Inadvertent Error in Return Not Fatal; Legitimate Exemption Under 10(23C) Upheld. Issue Can an assessee be denied a legitimate and approved tax exemption under Section 10(23C) merely because they made an inadvertent error in their income tax return by claiming the exemption under a different, incorrect section (Section 10(46))? Facts The assessee, an autonomous statutory… Read More »
TAX AUDIT LATE FILING टैक्सपेयर को मिली बड़ी राहत INCOME TAX LATEST UPDATE
Interest Payable on Unconstitutional Ocean Freight GST Refund as Retention Violates Article 265. Issue Whether the government is liable to pay interest on the refund of a tax (IGST on ocean freight) that was collected without the authority of law, and whether the standard procedural limits of the GST Act (like the 60-day refund window)… Read More »
SEZ unit entitled to refund of unutilized IGST ITC distributed by ISD. Issue Can a Special Economic Zone (SEZ) unit claim a refund of unutilized Input Tax Credit (ITC) of IGST that it received from its Input Service Distributor (ISD), or is the refund claim restricted only to the original supplier of the service? Facts… Read More »
Recovery from Electronic Credit Ledger upheld as sec. 79(1)(a) authorises recovery. Issue Can the GST department, under Section 79 of the CGST Act, legally recover confirmed tax dues by debiting the amount from the taxpayer’s Electronic Credit Ledger (ECL) if the taxpayer fails to pay the demand within the stipulated time and before a statutory… Read More »
State Assessments Quashed as Parallel Proceedings on Same Period Are Impermissible. Issue Can a State GST authority initiate and pass an assessment order for a specific tax period when a Central GST authority (DGGI) has already conducted an investigation, passed an order, and the matter for the same period is currently sub judice (pending) before… Read More »
HC Relegates GST Fraud Case to Appeal, Citing Disputed Facts. Issue Can a High Court, in its writ jurisdiction, adjudicate a high-value GST demand that involves complex and disputed questions of fact (like the existence of suppliers and movement of goods), or must the taxpayer first exhaust the statutory appellate remedy, even if the appeal… Read More »
ITC Allowed on Power Infrastructure Outside Factory as it is Movable Plant & Machinery. Issue Whether Input Tax Credit (ITC) is available on capital goods (like wires, cables, switchyards) and related services (installation) used to create power transmission infrastructure, especially when this infrastructure is installed outside the factory premises to draw electricity from a DISCOM… Read More »
Invoice Value is Deemed Value for Related Parties; Transport to Unregistered Persons is GST-Exempt. Issue The applicant sought an advance ruling on two key issues: What is the correct value of supply for goods (cement and iron) sold to related parties who are eligible for full Input Tax Credit (ITC)? Are transport services provided to… Read More »
HC: Blocking ITC Without Independent “Reasons to Believe” is Unsustainable. Issue Can a jurisdictional officer legally block a taxpayer’s Input Tax Credit (ITC) under Rule 86A of the CGST Rules, based solely on a generic alert from the Directorate General of GST Intelligence (DGGI) that a supplier is “fake,” without conducting an independent inquiry or… Read More »