Best Judgment Order Set Aside and Remanded as Belated Return Reflected Higher Tax Payment Issue Whether a best judgment assessment order passed under Section 62 for non-filing of GSTR-3B should be set aside and remanded when the assessee subsequently files a belated return declaring and paying tax in excess of the assessed amount. Facts Default… Read More »
Reassessment initiated for the initial three months was invalid as income was disclosed for AY 2021-22 under Companies Act. Reassessment initiated for the initial three months was invalid as income was disclosed for AY 2021-22 under Companies Act. Issue Whether reassessment under section 147, along with notices under sections 148 and 226(3), is permissible for… Read More »
Firm’s Property Auction and Tax Recovery Valid within Limitation, Meeting All Statutory Requirements Issue Whether tax recovery proceedings and the auction sale of a defaulting firm’s properties were barred by limitation under Rule 68B of the Second Schedule to the Income-tax Act. Whether the non-service of individual notices to each partner vitiated the recovery proceedings… Read More »
Enhanced Composition Scheme Turnover Limit Applicable Only From April 1, 2019, Disallowing Retrospective FY 2018-19 Claim Issue Whether a registered dealer under GST can claim the benefit of the enhanced composition levy turnover limit for FY 2018-19 with effect from February 1, 2019 under Notification 02/2019-CT, or if the enhanced threshold operates only from April… Read More »
Rejection of IGST Export Refund Solely Based on Struck-Down Circular Is Unsustainable in Law Issue Whether an order rejecting a claim for refund of IGST on zero-rated export supplies, based exclusively on Board Circular No. 37/2018 on the ground of claiming a higher rate of duty drawback, is legally sustainable when the underlying circular itself… Read More »
Personal Bank Account and Related Entity Attachments Upheld for Recovering Liquidation-Bound Company Tax Dues Personal Bank Account and Related Entity Attachments Upheld for Recovering Liquidation-Bound Company Tax Dues Issue Whether garnishee attachment notices under Section 79 issued to the bank accounts of a former director, a related partnership firm, and a successor entity are valid… Read More »
Deficiency Memo Under Rule 90(3) Cannot Be Issued for Time-Barred GST Refund Claims Issue Whether a GST refund application can be treated as defective and rejected on the ground of limitation via a deficiency memo under Rule 90(3), or if it requires a show-cause notice under Rule 92(3). Facts Refund Claim: The assessee filed a… Read More »
Blocked Electronic Credit Ledger Cannot Be Used for Section 107 Pre-Deposit Pending Rule 86A Unblocking Request Issue Whether an assessee has an absolute right under Section 49(4) to utilize funds in an Electronic Credit Ledger (ECL) for paying the mandatory pre-deposit under Section 107 when the credit ledger has been provisionally blocked by the tax… Read More »
Statutory Waiver of Penalty Is Inadmissible If Tax and Interest Are Paid Beyond the Thirty-Day SCN Window Issue Whether a 10% penalty levied under Section 73 of the CGST/TNGST Act for delayed remittance of tax can be waived when the payment of tax and interest was delayed beyond thirty days from the issuance of the… Read More »
Deemed Stay Under Section 107 Prevents Revenue Appropriation From Blocked Electronic Credit Ledger Pending Statutory Appeal Issue Whether filing a statutory appeal under Section 107 of the CGST/TNGST Act along with the mandatory 10% pre-deposit from the Electronic Cash Ledger creates a deemed stay that prohibits the Revenue from recovering or appropriating remaining demands from… Read More »