Input Tax Credit Claimed in March 2020 Return Filed Before Cut-Off Is Valid Under Section 16(5) Issue Whether an Input Tax Credit (ITC) claim for March 2020 can be denied as time-barred under Section 16(4) when the return was furnished on 17.11.2020, in light of the relaxed timeline under Section 16(5) of the CGST/KGST Act.… Read More »
Deduction of Embedded KVAT and Addition of 18% GST for Works Completed Post-GST Is Valid Deduction of Embedded KVAT and Addition of 18% GST for Works Completed Post-GST Is Valid Issue Whether deducting embedded KVAT/Service Tax from pre-GST quoted contract rates and adding 18% GST on the net figure for government contracts completed after 1… Read More »
Assessment Order Passed Within Extended Statutory Limit Is Valid as Draft Order and Hearing Procedures Were Complied With Assessment Order Passed Within Extended Statutory Limit Is Valid as Draft Order and Hearing Procedures Were Complied With Issue Whether the assessment order for AY 2020-21 passed on 28.09.2022 was time-barred, and whether the non-issuance of a… Read More »
Purchase of Property Jointly with Spouse Is Excluded From Benami Transactions, Validating Will Bequeathing Full Ownership. Purchase of Property Jointly with Spouse Is Excluded From Benami Transactions, Validating Will Bequeathing Full Ownership. Issue Whether property purchased jointly in the names of a father and mother under a sale deed qualifies as a benami transaction, and… Read More »
Kerala High Court Rules GST Returns Filed Before November 30 2021 Entitled To Input Tax Credit Kerala High Court Rules GST Returns Filed Before November 30 2021 Entitled To Input Tax Credit Issue Whether the tax authorities were justified in denying Input Tax Credit (ITC) under Section 16(4) of the CGST/KGST Act for the period… Read More »
TDS applies to interest on bank deposits made from MACT awards as it loses its exempt character. TDS applies to interest on bank deposits made from MACT awards as it loses its exempt character. Issue Whether the tax exemption on interest from Motor Accidents Claims Tribunal (MACT) compensation under Section 194A(3)(ix) and (ixa) extends to… Read More »
ITC Claim Filed for March 2020 on January 4, 2021 is Within Statutory Timelines Issue Whether the petitioner’s Input Tax Credit (ITC) claim for March 2020 can be legally denied under Section 73 on the grounds of late filing, when the corresponding GSTR-3B return was furnished on January 4, 2021. Facts The petitioner, a registered… Read More »
Composite Show Cause Notices Covering Multiple Financial Years Are Legally Unsustainable And Must Be Issued Year-Wise Composite Show Cause Notices Covering Multiple Financial Years Are Legally Unsustainable And Must Be Issued Year-Wise Issue Whether the revenue authorities are legally permitted to issue a single, consolidated Show Cause Notice (SCN) and subsequent demand orders under Section… Read More »
Input tax credit denial for 2018-19 is unsustainable as returns were filed before the extended statutory cut-off. Issue Whether the tax department can legally deny Input Tax Credit (ITC) on the grounds of belated filing when the taxpayer furnished their monthly returns for December 2018 to March 2019 within the extended statutory cut-off date of… Read More »
Composite GST Show Cause Notices Covering Multiple Financial Years Are Legally Unsustainable And Must Be Quashed Issue Whether a consolidated or composite Show Cause Notice (SCN) issued under Section 73 of the CGST/SGST Act covering multiple financial years (2019-2020 to 2023-2024) is legally sustainable, or if the tax authorities are mandated to issue separate, year-wise… Read More »