Demand of Rs. 9.42 Cr Quashed as SCN Proposed Only Rs. 1.71 Cr; Order Exceeding SCN Scope Violates Natural Justice ISSUE Whether an Adjudication Order can confirm a tax demand significantly higher (Rs. 9.42 Crores) than the amount proposed in the Show Cause Notice (Rs. 1.71 Crores). Whether a Writ Petition under Article 226 is… Read More »
Double Jeopardy Avoided: Impugned Order Set Aside Where Demand for Excess ITC Overlapped with a Prior Order Dropping the Same Liability ISSUE Whether an assessing authority can confirm a demand for excess Input Tax Credit (ITC) for a specific tax period (2019-20) when the State Tax Officer has already passed an assessment order for the… Read More »
Demand of Rs. 9.42 Cr Quashed as SCN Proposed Only Rs. 1.71 Cr; Order Exceeding SCN Scope Violates Natural Justice ISSUE Whether an Adjudication Order can confirm a tax demand significantly higher (Rs. 9.42 Crores) than the amount proposed in the Show Cause Notice (Rs. 1.71 Crores). Whether a Writ Petition under Article 226 is… Read More »
Double Jeopardy Avoided: Impugned Order Set Aside Where Demand for Excess ITC Overlapped with a Prior Order Dropping the Same Liability ISSUE Whether an assessing authority can confirm a demand for excess Input Tax Credit (ITC) for a specific tax period (2019-20) when the State Tax Officer has already passed an assessment order for… Read More »
Uncorroborated Third-Party Statement and “Dumb” Excel Sheet Cannot Override Assessee’s Denial and Purchase Bills ISSUE Whether an addition under Section 69A (Unexplained Money) for alleged cash paid over and above the invoice value of jewellery can be sustained solely on the basis of a statement and an Excel sheet recovered from a third-party seller (Jeweller),… Read More »
No GST Exemption for Supply of Machinery to Municipality; Exemptions Restricted to ‘Pure Services’ or ‘Low-Goods’ Composite Supplies ISSUE Whether the supply of fresh waste processing machinery to a Local Authority (Anand Nagarpalika Corporation) is exempt from GST under Notification No. 12/2017-Central Tax (Rate), or if it constitutes a taxable supply. FACTS The Transaction:… Read More »
DELHI HC DIRECTS URGENT GST COUNCIL MEETING TO CONSIDER REDUCING TAX ON AIR PURIFIERS TO 5% ISSUE Whether the GST Council is obligated to urgently consider reducing the GST rate on Air Purifiers and HEPA Filters from 18% to 5% (treating them as ‘Medical Devices’), considering the “health emergency” caused by severe pollution in Delhi… Read More »
IMPORTANT INCOME TAX CASE LAWS 29.12.2025 Relevant Act Section Case Law Title Brief Summary Citation Income-tax Act, 1961 Section 2 ACIT v. KCT Papers Ltd. In a tax-neutral amalgamation/demerger, the assessee is entitled to adopt the cost of acquisition of the previous owner (including FMV as on 1-4-1981 and indexation) for computing LTCG on share… Read More »
TDS Prosecution Summons Upheld: Delayed Payment is No Immunity; Director Must Rebut Presumption of Guilt (Section 278E) at Trial ISSUE Whether a Managing Director can seek quashing of a summoning order for an offence under Section 276B (failure to pay TDS) solely on the ground that the TDS was subsequently deposited (albeit belatedly), or… Read More »
COST OF ACQUISITION FOR SHARES ACQUIRED VIA AMALGAMATION/DEMERGER INCLUDES INDEXATION FROM PREVIOUS OWNER’S HOLDING PERIOD ISSUE Whether an assessee-company, having acquired shares pursuant to a court-approved scheme of amalgamation and demerger (under Sections 391 & 394 of the Companies Act), is entitled to compute Capital Gains on a subsequent buy-back by adopting the Cost of… Read More »