General Penalty for Late Returns Upheld Even Without Section 47 Late Fee Imposition Issue Whether the imposition of a general penalty for late filing of GST returns is valid and sustainable even when the specific late fee prescribed under Section 47 of the GST Act has not been levied. Facts Assessment Period: The dispute… Read More »
Bail Granted in ITC Fraud Case Due to Medical Grounds and Completed Investigation Issue Whether a petitioner accused of Input Tax Credit (ITC) fraud is entitled to regular bail after six months of custody, considering the investigation is complete and the petitioner suffers from serious medical ailments. Facts Nature of Offence: The petitioner was… Read More »
GST Authorities Cannot Seize Cash Without Proving Relevance to Specific Proceedings Issue Whether GST authorities have the power under Section 67 of the CGST Act to seize cash found during a search operation, given that “money” is excluded from the definition of “goods,” and whether such seizure is valid if the cash is not… Read More »
Interest Refund Allowed as Assignment of GIDC Leasehold Rights Is Not Subject to GST Levy Issue Whether the assignment of leasehold rights of a GIDC plot is subject to GST, and consequently, whether the rejection of a refund claim for interest paid under protest regarding such a transaction is valid. Facts Asset Involved: The petitioner,… Read More »
Renting Commercial Building to Company for Student Housing Denied Residential GST Exemption Issue Whether the renting of a property, described as a “commercial building” in the lease, to an unregistered company for the purpose of providing long-term accommodation to students and professionals, qualifies for GST exemption under Entry 12 of Notification 12/2017-CT(R) as “renting… Read More »
IMPORTANT INCOME TAX CASE LAWS 04.01.2026 Relevant Act Section Case Law Title Brief Summary Citation Income-tax Act, 1961 Section 5 Robust Transportation (P.) Ltd. v. ITO No notional interest can be taxed on interest-free loans advanced for proposed acquisitions where the business had not commenced and there was no contractual stipulation to charge interest. Click… Read More »
Freight Forwarder’s Form 26AS Mismatch Addition Deleted as Gross Receipts Not Entirely Income Issue Whether an addition made solely on the basis of a discrepancy between gross receipts in Form 26AS and the income declared in the return is sustainable, particularly when the assessee acts as an agent remitting the bulk of receipts to principals.… Read More »
Final Assessment Order Passed Beyond Section 153 Time Limit in DRP Case Quashed Issue Whether the mandatory time limits prescribed under Section 153 apply to a final assessment order passed pursuant to Dispute Resolution Panel (DRP) directions under Section 144C, and whether an order passed beyond this limit is invalid. Facts Assessment Year: The case… Read More »
Revised Return Does Not Delay Interest on Original Claim; Interest Ends on DD Issue Date Issue Period of Interest (Revised Return): Whether interest under Section 244A is payable from the beginning of the Assessment Year for the refund claimed in the original return, or if filing a revised return shifts the start date for the… Read More »
Compounding Fee For Old Pending Case Computed Under 2008 Guidelines Not New 2024 Guidelines Issue Whether the compounding fee for an offence related to Assessment Year 2002-03 should be calculated based on the revised CBDT Guidelines of 2024 or the earlier Guidelines of 2008, particularly when the matter was remanded by the High Court for… Read More »