ITAT Rules: Revised Audit Report Correcting Professional Error Must Be Considered in Rectification 1. The Core Dispute: A “Copy-Paste” Professional Error The assessee faced a tax demand due to a mechanical addition made during the processing of their return under Section 143(1). The Error: The Chartered Accountant (CA) filed a Tax Audit Report (TAR) in… Read More »
Case Summary: ITAT Rules on Sikkim Resident Exemptions, Genuine Gifts, and Cash Loan Penalties I. Exemption for “Old Settlers” of Sikkim (Section 10(26AAA)) The primary issue involved whether an individual, residing in Sikkim since before its merger with India but not holding a “Sikkim Subject Certificate,” could claim income tax exemption. The Dispute: The Assessing… Read More »
Case Summary: Capital Subsidy for Industrial Growth vs. Reduction of Asset Cost (Section 43(1)) 1. The Core Dispute: “Purpose Test” vs. Cost Meeting The Assessing Officer (AO) argued that the capital subsidy received by the assessee for setting up a 1.40 MW Small Hydro Power (SHP) Project was directly related to the acquisition of plant… Read More »
IMPORTANT GST CASE LAWS 03.01.2026 Relevant Act Section Case Law Title Brief Summary Citation IGST Act, 2017 Section 13(8)(b) Commissioner of Delhi GST v. Global Opportunities (P.) Ltd. [Landmark SC Victory for Consultants] The Supreme Court dismissed the Revenue’s SLP, confirming that education consultants are not intermediaries. Providing counseling to students for foreign universities on… Read More »
Andhra Pradesh High Court: Composite GST Assessment Orders for Multiple Years Held Illegal 1. The Core Dispute: “Bunching” of Financial Years The petitioner challenged a single, composite assessment order that covered a span of nearly five years (July 2017 to January 2022). The Issue: The Revenue issued a single Show Cause Notice (SCN) and followed… Read More »
Supreme Court Conclusively Settles “Intermediary” Dispute for Education Consultants 1. The Core Dispute: Agency vs. Independent Export The Revenue challenged the GST refund claims of Indian educational consultancies (like Global Opportunities and KC Overseas). The Revenue’s Stand: They argued that these consultants were “Intermediaries” under Section 2(13) of the IGST Act because they facilitated the… Read More »
Gross and Net GST revenue collections for the month of Jan, 2026 Feb 1st, 2026 Please click on the link below to view the gross and net GST revenue collections for the month of Jan, 2026. https://tutorial.gst.gov.in/downloads/news/final_approved_monthly_gst_data_for_publishing_jan_2026_01022026.pdf
IMPORTANT GST CASE LAWS 31.01.2026 Relevant Act Section Case Law Title Brief Summary Citation CGST Act, 2017 Section 47 Ms. Kandan Hardware Mart v. Asst. Comm. (ST) [Late Fee is Penal] The Court clarified that “Late Fee” u/s 47(2) is essentially a penal levy. Since it lacks quid pro quo and aims to deter breaches… Read More »
Madras High Court Ruling: Late Fees under Section 47 vs. General Penalty under Section 125 1. The Nature of “Late Fee” under Section 47 The Court provided a profound legal interpretation of what constitutes a “fee” in the context of late filings. Penal in Nature: The Court held that “Late Fee” collected under Section 47(2)… Read More »
Calcutta High Court Restores Appeal: Appellate Authority Cannot Ignore Special Amnesty Notifications 1. The Core Dispute: Amnesty vs. Statutory Limitation The petitioner was caught in a cycle of litigation regarding a partially rejected refund claim from 2020. Initial Rejection: The refund was rejected in 2020. The first appeal (filed in Sept 2020) was dismissed in… Read More »