Topic

Legal Fiction

3 articlesLatest March 2026
Section 148 IT Act | Reassessment Notice Issued Beyond Limitation Period Void After Supreme Court's Rajeev Bansal Ruling : ITAT Agra
Case Law Analysis
|Income Tax Appellate Tribunal

Section 148 IT Act | Reassessment Notice Issued Beyond Limitation Period Void After Supreme Court's Rajeev Bansal Ruling : ITAT Agra

ITAT Agra quashed reassessment notices issued on 30.07.2022 for AYs 2013-14 and 2014-15, holding that the notices exceeded the limitation period under Section 148 of the IT Act post the Supreme Court's decision in Rajeev Bansal. The tribunal ruled that the legal fiction expiry bars reassessment notices issued beyond the prescribed timeline, reinforcing the binding precedent on tax authorities.

Pension Adjustment as Disciplinary Penalty | Post-Retirement Pay Reduction Valid Under Service Regulations if Proceedings Initiated Pre-Retirement : SC
Case Law Analysis
|Supreme Court of India

Pension Adjustment as Disciplinary Penalty | Post-Retirement Pay Reduction Valid Under Service Regulations if Proceedings Initiated Pre-Retirement : SC

The Supreme Court ruled that disciplinary penalties involving permanent pay scale reduction can be enforced post-retirement through pension adjustment, provided proceedings were initiated before superannuation. This holding clarifies that service regulations permit such penalties even after retirement, impacting retired bank employees and public servants facing disciplinary action.

Uttar Pradesh Reorganisation Act, 2000 | State Reorganisation Overrides Deeming Fiction Under Multi-State Cooperative Societies Act, 2002 : SC
Case Law Analysis
|Supreme Court of India

Uttar Pradesh Reorganisation Act, 2000 | State Reorganisation Overrides Deeming Fiction Under Multi-State Cooperative Societies Act, 2002 : SC

The Supreme Court has ruled that the territorial reorganisation of states under the Uttar Pradesh Reorganisation Act, 2000 takes absolute precedence over the deeming provision in Section 103 of the Multi-State Cooperative Societies Act, 2002, rendering cooperative societies operating within a single post-reorganisation state ineligible for multi-state status. This decision directly impacts hundreds of agricultural cooperatives in Uttarakhand and Uttar Pradesh, resolving long-standing ambiguity over asset ownership and regulatory jurisdiction after state bifurcation.