No addition u/s 69 for cash deposits from liquor sales during demonetization, if properly accounted. Issue: Whether cash deposits made in Specified Bank Notes (SBNs) during the demonetization period by a State Government undertaking engaged in liquor sales should be treated as unexplained investments under Section 69 of the Income-tax Act, 1961, and taxed under… Read More »
Reassessment Invalid Due to Full Disclosure by Assessee. Issue: Whether a reassessment initiated under Section 147 of the Income-tax Act, 1961, is valid when the assessee had fully and truly disclosed all material facts necessary for completing the original assessment. Facts: The assessee had given interest-free loans to related concerns and claimed interest on borrowed… Read More »
Post-Commencement Subsidy Deemed Revenue Receipt Under Section 28(iv). Issue: Whether a subsidy received by an assessee-company engaged in manufacturing milk and milk products for developing an integrated cold chain facility, after the commencement of business, should be treated as a revenue receipt under Section 28(iv) of the Income-tax Act, 1961. Facts: The assessee-company, engaged in… Read More »
High Hostel Fees Disqualify Educational Institution from Tax Exemption. Issue: Whether a charitable organization operating a pre-primary school and a residential hostel, charging high hostel fees, qualifies for exemption under Section 10(23C)(vi) of the Income-tax Act, 1961. Facts: The assessee, a charitable organization, operated a pre-primary school for tribal students and a residential hostel for… Read More »
Seized Assets Deemed Benami Due to Concealment and Retracted Statements. Issue: Whether transactions or arrangements relating to seized movable properties (cash and gold bullion) were Benami under Section 2(9)(b) of the Prohibition of Benami Property Transactions Act (PBPTA), 1988, when a partnership firm claimed ownership but evidence suggested concealment of beneficial owners and later retracted… Read More »
Extended Time Limit for ITC Claims Under Finance Act, 2024 Requires Reconsideration. Issue: Whether the petitioner-assessee should be granted an opportunity to respond to a show cause notice regarding delayed filing of GST returns and claiming input tax credit (ITC) for the financial year 2018-19, considering the extension of time limits under Section 118 of… Read More »
14 IMPORTANT GST CASE LAWS 03.03.2025 Section Case Law Title Brief Summary Citation 11 Kerala Khadi & Village Industries Board v. Union of India Exemption from GST cannot be claimed based on pre-GST tax laws. Click Here 14 Firstmove Logistics (P.) Ltd. v. Union of India Revised normative rates can be applied retrospectively. Retrospective Revision… Read More »
Assessment Order Set Aside as Served only on GST portal without Personal delivery Issue: Whether an assessment order is valid when the notice was served solely through the GST portal, without compliance with the prescribed modes of service under Section 169 of the GST Act. Facts: The petitioner, a dealer of exempted groceries and taxable… Read More »
Stay Granted on Appellate Order Due to Non-Constitution of Tribunal. Issue: Whether an assessee can obtain interim relief when aggrieved by a first appellate authority’s order, but unable to file an appeal before the GST Appellate Tribunal due to its non-constitution. Facts: The assessee was aggrieved by an order passed by the first appellate authority.… Read More »
All Contentions to be Addressed by Adjudicating Authority in Fraud/Suppression Cases u/s 74. Issue: Whether an assessee can challenge a show cause notice issued under Section 74 of the CGST/SGST Acts (involving fraud, misstatement, or suppression) directly through a writ petition, arguing that the audit report ignored their submissions and there were no grounds for… Read More »