Unclaimed TDS credit allowed at effect-giving stage where corresponding income was offered to tax Issue Whether the Assessing Officer was justified in denying TDS credit of Rs. 73.24 lakhs discovered in an updated Form 26AS at the order-giving-effect stage, solely because it was not claimed in the filed returns, despite the corresponding income being… Read More »
Benefit of New Tax Regime for AY 2023-24 allowed despite one-day delay in previous Form 10-IE Issue Whether the assessee can be denied the benefit of the New Tax Regime under Section 115BAC for Assessment Year 2023-24 solely because the Form 10-IE filed for the preceding year (AY 2022-23) was delayed by one day,… Read More »
Reassessment invalid if sanction obtained after initial rejection; uncorroborated loose sheets cannot trigger reopening Issue Whether the reassessment proceedings under Sections 147/148 are valid if the Competent Authority initially rejected the sanction proposal but approved it upon re-presentation, and whether loose sheets found on a third party constitute sufficient material to form a “reason… Read More »
Alleged on-money addition deleted due to lack of evidence; deemed rent on unsold units sustained Issue On-Money (Section 69A): Whether the Assessing Officer (AO) was justified in making additions for alleged “on-money” receipts based solely on loose slips found during a search on a third party and estimated cost differences, without corroborative evidence or… Read More »
Recording Satisfaction u/s 14A Mandatory; Business Expenses for Strategic Investments Allowed Issue Jurisdictional Validity: Whether the Assessing Officer (AO) can invoke Rule 8D to compute disallowance under Section 14A without recording explicit satisfaction regarding the incorrectness of the assessee’s suo motu claim. Duplication of Disallowance: Whether ad hoc allocation of administrative expenses as “direct… Read More »
Assessment quashed as Section 148 notice issued by JAO violates mandatory Faceless Assessment Scheme Issue Whether a notice issued under Section 148 by the Jurisdictional Assessing Officer (JAO) instead of the Faceless Assessing Officer (FAO) is valid after the notification of the ‘e-Assessment of Income Escaping Assessment Scheme, 2022’, and consequently, whether the assessment… Read More »
IMPORTANT GST CASE LAWS 16.01.2026 Relevant Act Section Case Law Title Brief Summary Citation IGST Act, 2017 Section 13 (Place of Supply) Iprocess Clinical Marketing (P.) Ltd. v. ACCT [Retrospective Benefit] Notification No. 4/2019-Integrated Tax (dated 30-09-2019), which designates the Place of Supply for Pharma R&D services as the recipient’s location (Export), was held to… Read More »
Rectification rejection set aside as authority ignored submitted FIRC documents and precedent Issue Whether the Appellate Authority (Second Respondent) was justified in rejecting the assessee’s rectification application under Section 161 by claiming non-submission of documents, despite the assessee having submitted proof of Foreign Inward Remittance (FIRC) and Bank Realization Certificates (BRC), and whether the… Read More »
Mandatory same-month ITC distribution under Rule 39(1)(a) is ultra vires Section 20 of CGST Act Issue Validity of Rule: Whether Rule 39(1)(a) of the CGST Rules, 2017, is ultra vires (beyond the legal power of) Section 20 of the CGST Act to the extent it mandates that an Input Service Distributor (ISD) must distribute… Read More »
Notification clarifying place of supply for clinical trials held retrospective, confirming export status Issue Whether Notification No. 04/2019-Integrated Tax, which excluded clinical R&D services from the “performance-based” place of supply rule, is prospective or retrospective in nature, determining if such services rendered prior to the notification qualify as ‘export of services’. Facts Nature of… Read More »