I. Special Audit Order Quashed for Lack of Proper Hearing Issue: Whether an order passed after an audit notice and show cause notice under Section 66 of the CGST/DGST Act is valid if the assessee was not afforded a proper hearing and their communications were not considered. Facts: The assessee received an audit notice, followed… Read More »
Pre-deposit for Appeals: Payment Through Electronic Credit Ledger Valid Issue: Whether pre-deposit for filing an appeal under Section 107 of the Central Goods and Services Tax (CGST) Act can validly be made using the Electronic Credit Ledger (ECL) instead of the Electronic Cash Ledger (ECSL). Facts: For the period February 28, 2018, to January 14,… Read More »
I. Demand of ITC Due to Retrospective Supplier Cancellation: Order Set Aside as Supplier’s Cancellation Quashed Issue: Whether a demand for Input Tax Credit (ITC) from an assessee under Section 73 of the GST Act is sustainable when the demand is based solely on the retrospective cancellation of the GST registration of one of the… Read More »
Arrest for Ineligible ITC: Bail Granted Due to Lack of Notice and “Reason to Believe” Issue: Whether an applicant accused of passing on ineligible Input Tax Credit (ITC) without actual supply of goods can be arrested without issuing a prior notice, fulfilling pre-conditions under Section 69 of the CGST Act, or conducting assessment proceedings to… Read More »
I. Special Audit: Order Set Aside for Lack of Proper Hearing, Matter Remanded Issue: Whether an audit order passed under Section 66 of the CGST/DGST Act is valid if the assessee was not granted a proper opportunity of hearing to present its case on merits, despite repeated attempts to communicate with the department. Facts: The… Read More »
ITC on Mall Construction: Functionality Test for ‘Plant’ Status to Allow Credit for Rental Income Issue: Whether Input Tax Credit (ITC) accumulated on the construction of a shopping mall, intended for letting out on rent (which attracts GST on rental income), can be availed by the assessee, particularly challenging the applicability and constitutional validity of… Read More »
Transfer of Development Rights Amenable to GST on RCM Basis Issue: Whether the transfer of development rights by an owner to a developer in exchange for construction services for a multi-storied building, under a development agreement registered prior to GST laws, and where the project was completed after GST came into force, constitutes a “supply… Read More »
IMPORTANT INCOME TAX CASE LAWS 23.05.2025 Section Case Law Title Brief Summary Citation Relevant Act 2(15) Ramswaroop Das Niranjanlal Charitable Trust v. Deputy Commissioner of Income- tax Exemption under section 11 not denied to trust renting out ‘Dharamshala’ for various functions, as predominant object was charitable. Click Here Income-tax Act, 1961 4 Maheshchandra Natvarlal Parikh… Read More »
Business Expenditure: GST Registration of Payees Not Sole Ground for Disallowance if Genuineness and TDS Verified Issue: Whether business expenses claimed by an assessee-company can be disallowed solely on the ground that the payees were not registered under Goods and Services Tax (GST), when the payments were made through banking channels, Tax Deducted at Source… Read More »
I. Speculative Transactions: Loss on Hedging Transactions in Gold Derivatives Allowed Issue: Whether losses incurred by an assessee, engaged in the business of trading in gold, silver, bullion, and precious metals, from transactions in gold derivatives on a Multi-Commodity Exchange (MCX) to hedge against price fluctuations, should be treated as speculative losses under Section 43(5),… Read More »