Majorly in favor of the Assessee across Transfer Pricing (TP) and Corporate Tax grounds. I. TP: Selection of Tested Party and Profit Level Indicator (PLI) Issue: Whether the Associated Enterprises (AEs) can be treated as “tested parties” and if gross profit margin is the appropriate PLI for software consultancy services. Key Takeaways: Tested Party: Following… Read More »
Revenue Classification of Mesne Profits as Taxable Income from Unauthorized Occupation 1. Issue The primary legal question was whether mesne profits—compensation awarded by a court to a property owner for the unauthorized occupation of their premises by a holdover tenant—constitute a capital receipt (non-taxable) or a revenue receipt (taxable). 2. Facts The assessee owned multiple… Read More »
IMPORTANT GST CASE LAWS 09.02.2026 Relevant Act Section Case Law Title Brief Summary Citation CGST Act, 2017 Section 74A R. Chandrasekar v. Asst. Commissioner [The New 74A Bar] Following the 2024 amendment, Section 74 (Fraud) has been largely superseded by Section 74A for newer periods. Orders passed under the omitted/non-applicable section are liable to be… Read More »
High Court Grants Bail to Director in ₹11 Crore GST Evasion Case Title: Release on Bail for Economic Offences Based on Conclusion of Investigation and Documentary Evidence Reference: Sections 132 and 69 of the CGST Act, 2017 / Uttar Pradesh GST Act, 2017 Status: In Favor of Assessee (Bail Granted) 1. The Core Dispute: Bail… Read More »
ITAT & High Court Ruling: Provisional Release of Perishable Arecanuts Pending Confiscation Adjudication Reference: Section 129 and Section 130 of the CGST Act, 2017 / Rajasthan GST Act, 2017 Status: In Favor of Assessee (Provisional Release Ordered) 1. The Core Dispute: Confiscation vs. Rights of Perishable Goods Owners The petitioner, a proprietorship in Karnataka, dispatched… Read More »
Invalidation of Post-Amalgamation Refund Claims for Non-Transferred ITC Case Title: Alstom Transport India Limited vs. Additional Commissioner, CGST and Central Excise (Appeals) | Gujarat High Court (2025/2026) Reference: Section 54, Section 18(3), and Section 87 of the CGST Act, 2017; Rule 41 of the CGST Rules, 2017 Assessment Period: 01.04.2023 to 30.04.2023 Status: In Favor… Read More »
ITAT & High Court Ruling: Retrospective Applicability of Clarificatory Formula in Rule 89(5) for Inverted Duty Refunds Reference: Section 54 of the CGST Act, 2017 | Rule 89(5) of the CGST Rules, 2017 Period: November 2018 to April 2019 Status: In Favor of Assessee (Matter Remanded) 1. The Core Dispute: Denial of Refund under Old… Read More »
Invalidation of GST Orders under Omitted Section 74 (FY 2024-25 Onwards) Case Reference: M Gnanaraj vs. Assistant Commissioner (ST) | Madras High Court (2025/2026) Statutory Reference: Section 74 and Section 74A of the CGST/TNGST Act, 2017 1. The Core Dispute: Jurisdiction under Omitted Provisions In this matter, the Revenue issued an assessment order under Section… Read More »
IMPORTANT INCOME TAX CASE LAWS 09.02.2026 Relevant Section Case Law Title Core Ruling / Summary Citation Section 2(14) CIT Chennai v. GWL Properties Ltd. Sale of land acquired as industrial land and held as a fixed asset without development results in Capital Gains, not business income, even for a company in trading. Click Here Section… Read More »
No TCS Obligation on Compounding Fees and Fines from Illegal Mining Reference: Section 206C(1C) read with Section 2(47) of the IT Act; Section 23A of the MMDR Act, 1957 Assessment Year: 2018-19 Status: In Favor of Assessee (SLP Dismissed) 1. The Core Dispute: Penalties vs. Commercial Rights The assessee, a District Mining Officer (DMO), was… Read More »