Daily Archives: April 23, 2026

Consolidated Show Cause Notices (SCNs) and orders covering multiple financial years are legally impermissible and liable to be quashed.

By | April 23, 2026

Consolidated Show Cause Notices (SCNs) and orders covering multiple financial years are legally impermissible and liable to be quashed. The Dispute: Annual vs. Composite Assessment The Conflict: The Revenue issued a single, consolidated Show Cause Notice (Ext.P1) and a subsequent combined order (Ext.P3) covering five financial years (2018-19 to 2022-23). The Revenue’s Stance: Bundling years… Read More »

Category: GST

Ex-Parte GST Orders Set Aside Upon 10% Deposit to Allow Merit-Based Adjudication.

By | April 23, 2026

Ex-Parte GST Orders Set Aside Upon 10% Deposit to Allow Merit-Based Adjudication. The Dispute: Short Declaration vs. Lack of Representation The Conflict: The Tax Department issued a Show Cause Notice (SCN) alleging that the petitioner had short-declared their tax liability. The Revenue’s Stance: Multiple notices and recovery communications were sent. Since the taxpayer failed to… Read More »

Category: GST

DDP Export Expenses Incurred Before Delivery Must Be Included in IGST Transaction Value.

By | April 23, 2026

DDP Export Expenses Incurred Before Delivery Must Be Included in IGST Transaction Value. The Dispute: Transaction Value vs. Reimbursed Expenses The Conflict: The applicant, an exporter, operated under the DDP (Delivered Duty Paid) model. Under this model, the seller bears all risks and costs, including ocean freight, insurance, and even the import duties in the… Read More »

Category: GST

Statutory GST Hikes Overrule Contracts; Recovery Paused Until Government Reimbursement is Secured.

By | April 23, 2026

Statutory GST Hikes Overrule Contracts; Recovery Paused Until Government Reimbursement is Secured. The Dispute: Statutory Hikes vs. Fixed-Price Contracts The Conflict: The petitioner had ongoing contracts with government entities executed prior to July 2022, when the GST rate was 12%. On July 18, 2022, Notification No. 03/2022-Central Tax (Rate) increased the rate to 18%. The… Read More »

Category: GST

Important Income Tax case Laws 16.04.2026

By | April 23, 2026

Important Income Tax case Laws 16.04.2026 Relevant Act Section / Authority Case Law Title Citation Brief Summary Income-tax Act, 1961 Sec 11 Suga Jeeva Oozhiyangal v. CIT (Exemptions) Click Here Exemption cannot be denied solely due to belated filing of Form 10B if the trust is otherwise entitled to relief under the law. Income-tax Act,… Read More »

Provisional attachment cannot be used as a tool of harassment against regular taxpayers based on “future” hypothetical demands.

By | April 23, 2026

Provisional attachment cannot be used as a tool of harassment against regular taxpayers based on “future” hypothetical demands. The Dispute: Protection of Revenue vs. Taxpayer Rights The Conflict: The assessee, a compliant manufacturing company, had its property provisionally attached by the Revenue. The Revenue’s Stance: They “apprehended” a future demand of approximately ₹1.30 crore for… Read More »

Banks Entitled to De Novo Review to Prove TDS Compliance via E-Filed Form 26Q.

By | April 23, 2026

Banks Entitled to De Novo Review to Prove TDS Compliance via E-Filed Form 26Q. The Dispute: Defective Forms vs. Compliance Reality The Conflict: The assessee (a bank) paid interest to depositors without deducting TDS because the depositors had submitted Form 15G/15H (declarations for nil tax). The Revenue’s Stance: The Assessing Officer (AO) found that some… Read More »

Passing a final assessment order without a draft order is a jurisdictional error; the order is void and cannot be cured by a remand.

By | April 23, 2026

Passing a final assessment order without a draft order is a jurisdictional error; the order is void and cannot be cured by a remand. The Dispute: Procedure vs. Finality The Conflict: The assessee was an “eligible assessee” (likely due to international transactions or non-resident status). Under Section 144C, the Assessing Officer (AO) is required to… Read More »

Sales Denied by Customers or Returned Unserved are Taxable as Bogus Cash Credits.

By | April 23, 2026

Sales Denied by Customers or Returned Unserved are Taxable as Bogus Cash Credits. The Dispute: Genuine Sales vs. Accommodation Entries The Conflict: The assessee reported sales of approximately ₹11.04 lakhs. The Assessing Officer (AO) suspected these were bogus entries intended to inflate turnover or introduce unaccounted cash into the books. The Investigation (AY 2004-05): The… Read More »

If the AO fails to refer a property to the DVO despite the taxpayer’s request, the Section 50C addition is void and cannot be “re-done” after the deadline.

By | April 23, 2026

If the AO fails to refer a property to the DVO despite the taxpayer’s request, the Section 50C addition is void and cannot be “re-done” after the deadline. The Dispute: Circle Rate vs. The “Approaching Deadline” The Conflict: The assessee sold a property below the “Circle Value” (Stamp Duty Value). The AO’s Action: Invoked Section… Read More »