GSTAT Modifies Revocation Order Mandating Discharge of Interest, Late Fees, and Penalty for GST Restoration GSTAT Modifies Revocation Order Mandating Discharge of Interest, Late Fees, and Penalty for GST Restoration Issue Whether the revocation of a cancelled GST registration under Section 30 read with Rule 23(1) can be granted without ensuring the complete discharge of… Read More »
High Court Sets Aside Limitation Dismissal and Remands Section 17(5)(d) GST Appeal for Decision on Merits High Court Sets Aside Limitation Dismissal and Remands Section 17(5)(d) GST Appeal for Decision on Merits Issue Whether the High Court under Article 226 can set aside a time-barred appellate order under Section 107 of the CGST/HPGST Act and… Read More »
Allocating Adjudication via “Highest Demand” Circular Is Valid and Neither Confers Fresh Jurisdiction nor Sub-Delegates Powers. Issue Whether the selection of a Common Adjudicating Authority under CBIC circulars based on the “highest amount of demand” criterion for multi-jurisdictional composite show-cause notices (SCNs) issued by DGGI is legally valid, and whether the appellate jurisdiction mapped to… Read More »
INCOME TAX CASE LAWS 22.09.20226 Section Case Law Title Brief Summary Citation Relevant Act Section 10(10B) Saguirodin Amid Aga v. Income-tax Officer BSNL VRS 2019 amounts received by employees qualify as retrenchment compensation and are treated as capital receipts exempt under section 10(10B) rather than section 10(10C). Click Here Income-tax Act, 1961 Section 12AB Church… Read More »
Reopening based solely on CBDT directions without independent Assessing Officer satisfaction is void ab initio. Issue Whether a reassessment notice issued under Section 148 is legally valid when it is based solely on a CBDT instruction directing the reopening of cases involving invalid returns, without any independent satisfaction of the Assessing Officer regarding escapement of… Read More »
Section 143(1)(a) adjustments made without prior show-cause notice are invalid and liable to be quashed. Issue Whether an intimation issued under Section 143(1)(a) of the Income-tax Act, 1961 making statutory adjustments to a return of income is legally valid if passed without issuing a prior show-cause notice to the assessee. Facts Return of Income: For… Read More »
Staffing Companies Qualify for Section 80JJAA Deduction, but Transfer Pricing Enhancements Exclude Chapter VI-A Benefits Issue Whether a manpower and staffing agency qualifies for deduction under Section 80JJAA as an employer qua deployed personnel, and whether a one-day delay in filing Form 10DA is fatal to the claim. Whether Section 80JJAA deductions spanning consecutive years… Read More »
Disallowance for Bogus Purchases from Bhanwarlal Jain Group Correctly Restricted to 6 Percent Issue Whether any substantial question of law arises against the Tribunal’s decision restricting the addition for bogus purchases from the Bhanwarlal Jain Group to 6 percent of the total non-genuine purchases. Facts Context & Period: The matter pertains to Assessment Years 2007-08… Read More »
Addition Under Section 56(2)(vii)(b) Sustained as Earlier Agreement Failed Consideration and Advance Payment Conditions Issue Whether a non-resident assessee is entitled to adopt the lower stamp-duty value as on the date of an earlier booking agreement rather than the date of the registered sale deed under the provisos to Section 56(2)(vii)(b), where the final consideration… Read More »
Transfer Pricing Adjustments and Bona Fide Claims Do Not Attract Penalty Under Section 271(1)(c) Issue Whether penalty under Section 271(1)(c) for furnishing inaccurate particulars of income can be levied on transfer pricing adjustments, disallowance of leave encashment provision, and legal expenses on capital asset transfer when all relevant facts were fully disclosed and quantum additions… Read More »