Denial of Input Tax Credit and Demand Set Aside Due to Violation of Natural Justice (Lack of Fair Hearing) Issue: Whether a demand for wrongful availment of Input Tax Credit (ITC) and non-payment of GST, along with an equivalent penalty, can be sustained when the assessee was not afforded a proper opportunity of being heard,… Read More »
Denial of Input Tax Credit Due to GSTR-3B and GSTR-2A Mismatch Upheld; Writ Remedy Not Suitable When Appellate Remedy Exists Issue: Whether a writ petition is maintainable against an order confirming a demand for differential Input Tax Credit (ITC) due to a mismatch between GSTR-3B and GSTR-2A, when an alternate remedy of appeal under Section… Read More »
GST on Minimum Guarantee/Revenue Share for Duty-Free Shops at Airports: Revenue Neutrality Principle Applied Issue: Whether GST is leviable on minimum guarantee/revenue share paid by a Duty-Free Shop (DFS) operator to the Airport Authority of India (AAI) for the operation of DFS at an international airport, particularly considering that the supplies from DFS are zero-rated,… Read More »
Incorrect Classification of Savoury Snack Foods: Recovery Stayed Issue: Whether extruded or expanded savoury snack food products are correctly classifiable under Tariff Item 2106 90 99 attracting 12% GST, or under Tariff Item 1905 90 30 attracting 18% GST, and whether the demand for differential tax, interest, and penalty under Section 74 of the CGST… Read More »
Transfer of Leasehold Rights in Land Not Subject to GST as per Gujarat High Court Precedent Issue: Whether the assignment of leasehold rights in a property, for which the original lease was granted for 99 years, is subject to Goods and Services Tax (GST) under the Central Goods and Services Tax Act, 2017/Rajasthan Goods and… Read More »
ITR U New Forms updated ITR for last 4 years new MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION New Delhi, the 19th May, 2025 No. 49 /2025 G.S.R. 322(E).—In exercise of the powers conferred by sub-section (8A) of section 139 read with section 295 of the Income-tax Act, 1961 (43… Read More »
Improtant Income Tax Case Law 20.05.2025 Section Case Law Title Brief Summary Citation Relevant Act 2(11) (Black Money Act) Additional Commissioner of Income-tax v. Himanshu Gupta Addition deleted; assessee had already disclosed foreign shareholding in return. Click Here Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 3 (Black Money Act)… Read More »
TDS Credit Dispute Remanded for Factual Verification by Commissioner (Appeals) Issue: Whether the Centralized Processing Centre (CPC) and subsequently the Commissioner (Appeals) can reduce an assessee’s claimed Tax Deducted at Source (TDS) credit solely based on a discrepancy between gross receipts in Form 26AS and income reported in the return, without verifying the assessee’s explanatory… Read More »
Penalty Under Section 271E Not Leviable if Reasonable Cause and Bona Fide Transaction Proven for Cash Loan Repayment Issue: Whether penalty under Section 271E of the Income-tax Act, 1961, for cash repayment of a loan exceeding the prescribed limit (in violation of Section 269T), should be imposed if the assessee demonstrates a “reasonable cause” for… Read More »
Commissioner (Appeals) Must Conduct Inquiry and Formulate Points for Determination Even if Assessee Fails to Appear Issue: Whether the Commissioner (Appeals) can dismiss an appeal and uphold an addition under Section 69A (unexplained money) simply because the assessee failed to respond to notices and appear, without conducting the necessary inquiry and formulating points for determination… Read More »