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Payment for International Private Leased Circuits not royalty hence disallowance u/s. 40(a)(i) not justified

December 11, 2025 540 Views 0 comment Print

Madras High Court held that payment made for International Private Leased Circuits [IPLC] doesn’t constitute royalty within the expression provided under clause (iva) to Explanation 2 to section 9(1)(vi) of the Income Tax Act. Hence, disallowance u/s. 40(a)(i) of the Income Tax Act not sustained.

Conviction u/s. 7 and 13 of PC Act not sustained as demand of illegal gratification not proved

December 11, 2025 720 Views 0 comment Print

Bombay High Court held that conviction under section 7 and section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 [PC Act] without cogent evidence to prove demand of illegal gratification cannot be sustained. Accordingly, appeal allowed.

Form SVLDRS 3 quashed and directed to consider declaration under litigation category

December 11, 2025 384 Views 0 comment Print

Bombay High Court quashed and set aside Form SVLDRS 3 demanding amount under arrears category and directed department to determine the correct amount considering the declaration filed under Litigation category.

Section 96 Overrides Income Tax for Post-2014 Land Acquisitions

December 11, 2025 1857 Views 0 comment Print

Karnataka HC confirms that compensation for land acquired under National Highways Act after 01.01.2014 is fully exempt under Section 96 of RFCTLARR Act, preventing any TDS or income tax deduction.

Successive bail application with no change in circumstances is liable to be dismissed

December 11, 2025 819 Views 0 comment Print

Delhi High Court held that successive Bail Application filed with no change in circumstances is liable to be dismissed. Further, bail application is dismissed since applicant has already been declared an offender.

Kerala HC Denies Temple Tax Exemption as Section 10(23BBA) Covers Only Statutory Bodies

December 11, 2025 2346 Views 0 comment Print

Court held that exemption under Section 10(23BBA) applies only to bodies constituted under State enactments, not to temples or deities whose income is separately taxable. Temples must seek relief under Sections 11–12 instead.

DDT Must Follow DTAA Limits Because Dividend Is Shareholder Income: Bombay HC

December 11, 2025 1458 Views 0 comment Print

Court held that dividend remains income of the shareholder and DDT is an additional income tax covered under Article 2, restricting India’s taxing rights to 10% under Article 11 of the India–UK DTAA.

Delhi HC Set Aside Customs Order for Failure to Prove Service by Speed-Post

December 11, 2025 849 Views 0 comment Print

The Court held that the Department could not establish delivery of hearing notices or the order dispatched through speed post. The matter was remanded for fresh adjudication after providing documents and a proper hearing.

Parts Replaced Under Warranty Taxable under CST Act: Allahabad HC

December 11, 2025 771 Views 0 comment Print

The Allahabad High Court ruled that parts replaced during warranty and AMC periods are taxable, applying the Supreme Court’s Tata Motors judgment. Tax liability arises even if no direct payment is charged to customers.

Petition Dismissed as Pre-SCN Step Irrelevant in Complex Alleged ITC Fraud

December 11, 2025 834 Views 0 comment Print

The Court held that pre-SCN consultation became discretionary after the 2020 amendment, rendering the petitioner’s challenge untenable. It directed the petitioner to pursue the statutory appeal.

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