Surrendered income from a survey is business income if the source is explained. Issue When a taxpayer, during a survey, surrenders undisclosed assets (like excess stock, cash, and investments) and declares them as their business income, can the Assessing Officer (AO) reject this explanation without contrary evidence and reclassify the amount under the deeming provisions… Read More »
A revised return opting for the 115BAA regime is valid. Issue Can a company switch to the concessional tax regime under Section 115BAA of the Income-tax Act, 1961, by filing a revised return, and can it set off its normal brought-forward business and capital losses against the income computed under this new regime? Facts An… Read More »
ITR REFUND Processing रुकी हुई ITR हुई प्रोसेस ! INCOME TAX LATEST UPDATE
IMPORTANT GST CASE LAWS 13.10.2025 Section/Rule Case Law Title Brief Summary Citation Relevant Act Rule 86A DDS Jewels (P.) Ltd. vs. State of Maharashtra An order blocking the Electronic Credit Ledger was set aside as it was passed before the expiry of the time limit in the Show Cause Notice (SCN) and without considering… Read More »
An order blocking ITC is invalid if passed before the reply deadline expires. Issue Is an order that restricts the use of Input Tax Credit (ITC) from an Electronic Credit Ledger under Rule 86A of the CGST Rules legally valid if it is passed before the expiry of the time limit given to the taxpayer… Read More »
A 10% pre-deposit for a GST appeal stays further recovery action. Issue Once a taxpayer has made the mandatory 10% pre-deposit of a disputed tax demand in order to file a statutory appeal under Section 107 of the CGST Act, can the tax authorities legally continue to attach or freeze the taxpayer’s bank accounts… Read More »
A payment made during an investigation can be treated as a deposit, and further recovery can be stayed by a court pending the final outcome of the case. Issue What is the legal status of a substantial payment made by a taxpayer via Form DRC-03 during an ongoing investigation, when the taxpayer claims the payment… Read More »
An order blocking an ITC ledger is invalid if it does not contain any reasons. Issue Is an order blocking a taxpayer’s Electronic Credit Ledger (ECL) under Rule 86A of the CGST Rules legally valid if the order itself does not record any “reason to believe” or provide any justification for taking such a drastic… Read More »
An appeal cannot be rejected for a minor procedural lapse like not filing a certified copy. Issue Can a GST Appellate Authority reject an appeal that has been filed within the statutory time limit, solely on the hyper-technical ground that a physical certified copy of the order being appealed was not submitted, without giving the… Read More »
Generating documents after a vehicle is intercepted does not cure the violation. Issue Is the detention of goods and the levy of a penalty under Section 129 of the CGST Act, 2017, justified if the mandatory documents for the movement of goods to a job worker were not accompanying the consignment at the time of… Read More »