Proprietor Granted Regular Bail as GST Investigation Concluded and Custody Exceeded One Year Issue Whether the petitioner, a proprietor accused of orchestrating a bogus invoicing and fake Input Tax Credit (ITC) scam amounting to approximately Rs. 66.60 crore, is entitled to regular bail under Section 132 read with Section 69 of the CGST/SGST Act, given… Read More »
Petitioner relegated to statutory appeals despite alleged natural justice violation from non-supply of seized files. Issue Whether a taxpayer can bypass the statutory appellate remedy and file a writ petition against final assessment orders on the grounds of violation of natural justice due to the non-supply of seized files, when the department asserts those files… Read More »
Ex-parte GST assessment set aside and remanded to grant the assessee a final opportunity to file its reply. Issue Whether an ex-parte assessment order passed under section 73 can be set aside and remanded via a writ petition on the grounds of natural justice, despite the assessee failing to submit a reply after multiple opportunities… Read More »
Habeas corpus petition succeeds as arrest without mandatory DIN and specified location is declared illegal. Issue Whether the arrest and subsequent judicial remand of the petitioner by the DGGI can be declared a legal detention if the arrest memo omits the location of the arrest and the formal grounds of arrest fail to bear the… Read More »
Cash ledger deposit is not payment to government; interest applies until account is debited. Issue Whether depositing tax amounts into the electronic cash ledger within the due date constitutes a valid payment of GST to the government, or if interest is leviable under section 50 for the delay until the ledger is explicitly debited and… Read More »
Administrative payments to a sub-contractor for managing government health centers do not qualify for GST exemptions. Issue Whether the operational, managerial, and administrative services supplied by an LLP to a public sector undertaking (PSU) for running government health centers qualify as exempt healthcare services by a clinical establishment under Entry 74. Whether these services qualify… Read More »
Supreme Court upholds retrospective GST levy on full stakes for organized online gaming and gambling. Issue Whether the levy of GST on actionable claims arising from organized online gaming, fantasy sports, and casino transactions is constitutionally valid under Article 246A. Whether the 2023 amendments to the CGST Act and Rules—which value the supply on entire… Read More »
INCOME TAX CASE LAW 01.06.2026 INCOME TAX CASE LAW 01.06.2026 Income Tax Case Law Summary Section Case Law Title Brief Summary Citation Relevant Act Section 10(23C)(iiiab) Hidayatullah National Law University v. ACIT Exemption denied as Government grants received during the year were only 47.85% (less than the 50% threshold mandated under Rule 2BBB), failing the… Read More »
Organised tax evasion cases are exempt from low tax effect thresholds, requiring merits-based Tribunal review. Issue Whether a revenue appeal involving alleged fictitious share transactions and organized tax evasion can be dismissed by the Tribunal solely due to a low tax effect under CBDT Circular No. 5/2024, or if it falls within the “organized tax… Read More »
ITAT rightfully dismisses applications to recall ex parte orders filed after an unexplained fourteen-year delay. Issue Whether the Income Tax Appellate Tribunal (ITAT) can recall and restore an appeal dismissed ex parte under Rule 24 of the ITAT Rules, 1963, when the assessee files miscellaneous applications after a lapse of 14 years without establishing sufficient… Read More »