Madras High Court Remands Matter Due to Computational Errors and Disregard of Proposal to Drop Demand Issue Computational Errors: Whether an adjudication order passed under Section 74 of the GST Act is sustainable when it contains computational errors in the figures adopted for confirming the demand. Contradictory Order: Whether the order is valid if it… Read More »
Regular Bail Granted in GST Fraud Case; Custody Not Justified for Documentary Evidence Issue Whether an accused in a GST fraud case involving fake invoicing and wrongful Input Tax Credit (ITC) is entitled to regular bail after three months of custody, considering that the evidence is primarily documentary/electronic and the tax liability has not yet… Read More »
Enhancing Tax Transparency on Foreign Assets & Income: Understanding CRS & FATCA A. Purpose of CRS and FATCA In this globalized economy, tax transparency and compliance has become paramount to ensure that taxpayers disclose their global income and assets accurately. The Common Reporting Standard (CRS) and the Foreign Account Tax Compliance Act (FATCA) are international… Read More »
Direct Tax Collections Continue Strong Growth Momentum: CBDT Releases Time Series Data (FY 2000–01 to FY 2024–25) Issue: To provide a comprehensive, longitudinal view of India’s direct tax collections, showcasing the sustained growth trajectory, expansion of the taxpayer base, and improvements in compliance and tax administration efficiency. Facts: The Central Board of Direct Taxes (CBDT)… Read More »
CBIC Seeks Comments/Inputs on the Legality of Bunching of Multiple Financial Years into a Single Demand Notice under the GST Act Issue: To address the numerous writ petitions filed across various High Courts challenging the practice of issuing a single, consolidated GST demand notice that covers non-compliance across multiple financial years (bunching), and to… Read More »
Revision Quashed as AO Took Plausible View on Goodwill Depreciation; Re-opening on Mere Disagreement Invalid. Issue Whether the Principal Commissioner (PCIT) can invoke Section 263 to deny depreciation on goodwill (representing excess consideration paid for a business acquisition) on the ground that the Assessing Officer (AO) failed to examine the impact of amended provisions, when… Read More »
Payments to Clear Mortgages and Settle Disputes are Deductible Transfer Expenses Under Section 48 Issue Whether amounts paid by a purchaser directly to banks (to clear mortgages where the assessee was a guarantor) and to a third party (to settle a rival ownership dispute) can be claimed by the seller as a deduction under Section… Read More »
High Court Directs CBDT to Extend ITR Filing Deadline to November 30, 2025, for Audit Cases Issue Whether the Central Board of Direct Taxes (CBDT) is legally obligated to extend the due date for filing Income Tax Returns (ITR) for audit cases to November 30, 2025, given that it had already extended the due date… Read More »
Assessment Quashed for Non-Issuance of DRC-01A (Pre-Oct 2020); Rule 142(1A) Was Mandatory. Issue Whether a GST assessment order is legally valid if the Proper Officer failed to issue the pre-show cause notice intimation in Form GST DRC-01A for a tax period prior to 15.10.2020, and whether the amendment to Rule 142(1A) (making the form directory)… Read More »
Penalty for Expired E-way Bill Quashed: Traffic Restrictions (Kanwar Yatra) Cited as Valid Reason for Delay Issue Whether a penalty under Section 129(3) of the CGST Act can be imposed for the expiry of an e-way bill during transit when the delay was caused by administrative traffic restrictions (specifically the Shravan Kanwar Yatra) and there… Read More »