Section 16(5) Statutory Right to Rectify Return for ITC Cannot Be Restricted by Circular’s Time Limit Issue Whether an application to rectify a GST return under Section 39 to avail Input Tax Credit (ITC) under Section 16(5) can be rejected based on a six-month time limit imposed by departmental circulars when the statute itself prescribes… Read More »
Interest Under Section 244A Is Payable on Self-Assessment Tax Refunds From Date of Payment Issue Whether assessees are entitled to interest under Section 244A on refund of self-assessment tax from the date of payment of tax till 01.06.2016, when interest for the subsequent period (01.06.2016 to 30.07.2018) was already paid post the Finance Act, 2016… Read More »
Show Cause Notice Issued Beyond Statutory Limitation and Lacking Foundational Allegations of Fraud Is Unsustainable Issue Whether a Show Cause Notice issued under Section 73 after the extended outer limitation period for FYs 2018-19, 2019-20, and 2020-21 is time-barred and legally unsustainable. Whether invoking the extended period of limitation under Section 74 is valid when… Read More »
Regular Bail Granted as Arrest Authorization Lacked Statutory Reasons to Believe under Section 69 Regular Bail Granted as Arrest Authorization Lacked Statutory Reasons to Believe under Section 69 Issue Whether a petitioner arrested under Section 69 for alleged tax evasion offences under Section 132 of the CGST/BGST Act is entitled to regular bail when the… Read More »
Order under Section 148A(3) was quashed as the Assessing Officer failed to consider the assessee’s explanation that the marked-to-market loss had already been taxed in the preceding assessment year. Issue Whether Section 148A requires the Assessing Officer to disclose the exact source of information (such as an audit objection) to the assessee, or whether conveying… 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 »
Consolidated Show Cause Notice Clubbing Multiple Financial Years Under Section 74 Is Invalid and Void Consolidated Show Cause Notice Clubbing Multiple Financial Years Under Section 74 Is Invalid and Void Issue Whether a single, consolidated Show Cause Notice issued under Section 74 of the CGST/MGST Act clubbing multiple financial years is legally sustainable. Facts Period… Read More »
Show Cause Notice Proposing Retrospective GST Cancellation Set Aside for Violating Natural Justice Principles Issue Whether a Show Cause Notice (Form GST REG-17) proposing retrospective cancellation of GST registration without providing underlying verification reports, supplier details, or documentary evidence violates principles of natural justice and is legally sustainable under Section 29 read with Rule 22.… Read More »
Corporate Guarantee Issued to Group Entities Without Consideration Prior to Rule 28(2) Falls Outside GST Scope Issue Whether corporate guarantees executed by an infrastructure company for group entities without any consideration during the period 2017-18 to 2022-23 constitute a “supply” liable to GST under Section 7 of the CGST/MGST Act. Whether the statutory validity of… Read More »
Post-Resolution Plan Tax and Statutory Demands Pertaining to Prior Periods Stand Extinguished Under IBC Clean Slate Rule Issue Whether statutory and tax demand notices issued by authorities for claims pertaining to periods prior to the approval of an IBC Resolution Plan are legally enforceable against the Successful Resolution Applicant and Corporate Debtor under the “Clean… Read More »