Tax
Taxing Entry: H-1B Surcharge And Constitutional Limits On Executive Revenue Power
On June 8, Judge Leo Sorokin of the U.S. District Court for Massachusetts[1] vacated Presidential Proclamation 10973, which had imposed a $100,000 surcharge on new H-1B petitions.[2] The ruling is analytically interesting less for what it decides and more for how specifically the doctrinal move the Court makes in calling the charge a tax rather than a regulatory fee, and why that judgment has consequences well beyond this case.The result gives employers immediate relief. However, the more...
S.35L Central Excise Act | Only Supreme Court Can Decide Appeals On Question Of Excisability; Not High Courts: SC
The Supreme Court has held that disputes relating to the excisability of goods fall within its exclusive appellate jurisdiction and cannot be decided by High Courts under Section 35G of the Central Excise Act, 1944.“An appeal from an order passed by the Appellate Tribunal relating to the determination of any question having a relation to the rate of excise duty or to the value of goods for...
GST Arrests Post Radhika Agarwal V. Union of India: Has Supreme Court Redefined Tax Investigations?
For many businesses facing GST investigations today, the process itself often becomes the punishment. Notices are issued; documents are asked for; top management is being called upon so many times, and arrest, even without the final assessment, is a looming possibility. Many taxpayers have already alleged that the threat of arrest is itself used as a pressure tactic during the...
'n-Hexane' Not 'Motor Spirt' For Customs Duty : Supreme Court Dismisses Revenue Appeal Against Reliance Industries
The Supreme Court has observed that the imported product 'n-hexane', mainly used in making chemicals or extracting vegetable oils, could not be classified as a petroleum product/motor fuel, to attract lower duty, merely because it has a low flash point. Dismissing the Custom Department's appeal, a bench of Justice Aravind Kumar and Justice Prasanna B. Varale granted relief to...
Supreme Court Surprised Over Vacancies In ITAT Administrative Staff, Seeks Attorney General's Intervention
The Supreme Court on Tuesday expressed surprise over the large number of vacancies in the administrative staff of the Income Tax Appellate Tribunals (ITAT) and sought the intervention of the Attorney General for India to ensure that the posts are filled at the earliest.A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a writ petition filed by...
Interim Profits In CIRP: EBITDA Allocation Dilemma
The major headline from the Supreme Court's decision to restore JSW Steel's resolution plan for Bhushan Power and Steel Limited (BPSL) on 26 September 2025, was the rescue of a ₹19,350 crore acquisition that the same court had set aside five months earlier.Another issue that came to the forefront but gained little traction was the consequential question: Who is entitled to the EBITDA...
When Can Re-Assessment Be Opened U/s 147, 148 of Income Tax Act? Supreme Court Explains
While dealing with a tax case related to development of a housing project, the Supreme Court recently elucidated the position of law pertaining to reopening of assessments under Section 147 of the Income Tax Act, 1961. A bench of Justices JB Pardiwala and KV Viswanathan referred to Section 147 (pre-2012) and Section 148 (pre-2006) of the IT Act and observed that power to reopen assessment is...
S.167 B(2) IT Act | Fixed Share Given To Member Of 'Association Of Persons' Regardless Of Profit Will Be Taxed As Income : Supreme Court
In an important ruling on a tax law, the Supreme Court on Tuesday (May 12) held that a member receiving a fixed percentage of gross receipts from an Association of Persons (AOP), without bearing business expenses or losses, cannot claim such receipts as a "share of profit” to claim exemption from income tax.It is worthwhile to mention that taxation of members in an Association of Persons...











