Revocation of Approved Section 128A Tax Settlement Waiver via Form GST SPL-05 Is Impermissible and Quashed Issue Whether the designated authority can revoke an approved tax settlement waiver granted under Section 128A via Form GST SPL-05 in non-fraud proceedings under Section 73, outside the specific exceptions outlined in Rule 164(16) or (17). Facts Period &… Read More »
Assignment of GIDC Leasehold Rights Non-Taxable Under GST and Suppression Penalties Disallowed Issue Whether (1) the assignment or transfer of leasehold rights in a GIDC industrial plot constitutes a taxable supply of services under GST, and (2) invocation of Section 74 alongside penalties under Section 74 and Section 122 is sustainable when the taxpayer initially… Read More »
Assignment of GIDC Leasehold Rights Is Transfer of Benefits Out of Immovable Property, Not Taxable Under GST Issue Whether the assignment, transfer, or sale of leasehold rights in a GIDC industrial plot constitutes a taxable supply under Section 7 of the CGST/GGST Act, 2017 attracting GST. Facts Original Allotment & E-Auction: GIDC originally allotted an… Read More »
Composite show cause notice and consequential adjudication order covering multiple financial years are legally unsustainable Issue Whether a composite Show Cause Notice (SCN) and the consequential Order-in-Original (OIO) covering multiple financial years (2022-23 to 2024-25) are legally sustainable under the GST law. Facts Assessment Periods: The case pertains to multiple financial years spanning from FY… Read More »
Proviso to Section 107(6) Inapplicable When Assessment Order Confirms Tax, Interest, and Penalty Demands Issue Whether the proviso to Section 107(6), requiring a mandatory 10 percent pre-deposit of penalty, applies to an appeal where the detailed assessment order confirmed tax, interest, and penalty, even if Form DRC-07 was issued solely for the unpaid penalty portion.… Read More »
Taxpayer Allowed Deduction as Expenditure Incurred Wholly for Business Purpose directly Affirmed by Court Taxpayer Allowed Deduction as Expenditure Incurred Wholly for Business Purpose directly Affirmed by Court Issue Whether the expenses claimed by the assessee were incurred wholly and exclusively for the purpose of business, making them eligible for deduction under Section 37(1) of… Read More »
Supreme Court Permits GSTAT Appeal Without Pre-Deposit Pending Special Leave Petition Determination Supreme Court Permits GSTAT Appeal Without Pre-Deposit Pending Special Leave Petition Determination Issue Whether a writ petition under Article 226 is maintainable to bypass the alternative statutory remedy under Section 112 of the CGST Act, and whether an appellate tribunal can be directed… Read More »
Unlawful Arrest and Remand Set Aside Due to Non-Compliance with Mandatory BNSS Safeguards and Authorization Unlawful Arrest and Remand Set Aside Due to Non-Compliance with Mandatory BNSS Safeguards and Authorization Rules Rules Issue Whether an arrest and subsequent remand for alleged cess evasion under the Health Security National Security Cess Act, 2025 are legally sustainable… Read More »
Statutory Waiver of Penalty Is Inadmissible If Tax and Interest Are Paid Beyond the Thirty-Day SCN Window Issue Whether a 10% penalty levied under Section 73 of the CGST/TNGST Act for delayed remittance of tax can be waived when the payment of tax and interest was delayed beyond thirty days from the issuance of the… Read More »
Show Cause Notice Reissuance Continuation of Quashed Notice Set Aside Following Precedent Issue Whether a Show Cause Notice issued under Section 74/104 to continue a previously quashed notice is valid when the underlying legal controversy stands already settled by a coordinate Division Bench decision. Facts The petitioner-assessee sought the quashing of a Show Cause Notice… Read More »