Daily Archives: January 22, 2025

Revocation of GST registration cancellation was allowed due to the assessee’s willingness to pay outstanding dues.

By | January 22, 2025

Revocation of GST registration cancellation was allowed due to the assessee’s willingness to pay outstanding dues. Summary in Key Points: Issue: Whether the delay in filing an application for revocation of GST registration cancellation can be condoned. Facts: The assessee’s GST registration was cancelled. They later filed an application for revocation of cancellation, but it… Read More »

Category: GST

Retrospective cancellation of GST registration requires specific reasons and cannot be mechanical.

By | January 22, 2025

Retrospective cancellation of GST registration requires specific reasons and cannot be mechanical. Summary in Key Points: Issue: Whether the revenue department can cancel GST registration retrospectively without providing reasons and specific notice about the possibility of such cancellation in the show cause notice. Facts: The revenue department cancelled the assessee’s GST registration retrospectively from July… Read More »

Category: GST

Retrospective cancellation of GST registration without a hearing was set aside and remanded for readjudication.

By | January 22, 2025

Retrospective cancellation of GST registration without a hearing was set aside and remanded for readjudication. Summary in Key Points: Issue: Whether the cancellation of the assessee’s GST registration with retrospective effect was valid when the assessee was not given an opportunity to be heard. Facts: The assessee’s registration was initially cancelled for failure to update… Read More »

Category: GST

Order reversing 1% of ITC  under Rule 86B  without a personal hearing was set aside and remanded for reconsideration.

By | January 22, 2025

Order reversing 1% of ITC  under Rule 86B  without a personal hearing was set aside and remanded for reconsideration. This case involves the reversal of Input Tax Credit (ITC) under GST Rule 86B and the assessee’s right to natural justice. Here’s a breakdown: Summary in Key Points: Issue: Whether the revenue department was justified in… Read More »

Category: GST

11 IMPORTANT INCOME TAX CASE LAW 22.01.25

By | January 22, 2025

11 INCOME TAX CASE LAW 22.01.25 Sr No Case Law Title Brief Summary Citation Relevant Section and Act and 1 Vidya Kunj School v. Income-tax Officer Society not entitled to exemption under sections 11 and 12 due to non-filing of return of income. Click here Section 12A Income Tax Act, 1961 2 Vidya Kunj School… Read More »

Gobinda Chandra Behera

By | January 22, 2025

HIGH COURT OF ORISSA Gobinda Chandra Behera v. Commissioner of CT and GST* Arindam Sinha and WP(C) No.171 of 2025 I.A. No.234 of 2025 JANUARY  7, 2025 Appellate Tribunal – Appeals to – Non-constitution of Tribunal – Interim relief – Assessee was aggrieved by order passed by first appellate authority – Assessee wanted to file appeal therefrom before Tribunal, however… Read More »

Category: GST

Reopening notice quashed as prior approval was not granted by the Principal Chief Commissioner.

By | January 22, 2025

Reopening notice quashed as prior approval was not granted by the Principal Chief Commissioner. Summary in Key Points: Issue: Whether a reopening notice issued under Section 148 of the Income-tax Act, 1961 was valid when the approval for reopening was granted by an authority not empowered to do so under Section 151. Facts: The assessee… Read More »

Firm was not required to explain the source of income of its partners for capital contributions received : ITAT

By | January 22, 2025

Firm was not required to explain the source of income of its partners for capital contributions received. Addition under section 68 deleted for capital contribution from partners as it was not based on incriminating material. Addition under section 69A deleted for loan received through banking channels with supporting evidence. This case deals with three separate… Read More »

Addition under section 68 deleted for long-term capital gain on sale of shares as  Independent Investigation not conducted by AO 

By | January 22, 2025

Addition under section 68 deleted for long-term capital gain on sale of shares as  Independent Investigation not conducted by AO Summary in Key Points: Issue: Whether the Assessing Officer (AO) was justified in treating the assessee’s long-term capital gain (LTCG) on the sale of shares as bogus and adding it back as income under Section… Read More »