Supreme Court Dismisses SLP Since Section 74 Demands Fail Without Specific Findings Of Fraud Supreme Court Dismisses SLP Since Section 74 Demands Fail Without Specific Findings Of Fraud Issue Whether proceedings under Section 74 can be sustained against a buyer for claiming Input Tax Credit when the taxpayer proves actual movement of goods and tax… Read More »
SLP Dismissed As Reassessment Cannot Be Initiated Based Solely On Bank Debit-Credit Entries Without Evidence Of Escaped Income Issue Whether reassessment under Section 148 read with Section 148A can be sustained when initiated solely on high-value bank debit and credit entries, despite the assessee explaining all banking transactions with complete documentary evidence and no cash… Read More »
High Courts cannot grant interim protection from arrest while dismissing a pre-arrest bail application. Issue Whether a High Court or Sessions Court, while rejecting an application for pre-arrest bail, has the jurisdiction to grant or extend interim protection from arrest for a specified period. Facts Pre-Arrest Bail Application: The respondent filed an application for pre-arrest… Read More »
Revision under Section 264 cannot be invoked to amend a return after the statutory time limit expires. Issue Whether a taxpayer who failed to claim a statutory deduction/tolerance limit under Section 43CA in their original return, and did not file a revised return within the prescribed statutory period, can seek to amend their income/tax liability… Read More »
Supreme Court Dismisses SLP Upholding High Court Order Setting Aside Perverse ITAT Relief on Bogus Share Loss Supreme Court Dismisses SLP Upholding High Court Order Setting Aside Perverse ITAT Relief on Bogus Share Loss Issue Whether the Supreme Court should interfere with the High Court’s order setting aside the Tribunal’s decision, where the High Court… Read More »
Omission of Rule 96(10) Applies to All Pending IGST Export Refund Proceedings Benefit Issue Whether the omission of sub-rule (10) of Rule 96 of the CGST Rules, 2017 via Notification No. 20/2024 with effect from 08.10.2024 applies to pending proceedings, enabling assessees to claim refunds of integrated tax (IGST) paid on exported goods/services without the… Read More »
Supreme Court Dismisses SLP Against Deletion of Penalty Arising From Ambiguous Notice Supreme Court Dismisses SLP Against Deletion of Penalty Arising From Ambiguous Notice Issue Whether a penalty levied under Section 271(1)(c) read with Section 274 is legally sustainable when the statutory show-cause notice fails to specify the specific charge by not striking off the… Read More »
Income Defaulting Under IDS 2016 Assessed as Unexplained Money Under Section 69A Upheld by Supreme Court Income Defaulting Under IDS 2016 Assessed as Unexplained Money Under Section 69A Upheld by Supreme Court Issue Whether income brought to tax due to default under the Income Declaration Scheme (IDS), 2016 is assessable as unexplained money under Section… Read More »
Anticipatory Bail Granted for Rs 11.08 Crore GST Fraud Set Aside Requiring Custodial Interrogation Issue Whether the High Court was justified in granting anticipatory bail to a proprietor accused of fraudulently availing Input Tax Credit (ITC) worth Rs. 11.08 crores without actual supply of goods when custodial interrogation was required by the Revenue. Facts The… Read More »
Assessee Relegated to Functional GST Appellate Tribunal for Priority Hearing and Interim Relief Consideration Assessee Relegated to Functional GST Appellate Tribunal for Priority Hearing and Interim Relief Consideration Issue Whether a writ petition or Special Leave Petition (SLP) challenging an adjudication order should be entertained on merits by higher courts when the GST Appellate Tribunal… Read More »