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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...
Supreme Court 7-Judge Bench Holds Reference On States' Power For Additional Levy On Sales Tax Academic After GST
The Court held that the reference has been rendered infructuous.
ITC, Supplier Default And Bona Fide Purchaser: Where Does Shaurya Alloys Draw Line?
United Timber, a registered business, purchases raw material worth ₹10,00,000 from its GST-registered supplier. The raw material attracts GST at 18%, and United Timber accordingly pays ₹1,80,000 as tax to its supplier. The purchase is supported by genuine invoices, payment is made through established banking channels, and documents evidencing delivery of the goods, such as goods receipt, toll receipts, bill of lading and weighment slips, are available with the buyer. United Timber claims the...
Income Tax Reassessment | S. 292BB Cannot Cure Absence Of S.143(2) Notice Even If Assessee Participated : Supreme Court
The Supreme Court on Wednesday (28 October) has held that a notice under Section 143(2) of the Income Tax Act, 1961 is mandatory for reassessment proceedings under Section 147, and that Section 292BB cannot save a reassessment where the Revenue Authority admittedly never issued such a notice. This holds even if the assessee participated and cooperated in the proceedings.A bench of Justice...
S. 147 Income Tax | Assessment Can Be Reopened Based On Fresh Material If No Opinion Was Formed In First Instance : Supreme Court
"But where the point was well considered in the original proceedings, reassessment merely because the AO now takes a different view on the same facts is a change of opinion."
Income Tax | Reassessment Proceedings Can't Be Done If Notice Under S.143(2) Wasn't Issued : Supreme Court
The Supreme Court has held that the Revenue's failure to serve a notice under Section 143(2) of the Income Tax Act on an assessee would render the reassessment proceedings vitiated. “A notice under Section 143(2) of the Act is mandatory, as it grants the Assessee an opportunity to produce or cause to be produced any evidence or particulars based on which the Assessee claims relief. A...
S. 43B Income Tax | Unpaid Excise Duty Cannot Be Disallowed If No Deduction Was Claimed : Supreme Court
The Supreme Court has held that the Income Tax Department cannot disallow an amount under Section 43B of the Income Tax Act, 1961, if the taxpayer has not claimed it as a deduction in the first place. A bench of Justice S.V.N. Bhatti and Justice N.V. Anjaria set aside a Delhi High Court judgment that had upheld the addition of around ₹69.92 lakh towards unpaid excise duty on a sugar...
Bleaching, Dyeing Of Handloom And Powerloom Fabrics By Job Workers Not 'Manufacture' Of Textiles To Attract Cess : Supreme Court
The Supreme Court has held that independent textile processing units engaged in bleaching, dyeing and other processing of handloom and powerloom fabrics on a job-work basis cannot be made liable to pay textile cess under Section 5A of the Textiles Committee Act, 1963, as such activity does not amount to manufacture under the Act. A bench of Justice S.V.N. Bhatti and Justice N.V. Anjaria...
Handcuffs Come Off, Leverage Stays: India's Section 69 GST Reform
On 8 October 2026, the GST Council recommended completely withdrawing arrest powers by omitting Section 69 of the CGST Act and raising the monetary threshold for launching criminal prosecution from ₹1 crore to ₹5 crore. These are policy recommendations, not immediate law. Parliament and every State legislature must still pass formal amendments to their respective tax statutes before these protections become legally effective.The underlying instinct of this reform is right, but the sequencing...
No 'Intelligible Differentia' In Excluding Same-Sex Couples From Spousal Gift-Tax Benefits: Karnataka High Court Told
A same-sex couple challenging the denial of gift-tax exemption available to married couples under the Income Tax Act, 1961 has told the Karnataka High Court that the test of “intelligible differentia” under Article 14 of the Constitution cannot justify their sex-based exclusion, and the same would attract anti-discriminatory provision of Article 15.The submission was made before Justice B...
Income Tax | Fresh Claim Cannot Be Raised Before Revisional Authority Without Timely Revised Return : Supreme Court
The Supreme Court has held that a fresh claim before the Revisional authority cannot be filed by the assessee without filing a revised return in accordance with law. A bench of Justice Prashant Kumar Mishra and Justice Shree Chandrashekhar dismissed an assessee's plea against the Orissa High Court's decision to uphold the income tax authority's decision to decline the fresh claim of...
Unmerited Appeal Against Motor Accident Award Is Abuse Of Process, Aggravates Victim's Hardship: Gujarat High Court
The Gujarat High Court observed that the statutory right of appeal, though valuable, cannot be used to re-agitate issues already settled by binding precedents and in a manner that results in abuse of the process of law and aggravates victim's hardship. [2026 LiveLaw (Guj) 279]While dismissing an insurance company's appeal against a motor accident award, the High Court further held that Income...