Opportunity Granted for Revocation of GST Registration Cancellation Upon Payment of Dues Issue: Whether an assessee can be allowed to apply for revocation of cancellation of their GST registration after the registration has been cancelled, and under what conditions. Facts: The assessee’s GST registration was cancelled. The assessee filed a writ petition seeking a direction… Read More »
Restoration of GST Registration Ordered Upon Payment of Dues Issue: Whether the cancellation of GST registration for non-filing of returns can be revoked when the assessee has paid all outstanding dues and is willing to pay any further dues, including penalties, for the restoration of registration. Facts: The assessee’s GST registration was cancelled due to… Read More »
Challenge to Constitutional Validity of Section 17(5)(c) and (d) of CGST Act Dismissed in Light of Supreme Court Decision Issue: Whether the constitutional validity of Section 17(5)(c) and (d) of the CGST Act, which deals with the apportionment of input tax credit and blocked credits, can be challenged. Facts: The petitioners filed a writ petition… Read More »
11 Important Income Tax case Law 22.02.2025 Section Case Law Title Brief Summary Citation 26 Nam Group Aslali v. AO, CPC Income from co-owned property should be taxed in the hands of individual co-owners based on their respective shares. Even if one member of the AOP is taxable at a rate higher than MMR, the… Read More »
Prosecution for Failure to Furnish Return of Income Allowed Despite Payment of Penalty Issue: Whether prosecution under Section 276CC of the Income-tax Act, 1961, for failure to furnish a return of income is permissible even if the assessee has paid the penalty for the delay in filing the return. Facts: The revenue filed a complaint… Read More »
Penalty Imposed Within Limitation Period Despite 11 days Delay in Proceedings Issue: Whether the penalty imposed under Section 271DA of the Income-tax Act, 1961, for violation of Section 269ST (acceptance of cash exceeding the prescribed limit) is time-barred when there is a delay in initiating penalty proceedings after a search operation. Facts: A search was… Read More »
Penalty Order Remanded for Granting Opportunity of Hearing to Assessee Issue: Whether a penalty order passed under Section 271(1)(c) of the Income-tax Act, 1961, is valid when the assessee was not given an opportunity to be heard due to non-disposal of their application for consolidation of appeals. Facts: The Income Tax Appellate Tribunal (ITAT) passed… Read More »
Reassessment Notice Issued to Deceased Assessee Quashed; Department Allowed to Proceed Against Legal Heir Issue: Whether a reassessment notice issued under Section 148 of the Income-tax Act, 1961, is valid when it is addressed to a deceased assessee, despite the department being informed about the death. Facts: The assessee’s father passed away on April 29,… Read More »
For Benami Property Transactions , Section 69 Addition has to be made in multiple beneficial owner Reassessment for Unexplained Investment Remanded in Light of Benami Transaction; Approval Timing Clarified Key Issues and Decisions: I. Unexplained Investment and Benami Transaction: Issue: Whether the entire amount of an unexplained investment under Section 69 can be added to… Read More »
Section 56(2)(x) is not applicable to investments made before its insertion. Unexplained Investment Addition Deleted, and Section 56(2)(x) Deemed Inapplicable Key Issues and Decisions: I. Unexplained Investment in a Flat: Issue: Whether an addition made under Section 69 for an unexplained investment in a flat is justified when the investment was made in an earlier… Read More »