Income Tax Assessment Order Quashed: Denial of Personal Hearing Violates Natural Justice Summary in Key Points: Issue: Was the assessment order valid when the assessee’s explicit request for a personal hearing was denied? Facts: The assessee filed a writ petition challenging the assessment order passed under Section 148A(d) and the notice disposing of objections. The… Read More »
Reassessment notice quashed as it was issued by the Assessing Officer instead of NFAC. Summary in Key Points: Issue: Was the reopening notice issued by the Jurisdictional Assessing Officer valid, or did the power to issue such notices lie exclusively with the National Faceless Assessment Centre (NFAC)? Facts: For AY 2017-18, the Jurisdictional Assessing Officer… Read More »
Bogus Trading Allegations Unsubstantiated: Section 69A Addition Deleted Summary in Key Points: Issue: Was the addition under Section 69A justified based on allegations of bogus commodity trading due to client code modifications? Facts: The assessee filed returns, and assessments were completed under Section 143(3). The Assessing Officer, based on information from the Investigating Wing about… Read More »
Cash Deposits During Demonetization Explained: Section 68 Addition Invalid Summary in Key Points: Issue: Can the Assessing Officer invoke Section 68 or 69A when the assessee has declared the source of cash deposits in their books of account, and there is no contrary evidence? Facts: The assessee, trading in machinery parts/bearings, filed a return declaring… Read More »
Agricultural Income Exemption Denied: Land Not Under Cultivation Summary in Key Points: Issue: Was the assessee’s claim for agricultural income exemption justified? Facts: The assessee claimed an exemption for agricultural income. An Income Tax Inspector’s spot enquiry report stated the land was plotted and not cultivated. The assessee offered no explanation. The Commissioner (Appeals) noted… Read More »
Development Agreement Not a “Transfer”: Capital Gains Assessment Quashed Summary in Key Points: Issue: Did the development agreement constitute a “transfer” under Section 2(47) of the Income-tax Act, triggering capital gains tax? Facts: The assessee, an NRI, entered into a development agreement with a builder for constructing flats on a sharing basis. Lower authorities treated… Read More »
15 GST CASE LAWS 01.02.2025 Sr No Case Law Title Brief Summary Citation Relevant Act 1 Metalax Industries v. GST Officer Ward 66 Both DGGI and State GST proceedings could not be carried on simultaneously. Click Here Section 6 Central Goods and Services Tax Act, 2017 2 Blue Moon Cool Systems v. Assistant Commissioner GST… Read More »
Penalty for Goods Detention Quashed: No Show Cause Notice uploaded on GST Portal or Served Physically Summary in Key Points: Issue: Was the penalty imposed for the detention of goods and a vehicle valid when there was a valid e-way bill, no show cause notice, and no justification for detention? Facts: The assessee’s vehicle carrying… Read More »
Detention of Goods: Writ Petition Dismissed, Appeal Remedy Available Summary in Key Points: Issue: Could the assessee challenge the detention of goods and a vehicle in transit via a writ petition at the notice stage under Section 130, arguing that Section 129 should have been applied? Facts: The assessee’s goods and vehicle were detained in… Read More »
GST Demand Order Set Aside: Denial of Access to Employee statements Requires Fresh Adjudication Summary in Key Points: Issue: Was the impugned order valid when it failed to consider the assessee’s grounds, denied access to employee statements, and relied heavily on another order without confronting the assessee with it? Facts: The petitioner-assessee challenged the order,… Read More »