Challenge to Show Cause Notice for Registration Cancellation Dismissed if Assessee filed reply. Issue: Whether a writ petition challenging a show cause notice proposing cancellation of GST registration is maintainable when the assessee has already filed a reply to the notice. Facts: The assessee filed a writ petition against a show cause notice proposing to… Read More »
Title 1: Appeal, Not Writ, Proper Remedy for Disputed ITC Demand. Issue 1: Whether a writ petition is maintainable when an alternate statutory remedy of appeal under Section 112 is available, particularly when challenging orders demanding interest, ineligible ITC, and penalty. Facts 1: A show cause notice was issued to the assessee alleging wrong availment… Read More »
Extended Time Limit for GSTR-3B Filing Allows ITC Claim. Issue: Whether an Input Tax Credit (ITC) denial order, based on the assessee’s failure to file Form GSTR-3B within the originally prescribed time limit for the period 2018-19, can be sustained when the time limit has been subsequently extended under Section 16(5) of the GST Act.… Read More »
Income Tax Exemption to Capital Gains on Transfer oacf Agricultural Land Introduction A farmer wants to shift his agricultural land for certain reasons and hence he sold his old agricultural land and from the sale proceeds he purchased another agricultural land. In this case, the objective of the seller was not to earn income by… Read More »
14 IMPORTANT INCOME TAX CASE LAWS 05.03.2025 Section Case Law Title Brief Summary Citation Relevant Act 2(9)(d) (PBPTA) DCIT v. SRS Mining Properties attached were classified as Benami Properties due to corroborative evidence of concealment. Seized Assets Deemed Benami Due to Concealment and Retracted Statements. Click Here Prohibition of Benami Property Transactions Act, 1988 10(23C)(vi)… Read More »
Company Directors Liable for Prosecution for Failure to Remit TDS. Issue: Whether company directors can be prosecuted under Section 276B, read with Section 278B, of the Income-tax Act, 1961, for the company’s failure to deduct and remit Tax Deducted at Source (TDS) to the Central Government. Facts: A company was required to deduct TDS and… Read More »
Penalty under Section 271E Set Aside Due to Lack of Recorded Satisfaction. Issue: Whether a penalty imposed under Section 271E for violating Section 269T is valid when the Assessing Officer fails to record satisfaction in the assessment order that it is a case warranting initiation of penalty proceedings. Facts: The Assessing Officer imposed a penalty… Read More »
Cross-Objections Not Maintainable in Section 260A Appeals. Issue: Whether a cross-objection is maintainable in an appeal filed under Section 260A of the Income-tax Act, 1961. Facts: An appeal was filed under Section 260A of the Income-tax Act, 1961. A cross-objection was filed by the respondent. Decision: The court held that cross-objections are not maintainable in… Read More »
TDS Credit Must Be Allowed if appearing in 26AS; Assessment Order Remanded for Fresh Adjudication. Issue: Whether an Assessing Officer’s assessment order under Section 144 is valid when the officer fails to allow credit for Tax Deducted at Source (TDS) that is reflected in Form 26AS. Facts: The assessee, an employee of Indian Railways, received… Read More »
Section 153C Proceedings Void Ab Initio Due to Lack of Satisfaction Note for a person other than the searched person. Issue: Whether the recording of a separate satisfaction note is mandatory before initiating proceedings under Section 153C of the Income-tax Act, 1961, for a person other than the searched person. Facts: A search was conducted… Read More »