MOVEMENT WITHOUT E-WAY BILL FATAL; TRANSPORTER’S ERROR NO DEFENSE ISSUE Whether the detention and seizure of goods under Section 129 are justified when the goods are intercepted without a valid E-way bill, even if the taxpayer claims the transporter moved the goods contrary to instructions and the E-way bill was generated immediately after interception due… Read More »
RESTORED REGISTRATION VALIDATES ITC: SECTION 74 DEMAND QUASHED ISSUE Whether the Department can sustain a demand for tax and penalty under Section 74 (Fraud/Suppression) on the ground that purchases were made from a “bogus/non-existent” firm, when the cancelled registration of the supplier was subsequently restored by the authorities. FACTS The Transaction: In the normal course… Read More »
BAIL GRANTED IN GST FRAUD CASE: PROLONGED CUSTODY & MAGISTERIAL TRIAL OUTWEIGH SEVERITY OF OFFENSE ISSUE Whether an accused is entitled to bail in a serious GST evasion case involving fake firms and fake supplies, considering that the investigation is complete, the accused has been in custody for a prolonged period, and the offences are… Read More »
WRIT DISMISSED WITH COST: FAKE INPUT TAX CREDIT SCAM EXPOSED DESPITE E-WAY BILL COMPLIANCE ISSUE Whether the seizure of goods and vehicles (under Form MOV-02) is justified when the petitioner possesses valid E-way bills and tax invoices, but investigation reveals that the goods were physically procured from unknown sources to generate “fake Input Tax Credit”… Read More »
NO PENALTY U/S 271(1)(c) FOR DISALLOWANCE OF BONA FIDE CLAIMS UNDER SECTIONS 42 & 80-IB ISSUE Whether the Assessing Officer can validly impose a penalty under Section 271(1)(c) for “furnishing inaccurate particulars of income” solely because the deductions claimed by the assessee under Sections 42 and 80-IB were disallowed during the assessment, despite the assessee… Read More »
NO PENALTY U/S 270A FOR EDUCATION CESS CLAIM IF FORM 69 FILED ISSUE Whether penalty for under-reporting of income under Section 270A can be levied for incorrectly claiming “Health and Education Cess” as a business expenditure, especially when the claim was based on favorable judicial precedents existing at the time and the assessee subsequently opted… Read More »
INTEREST EARNED FROM CO-OPERATIVE BANK ELIGIBLE FOR SECTION 80P(2)(d); REASSESSMENT QUASHED ISSUE Whether a co-operative society (whose banking license was cancelled) is eligible for deduction under Section 80P(2)(d) on interest income earned from investments made with a Co-operative Bank. Whether a reassessment notice under Section 148 issued solely on the ground of denying such deduction… Read More »
JAO & FAO HAVE CONCURRENT JURISDICTION TO ISSUE SECTION 148 NOTICES ISSUE Whether the Jurisdictional Assessing Officer (JAO) retains the power to issue reassessment notices under Section 148 alongside the Faceless Assessing Officer (FAO) after the introduction of the Faceless Assessment Scheme under Section 151A, or if the jurisdiction has completely shifted to the FAO.… Read More »
DELAY IN FILING FORM 10CCB IS PROCEDURAL; DEDUCTION U/S 80-IAC CANNOT BE DENIED IF FILED BEFORE ASSESSMENT ISSUE Whether the claim for deduction under Section 80-IAC (for eligible startups) can be denied solely on the ground that the Audit Report in Form 10CCB was not uploaded within the due date specified under the Act, even… Read More »
INTEREST ON ENHANCED COMPENSATION IS TAXABLE AS “INCOME FROM OTHER SOURCES” IN YEAR OF RECEIPT ISSUE Whether interest received on enhanced compensation for the compulsory acquisition of agricultural land is taxable as “Income from Other Sources” under Section 56(2)(viii) read with Section 145B(1) in the year of receipt, or if it constitutes a capital… Read More »