Failure by DRP to follow Tribunal remand directions results in automatic exclusion of disputed comparables. The Dispute For AY 2011-12, five comparable companies selected by the Transfer Pricing Officer (TPO) were challenged by the assessee. The Tribunal had previously sent these back to the DRP for a fresh look. However, the DRP failed to pass… Read More »
Delayed Form 10 filing is a procedural lapse that cannot deny substantive tax exemption. The Dispute: Technical Non-Compliance vs. Charitable Intent The Conflict: The assessee-trust followed the 85% application rule but chose to accumulate the remaining income under Section 11(2). The Assessing Officer (AO) disallowed this because: Form 10 (Notice of accumulation) was filed after… Read More »
Reassessment cannot be based on “assumptions” or broad survey findings from other years without specific material for the relevant year. The Context The case involved the GE Group in India. The Revenue attempted to reopen assessments for AY 2013-14 and 2014-15 using two different procedural regimes (the pre-2021 regime and the newer Section 148A regime).… Read More »
Form 54 Income Tax Rules 2026 pdf download and Key points Form 54 Income Tax Rules 2026 pdf download and Key points FORM NO. 54 [See rule 119] Application for Renewal of an Advance Pricing Agreement (APA) Under the Income-tax Rules, 2026, Form No. 54 is a newly introduced form that acts as the Application… Read More »
Form 53 Income Tax Rules 2026 pdf download and Key points Form 53 Income Tax Rules 2026 pdf download and Key points FORM NO. 53 [See rule 118] Form for filing particulars of past years for calculating relief in tax payable under section 206(1). Under the Income-tax Rules, 2026, Form No. 53 replaces the erstwhile… Read More »
How to Download and use IMS Offline Tool on GST portal How to Download and use IMS Offline Tool on GST portal Advisory for IMS Offline Tool on GST Portal The Invoice Management System (IMS) was introduced on the GST portal effective from the October 2024 tax period. The system enables recipient taxpayers to take… Read More »
Important GST Case Laws 21.04.2026 Section Case Law Title / Authority Key Legal Verdict Citation Sec 7 (CGST) Neha Piyush Shah v. UoI Voucher Taxation: Tax is only applicable on the commission or fee earned; the entire face value of the voucher sale-purchase turnover is not taxable. Click Here Sec 11 (CGST) Gorantla Geosynthetics (AAR)… Read More »
AAR Rules: Bio-mining Services to Governmental Authorities are Exempt Under Sl. No. 3, Notification 12/2017. The Dispute: Classification vs. Exemption The applicant was contracted by the Goa Waste Management Corporation (GWMC) to handle the remediation of legacy waste (old, accumulated garbage) at specific sites in Goa. This process, known as Bio-mining, involves excavation, screening using… Read More »
Omission of Rule 96(10) in October 2024 retroactively quashes all pending IGST refund disputes. The Dispute: The “Rule 96(10)” Roadblock The Conflict: Petitioners (exporters) had claimed IGST refunds on goods exported. The Customs Department issued Show-Cause Notices (SCNs) and denied these refunds by invoking Rule 96(10). The Restriction: This rule essentially blocked exporters from claiming… Read More »
Consolidated SCNs for multiple years are illegal; each financial year is a separate assessment unit. The Dispute: Bundling vs. Year-wise Assessment The Conflict: The Respondent issued a single consolidated SCN covering four financial years (2018-19 to 2021-22), alleging tax suppression. This was followed by a composite adjudication order covering the entire period. The Petitioner’s Argument:… Read More »