Daily Archives: November 24, 2025

Benefit of Vacancy Allowance Allowed for Flats Remaining Vacant During COVID-19; Documentary Evidence of “Efforts to Let Out” Relaxed.

By | November 24, 2025

Benefit of Vacancy Allowance Allowed for Flats Remaining Vacant During COVID-19; Documentary Evidence of “Efforts to Let Out” Relaxed. Issue Whether the Annual Letting Value (ALV) of properties intended to be let out but remaining vacant can be taken as ‘Nil’ under Section 23(1)(c), even if the assessee cannot produce concrete documentary evidence of efforts… Read More »

ALV Restricted to Let-Out Portion Only; Security Deposit Not Deemed Dividend

By | November 24, 2025

ALV Restricted to Let-Out Portion Only; Security Deposit Not Deemed Dividend Issue Whether the Assessing Officer (AO) can treat a multi-storey property as “fully let out” and tax the Annual Letting Value (ALV) of the entire building (estimated at ₹1.79 crores) merely because there is a single electricity meter and a substantial security deposit (₹10… Read More »

Give Foundation’s Activities as a Donor-Recipient Bridge Held Charitable; Section 11 Exemption Allowed

By | November 24, 2025

Give Foundation’s Activities as a Donor-Recipient Bridge Held Charitable; Section 11 Exemption Allowed Issue Whether the assessee, a charitable trust acting as a “bridge” or platform between donors and recipient charitable organizations (General Public Utility – GPU), is entitled to exemption under Section 11, or if its activity of retaining a portion of donations as… Read More »

IMPORTANT GST CASE LAWS 24.11.2025

By | November 24, 2025

IMPORTANT GST CASE LAWS 24.11.2025 Section Case Law Title Brief Summary Citation Relevant Act 16 R Gupta Metal Store v. Central Goods and Services Tax Delhi North Writ jurisdiction would ordinarily not be exercised in cases involving fraudulent availment of Input Tax Credit (ITC) due to the need for factual analysis and consideration of voluminous… Read More »

Category: GST

Ex-Parte Order Due to Accountant’s Failure to Intimate SCN Quashed; Matter Remanded.

By | November 24, 2025

Ex-Parte Order Due to Accountant’s Failure to Intimate SCN Quashed; Matter Remanded. Issue Whether an ex-parte adjudication order should be set aside and remanded for a fresh hearing when the taxpayer failed to reply to the Show Cause Notice (SCN) because their accountant failed to bring the notice to their attention. Facts Period: 2019-20. The… Read More »

Category: GST

GST Demand Quashed for Exceeding SCN Amount; Section 75(7) Violation

By | November 24, 2025

GST Demand Quashed for Exceeding SCN Amount; Section 75(7) Violation Issue Whether an adjudication order is legally valid if it confirms a demand (tax, interest, penalty) that is significantly higher than the amount specified in the Show Cause Notice (SCN), thereby violating the statutory mandate of Section 75(7) of the CGST Act. Facts Period: 2020-21.… Read More »

Category: GST

Adjudication Order Quashed as SCN Failed to Specify Date, Time, and Venue for Personal Hearing

By | November 24, 2025

Adjudication Order Quashed as SCN Failed to Specify Date, Time, and Venue for Personal Hearing Issue Whether an adjudication order passed under Section 73 of the GST Act is legally sustainable if the underlying Show Cause Notice (SCN) merely stated that the assessee “may appear” for a personal hearing but failed to specify the actual… Read More »

Category: GST

Madras High Court Remands Matter Due to Computational Errors and Disregard of Proposal to Drop Demand

By | November 24, 2025

Madras High Court Remands Matter Due to Computational Errors and Disregard of Proposal to Drop Demand Issue Computational Errors: Whether an adjudication order passed under Section 74 of the GST Act is sustainable when it contains computational errors in the figures adopted for confirming the demand. Contradictory Order: Whether the order is valid if it… Read More »

Adjudication Order Quashed for Travelling Beyond SCN and Belated Passing (2-Year Delay)

By | November 24, 2025

Adjudication Order Quashed for Travelling Beyond SCN and Belated Passing (2-Year Delay) Issue Scope of Adjudication: Can an adjudicating authority pass an order confirming a demand under Section 74 (fraud/suppression) when the underlying Show Cause Notice (SCN) only initiated proceedings under Section 130 (Confiscation) and Section 122 (Penalty)? Natural Justice: Is an order legally sustainable… Read More »

Category: GST

Ex-Parte Order Quashed: Business Shutdown Treated as Bona Fide Reason for Non-Reply to Notices

By | November 24, 2025

Ex-Parte Order Quashed: Business Shutdown Treated as Bona Fide Reason for Non-Reply to Notices Issue Whether an ex-parte adjudication order passed under Section 73(9) of the CGST/KGST Act is legally sustainable when the assessee failed to file a reply to the Show Cause Notice (SCN) because the emails went unnoticed due to the shutdown of… Read More »

Category: GST