Input Tax Credit Under Section 16(6) Is Unavailable If Already Time-Barred Under Section 16(4) on Cancellation Date Issue Whether a taxpayer whose GST registration was cancelled can claim Input Tax Credit (ITC) under Section 16(6) upon revocation of cancellation by filing pending returns within 30 days, when the underlying ITC was already time-barred under Section… Read More »
University Affiliation Fees Are Exempt From GST as Granting Affiliation Is a Non-Taxable Statutory Function Issue Whether affiliation fees collected by a university from an affiliated college are liable to GST, or if granting affiliation constitutes an exempt service/non-taxable statutory function under Entry 66 of Notification No. 12/2017-Central Tax (Rate). Facts Background: The petitioner-college was… Read More »
INCOME TAX CASE LAWS 21.07.2026 Relevant Act Section Case Law Title Citation Brief Summary Black Money Act, 2015 Section 2 Vijendra Kedia v. DDIT (Inv.) & ACIT Click Here Notice/assessment quashed as a Not Ordinarily Resident was not an ‘assessee’ under Section 2(2) at notice issuance. Black Money Act, 2015 Section 10 Vijendra Kedia v.… Read More »
Prosecution Under Section 276CC Quashed as Resigned Director Was Not in Charge When Return Surpassed Due Date Prosecution Under Section 276CC Quashed as Resigned Director Was Not in Charge When Return Surpassed Due Date Issue Whether prosecution under Section 276CC read with Section 278B for failure to file a company’s income tax return can be… Read More »
Penalty Under Section 270A Is Unsustainable as AO Failed to Specify Applicable Limb of Misreporting Issue Whether a penalty levied under Section 270A for under-reporting of income in consequence of misreporting is legally sustainable when the Assessing Officer fails to specify the exact limb under Section 270A(9) in the show-cause notice and fails to establish… Read More »
Reassessment Order for AY 2018-19 Quashed as Sanction for Section 148 Notice Was Granted by Incompetent Authority Issue Whether a reassessment notice issued under Section 148 after the expiry of three years from the end of the relevant assessment year is valid when sanction is granted by a Principal Commissioner of Income Tax under Section… Read More »
Section 148 Reassessment Notice for AY 2015-16 Quashed as Barred by Ten-Year Limitation Period Issue Whether the assessment year relevant to the previous year in which a search is conducted must be included when reckoning the extended ten-year limitation period under Section 149 read with Explanation 1 to Section 153A/153C, rendering a Section 148 notice… Read More »
Assessment Order Passed Within Extended Statutory Limit Is Valid as Draft Order and Hearing Procedures Were Complied With Assessment Order Passed Within Extended Statutory Limit Is Valid as Draft Order and Hearing Procedures Were Complied With Issue Whether the assessment order for AY 2020-21 passed on 28.09.2022 was time-barred, and whether the non-issuance of a… Read More »
Assessee Is Entitled to 6% Interest on Seized Cash Refunded Due to Delayed Assessment Issue Whether the High Court under Article 226 of the Constitution can award compensatory interest at 6% per annum on seized cash refunded to the assessee when the Revenue fails to frame an assessment within the statutorily prescribed time, despite pending… Read More »
Additions for Share Application Money and Unsecured Loans Deleted as Assessee Discharged Primary Onus Issue Whether additions made under Section 68 towards share application money and unsecured loans are sustainable when the assessee produces complete documentary evidence establishing the identity, creditworthiness, and genuineness of the lenders/applicants, and where the “source of source” amendment does not… Read More »