Denial of ITC for Availment Under Wrong Head in ECL Set Aside; Electronic Credit Ledger is a Unified Pool of Funds Issue: Whether eligible Input Tax Credit (ITC) can be denied, and a demand for tax, interest, and penalty raised, merely because the assessee, during the GST transition period, inadvertently claimed the credit under a… Read More »
Retailer Discounts: Prima Facie Not Consideration for Services, Demand Stayed Issue: Whether discounts given by manufacturers to retailers should be construed as “consideration for services rendered by the retailer to promote goods of the manufacturer,” thereby making them subject to GST under Section 15 of the Central Goods and Services Tax Act, 2017. Facts: The… Read More »
Refund Claim for Data Hosting Services Remanded: Appellate Authority to Reconsider Export Status in Light of CBIC Circular and Precedents Issue: Whether data hosting services rendered by a petitioner-assessee to foreign affiliates constitute “export of services” under the Integrated Goods and Services Tax Act, 2017 (IGST Act), and thus qualify for a refund of IGST,… Read More »
Software Development Services to Overseas Entity Qualify as Export of Services, Not Intermediary Services Issue: Whether software development services provided by a petitioner-assessee to its overseas entity, under a master service agreement explicitly stating an independent service provider relationship and no agency, constitute “export of services” (not liable for GST) or “intermediary services” (liable for… Read More »
I. High Court Bench’s Territorial Jurisdiction for GST Matters Based on Assessee’s Place of Business/Search, Not Just Adjudicating Authority’s Location Issue: Whether a High Court Bench (specifically, the Indore Bench) has territorial jurisdiction to entertain a writ petition concerning a GST matter when the assessee’s registration and place of business are within its territorial limits… Read More »
IMPORTANT INCOME TAX CASE LAWS 05.06.2025 SECTION CASE LAW TITLE Brief Summary Citation Relevant Act 138 Notification The CBDT has notified ‘Secretary to the Government of Maharashtra, Women and Child Development’ as a specified authority u/s 138 for sharing information to identify eligible beneficiaries under the Mukhyamantri Mazi Ladki Bahin Yojana. Notification No. 54/2025, Dated… Read More »
Case Transfer Under Section 127 Upheld for Co-ordinated Investigation Despite Assessee’s Inconvenience Issue: Whether an order transferring an assessee’s income tax assessment file from their original jurisdiction to another, particularly to a Central Circle following a search operation on a group of companies, is valid under Section 127 of the Income-tax Act, 1961, especially when… Read More »
Section 56(2)(vii)(b) Addition Not Sustainable When Property Valuation Taken from Allotment Date Due to Agreement and Payments Issue: Whether an addition under Section 56(2)(vii)(b) of the Income-tax Act, 1961 (income from other sources due to difference between property’s set forth value and stamp duty valuation) is sustainable when the assessee entered into a purchase agreement… Read More »
MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION New Delhi, the 3rd June, 2025 S.O. 2479(E).––In pursuance of sub-clause (ii) of clause (a) of sub-section (1) of section 138 of the Income-tax Act, 1961, the Central Government hereby specifies ‘Secretary to the Government of Maharashtra, Women and Child Development’ for the… Read More »
Section 54F Exemption: Matter Remanded for AO to Verify Assessee’s Compliance with Capital Gain Account Scheme Issue: Whether an assessee, who applied to open a capital gain account within the time limit prescribed under Section 139(1) but whose bank opened the account after the due date, should be denied deduction under Section 54F of the… Read More »