducted by the Goods and Services Tax Department (GST Department) at the office of Advocate Puneet Batra and his law firm, Bass Legal LLP. It also directed Batra to appear for investigation on Wednesday (30 September), instead of today. The bench also questioned the...
Supreme Court 7-Judge Reserves Judgment On States' Power To Levy Surcharge/Additional Tax On Sales Tax
The Centre said that the issues have become largely academic after the enactment of the GST Act in 2017
Kerala High Court Quashes Order Dismissing Actor Jayasurya's Income Tax Appeal, Remands For Fresh Consideration
The Kerala High Court has quashed an order dismissing actor Jayasurya's (Jayan Vathakkattu Moni) income tax appeal, holding that an income-tax appellate authority cannot dismiss an appeal solely because the assessee failed to appear for the hearing.Justice Ziyad Rahman A.A. observed that the appellate authority is bound to frame points of determination as per Section 250(6) and answer the same...
Income Tax | CBDT Circular Not Binding On Court : Supreme Court
Reiterating that CBDT circulars are not binding on Courts, the Supreme Court recently dismissed a batch of appeals filed by assessees claiming deductions under Section 80HHC for the premium they received on the sale of their export quota. Section 80HHC provided tax deductions on export profits for Indian companies and resident taxpayers, but no deduction is available from April 1, 2005,...
Income Tax | AO Cannot Reopen Assessment Settled By Settlement Commission : Supreme Court
The Supreme Court on Wednesday (September 16) held that once an Income Tax Settlement Commission passes an order determining the net taxable income, it is impermissible for the Assessing Officer to issue a reassessment notice against the assessee under the Income Tax Act. “If the jurisdiction of the AO under Sections 143(2), 148, 154, etc., is made independent and available for...
Punjab & Haryana High Court Strikes Down Section 147A Income Tax Act As Unconstitutional
The Punjab & Haryana High Court struck down the newly inserted Section 147A of the Income Tax Act, 1961, which retrospectively clarifies the role of the Jurisdictional Assessing Officer (JAO) in reassessment proceedings.The bench of Justice Deepak Sibal and Justice Rupinderjit Chahal pronounced the decision today. A detailed order is awaited.Section 147A was introduced with...
