High Court Sets Aside Order Denying Refund Apportionment in the Absence of Specific Prejudicial Rules Issue Whether the revenue authorities can completely deny the petitioner’s claim for apportionment of tax refunds among distinct commercial units solely based on generic procedural guidelines, in the absence of any specific rule under the GST framework that explicitly prohibits… Read More »
Transit Anticipatory Bail Granted For Ten Days to Seek Regular Relief in GST Evasion Case Issue Whether the petitioners are entitled to limited transit anticipatory bail under Section 438 of the Code of Criminal Procedure (or corresponding statutory provisions) to protect them from arrest while traveling to approach the jurisdictional forum in Chennai, following large-scale… Read More »
Partners Personally Liable Under Section 122 For Fake Billing And Fictitious Input Tax Credit Fraud Issue Whether the revenue authorities are legally justified in invoking Section 122 to impose individual personal penalties on the partners of a firm, in addition to the firm’s liabilities, when search findings, electronic records, and voluntary admissions establish their direct… Read More »
Ex-Parte Assessment Order Involving GSTR Mismatches Set Aside And Remanded Due To Timing Differences In Government TDS Reporting Issue Whether an ex-parte assessment order imposing tax, interest, and Section 74 penalties due to variations between GSTR-1/GSTR-3B and Form GSTR-7 can be sustained when the discrepancy arises because government departments report transactions and deposit TDS only… Read More »
Invocation of Section 74 Is Valid on Prima Facie Material but Material Errors Require Remand Invocation of Section 74 Is Valid on Prima Facie Material but Material Errors Require Remand Issue Whether the revenue authorities are legally entitled to invoke the fraud machinery under Section 74 based on the prima facie standard of “where it… Read More »
Composite Show Cause Notices Covering Multiple Financial Years Are Legally Unsustainable And Must Be Issued Year-Wise Composite Show Cause Notices Covering Multiple Financial Years Are Legally Unsustainable And Must Be Issued Year-Wise Issue Whether the revenue authorities are legally permitted to issue a single, consolidated Show Cause Notice (SCN) and subsequent demand orders under Section… Read More »
Unreasoned Rejection of GST Revocation Application Violates Statutory Rules and Principles of Natural Justice Unreasoned Rejection of GST Revocation Application Violates Statutory Rules and Principles of Natural Justice Issue Whether the Proper Officer was legally justified in rejecting the petitioner’s registration revocation application through an unreasoned order in Form GST REG-05 solely due to the… Read More »
INCOME TAX CASE LAW 10.07.2026 Relevant Act Section Case Law Title Brief Summary Citation Income-tax Act, 1961 Section 2(14) Ketan Pravinchandra Kamdar v. Deputy Commissioner of Income-tax Surrendering an allotment right to a flat constitutes a capital asset; compensation received for its relinquishment is taxable as capital gains, making any resultant long-term capital loss allowable.… Read More »
Rule 257 One-Year Practice Requirement for Income Tax Practitioner Registration is Statutorily Valid and Enforceable Issue Whether Rule 257 of the Income-tax Rules, 2026, which mandates a minimum of one year of prior appearance/practice before Income Tax Authorities to qualify for registration as an Income Tax Practitioner, is ultra vires or inconsistent with Section 515… Read More »
Refund Adjustments Violating Prior Intimation Rules Cannot Exceed Twenty Percent Limit of Disputed Demands Issue Whether the Revenue is legally permitted to adjust subsequent years’ tax refunds against a outstanding disputed demand under Section 245 without issuing prior intimation, and whether an assessee is entitled to a full refund and interest on amounts adjusted in… Read More »