Demand for Ineligible ITC Quashed: Authorities Failed to Consider Evidence of Physical Movement and Supplier’s Valid Registration.

By | May 27, 2025

Demand for Ineligible ITC Quashed: Authorities Failed to Consider Evidence of Physical Movement and Supplier’s Valid Registration. Issue: Whether a demand order denying Input Tax Credit (ITC) can be sustained solely on the ground that the supplier was found to be non-existent or non-operational subsequently to the supply, when the assessee provides evidence of actual… Read More »

Category: GST

GST Registration Cancellation Quashed for Defective SCN and Violation of Natural Justice; Remanded for Fresh Proceedings.

By | May 27, 2025

GST Registration Cancellation Quashed for Defective SCN and Violation of Natural Justice; Remanded for Fresh Proceedings. Issue: Whether an order cancelling GST registration (and subsequent rejection of its revocation) is valid if the initial show cause notice (SCN) for cancellation lacks particulars, the assessee is denied a proper opportunity to be heard, and relied-upon documents… Read More »

Category: GST

Investment Management Fund Expenses: Factual Determination Needed, Writ Petition Not Maintainable (Appeal Available).

By | May 27, 2025

Investment Management Fund Expenses: Factual Determination Needed, Writ Petition Not Maintainable (Appeal Available). Issue: Whether expenses incurred by an Investment Manager on behalf of a Fund, categorized as operational and establishment expenses, should be considered as part of the “investment management fee” (taxable as consideration for supply of services by the Investment Manager to the… Read More »

Category: GST

IMPORTANT INCOME TAX CASE LAWS 26.05.2025

By | May 27, 2025

IMPORTANT INCOME TAX CASE LAWS 26.05.2025 Section Case Law Title Brief Summary Citation Relevant Act 12A(1)(ac)(i) Human Welfare Foundation v. DCIT (Exemptions) Cancellation of registration unjustified as assessee engaged in charitable activities benefiting all sections of society, not just a particular religious community. Click Here Income-tax Act, 1961 12AB(4) Human Welfare Foundation v. DCIT (Exemptions)… Read More »

Writ Petition Against Assessment Order Dismissed Due to Availability of Statutory Appeal and Lack of Extraordinary Circumstances.

By | May 27, 2025

Writ Petition Against Assessment Order Dismissed Due to Availability of Statutory Appeal and Lack of Extraordinary Circumstances. Issue: Whether a writ petition challenging a notice and an assessment order, where additions were made based on incriminating material, should be entertained by the High Court when a statutory alternate remedy of appeal is available, and there… Read More »

Liabilities owed to banks for unpresented cheques treated as bogus credits Addition Upheld

By | May 27, 2025

Cash Credit: Addition Upheld as Assessee Failed to Prove Bogus Bank Liabilities. Issue: Whether liabilities reflected in an assessee’s books of account, purportedly owed to banks but not supported by bank statements, can be treated as bogus credits and added to the assessee’s income under Section 68 of the Income-tax Act, 1961, when the assessee… Read More »

Cancellation of Trust Registration Under Section 12AB(4) Cannot Be Retrospective.

By | May 27, 2025

I. Cancellation of Trust Registration Under Section 12AB(4) Cannot Be Retrospective. Issue: Whether registration of a charitable society under Section 12A can be cancelled with retrospective effect from Assessment Year 2018-19 by invoking ‘specified violations’ under Section 12AB(4) of the Income-tax Act, 1961, given that Section 12AB(4) was inserted by the Finance Act, 2022, with… Read More »

IMPORTANT GST CASE LAWS 23.05.2025

By | May 26, 2025

IMPORTANT GST CASE LAWS 23.05.2025 Section Case Law Title Brief Summary Citation Relevant Act 7 (CGST Act) Shashi Ranjan Constructions (P.) Ltd. v. Union of India Transfer of development rights amenable to GST as assessee got right on property after completion post-GST regime. Click Here Central Goods and Services Tax Act, 2017 17(5)(d), 16(1) (CGST… Read More »

Category: GST