Relevant Date for Unutilized ITC Refund Is Return Due Date, Not the Export Date Issue Whether the “relevant date” for computing the two-year limitation period for a refund of unutilized Input Tax Credit (ITC) on zero-rated exports is governed by the export date under Explanation 2(a) or the return filing due date under Explanation 2(e)… Read More »
TDS applies to interest on bank deposits made from MACT awards as it loses its exempt character. TDS applies to interest on bank deposits made from MACT awards as it loses its exempt character. Issue Whether the tax exemption on interest from Motor Accidents Claims Tribunal (MACT) compensation under Section 194A(3)(ix) and (ixa) extends to… Read More »
Interest on delayed refund runs from the original application date, not the subsequent re-filing. Issue Whether the interest on a delayed GST refund under Section 56 must be calculated from the expiry of 60 days from the date of the original refund application, or whether a subsequent re-filing date forced by an illegal rejection of… Read More »
A reassessment order passed in the name of a struck-off, non-existent entity is illegal and void. A reassessment order passed in the name of a struck-off, non-existent entity is illegal and void. Issue Whether a reassessment notice issued under section 148 and a subsequent assessment order passed under section 147 read with section 144 are… Read More »
Informant rewards are discretionary, ex-gratia payments; courts cannot interfere unless there is patent arbitrariness. Issue Whether an informant reward under the CBDT Guidelines, 2007, is an ex-gratia, non-statutory, and discretionary payment, thereby precluding the High Court from interfering with or modifying the CBDT Full Board’s final determination unless there is manifest illegality or patent arbitrariness.… 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 »
Undisputed Exporter Entitled to IGST Refund Under Rule 96 Despite Omission of Tax Details in Shipping Bills Undisputed Exporter Entitled to IGST Refund Under Rule 96 Despite Omission of Tax Details in Shipping Bills Issue Whether an exporter can be denied an IGST refund under Rule 96 of the CGST Rules for undisputed exports simply… Read More »
Demand and Order Outside Five-Year Limit or Overlapping with State Proceedings Are Void Demand and Order Outside Five-Year Limit or Overlapping with State Proceedings Are Void Issue Issue I (Limitation Period): Whether a Show Cause Notice (SCN) and subsequent Order-in-Original (OIO) under Section 74(1) for FY 2017-18 are time-barred if issued beyond five years from… Read More »
Partners Personally Liable Under Section 122 For Fake Billing And Fictitious Input Tax Credit Fraud Issue Whether the revenue authorities are legally justified in invoking Section 122 to impose individual personal penalties on the partners of a firm, in addition to the firm’s liabilities, when search findings, electronic records, and voluntary admissions establish their direct… Read More »
Unreasoned Rejection of GST Revocation Application Violates Statutory Rules and Principles of Natural Justice Unreasoned Rejection of GST Revocation Application Violates Statutory Rules and Principles of Natural Justice Issue Whether the Proper Officer was legally justified in rejecting the petitioner’s registration revocation application through an unreasoned order in Form GST REG-05 solely due to the… Read More »