SLP dismissed , Interest on Government Grants Taxable as Income from Other Sources Summary in Key Points: Issue: Should interest earned on government grants deposited in fixed deposits by a construction corporation be treated as income from other sources under Section 56? Facts: The assessee, a state-owned construction corporation, received grants from the State Government… Read More »
Revision under Section 263 Set Aside: Assessing Officer Conducted Sufficient Inquiries Summary in Key Points: Issue: Was the Principal Commissioner justified in invoking Section 263 to revise the assessment order, claiming that the Assessing Officer failed to conduct adequate inquiries and verification? Facts: The assessee, engaged in share trading, was selected for scrutiny due to… Read More »
Income Accrual: Hypothetical Income Not Taxable : Only the real income could be brought to tax Summary in Key Points: Issue: Did the income of Rs. 2.01 crores accrue to the assessee during the assessment year 2013-14, even though it was contingent on the fulfillment of certain conditions? Facts: The assessee had an agreement to… Read More »
Procedure to be followed in department appeal filed against interest and/or penalty only, related to Section 128A of the CGST Act, 2017 Key Bullet Points: Departmental Appeals Related to Section 128A of CGST Act, 2017 (Interest/Penalty Only) Background: Instruction clarifies the procedure for departmental appeals related to interest and/or penalty under Section 128A of the… Read More »
11 IMPORTANT GST CASE LAWS 06.02.2025 Sr No Case Law Title Brief Summary Citation Relevant Section and Act 1 Jyoti Tar Products (P.) Ltd. v. Deputy Commissioner, State Tax Shibpur Charge WBGST ITC Denial for Supplies from Retrospectively Cancelled Registrations: Matter Remanded for Re-adjudication. Click Here Section 16 Central Goods and Services Tax Act, 2017… Read More »
GST Order uploaded on “additional notices and orders” on GST Portal : Fresh Proceedings Ordered Summary in Key Points: Issue: Was the assessee prejudiced by the placement of the order under the “additional notices and orders” tab on the GST portal, and were their replies and annexures duly considered? Facts: The assessee argued that the… Read More »
Pre-Deposit for Appeal Facilitated :If Bank Accounts are Attached then Bank is directed to transfer 10% of tax demand to the respondent as pre-deposit for filing appeal. Summary in Key Points: Issue: Should the assessee be allowed to make the pre-deposit required for filing an appeal, even though their bank account is subject to a… Read More »
Appeal to be Considered on Merits if Assessee Initialy failed to pre-deposit 20% amount online But Later deposited the Amount Summary in Key Points: Issue: Was the dismissal of the petitioner’s appeal justified due to an inadvertent error in not indicating the pre-deposit amount online, even though the pre-deposit was subsequently made? Facts: The petitioner… Read More »
GST Appeal Delay Condonation due to COVID-19 pandemic : Appellate Authority to Consider Application on Merits Summary in Key Points: Issue: Should the Appellate Authority consider and decide the assessee’s application for condonation of delay in filing an appeal, especially given the challenges faced during the COVID-19 pandemic? Facts: The assessee received a show cause… Read More »
Proceedings Under Section 74 of GST Stayed: Prima Facie Evidence of Fraud Required Summary in Key Points: Issue: Can proceedings under Section 74(1) be initiated without prima facie evidence of wilful suppression, misstatement, or fraud? Facts: The petitioner challenged a show cause notice proposing to invoke Section 74(1), arguing that there was no prima facie… Read More »