Writ Petition Not Maintainable for Factual Disputes in Fraudulent ITC Cases When Appellate Remedy Exists

By | May 24, 2025
0 Comment

Writ Petition Not Maintainable for Factual Disputes in Fraudulent ITC Cases When Appellate Remedy Exists Issue: Whether a writ petition (under Article 226 of the Constitution) is maintainable to challenge a penalty imposed for fraudulent Input Tax Credit (ITC) transactions, when the challenge involves disputed questions of fact regarding the petitioner’s role, the justification of… Read More »

Category: GST

Government Contractors Entitled to GST Reimbursement for Pre-GST Contracts Affected by Regime Change

By | May 24, 2025
0 Comment

Government Contractors Entitled to GST Reimbursement for Pre-GST Contracts Affected by Regime Change Issue: Whether government contractors who were awarded contracts prior to the implementation of the GST regime (July 1, 2017) are entitled to reimbursement of the additional GST impact on those contracts, especially when the execution of the work was ongoing when GST… Read More »

Assessee Providing Support Services to Overseas Parent Not an Intermediary for IGST Refund

By | May 24, 2025
0 Comment

Assessee Providing Support Services to Overseas Parent Not an Intermediary for IGST Refund Issue: Whether an Indian subsidiary, providing support services to its foreign parent company (which deals with foreign universities and students) for facilitating Indian students’ enrollment in foreign courses, qualifies as an “intermediary” under the Integrated Goods and Services Tax Act, 2017, thereby… Read More »

Category: GST

IMPORTANT INCOME TAX CASE LAWS 22.05.2025

By | May 23, 2025
0 Comment

IMPORTANT INCOME TAX CASE LAWS 22.05.2025 Section Case Law Title Brief Summary Citation Relevant Act 5 Deputy Commissioner of Income-tax v. Rare Enterprises Interest income from NPA company not taxable on accrual basis if no chance of recovery.No TDS Credit can be Taken Click Here Income-tax Act, 1961 10(38) Principal Commissioner of Income-tax 9 v.… Read More »

Capitation Fee by Educational Trust: Not a Charitable Object, Exemption Denied

By | May 23, 2025
0 Comment

Capitation Fee by Educational Trust: Not a Charitable Object, Exemption Denied Issue: Whether a charitable trust engaged in education, specifically running a Dental Science College, is entitled to the benefit of exemptions under Sections 11 and 12 of the Income-tax Act, 1961, if it collects unaccounted “capitation fees” from students for management seats. Facts: For… Read More »

Prosecution Sanction for Delayed TDS Deposit: Not Justified if Voluntarily Deposited with Interest Before Show Cause Notice

By | May 23, 2025
0 Comment

Prosecution Sanction for Delayed TDS Deposit: Not Justified if Voluntarily Deposited with Interest Before Show Cause Notice Issue: Whether a delayed deposit of TDS, even with interest, is sufficient grounds for the Commissioner (TDS) to grant sanction for prosecution under Section 276B of the Income-tax Act, 1961, against the assessee and its directors, especially when… Read More »

Consequence of Failure to Deduct or Pay TDS: Notice Under Section 201 Invalid if Lower Deduction Certificate Obtained

By | May 23, 2025
0 Comment

Consequence of Failure to Deduct or Pay TDS: Notice Under Section 201 Invalid if Lower Deduction Certificate Obtained Issue: Whether a notice issued under Section 201 of the Income-tax Act, 1961, for failure to deduct or pay TDS, is valid when the assessee had deducted tax at a lower rate based on a certificate obtained… Read More »

AO directed to process TDS credit based on company’s provided details of cheques and bank deposits, as TRACES data unavailable

By | May 23, 2025
0 Comment

Credit for TDS: AO Directed to Accept Company’s Verification and Grant Credit Despite TRACES Data Unavailability Issue: Whether an assessee-firm can be denied credit for TDS for Assessment Year 2007-08 (Financial Year 2006-07) merely because the TDS data is not available on the TRACES portal (which commenced from FY 2007-08), even if the deducting company… Read More »

Reassessment of Cooperative Bank: Invalid if Based on Change of Opinion and No New Material Facts

By | May 23, 2025
0 Comment

Reassessment of Cooperative Bank: Invalid if Based on Change of Opinion and No New Material Facts Issue: Whether a reopening notice issued after four years (beyond the four-year limit for cases where original assessment was completed under Section 143(3) and no failure to disclose material facts is alleged) to a cooperative bank for issues related… Read More »