No Anti-Profiteering Holds as Post-GST Input Tax Credit Ratio Declined and No Additional Credit Accrued Issue Whether the real estate developer engaged in anti-profiteering under Section 171 of the CGST/DGST Act, 2017, by failing to pass on benefits of additional Input Tax Credit (ITC) to homebuyers upon the transition to the GST regime. Facts The… Read More »
No Contravention Holds as Developer Passed Recomputed Additional ITC Benefits to Buyers Exceeding Profiteered Amount Issue Whether the developer contravened Section 171 of the CGST/DGST Act, 2017, after DGAP re-computed the additional Input Tax Credit (ITC) benefit following directions from the Appellate Tribunal (GSTAT). Facts A homebuyer of a Tower-1 unit filed a complaint alleging… Read More »
GST Complaint Against Director Without Arraigning Company as Accused Is Not Maintainable and Quashed Issue Whether a criminal prosecution for GST offences can proceed against a Director alone under Section 137 of the CGST/HGST Act without impleading/arraigning the company itself as an accused. Facts The Directorate General of GST Intelligence (DGGI) filed a complaint before… Read More »
High Court Remands Time-Barred GST Appeal as Special Amnesty Scheme Stood Applicable High Court Remands Time-Barred GST Appeal as Special Amnesty Scheme Stood Applicable Issue Whether an appeal filed on 28.12.2023 against an order-in-original passed under Section 74 was entitled to the benefit of the special amnesty procedure under Notification No. 53/2023-Central Tax, despite the… Read More »
Assam GST Demand Order Set Aside as Time-Barred and Issued in Violation of Principles of Natural Justice Issue Whether a demand order passed under Section 73 of the Assam GST Act for FY 2018–19 on 30.04.2024 is time-barred in the absence of a State notification extending the limitation period under Section 168A. Whether a demand… Read More »
Omission of Rule 96(10) Applies to All Pending IGST Export Refund Proceedings Benefit Issue Whether the omission of sub-rule (10) of Rule 96 of the CGST Rules, 2017 via Notification No. 20/2024 with effect from 08.10.2024 applies to pending proceedings, enabling assessees to claim refunds of integrated tax (IGST) paid on exported goods/services without the… Read More »
No Anti-Profiteering Holds as Post-GST Input Tax Credit Ratio Declined and No Additional Credit Accrued No Anti-Profiteering Holds as Post-GST Input Tax Credit Ratio Declined and No Additional Credit Accrued Issue Whether the builder-respondent indulged in profiteering under Section 171 of the CGST/MGST Act, 2017, by failing to pass on benefits of additional Input Tax… Read More »
INCOME TAX CASE LAW 13.08.2026 Relevant Act Section Case Law Title Citation Brief Summary Income-tax Act, 1961 2(14) Akhilesh Bansal v. ITO, Ward 1 (1) Click Here Rural agricultural land located beyond 8 km from municipal limits is not a capital asset under Section 2(14)(iii); hence, enhanced compulsory acquisition compensation is not taxable under Section… Read More »
Supreme Court Dismisses SLP Against Deletion of Penalty Arising From Ambiguous Notice Supreme Court Dismisses SLP Against Deletion of Penalty Arising From Ambiguous Notice Issue Whether a penalty levied under Section 271(1)(c) read with Section 274 is legally sustainable when the statutory show-cause notice fails to specify the specific charge by not striking off the… Read More »
DTVSV Refunds Must Be Issued Within 90 Days and Operational Delays Do Not Justify Inaction DTVSV Refunds Must Be Issued Within 90 Days and Operational Delays Do Not Justify Inaction Issue Whether the Revenue can delay processing and crediting a refund due under Form No. 4 of the Direct Tax Vivad Se Vishwas Scheme, 2024,… Read More »