Appellate Appeals Against Refund Rejection Orders Under Section 142(3) Lie Before CESTAT, Not GSTAT Appellate Appeals Against Refund Rejection Orders Under Section 142(3) Lie Before CESTAT, Not GSTAT Issue Whether the Goods and Services Tax Appellate Tribunal (GSTAT) has jurisdiction under Section 112 of the CGST Act, 2017 to entertain an appeal against a refund… Read More »
Government Is Bound to Reimburse Contractors for Differential GST Burden on Pre-GST Works Contracts Issue Whether a government contractor executing a pre-GST works contract is entitled to reimbursement from the State for the additional tax burden arising from the transition from VAT to GST after July 1, 2017. Facts Pre-GST Contract Execution: The petitioner, a… Read More »
GST Cannot Be Imposed on University Affiliation Fee Exempted Under Notification No. 12/2017-CT Issue Whether GST can be levied and collected on the affiliation fee paid by an affiliated college to the university (RUHS) for the assessment periods 2023-2024 to 2027-2028 under Heading No. 9962 / Section 9 of the Central Goods and Services Tax… Read More »
SCN Issuing Authority Holds Precedence in Parallel GST Proceedings on Same Subject Matter Issue Whether multiple GST authorities can simultaneously pursue parallel proceedings on the same subject matter, or whether the authority issuing the Show Cause Notice has exclusive precedence to complete adjudication under Section 6 of the CGST/HGST Act, 2017. Facts DGGI Communication: The… Read More »
Reopening Reassessment Solely to Verify Bank Cash Deposits Without Tangible Material Is Without Jurisdiction Issue Whether the Assessing Officer can validly initiate reassessment proceedings under Section 147/148 solely to verify the source of cash deposits in an assessee’s bank account, without possessing independent tangible material to form a belief that income chargeable to tax has… Read More »
INCOME TAX CASE LAWS 11.08.2026 Section Case Law Title Citation Relevant Act Brief Summary Section 2(47) Smt. Mrunalini Kalagara v. Income-tax officer Click Here Income-tax Act, 1961 Transfer of immovable property via a registered sale deed constitutes a “transfer” attracting capital gains under Section 45, even if coercion or non-receipt of consideration is claimed. Matter… Read More »
Prosecution under Section 276CC Is Impermissible and Liable to Be Quashed When No Tax Is Outstanding Due to Prepaid TDS Prosecution under Section 276CC Is Impermissible and Liable to Be Quashed When No Tax Is Outstanding Due to Prepaid TDS Issue Whether criminal prosecution under Section 276CC for failure to furnish a return of income… Read More »
Penalty Under Section 271B Is Sustainable When Failure to Audit Accounts Is Backed by Reasonable Cause Issue Whether penalty under Section 271B for failure to get accounts audited under Section 44AB can be sustained when the assessee demonstrates reasonable cause under Section 273B and the return of income is accepted without any addition. Facts Business… Read More »
Penalty Under Section 270A Is Unsustainable Once Underlying Assessment Order and FTS Adjustment Are Quashed Penalty Under Section 270A Is Unsustainable Once Underlying Assessment Order and FTS Adjustment Are Quashed Issue Whether a penalty under Section 270A for misreporting of income can be sustained when the underlying assessment order and Fee for Technical Services (FTS)… Read More »
Recharacterization of Capital Gains as Dividend With Reduced Tax Liability Does Not Warrant Penalty Under Section 270A Issue Whether initiation of penalty proceedings under Section 270A for under-reporting or misreporting of income is legally sustainable when the recharacterization of capital gains into dividend income by the Assessing Officer results in no increase in total assessed… Read More »