NEW INCOME TAX BILLNew Income Tax Bill 2025: Concept Of "Tax Year" To Be Introduced Instead Of "Assessment Year", "Financial Year" To Remain UnchangedThe new Income Tax bill is set to introduce the concept of 'Tax Year'. This will replace the current concept of assessment year (or previous year) from the Income Tax Act.Persons engaged in digital content creation, including social...
NEW INCOME TAX BILL
The new Income Tax bill is set to introduce the concept of 'Tax Year'. This will replace the current concept of assessment year (or previous year) from the Income Tax Act.
Persons engaged in digital content creation, including social media influencers and online platforms, shall be required to register for Goods and Services Tax (GST) if their turnover exceeds Rs 20 lakh in a financial year (Rs 10 lakh for special category states).
SUPREME COURT
Case Name: THE STATE OF MAHARASHTRA & ORS. V. PRISM CEMENT LIMITED & ANR.
Case no.: CIVIL APPEAL NO.13928 OF 2015
The Supreme Court yesterday (on February 12) held that though after the amendment of Section 8(5) of the Central Sales Tax Act, the State Government's right to grant exemption from tax has ceased to exist, the amendment is prospective. Thus, it would not apply to the cases where an absolute exemption has already been granted.
The amended Act nowhere stipulates that rights previously accrued stand nullified or all previous exemptions stand cancelled or revoked., the Bench of Justices P.S. Narasimha and Pankaj Mithal said.
Case Name: K KRISHNAMURTHY VERSUS THE DEPUTY COMMISSIONER OF INCOME TAX.
Case no.: CIVIL APPEAL NO. 2411 OF 2025
The Supreme Court, while determining a tax matter, observed that the undisclosed income, under Section 271AAA(1) of the Income Tax Act, surrendered by the assessee during the search, is not sufficient to levy the penalty.
HIGH COURTS
Andhra Pradesh HC
Case title: M/s. The Cotton Corporation Of India v. Assistant Commissioner St Auditfac and Others
Case no.: WRIT PETITION NO: 1463/2025
The Andhra Pradesh High Court has held that the time permit set out under 73(2) of the AP GST Act for issuance of show cause notice in relation to alleged short payment of tax, etc. is mandatory in nature.
A division bench of Justices R Raghunandan Rao and Harinath N. added that any violation of that time period cannot be condoned and would render the show cause notice otiose.
Case title: Chakkas Enterprises vs. The Chief Commissioner Of State Taxes and Others
Case no.: W.P.NO: 30501/2023 & W.P.No. 16819/2024
The Andhra Pradesh High Court has held that pleadings relating to suppression of material facts, in an assessment order are the sine qua non for invoking section 21(5); by way of which limitation for filing an assessment order is extended to 6 years from 4 years.
"There is nowhere any mention of suppression of facts, much less, wilful suppression of facts, resulting in wilful evasion of tax, which is the sine qua non, for invoking Section 21(5) of the Act. In such circumstances, the provisions of Section 21(5) of the Act would not be applicable and the period of limitation would be four years, as set out under Section 21(4) of the Act," held Justice R. Raghunandan Rao and Justice Harinath N.
Case Title: Tirumala Balaji Marbles And Granites v. The Assistant Commissioner St and Others
Case Number: WRIT PETITION NO: 1200/2025
The Andhra Pradesh High Court stated that GST registration can't be refused merely because the assessee belongs to another State.
“Though the apprehension of the respondents may not be misplaced, it would not mean that registration can be refused on a ground, which is not available under the Statute or the Rules. There do not appear to be any restriction for persons outside the State to come into the State of Andhra Pradesh and seek registration under the APGST Act,” stated the Division Bench of Justices R Raghunandan Rao and Harinath N.
Calcutta HC
Case title: Principal Commissioner Of Income Tax 13 Kolkata Vs Champalal Omprakash
Case no.: ITAT/5/2025
The Calcutta High Court recently upheld an ITAT order deleting the addition of over ₹4 crore made to the income of an assessee under the Income Tax Act, 1961 in reassessment action.
A division bench of Chief Justice TS Sivagnanam and Justice Bivas Pattanayak held that the Assessing Officer had erred in not disposing of the written objection submitted by the assessee against the reopening of the assessment.
Delhi HC
Case title: Rocktek Infra Services Pvt. Ltd. v. Principal Commissioner Of Customs (Import)
Case no.: W.P.(C) 12489/2024
The Delhi High Court has held that the imposition and severity of conditions imposed by the Customs Department for permitting provisional release of seized goods is “discretionary” in nature.
In doing so, a division bench of Justices Prathiba M. Singh and Dharmesh Sharma scaled down the alleged onerous condition imposed on an importer, for executing a Bank Guarantee of 130% of the deferential duty.
Case title: Sushil Aggarwal v. Principal Commissioner Of Customs and connected matter
Case no.: CUSAA 35/2025
The Delhi High Court has made it clear that a person facing charges under the Customs Act, 1962 does not have an unfettered right under Section 138B, to cross-examine the informant or person making incriminatory statements. Section 138(B) of the Customs Act of 1962 deals with the admissibility of statements made during customs proceedings.
A division bench of Justices Prathiba M. Singh and Dharmesh Sharma relied on Kanungo & Co. v. Collector of Customs, Calcutta and Others (1983) where a Coordinate bench of the High Court observed that if any information is received from a statutory authority and an adjudicating process is initiated, there is nothing in law which compels the information provider to be involved in the judicial proceedings or warrant him/her for cross examination.
Case title: M/S Addichem Speciallity LLP v. Special Commissioner I, Department Of Trade And Taxes And Anr and batch
Case no.: W.P.(C) 14279/2024
The Delhi High Court has held that since Section 107 of the Central Goods and Services Tax Act, 2017 prescribes an “independent regime” to determine the limitation period for filing statutory appeals, the provision for condonation of delay under Section 5 of the Limitation Act stands excluded.
A division bench of Justices Yashwant Varma and Dharmesh Sharma observed, “The facility to seek condonation can be resorted provided the legislation does not construct an independent regime with respect to an appeal being preferred. Once it is found that the legislation incorporates a provision which creates a special period of limitation and proscribes the same being entertained after a terminal date, the general provisions of the Limitation Act would cease to apply.”
Case title: Aon Consulting Pvt. Ltd. (Successor Entity Of Aon Services (I) Pvt. Ltd. v. Principal Commissioner Of Income Tax – 1 And Ors.
Case no.: ITA 244/2024
The Delhi High Court has made it clear that a dispute with respect to arm's length price in a transfer pricing can be resolved under Mutual Agreement Procedure (MAP) only by consent and negotiations between contracting parties.
A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma observed that such a resolution cannot be imposed in a contested case, where there is no consensus.
Case title: Principal Commissioner Of Income Tax - 1 v. M/S Chemester Food Industries Pvt. Ltd
Case no.: ITA 113/2024
The Delhi High Court has reiterated that only such High Court within whose jurisdiction the Assessing Officer passing an impugned assessment order is situated would have the jurisdiction to entertain an appeal under Section 260A of the Income Tax Act, 1961.
The division bench of Justices Vibhu Bakhru and Tushar Rao Gedela agreed with the assessee, stating that since the appeal before it emanates from an assessment order issued by the AO in Amritsar, it does not have territorial jurisdiction.
Case title: Amit Kumar v. The Commissioner Of Customs
Case no.: W.P.(C) 15973/2024
The Delhi High Court recently ordered the Customs authorities to release a traveller's gold worth over ₹14 lakh and other branded articles like iPhone, PlayStation, etc. over the authority's failure to issue him a show cause notice.
The Department on the other hand contended that an oral SCN was given to the Petitioner, who also signed an undertaking that he does not want a written SCN or even a personal hearing. The High Court observed that such signing of a standard form of waiver by the Petitioner would not be in compliance with the principles of natural justice, inasmuch as, the waiver under Section 124 has to be “conscious” and “informed”.
Case title: Commissioner Of Income Tax v. Benetton India Pvt. Ltd.
Case no.: ITA 472/2018
The Delhi High Court has held that a Transfer Pricing Officer cannot compute the arm's length price of an assessee's international transactions as nil, merely because despite the services availed from such transactions, the assessee incurred a loss in business.
A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma observed that the TPO cannot weigh the ALP on the basis of financial benefits or commercial expediency of the transactions in question.
Case title: Commissioner Of Income Tax v. Benetton India Pvt. Ltd.
Case no.: ITA 472/2018
The Delhi High Court has made it clear that the role of a Transfer Pricing Officer is to conduct a transfer pricing analysis and determine the arm's length price of an assessee's international transaction and the TPO cannot act as an Assessing Officer to probe the legitimacy of such transactions.
A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma observed, “It is necessary to bear in mind that there is a distinction between the functions of a TPO and an AO. The TPO is required to conduct a transfer pricing analysis to determine the ALP. It is not the TPO's function to determine whether, in fact, there is any service from which the Assessee derived any benefit. The question whether any expenditure has been incurred by the Assessee for earning revenue is a matter, which is required to be determined by the AO.”
Case title: M/S Aims Retail Services Private Limited v. Union Of India & Ors. and batch
Case no.: W.P.(C) 9461/2023 and batch
The Delhi High Court has held that merely unlocking/ activating a new mobile phone by disabling the “regional lock” which is put by original equipment manufacturers to restrict usage to a specific geographical location, does not make the mobile phone a “used” good.
A division bench of Justices Prathiba M. Singh and Dharmesh Sharma thus held that exporters of such mobile phones will also be eligible to claim duty drawbacks.