Under GST law, Input Tax Credit (ITC) is a statutory benefit, not an absolute right. Fake ITC arises when credit is: Availed without actual supply of goods or services, or Availed based on invoices issued by fake / non-existent suppliers, or Availed with intent to evade …
The Madras High Court set aside a GST assessment order on the ground that the show cause notice (SCN) was not validly served as per Section 169 of the CGST Act. The Court held that mere uploading of SCN and reminders …
The Karnataka High Court examined whether an assessment order passed without considering the assessee’s reply—due to alleged non-receipt of the show-cause notice (SCN)—could be sustained. The assessee pleaded bona fide and unavoidable circumstances arising from a change in registered email …
The Visakhapatnam Bench of the Income Tax Appellate Tribunal (ITAT) held that receipts derived from leasing educational infrastructure along with multifaceted allied services are taxable as business income and not as income from house property. The Tribunal observed that where an assessee is …
The Supreme Court of India is set to hear a writ petition seeking the exclusion of the “creamy layer” from the benefits of reservation granted to Scheduled Castes (SCs) and Scheduled Tribes (STs). The plea raises significant constitutional questions on the scope …
The Hyderabad Bench of the Income Tax Appellate Tribunal (ITAT) examined whether interest received on income-tax refund qualifies for deduction under Section 80-IA of the Income Tax Act, 1961. The dispute arose from partial disallowance of the assessee’s Section 80-IA claim by the …
The Delhi High Court has reaffirmed the sanctity of advocate–client privilege by holding that a court cannot compel a lawyer to disclose the source of documents filed on a client’s instructions. Emphasising the protection under Section 126 of the Indian Evidence Act, 1872, …
The Jharkhand High Court, in State of Jharkhand v. Joy Kumar Mahto (since deceased), has reiterated the principle that an employee who voluntarily opts for the Employees’ Provident Fund (EPF) scheme, accepts all terminal benefits thereunder, and remains silent for a …
The Kerala High Court, in S. Ajith Kumar v. Union of India, WP(C) No. 38316/2025, examined the scope of GST exemption on health insurance premiums in the context of group health insurance policies availed by retired bank employees. The petitioners challenged the …
The concept of intermediary under GST has been a frequent subject of litigation, particularly in cases involving cross-border service arrangements between Indian entities and their foreign affiliates. One of the major consequences of classification as an intermediary is the denial of export …
The Andhra Pradesh High Court, in [2026] 182 taxmann.com 89 (decided on 24-12-2025), has clarified the legal position regarding GST assessment proceedings initiated after the death of a taxpayer. The Court held that assessment or demand proceedings cannot be validly concluded against a deceased …
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that no addition under section 69A of the Income-tax Act, 1961 can be made in respect of cash deposits in a bank account when such deposits are duly …
The Delhi High Court has reaffirmed the settled legal position that a Non-Executive Director cannot be held vicariously liable for offences committed by a company under Section 138 of the Negotiable Instruments Act, 1881, unless the complaint specifically discloses their role in the …
In a significant ruling clarifying the law on limitation under the Negotiable Instruments Act, 1881, the Supreme Court has held that a Magistrate cannot take cognizance of a cheque dishonour complaint under Section 138 if it is filed beyond the …
The Bombay High Court has reaffirmed the principle of equal pay for equal work by holding that contract workers performing the same or similar duties as regular employees are entitled to parity in wages and service conditions. The Court upheld the jurisdiction …
The Ministry of Finance has invited suggestions and ideas from citizens for the preparation of the Union Budget 2026-27, reinforcing the government’s commitment to participatory and inclusive policymaking. Citizens, professionals, industry stakeholders, and organisations can contribute their views on key economic …
The Karnataka High Court has reaffirmed that minor procedural lapses in e-way bill compliance cannot be the basis for harsh penal action under the GST regime. In a significant ruling, the Court held that detention of goods and imposition of …
The Delhi High Court has clarified that the mere inability of the GST Department to produce documentary proof of dispatch of a personal hearing notice—such as dispatch register entries, speed post receipts, or email records—does not automatically establish that no …
In a significant ruling, the Pune Bench of the Income Tax Appellate Tribunal (ITAT) held that registration under section 12A of the Income-tax Act cannot be denied on the basis of vague and unsubstantiated allegations of capitation fee collection or …
In a significant ruling reinforcing the principle of employee welfare, the Jharkhand High Court has held that an employee appointed prior to 1 January 1986 would be deemed to have shifted from the CPF (Contributory Provident Fund) Scheme to the …