GST on Ocean Freight in CIF Contracts: The Final Word on Double Taxation The Legal Issue The primary legal dispute for the 2018-19 period was whether an Indian importer, having already paid Integrated GST (IGST) on the total CIF (Cost, Insurance, and Freight) value of imported goods, can be asked to pay IGST again on… Read More »
Corporate Officers Shielded from ITC Penalties: Landmark Ruling on Section 122(1A) This ruling by the Bombay High Court (or jurisdictional High Court for Maharashtra) sets a critical precedent regarding the personal liability of directors and key managerial personnel (KMP) in cases of alleged GST fraud. I. Jurisdiction Over Employees and Directors (Section 122) The Legal… Read More »
Orders Against a Dead Person: Validity and Liability of Legal Heirs The Legal Issue The core legal question for the Period 2021-22 was whether a Show Cause Notice (SCN) or a final Assessment Order issued in the name of a deceased person is legally valid, and how the liability shifts to the legal heirs under… Read More »
IMPORTANT GST CASE LAWS 11.03.2026 Relevant Act Section Case Law Title / Authority Brief Summary Citation IGST Act, 2017 Section 5 Arinsun Clean Energy (P.) Ltd. v. State of Madhya Pradesh IGST on ocean freight (CIF imports) is not separately leviable as per the Mohit Minerals precedent. Taxes and interest paid for 2018-19 are refundable… Read More »
IMPORTANT INCOME TAX CASE LAWS 09.03.2026 Section Case Law Core Ruling & Strategic Summary Citation S. 10B Hindustan Unilever [Succession] Acquisition of an EOU from another entity does not bar the new owner from claiming the S. 10B deduction for the remaining unexpired period. Click Here S. 35D Eureka Forbes [Preliminary Exp.] Advisory fees for… Read More »
Registration of Charitable Trusts: Genuineness of Activities and Opportunity of Being Heard The Legal Issue The central dispute for the Assessment Year 2024-25 (and onwards) was whether the Commissioner (Exemption) [CIT(E)] can summarily reject an application for registration under Section 12AB and approval under Section 80G without providing a meaningful opportunity to the assessee to… Read More »
Disputed Stamp Duty Value: The Mandatory Role of the District Valuation Officer (DVO) The Legal Issue The primary legal dispute for AY 2018-19 was whether the Assessing Officer (AO) is obligated to refer a property valuation to the District Valuation Officer (DVO) under Section 56(2)(x)(b) read with Section 50C(2), when the assessee formally challenges the… Read More »
Duty Drawback and Section 80-IC Deductions: Eligibility and Computation The Legal Issue The dispute centers on two critical questions regarding Section 80-IC (Special Category State deductions): Whether Duty Drawback receipts qualify as “profits derived from an industrial undertaking” for the purpose of claiming tax deductions. Whether the total amount of Duty Drawback must be excluded… Read More »
Corporate Tax and Transfer Pricing Ruling: Summary for AY 2012-13 to 2015-16 I. Preliminary Expenses: Section 35D vs. Section 37(1) The Legal Issue: Whether legal and professional fees for setting up or expanding a new unit are fully deductible under the residuary Section 37(1) or must be amortized under Section 35D. Facts of the Case:… Read More »
Hindustan Unilever Ltd vs. ACIT: Key Rulings on Trademark Compensation, DDT, and Transfer Pricing I. Compensation for Trademark Termination: Capital vs. Revenue Receipt The Legal Issue Whether a lumpsum payment received for the premature termination of a trademark user agreement (‘Savlon’) is a tax-free capital receipt or a taxable revenue receipt. Facts of the Case… Read More »