Departmental Appeal Dismissed as Monetary Limit of Rs. 10 Lakhs Falls Below Prescribed Limit. Issue Whether a departmental appeal filed before the High Court against a penalty of Rs. 10 lakhs imposed under Section 43 of the Black Money Act, 2015 is maintainable in light of CBDT Circular No. 5 of 2024 raising the monetary… Read More »
BIOSOT, a Telangana State instrumentality, is immune from Income-tax under Article 289(1) of the Constitution. Issue Whether BIOSOT, a statutory society formed under Supreme Court directions to perform ecological restoration under Article 48A, qualifies as an instrumentality of the State of Telangana under Article 12, thereby granting it constitutional immunity from Income-tax under Article 289(1)… Read More »
Interest Claims on Sanctioned GST Refunds Do Not Require CA Certification Under Rule 89 Issue Whether a taxpayer claiming statutory interest under Section 56 on an already sanctioned GST refund is required to submit CA/CMA certification and fulfill conditions under Rule 89(2)(m). Facts Petitioner Status: The petitioner is a registered company seeking statutory interest on… Read More »
Unexplained Additions Under Section 68 Are Unsustainable When Assessee Discharges Initial Burden of Proof Through Cogent Evidence Unexplained Additions Under Section 68 Are Unsustainable When Assessee Discharges Initial Burden of Proof Through Cogent Evidence Issue Whether the additions made under Section 68 of the Income-tax Act, 1961 were legally sustainable when the assessee furnished documentary… Read More »
Reassessment Beyond Four Years Is Impermissible When All Depreciation Details Were Fully Disclosed Under Scrutiny Reassessment Beyond Four Years Is Impermissible When All Depreciation Details Were Fully Disclosed Under Scrutiny Issue Whether the Assessing Officer can validly issue a notice under Section 148 to reopen an assessment after the expiry of four years from the… Read More »
Delay in Filing Form 10-IC for Section 115BAA Concessional Tax Condoned Due to Bona Fide Intention Issue Whether the rejection of an application under Section 119(2)(b) seeking condonation of delay in filing Form 10-IC to claim the concessional tax rate under Section 115BAA is sustainable when the taxpayer demonstrated a continuous bona fide intention to… Read More »
Bona Fide Delay in Filing Form 10-IC Under Section 115BAA Deserves Condonation Under Section 119(2)(b) Issue Whether the delay in filing Form 10-IC for exercising the option of a concessional corporate tax rate under Section 115BAA should be condoned under Section 119(2)(b) when the assessee demonstrated a bona fide intention from the inception. Facts Context… Read More »
Automated CPC Technicality Cannot Defeat Legitimate Section 10AA Exemption Claimed with Belated Form 56F Issue Whether an automated processing centre (CPC) can deny a legitimate deduction under Section 10AA on procedural grounds when the required audit report (Form 56F) was obtained prior to filing the return but uploaded shortly thereafter, and whether the inability of… Read More »
Cancellation order passed on grounds not specified in SCN is invalid and restored registration. Issue Whether a GST registration cancellation order based on non-furnishing of returns is legally sustainable when the preceding Show Cause Notice proposed cancellation solely on grounds of fraud, wilful misstatement, or suppression. Facts Registration Status: The petitioner was a registered taxable… Read More »
Writ Against Appellate Order Unmaintainable When Documents Evaluated and Alternative Remedy Before GSTAT Exists Issue Whether a writ petition under Article 226 challenging an appellate order is maintainable on grounds of natural justice violation when the appellate authority evaluated submitted documents but found them insufficient, and an efficacious statutory remedy before the Appellate Tribunal (GSTAT)… Read More »