Concealment penalty under Section 271(1)(c) is unsustainable when quantum addition is based on estimation. Issue Whether the Tribunal was correct in law by setting aside a concealment penalty levied under Section 271(1)(c) on the ground that the underlying quantum addition for bogus purchases had been restricted and sustained purely on an estimated percentage (12.5%). Facts… Read More »
Assessment is time-barred and invalid if the Assessing Officer fails to pass an order within the prescribed statutory period after a Tribunal remand. Assessment is time-barred and invalid if the Assessing Officer fails to pass an order within the prescribed statutory period after a Tribunal remand. Issue Whether the failure of the Assessing Officer to… Read More »
GST Registration Cancelled For Non-Filing Must Be Restored Upon Payment Of All Outstanding Tax Dues Issue Whether the cancellation of a taxpayer’s GST registration for failing to file returns for more than six months can be set aside and restored if the default arose from financial constraints without any intent to defraud, and the taxpayer… Read More »
Depreciation under block of assets is allowable even if manufacturing operations are discontinued during the year. Issue Whether an assessee is entitled to claim depreciation on a block of assets (plant, machinery, and buildings) for an assessment year when its manufacturing operations have been discontinued, particularly when identical claims were allowed in preceding years under… Read More »
A Single Consolidated Show Cause Notice or Composite Order Covering Multiple Financial Years is Void Ab Initio for Lack of Jurisdiction Issue Whether the tax authorities have the legal jurisdiction under Section 74 of the GST Act to issue a single, consolidated Show Cause Notice (SCN) and pass a composite assessment order covering multiple financial… Read More »
A Writ Petition Cannot Bypass The Statutory Appellate Route Over Complex Mixed Fact-Law Tax Classification Disputes As Board Circulars Do Not Bind The Appellate Authority Issue Whether an assessee can bypass the statutory appellate remedy under Section 107 of the CGST Act and invoke the writ jurisdiction of the High Court under Article 226 of… Read More »
TCS Paid Under Protest Before Assessment Counts Toward Mandatory Pre-Deposit for Filing Appeal Issue Whether Tax Collected at Source (TCS) self-assessed, collected, and deposited under protest during the disputed period can be adjusted and reckoned toward the mandatory 10% pre-deposit required for filing a statutory appeal under Section 107. Facts The Demand: For the tax… Read More »
Delay in E-Verification of Form 10B During COVID-19 to Be Condoned as Reason Was Bona Fide Issue Whether the delay of 113 days in the e-verification of Form No. 10B during the COVID-19 pandemic period was bona fide and deserved to be condoned under Section 119(2)(b), despite CBDT Circular No. 16/2024 restricting applications beyond three… Read More »
Input Tax Credit Blocked Beyond One Year Under Rule 86A Automatically Unblocks and Cannot Be Sustained Issue Automatic Unblocking of ITC: Whether the restriction/blocking of an Input Tax Credit (ITC) in the Electronic Credit Ledger (ECL) under Rule 86A can legally continue beyond the statutory period of one year from the date of imposition. Validity… Read More »
Writ Petition Against Jurisdictional Assessing Officer’s Reassessment Disallowed but Remanded to Pending CIT(A) Appeal Issue Validity of Notice: Whether the Jurisdictional Assessing Officer (JAO) has the legal authority to initiate reassessment proceedings by issuing a notice under Section 148, and whether subsequent orders can be passed outside the mandatory faceless assessment regime. Maintainability of Writ:… Read More »