The Court can exercise its writ jurisdiction despite the availability of an alternate appellate remedy. Reliance on AI-generated or unverified legal references invalidates the assessment proceedings.
| Posted on: October 27, 2025 |
Income Tax Act
Taxing statutes must be construed strictly; no tax can be levied by analogy or intention: Supreme Court
In fiscal statutes, limitation provisions are mandatory. Revenue cannot resort to Section 21 to revive time-barred assessments that have already been attempted under Section 19. Taxing statutes must be construed strictly; no tax can be levied by analogy or intention.
| Posted on: September 19, 2025 |
Case Note: Natesan Ekambaram v. DCIT, Central Circle-1(2), Chennai
Urban agricultural land within statutory limits is taxable as a capital asset. Registered sale deed consideration prevails unless contrary evidence exists. Exemption under Section 54F cannot be denied on technicalities if substantive bank evidence supports construction investment. Mere assertion of ancestral origin is insufficient to establish co-ownership without documentary proof.
| Posted on: September 5, 2025 |
Whether the phrase “a residential house” in the unamended Section 54(1) permitted exemption for capital gains reinvested in multiple residential properties (here, 7 row houses), or was restricted to a single property
Case Note Analysis: Krishnagopal B. Nangpal v. DCIT 1. Case Overview Citation: 2025:BHC-OS:11546-DB Court: Bombay High Court Bench: Sandeep V. Marne, J. & Chief Justice…
| Posted on: August 3, 2025 |
Provisional attachment of the bank account: Bombay High Court judgement in Chokshi Arvind Jewellers
(1) The power exercised by the proper officer under Section 110(5) of the Customs Act, 1962 in directing provisional attachment of the bank account of…
| Posted on: March 24, 2024 |
What is the Principle of mutuality?
The principle of mutuality is rooted in common sense. A person cannot make a profit from herself. This implies that a person cannot earn profit from an association that he shares a common identity with. The essence of the principle lies in the commonality of the contributors and the participants who are also beneficiaries. There has to be a complete identity between the contributors and the participants. Therefore, it follows, that any surplus in the common fund shall not constitute income but will only be an increase in the common fund meant to meet sudden eventualities
| Posted on: September 8, 2023 |
Does a violation of sec.13(1)(c)(ii) of the Income-tax Act lead to denial of exemption u/s 11 for the entire income of the charitable trust?
The benefit of exemption under section 11 cannot be denied to the entire income of the charitable trust but should be restricted only to the extent of income diverted in breach of Section 13 of the Act
| Posted on: September 20, 2022 |
Compounding of offences under the Income tax Act, 1961: Revised CBDT Guidelines
In conformity with the Government’s policy of facilitating Ease of Doing Business and decriminalisation of offences, CBDT has taken steps in this direction and issued revised Guidelines for Compounding of offences under the Income-tax Act, 1961(the ‘Act’) dated 16.09.2022 with reference to various offences covered under the prosecution provisions of the Act.
| Posted on: September 18, 2022 |