Transit anticipatory bail in a GST inquiry for a non-existent firm is denied; pre-arrest bail must be sought from the jurisdictional court. Issue: Whether transit anticipatory bail should be granted to an applicant apprehending arrest in a GST inquiry (under Sections 69 and 132 of the CGST/UPGST Act, 2017) where summons have been issued alleging… Read More »
Regular bail granted in alleged fraudulent ITC case due to sufficient incarceration, bail to main co-accused, clean antecedents, no recovery, and right to speedy trial. Issue: Whether regular bail should be granted to an accused arrested for allegedly availing fraudulent Input Tax Credit (ITC) by using fake invoices and firms, when a co-accused (identified as… Read More »
GST registration cancellation is to be revoked upon assessee filing returns and paying all dues, including tax and interest already deposited, and any outstanding demand. Issue: When an assessee’s GST registration has been cancelled due to a failure to file GST returns, and the assessee subsequently deposits the requisite tax and interest and expresses willingness… Read More »
I. GST demand order for wrongly claimed ITC set aside and remanded due to non-consideration of reply. II. GST demand order for GSTR 3B vs. 2A reconciliation set aside and remanded due to non-availability of utility for IGST on imports/SEZ supplies. III. Challenge to GST limitation extension notifications is stayed pending Supreme Court’s decision. I.… Read More »
Budgetary support scheme claims can be calculated and filed monthly, despite quarterly disbursal, leading to setting aside of impugned order and consideration of assessee’s claim. Issue: Whether claims for “budgetary support” (reimbursement of State taxes under a specific scheme) are to be worked out and filed strictly on a quarterly basis, or if they can… Read More »
IMPORTANT INCOME TAX CASE LAWS 31.05.2025 Section/Notification Case Law Title Brief Summary Citation Relevant Act NOTIFICATION NO. 51/2025 AND NOTIFICATION NO. 50/2025, DATED 29-05-2025 N/A CBDT issued corrigendum to substitute Schedule 80-IE in ITR-3 and ITR-5 for AY 2025-26. NOTIFICATION NO. 51/2025 AND NOTIFICATION NO. 50/2025, DATED 29-05-2025 Income-tax Act, 1961 2(22)(e) Krishan Kant Kohli… Read More »
CIT(A)’s dismissal of appeal on delay grounds is unsustainable if filed within the extended time limit specified by CBDT Circular No. 20/2016. Issue: Whether an appeal filed before the Commissioner (Appeals) (CIT(A)) can be dismissed on the ground of delay, when the appeal was filed manually within the standard limitation period and subsequently e-filed within… Read More »
Revenue directed to refund excess recovery (beyond 20%) with interest, as stay application was pending and 20% of demand was already deposited. Issue: Whether revenue authorities can adjust an additional sum from an assessee when the assessee has already deposited 20 percent of the total demand, has filed an appeal before the Commissioner (Appeals), and… Read More »
Income Tax recovery notices for pre-resolution plan dues, including penalties, are quashed if not part of the NCLT-approved resolution plan, as such dues stand extinguished. Issue: Whether demands raised by the Income Tax Department (including penalties under Sections 270A and 271AAC of the Income-tax Act, 1961) for a period prior to the date on which… Read More »
Application for 80G approval (Form 10AB) rejection reversed and remanded; Commissioner to process under correct clause as assessee made a bona fide error in section selection. Issue: Whether the Commissioner (Exemptions) is justified in rejecting an assessee-trust’s application for approval under Section 80G(5) on the ground that the specific sub-clause chosen (Section 80G(5)(iv)(B)) requires activities… Read More »