Charitable Trust: Income Accumulation Allowed on Gross Receipts, Loan Utilization Clarified Summary in Key Points: Issue 1: Calculation of Accumulated Income Should the assessee, a charitable trust, be allowed to accumulate income under Section 11(1)(a) at 15% of gross receipts or net income? Decision: Following the precedent in BS & G Foundation, the accumulation was… Read More »
New claims by Income Tax Department after approval of Resolution Plan cannot be considered. Summary in Key Points: Issue: Can the Income Tax Department raise new claims for dues arising prior to the approval of a resolution plan under the Insolvency and Bankruptcy Code (IBC)? Facts: The assessee-company underwent insolvency proceedings under the IBC. The… Read More »
11 IMPORTANT GST CASE LAWS 11.02.2025 Sr No Case Law Title Brief Summary Citation Relevant SectionA AND Act 1 CBIC Instruction No. 02/2025-GST Dated 07.02.2025 CBIC directed department to withdraw appeals filed for wrong calculation of interest & penalty if tax is paid as per Section 128A Click here Central Goods and Services Tax Act,… Read More »
Detention of Goods and Conveyance: Factual Disputes Require Adjudication, Not Writ Intervention Summary in Key Points: Issue: Should the High Court intervene in a writ petition challenging the detention of goods and conveyance when there are disputed questions of fact regarding compliance with Section 129 and the origin of goods? Facts: The petitioner challenged the… Read More »
GST Appeal Stayed: Interim Relief Granted Due to Non-Constitution of Tribunal Summary in Key Points: Issue: Should interim relief be granted to the assessee who is unable to file an appeal due to the non-constitution of the Appellate Tribunal? Facts: The assessee sought to appeal an order passed by the first appellate authority. However, the… Read More »
GST Appeal Stayed: Interim Relief Granted Due to Non-Constitution of Tribunal Summary in Key Points: Issue: Should interim relief be granted to the assessee who is unable to file an appeal due to the non-constitution of the Appellate Tribunal? Facts: The assessee sought to appeal an order passed by the first appellate authority. However, the… Read More »
High Court upheld its order directing separate orders for each assessment year. Summary in Key Points: Issue: Can the adjudicating authority issue a composite order covering multiple assessment years in a case involving tax evasion under Section 74 of the CGST Act, or should separate orders be passed for each year? Facts: The assessee received… Read More »
High Court cannot compel the GST adjudicating authority to decide the case in stages. Summary in Key Points: Issue: Can the High Court direct the adjudicating authority to decide a show cause notice (SCN) under Section 74 of the CGST Act in stages, addressing preliminary objections separately before considering the merits of the case? Facts:… Read More »
GST Demand for Wrongful ITC Availment Set Aside: Technical Error in Claiming CGST/SGST Instead of IGST Summary in Key Points: Issue: Was the demand for wrongly availed Input Tax Credit (ITC) justified when the assessee claimed eligible IGST credit under CGST/SGST instead of IGST? Facts: The revenue authorities imposed a demand, interest, and penalty under… Read More »
GST Refund Allowed to Purchaser on advance payment for a contract that was subsequently cancelled , Credit note not required to be issued by Supplier Summary in Key Points: Issue: Is the assessee entitled to a refund of GST paid on an advance payment for a contract that was subsequently cancelled due to the supplier’s… Read More »