Statutory Waiver of Penalty Is Inadmissible If Tax and Interest Are Paid Beyond the Thirty-Day SCN Window Issue Whether a 10% penalty levied under Section 73 of the CGST/TNGST Act for delayed remittance of tax can be waived when the payment of tax and interest was delayed beyond thirty days from the issuance of the… Read More »
New Regime can be taken even if Form 10IEA filed to opt Old regime : ITAT The Income Tax Appellate Tribunal (ITAT), Bangalore Bench,in 2026 ruled that the tax regime chosen in the Return of Income (ROI) supersedes an inadvertently filed Form 10-IEA. Case Background Assessee & AY: Adit Nilesh Shah, an individual practicing law;… Read More »
Economic Offence Severity Alone Cannot Justify Denial of Regular Bail Where Custody Is Prolonged Issue Whether an accused in custody for four months for allegedly claiming wrongful Input Tax Credit (ITC) on fake invoices is entitled to regular bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 read with Sections 69 and 132 of… Read More »
Provisional Release of Goods Under Section 67(6) Is Independent of Determination Proceedings Under Section 74A(9) Issue Whether the provisional release of seized goods under Section 67(6) of the CGST/DGST Act is contingent upon or linked to tax determination proceedings initiated under Section 74A(9). Facts The petitioner filed a writ petition challenging the scope and operation… Read More »
GST Registration Without Mandatory Biometric Aadhaar Authentication Is Not Allowed Nationwide To Prevent Fraud Issue Whether GST registrations can be permitted without mandatory biometric-based Aadhaar authentication in light of rampant fraudulent registrations obtained using stolen or frozen PAN/Aadhaar details of innocent individuals. Facts Writ petitions were filed highlighting widespread fraudulent GST registrations created using stolen… Read More »
Input Tax Credit Is Ineligible for Breakwater Construction as It Is an Excluded Civil Structure Input Tax Credit Is Ineligible for Breakwater Construction as It Is an Excluded Civil Structure Issue Whether the applicant is eligible under Sections 16 and 17 of the CGST/MGST Act to avail Input Tax Credit (ITC) on works contract services… Read More »
Processing Fees and Inurance Allowed as deduction from Rental Income ! Every home loan borrower must read it The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) ruled in favor of the assesse holding that loan processing fees, annual maintenance charges, and loan protection insurance qualify as “interest” deductible under Section 24(b). Key Details… Read More »
Input Tax Credit Cannot Be Denied Under Section 16(4) When Returns Are Furnished Before Section 16(5) Cut-Off Date Input Tax Credit Cannot Be Denied Under Section 16(4) When Returns Are Furnished Before Section 16(5) Cut-Off Date Issue Whether denial of Input Tax Credit (ITC) under Section 16(4) for delayed filing of returns for FY 2019-20… Read More »
Wrong ITR Form 4 intstead of ITR 3 Cannot Justify Double Taxation: ITAT This order by the ITAT Chandigarh Bench (‘B’) in ITA No. 707/CHD/2026 (Assessment Year: 2017–18), pronounced on September 2, 2026, rules in favor of the assessee (Shri Balbir Singh vs. ITO, Ward-1, Nahan), deleting an addition made due to a procedural return-filing… Read More »
INCOME TAX CASE LAWS 14.09.2026 . Relevant Act Section Case Law Title Citation Brief Summary Income-tax Act, 1961 Section 2(14) Namdeo Janku Thorat v. Income-tax Officer Click Here Land recorded as industrial in the registered deed and fallow non-agricultural in 7/12 records, sold to a non-agriculturist with no agricultural activity conducted, is a capital asset… Read More »