Relevant Date for Unutilized ITC Refund Is Return Due Date, Not the Export Date Issue Whether the “relevant date” for computing the two-year limitation period for a refund of unutilized Input Tax Credit (ITC) on zero-rated exports is governed by the export date under Explanation 2(a) or the return filing due date under Explanation 2(e)… Read More »
Reassessment is validly initiated under Section 143(1), but interest on earmarked funds reduces pre-operative expenses. Issue Whether the Assessing Officer can validly reopen an assessment under Section 147 when the original return was only processed under Section 143(1) and no formal scrutiny assessment order was passed. Whether the Income Tax Appellate Tribunal has the jurisdiction… Read More »
Adjudicating Officer Determining Tax Under Section 74 Is Fully Competent to Impose Consequential Penalties Issue Whether the proper officer adjudicating a tax liability under Section 74 of the CGST Act has the legal competence and jurisdiction to simultaneously impose consequential penalties under Section 122 within the same adjudication order, or if a separate penalty proceeding… Read More »
Unrecorded warranty receivables from an AE constitute an asset, validating extended reassessment and special audit. Issue Whether unrecorded contractual receivables from an Associated Enterprise (AE) for warranty reimbursements constitute an “asset” under Section 153A, allowing the extended 10-year reassessment notice window under Section 149(1)(b). Whether an extended reassessment notice can be sustained if the recorded… Read More »
Department Must Release Deposited Refund to Taxpayer Absent an Explicit Interim Stay From the Tribunal Issue Whether the revenue department can withhold a sanctioned GST refund amount deposited with the Court’s Registrar General, when its appeal is pending before the Appellate Tribunal but no interim stay order has been granted against the release. Facts Initial… Read More »
Condonation of delay for filing Form 10-IC is rejected due to prolonged corporate non-compliance. Issue Whether the Commissioner was legally justified in rejecting the assessee-company’s application under Section 119(2)(b) for condonation of delay in filing Form 10-IC to claim the concessional tax rate under Section 115BAA, when the application was filed beyond the three-year limit… Read More »
Notice Under Section 148 Issued After Limitation Expiry Is Valid If Delay Occurred Due To Assessee Adjournment Requests Issue Whether a reassessment notice issued under Section 148 after the normal limitation date is time-barred, or if the time consumed by granting extensions requested by the assessee during pre-notice proceedings can be excluded under the fifth… Read More »
Section 68 Addition Based On a Third-Party Slip Stood Vitiated Due To Denied Cross-Examination Section 68 Addition Based On a Third-Party Slip Stood Vitiated Due To Denied Cross-Examination Issue Whether an assessment order making an addition under Section 68 is legally sustainable when it relies entirely on a seized slip and a statement from a… Read More »
Reassessment Notice Issued Beyond Six-Year Limitation and Consequential Assessment Order Quashed as Time-Barred Reassessment Notice Issued Beyond Six-Year Limitation and Consequential Assessment Order Quashed as Time-Barred Issue Whether an income tax reassessment notice issued under Section 148 on August 30, 2024, for the Assessment Year 2016-17, along with its consequential assessment order, is legally sustainable… Read More »
Tax authorities cannot dispute a company’s commercial wisdom in securing loans to repay prior debt obligations. Issue Whether the Assessing Officer can disallow finance costs under Section 37(1) by questioning the commercial wisdom or business acumen of an assessee who takes out a new loan to repay an existing bank loan. Whether the finance costs… Read More »