Penalty Quashed as Non-Generation of E-Way Bill Due to Technical Glitch Does Not Prove Evasion Issue Whether the imposition of penalty under Section 129(3) of the CGST Act is sustainable when goods are intercepted without an e-way bill due to a technical glitch, despite the transaction being covered by a valid tax invoice and the… Read More »
Penalty Quashed as E-Way Bill Generated Before Detention Negates Intent to Evade Tax Issue Whether the imposition of penalty under Section 129(3) of the CGST Act is valid when the e-way bill was not physically produced at the exact moment of interception, but was shown to have been generated prior to the detention of goods,… Read More »
GST Demand for Past Dues Extinguished Upon Sale of Company as Going Concern in Liquidation Issue Whether the GST department can demand tax, interest, and penalty for a period prior to the commencement of liquidation from a corporate debtor that has been sold as a “going concern” under the Insolvency and Bankruptcy Code (IBC), or… Read More »
GST Order Quashed: Notices Landed in “Junk Folder,” HC Remands for Fresh Hearing Issue Whether an ex-parte adjudication order passed under Section 73 of the CGST/KGST Act is sustainable when the assessee failed to file a reply or participate in the proceedings because the statutory notices (ASMT-10, DRC-01A, SCN) were delivered to the “junk/spam folder”… Read More »
Valuation of Supply to Related Parties & GTA Exemption for Unregistered Recipients I. Valuation of Supply to Unrelated Parties (Section 15) Issue: How should the value of supply be determined for the sale of cement and iron to unrelated wholesale and retail customers where the price is the sole consideration? Legal Provision: Section 15(1) of… Read More »
Flow Meter Maintenance Charges Not Composite Supply with Recycled Water; Taxable at 18% Issue Whether the maintenance charges for flow meters installed to measure the supply of recycled water constitute a “Composite Supply” with the principal supply of water (which is exempt/nil-rated), or if they are a distinct, independent supply. If treated as an independent… Read More »
IMPORTANT INCOME TAX CASE LAWS 29.11.2025 Section Case Law Title Brief Summary Citation Relevant Act N/A (Press Release) CBDT launches 2nd NUDGE initiative to strengthen voluntary compliance in respect of Foreign Assets CBDT launched a second campaign to encourage voluntary disclosure and compliance regarding foreign assets using data reported by foreign jurisdictions under AEOI. Income… Read More »
Excess Stock Found During Survey is Business Income if Nexus Proven; Section 115BBE Not Applicable Issue Whether the Principal Commissioner of Income Tax (PCIT) was justified in invoking revisionary jurisdiction under Section 263 on the ground that the Assessing Officer (AO) failed to tax the surrendered income (excess stock and cash found during survey) under… Read More »
Reassessment Proceedings Quashed: Revenue Cannot Revive Extinguished Claims Post-CIRP Case Analysis Based on the facts provided, the case establishes that the Income Tax Department cannot initiate or continue reassessment proceedings (under Section 148A/148 of the Income Tax Act) against a corporate debtor for a period prior to the approval of a Resolution Plan, if… Read More »
Cash Deposits from Prior Withdrawals for Failed Property Deal Not Unexplained Money; Section 263 Revision Invalid if Appeal Pending Issue Whether cash deposits made by an assessee (a Scheduled Tribe member claiming Section 10(26) exemption) can be treated as “unexplained money” under Section 69A when the assessee demonstrates through bank statements that the source was… Read More »