HIGH COURT APRIL 2025 WEEKLY ROUNDUP | Taman Singh Sonwani’s Bail; Murshidabad Violence; Influencers’ Free Speech; Chandola Lake Demolition; and more
A quick legal roundup to cover important stories from all High Courts this week.
Income Tax
Supreme Court clarifies whether offence under S. 276CC of IT Act 1961 committed before show-cause notice is compoundable as ‘first offence’
The assessee’s case was that whether he had filed a belated return of income, after the expiry of the due date or not, was immaterial and the point in time when the offence under Section 276CC is committed is the date immediately following the due date for furnishing the return of income as prescribed under Section 139(1) of the Act.
HIGH COURT FEBRUARY 2025 WEEKLY ROUNDUP | Stories on Delhi Riots; Bar Association Elections; Fake Anti-Cancer Drug; NOVARTIS Trade Mark; and more
A quick legal roundup to cover important stories from all High Courts this week.
Non – resident cruise operators to follow conditions specified in IT (First Amendment) Rules, 2025
These ships will come under the ambit of guidelines issued by Ministry of Tourism & Ministry of Shipping.
Punjab & Haryana HC refuses to de-freeze Vuenow Infotech’s bank accounts in Cloud Particle Scam case
“Though the Constitutional Courts are the sentinels of justice, however, this power of judicial review is required to be exercised with due care and caution and interference at the stage of investigation is made in rare and exceptional cases.”
HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Neeraj Bawania’s Bail; Rupali Ganguli’s Defamation Case; Mahindra Trademark Dispute; and more
A quick legal roundup to cover important stories from all High Courts this week.
Penalty for delay in filing audit report before assessing authority under IT Act can be avoided by demonstrating reasonable cause: Kerala High Court
“It merits notice that the phraseology used in Section 273B of the IT Act is such that no penalty can be imposed on an assessee under Section 271B for breach of the provisions, if he proves that there was ‘reasonable cause’ for the said failure.”
2024 SCC Vol. 10 Part 3
Criminal Procedure Code, 1973 — Ss. 235(1) and (2) — Reopening of judgment of conviction: As per S. 235, a judgment of conviction, held
Section 3(1), TOLA overrides Section 149 of Income Tax Act only to the extent of relaxing time limit for issuance of a reassessment notice: SC
The Court stated that TOLA will continue to apply to the Income Tax Act after 1-4-2021 if any action or proceeding specified under the substituted provisions of the Income Tax Act falls for completion between 20-3-2020 and 31-3-2021.
Can income-tax reassessment notice under S. 148 be issued on ‘change of opinion’ for material scrutinised in previous assessment? Gujarat HC answers
Documents relating to proof of deduction under Section 54F of the Act; Bank statement showing payment for above deduction; Statement justifying sale consideration; Working of capital gain were all furnished by the assessee.
Indexation Benefits on Capital Gains — An Analysis
by Bharathi Krishnaprasad* and Krishna Laasya**
2024 SCC Vol. 7 Part 1
Arbitration and Conciliation Act, 1996 — S. 32(2)(c) and S. 25(c) — Power of Arbitral Tribunal under S. 32(c)
‘Two different conclusions drawn on same material’; Delhi HC quashes reassessment notice issued by Assessing Officer on a mere change of opinion
The Court observed that no new material has been found by the Revenue which would warrant reopening the assessment. A reading of the notices will crystallize the fact that it has been issued merely based on a change of opinion.
‘S 149(1) neither effaces nor removes the first proviso to S153C (1)’; Delhi High Court quashes notice u/S 148 of IT Act
In cases where a search is conducted after 31-03-2021, the first proviso to Section 153C (1) would have to be construed and tested as regards the date when the Assessing Officer decides to initiate action against the non-searched entity.
Delhi High Court quashes reassessment notice for AY 2013-14 due to exceeding statutory time limit under Income Tax Act
The Court quashed the notice of reassessment issued on 31-3-2023 as it surpassed the ten-year block as prescribed u/S first provision to Section of 148(1) of the Income Tax Act, 1961.
Delhi High Court quashes reassessment proceedings against Progress Rail Locomotives
The Court evaluated Art. 5 of India-USA Double Tax Avoidance Agreement to determine whether Progress Rail has Permanent Establishment in Noida and Varanasi and whether reassessment proceeding can be initiated upon them or not.
Long term capital gains exempted from income tax; non-disclosure will not cause prejudice to interest of revenue or loss of revenue: Gauhati HC
The twin conditions, i.e., firstly, the order being erroneous and secondly, the order being prejudicial to the interest of revenue, must exist before power under Section 263 of the Income Tax Act, 1961 is exercised.
Delhi High Court sets aside Assessment Order passed against Bausch and Lomb for violation of natural justice principles
It is wholly insufficient to proceed to make an addition on the basis that CBIC is an apex body and information provided by it cannot be doubted, without even analyzing such information.
Income Tax on Compulsory Acquisition Under the NHAI Act
by Somesh Jain*