Tax
Tax Dispute Not Arbitrable Where Statutory Determination Required : Allahabad High Court
The Allahabad High Court at Lucknow has recently held that a tax-related dispute between contracting parties may be referred to arbitration so long as it can be resolved through interpretation of the contract.It held that the dispute stops being arbitrable the moment its resolution turns on a determination reserved to the taxing authorities.The bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh held“The Arbitrator is a creature of contract and its jurisdiction to decide the dispute...
RTO Can Cancel Vehicle Registration Obtained On False Documents: Karnataka High Court Upholds Action Against Mercedes Car
The Karnataka High Court has set aside a Single Judge's order that had quashed the seizure of a premium Mercedes Benz AMG G63 suspected of tax evasion using fabricated documents. The single judge had also directed restoration of the vehicle's registration. [2026 LiveLaw (Kar) 272]. The Division Bench of Chief Justice Vibhu Bakhru and Justice K.S Hemalekha however held that the vehicle...
GST | 'ITC Available To Buyer Only If Supplier Paid Tax', Supreme Court Upholds Validity Of S. 16(2)(c) Of CGST Act
The Supreme Court has recently affirmed the Gujarat High Court's judgment, which held that the Input Tax Credit (ITC) can be availed only if the supplier has actually paid the tax to the government.A bench of Justice Sanjay Kumar and Justice Sanjeev Sachdeva dismissed a batch of petitions filed against the Gujarat High Court's judgment, which had upheld the constitutional validity of...
Income Tax Set-Off Rules Can't Be Applied To Reduce Motor Accident Compensation: Bombay High Court
The Bombay High Court has held that loss computed under the head "Income from House Property" under the Income-tax Act, 1961, cannot be set off against income under the head "Business or Profession" while determining compensation under the Motor Vehicles Act, 1988. The Court observed that the Income-tax Act and the Motor Vehicles Act operate in distinct fields, and the mechanism of set-off...
Stamp Duty On Mining Leases Based On Anticipated Royalty, Not Dead Rent : Supreme Court
The Supreme Court on Thursday (July 23) ruled that stamp duty payable on mining leases must be calculated based on anticipated royalty and not dead rent. Relying on the proviso to Section 26 of the Indian Stamp Act, 1899, a bench of Justice Sanjay Karol and Justice Augustine George Masih dismissed the M/s. Birla Corporation Ltd. appeal against the Madhya Pradesh High Court's decision to...
Income Tax Act | Notice To Deceased Assessee Under S.148 Void, Not Curable: Allahabad High Court
The Allahabad High Court has held that a notice issued under Section 148 of the Income Tax Act, 1961 in the name of an assessee who was already dead on the date of its issuance is void ab initio, rendering every proceeding taken pursuant to it null and void. It held that the defect goes to jurisdiction and is not a mistake, defect or omission curable under Section 292B of the Act.Section 148...
Mandatory Ship-To GSTIN & Voluntary Closures: A Legal Guide To August 2026 E-Way Bill Update
The Goods and Services Tax Network ("GSTN"), through its Advisory dated 17th June, 2026, has notified a set of structural changes to the e-Invoice Application Programming Interface ("API"), the e-Way Bill by Invoice Reference Number ("IRN") API, and the e-Way Bill ("EWB") Closure API. These changes, scheduled for Production implementation with effect from 1st August, 2026, mark a significant tightening of the compliance architecture governing the movement of goods under the Central Goods and...
Seized Money Can't Be Retained After Acquittal: Rajasthan High Court Orders Release Of ₹7.35 Lakh In Gambling Case, Seeks I-T Verification
The Rajasthan High Court has held that once a party stands acquitted in a gambling case, based on withdrawal of the criminal case, there is no reason to retain the seized money in the Treasury or in the Government Fund. The bench of Justice Anoop Kumar Dhand thus directed the authorities to release the amount seized from the petitioner, subject to the condition that the petitioner shall...
Supreme Court Revives Over ₹16 Crore Service Tax Demand Against BPCL & HPCL For Facilitating CNG Sales For Mahanagar Gas
The Supreme Court on Monday (July 20) restored the service tax demands exceeding ₹16 Crore against the Bharat Petroleum Corporation Ltd. (BPCL) and Hindustan Petroleum Corporation Ltd. (HPCL), who acted as 'commission agents' of the Mahanagar Gas Limited (MGL) while selling Compressed Natural Gas (CNG) through their retail outlets. Referring to the agreement, a bench of Justice Aravind...
Sitting Judge Of Allahabad High Court Challenges Denial Of Tax Exemption On Statutory Allowances Under New Regime; CBDT Asked To Respond
A sitting Judge of the Allahabad High Court has challenged denial of tax exemption on statutory allowances as prescribed under Section 22D of the High Court Judges (Salaries & Conditions of Service) Act, 1954, under the new income tax regime. Section 22D of the High Court Judges (Salaries and Conditions of Service) Act, 1954, the sumptuary allowance (Section 22C) and the house rent...
Arrest Under GST Act: Supreme Court Clarifies Law Protecting Human Dignity
Arrest of a person is not only violative of Article 21 of the Constitution which affirms the right to life and liberty but is also a loss of human dignity in the family and society. Courts have held that the power of arrest should be used with great circumspection and not casually. The Hon'ble Supreme Court in Radhika Agarwal V. Union of India and Others, Writ Petition (Criminal) No. 336 OF 2018 has stipulated sufficient safeguards so that no arrests are made arbitrarily in GST cases.How an...