Appeal Rejected for Lack of Condonation Application Set Aside; Assessee Allowed to Rectify Technical Defect. Issue: Whether an appeal filed beyond the initial 90-day limitation period but within the further 30-day condonable period under Section 107 of the CGST/Tamil Nadu GST Act, 2017, can be outright rejected by the Appellate Authority merely because the assessee… Read More »
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 »
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 »
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 »
Stamp Duty Refund for Excess Payment: Rejection Order Set Aside for Lack of Reasoning. Issue: Whether an application for refund of excess stamp duty paid on the registration of a plot of land can be rejected by the revenue authorities in a cryptic manner, without assigning any reasons, especially when the payment resulted from a… Read More »
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. 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 »
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 »
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 »
NEW RELIEF IN GST PAYMENT BY SUPREME COURT OF INDIA ! GST LATEST UPDATE PREDEPOSIT APPEAL