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 »
Statutory 10% Pre-Deposit Satisfied Restores Appeal Dismissed for Delay for Hearing on Merits Issue Whether an appeal dismissed by the Appellate Authority can be restored for adjudication on merits under Section 107 of the CGST/TNGST Act upon the assessee depositing the statutory pre-deposit of 10% along with a short delay of seven days. Facts Scrutiny… Read More »
Pre-CIRP GST Dues Stand Extinguished Post-Plan Approval, but Assessee Remains Liable for Post-CIRP Liabilities Issue Whether GST demand orders covering both pre-CIRP and post-CIRP periods (April 2018 to March 2020) are legally sustainable after the approval of an IBC Resolution Plan, and whether pre-CIRP tax liabilities stand extinguished while post-CIRP tax liabilities remain enforceable. Facts… Read More »
Upfront Timeshare Membership Fees with Long-Term Service Obligations Cannot Be Taxed Fully in the Initial Year and Must Be Deferred over the Contract Term Issue Whether upfront timeshare membership fees collected by an assessee are fully taxable in the initial year under the mercantile system of accounting, or if 55% of the fee can be… Read More »
Post-Search Assessment Under Section 143(3) Valid Without Section 148A Notice When Scrutiny Limitation Unexpired Issue Whether an assessment post-search can be completed directly under Section 143(3) without issuing notice under Section 148 read with Section 148A when the statutory time limit for issuing a scrutiny notice under Section 143(2) has not expired. Facts Assessment Year:… Read More »