Tag Archives: SUPREME COURT OF INDIA

Supreme Court stays order holding physical service dates override electronic portal service dates for GST appeal limitations.

By | July 7, 2026
0 Comment

Supreme Court stays order holding physical service dates override electronic portal service dates for GST appeal limitations. Supreme Court stays order holding physical service dates override electronic portal service dates for GST appeal limitations. Issue Whether the date of physical/offline communication of a GST notice or order prevails over the date of electronic service on… Read More »

Composite GST demand notices clubbing multiple financial years are illegal as they violate limitation periods.

By | July 6, 2026
0 Comment

Composite GST demand notices clubbing multiple financial years are illegal as they violate limitation periods. Issue Whether the tax authority can legally issue a composite Show Cause Notice (SCN) and a single Order-in-Original (OIO) by clubbing multiple distinct financial years (2018-19 to 2023-24) under Section 74, or if each financial year must be treated as… Read More »

Interest from investing retained members’ sale proceeds is taxable under section 56, not section 80P(2)(a)(i).

By | July 2, 2026
0 Comment

Interest from investing retained members’ sale proceeds is taxable under section 56, not section 80P(2)(a)(i). Issue Whether interest income earned by a co-operative credit society from investing retained, temporarily idle sale proceeds of its members’ agricultural produce qualifies for a deduction as business income under Section 80P(2)(a)(i), or if it must be classified and taxed… Read More »

Interest Paid on Funds Borrowed for Commercial Expediency to Acquire Controlling Interest is Fully Deductible

By | June 27, 2026
0 Comment

Interest Paid on Funds Borrowed for Commercial Expediency to Acquire Controlling Interest is Fully Deductible Issue Whether the interest paid on capital borrowed by an assessee to acquire shares in a company through a group concern is deductible under Section 36(1)(iii) of the Income-tax Act, 1961, when evaluated under the touchstone of commercial expediency. Facts… Read More »

Supreme Court Allows Filing GSTAT Appeal Without Pre-Deposit Subject to Pending SLP Outcome

By | June 27, 2026
0 Comment

Supreme Court Allows Filing GSTAT Appeal Without Pre-Deposit Subject to Pending SLP Outcome Supreme Court Allows Filing GSTAT Appeal Without Pre-Deposit Subject to Pending SLP Outcome Issue Whether the High Court was right to relegate the assessee to the newly operational GST Appellate Tribunal, and whether the statutory pre-deposit requirement applies to appeals arising from… Read More »

Writ Petitions Are Not Maintainable When Statutory Appeal Remedy Under Section 107 Is Available

By | June 27, 2026
0 Comment

Writ Petitions Are Not Maintainable When Statutory Appeal Remedy Under Section 107 Is Available Writ Petitions Are Not Maintainable When Statutory Appeal Remedy Under Section 107 Is Available Issue Whether a writ petition under Article 226 of the Constitution of India can be maintained when an alternative, efficacious statutory remedy of appeal is available under… Read More »

An Unsigned Tax Order Cannot Be Challenged via Writ Jurisdiction Beyond the Statutory Limitation Period for Appeals

By | June 18, 2026
0 Comment

An Unsigned Tax Order Cannot Be Challenged via Writ Jurisdiction Beyond the Statutory Limitation Period for Appeals Issue Whether a writ petition under Article 226 of the Constitution can be entertained to challenge an adjudication order (even if unsigned) passed under Section 73 of the CGST Act, if the taxpayer approaches the High Court long… Read More »

Supreme Court Remands Reassessment Cases To High Courts For Assessment Year Verification

By | June 16, 2026
0 Comment

Supreme Court Remands Reassessment Cases To High Courts For Assessment Year Verification Issue Whether reassessment notices segregated from a larger batch of appeals must be struck down outright if they pertain to the Assessment Year (AY) 2015-16 pursuant to the Revenue’s concession in Union of India v. Rajeev Bansal, or whether they should be remitted… Read More »

Dismissal of SLP Confirms Revenue Cannot Raise the Issue of Netting Security Appreciation for the First Time Before High Court

By | June 11, 2026
0 Comment

Dismissal of SLP Confirms Revenue Cannot Raise the Issue of Netting Security Appreciation for the First Time Before High Court Dismissal of SLP Confirms Revenue Cannot Raise the Issue of Netting Security Appreciation for the First Time Before High Court Issue Whether the Revenue is permitted to raise a new legal plea regarding the “netting… Read More »

Reopening of Assessment Unjustified as Records Proved Assessee Offered Short-Term Capital Gains to Tax

By | June 11, 2026
0 Comment

Reopening of Assessment Unjustified as Records Proved Assessee Offered Short-Term Capital Gains to Tax Issue Whether the Assessing Officer was justified in reopening the assessment under Section 147 of the Income-tax Act based on information that the assessee claimed a Long-Term Capital Gain (LTCG) exemption, when the records established that the assessee had actually offered… Read More »