Tax News & Updates

Stay informed with the latest in tax and compliance

Due Date	Form / Return	Department	Description	Days Left
29 Oct 2026	AOC-4 FY 25-26	MCA	The MCA form for filing financial statements is AOC-4. Hence, Form AOC-4 is submitted with the MCA f... The MCA form for filing financial statements is AOC-4. Hence, Form AOC-4 is submitted with the MCA for each Financial Year within 30 days of a company's Annual General Meeting. The due date of conducting AGM is on or before the 30th September, 26 following the end of financial year.	2d
29 Oct 2026	MGT-15 FY 25-26	MCA	Every listed public company shall prepare a report on each AGM including the confirmation to the eff... Every listed public company shall prepare a report on each AGM including the confirmation to the effect that the meeting was convened, held and conducted and file the same in e-Form MGT-15 with ROC.	2d
29 Oct 2026	AOC-4 XBRL FY 25-26	MCA	AOC-4 XBRL is required to be filed pursuant to Section 137 of the Companies Act, 2013 and Rule 12(2)... AOC-4 XBRL is required to be filed pursuant to Section 137 of the Companies Act, 2013 and Rule 12(2) of the Companies (Accounts) Rules, 2014 read with Companies (Filing of Documents and Filing of Forms in Extensible Business Reporting Language) Rules, 2015 witihin 30 days of a company's Annual General Meeting.	2d
30 Oct 2026	Form No. 141 Sep, 26	Income Tax	Furnishing of challan-cum-statement in Form No. 141 (Income-tax Rules, 2026) in respect of deduction... Furnishing of challan-cum-statement in Form No. 141 (Income-tax Rules, 2026) in respect of deduction of tax under section 393(1) [Table Sl. No. 2(i), 3(i), 6(ii) & 8(vi)] of the Income-tax Act, 2025 for the month of September 2026.	3d
30 Oct 2026	Form 8 FY 25-26	MCA	LLP Form 8 or Statement of Account & Solvency is a filing to be done every year by all LLPs register... LLP Form 8 or Statement of Account & Solvency is a filing to be done every year by all LLPs registered in India. Form 8 must be filed with Ministry of Corporate Affairs irrespective of Turnover of LLP.	3d
31 Oct 2026	TDS Return Jul - Sep, 26	Income Tax	Filing of quarterly statement in Form No. 140 (Income-tax Rules, 2026) by deductors responsible for... Filing of quarterly statement in Form No. 140 (Income-tax Rules, 2026) by deductors responsible for deduction of tax at source on non-salary payments such as commission, brokerage, professional fees, rent, etc. made to residents for the quarter ending September 30, 2026	4d
31 Oct 2026	Form No. 3CEJA FY 25-26	Income Tax	Submission of a report from a Chartered Accountant in Form No. 3CEJA (Income-tax Rules, 1962) for th... Submission of a report from a Chartered Accountant in Form No. 3CEJA (Income-tax Rules, 1962) for the previous year 2025-26 for the purpose of section 9A (Income-tax Act, 1961) regarding fulfilment of certain conditions by an eligible investment fund.	4d
31 Oct 2026	TCS Return Jul - Sep, 26	Income Tax	Filing of quarterly statement of collection of tax at source under section 397(3)(b) of the Income-t... Filing of quarterly statement of collection of tax at source under section 397(3)(b) of the Income-tax Act, 2025 in Form No.143 (Income-tax Rules, 2026) for the quarter ending September 30, 2026	4d
31 Oct 2026	Form No. 144 Jul - Sep, 26	Income Tax	Filing of quarterly statement of TDS in Form No. 144 (Income-tax Rules, 2026) in respect of payments... Filing of quarterly statement of TDS in Form No. 144 (Income-tax Rules, 2026) in respect of payments other than salary made to non-residents for quarter ending September 30, 2026	4d
31 Oct 2026	Rules 33,34 & 35 FY 25-26	Income Tax	Statement by scientific research association, company university, college or other association or In... Statement by scientific research association, company university, college or other association or Indian scientific research company as required by rules 33, 34 and 35 of the Income-tax Rules, 2026 (if due date of submission of return of income is October 31, 2026)	4d
31 Oct 2026	Form No. 175 Jul - Sep, 26	Income Tax	Intimation in Form No. 175 (Income-tax Rules, 2026) by a pension fund in respect of each investment... Intimation in Form No. 175 (Income-tax Rules, 2026) by a pension fund in respect of each investment made in India for quarter ending September 2026	4d
31 Oct 2026	Form II Jul - Sep, 26	Income Tax	Intimation in Form II by Sovereign Wealth Fund in respect of investment made in India for quarter en... Intimation in Form II by Sovereign Wealth Fund in respect of investment made in India for quarter ending September, 2026	4d
31 Oct 2026	Form No. 10BBD FY 25-26	Income Tax	Furnishing of Form No. 10BBD (Income-tax Rules, 1962) reporting details of funds received from eligi... Furnishing of Form No. 10BBD (Income-tax Rules, 1962) reporting details of funds received from eligible persons, directly or through an Alternative Investment Fund, during the Previous Year 2025-26 (if the assessee is required to submit return of income on or before October 31, 2026)	4d
31 Oct 2026	Form No. 3CEAB -	Income Tax	Intimation by a designated constituent entity, resident in India, of an international group in Form... Intimation by a designated constituent entity, resident in India, of an international group in Form No. 3CEAB (Income-tax Rules, 1962) for the accounting year 2025-26	4d
31 Oct 2026	Form No. 98 Apr - Sep, 26	Income Tax	Furnishing of Statement in Form No. 98 (Income-tax Rules, 2026) to the concerned Director/Joint Dire... Furnishing of Statement in Form No. 98 (Income-tax Rules, 2026) to the concerned Director/Joint Director (Intelligence and Criminal Investigation) containing declaration received in Form No. 97 (Income-tax Rules, 2026) during April 1, 2026 to September 30, 2026	4d

Tax Update 26 Oct 2026

GST Notices and Orders: New CBIC Guidelines

CBIC issues guidelines to officers for fair GST notices, orders and appeals. Key Points: - Pre-SCN intimation (DRC-01A) to be issued wherever feasible. - SCN must give specific facts, evidence and year-wise demand. - Fraud or suppression cannot be alleged just for non-payment or a scrutiny mismatch.... CBIC issues guidelines to officers for fair GST notices, orders and appeals. Key Points: - Pre-SCN intimation (DRC-01A) to be issued wherever feasible. - SCN must give specific facts, evidence and year-wise demand. - Fraud or suppression cannot be alleged just for non-payment or a scrutiny mismatch. - No parallel action by Central and State officers on the same issue. - Max 3 adjournments. Orders must deal with every submission of the taxpayer. Source: CBIC Circular No. 258/04/2026-GST dated 26.10.2026.

GST

View Source (taxinformation.cbic.gov.in)

Tax Update 26 Oct 2026

Banks and NBFCs: 50% ITC Option Clarified

CBIC clarifies the 50% ITC option under Section 17(4) for banks, financial institutions and NBFCs. Key Points: - Registrations not doing deposits or loans (e.g. only bullion trading) cannot opt. - If one lending registration opts, all such registrations must follow. - Full ITC from a same-PAN unit o... CBIC clarifies the 50% ITC option under Section 17(4) for banks, financial institutions and NBFCs. Key Points: - Registrations not doing deposits or loans (e.g. only bullion trading) cannot opt. - If one lending registration opts, all such registrations must follow. - Full ITC from a same-PAN unit only if that unit has also opted. - GSTR-3B: reverse blocked ITC first, then take 50% of the balance. - Past reporting not to be questioned if ITC amount is correct. Source: CBIC Circular No. 261/07/2026-GST dated 26.10.2026.

GST

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Tax Update 26 Oct 2026

ITC Allowed on Demo Vehicles for Car Dealers

CBIC withdraws its 2024 view on ITC for demo vehicles used for test drives. Key Points: - ITC on demo vehicles is NOT blocked for dealers under the dealer-agency model, where the manufacturer sells directly to customers. - ITC is allowed in both agency and traditional dealership models. - Demo vehic... CBIC withdraws its 2024 view on ITC for demo vehicles used for test drives. Key Points: - ITC on demo vehicles is NOT blocked for dealers under the dealer-agency model, where the manufacturer sells directly to customers. - ITC is allowed in both agency and traditional dealership models. - Demo vehicles help further supply of such vehicles, so Section 17(5)(a) block does not apply. - Para 4.6 of Circular 231/25/2024-GST is withdrawn. Source: CBIC Circular No. 262/08/2026-GST dated 26.10.2026.

GST

View Source (taxinformation.cbic.gov.in)

Tax Update 26 Oct 2026

Rule 96(10) Omitted from 2017 - Relief for Exporters

CBIC: omission of Rule 96(10) applies from 23.10.2017, after the Supreme Court ruling dated 06.08.2026 in Goodluck India Ltd. Key Points: - Rule 96(10) denied IGST export refund where inputs were bought with IGST exemption or concession. - The rule was omitted from 08.10.2024, now effective from 201... CBIC: omission of Rule 96(10) applies from 23.10.2017, after the Supreme Court ruling dated 06.08.2026 in Goodluck India Ltd. Key Points: - Rule 96(10) denied IGST export refund where inputs were bought with IGST exemption or concession. - The rule was omitted from 08.10.2024, now effective from 2017. - Pending Rule 96(10) cases to be decided in line with the judgment. - Same applies to Rules 89(4A) and 89(4B). - Exporters should review pending notices and appeals. Source: CBIC Circular No. 264/10/2026-GST dated 26.10.2026.

GST

View Source (taxinformation.cbic.gov.in)

Tax Update 26 Oct 2026

GST Registration: New Guidelines for Applicants

CBIC issues guidelines to avoid queries and rejection of GST registration applications. Key Points: - Legal name must match PAN. - Give the full, exact business address with PIN code and map location. - Premises of a family member: choose Consent, not Own, and upload the consent letter. - Rented wit... CBIC issues guidelines to avoid queries and rejection of GST registration applications. Key Points: - Legal name must match PAN. - Give the full, exact business address with PIN code and map location. - Premises of a family member: choose Consent, not Own, and upload the consent letter. - Rented without agreement: upload an undertaking with the latest electricity or water bill. - Photos must be recent, individual and front-face - not a copy of PAN/Aadhaar. - Upload only clear, legible documents. Source: CBIC Circular No. 257/03/2026-GST dated 26.10.2026.

GST

View Source (taxinformation.cbic.gov.in)

Tax Update 26 Oct 2026

Pre-deposit for GST Appeals Clarified

CBIC clarifies pre-deposit rules for GST appeals under Sections 107 and 112. Key Points: - Pay the admitted amount in full plus 10% of the disputed tax. - Tribunal: 10% on the tax confirmed in first appeal and still disputed. - Refund of pre-deposit cannot be denied just because the Department appea... CBIC clarifies pre-deposit rules for GST appeals under Sections 107 and 112. Key Points: - Pay the admitted amount in full plus 10% of the disputed tax. - Tribunal: 10% on the tax confirmed in first appeal and still disputed. - Refund of pre-deposit cannot be denied just because the Department appeals. - Claim the refund in RFD-01 under On account of order. - Interest on refund runs from the actual date of each pre-deposit. Source: CBIC Circular No. 259/05/2026-GST dated 26.10.2026.

GST

View Source (taxinformation.cbic.gov.in)

Tax Update 26 Oct 2026

Input Service Distributor (ISD): Issues Clarified

CBIC clarifies key issues on Input Service Distributor (ISD). Key Points: - Each separate registration receiving common service invoices needs its own ISD registration. - ISD must distribute credit in the month it finds the credit eligible, showing eligible and ineligible credit separately. - Sectio... CBIC clarifies key issues on Input Service Distributor (ISD). Key Points: - Each separate registration receiving common service invoices needs its own ISD registration. - ISD must distribute credit in the month it finds the credit eligible, showing eligible and ineligible credit separately. - Section 16 / 17 conditions and reversals are for the recipient units. - Wrong distribution: penalty on ISD, excess credit recovered from recipients. - Rule 54(1A) transfers are not turnover of the transferring unit. Source: CBIC Circular No. 260/06/2026-GST dated 26.10.2026.

GST

View Source (taxinformation.cbic.gov.in)

Tax Update 26 Oct 2026

Export Payments in SNRR / Nostro Accounts Accepted

CBIC clarifies receipt of export payments for GST. Key Points: - Export of services: payment in SNRR, INR Nostro or similar repatriable accounts is valid. - Stock brokers paid through SNRR or NRE accounts qualify. - Set-off of export receivables against import payables, as allowed by RBI, is valid.... CBIC clarifies receipt of export payments for GST. Key Points: - Export of services: payment in SNRR, INR Nostro or similar repatriable accounts is valid. - Stock brokers paid through SNRR or NRE accounts qualify. - Set-off of export receivables against import payables, as allowed by RBI, is valid. - Export of goods: realisation time limit follows RBI rules, including extensions. - No refund recovery where the AD bank has written off realisation. Source: CBIC Circular No. 263/09/2026-GST dated 26.10.2026.

GST

View Source (taxinformation.cbic.gov.in)

Tax Update 24 Oct 2026

MCA Extends Due Dates for AOC-4 and MGT-7 / MGT-7A for FY 2025-26

MCA has extended the due dates for annual filings under the Companies Act, 2013 for FY 2025-26, without additional fees. Key Highlights: - Financial statements (AOC-4, AOC-4 CFS, AOC-4 XBRL, AOC-4 NBFC (Ind AS), AOC-4 CFS NBFC (Ind AS)): up to 31 December 2026. - Annual returns (MGT-7 and MGT-7... MCA has extended the due dates for annual filings under the Companies Act, 2013 for FY 2025-26, without additional fees. Key Highlights: - Financial statements (AOC-4, AOC-4 CFS, AOC-4 XBRL, AOC-4 NBFC (Ind AS), AOC-4 CFS NBFC (Ind AS)): up to 31 December 2026. - Annual returns (MGT-7 and MGT-7A): up to 31 January 2027. - No additional fees if filed within these extended dates. - AGM due dates are NOT extended. Companies that missed AGM timelines remain liable under the Act. - Filings after the extended dates attract full additional fees, counted from the original due date. Source: MCA General Circular No. 05/2026 dated 24.10.2026.

COMPANY LAW

General Circular 05 2026 0001 .pdf

Tax Update 19 Oct 2026

New Rule 281A and Form 173A Notified for Exemption on Government Securities

CBDT has notified the Income-tax (Seventh Amendment) Rules, 2026, inserting Rule 281A and Form No. 173A. Key Highlights: - Exemption under Schedule IV (Sl. Nos. 13D and 13E) now requires Form 173A. - Form covers interest and capital gains from Government securities. - Part A: name, residence,... CBDT has notified the Income-tax (Seventh Amendment) Rules, 2026, inserting Rule 281A and Form No. 173A. Key Highlights: - Exemption under Schedule IV (Sl. Nos. 13D and 13E) now requires Form 173A. - Form covers interest and capital gains from Government securities. - Part A: name, residence, PAN, TIN, SEBI FPI/FII registration, tax year. - Part B: ISIN, security type, tenor, values, gross interest, capital gains. - Effective from the date of Gazette publication. Source: Notification G.S.R. 901(E), 19.10.2026.

INCOME TAX

Notification Of Rule 281A And Form No. 173A In Respect Of Exemptions Provided Un... .pdf

Tax Update 13 Oct 2026

GSTN Releases FAQs on 57th GST Council Recommendations

GSTN Issues FAQs on 57th GST Council Recommendations! Key Highlights: - Simplified GST registration and amendments. - Automated cancellation of GST registration. - Faster, risk-based GST refund processing. - Proposed changes in ITC refunds. - Clarifications on GST rates and classification.... GSTN Issues FAQs on 57th GST Council Recommendations! Key Highlights: - Simplified GST registration and amendments. - Automated cancellation of GST registration. - Faster, risk-based GST refund processing. - Proposed changes in ITC refunds. - Clarifications on GST rates and classification. - Reforms in litigation and e-way bill procedures. Note: Implementation is subject to applicable legal amendments and notifications. Source: GSTN Advisory, 13.10.2026.

GST

View Source (gst.gov.in)

Tax Update 16 Oct 2026

e-Invoicing Extended to RCM Self-Invoices (RCMDOM & RCMIMP)

GSTN has introduced e-invoicing for recipient-generated self-invoices under Reverse Charge, as recommended by the 57th GST Council meeting. Key Highlights: - Two new supply types: RCMDOM (domestic supplies from unregistered persons) and RCMIMP (import of services). - Applies to taxpayers with turno... GSTN has introduced e-invoicing for recipient-generated self-invoices under Reverse Charge, as recommended by the 57th GST Council meeting. Key Highlights: - Two new supply types: RCMDOM (domestic supplies from unregistered persons) and RCMIMP (import of services). - Applies to taxpayers with turnover (AATO) of Rs.5 crore and above. - Recipient selects RCMDOM / RCMIMP and generates IRN through an authorised IRP. - Now live in sandbox on all 6 IRPs for testing. - Production rollout date will be notified later. Note: Applicability is subject to notifications to be issued by the Government. Source: GSTN Advisory, 16.10.2026.

GST

View Source (gst.gov.in)

Tax Update 01 Oct 2026

GSTAT Issues SOP for Transfer of Appeals

The GST Appellate Tribunal (GSTAT) has issued an SOP for filing a Transfer Appeal where multiple appeals involving an identical question of law are pending before different GSTAT Benches. Where a taxpayer has multiple GSTINs linked to the same PAN, such appeals can be selected and consolidated thro... The GST Appellate Tribunal (GSTAT) has issued an SOP for filing a Transfer Appeal where multiple appeals involving an identical question of law are pending before different GSTAT Benches. Where a taxpayer has multiple GSTINs linked to the same PAN, such appeals can be selected and consolidated through a single Transfer Appeal for adjudication by an appropriate Bench. The SOP explains the complete online filing process, including case selection, document upload, checklist, final submission and acknowledgement.

GST

Tax Update 01 Oct 2026

GSTAT Issues SOP for Filing of Reply by Respondents

GSTAT has issued a Standard Operating Procedure (SOP) explaining the process for respondents to file replies, where required, against appeals filed against them. The SOP covers case search, uploading the reply, selection of e-sign utility, document submission and generation of receipt after succe... GSTAT has issued a Standard Operating Procedure (SOP) explaining the process for respondents to file replies, where required, against appeals filed against them. The SOP covers case search, uploading the reply, selection of e-sign utility, document submission and generation of receipt after successful filing. Respondents should follow the prescribed procedure while filing replies on the GSTAT portal.

GST

Tax Update 28 Sep 2026

TAX AUDIT DUE DATE EXTENDED

CBDT has extended the Tax Audit Report due date for AY 2026-27. Earlier Due Date: 30 September 2026 Extended Due Date: 21 October 2026 The extension applies to persons covered by the relevant audit provisions of the Income-tax Act, 1961. Source: CBDT Press Release dated 28 September 2026

INCOME TAX

Tax Update 28 Sep 2026

ITR DUE DATE EXTENDED FOR AUDIT CASES

For AY 2026-27, CBDT has extended the due date for furnishing the Return of Income by persons covered under the applicable audit category of Explanation 2 to Section 139(1). 31 October 2026 to 21 November 2026 Note: This is not a general extension for all ITR filers.

INCOME TAX

Tax Update 23 Sep 2026

CBDT Revises Registration Rules & Extends Deadline

CBDT has amended the Income-tax Rules, 2026, revising procedures relating to electronic communication and registration of valuers and authorised income-tax practitioners. Specified registration deadlines have been extended to 31 March 2027. Forms 169 and 171 have also been substituted with updat... CBDT has amended the Income-tax Rules, 2026, revising procedures relating to electronic communication and registration of valuers and authorised income-tax practitioners. Specified registration deadlines have been extended to 31 March 2027. Forms 169 and 171 have also been substituted with updated formats. Impact: Relevant for valuers, authorised tax practitioners, CAs and other tax professionals.

INCOME TAX

Tax Update 23 Sep 2026

CBDT Introduces New TDS Reporting for Property Bought from Non-Residents

From 1 October 2026, resident Individuals/HUFs purchasing immovable property from non-resident sellers must report TDS details through the new Schedule E of Form 141. Schedule B will continue for resident sellers. Schedule E requires property, buyer/seller, consideration, SDV, payment and TDS de... From 1 October 2026, resident Individuals/HUFs purchasing immovable property from non-resident sellers must report TDS details through the new Schedule E of Form 141. Schedule B will continue for resident sellers. Schedule E requires property, buyer/seller, consideration, SDV, payment and TDS details, including prescribed overseas identification details of non-resident sellers. Source: CBDT Notification No. 121/2026 dated 22.09.2026.

INCOME TAX

Tax Update 21 Sep 2026

NEW DSC TOKEN? GST PORTAL USERS MUST UPDATE emSigner

GSTN has released emSigner v3.3 for compatibility with new DSC USB tokens. 1. New DSC token issued on/after 21 Sept 2026 → emSigner v3.3 required 2. Existing valid & working DSC → No immediate upgrade needed 3. Existing FIPS 140-2 DSCs can continue till their expiry 4. Facing DSC signing/detec... GSTN has released emSigner v3.3 for compatibility with new DSC USB tokens. 1. New DSC token issued on/after 21 Sept 2026 → emSigner v3.3 required 2. Existing valid & working DSC → No immediate upgrade needed 3. Existing FIPS 140-2 DSCs can continue till their expiry 4. Facing DSC signing/detection issues? Upgrade to v3.3 GSTN Advisory No. 672 dated 19 Sept 2026

GST

Tax Update 19 Sep 2026

Income Tax Recovery: Arrest & Detention Provisions Removed

The CBDT has amended Rule 225 of the Income-tax Rules, 2026, removing provisions relating to arrest and detention in prison as a mode of recovery of tax arrears. Other recovery mechanisms, including attachment and sale of movable or immovable property, continue to apply. The Rule 225 amendments are... The CBDT has amended Rule 225 of the Income-tax Rules, 2026, removing provisions relating to arrest and detention in prison as a mode of recovery of tax arrears. Other recovery mechanisms, including attachment and sale of movable or immovable property, continue to apply. The Rule 225 amendments are deemed effective from 1 April 2026. Notification: CBDT Notification No. 120/2026 dated 17.09.2026, G.S.R.: 822(E) Rules: Income-tax (Fourth Amendment) Rules, 2026

INCOME TAX

Case Law 01 Oct 2026

Consolidated Show Cause Notice Covering Multiple Financial Years Quashed; Separate Notices Permitted

PartiesHarish Kumar M. v. State of Kerala

CourtHIGH COURT OF KERALA

CitationWP(C) NO. 33413 OF 2026

The GST authorities issued consolidated SCNs covering five financial years, from FY 2020-21 to FY 2024-25, for tax or ITC demands not involving fraud. The petitioner challenged the notice, contending that separate notices were required for each fina... The GST authorities issued consolidated SCNs covering five financial years, from FY 2020-21 to FY 2024-25, for tax or ITC demands not involving fraud. The petitioner challenged the notice, contending that separate notices were required for each financial year. The petitioner relied on earlier Kerala HC rulings supporting the requirement for separate notices.

Decision

The Kerala HC quashed the consolidated SCN in view of its earlier Division Bench decisions. The authorities were granted liberty to issue separate notices for the relevant financial years, with the specified period excluded for limitation purposes. All other contentions were kept open for consideration in fresh proceedings.

GST

Case Law 30 Sep 2026

Reassessment cannot proceed before disposal of objections and expiry of the four-week waiting period.

PartiesH. P. Diamonds India (P.) Ltd. v. Deputy Commissioner of Income-tax

CourtHIGH COURT OF BOMBAY

CitationWRIT PETITION NO. 3233 OF 2019

The assessee, a diamond trader, filed a nil-income return for AY 2012-13, and the assessment was completed u/s 143(3). The AO reopened the assessment u/s 148 and issued a notice u/s 143(2) before furnishing the recorded reasons for reopening. After... The assessee, a diamond trader, filed a nil-income return for AY 2012-13, and the assessment was completed u/s 143(3). The AO reopened the assessment u/s 148 and issued a notice u/s 143(2) before furnishing the recorded reasons for reopening. After rejecting the assessees objections on 31 October 2019, the AO issued a notice u/s 142(1) within the mandatory four-week waiting period.

Decision

The Bombay HC held that objections to reopening must be disposed of through a speaking order before issuing a notice u/s 143(2) or proceeding with the assessment. The AO must wait four weeks after communicating the rejection of objections before taking further action. The Court quashed the notices issued u/s 143(2) and 142(1), along with consequential actions, allowing the assessees petition on these grounds.

INCOME TAX

Case Law 05 Oct 2026

Supreme Court Upholds Dismissal of Writ Petitions as Effective Statutory Appellate Remedy Was Available

PartiesKapil Arora v. Union of India

CourtSUPREME COURT OF INDIA

CitationSLP Appeal (C) No(s). 34425 OF 2026

The GST department seized electronic data and handwritten kachcha parchis during an investigation and alleged unaccounted supplies without GST invoices. The SCNs were issued, and orders-in-original were passed against the assessees. The assessees c... The GST department seized electronic data and handwritten kachcha parchis during an investigation and alleged unaccounted supplies without GST invoices. The SCNs were issued, and orders-in-original were passed against the assessees. The assessees challenged the orders through writ petitions, raising natural justice and evidentiary issues; one had also filed a statutory appeal against the same order.

Decision

The SC dismissed the SLPs, finding no grounds to interfere with the HCs judgment. The statutory appellate remedy was considered effective for examining factual disputes, evidentiary issues, and allegations of procedural violations. The Court upheld the dismissal of the writ petitions, including the parallel writ, while preserving the assessees right to raise their contentions before the appellate authority.

GST

Case Law 01 Oct 2026

ITC cannot be denied under Section 16(4) when returns qualify for the extended cut-off under Section 16(5).

PartiesMaya Vinod v. Assistant State Tax Officer

CourtHIGH COURT OF KERALA

CitationWP(C) NO. 33728 OF 2026

The petitioner claimed ITC for FY 2018-19, but the department denied it u/s 16(4) due to delayed filing of the February and March 2019 returns. The petitioner filed the returns on 13.11.2019 and 27.11.2019, respectively, before the cut-off date of 3... The petitioner claimed ITC for FY 2018-19, but the department denied it u/s 16(4) due to delayed filing of the February and March 2019 returns. The petitioner filed the returns on 13.11.2019 and 27.11.2019, respectively, before the cut-off date of 30.11.2021 prescribed u/s 16(5). The petitioner challenged the order passed u/s 73, arguing that the ITC claim was eligible u/s 16(5) despite the limitation u/s 16(4).

Decision

The Kerala HC held that the petitioner was eligible for the benefit of Section 16(5), as both returns were filed before the prescribed cut-off date. The Court quashed the order denying ITC, holding that rejection u/s 16(4) was unsustainable in view of Section 16(5). The assessing authority was directed to reconsider the claim and grant ITC, subject to fulfilment of other applicable statutory conditions.

GST

Case Law 29 Sep 2026

Section 153D approvals without proper application of mind cannot sustain search assessments.

PartiesPr. Commissioner of Income-tax 4 v. Helios Exports Ltd.

CourtSUPREME COURT OF INDIA

CitationSLP (CIVIL) Diary No(s). 50423 OF 2026

The AO submitted draft assessment orders to the Additional Commissioner for prior approval u/s 153D of the Income-tax Act, 1961. The approvals were identically worded, granted en masse within 24 hours, and lacked references to the draft orders, indi... The AO submitted draft assessment orders to the Additional Commissioner for prior approval u/s 153D of the Income-tax Act, 1961. The approvals were identically worded, granted en masse within 24 hours, and lacked references to the draft orders, indicating non-application of mind. The Income Tax Appellate Tribunal quashed the approvals and set aside the consequential assessment orders u/s 153A, which was upheld by the HC.

Decision

The SC declined to interfere with the HCs order, finding no grounds for interference. The SLP filed by the Revenue was dismissed, upholding the decision against the defective approvals u/s 153D. The ruling reinforces that prior approval u/s 153D requires genuine application of mind and cannot be a mere mechanical formality.

INCOME TAX

Case Law 05 Oct 2026

Limitation Governed by Substantive SCN and Adjudication Order Dates, Not DRC-01/DRC-07

PartiesAparna Collection v. Union of India

CourtHIGH COURT OF DELHI

CitationW.P.(C) Nos. 3501 & 3449 of 2026

Aparna Collection faced GST proceedings for allegedly claiming wrongful ITC of Rs. 23,06,264 and Rs. 2,68,320 through invoices from non-existent suppliers. The substantive SCNs were dated 9 and 11 July 2024, whereas DRC-01 summaries were dated 23 an... Aparna Collection faced GST proceedings for allegedly claiming wrongful ITC of Rs. 23,06,264 and Rs. 2,68,320 through invoices from non-existent suppliers. The substantive SCNs were dated 9 and 11 July 2024, whereas DRC-01 summaries were dated 23 and 28 August 2024. One DRC-07 summary was also issued after the assessees claimed limitation deadline. The assessee challenged the proceedings as time-barred and disputed the evidence supporting allegations of fraud and wrongful ITC claims.

Decision

The Delhi HC held that limitation is determined by the dates of the substantive SCNs and adjudication orders, not merely by the later dates of DRC-01 and DRC-07 summaries. The Court rejected the limitation challenge based solely on the summary dates and held that the remaining factual and legal disputes should be raised before the statutory Appellate Authority. The writ petitions were disposed of, granting liberty to the assessee to appeal u/s 107 of the CGST Act, without the Court expressing an opinion on the merits of the remaining disputes.

GST

Case Law 01 Oct 2026

Ex Parte Order Quashed for Improper Service of Show Cause Notice

PartiesArup Datta v. State of West Bengal

CourtHIGH COURT OF CALCUTTA

CitationWPA No. 17895 of 2026

The petitioner challenged an ex parte GST adjudication order dated 16.01.2025 concerning a demand for tax, interest, and penalty. The SCN dated 22.10.2024 was uploaded only under the Additional Notice and Orders tab without separate intimation. The... The petitioner challenged an ex parte GST adjudication order dated 16.01.2025 concerning a demand for tax, interest, and penalty. The SCN dated 22.10.2024 was uploaded only under the Additional Notice and Orders tab without separate intimation. The petitioner contended that the lack of intimation prevented a reply and violated the principles of natural justice.

Decision

The Court held that uploading the notice without separate intimation, resulting in denial of an opportunity to respond, violated natural justice. The ex parte adjudication order dated 16.01.2025 was quashed and set aside. The authority was directed to consider the petitioners reply, provide a hearing, and pass a fresh reasoned order within the prescribed timelines.

GST

Case Law 01 Oct 2026

GST Refund Withholding Upheld Where Pending Anti-Evasion Investigation Indicated Fraud and Revenue Risk

PartiesDevi Electronics (P.) Ltd. v. Commissioner CGST Delhi South

CourtHIGH COURT OF DELHI

CitationW.P. (C) No.15557 of 2024

The petitioner claimed Rs. 3.15 crore IGST refund on exports, which was allowed by the Appellate Authority. The Departments ongoing investigation revealed non-existent suppliers, doubtful goods movement, and discrepancies in the supply chain. The C... The petitioner claimed Rs. 3.15 crore IGST refund on exports, which was allowed by the Appellate Authority. The Departments ongoing investigation revealed non-existent suppliers, doubtful goods movement, and discrepancies in the supply chain. The Commissioner withheld the refund u/s 54(11) on the ground that the investigation could adversely affect revenue.

Decision

An ongoing investigation can constitute any other proceedings for Section 54(11). The Commissioner had sufficient contemporaneous material to form an opinion of possible fraud/malfeasance affecting revenue. The Court upheld the withholding of refund and dismissed the writ petition, leaving disputed issues to the GSTAT.

GST

Case Law 29 Sep 2026

SCN Cannot Be Quashed When Statutory Adjudication Has Commenced

PartiesDhruv Medicos (P.) Ltd. v. Deputy Commissioner

CourtHIGH COURT OF DELHI

CitationW.P.(C) No. 10213 OF 2025

A medicine distributor faced a GST audit and deposited Rs. 40.10 lakh through DRC-03, which it later alleged was paid under coercion. The audit proposed additional GST liability, and the petitioner disputed the audit findings, limitation, computatio... A medicine distributor faced a GST audit and deposited Rs. 40.10 lakh through DRC-03, which it later alleged was paid under coercion. The audit proposed additional GST liability, and the petitioner disputed the audit findings, limitation, computation, jurisdiction, and appropriation of the deposited amount. After issuance of a Section 74 SCN, the petitioner approached the Delhi HC seeking its quashing.

Decision

The Court held that the SCN does not constitute a final determination of tax liability and the adjudication process was still pending. All objections, including alleged coercion, limitation, computation, jurisdiction, and appropriation of DRC-03, could be raised before the Adjudicating Authority. Therefore, the Court declined to interfere at the SCN stage and left all substantive issues open for adjudication.

GST

Case Law 29 Sep 2026

Classification and Exemption Dispute Requires Adjudication Through Statutory Appeal

PartiesNovus Animal Nutrition India (P.) Ltd. v. Union of India

CourtHIGH COURT OF MADHYA PRADESH

CitationWRIT PETITION No. 18613 of 2026

Petitioner classified animal feed supplements under HSN 2309 and claimed GST exemption. Department alleged that the products were medicaments under HSN 3004 and confirmed differential GST of approximately Rs. 21.61 crore. Petitioner challenged the... Petitioner classified animal feed supplements under HSN 2309 and claimed GST exemption. Department alleged that the products were medicaments under HSN 3004 and confirmed differential GST of approximately Rs. 21.61 crore. Petitioner challenged the order through a writ petition alleging, inter alia, that the order travelled beyond the SCN and violated natural justice.

Decision

Classification, exemption eligibility and alleged SCN-order variance involved factual and legal issues requiring appellate examination. Alleged natural justice violations were not apparent ex facie and could also be examined by the Appellate Authority. The Writ petition was dismissed, with liberty to pursue the Section 107 statutory appeal, and the time spent in writ proceedings was excluded for limitation purposes.

GST

Case Law 02 Sep 2026

COVID-19 Delay Cannot Waive Statutory GST Penalty Where Tax and Interest Are Not Paid Within 30 Days of SCN

PartiesGlobal Infonetwork v. Superintendent of Central GST and Central Excise

CourtHIGH COURT OF MADRAS

CitationWP No. 33634 of 2026

The case concerned GST dues for the 2020-2021 period, with the petitioner claiming that COVID-19 caused delay in remitting tax through GSTR-3B. The adjudicating authority imposed interest and a 10% penalty on the tax demand of Rs. 7,14,322. The pet... The case concerned GST dues for the 2020-2021 period, with the petitioner claiming that COVID-19 caused delay in remitting tax through GSTR-3B. The adjudicating authority imposed interest and a 10% penalty on the tax demand of Rs. 7,14,322. The petitioner challenged only the penalty and sought its waiver on the ground of the COVID-19-related delay.

Decision

The Court held that the 10% penalty could be waived only if tax and interest were paid within 30 days of receipt of the SCN. Since the petitioner failed to make payment within the prescribed 30-day period, there was no statutory basis for waiving the penalty. The Court found no infirmity in the penalty order and declined to interfere, disposing of the writ petition without costs.

GST

Case Law 31 Aug 2026

Supreme Court Upholds Quashing of Section 148 Notice for Want of Valid Sanction from Prescribed Authority

PartiesAssistant Commissioner of Income-tax v. Swami Shanti Prakash Ashram Trust

CourtSUPREME COURT OF INDIA

CitationSLP (CIVIL) Diary No(s). 47786 of 2026

The AO issued a notice u/s 148 on 28-03-2021 to reopen the assessment for AY 2015-16, relying upon the extended limitation period available under TOLA. The notice was issued after obtaining approval from the Commissioner (Exemption) instead of the J... The AO issued a notice u/s 148 on 28-03-2021 to reopen the assessment for AY 2015-16, relying upon the extended limitation period available under TOLA. The notice was issued after obtaining approval from the Commissioner (Exemption) instead of the Joint Commissioner prescribed u/s 151(2). The assessee challenged the reopening proceedings on the ground that the notice lacked valid statutory sanction from the competent authority.

Decision

The Court held that although TOLA extended the limitation period up to 31-03-2021, it did not modify the requirement of obtaining approval from the authority specified u/s 151. For the notice issued on 28-03-2021, sanction from the Joint Commissioner was mandatory, and approval granted by the Commissioner (Exemption) was therefore invalid. The SC dismissed the Revenues SLP and upheld the quashing of the section 148 notice and consequential reassessment proceedings.

INCOME TAX

Case Law 28 Aug 2026

Genuine Share Transactions Cannot Be Treated as Bogus Merely on Suspicion of Price Manipulation

PartiesCommissioner of Income-tax v. Sohanraj Uttamchand

CourtHIGH COURT OF MADRAS

CitationT.C.A. Nos. 714 and 721 of 2018 and others

The assessees claimed exemption u/s 10(38) on substantial LTCG from the sale of listed shares through recognised stock exchanges. The AO suspected accommodation entries and price manipulation due to the extraordinary increase in share prices and tre... The assessees claimed exemption u/s 10(38) on substantial LTCG from the sale of listed shares through recognised stock exchanges. The AO suspected accommodation entries and price manipulation due to the extraordinary increase in share prices and treated the gains as unexplained credits u/s 68. The Tribunal deleted the additions because the transactions had documentary support and there was no direct, corroborated evidence linking the assessees to the alleged manipulation.

Decision

The Court held that suspicion or unusual price appreciation alone cannot establish that genuine stock-market transactions are bogus. The Revenue was required to produce positive and reliable evidence connecting the assessees with the alleged manipulation, which it failed to do. The Court upheld deletion of the section 68 additions and the consequential penalty, dismissed the Revenues appeals, and confirmed the Tribunals findings.

INCOME TAX

Case Law 03 Sep 2026

Blocked ITC under Rule 86A cannot be used for mandatory appeal pre-deposit

PartiesSpherion Solutions (P.) Ltd. v. Additional Commissioner Adjudication CGST, Delhi North

CourtHIGH COURT OF DELHI

CitationW.P. (C) No. 3418 of 2026

The petitioner was issued an order confirming the IGST demand of Rs. 33.32 lakh for FY 2020-21 and 2021-22 and intended to file an appeal u/s 107 of the CGST Act. The petitioners ITC of Rs. 17.96 lakh was blocked under Rule 86A, and it was requested... The petitioner was issued an order confirming the IGST demand of Rs. 33.32 lakh for FY 2020-21 and 2021-22 and intended to file an appeal u/s 107 of the CGST Act. The petitioners ITC of Rs. 17.96 lakh was blocked under Rule 86A, and it was requested that Rs. 3.33 lakh be appropriated from the blocked credit towards the mandatory 10% pre-deposit. The petitioner also faced difficulty filing the appeal due to an incorrect DRC-07, which was subsequently rectified by the department.

Decision

The Delhi HC held that blocked ITC under Rule 86A cannot be treated as payment or appropriation towards the pre-deposit, as the credit cannot be debited while the restriction remains in force. The petitioner was permitted to seek removal or modification of the Rule 86A restriction and could use any otherwise available and debitable ECL credit for the pre-deposit; it was not required to pay the pre-deposit exclusively through the cash ledger.

GST

Case Law 07 Sep 2026

Reopening Not Permissible Where Issues Were Examined and Accepted in Original Scrutiny

PartiesPrincipal Commissioner of Income-tax v. NTPC Ltd.

CourtHIGH COURT OF DELHI

CitationIT Appeal No. 89 of 2026

The assessees assessment for A.Y. 2007-08 was originally completed u/s 143(3), during which the AO raised queries regarding oil and gas exploration expenses, preliminary expenses and prior-period income. The assessee furnished detailed replies addre... The assessees assessment for A.Y. 2007-08 was originally completed u/s 143(3), during which the AO raised queries regarding oil and gas exploration expenses, preliminary expenses and prior-period income. The assessee furnished detailed replies addressing all three issues, and after considering the explanations, the AO completed the assessment without making any addition on these matters. Subsequently, notice u/s 148 was issued and reassessment proceedings were initiated on the same issues, resulting in additions towards oil and gas exploration expenses and preliminary expenses.

Decision

The HC held that the reassessment proceedings were initiated merely because the subsequent AO disagreed with the view taken by the predecessor AO. Since the issues had already been examined during the original scrutiny assessment and the assessee had furnished satisfactory explanations, reopening the assessment on the same issues amounted to a mere change of opinion. The Court upheld the orders of the CIT(A) and Tribunal annulling the reassessment proceedings and rejected the Revenues appeal.

INCOME TAX

Case Law 25 Aug 2026

Charitable Trust Entitled to Section 11(1A) Exemption on Sale Proceeds Invested in FD Despite Omission in Return

PartiesSheth Shree Karshandas Halu Dharamshala Jamnagar v. Commissioner of Income-tax (Exemption)

CourtHIGH COURT OF GUJARAT

CitationR/SPECIAL CIVIL APPLICATION NO. 15686 of 2025

A charitable trust sold its Dharamshala property for about Rs. 4.87 crores and invested the entire sale proceeds in a two-year FD with a scheduled bank. Due to inadvertence, the trust did not claim the Section 11(1A) exemption in its return and cons... A charitable trust sold its Dharamshala property for about Rs. 4.87 crores and invested the entire sale proceeds in a two-year FD with a scheduled bank. Due to inadvertence, the trust did not claim the Section 11(1A) exemption in its return and consequently paid excess tax of about Rs. 1 crore. The Commissioner rejected the trusts revision application u/s 264 seeking the exemption, prompting the trust to challenge the rejection before the HC.

Decision

The Court held that investment of the sale proceeds in a bank fixed deposit for six months or more constitutes acquisition of another capital asset for purposes of Section 11(1A). The Court held that an inadvertent omission to claim a legitimate exemption in the return does not prevent relief u/s 264, particularly where the assessee has acted bona fide and disclosed all relevant facts. The rejection order was quashed and set aside, and the trust was granted the Section 11(1A) exemption with refund of excess tax and applicable interest u/s 244A.

INCOME TAX

Case Law 17 Sep 2026

Reassessment Quashed for Inadequate Inquiry into Foreign Remittance Reconciliation

PartiesAmazon Web Services Inc v. Assistant Commissioner of Income-tax

CourtHIGH COURT OF DELHI

CitationW.P.(C) No. 13680 of 2026

The assessees earlier assessment had already examined transactions of about Rs. 2,966.30 crore, but a subsequent notice u/s 148A(1) alleged income escapement relating to foreign remittances and non-deduction of TDS. The alleged discrepancy arose fro... The assessees earlier assessment had already examined transactions of about Rs. 2,966.30 crore, but a subsequent notice u/s 148A(1) alleged income escapement relating to foreign remittances and non-deduction of TDS. The alleged discrepancy arose from differences between Risk Management Strategy portal figures and figures in the earlier assessment and Section 201 proceedings. The assessee contended that the relevant information was not supplied with the notice and that its reply was not properly considered by the AO.

Decision

The Delhi HC held that the dispute appeared to result from unreconciled figures and inadequate information being furnished to the assessee. The Court set aside the Section 148A(3) order and consequential Section 148 notice, observing that the inquiry at that stage was limited. The matter was restored to the Section 148A(1) stage, directing the AO to provide the information, consider the assessees reply, and grant a personal hearing before passing a fresh order.

INCOME TAX

Case Law 17 Sep 2026

ESOP expense held allowable; subsequent Merchant Banker requirement cannot invalidate earlier CA valuation

PartiesPrincipal Commissioner of Income-tax v. Delhivery (P.) Ltd.

CourtHIGH COURT OF DELHI

CitationIT Appeal No. 479 of 2024

The assessee, Delhivery (P.) Ltd., claimed a deduction of Rs. 51.48 crore towards ESOP expenditure as business expenditure. The AO disallowed the ESOP expenditure, but the CIT(A) and ITAT deleted the disallowance, relying on the Delhi HCs earlier de... The assessee, Delhivery (P.) Ltd., claimed a deduction of Rs. 51.48 crore towards ESOP expenditure as business expenditure. The AO disallowed the ESOP expenditure, but the CIT(A) and ITAT deleted the disallowance, relying on the Delhi HCs earlier decision in CIT v. Lemon Tree Hotels Ltd. The assessee also furnished a share valuation report prepared by a Chartered Accountant for section 56(2)(viib). The AO rejected it on the ground that the valuation should have been done by a Merchant Banker.

Decision

The Delhi HC held that ESOP expenditure was allowable as business expenditure and upheld the ITATs deletion of the Rs. 51.48 crore disallowance. For AY 2018-19, the Court held that the requirement of Merchant Banker valuation was not applicable, since the CBDT notification dated 24-05-2018 operated from the subsequent financial year. The Court therefore upheld the deletion of the Rs. 62.72 lakh addition u/s 56(2)(viib) and dismissed the Revenues appeal.

INCOME TAX

Case Law 18 Sep 2026

Section 6(2)(b) Bar Not Applicable Where Central GST Proceedings Involve Distinct Fraudulent ITC Allegations

PartiesKrishna Industries v. Commissioner of Central Goods and Services Tax

CourtHIGH COURT OF DELHI

CitationW.P.(C) No. 4897 of 2025

The assessee claimed Rs. 6.12 lakh ITC from M.R. Enterprises, which had earlier been examined by State GST authorities u/s 73. DGGI/CGST authorities subsequently initiated Section 74 proceedings alleging fraudulent ITC based on invoices without actu... The assessee claimed Rs. 6.12 lakh ITC from M.R. Enterprises, which had earlier been examined by State GST authorities u/s 73. DGGI/CGST authorities subsequently initiated Section 74 proceedings alleging fraudulent ITC based on invoices without actual supply. The assessee challenged the subsequent proceedings u/s 6(2)(b), claiming that they concerned the same ITC already examined by the State.

Decision

The Court held that the same subject matter means the same liability or contravention, not merely the same assessee, period or ITC amount. The Central proceedings were founded on distinct investigative material concerning alleged bogus transactions and fraudulent ITC. Section 6(2)(b) was therefore not attracted, and the writ petition was dismissed with liberty to pursue the statutory appeal.

GST

Case Law 18 Sep 2026

Export Quota Premium to be Excluded under Explanation (baa) for 80HHC Deduction

PartiesOrient Crafts Ltd. v. Commissioner of Income-tax

CourtSUPREME COURT OF INDIA

CitationCIVIL APPEAL NO(S). 137 to 144 OF 2013

The assessee, an exporter of readymade garments, claimed a Section 80HHC deduction after including export quota premium in business profits. The AO accepted the claim, but the CIT invoked Section 263, holding that 90% of the quota premium should hav... The assessee, an exporter of readymade garments, claimed a Section 80HHC deduction after including export quota premium in business profits. The AO accepted the claim, but the CIT invoked Section 263, holding that 90% of the quota premium should have been excluded under Explanation (baa). The ITAT ruled in favour of the assessee, while the Delhi HC upheld the CITs revisionary order, leading to the SC appeal.

Decision

The SC held that Section 263 can be invoked where the assessment order is both erroneous and prejudicial to the interests of the Revenue. The Court noted that the HC had properly considered the dispute regarding the treatment of export quota premium and the applicability of Explanation (baa). The SC upheld the HCs judgment and dismissed the assessees appeals, thereby sustaining the CITs exercise of revisionary jurisdiction u/s 263.

INCOME TAX

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Ex Parte Order Quashed for Improper Service of Show Cause Notice

GST Refund Withholding Upheld Where Pending Anti-Evasion Investigation Indicated Fraud and Revenue Risk

SCN Cannot Be Quashed When Statutory Adjudication Has Commenced

Classification and Exemption Dispute Requires Adjudication Through Statutory Appeal

COVID-19 Delay Cannot Waive Statutory GST Penalty Where Tax and Interest Are Not Paid Within 30 Days of SCN

Supreme Court Upholds Quashing of Section 148 Notice for Want of Valid Sanction from Prescribed Authority

Genuine Share Transactions Cannot Be Treated as Bogus Merely on Suspicion of Price Manipulation

Blocked ITC under Rule 86A cannot be used for mandatory appeal pre-deposit

Reopening Not Permissible Where Issues Were Examined and Accepted in Original Scrutiny

Charitable Trust Entitled to Section 11(1A) Exemption on Sale Proceeds Invested in FD Despite Omission in Return

Reassessment Quashed for Inadequate Inquiry into Foreign Remittance Reconciliation

ESOP expense held allowable; subsequent Merchant Banker requirement cannot invalidate earlier CA valuation

Section 6(2)(b) Bar Not Applicable Where Central GST Proceedings Involve Distinct Fraudulent ITC Allegations

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