India: Income Tax

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Article
India’s Digital Tax Search Powers: Supreme Court Rejects PIL, Affirms Section 132 Jurisprudence
The Supreme Court dismissed a public interest litigation challenging the constitutionality of digital search and seizure powers under Section 132 of the Income Tax Act, 1961 and the corresponding Section 247 of the Income Tax Act, 2025 on March 9, 2026. Chief Justice Surya Kant’s bench refused to entertain arguments that warrantless access to cloud servers, emails, and encrypted devices violates Article 21 privacy rights, holding that existing judicial review mechanisms adequately safeguard taxpayers while enabling tax evasion combat.
India Tax
Ka
Khurana and Khurana
Article
Streamlining Cheque Bounce Litigation: The Supreme Court’s Deepening In Sanjabij Tari v. Kishore S. Borcar.
The Supreme Court of India in its recent decision in Sanjabij Tari vs. Kishore S. Borcar and anr. , effectively reiterates and clarifies the legal position under Section 138 of the Negotiable Instruments Act, 1881 (NI Act). The judgment deals with several key aspects, including: (i) the scope and strength of the statutory presumptions under Sections 118 and 139, (ii) how and to what extent an accused can challenge the complainant’s financial capacity, (iii) the limited grounds on which revisional courts can interfere with concurrent findings, and (iv) broader directions issued to tackle the growing backlog of cheque dishonour cases.
India Litigation
Saga Legal
Article
Understanding The Treatment Of An HUF Under The Income Tax Act, 1961
A Hindu Undivided Family (HUF) is a unique legal institution recognised under Hindu personal law, arising from the joint status of a family, rather than any formal act of creation. It is ordinarily constituted of every person lineally descended from a common ancestor, together with their wives, sons, and unmarried daughters. Within this structure, a coparcener refers to a member who acquires an interest in joint family property by birth and has the right to seek partition.
India Tax
Fox & Mandal
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