Supreme Court Issues Notice on High Court Order Refusing Condonation of Delay Beyond Section 107(4) Cap Supreme Court Issues Notice on High Court Order Refusing Condonation of Delay Beyond Section 107(4) Cap Issue Whether the limitation period for filing an appeal under Section 107 begins from the date of communication of the order-in-original, and whether… Read More »
Supreme Court Issues Notice on DBFOT Highway Toll Right GST Liability Upheld by High Court Supreme Court Issues Notice on DBFOT Highway Toll Right GST Liability Upheld by High Court Issue Whether under a Design-Build-Finance-Operate-Transfer (DBFOT) concession agreement, granting exclusive toll collection rights to a concessionaire constitutes non-monetary/barter consideration for taxable works contract services provided… Read More »
Reassessment Notice Issued by JAO Instead of NFAC Remitted Back to High Court for Fresh Consideration Reassessment Notice Issued by JAO Instead of NFAC Remitted Back to High Court for Fresh Consideration Issue Whether reassessment notices issued under Section 148 by the Jurisdictional Assessing Officer (JAO) instead of the National Faceless Assessment Centre (NFAC) under… Read More »
Section 153C Reassessment Proceedings Quashed as Unsigned MoU and Post-Search Public Documents Lacked Direct Nexus Issue Whether reassessment proceedings initiated under Section 153C were valid when based on an unsigned MoU without the assessee’s name and post-search documents lacking direct nexus to the search. Facts Search Operations: A search under Section 132 was conducted on… Read More »
Amount Received on Termination of Joint Venture Agreement Using Trademarks and Patents Is Not Taxable Under Unamended Section 55(2) Issue Whether the amount received by the assessee on termination of a joint venture agreement involving the use of know-how, labels, trademarks, and patents was taxable as capital gains under Section 55(2) as it stood during… Read More »
Redemption Fine Paid for Goods Confiscated Due to Import Law Violations Is Not Allowable Expenditure Issue Whether a redemption fine paid for releasing goods confiscated due to a breach of import conditions is an allowable business expenditure under Section 37(1). Facts Context: The matter pertains to Assessment Year 1988-89 involving the allowability of a redemption… Read More »
Assignment of Leasehold Rights in Land and Building Is Immovable Property Transfer, Exempt From GST Issue Whether GST is leviable under Section 7 of the CGST/GGST Act on the assignment and transfer of leasehold rights in a plot of land and building constructed thereon for a lump-sum consideration. Facts Original Lease: A plot of land… Read More »
Escaped Assessment Notices Struck Down if for AY 2015-16, Else Remanded for Redetermination Escaped Assessment Notices Struck Down if for AY 2015-16, Else Remanded for Redetermination Issue Whether the impugned reassessment notices are liable to be struck down outrightly under the revenue’s concession if they pertain to Assessment Year 2015-16, or whether the matters should… Read More »
Constitutional Validity of GST Arrest Powers Under Section 69 Upheld Following Supreme Court Precedent Issue Whether Section 69 of the Central Goods and Services Tax (CGST) Act, 2017, which empowers designated GST officials to arrest individuals suspected of specified tax offenses, is constitutionally valid. Facts The petitioner filed a writ petition before the Supreme Court… Read More »
Supreme Court stays further proceedings against an assessment order challenged via writ despite available appellate remedies. Issue Whether a writ petition challenging a Section 74 Order-in-Original is maintainable under the Whirlpool exceptions if the assessee alleges that the Show Cause Notice was issued without proper jurisdiction, based on a contested audit, and after a Call… Read More »