Rejection of ITC for belated returns is unsustainable following the statutory amendment extending time limits. Issue Whether the rejection of Input Tax Credit (ITC) on the ground of belated filing of returns under Section 16(4) is sustainable after the statutory incorporation of Section 16(5) refixing the timelines for returns and ITC claims. Facts Nature of… Read More »
Reassessment proceedings initiated after April 1, 2021 for AY 2015-16 are barred by limitation. Reassessment proceedings initiated after April 1, 2021 for AY 2015-16 are barred by limitation. Issue Whether reassessment proceedings initiated after April 1, 2021, for Assessment Year 2015-16—including notices issued under Section 148 and Section 148A(b) along with the consequential order—are barred… Read More »
Commercial Auction Winner Collecting Market Fees Cannot Claim Municipal GST Exemption or Unconditional Pandemic Waiver Commercial Auction Winner Collecting Market Fees Cannot Claim Municipal GST Exemption or Unconditional Pandemic Waiver Issue Whether a private contractor who acquires the right to collect weekly market fees via public auction from a Town Panchayat can claim GST exemption… Read More »
Penalty Recovered from Employee for Stock Shortage Does Not Constitute Supply Subject to GST Penalty Recovered from Employee for Stock Shortage Does Not Constitute Supply Subject to GST Issue Whether a penalty recovered by an employer from an employee for stock shortages at a retail outlet constitutes a “supply” under Section 7 read with Paragraph… Read More »
One-Day Delay in Filing Form 10B During COVID-19 Condoned Due to Genuine Hardship Issue Whether a one-day delay in filing the audit report in Form 10B during the COVID-19 period should be condoned under Section 119(2)(b) when the delay causes genuine hardship to a charitable trust claiming tax exemption under Section 11. Facts Assessee Status:… Read More »
Writ Challenge to Notification 9/2023 rendered Academic as Favorable STO Report Resolves Show Cause Notice Issue Whether a writ petition challenging Notification No. 9/2023-CT issued under Section 168A (extending the limitation period) and a consequential Show Cause Notice (SCN) in Form GST DRC-01 survives for adjudication when a subsequent report by the jurisdictional tax officer… Read More »
IEC Suspension Revoked and IGST Refund Matter Remanded for Adjudication on Merits by Authority Issue Whether suspended IGST export refunds under Rule 96 and eligibility issues raised by the tax authority should be remanded to the competent respondent for determination on merits after revocation of the IEC suspension. Facts Export and Refund Claim: The petitioner… Read More »
Chartered Accountant valuation under Rule 11UA is valid for unquoted preference shares fair market value. Chartered Accountant valuation under Rule 11UA is valid for unquoted preference shares fair market value. Issue Whether the Assessing Officer was justified in rejecting a Chartered Accountant’s valuation certificate under Rule 11UA and substituting an arbitrary fair market value based… Read More »
Retrospective Insertion of Section 16(5) Validates Input Tax Credit Filed Before November 30, 2021 Retrospective Insertion of Section 16(5) Validates Input Tax Credit Filed Before November 30, 2021 Issue Whether the disallowance of Input Tax Credit (ITC) under Section 16(4) of the CGST/TNGST Act for a belated return filed on 30.10.2019 for FY 2018-19 remains… Read More »
Reassessment Notice Issued to a Deceased Assessee Is Invalid and Matter Remanded for Fresh Notice to Legal Representatives. Reassessment Notice Issued to a Deceased Assessee Is Invalid and Matter Remanded for Fresh Notice to Legal Representatives. Issue Whether a reassessment notice issued under Section 148 in the name of a deceased assessee is valid, and… Read More »