Section 53 of the IBC overrides the statutory first charge of the CGST Act during liquidation. Section 53 of the IBC overrides the statutory first charge of the CGST Act during liquidation. Issue Whether the statutory first charge on property created under Section 82 of the CGST Act, 2017 allows the State Tax Department to… Read More »
Input tax credit cannot be denied for GSTR-2A mismatches caused by technical portal glitches. Input tax credit cannot be denied for GSTR-2A mismatches caused by technical portal glitches. Issue Whether an input tax credit (ITC) claim can be denied and subjected to interest and a 100% penalty solely because the underlying supplies are not reflected… Read More »
Dismissal of a writ appeal is warranted when a show cause notice requires factual examination. Dismissal of a writ appeal is warranted when a show cause notice requires factual examination. Issue Whether a writ petition challenging a Show Cause Notice (SCN) that demands GST on an overseas government construction project is maintainable, or if the… Read More »
INCOME TAX CASE LAWS 14.07.2026 Relevant Act Section / Authority Case Law Title / Notification No. Citation Brief Summary Income-tax Act, 2025 Sec. 147 Notification No. 80/2026, Dated 10-07-2026 Click Here CBDT exempts specified payments (interest, dividends, professional fees, commission, etc.) to 14 categories of eligible IFSC units from TDS. Relief applies for 20 consecutive… Read More »
Deletion of penalty by the Tribunal warrants quashing of criminal prosecution for tax evasion. Issue Whether a criminal prosecution for a willful attempt to evade tax under Section 276C(1) can be sustained or must be quashed if the Income Tax Appellate Tribunal has already deleted the penalty levied for concealment of income on the exact… Read More »
Reassessment under Section 150(1) is invalid without specific Tribunal directions and if independently time-barred. Issue Whether the Assessing Officer can validly invoke Section 150(1) to reopen a time-barred assessment for AY 2008-09 based on a Tribunal order from a preceding year that merely quashed a reassessment without giving explicit findings or directions, and whether such… Read More »
A reassessment order passed in the name of a struck-off, non-existent entity is illegal and void. A reassessment order passed in the name of a struck-off, non-existent entity is illegal and void. Issue Whether a reassessment notice issued under section 148 and a subsequent assessment order passed under section 147 read with section 144 are… Read More »
Procedural technicalities cannot override the determination of correct taxable income when a return contains genuine, inadvertent errors. Procedural technicalities cannot override the determination of correct taxable income when a return contains genuine, inadvertent errors. Issue Whether the delay in filing an appeal should be condoned and the matter remanded to the Assessing Officer for a… Read More »
Section 87A rebate is available against tax on short-term capital gains under section 111A. Issue Whether a resident individual governed by the default tax regime under section 115BAC(1A) is entitled to a tax rebate under section 87A against the tax payable on short-term capital gains chargeable under section 111A, provided their total income does not… Read More »
Timely filing crystallizes the right to carry forward losses, which subsequent reporting omissions cannot extinguish. Issue Whether an assessee can be denied the benefit of carrying forward and setting off losses validly determined in a timely filed return under section 139(1) for a particular assessment year, merely due to an inadvertent omission or technical error… Read More »