Bad Debts Deduction Remanded for Verification; Business Loss Disallowed for Late Return Issue Bad Debts (Section 36(1)(vii)): Can bad debts be claimed for export sales made in earlier years if the amounts were offered as income then, even if the write-off happens much later (AY 2015-16)? Business Loss Set-off (Section 71/72): Is a business… Read More »
CA Suspended for 1 Year for “Other Misconduct” in Public Issue Irregularities Issue Whether a Chartered Accountant (CA), serving as the Chairman and Whole-time Director of a company, is guilty of “other misconduct” under the Chartered Accountants Act, 1949, for facilitating irregular share allotments and manipulating public issue subscriptions, and if so, whether the… Read More »
Depreciable Assets (Factory) Denied Indexation Under Section 50; Agricultural Land Status Remanded for Fact-Finding Issue Depreciable Assets (Section 50): Whether the provisions of Section 50 (treating gain on depreciable assets as short-term without indexation) prevail over local municipal classifications or the physical condition of the asset (e.g., a dilapidated factory). Agricultural Land (Section 2(14)):… Read More »
Manual Signature on E-Assessment Order Invalid; Software License Fees Not FTS Under Singapore Treaty Issue Validity of Assessment Order: Is an assessment order passed under the ‘E-Proceedings’ facility valid if it is signed manually by the Assessing Officer (AO) instead of digitally, contrary to CBDT Instruction No. 1/2018? Taxability of Software Income: Whether receipts… Read More »
State Government Subsidy Treated as Income; PF/ESI and Duty Drawback Issues Remanded Issue Taxability of Subsidy: Whether subsidies received under the “Package Scheme of Incentives, 2007” (stamp duty/electricity duty exemption, industrial promotion) are taxable as revenue income under Section 2(24)(xviii) if they are not linked to the acquisition of fixed assets. Employees’ PF/ESI Contribution:… Read More »
IMPORTANT GST CASE LAWS 09.01.2026 Relevant Act Section Case Law Title Brief Summary Citation CGST Act, 2017 Section 9 (Mixed Supply) TCG Urban Infrastructure Holdings (P.) Ltd., In re [AAR Ruling] Hiring out assets (ACs, DG sets, fire systems) attached to a building for tenants constitutes a Mixed Supply. Since these are distinct assets supplied… Read More »
Partner’s Illness Valid Ground for Condoning Delay in GST Appeal Issue Whether the Appellate Authority should condone a marginal delay in filing an appeal under Section 107 of the GST Act when the delay was caused by the genuine illness of a partner in the assessee-firm. Facts The Order: An order was passed against… Read More »
Regular Bail Granted in ₹30 Cr GST Fraud Case Post-Investigation Issue Whether an accused is entitled to regular bail in a GST fraud case involving alleged wrongful Input Tax Credit (ITC) of ₹30.21 crores, particularly when the investigation is complete and the complaint has already been filed. Facts Allegations: The petitioner was accused of… Read More »
Supply to Power Trading Corporation (PTC) for Further Export is Domestic Supply; No Zero-Rating Benefit for Generator Issue Whether the supply of electricity by a generator (Petitioner) to an intermediary (Power Trading Corporation – PTC), who subsequently exports it to Bangladesh, qualifies as a “Zero-Rated Export Supply” for the petitioner to claim a refund of… Read More »
Compensation Cess Refund on Coal Used for Exempt Exports Remanded for Reconsideration Issue Whether an exporter is entitled to a refund of accumulated unutilized Compensation Cess paid on inputs (Coal), when the final manufactured goods exported are exempt from GST/Cess, and the Department denies the claim citing that no Bond/LUT is required for exempt supplies.… Read More »