Bombay High Court rules that GST appeal limitation under Section 107 CGST Act must be calculated in calendar months, not as a fixed 120 days. Introduction In an important ruling concerning the limitation period for filing GST appeals, the Bombay …
The Gauhati High Court has reiterated that GST authorities are bound by CBIC circulars and cannot initiate penalty proceedings under Section 122 of the CGST Act when such action is expressly prohibited by a binding departmental clarification. The ruling is …
Karnataka High Court rules that Assessing Officers cannot revisit DSIR-approved R&D expenditure under Section 35(2AB) of the Income Tax Act. Introduction In an important ruling concerning tax incentives for scientific research and development, the Karnataka High Court has held that …
Bombay High Court rules that GST paid under the wrong tax head can be transferred to the correct head and Section 74 cannot be invoked without evidence of tax evasion. Case Reference: DHR Holding India Private Limited v. Union of …
Madras High Court holds Indian Overseas Bank liable to repay ₹3 crore fixed deposits despite fraudulent loans obtained against FDRs without depositor authorisation. The Madras High Court has reaffirmed that a bank cannot avoid its repayment obligations merely by claiming …
Delhi High Court rules that retrospective GST registration cancellation does not prevent departmental audit under Section 65 of the CGST Act, including examination of earlier records. Introduction The cancellation of GST registration with retrospective effect does not automatically deprive the …
Bombay High Court quashes income tax assessment order passed without issuing a mandatory Draft Assessment Order under Section 144C, protecting taxpayers’ statutory rights. The Bombay High Court has reiterated that the Income Tax Department cannot bypass the mandatory procedure of …
The Supreme Court upholds the Bombay High Court ruling allowing Asset Reconstruction Companies (ARCs) to replace banks as complainants in pending cheque bounce cases under Section 138 of the Negotiable Instruments Act. Introduction In an important development concerning debt recovery …
Gujarat High Court rules that inclusion of penal charges and interest in a financial creditor’s claim does not oust NCLT jurisdiction under Section 7 of IBC. Introduction The Gujarat High Court has clarified that the inclusion of penal charges and …
Bombay High Court rules that the entire cost of a second flat cannot be added to taxable capital gains merely because Section 54F exemption is denied. Case Reference: Nilesh Ramesh Modi v. The Income Tax Officer, Ward 16(3)(1), Mumbai & …
The Gauhati High Court stayed GST penalty proceedings against an individual partner over alleged wrongful ITC claims of ₹16.21 crore by a partnership firm, raising important questions on partner liability under Section 122(1)(A) of the CGST Act. Case Reference: Shri …
The Bombay High Court has clarified that an unsigned credit card application does not necessarily invalidate an arbitration agreement. In an important ruling, the Court observed that a cardholder’s use of a credit card may amount to acceptance of the …
Madras High Court allows disciplinary proceedings against a State Tax Officer for allegedly misusing Section 161 of the TNGST Act to reduce GST demands by ₹266.46 crore. Case Reference: Case Title: T. Uma v. The Commissioner of Commercial Taxes Case …
The Court holds that collection of service charges and generation of surplus income do not automatically convert charitable activities into commercial operations. The actual relationship between service charges and the cost of providing services must be examined. Introduction In an …
The Allahabad High Court has dismissed a Public Interest Litigation (PIL) challenging the levy of 18% GST on subscriptions to online legal research and legal education databases. However, the Court did not examine the constitutional validity or substantive reasonableness of …
ITAT Ahmedabad rules land sale gains taxable under capital gains, not business income, and allows exemption on qualifying REIT dividend income under the Income-tax Act. Introduction The classification of income arising from the sale of immovable property has significant implications …
Madras High Court rules that failure to issue GST DRC-04 acknowledgement under Rule 142(2) can render GST proceedings unsustainable, sets aside assessment orders and directs refund of tax collected. Introduction The Madras High Court has reiterated the importance of following …
Chhattisgarh High Court directs the Income Tax Department to refund amounts recovered from UltraTech Cement and Shree Cement after quashing of the tax demand against the State Mining Department. Introduction In an important ruling concerning tax recovery proceedings under the …
GSTAT Lucknow upholds reduction of GST penalty under Section 129, ruling that excess goods cannot justify a penalty on the entire consignment when the remaining goods are supported by valid tax invoices and e-way bills. Introduction In an important ruling …
Gujarat High Court rules that commission paid to foreign agents for procuring export orders is not taxable in India if services are rendered abroad and no business connection exists in India. No TDS liability arises. Introduction In an important ruling …