Full Depreciation on Goodwill Acquired in Slump Sale Held Allowable. Issue Whether an assessee is entitled to claim depreciation on “goodwill” that was recognized in its books following a slump sale (representing the excess consideration paid over the FMV of tangible assets), and whether the full rate of depreciation is applicable. Facts For the Assessment… Read More »
HC Upholds ITAT Remand; Interest Income is Business Income per Prior Year’s Ruling. Issue Whether interest income earned by an electricity distribution company from staff loans, advances, and fixed deposits, as well as miscellaneous receipts (like from the sale of tender forms), should be classified as “Business Income” (Section 28(i)) or as “Income from Other… Read More »
HC Grants Final Opportunity for 12AB Registration, Citing Curable Defects and Natural Justice. Issue Whether a final order rejecting a trust’s application for registration under Section 12AB, which was passed ex parte due to the assessee’s repeated failure to comply with notices and attend hearings, should be set aside to provide one final opportunity of… Read More »
Sports Trust’s Charitable Status Must Be Re-adjudicated per SC’s AUDA Ruling. Issue Whether the claim of a “General Public Utility” (GPU) trust for charitable exemption under Section 11 must be re-adjudicated by the Assessing Officer in light of the new legal principles laid down by the Supreme Court in the Ahmedabad Urban Development Authority (AUDA)… Read More »
Anti-Profiteering Case Dismissed as DGAP Consistently Found No Contravention. Issue Whether anti-profiteering proceedings under Section 171 of the CGST Act should be dropped when the investigating authority (DGAP), despite repeated investigations ordered by higher authorities (NAA/CCI), consistently finds that the taxpayer has not contravened the law. Facts An investigation was initiated against the respondent (assessee)… Read More »
HC Quashes Ex Parte Order; Sole Reliance on Portal Upload is an “Empty Formality”. Issue Whether an ex parte assessment order is legally valid if the Show Cause Notice (SCN) was only uploaded to the “View Additional Notice and Orders” tab on the GST portal (and not the main notices tab), and no personal hearing… Read More »
HC Grants Bail in ₹7.46 Cr GST Fraud Case, Citing Prolonged Custody and Documentary Evidence. Issue Whether an accused in a significant GST ITC fraud case is entitled to regular bail after several months of judicial custody, where the investigation is yet to be adjudicated, no further custodial interrogation is required, and the evidence is… Read More »
Failure to Fix a Date for Personal Hearing Invalidates GST Demand Order; HC Remands. Issue Whether a GST demand order passed under Section 73 (non-fraud) is legally valid if the adjudicating authority failed to fix any date for a personal hearing, and whether a subsequent appellate order dismissing the appeal as time-barred can be sustained.… Read More »
Single Composite GST Show Cause Notice Covering Multiple Years Held Invalid and Quashed. Issue Whether a single, composite Show Cause Notice (SCN) issued under Section 73 of the CGST Act, which covers multiple distinct assessment periods (financial years), is legally valid and can be the basis for passing adjudication orders. Facts The GST authorities issued… Read More »
HC Sets Aside Bail, Rules Arrest Memo with Grounds is Substantial Compliance. Issue Whether a bail order granted by a Chief Judicial Magistrate (CJM) is legally sustainable when it is based on the technical ground that the notice of arrest sent to a relative did not contain the detailed “Grounds of Arrest,” even though the… Read More »