Transfer Of Self-Generated Trademark Before April 2002 Not Taxable As Capital Gains: Gujarat High Court

The Gujarat High Court has held that money received from transferring a self-generated trademark before 2002 cannot be taxed as capital gains, as the law allowing such taxation came into force only later. The Court noted that Section 55(2) of the Income Tax Act was amended with effect from April 1, 2002, to allow taxation of transfers of trademarks by treating their cost of acquisition as nil, and the amendment cannot apply to earlier transactions.A Division Bench comprising Justice A.S....

Rebate Cannot Be Denied On Procedural Lapses If Export Duty Payments Are Undisputed: Gujarat High Court

The Gujarat High Court on 20 February, held that a rebate of central excise duty on exported goods cannot be denied merely due to procedural lapses, such as non-submission of original ARE-1 documents, when the fact of export and payment of duty is otherwise established through supporting records. A Division Bench of Justice A. S. Supehia and Justice Pranav Trivedi allowed the writ petition filed by Ashland India Private Limited, setting aside orders that had rejected the company's rebate claim...

GSTAT New Delhi Directs Tata Play To Deposit ₹450 Crore In Consumer Welfare Funds For GST Profiteering

The Principle Bench of the Goods and Services Tax Appellate Tribunal (GSTAT) in New Delhi on 11 March directed Tata Play Ltd. to deposit Rs. 450.18 crore in the Central and State Consumer Welfare Funds in a 50:50 ratio, holding that it engaged in GST profiteering. A Division Bench comprising President Justice (Retd.) Dr. Sanjaya Kumar Mishra and Technical Member A. Venu Prasad concluded that the company had failed to pass on the tax benefit to consumers as mandated under the GST...

CIT Cannot Reject Delay Condonation Plea On Grounds Beyond Scope of Application: Gujarat High Court

The Gujarat High Court on 9 March held that while deciding an application for condonation of delay under Section 119(2)(b) of the Income Tax Act, the Authority cannot examine issues beyond the scope of the delay condonation request. Section 119(2)(b) empowers the Central Board of Direct Taxes (CBDT) to authorise Income Tax authorities to admit delayed refund or loss carry-forward claims on showing “genuine hardship.” A Division Bench of Justice A. S. Supehia and Justice Pranav Trivedi held...

Bombay High Court Allows GST Fraud Case Accused To Travel Abroad, Says Right To Travel Part Of Personal Liberty

The Bombay High Court has recently observed that the right to travel abroad forms part of the fundamental right to personal liberty under Articles 14 and 21 of the Constitution and that such liberty cannot be restricted merely on the basis of apprehensions that are not supported by material on record. The court permitted a businessman facing prosecution in a GST fraud case to travel overseas for business as well as personal reasons, observing that conditions requiring prior permission before...

Supreme Court Dismisses Revenue SLP In DLF Case, Declines To Interfere With Deletion Of ₹80.66 Crore Income Tax Disallowance

The Supreme Court of India recently dismissed a Special Leave Petition filed by the revenue challenging a judgment of the Delhi High Court which had granted relief to DLF Home Developers Ltd. by deleting a disallowance of Rs 80.66 crore made under Section 14A of the Income-tax Act. Section 14A of the Income Tax Act disallows deduction of expenditure incurred in relation to income which does not form part of the total taxable income, and Rule 8D of the Income Tax Rules prescribes the method for...

Gujarat High Court Sets Aside Transfer Of Income Tax Case From Ahmedabad To Rajkot Without Hearing Taxpayer

The Gujarat High Court has set aside an order transferring an assessee's income-tax reassessment case from Ahmedabad to Rajkot after finding that the transfer was made without granting the taxpayer an opportunity of hearing as required under the Income Tax Act. The division bench of Justice A. S. Supehia and Justice Pranav Trivedi held that in the present case the transfer of jurisdiction under Section 127(2) of the Income Tax Act could not be sustained since it had been effected without...

Goodwill Arising From Amalgamation Eligible For Depreciation In Subsequent Years: ITAT Ahmedabad

The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) held that depreciation on goodwill arising from an amalgamation can be continued in subsequent years, as long as it pertains to the same intangible asset already recognized in the foundational year. A Bench comprising Judicial Member Sanjay Garg and Accountant Member Narendra Prasad Sinha upheld the deletion of disallowance of depreciation claimed by Unicorn Packers Pvt. Ltd. (now part of the taxpayer LLP) on goodwill arising from...

ITAT Ahmedabad Grants Digvijay Lions Foundation Final Chance For 12A Renewal With ₹10,000 Cost

The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) on 25 February granted Digvijay Lions Foundation a final opportunity to furnish documents for renewal of its charitable registration under Section 12A of the Income Tax Act. The Bench, comprising Judicial Member Suchitra Kamble and Accountant Member Narendra Prasad Sinha, was hearing the foundation's appeal against rejection of its renewal application by the Commissioner of Income Tax (Exemption), Ahmedabad. As penalty for...

Vehicle Possession And Document Transfer Concludes A Sale For Capital Gains Tax: Madras High Court

The Madras High Court has held that delivery of a vehicle along with its original documents may constitute a completed sale for income-tax purposes, even if the registration certificate is not formally transferred in the buyer's name. A Bench comprising Justice C. Saravanan dismissed the writ petition filed by Dr. Arvind Kumar R. Shaw (the petitioner), upholding the assessment order passed by the Income Tax Department treating the sale of his Rolls‑Royce as a short-term capital gains...

Reassessment Notice Not Time-Barred In Case Where Delay Caused By Taxpayer's Adjournment Requests: Delhi High Court

The Delhi High Court has held that a reassessment notice issued under Section 148 of the Income Tax Act cannot be treated as time-barred when the delay occurred due to adjournments sought by the taxpayer during proceedings under Section 148A.A Division Bench of Justices Dinesh Mehta and Vinod Kumar dismissed writ petitions filed by two private companies challenging notices issued for Assessment Year (AY) 2017–18 on the ground that they were issued after the limitation period had expired.The...

Partial Use Of Director's Farmhouse For Business Does Not Bar Depreciation Claim: ITAT Delhi

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) on 11 March 2026 upheld the deletion of disallowances relating to repair expenses and depreciation claimed on a farmhouse owned by Jagadish Chander Malhotra, Director of Malhotra Cables Pvt. Ltd, after finding that part of the premises was used for business purposes. A Bench comprising Judicial Member Challa Nagendra Prasad and Accountant Member M. Balaganesh affirmed the findings of the Commissioner of Income Tax (Appeals) [CIT(A)],...