Ex-Parte Order Quashed Due to Accountant’s Negligence; Validity of Limitation Extension Sub-Judice Issue Whether an ex-parte adjudication order is valid when the taxpayer failed to reply to the Show Cause Notice (SCN) because their accountant failed to inform them, and whether the challenge to the extended limitation period (under Notifications 9/2023-CT & 56/2023-CT) can be… Read More »
Writ Petition Not Maintainable in Fraudulent ITC Cases; Statutory Appeal is the Only Remedy Issue Whether a High Court should entertain a writ petition under Article 226 to adjudicate a GST case involving allegations of a massive fraudulent Input Tax Credit (ITC) ring, complex financial transactions, and non-existent suppliers, or if the petitioner must be… Read More »
Remand to Reclassify Section 74 Orders as Section 73 Notices; Fresh Adjudication Ordered Issue Whether adjudication orders passed under Section 74 (fraud/suppression) are sustainable when the assessee contends that the non-payment of tax was not due to fraud or willful misstatement, necessitating proceedings under Section 73 (non-fraud), and whether the matter should be remanded for… Read More »
Section 74 Proceedings Quashed: Specific Allegation of Fraud in SCN is Mandatory Issue Whether the extended period of limitation under Section 74 of the CGST Act can be validly invoked when the Show Cause Notice (SCN) fails to explicitly charge the assessee with fraud, willful misstatement, or suppression of facts with the intent to evade… Read More »
Gujarat HC Quashes Demand; ITC Allowed on Insurance for Stock & Premises Issue Whether Input Tax Credit (ITC) availed on insurance premiums for stock, plant & machinery, and business premises can be denied by the tax authorities by incorrectly classifying it as “motor vehicle insurance” under the blocked credit provisions of Section 17(5) of the… Read More »
Writ Jurisdiction Declined for Fraudulent ITC Demand; Petitioner Relegated to Statutory Appeal Issue Whether a writ petition under Article 226 is maintainable to challenge an Order-in-Original (OIO) confirming a GST demand based on allegations of fraudulent Input Tax Credit (ITC) and fake invoicing, involving complex disputed facts, or if the petitioner must exhaust the alternative… Read More »
No Adverse Action Under Section 74 Against Bona Fide Buyer if Seller’s Registration Cancelled Retrospectively Issue Whether proceedings under Section 74 of the GST Act (alleging fraud/suppression) can be initiated against a purchasing dealer to deny Input Tax Credit (ITC) solely on the ground that the supplier’s GST registration was cancelled suo motu by the… Read More »
Supreme Court to Decide Denial of ITC Due to Seller’s Registration Cancelled Retrospectively (Roshan Sharma v. Deputy Commissioner of Revenue, State Tax & Anr.) Issue: Whether Input Tax Credit (ITC) can be legitimately denied to a purchaser (recipient) solely on the ground that the seller’s GST registration was subsequently cancelled with retrospective effect, even… Read More »
MCA Set to Exempt Firms with Turnover Up to ₹1 Crore from Statutory Audit Issue: To provide substantial compliance relief for India’s smallest companies by exempting those with low annual turnover from the mandatory requirement of a statutory audit under the Companies Act, 2013. Facts: The Ministry of Corporate Affairs (MCA) is weighing a… Read More »
AAR: ITC Admissible on Electricity Transmission Infrastructure Outside Factory Issue: Whether a manufacturer is eligible to claim Input Tax Credit (ITC) on capital goods and related installation services used for laying underground cables and transmission infrastructure (like cables, wires, switchyards, ducts, and manholes) from the DISCOM substation to the factory premises, especially when the… Read More »