Monthly Archives: August 2026

Transitional credit under GST cannot be denied by reassessing admissibility under repealed laws.

By | August 3, 2026
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Transitional credit under GST cannot be denied by reassessing admissibility under repealed laws. Issue Jurisdiction over Erstwhile Credits: Whether GST authorities have the jurisdiction to test the admissibility of CENVAT/VAT closing balances shown in pre-GST returns under GST transitional provisions (Section 140) rather than under repealed laws via Section 174 savings provisions. Reassessment via TRAN-1… Read More »

Input tax credit cannot be denied under Section 16(4) when returns fall within extended cut-off.

By | August 3, 2026
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Input tax credit cannot be denied under Section 16(4) when returns fall within extended cut-off. Issue Whether the claim of Input Tax Credit (ITC) for the period April 2018 to March 2019 can be rejected as time-barred under Section 16(4) of the CGST Act when the underlying returns were filed within the extended cut-off period… Read More »

Department cannot arbitrarily deny intermediary export refund for an intervening period when granted previously and subsequently.

By | August 3, 2026
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Department cannot arbitrarily deny intermediary export refund for an intervening period when granted previously and subsequently. Issue Whether the Department can classify an IT/ITeS provider as an “intermediary” and reject an unutilized Input Tax Credit (ITC) refund for a brief intervening period when identical services were accepted as zero-rated exports for preceding and succeeding periods.… Read More »

Departmental appeals against DGGI orders passed by a common adjudicating authority must be filed before the competent Appellate Tribunal.

By | August 3, 2026
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Departmental appeals against DGGI orders passed by a common adjudicating authority must be filed before the competent Appellate Tribunal. Circular No. 256/02/2026-GST F. No. CBIC-20010/12/2026-GST Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes and Customs GST Policy Wing *** Room No. 16039, Kartavya Bhawan-I, New Delhi, Dated: 25th July,… Read More »

INCOME TAX CASE LAWS 28.07.2026

By | August 3, 2026
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INCOME TAX CASE LAWS 28.07.2026 Relevant Act Section Case Law Title / Item Title Brief Summary Citation Income-tax Act, 2025 Section 509, Rules 241-244 CBDT Guidance Note on Crypto-Asset Reporting Explains reporting obligations for Crypto-Asset Service Providers (RCASPs), due diligence, compliance, and includes OECD-aligned CARF FAQs. Click Here Income-tax Act, 2025 Sections 247, 248 CBDT… Read More »

Delay in penalty show-cause notice and non-deduction on Section 69C disallowances invalidates Section 271C penalty.

By | August 3, 2026
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Delay in penalty show-cause notice and non-deduction on Section 69C disallowances invalidates Section 271C penalty. Issue Whether an inordinate, unexplained delay of 18 months by the competent authority in issuing a first show-cause notice after receiving a reference renders the penalty order under Section 271C unsustainable. Whether penalty under Section 271C for non-deduction of TDS… Read More »

Bank cannot be treated as assessee in default for non-deduction of TDS on foreign LTC covered by High Court interim order.

By | August 3, 2026
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Bank cannot be treated as assessee in default for non-deduction of TDS on foreign LTC covered by High Court interim order. Issue Whether an assessee-bank can be treated as an “assessee in default” under Section 201 for not deducting tax at source (TDS) under Section 192 on Leave Travel Concession (LTC) reimbursements involving foreign travel,… Read More »

Reassessment issued beyond three years with Principal Commissioner approval is void ab initio.

By | August 3, 2026
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Reassessment issued beyond three years with Principal Commissioner approval is void ab initio. Issue Whether an order under Section 148A(d) and a notice under Section 148 issued after more than three years from the end of the relevant assessment year are valid when approved by the Principal Commissioner instead of the specified higher authority under… Read More »

Reassessment beyond three years approved by Principal Commissioner instead of Principal Chief Commissioner is invalid.

By | August 3, 2026
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Reassessment beyond three years approved by Principal Commissioner instead of Principal Chief Commissioner is invalid. Issue Whether reassessment proceedings initiated beyond three years from the end of the relevant assessment year are legally sustainable when approval under Section 151 was granted by the Principal Commissioner instead of the specified higher authority (Principal Chief Commissioner/Principal Director… Read More »

Faceless assessment order passed with unnotified income additions violates natural justice and warrants quashing.

By | August 3, 2026
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Faceless assessment order passed with unnotified income additions violates natural justice and warrants quashing. Issue Whether a final faceless assessment order passed under Section 144 read with Section 144B—making an enhanced addition significantly higher than proposed in the initial show-cause notice without offering a further opportunity of hearing—violates principles of natural justice and is liable… Read More »