Tribunal Must Adjudicate Merits of Bad Debt Addition Instead of Limiting Review to Additional Claims Issue Whether the Tribunal was justified in refusing to adjudicate on the merits of the addition of ₹14.10 crores towards bad debts solely because an additional claim of ₹52 crores towards NPA write-offs was raised by the assessee for the… Read More »
Bona fide deposit in Electronic Cash Ledger within amnesty window entitles taxpayer to Section 128A benefits despite delayed form submission Issue Whether a taxpayer who credited the entire tax liability into the Electronic Cash Ledger within the notified amnesty period is entitled to the waiver of interest and penalty under Section 128A, even if the… Read More »
Composite show cause notice issued under Section 74 across multiple financial years is legally invalid Issue Whether a single composite show cause notice issued under Section 74(1) of the CGST/KGST Act, 2017 spanning multiple financial years (2017-18 and 2018-19) is legally sustainable. Facts The petitioner, registered under the CGST and SGST Acts, was subjected to… Read More »
Section 16(5) Overrides Section 16(4) to Grant Input Tax Credit for Returns Filed Before November 30, 2021 Issue Whether the statutory time limit for claiming Input Tax Credit (ITC) under Section 16(4) of the CGST/KGST Act, 2017 is overridden by the non-obstante clause of Section 16(5) for returns filed on or before November 30, 2021.… Read More »
Discount on shares allotted under Employee Stock Option Plan is allowable as revenue expenditure under Section 37(1). Issue Whether the discount on shares allotted to employees under an Employee Stock Option Plan (ESOP) qualifies as allowable revenue expenditure under Section 37(1) of the Income-tax Act. Facts The assessee-company issued shares to its employees under an… Read More »
Notice Sent Solely to Registered Email Id Invalid When Form-35 Specified Different Address Issue Whether an order passed by the CIT (Appeals) is vitiated for breach of principles of natural justice when statutory notices are sent only to the assessee’s registered email ID instead of the specific email address provided in Column 17 of Form-35… Read More »
Audit Report Within Time Limits But SCN Issued Prior To Finalization Quashed For Natural Justice Breach Issue Whether the GST audit was time-barred under Section 65(4) of the CGST/KGST Act, and whether a Show Cause Notice issued prior to considering the petitioner’s reply to audit discrepancies violates Rule 101 and natural justice principles. Facts Notice… Read More »
ITC Is Allowable Under Section 16(5) When Returns Are Furnished Before the Stipulated Extended Cut-Off Date Issue Whether the petitioner is entitled to Input Tax Credit (ITC) for the period 01.04.2018 to 31.03.2019 under Section 16(5) of the CGST/KSGST Act when monthly returns were filed after the original Section 16(4) deadline but before November 30,… Read More »
GST on Pre-GST Works Contracts Is Reimburseable Based on GST-VAT Differential for Post-December 2017 Supplies Issue Whether a contractor executing a pre-GST works contract is entitled to reimbursement of GST incurred post-July 1, 2017, and how such reimbursement should be calculated considering the tax transition from VAT to GST. Facts Pre-GST Contract: The contractor was… 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 »