Supreme Court dismisses SLP, affirming that transferring long-term leasehold land rights does not attract GST. Issue Whether the assignment and transfer of long-term leasehold rights in an industrial plot (allotted by MIDC) to a third party constitutes a taxable “supply of service in the course or furtherance of business” under Section 7 of the Central… Read More »
Highway road construction under a DBFOT agreement is a taxable service with toll rights serving as non-monetary consideration. Issue Whether highway construction services executed under a Design-Build-Finance-Operate-Transfer (DBFOT) model constitute a taxable works contract under GST when the consideration received from NHAI is non-monetary (the exclusive right to collect toll) rather than cash. Whether the… Read More »
State GST authority cannot pass a parallel tax order if Central GST proceedings are already pending. Issue Whether a State GST Authority has the legal jurisdiction under Section 6 of the CGST/DGST Act to issue a Show Cause Notice and pass an adjudication order for a tax period when a Central GST Authority has already… Read More »
Writ petition is dismissed as an alternate efficacious statutory appeal exists for challenging reasoned GST evasion orders. Issue Whether a writ petition under Article 226 of the Constitution of India can be maintained to challenge a reasoned GST adjudication order when an alternate, efficacious statutory appeal is available under Section 107 of the CGST Act.… Read More »
INCOME TAX CASE LAW 27.05.2026 Section Case Law Title Brief Summary Citation Relevant Act Section 10(23C) St. Marks School Society v. Deputy Commissioner of Income-tax (CPC) Following judicial discipline, Revenue cannot restrict exemption benefits to AY 2019-20 when the Tribunal had already directed approval from AY 2018-19 in earlier proceedings. 2026 Click Here Income-tax Act,… Read More »
An inherited farm’s agricultural income covers modest cash deposits, invalidating a factually flawed reassessment notice. Issue Whether a reassessment notice issued under section 148 is legally sustainable when based on incorrect factual figures and a lack of independent application of mind by the Assessing Officer, and whether modest bank cash deposits can be treated as… Read More »
Whether you are an FPI? you should select “NO” unless you are a registered foreign entity investing in Indian financial markets. This question in your Income Tax Return (ITR) is used by the Income Tax Department to identify Foreign Portfolio Investors (FPIs). What is an FPI? An FPI is a foreign entity—such as a foreign… Read More »
Reassessment for AY 2015-16 is quashed due to limitation bars and incorrect investment year. Issue Whether the reassessment proceedings initiated via a section 148 notice dated April 12, 2022, for the assessment year 2015-16 were barred by limitation and lacked proper application of mind by the Assessing Officer. Whether an addition for an unexplained investment… Read More »
Are you governed by Portuguese Civil Code as per section 5A? (If “YES” please fill Schedule 5A) * while filing ITR 2 , following questions has to be answered Are you governed by Portuguese Civil Code as per section 5A? (If “YES” please fill Schedule 5A) * You should select “NO” to this question unless… Read More »
Tax liabilities for period prior to CIRP stand extinguished upon approval of resolution plan. Issue Whether the Assessing Officer has the jurisdiction to pass a reassessment order or issue a demand notice under section 156 for a pre-CIRP period after the NCLT has already approved a corporate resolution plan under Section 31 of the Insolvency… Read More »