Reassessment Is Invalid If Reasons Are Not Supplied And The Underlying Admission Was Retracted Issue Whether a reassessment under Section 147/148 is legally sustainable when the Revenue fails to supply the complete recorded reasons to the assessee and relies solely on a director’s statement that had been fully retracted prior to the issuance of the… Read More »
High Court Sets Aside Order Denying Refund Apportionment in the Absence of Specific Prejudicial Rules Issue Whether the revenue authorities can completely deny the petitioner’s claim for apportionment of tax refunds among distinct commercial units solely based on generic procedural guidelines, in the absence of any specific rule under the GST framework that explicitly prohibits… Read More »
Tax demands cannot legally subsist or be adjusted without serving a statutory Section 143(1) intimation. Issue Whether the Income Tax Department can legally raise, recover, or adjust an outstanding tax demand against a subsequent year’s refund in the absolute absence of proof that a statutory intimation under Section 143(1) was ever issued and served upon… Read More »
On-money from an incomplete project cannot be taxed under the project completion method via revisionary powers. Issue Whether the Principal Commissioner of Income-tax (PCIT) can validly invoke revisionary powers under section 263 to tax an on-money receipt of Rs. 7.96 crore in the current assessment year, when the assessee follows the undisputed project completion method… Read More »
Petitioner permitted to amend e-filed writ petition challenging Section 147A without producing original papers. Issue Whether a petitioner can be permitted to amend an e-filed writ petition to challenge the constitutional validity (vires) of Section 147A without producing the untraceable original physical petition papers, and whether formal re-verification can be dispensed with. Facts The Background:… Read More »
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 »