I. GST demand order set aside due to lack of pre-consultation notice (DRC-01A), remanding for fresh adjudication with opportunity to be heard. II. Challenge to GST limitation extension notifications is stayed pending Supreme Court’s decision. I. GST Demand Order Set Aside Due to Failure to Issue Pre-Consultation Notice (Form GST DRC-01A). Issue: Whether a GST… Read More »
IMPORTANT INCOME TAX CASE LAWS 27.05.2025 Section/Rule Case Law Title Brief Summary Citation Relevant Act/Scheme 11, Rule 12A(1)(b) Cossimbazar Social Welfare and Development Trust v. Income – tax Officer Income of charitable trust assessed as nil as application of funds equaled gross receipts; AO failed to consider. Click Here Income-tax Act, 1961 11, Rule 12A(1)(b)… Read More »
Trust income from will, being the sole trust, is taxable at AOP rates, not MMR. Issue: Whether a trust created by a will for the benefit of specific family members, whose shares of income from the trust might be undetermined, should be taxed at the Maximum Marginal Rate (MMR) under Section 164 of the Income-tax… Read More »
Surcharge on dividend income for discretionary trusts is levied at slab rates, not the maximum 37%. Issue: Whether the surcharge on dividend income earned by a private discretionary trust, which is taxable at the Maximum Marginal Rate (MMR) under Section 164 of the Income-tax Act, 1961, should be levied at the highest rate (e.g., 37%)… Read More »
Faceless assessment order passed without a granted personal hearing is a violation of natural justice. Issue: Whether a faceless assessment order passed without providing the requested personal hearing through video conferencing, especially when the revenue failed to appear for a scheduled hearing, violates the principles of natural justice and is therefore liable to be set… Read More »
Single-day delay in ITR filing due to technical glitches is condonable, especially when the initial application was timely. Issue: Whether a one-day delay in filing an Income Tax Return (ITR) can be condoned under Section 119(2)(b) of the Income-tax Act, 1961, when the delay is attributed to technical glitches and the initial condonation application was… Read More »