Daily Archives: November 22, 2025

Rejection of Additional Evidence by CIT(A) Overturned; Accountant’s Departure Held as “Sufficient Cause”

By | November 22, 2025

Rejection of Additional Evidence by CIT(A) Overturned; Accountant’s Departure Held as “Sufficient Cause” Issue Whether the sudden discontinuation of services by the assessee’s accountant and authorized representative (AR) constitutes “sufficient cause” under Rule 46A of the Income-tax Rules, 1962, thereby mandating the admission of additional evidence by the Commissioner (Appeals) [CIT(A)], which was not produced… Read More »

The Thavar Dudh Utpadak Sahkari Mandli Limited v. Assistant/Deputy Commissioner of Income Tax

By | November 22, 2025

The Thavar Dudh Utpadak Sahkari Mandli Limited v. Assistant/Deputy Commissioner of Income Tax Issue Whether a reassessment notice issued under Section 148 (and preceding proceedings under Section 148A) is valid if it is issued on an old, surrendered PAN of the assessee (a cooperative society), despite the fact that the assessee had already informed the… Read More »

Supreme Court Restores Revenue’s Appeal on “Jurisdictional Assessing Officer vs. Faceless AO” Controversy.

By | November 22, 2025

Supreme Court Restores Revenue’s Appeal on “Jurisdictional Assessing Officer vs. Faceless AO” Controversy. Issue Whether a reassessment notice under Section 148 issued by a Jurisdictional Assessing Officer (JAO) after March 29, 2022, is valid, or if Section 151A mandates that such notices be issued exclusively by a Faceless Assessing Officer (FAO). Facts Assessment Year: 2018-19.… Read More »

High Court Upholds TDS Obligation for Co-ops with Turnover Over ₹50 Cr; Proviso to Section 194A(3) is Valid

By | November 22, 2025

High Court Upholds TDS Obligation for Co-ops with Turnover Over ₹50 Cr; Proviso to Section 194A(3) is Valid Issue Whether the proviso to Section 194A(3) of the Income-tax Act (inserted by Finance Act, 2020), which mandates large co-operative societies (turnover exceeding ₹50 crores) to deduct TDS on interest payments, is unconstitutional and violative of Article… Read More »

Payments to Non-Exclusive Doctors are Professional Fees (194J), Not Salary (192); Hospital Not in Default.

By | November 22, 2025

Payments to Non-Exclusive Doctors are Professional Fees (194J), Not Salary (192); Hospital Not in Default. Issue Whether payments made by a hospital to a specific group of doctors constitute “Salary” under Section 192 or “Professional Fees” under Section 194J of the Income-tax Act, 1961. The core question was whether the relationship between the hospital and… Read More »

IMPORTANT GST LAWS 21.11.2025

By | November 22, 2025

IMPORTANT GST LAWS 21.11.2025 Section of Act Case Law Title Brief Summary Citation Relevant Act Section 9 Srikanth Industries, In re A pack of ‘Mixed Talimpu Dinusulu’ (Channa dal, Urad dal, Mustard seeds, Jeera), where each component attracts 5% GST under different HSN codes, constitutes a mixed supply. Classification must follow the item attracting the… Read More »

Category: GST

IMPORTANT GST  CASE LAWS 20.11.2025

By | November 22, 2025

IMPORTANT GST  CASE LAWS 20.11.2025 Section Case Law Title Brief Summary Citation Relevant Act Section 9 Oil and Natural Gas Corporation Ltd., In re Minimum Guaranteed Off-take (MGO) charges retained for short-lifting of natural gas constitute compensation for breach of contract, not consideration for tolerating an act. Hence, these MGO charges are not liable to… Read More »

Category: GST

Assessment Quashed for Non-Issuance of DRC-01A (Pre-Oct 2020); Rule 142(1A) Was Mandatory.

By | November 22, 2025

Assessment Quashed for Non-Issuance of DRC-01A (Pre-Oct 2020); Rule 142(1A) Was Mandatory. Issue Whether a GST assessment order is legally valid if the Proper Officer failed to issue the pre-show cause notice intimation in Form GST DRC-01A for a tax period prior to 15.10.2020, and whether the amendment to Rule 142(1A) (making the form directory)… Read More »

Penalty for Expired E-way Bill Quashed: Traffic Restrictions (Kanwar Yatra) Cited as Valid Reason for Delay

By | November 22, 2025

Penalty for Expired E-way Bill Quashed: Traffic Restrictions (Kanwar Yatra) Cited as Valid Reason for Delay Issue Whether a penalty under Section 129(3) of the CGST Act can be imposed for the expiry of an e-way bill during transit when the delay was caused by administrative traffic restrictions (specifically the Shravan Kanwar Yatra) and there… Read More »