Stamp Duty Adjustments to WDV and CSR Deductions u/s 80G (AY 2020-21) I. Section 50C Deeming Fiction vs. Written Down Value (WDV) The assessee sold an office property that was part of a “block of assets” (Buildings). The Assessing Officer (AO) attempted to reduce the WDV of that block by the Stamp Duty Value (SDV)… Read More »
Interest Deductibility Nexus and the “Ceiling” on Section 14A Disallowances (AY 2018-19) I. Interest on Borrowed Capital: The “Nexus” Requirement (Section 36(1)(iii)) The assessee, a wholesale trading company, refinanced its original share investment loans by issuing redeemable non-convertible debentures and taking short-term loans. It claimed the interest paid on these fresh borrowings as a business… Read More »
Source of Consideration vs. Registered Title in Benami Transactions 1. The Core Dispute: Financial Capacity and Source of Funds The Initiating Officer (IO) challenged the lawfulness of a land purchase made by Appellant No. 1 for ₹50 lakhs. While the sale deed was registered in his name, an investigation by the Income Tax Department revealed… Read More »
High Court Quashes Bank Account Attachments for Lack of “Benami” Evidence 1. The Core Dispute: Suspicion vs. Proof The Initiating Officer (IO) sought to invoke the Prohibition of Benami Property Transactions (PBPT) Act by provisionally attaching bank accounts of the respondent. The IO alleged that these accounts were part of a benami transaction under Section… Read More »
IMPORTANT GST CASE LAWS 05.01.2026 Relevant Act Section Case Law Title Brief Summary Citation CGST Act, 2017 Section 16(5) / 16(4) Manoj Kumar Singh v. Principal Commissioner [Amnesty for ITC] Due to the retrospective insertion of Section 16(5) (Finance Act No. 2 of 2024) and Circular No. 237/31/2024-GST, ITC for FY 2017-18 to 2020-21 is… Read More »
Landmark Ruling: Portal-Only Notice is Not “Effective Service” if Taxpayer Doesn’t Respond 1. The Core Dispute: Technical Compliance vs. Substantive Justice The Revenue issued a Show Cause Notice (SCN) by uploading it to the GST portal. When the assessee failed to respond, the officer sent repeated reminders—but only through the same digital mode. Eventually, an… Read More »
Writ Jurisdiction Barred After GSTAT Becomes Functional 1. The Core Dispute: Writ Remedy vs. Statutory Appeal The petitioner challenged a demand order passed under Section 73 (for FY 2019-20) which was subsequently affirmed by the first appellate authority. At the time of filing the writ petition, the Goods and Services Tax Appellate Tribunal (GSTAT) was… Read More »
Case Analysis: SET ASIDE of Adjudication Order due to Procedural Lapses & Lack of Mandatory Personal Hearing 1. The Core Dispute: Mandatory Hearing vs. “Portal-Only” Notice The petitioner-assessee challenged an adverse adjudication order on two primary procedural grounds: The “Hidden” Notice: The Show Cause Notice (SCN) and the final order were uploaded under the ‘Additional… Read More »
Stay on Section 74 SCN: Jurisdictional Challenge Over 1/3rd Land Deduction (2026) 1. The Conflict: Mandatory 1/3rd Abatement for Land The controversy stems from Paragraph 2 of Notification No. 11/2017-Central Tax (Rate), which imposes a mandatory deeming fiction. It requires builders to deduct exactly 1/3rd of the total consideration as the value of land, regardless… Read More »
Assessment Order Deemed Withdrawn: Condonation of Delay in Belated GSTR-3B Returns 1. The Core Dispute: “Best Judgment” vs. Belated Compliance The case involves a registered taxpayer who failed to file GSTR-3B returns for seven months. Following the statutory procedure, the department issued notices under Section 46 and subsequently passed “Best Judgment” assessment orders under Section… Read More »