ITC Not Available for Construction of Tailing Dam as It’s Not a Core Business Activity – AAR Rajasthan Ruling

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The Rajasthan Authority for Advance Rulings (AAR) has ruled that Input Tax Credit (ITC) is not available for goods and services used in the construction of a Tailing Dam as it is not considered part of the core business activity. …

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Writ Against Intimation of Tax Ascertainment Under Section 73(5) is Premature Without SCN: Karnataka High Court

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The Karnataka High Court recently ruled that a writ petition challenging an intimation of tax ascertainment under Section 73(5) of the CGST/KGST Act, 2017, is premature if no Show Cause Notice (SCN) under Section 73(1) has been issued. The court …

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Kerala High Court: Shops & Establishments Act Registration Alone Not Sufficient for ESI Coverage

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The High Court referred to the Supreme Court’s ruling in Board of Control of Cricket in India v. Regional Director, Employees State Insurance Corp. (2022), which established that an establishment qualifies for ESI registration only if it systematically engages in …

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Justice Abhay Oka Calls Legal Practice “5-Star Social Work,” Urges Young Lawyers to Take Up Pro Bono Cases

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“Junior lawyers must learn the art of advocacy, proper drafting, and courtroom conduct. Training programs will equip them with these essential skills,” Justice Oka Said said. Justice Abhay Oka of the Supreme Court recently highlighted the importance of pro bono …

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Whether Proper Notice Was Served Is a Disputed Fact, Cannot Be Challenged Under Article 226: Kerala High Court

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The Bench reiterated that the issue of proper notice is a factual matter requiring examination of evidence, which is beyond the scope of a writ petition under Article 226. The Kerala High Court has ruled that the question of ‘whether …

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Making Delay in Declaration of Outward Supplies in GST Return? Dept Started Issuing Interest Recovery Notice

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Interest is payable even if sufficient Input Tax Credit (ITC) was available at the time of supply. The relief under the Proviso to Section 50(1) applies only when outward supplies are declared within the same tax period. The Goods and …

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Section 87A Rebate Confusion: Capital Gains Taxpayers Might Face Notices – What You Need to Know

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Some CIT(A) rulings have supported the taxpayer’s interpretation that the 87A rebate should apply to total income, including capital gains. However, until a clear judicial or legislative resolution is established, the issue remains contentious. A major controversy has emerged surrounding …

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Delhi High Court Rules Against Indefinite Property Attachment by Income Tax Department without Steps to Resolve the Matter

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The Delhi High Court ruled that the dues of a secured creditor take precedence over the tax dues owed to the Income Tax Department. In a significant ruling, the Delhi High Court has held that the Income Tax Department cannot …

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Gujarat High Court Upholds Patanjali Foods’ ₹1.7 Crore GST ITC Refund, Rejects Revenue Recovery Attempt

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The Gujarat High Court struck down Paragraph 2(2) of Circular No. 181/13/2022-GST, declaring it ultra vires Section 54 of the GST Act and inapplicable retrospectively. The Gujarat High Court has ruled in favor of Patanjali Foods Ltd., affirming its right …

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Telangana High Court: Digital Signature Mandatory for Valid Show Cause Notices Under GST

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The Court held that statutory rules supplement the Act rather than contradicting it. Since Form DRC-01 and DRC-07 include a designated section for the signature of the proper officer, the requirement becomes statutory. The Telangana High Court has ruled that …

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Why the Income Tax Department May Ask for Your Grocery and Restaurant Bills: Experts Explain

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Income tax officials may analyze an individual’s declared expenses in comparison to their bank records, which include credit/debit card transactions and cash withdrawals. The middle class has been facing increasing scrutiny regarding income tax compliance, with discussions intensifying before the …

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Supreme Court: Court Judgments Are Retrospective Unless Specified Otherwise

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Supreme Court clarifies that, the Legislative laws are prospective in nature unless expressly stated to have retrospective application, whereas Judicial pronouncements are retrospective by default unless the judgment specifies its prospective effect. The Supreme Court of India has reaffirmed that …

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Supreme Court Ruling: BNSS/CrPC Provisions on Rights of Arrested Persons Applicable to GST & Customs Acts

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This Supreme Court ruling strengthens legal protections for individuals facing arrest under the GST and Customs Acts. By extending CrPC safeguards to these laws, the Court ensures that tax enforcement authorities follow due process and refrain from arbitrary arrests. The …

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