Supreme Court issues notice on SLP challenging GST levy on road construction HAM annuity payments. Issue Whether deferred annuity payments received by a concessionaire from NHAI for hybrid annuity model (HAM) road construction services under Heading 9954 are exempt from GST under Entry 23A of Notification No. 12/2017–Central Tax (Rate). Whether an advance ruling ruling… Read More »
Hotel facilitator not pure agent; total amount charged from end-customer, including room rent, taxable. Issue Whether a travel and accommodation booking facilitator qualifies as a “pure agent” under Rule 33 of the CGST/WBGST Rules, 2017 to exclude hotel room rent charges from its taxable value. What is the appropriate classification, applicable tax rate, and taxable… Read More »
INCOME TAX CASE LAWS 21.10.2026 Here is the extracted and structured summary of the case laws in tabular format: Relevant Act Section Case Law Title Citation Brief Summary Income-tax Act, 1961 Section 10(10AA) Renu Moongia v. Income-tax Officer Click here Entire leave encashment of ₹9,04,669 received by a retired employee was exempt under Section… Read More »
Appellate authority cannot convert misreporting penalty to under-reporting penalty when misreporting charge fails. Appellate authority cannot convert misreporting penalty to under-reporting penalty when misreporting charge fails. Issue Whether penalty for under-reporting in consequence of misreporting under Section 270A(8)/270A(9) can be sustained when none of the specific limb conditions under sub-section (9) are satisfied. Whether an… Read More »
Sanction granted en masse under section 153D without application of mind renders search assessments void. Issue Whether mechanical prior approval granted under Section 153D en masse within less than 24 hours without application of mind invalidates consequential search assessment orders passed under Section 153A. Facts Search and Seizure Action: Reassessment/assessment proceedings were initiated against the… Read More »
Reassessment notice issued on 31.08.2024 for AY 2016-17 is time-barred and quashed. Issue Whether a reassessment notice issued under Section 148 on 31.08.2024 for Assessment Year 2016-17 is barred by limitation when the six-year statutory period expired on 31.03.2023. Whether the order passed under Section 148A(d) and the consequential notice issued under Section 148 are… Read More »
Reassessment notice issued beyond outer time limit of 31-3-2023 for AY 2016-17 is barred by limitation. Issue Whether the outer limit for issuing a reassessment notice under section 148 for AY 2016-17 was 31-03-2023 as per the first proviso to section 149. Whether the time granted to the assessee to reply under section 148A(b) is… Read More »
SLP disposed of directing Assessing Officer to decide objections following Union of India v. Rajeev Bansal. Issue Whether an SLP filed against a High Court judgment quashing Section 148 notices and Section 148A(d) orders should be disposed of in terms of the Supreme Court judgment in Union of India v. Rajeev Bansal. Whether Assessing Officers… Read More »
Purchasing shares pre-bonus and selling post-bonus generating short-term capital loss is not an impermissible avoidance arrangement under GAAR. Issue Whether purchasing shares of listed companies prior to bonus declaration and selling them post-allotment to generate a short-term capital loss constitutes an “arrangement” under Section 102 or an “impermissible avoidance arrangement” under Section 96(1) attracting General… Read More »
Contraceptives do not fall under Eleventh Schedule; Section 80-IB deduction allowed maintaining historical consistency. Issue Whether contraceptives manufactured by the assessee fall within the list of non-priority articles specified in Serial Nos. 27 and 28 of the Eleventh Schedule, thereby disentitling the assessee from claiming deduction under Section 80-IB. Whether the Assessing Officer was justified… Read More »