Parallel Books from Seized Pen Drive Valid for Taxing “On-Money”; No Sec 65B Certificate needed if Data Admitted Issue Estimation vs. Actuals (Section 145): Whether income from “on-money” (cash) receipts found in seized digital records should be taxed based on the actual cash receipts/payments reflected in the data (receipt basis) or by estimating a… Read More »
TDS Not Applicable on Trade Discounts, ESOP Grants, and Delayed Payment Interest to Suppliers Issue The central theme across these three rulings involves the applicability of Tax Deducted at Source (TDS) on specific business transactions: Trade Discounts vs. Commission (Sec 194H): Whether margins/discounts given to pharmaceutical stockists attract TDS as “commission” or are exempt… Read More »
Second Reassessment on Same Transaction Quashed; Change of Opinion Permissible? Issue Whether the Revenue can initiate a second reassessment proceeding against an assessee for the same transaction (receipt of loan) under a different legal provision (Section 2(24)(iv)), when the specific issue was already examined and accepted in a previous reassessment proceeding (under Section 2(22)(e)).… Read More »
PCIT cannot invoke Section 263 to question Ind-AS Transition Amount in subsequent years if accepted in the first year Issue Whether the Principal Commissioner of Income Tax (PCIT) can invoke revisionary jurisdiction under Section 263 to question the correctness of the Ind-AS “Transition Amount” claimed under Section 115JB(2C) in a subsequent year (Year 3),… Read More »
IMPORTANT GST CASE LAWS 21.01.2026 Relevant Act Section Case Law Title Brief Summary Citation CGST Act, 2017 Section 7 / Sch III Aerocom Cushions (P.) Ltd. v. Asst. Comm. (Anti-Evasion) [Landmark Ruling] Assignment/transfer of leasehold rights of a plot (MIDC) to a third party is treated as the transfer of benefits arising out of ‘immovable… Read More »
Bank Attachment Lifted on Payment of Pre-deposit for Tribunal Appeal Issue Whether the Department can continue to attach an assessee’s bank account for recovery of dues after the first appeal is dismissed, if the assessee is willing to file a second appeal before the Appellate Tribunal and pay the requisite pre-deposit. Facts Background: The… Read More »
Extended Limitation (Section 74) applies only to Fraud Claims; Cannot extend to other regular demands Issue Whether the “extended period of limitation” (5 years) invoked under Section 74 for a specific allegation (fraudulent ITC from non-existent entities) can be automatically applied to other unrelated demands in the same Show Cause Notice (SCN), or if… Read More »
Adjudication Order Quashed due to Non-Service of SCN; GST Portal “Glitches” Acknowledged Issue Whether an adjudication order passed under Section 73 creates a valid demand when the assessee was never served the Show Cause Notice (SCN), received no alerts, and was denied an opportunity for a personal hearing due to the notice not being readily… Read More »
Section 16(4) Demand Quashed; Retrospective Benefit of Section 16(5) Applied Issue Time-Barred ITC (Section 16(4)): Whether the demand raised for Input Tax Credit (ITC) availed after the statutory deadline (under Section 16(4)) for the financial year 2019-20 is sustainable. Mismatch (3B vs 2A): Whether the demand based on the difference between GSTR-3B and GSTR-2A… Read More »
Public Road Construction for IALA Taxable at 12%, not 18%; Assessee’s Classification Upheld Issue Whether the construction of internal roads within an Industrial Area, executed for a Local Authority (IALA), falls under the category of “Non-commercial civil structure for use by general public” taxable at 12%, or constitutes a general infrastructure work taxable at… Read More »