Government Contractors Entitled to GST Reimbursement for Pre-GST Contracts Affected by Regime Change Issue: Whether government contractors who were awarded contracts prior to the implementation of the GST regime (July 1, 2017) are entitled to reimbursement of the additional GST impact on those contracts, especially when the execution of the work was ongoing when GST… Read More »
I. Black Money Act Penalty for Undisclosed Foreign Asset: Life Insurance Policy Not Owned by Assessee Issue: Whether an assessee is liable to penalty under Section 43 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, for not disclosing a foreign life insurance policy in Schedule FA of the… Read More »
Compensation Cess on Motor Vehicles: Ground Clearance in Laden Condition for Pre-July 2023 Period Issue: Whether the Compensation Cess of 22% under Sr. No. 52B of the Cess Notification is applicable to motor vehicles for the period September 2017 to July 2022 based on ground clearance in an unladen condition, or if the measurement should… Read More »
IMPORTANT INCOME TAX CASE LAWS 21.05.2025 Section/Notification Case Law Title Brief Summary Citation Relevant Act Notification No. 49/2025, dated 19-05-2025 NEW ITR U CBDT updates ITR-U form to allow filing of updated returns up to 48 months from end of relevant assessment year. CLICK HERE Income-tax Act, 1961 10(26) Union of India v. Chyawan Prakash… Read More »
Ad Hoc Disallowance for Bogus Purchases Not Sustainable if Genuineness of Production Not Doubted and Purchase Rates are Fair Issue: Whether an ad hoc disallowance on alleged bogus or doubtful purchases under Section 69C (Unexplained Expenditure) is justified, even when the genuineness of the goods manufactured from these purchases is not doubted by the Assessing… Read More »
Payment of penalty under protest for detained goods mandates issuance of Form GST MOV-09 for appeal purposes. Issue: Whether the tax authorities are obligated to issue an order in Form GST MOV-09, even after the assessee has paid the penalty under protest to secure the release of detained goods and conveyance, to enable the assessee… Read More »
Writ petition dismissed, assessee directed to avail appellate remedy for tax liability dispute due to non-submission of agreements. Issue: Whether a writ petition is maintainable when an assessee challenges a tax imposition order, claiming exemption, but failed to submit relevant agreements during the assessment, and an alternate appellate remedy is available under Section 107 of… Read More »
Writ Petition Challenging Fraudulent ITC Availment Order Dismissed with Costs Due to Lack of Diligence and No Violation of Natural Justice. Issue: Whether a writ petition challenging an order confirming a demand for fraudulent availment of Input Tax Credit (ITC) should be entertained when the assessee claims their reply was not considered and no personal… Read More »
Improtant Income Tax Case Law 20.05.2025 Section Case Law Title Brief Summary Citation Relevant Act 2(11) (Black Money Act) Additional Commissioner of Income-tax v. Himanshu Gupta Addition deleted; assessee had already disclosed foreign shareholding in return. Click Here Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 3 (Black Money Act)… Read More »
Penalty Under Section 271E Not Leviable if Reasonable Cause and Bona Fide Transaction Proven for Cash Loan Repayment Issue: Whether penalty under Section 271E of the Income-tax Act, 1961, for cash repayment of a loan exceeding the prescribed limit (in violation of Section 269T), should be imposed if the assessee demonstrates a “reasonable cause” for… Read More »