Statutory IGST Refund Cannot Be Denied Due to Web Portal Glitches and Must Be Processed Manually Statutory IGST Refund Cannot Be Denied Due to Web Portal Glitches and Must Be Processed Manually Issue Whether an IGST refund claim statutorily recognized under Section 54 of the CGST/TNGST Act can be denied or refused manual processing due… Read More »
Reassessment notice issued beyond three years without PCCIT approval under Section 151 is invalid Issue Whether a notice issued under Section 148 after the expiry of three years from the end of the relevant assessment year without obtaining approval from the specified authority under Section 151 is valid, and whether the consequent reassessment order under… Read More »
Liquidated damages, underwriting commission, structuring fees qualify as tax-exempt interest, and Section 36 deductions operate independently. Issue Whether liquidated damages, underwriting commission, and structuring fees earned by an infrastructure financial institution qualify as exempt “interest” under Section 10(23G) of the Income-tax Act, 1961. Whether deductions claimed under Section 36(1)(viia)(c) and Section 36(1)(viii) operate independently without… Read More »
Provisional Attachment Under Section 83 Ceases Automatically After Expiry of One Year Statutory Period Provisional Attachment Under Section 83 Ceases Automatically After Expiry of One Year Statutory Period Issue Whether the provisional attachment of a bank account under Section 83 of the CGST/TNGST Act remains legally enforceable beyond the statutory outer time limit of one… Read More »
Unchallenged Settlement Deed and duly proved registered Will negate partition claim through alleged benami transaction. Issue Whether a suit for partition claiming property rights through an alleged benami purchase is maintainable when the absolute title under an unchallenged Settlement Deed and the execution of a registered Will are duly proved. Facts The appellant, daughter of… Read More »
In view of Sections 16(5) and 16(6), demand for belated ITC was set aside and matter remanded. In view of Sections 16(5) and 16(6), demand for belated ITC was set aside and matter remanded. Issue Whether an assessment order confirming a demand for belated availing of Input Tax Credit (ITC) under Section 16(4) should be… Read More »
Mere delayed payment of tax without evidence of wilful attempt to evade cannot attract prosecution. Issue Whether the mere delayed payment of assessed tax, in the absence of circumstances evidencing a wilful attempt to evade, constitutes an offence under Section 276C(2) when read with the presumption of culpable mental state under Section 278E, and whether… Read More »
IGST Remitted Inadvertently Under Wrong Major Head Must Be Appropriated Towards CGST and SGST Liabilities Issue Whether a taxpayer who inadvertently paid its entire tax liability under the IGST head instead of splitting it between CGST and SGST can seek direct adjustment/appropriation of the IGST payment towards CGST and SGST liabilities instead of paying fresh… Read More »
Reversal of Input Tax Credit Solely Due to Retrospective Cancellation of Supplier’s Registration Without Document Evaluation Is Invalid Issue Whether the reversal of Input Tax Credit (ITC) under Section 73 can be confirmed solely on the ground of retrospective cancellation of the supplier’s registration, without considering the documentary evidence submitted by the purchaser and after… Read More »
Tax Paid Under IGST Head Inadvertently Can Be Appropriated Towards CGST And SGST Dues Directly Issue Whether tax inadvertently paid entirely under the IGST head instead of being split into CGST and SGST can be directly appropriated by authorities towards CGST and SGST liabilities without compelling the assessee to pay fresh dues and seek a… Read More »