Reassessment notice issued after the extended deadline is invalid. Issue Whether a reassessment notice issued under the amended Section 148 is valid if it is served on the assessee after the specific deadline set by the Supreme Court’s order in light of the Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance (TOLA), 2020. Brief… Read More »
Title: An Assessing Officer cannot re-initiate reassessment on the same issues already considered and concluded in a prior assessment. Issue Whether an Assessing Officer can re-open an assessment under Section 148A for the same issues that were already examined and concluded in a prior assessment order for the same assessment year. Brief Facts The… Read More »
Title: An order cannot be revised under Section 263 if the Assessing Officer conducted an inquiry. Issue Can a Principal Commissioner revise an assessment order under Section 263 on the grounds of “lack of inquiry” when the Assessing Officer (AO) has, in fact, conducted an inquiry, taken a view, and deleted an addition based on… Read More »
An assessee is not a beneficiary of a bogus penny stock transaction if they can provide complete evidence to support the genuineness of the share transaction. Issue Whether the additions made under Section 68 of the Income-tax Act, 1961, based on the allegation of bogus long-term capital gains (LTCG) from the sale of penny… Read More »
An unregistered sale deed with a spouse invalidates a Section 54F exemption claim. Issue Whether an assessment order allowing a Section 54F exemption based on an unregistered sale agreement with a related party (the assessee’s wife), without the Assessing Officer (AO) conducting proper inquiries, can be considered erroneous and prejudicial to the revenue, thus justifying… Read More »
Important GST Case Law 20.09.2025 Section Case Law Title Brief Summary Citation 29 Gaurav Auto (India) v. Principal Commissioner of GST, North Delhi Retrospective cancellation of registration without affording an opportunity for a reply to the SCN or a personal hearing is a violation of natural justice and was set aside. Click Here 29 Shiv… Read More »
A rectification application cannot be used to recall an appellate order on merits. Issue Can an appellate order that has been decided on its merits be recalled or set aside by the tax authorities simply because the respondent has filed a Special Leave Petition (SLP) with the Supreme Court, and does Section 161 of the… Read More »
Lack of communication of cancellation order is a valid ground to condone delay. Issue Whether an appeal filed after the statutory limitation period can be admitted by the Appellate Authority when the assessee claims they were not served with the Show Cause Notice (SCN) or the GST registration cancellation order. Brief Facts A law firm,… Read More »
Failure to give proper opportunity of hearing renders the ex-parte order null and void. Issue Whether an ex-parte order under Section 73 of the CGST Act is legally sustainable when the show cause notice provided a personal hearing date before the due date for submitting a written reply, thereby violating the fundamental principle of a… Read More »
Non-communication of an ex-parte order allows the assessee to re-open the proceedings. Issue Whether an ex-parte order passed against an assessee under Section 73 of the CGST Act is valid when the notice was not properly communicated to the assessee through the designated portal tab. Brief Facts An ex-parte order was passed against the petitioner-assessee… Read More »